Loading...
95-1133� � CouncilFile# q S� �, 33 GreenSheet# � �$ � 3 � 13 1 2 3 4 Referred To Commiitee: Date RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached May, 1944 - April, 1997 Collective Bargaining Agreement between the C`ity of 5aint Paul and the International Brotherhood of Electrical Workers, Loca1 110. Adoption Certified by Council Secretary Requested by Depanment of: Office of Labor Relations By: �---��' ��- - l' Form Ap roved by City Attorney B9� � � �--�`-�.y 9 S By: 3-. APl Appro d� Mayor: Dat t�' �� qS By: By: � by Mayor for Submission to Council Adopted by Council: Date ('��� ��\�t � S �5 — 113,� OEPARTMENTlOFFIGEfCOUNCIL DATEINITtATED �� � � `� � `� o �LAT�o�s 9-8-95 GREEN SHEET CANSACT PEqSON & PHONE INITIAL/DATE INITIAL/DATE DEPARTMENTDIRE GITVCOUNCIL ASSICN CI7YATTORNEY CITYCLERK H. K ARNEY 2 6-6495 NUYBEqFOR � MUST BE ON COUNGiI AGEN�A BY (OATE) pQ�N� O BUD(iET DIRECTOR � FIN. d MGT SERVICES DIR. OHDER f 31� MAYOR (OR ASSISTAN'n � b2J TOTAL # OF SIGNATURE PAGES 1 (CLIP All LOCATIONS FOR SiGNATURE) ACTION flE�UESTE�: This resolution approves the attached May, 1994 - April, 1997 Agreement beCween the City of Saint Pau1 and the International Brotherhood of Electrical Workers, Zocal 110. RECOMMENDATIONS� Approve (A) or Re�ect (R) pEHSONAL SERVICE CONTRACTS MUST ANSWER THE POLLOWING QUESiIONS: _ PLANNING C�MMISSION _ qVIL SEAVICE COd1MISSI�N 1. Has this personttirm ever worketl under a contract for this tlepartment? _ CB CoMMtTiEE _ YES NO 2. Has this person/firm ever been a Ciry employee? _ STAFF — YES NO _ �ISTRiCT COUaT _ 3. Does this person/firm possess a skill not normally possessetl by any current ciry employee? SUPPORT$ WHICH COUNdL 08JECTIVE� YES NO Explain all yes answers on separate sheet antl attach to green sheet INIiIATING PROBLEM, ISSUE.OPPORTUNITY(Who, What, When, Where, Why). See Attached. ADVANTAGESIFAPPROVED An Agreement in place through April �99�. RECEIVED SEP }..3 1995 CI�T� ATTORNEY OISADYANTAGESIFAPPROVED: �if�, `��-,e.� ��°,� �, A� logz� 3�s�S�B�i � i None. ��.�' �. � 1995 � DISADVANTAGES IF NOTAPPROVE�� No settlemenC reached and r�ossible strike. First Year: $ 78,600 TOTALAMOUNTOFTRANSACTION $ SeCORd Y28T: �I1Z�O�H COSTlREVENUEBUDGETED(C(RCLEQNEJ YES NO FUNDItdG SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION. (EXPLAIN) ° �S -113.3 _ � ATTACHMENT TO GREEN SHEET ELECTRICIANS This three yeaz agreement will be effective from May, 1994 through April, 1997. There wi11 be a wage and benefit reopener in May, 1496 for wages and benefits for the final year. The agreement calls for a wage freeze in 1994. Fringe benefit increases total $78,600 in the first year. The cost of the wage and fringe benefit increase in the second year of the contract is $98,000. The additional costs associated with social security and pension increases raise the second year total to $112,100. Of the 41 members of this unit, five are on City benefits and 36 are on union benefits. Only those empioyees on City benefits are eligible for City contributions toward retiree health insurance. The agreement also places a cap of $550 per month on the C`ity's contribution toward regular redree insurance for employees who retire after 12j31/95. � � C N � e--I F- � z o � u I ry < T .G�- ❑ 0 > W � m a t� �r�i N N w Q � Y .� U w O a F v m � � � Q u.. F Z Ni W J F-� W � � � O � Z � � � m i m -= 1 1 G T � O � � � � � U' � 'J V ' � O � =� 3� 3'_ °a �d K w W� w �� 3? 3 C 3 V V � V O Z= Z� Z V Z� V i) <— � N � V N N � O � v C 3 oa -�� � � n _ � m v � c� �- m o V o� tJ y J h �G J � � � � � � � � � M � M � V! � �i y � N 3 3 Z= Z 5 Z 5 �l n q a w � w � m f � � � � m � m � w � n6 n'£ c'S � N t� O� � � � ' �� � � \ 1 �Y �u � W u't > > I I'i � v v � n ai C O�l vf�im Nm �V rf M cj � w � �n o v `n �' 3 �� E� � V O � � O A m � E � v�° - v� 'v 9 >= w> «aE w ;o p a� = 3 F 3 0 � c 3 o c � Z- Z� ZV Z.�V L N N .- O O ul m V O .-� � � vl d N � N .-a N .+ w o �fV N O � d N V < R 9 q O �� C v . > 3 ,�� �,�� H r N G u V C m cV m.�iV 1 f I I � m O ^ ^ U _ 't � � v G � O J � °' � u � u w � »� .sq 3 N 3 N 3 N z= zs z5 I I I I I I II I rv � m V p W V � U � C FA C �„ �� �' �� m 5 m � m � � � ; l � l I J' � . v' J +D ^ I n n f fJ � � � ( � v� _ LL � ° O _° N =' -�o „ > m I ` � V D� O� O � C G C v� �'J' ': G 1 T� d N 1 M` M� �n . p, Z O U` I� -� ' G C� U = F � �' � U.��' V� V C u` O j O � p � o Z(] Z V Z V 2 U �- � ' �n E I � I 3 I I � � � c I N V1 N V O O u I _� : �� v n • � I � ry � N u w� 0� O� � Y O , I $� �� �� oEE �� I mn �V cV ci+ �'� � ( rn I � q a o 0 0 o i i i � i v v i i i V �7' � v >. Q o O al L F � N .�- \ h P y N V A� � � m U ^ }� w^ � N O� N L � 3� 3 a vvo � ❑ - v' � w>w��a„�� ,°q °� °`' Y � 3a 3 3 3,',' 3� 35 3� LL �j z� zf z8 z"9u z"= z"= z= 01 N I� 'a \ � N OJ � � W I Q I I I j 01 � d W I I I � � " u1 y ^" �- v�i °� .- v� ' .o n m V C . tn E � � V n O O W Q _ q 3 � N�� �c Q� ` u ' � � ,�v, v "c . �� $5 $`a O m m U o� V m= m � c= 95-1133 i e' N � o` N1 I O W I� I i i � O O O � l m N �7 rn I .-a .-a I -+ N I � n o Q m L P Y C P P � I C < -_ � � t � � � > v �— O O O O p C y� y ,7 I L p N W .. � . CG �n C j 'V N ,g�: � n o � o�. �� N 5n ° E I> y wv w� wa w� a Z� V^ v v� a �_ �� v'� v E �Ec oE a ° �"� 'c 5„ Z� Z V Z V ZLL U r° �w ��'n ;� � � � � � � f � I I I NI N) �_ � I I 1 rn � � � � !. � m fm m � n ' v C C � O O � -' �' '��° ro :' � . .` �' � � � C y W y U 0 4 Q� Q } CI I �� �_ �� �€E �" I m� m V m V m�.0 ci-� o � � � 0 0 0 o w c� i i i �o �o o� o i i i � I 1 I W oJ N. i� i� N N � � 1 N (V C N � N .� y `J U L C .� C G C � y " N� w �� � � L [0 u�r b o= o A S � o_ � � N � m r E ... v.., �„a «° a Z� V E�+__ 3 �`�- m�� m o v E p ^ E < o n d N Z � Z V Z U Z v�i V F� o Y� �-+ O � � , �l N� I II I O � m' o ^ .- M b C C O O � � N �. ` `y � L F � N 1n N W V � 4 Q O y }^� $� ��` NE v£c v � n'0 c'U c V ou�-V �� I n` N N � O � n v a' a 5 E 5 „ 0 N o C) E � O G � w ° ,-� o c c _ <v c- � . �. _ ,: �.: �� �. � �,�a_ _ _ . ��> ��.. � >� ��� 3: �p, fu.� �.:__ a . _ �:; F5(Ji � �� ' #^J ` �'� ��° �,: May, 1994 thru April, 1997 MAINTENANCE LABOR AGREEMENT - between - THE CITY OF SAINT PAUL °�5-1133 . � aI1Cl - . INTE�TATIOl�+Tt�L B�OTHERHOOD OF ELECTRICAL WORKERS, LOCAL 110 ��� � �.« � ,.. _ �_ � _ � ,._, _ . - ,��, � � : � ,. - _. .. � � _ � �_ � _ � _ �� � ��- � � � � �� � . � � � � , ° � � � � � A x t 6�.0 �,;4 sd..m,s'nc ,�7 ��.,.�'� . .,�..: �e�,. .... ,. ,. ., ..'�`c'„ . :-,.k �5- � i 33 INDEX ARTICLE TITLB PAGE ... Preamble......................................... ui 1 Purpose ........................................... 1 2 Recognition ........................................ 2 3 Bmployer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . • • • - 4 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Probationary Periods .................................. 6 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . 7 8 Hoursof Work ...................................... 8 9 Overtime ......................................... 10 10 Callback ......................................... 12 11 Work Location ..................................... 13 12 Wages and Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . 17 14 Insurance ......................................... 18 15 Holidays .......................................... 21 16 Discipiinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 17 Absencesfrom Work ................................. 24 18 Seniority .......................................... 25 19 Jurisdiction ........................................ 26 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 21 22 23 24 25 26 27 28 29 30 31 Tools............................................ 28 Grievance Procedure ................................. 29 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Non-Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 5everability ........................................ 35 Waiver........................................... City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Materniry L.eave .................................... Severance Pay ...................................... I.egalService ...................................... Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 37 39 40 42 43 i �5-<<33 INDEX (Continued) Append� A .................................................. A1 AppendixB ................................................... B1 AppendiarC.................................................. C1 Appendix .................................................. D1 Appendix .................................................. E1 AppendixF .................................................. F1 ii �5- I � 33 PREAMBLE This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the LJNION. The EMPLOYER and the UNION concur that this AGREEMENT has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both zealize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. iii a5-��3� ARTTCLE 1 - PURPOSE 1.1 T'he EMPLOYER and the UNION agree that the purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and we11-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the BMPLOYER and the UNION; 11(3) Establish procedures to arderly and peacefully resolve disputes as to the application or interpretation of this AGREEMENT without loss of productivity. 1.2 The EMPLOYER and the UIVION agree that this AGREEMENT serves as a supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate tl�at part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABILITY). 1 q�-I133 ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative for collective bargaining purposes for all persoanel having an employment status of regular, probationary, provisional, temporary, and emergency, employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-477-A., dated April lb, 1973. 2.2 The classes of positions recognized as being exclusively represented by the LJNION are as listed in Appendix A. 2 ��-i►33 ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by tlus AGREEMENT. 32 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish following written notification to the UNION. 3 q5�1��3 ARTICLE 4 - UNION RIGHTS 4.1 The EMPLOYER shall deduct from the wages of emp2oyees who authorize such a deduction in writing an amount necessary to cover monthly LTNION dues. Such motties deducted shall be remitted as directed by the iJNION. 4.2(1) The EMPLOYER shall not deduct dnes from the wages of employees covered by this AGREEMENT for any other labor organization. 4.1(Z) The UIVION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The IINION may designate one (1) employee from the bazgaining unit in each department to act as a Steward and shall inform the EMPIAYER in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the iTNION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by tlris AGREEMENT are working. 0 a�- � ��� _ ARTICLE 5- SCOPE OF THE AGREEMENT S.1 This AGREEMENT established the "terms and conditions of employmenY' defined by M.S. 179A.09, Subd. 19 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � q�- i 133 ARTICLE 6 - PROBATIONARY PERIODS 6.1 Alt persanne2, originaiiy hired or rehired foliowing separation, in a regulaz employment status sl�all serve a six (6) month probationary period dnring which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminaTed aY Yhe discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which sha11 be sent to the UNION. 6.2 All personnel promoted to a higher class of positions shalt serve a six (b) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibiliues shall be evaluated. 6.2(1) At any time during the promotional probatioaary period an employee may be demoted to the employee's previously held class of positions at the discretion of the EMPLOYER w�thont appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previousiy held class of positions and shali receive a written notice of the reasons for demotions, a copy of wluch shaIl be sent to the UNION. � �5- i i�� _ ARTICLE 7- PffiLOSOPTIY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the U1vION are in full agreement that the philosophy of employment and compensation shall be a"cash" haurly wage and "industry" 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 Article 12 (WAGES AND FRINGB 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; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. �/ q�-fi33 ARTICLE 8- HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry (30) minute unpaid Iunch period. 8.2 The normal work week shall ba five (5) consecutive normal work days in any seven (7} day period. 8.3 Shifts other than the regulaz daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (i) work week. The second shift shall be a regulazly scheduled shift which follows a regulazly scheduled first shift of five (5) hours or greater. The third shift shall be a regularly scheduled shift which follows a regularly scheduled second shift of five (5) hours or greater. 8.4 For employees on a shifT basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. : q�-��33 ARTICLE 8- HOURS OF WORK (Continued) 8.6 An employee normally working on a particular shift may be transferred from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fili such vacancy upon 24 hours notice. 8.7 All employees shall be at the work 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 estabiished work day unless otherwise directed by their supervisor. 8.8 All employees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.9 Employees reporting for work at the estaUlished 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. 8.10 The employer shall be requued to give no less than s'vc and one-half (6.5) hours notice, when an employee is to be laid off. 3� �� -1133 ARTICLE 9 - OVERTIME 91 All overtime compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim wiIl be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the foIlowing circumstances: 9.2(1) Time worke@ in excess of eight (8) hours in any one normal work day; and 9.2(2) Time worked on a s'v�th (6th) day following a normal work week 92(3} Time actually spent doing certain work on smokestacks, str¢ctural radio or television towers and bridges over water requiring employees with special talents in climbing or worldng at unusual heights away &om solid, guarded platforms, scaffolds or permanent, enclosed ladders. 10 ��-fl�� ARTICLE 9 - OVERTIME jContinued) 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3(1) Time worked on a seventh (7th) day following a normal work week; and 93(2) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour 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 for the same hours worked. 9.5 Overtime hours worked as provided by this ART'ICLE shall be paid in cash or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPLOYEI2. 11 Q5- I l33 ARTICLE 10 - CALL BACK 10.1 The EMPLOYER retains the right to ca21 back employees before an emplayee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a caIl-back shalI be compensated in accordance with Article 9(OVERTIME), when applicable, and subject to minimum established by 102 above. 10.4 Employees cailed back four (4) hours or Iess prior to their normal work day shall complete the normal work day anc3 be compensate@ only for the overtime hours worked in accordance with Article 9(OVERTIME). 12 1�-i�33 ARTICLE ll - WORK LOCATION 11.1 Empioyees 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 BMPLOYER. 11.2 Employees assigned to work locations during the normal work day, other than their original assignment, and who are required to furnish their own transportation shali be compensated for mileage. 13 �5 ARTICLE 12 - WAGES AND FRINGE BENEFITS 12.1 The basic houriy wage rates as established by Appendiac C shatl be paid for all hours worked by an employee. 12.2 Employees who aze covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not ha�e hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFTI'S}. 12.2(1) 7nsurance benefits as established by the City of Saint Paul. 12.2(2) Sick L.ea�e as established by Resolution No. 3250, Section 20. 12.2(3) In each calendar year, each full-time employee who is efigible for vacation shall be granted vaca�ion according to the following schedule: Years of Service I,ess than 5 years After 5 years thru 15 years After 15 years and thereafter Vacation Graated 15 days 20 days 25 days Empioyees who work less than fuIl-time shall be granted vacation on a pro rata basis. The above provisions of vacation shall be subject Yo the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 12.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensation, Section 1, Subdivision I. 12.2(5) Severance benefits as establisbed by Ordinance No. 11490 with a maaumum payment of $4,000 or as establishe@ by Article 29 of this Agreement. 12.3 Regular employees covered by the Fringe Benefits in 12.2 shall have the transfer from this coverage. Employees requesting such transfer shall be considered participating employees and will no longer be covered by the benefits in 122 but shall be covered by 12.4. right to f� �.- 14 q5 m i � 33 ARTICLE 12 - WAGES AND FRINGE BENEFITS (continued) 12.4 Regular empioyees not covered by the fringe benefits listed in Article 122 shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 121 (WAGES) and have fringe benefit contributions andJor deductions made on their behaif as provided for by Article 12,7. 12.5 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREBMENT, participating employees and shall be compensated in acwrdance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 12.7. 12.6 All regular employees employed in a title in this bargaining unit after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 121 (WAGES) and have fringe bene£it contributions and/or deductions made on their behalf as provided for by Article 12.7. Employees who promote, transfer or reduce to any title in this bargaining unit from any title which is not in this bargaining unit shall not be allowed to use any accumulated sick leave credits while they are in such title. If the employee promotes, transfers or reduces to any title which is not in this bargaining unit and if sick leave is allowed under the new titie, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shall be reinstated. 12.7 The EMPLOYER sha11 make contributions 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. 12.8 For employees who have elected to become, as of January 26, 1991, participating employees as defined in Article 12.6 of this Agreement, the Emgloyer will make the Health and Welfare contribution in accordance with item (1) of Appendix "A" of this Agreement. Such coniribution shall be made for hours worked as of December 29, 1990. No other contributions listed in Appendix "D" shall be made for such employees for any hours worked prior to January 26, 1991. Such employees shall not be eligible for City Health and Life insurance after February 28, 1991. 15 q�-��33 ARITCLE 12 - WAGES AND FRINGE BENEFITS (continued} 12.9 Accumulated sick leave credit balances as of January 25, 1991, for employees covered by Article 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may oniy be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Article 12.8 above shall discontinue earning sick leave and vacation and shall not be eligible for City paid holidays as of January 26, 1991. Such employees. shall be paid the base rate of pay as shown in item 2 of Appendix "C" of this Agreement effective January 26, 1991 16 q�- i ��3 ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for the class of positions Electrician--General Foreman and Foreman, shall remain solely with the EMPLOYER. 13.2 'The class of positions Electrician--General Foreman and Foreman shall be filled by employees of the bargaining unit on a"temporary assignment". 13.3 All "temporary assignments" sha11 be made only at the direction of a designated EMPLOYER supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. 17 q�-i�33 ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall appiy to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and tbe benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will contribute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Employer wi11 provide $5,000 of term Iife insurance for each employee. Retiree Health Benefts 14.2 Employees who retire must meet the following conditions in order to be efigible for the Employer contribution for retiree health benefits: 142(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed his/her relationship with the City of Saint Paul under one of ti�e retiree plans, and 14,2(3) Have severed his/her relationship with the City of Saint Paul for reasons other than an inwluntary termmnation or misconduct. Early Retirees (under age 65) 14.3 For those employees who retire before age 65 and are eligible for eazly retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach si`cty-five (65) years of age, the Employer shall continue to make the same contribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Employer will contribute 100% of the premium cost for single coverage. For eariy retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. EE: �� - � � 33 ARTICLE 14 - INSURANCE (�ontinued} The Employer will also continue life insurance benefits for eligble early retirees in the same amount as provided to them as active emplayees. Life insurance benefits terminated at age 65. When such early retiree attains age 65, the provisions of Article 14.4 shall apply. Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(1) For such employees who retire on or before December 31, 1995, the Employer agrees to contribute 100% of the single or dependent premium cost for any health insurance plan offered to regular retirees and their dependents. This Article shall also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retire a£ter December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Bene£�ts 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and EmpIoyer contribution accorded to the eligibie deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 19 q5- I 133 ARTICLE 14 - INSURANCE (Continued) 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain CYry health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Articie 14 shail be paid to the Employer's tbird parly administrator oi designated representative. 20 ��-�133 ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Year's Day, 3anuary 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 I.abor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 Wl�en New Year's Aay, Independence Day or Christmas Aay falls on a Sunday, the following Monday shaA be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The ten (10) holidays shall be considered non-work days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article iQ (CALL BACK). 21 q5-J►33 ARTICLE 15 - HOLIDAYS (Continued) 15.5 Participating employees, as defined in Articles 12.3, 12.4, 12S and 12.6, assigned to work on Marun Luther King Day, President's Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in Articies 12.3, 12.4, 12.5 and 12.6, assigned to work on New Year's Day, Memorial Day, Independence Day, I.abor Day, Thanksgiving Day or Christm�s Day, shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.7 If an employee other than a Participating Empioyee is requ'vred to woik on a designated boliday, he/she shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked. 15.8 Columbus Day and the day before Christmas Day shall be considered work days. AIl employees working on these days shall be compensated on a straight time basis. 22 q�- � �33 ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shall include only the following actions: 162(1) Oral reprimand 16.2(2) Written reprimand 16.2(3} Suspension 162(4) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil 5ervice Commission, or a designated Board of Review, shall be the sole and exciusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). 23 q�-►133 ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility Yo noYify their supervisor of snch absence as soon as possible, but in no event later than the be, 'g�ng 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 notification for three (3) consecutive normal work days may be considered a"quit" by the EMPLOYER on the part of the employee. 24 ��-i�33 ARTICLE 18 - 3ENIORITY 181 Seniority, for the purpoc_es of this AGREElViENT, shall be defined as follows: 18.1(1) "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and ail class titles covered by this AGREEMENT. 181(2) "Class Seniority" - the length of continuaus 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 employee to accept an appointment to the unclassified service of the EMPLOYER or to an elected or appointed full time position with the UNION. 18.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by the BMPLOYER that it is necessary to reduce the work force employees will be laid off by class title within each Depaztment based on inverse length of "Class Senioriry." Recall from layoff shali be inverse order of layoff, except that recall rights shall eapire after two years of layoff. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to tbe approval of the EMPLOYER. 25 q5—►e33 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 assignment of work jurisdicuon by any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, #he unions involved and the EMPLOYER shall meet as soon as mutually possible to resolve the dispuTe. Nothing in the foregoing shall restrict the right of the EMPLOYER to accomplish the cvork as originally assigaed pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 14.4 Any employee refusing to perfonm work assigned by the EMPLOYER and as ciarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Articie 16 (DISCIPLINARY PROCEDURES). 19.5 There shatl be no work stoppage, slow down, or any disrupfion of work resulting from a work assignment. 26 �5— a i33 ARTICLE 20 - SEPARATION AND RETIREMENT 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of tbe resignation. 20.1(2) Retirement. All employees shall retire from employment with the EMPLOXER no later than the last calendar day of the month in which an employee becomes seventy years old. 20.1(3) Dischazge. As provided in Article 16. 201(4) Failure to Report for Duty. A.s provided for in Article 17. 20.2 Employees having an emergency, temporary, or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. 27 r 0'� ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYER shail recognize Stewards selected in accordance with CJNION rules and regulations as the grievance representative of the bazgaining unit. The UNION shall notify the EMPLOYER in writing of the names o£ the Stewards and of their successors when so named. 222 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working 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 employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except £or the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 29 Q5- I l �3 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an aileged violation of this AGREEMENT, the employee involved shall attempt to resolve tbe matter on an informal basis with the employee's supervisor. If tl�e matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on wluch it is based, the aIieged sections(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of Yhe firsY occunence of the event giving rise to the grievance, shall be considered �vaived. Step 2, Within seven (�) calendar days afrer receiving the written grievance a designated EMPLOYER supervisor shall meet with the iJNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UIJION within three (3) calendar days following this meeting. The UNTON may refer the grievance in wriYing to Step 3 within seven (7) calendar days foliowing receipt of the EMPLOYER's written answer. Any grievance not referred in writing by the UIVION witkin seven (7} calendar days following receipt of the EMPLOYER's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EMPLOYER supervisor shall meet with the UNION Business Managez or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the LTNION maq refer the grievance to Step 4. Any grievance not refened to in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. 30 qF-ii�J ARTICLE 22 - GRIEVANCE PROCEDURE (CONTINUED) Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration pzoceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties faii to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the EMPLOYER shall then strike one (i) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. T'he arbitrator shali 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 arbitrator shall 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 arbitrator's decision shall be submitted in writing within thirty (30} days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. �c3�1 q5-it33 ARTICLE 22 - GRIEVANCE PROC�DURE (CONTINUED) 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the EMPLOYER and the LJNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration heazing or asks for a last minute postponement that Ieads to the azbitrators making a charge, the canceling parry or the party asldng for the postponement shall pay this charge. 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 extended by mutual agreement of the EMPLOYER and the UNION. 32 q�-iE�3 ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The EMPLOYER may, 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 UrTION a ninety (90) calendar day notice of the intention to sub-contract. 23.2 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 accardance with Ordinance No. 14013. 33 ��-I133 ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and conditions of this AGREEMENT will be applied to employees equaliy without regard to, or discrimination for or against, any individual because of race, color, creed, se� age, disability or because of inembership or non-membership in the UNION. 24.2 Employees will perform theu duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. 34 q�-�i�� ARTICLE 25 - SEVERABILITY 25.1 In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, admizustrative, or judicial authoriry 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. 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 determination. 35 q��1►33 ARTICLE 26 - WANER 26.1 The EMPLOYER and the UNION acl�owledge that during the meeting and negotiating which 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 exercise of this right aze fully and completely set forth in this AGREBMENT. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this 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 iJNION and EMPLOYER may, however, mutually agree to modify any provision of this AGREEMENT. 26.3 Any and a11 prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent wzth this AGREBMENT, are hereby superseded. 36 ��J I � 33 ARITCLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of C�ty officers and employees for the use of their own automobiles in the performance of their duties, the followina provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department 7-Iead. Type i. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the emgloyee desires to use his jher own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use hisJher own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobiie during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 37 q5� � l 33 ARTICLE 27 - CITY MILEAGE (Continued) This Article 272 shall become effective on the first day of the first month following the date of the signing of this Agreement. 27.3 The City will provide parking at the Civic Center Pazking Ramp for Ciry empioyees on either of the above mentioned types of reimbursement pians who are required to have their personal car available for City business. Such pazldng will be provided only for the days the employee is required to have lus/her own personal car available. 27.4 Rules and Regulations: The Mayor sha11 adopt rules and regulations governing the procedures for automobile reimbursement, which reguiations and rules sfiall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or iiability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and rea laYions, together with the amendment thereto, shall be maintained on file with the city clerk. : q�-� i�� . ARTICLE 28 - MATERNITY LEAVE 281 Maternity I.eave. Materniry is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. 39 q5-r �33 ARTICLE 29 - SEVERANCE PAY 29.1 The employer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay program, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Pubfic Employees Retirement Association (PBRA) or under the provisions of another public pension plan to which the Ciry of St. Paul contributes. The "rule of 90" criteria shall also apply to employees covered by a pubHc pension plan other than PERA. 292(2) The employes must be voluntazIly separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 29.2(3) The employee must have aC least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requirement. 292(4) The employee must file a waiver of reempioyment with the Personnel Director, which wiIl clearly indicate ihat by requesting severauce pay, the employee waives ali claims to reinstatement or reemployment (of any type), with the C�ty or tivith Tndependent School District No. 625. 29.2(5) The employee must have accumulated a minimum of sufty {60) days of sick leave credits at tl�e time of his/her separarion from service. 29.3 If an employee requests severance pay and if the empioyee meets the eligibiLity requirements set forth above, he/she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 29.4 The maximum amount of money that any employee may obtain tfirough the severance pay program is $10,000. �! ������3 _ ARTICLE 29 - SEVERANCE PAY (Continued) 29.5 For the purpose of this severance program, a death of an employee shall be considexed as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 29.6 For the purpose of this severance program, a transfer from the CYty of Saint Paul employment to Independent School District No. fi25 employment is not considered a separation of employment, and such transferee shail not be eligible for the City severance program. 29.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 29.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance I3o. 11490, except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 29.9 The provisions of this article shall be effective as af May 1, 1987. 29.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of this article or City Ozdinance No. 1149Q as amended by City Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this article or the ordinance sha11 constitute a bar to receiving severance pay from the other. 41 q5-� 033 ARTICLE 30 - LEGAL SERVICES 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, employer shall defend save harmless and indemnify employee against tort claim or demand whether groundless ox otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 30.2 Notwithstanding Article 30.1, the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the Plaintiff. 42 �5- i � ��� ARTICLE 31 - DURATION AND PLEDGE 31.1 This agreement shall become effective as of May i, 1994 and shall remain in effect through the 30th day of April, 1997, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 31.2 of this Agreement. 31.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or temunate the AGREEMENT shall give written notice to the other party, nat more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 31.2(1) Notwit2�standing Article 3L2, the Employer and tbe Union agree to reopen Article 12 of this Agreement no later than June 1, 1996. 31.3 In consideration of the tezms and conditions of employment established l�y this AGREEMENT and the recognition that the GRIEVANCB PROCEDURE herein established is the means by which grievances concerning its appiication or interpretation may be peacefuliy resolved, the parties hereby pledge that during the term of the AGREEMENT: 31.3(1) 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 £rom work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 31.3(2) The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. 43 q��i133 ARTICLE 31 - DURATION AND PLEDGE (Continued) 31.3(3) This constitutes a tentative agreement between the parties wluch will be recommended by the City Negotiator, but is subject to the approval of the Administration of the City and is also subject to ratification by the IJNION. AGREED to this 25th day of August, 1995 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the foliowing representative from the EMPL.OYER and the ITNION. WITNESSES: CITY OF SATNT PAUL � Mary arney D'uector of Labor Rel tions INTERNATIONAL BRO'THERHOOD OF ELECTRICAL WORKERS, LOCAL 110 .— Bruce Campbell Business Manager .. ��- ti � 33 APPENDIX A The classes of positions recognized as being exciusively represented by the UNION are as follows: Electrician--General Foreman L.ead Electrician Electrician Lighting Maintenance Worker Apprentice Electrician Senior Electrical Tnspector Electrical Inspector and other classes of positions that may be established by the EMPLOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the UNION. �� ���E ��J APPENDIX B For all normal work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shall apply and govern: 1. All regular electricians employed prior to January 1, 1976 shall be offered assignment to the work week on a seniority basis, and all such employees shall have the right to refuse assignment to the workweek. This refusal is subject to the provisions listed below. 2. All regular electricians employed subsequent to 7anuary 1, 1976 may be assigned to vacancies in this work week. 3. All regular electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within 30 calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid military leave, jury dury or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than 15 work days or the total temporary assignment to exceed 90 work days. : ��+ 6 ���� APPENDIX C i. T'he basic hourly wage rates for temporary employees appointed to the following classes of positions shall be the following: Effective OS-28-94 Electrician I.ead Electrician Electrical Inspector General L,ead Electrician Senior Electrical Inspector $21.95 * $23.87* $23.87* $24.97* $24.97 * Apprentice Electrician lst 950 hours 2nd 950 hours 3rd 950 hours 4th 950 hours Sth 950 hours 6th 950 hours 7th 950 hours 8th 950 hours 48% of Electrician Rate 48% of Electrician Rate 55% of Electrician Rate 60% of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Electrician Rate 85% of Electrician Rate Effective OS-27-95 $23.33 * $25.22* $25.22* $26.36* $26.36' * This rate includes a 10% Vacation Contribution. Note: There is an additional tasable fringe contribution listed in AppendiY D. -Cl- Q5 - I 133 APPENDIX C (Continued) 2. The basic hourly wage rates for provisional, probationary and regulaz employees appointed to the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (Union benefits) shall be the following: Effective OS-28-94 Electrician Lead Electrician Electrical Inspector General I.ead Electrician Settior Electrical Inspector Apprentice Electrician lst 950 hours 2nd 950 hours 3rd 950 hours 4th 950 hours Sth 950 hours 6th 950 hours 7th 950 hours 8th 950 hours $21.01* $22.85 * $22.85 * $23.90* $23.90* 48% of Electrician Rate 48% of Electrician Rate 55% of Electrician Rate 60% of Etectrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Electrician Rate 8S% of Electrician Rate Effective OS-27-95 $22.33` $�.17 $24.17* $25.23* $2523' This rate includes a 10% Vacation Contribution Note: There is an additzonal t�able fringe contribution listed in Appendix D. 3. The basic hourly wage rates for regular employees appointed to the following classes of positions and who are covered by the provisions of Article 12.2 of this Agreement (Ciry benefits) shall be the following: Effective Effective 5-23-94 Electrician I.ead Electrician Electrical Inspector General I.ead Electrician Senior ElectricalInspector $20.60 $22.17 $22.17 $23.06 $23.06 OS-27-95 $22.41 $23.80 $23.80 $24.60 $24.60 -C2- , APPENDIX C (Continued) Apprentice Electrician (Hired prior to March 16, 1974 - 85% of Electrician Rate) q�-���3 4. Tt�e basic hourly rate for those holding the title Traffic Lighting Maintenance Worker, who receive no benefits, shall be: Effective Effective OS-28-94 OS-27-95 $ 7.25 $ 7.50 A new Appendix C and D will be produced following the parties' settlement of the wage and benefit reopener for June of 1996. Employees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m., shall be paid a night differential for the entire shift. Employees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than fi p.m., but who work less than five hours between the hours of 6 p.m. and 6 a.m., shall be paid a night differential foz only those hours actually worked between the hours of 6 p.m. and 6 a.m. The night differential shall be 5% of the base rates, and shall be paid only for those night shifts actually worked. The total cost to the Employer, (including wages, fringes, and pension wntributions) for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between L,ocal 110 and the I�3ational Electrical Contractors Association (NECA). Ti�e total package cost shall exclude any payments for industry promotion and/or advertisement, or any other purpose not directly and clearly beneficial to the public employer. In the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. -C3- �5- � 13� APPENDIX D Effective May 28, 1994, the ED4PLOYER shall: (i) Contribute to a Union designated Health and WelFare Fund $2.31 per hour for all hours worked by participating employees as defined by this Agreement. Effective OS/27/95, this contribution shall be increased to $2.42 per hour. (2) Contribute to a Union designated Pension Fund $.96 per hour for all hours worked by participating empioyees as defined by this Agreement. For apprentices who started working as an apprentice on or after May 1, 1984, this pension contribution shall be $.12 per hour for the first 5700 hours of apprentice work. After 5700 hours, this contribution shall be $.96 per hour. Effective OS/27/95, the $.96 contribution shall be increased to $1.10 per hour. (3) Contribute to a Union designated Apgrenticeship Fund $.14 per hour for all hours worked by participating employees as defined by this Agreement. Effective OS/27/95, this contribution shall be increased to $.16 per hour. (4) Contribute to a Union designated Seniority Fund $.44 per hour for all hours worked by participating employees covered by this Agreement. No seniority fund contribution shall be made for apprentices who started working as an apprentice on or after May i, 1984, until they have worked 5700 hours as an apprentice. Effective OS/27/95, no seniority fund contribution shall be made. (5) Contribute to a Union designated Reserve Trust Fund $.70 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May l, 1984, this reserve trust contribution shall be limited to $.07 per bour for tbe first 5700 hours of apprentice work. After 5700 hours, this contribution for apprentices shall be increased to $.70 per hour. Effective 05/27/95, this $.70 contribution shall be increased to $.71 per hour. (6) Contribute to the Union's designated National Employees Benefit Fund (N.E.B.F.) 3% of the gross wages earned by all participating employees covered by this Agreement. - Dl - q5-I133 APPENDIX D (Continued) (7) Contribute to a Union designated Vaeation and Holiday �nd 10% of ail wages earned by participating employees covered by this Agreement. This contriburion is subject to all payroll deductions. For apprentices who started working as an apprentice on or after May 1, 1984, this regular Vacation and Holiday Fund contribution shall be based on hours worked as an apprendce as shown below: HOURS iST 1900 1901 THRU 3800 3801 THRU 5700 5'701 THRU 7600 5.5% 6.5% 7.5%a 9.5% (8) Contribute to a Union designated Supplemental Pension Fund $1.20 per hour for all hours worked by participating employees covered by tlris Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this Supplemental Pension Fund contribution shall be as follows: ist 3800 hours 3500-6650 hours More than 6650 hours $ .50 $ .55 $1.20 (9) Contribnte to a Union designated Fle�ble Benefit Fund $1.65 per hour for all hours worked by participating employees covered by tlus Agreement. For apprentices who started working as an apprentice on or after May 1, 19$4, this Fle�ble $enefit Fund hourly contribution shail be as follows: HOURS lst 1 00 1901-3800 3801-5700 5701-6650 Over 6650 $ 27 $ .29 $ .31 $ .32 $1.65 (10) Contribute to the Public Employees Retirement Association (PERA) the legally established non-negotiated pension contribution. This contribution shall be 4.48% of gross earnings and shall be adjnsted as required by State Law. (11) Contribute to a Union managed Sick Leave Fand $1.05 per hour. This contribution shali be subject to payroll deduction. Effective 05/27/95, this contribution shall be decreased to $.55 per hour. Any portion of the sick leave contribution not utilized by 06/Ol/96, shall be paid out to employees from tUe fund. -D2- , APPENDIX D (Continued) The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as required hy Minnesota Statutes. q�- � � 33 For the purpose of this Appendix D, "participating employees" shall be as defined as in Articles 12.3, 12.4 and 12.5 of this Agreement. Such employees shall not accumulate vacation, sick leave, holiday, funerat leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. Participating employees shall not be eligible for any benefits under, nor shali they be governed hy such Rules, Oidinances, or Resolutions. The EMPLOYER'S fringe benefit obligation to participating employees covered by this AGREEMENT is limited solely to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the zesponsibility of the trustees of the various funds to which the EMPLOYER has forwarded contributions and/or deductions. If the Union elects to have the contributions listed in this Appendix D increased or decreased, the Employer may adjust the applicable rates in Append'vc C of this Agreement for participating empioyees in such a way that the total cost of the package (wage rate plus contributions) remains constant. -D3- ��-I� �� , APPENDIX E Pocket Tool Punch and Belt 6" Rule 9" or 10" Aluminum L,evel 8" Side Clitters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3 � g �� _ 3 � 4 „ Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: 6f32 - 8/32 - 1Of32 - 1Of24 - 1/4 20 Tap Wrench File Rasp 12" 1/2 Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Fiashligl�t Tester, 600 v. Solenoid Type Combination Square KniPe I.ong Nose Plier Diagonal Ctiitting Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ball Peen Scratch Awl Drilts - in accordance with Tap sizes 9/32 and 3/8 Fuse Puller Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shall furnish all other necessary tools or equipment. Employees will be held responsible for tools or equipment issued to them, providing the EMPLOYER furnishes the necessary lockers, "gang box" or other safe place for storage. The EMPLOYER shall replace with similar tools of equai value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. The EMPLOYER agrees to pay $30.00 toward 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 of one 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 ENSPLOYER contribution shall apply only to those employees who are required by the Employer to wear protective shoes or boots. -EI- q�-�1�� ►.��� WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTTZICAL INSPECTORS As a result of the 1974 settlement, the Parties have established craft-determined rates for Senior Electrical Inspectors and for Electrical Inspectors, with the specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Articie 3- EMPLOI'ER RIGHTS - of the MAINfiENANCE LABOR AGREEMEl`�T, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other 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 Uruon because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. -�'1-