95-1173 CouncilFile# °� S— 1� rl 3
������, i� Green Sheet�i 3 S O R y
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RESOLU � �
TY F S AUL, S �
Presented By -�
Referred To Committee: Date
1 RESOLVED, that the Council of the City of Saint Paul hereby approves
2 and ratifies the attached May, 1995 - April, 1998 Collective Bargaining Agreement
3 between the City of Saint Paul and the Minnesota Statewide District Council of
4 Carpenters.
Yeas Na s Absent
Blake
Grimm Requested by Department of:
Guerin
Harris O�ce of Labor Relations
Me ard
Rettman gy;
T6une
Fo Ap oved by City Attorney
Adopted by Council: Date�"�� �� \��,5
—T— By: .
Adoption Certified by Council Secretary
gy; ' by Mayor f Submission to Council
.
Approv d Mayor: Dat O BY�
By:
a . `I S — l l *13
� '" N_ 35084
GREEN SHEE _ _ .
LABOR RELATIONS -2 - --
� (� new►►+rMeNr oi�iECroR �� � c�rr oouwc�� �DArE
�RY � KEARNEY 266 �F � � � CITYATTORNEY ♦�' '2t � CITYCLERK
( �py�p � BUDOET DIRECTOR � FlN. 8 MK#T. SERV�E8 DIR.
(� AAIIMOR (OR A8818TANT) �
_�
TOTAL #t OF SIGNATWIE AROES ., 1 (CUP ALL LCCATlONS FOR SIiiNATUR�
�criow n�euesrEO:
This resolution approves the attached May, 1995 -:April, 1998 Agreement between the City of
Saint Paul and the Minnesota Statewide District Council of Carpenters.
RECOAAMENDATION8: Appiow (Al a A�Ct (R) P8RSEINAL SERVICE CQNTRACTS MUST ANtWl11 THE FO�tA1NlNQ tiUEdT10N=:
_��wr+�a cO�iaS�oH _ civn. SERV�CE � 1. Has mIs psreonnxm svsr worked unasr a oonaaae ta aas dep�ranene4 -
_ CIB COMMAITTEE _ YE3 NO
_ 8TAFF _ 2. Has Mis psroon/flrm ever bs�n a dly �mploy�s9
YES NO
_ o�sTRw'T c�u�n' _ 3, D�e tnis psnonn�rm posessa s sidu na nortndyr po�ed by any currsrd aty enployss?
suPPORTS wH�H CUtNiCIL oBJECTIVE4 ' YE3 NO
Hxplain all ye� answe►s on �ne+�e �hNt «1d athoh to �rwn sh�st
INRNmNO PROBIgM. �SUE. OrPORTUNRY (YVIn. w1Md. wh�n. VYhsn� 1NMG •
8ee Attached.
� ��r�oveo: •
An Agreement in place through April, 1998.
Tt�ere will be e wage and benefit reopener for the third year.
o��►ovrwr�oES � �PrnouEO:
. Ci01#1C� �95��'! �
xone. SEP 2 7 1995
�
D18ADVANTAOEB IF NOT APPRO'VED:
No settlement reached and possible strike.
First Year: $27,195 "
TOTAL AMOUNT OF TRAq�CT10N • COST/REVENUE BUD�iETED (CIRCLE ONE) YE8 NO
FUNDIFI�i SOURCE ACTIYITV IIUWER
FMIANCIAL INFORMA710N: (�)cP1.I�M�1)
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ATTACHMENT TO GREEN SHEET
CARPENTERS
This three year agreement between the City of Saint Paul and the Minnesota Statewide
District Council of Carpenters will be effective from May, 1995 through April, 1998.
There will be a wage and benefit reopener in May of 1997 to determine wages and
benefits for the final year.
The agreement calls for a wage and benefit increase totaling $27,195 in May of 1995,
and an additional increase of $30,320 in May of 1996.
Of the twelve members of this unit, only two are still on City bene�its, as opposed to
Union provided benefits. Only these two employees are eligible to receive a City
contribution toward retiree health insurance. This agreement places a cap of $550 per
month on the City's contribution toward regulaz reliree insurance for employees who
- retire after 12/31/95.
• UNIFORM SETTLEMENT FORM PUBLIC EMPLOYER: Clty Of Saint PStll EXCLUSIVE REPRESENTATIVE:C011I1C11 Of Carpenters UNIT:
. .• Base Year F � rst Year of Contract 2nd Year Base SeCO n U Year of Coniract (if applicable) 3rd Ycar Base Th i rd Year of Conlrecl if a licablc
�ates ��5�94-4/95pates z) 5/95 — 4/96 �aces s) 5/96 — 4/97 oates a)
Base Wage 5) $536 � 248 New f by Wage Sch dule Base Wage 20)� New s by Wage Schedule ease Wage 51) New S by Wage Schedule
Improvement 14) 16 536 Improvement 37h�27 Improvemenl GO)
New f by Wage Schedule New S by Wage Schedule New S by Wage Schedule
, Movement 15) � Movement 38) Movement 61)
� Base Social Security New S Socia) Security Base Social Security New S Social Securily Dase Social Security New S Social Securi�y
Contribution SA >$41,02 � Contribution 15A)�.�. Contribution 28A 42 288 Contribulion 3fiA)�2 Conlribution S1A) Contribution 61A)
{3ase State or New S State or Base State or New S State or Dase State or New E SWte or
Local Retirement Local Retirement Local Retirement Local Retirement Local Retirement Local Relirement
Contribution 58 24 024 Contribution 158) � 74 � Coniribution 20D) 24 � 38D)� 1� 211 Contribution 51[i) Contribution 61U)
Base Medical New S for Medical Base Medical New f(or Medical Dase Medical New S for Medicai
insurance 6) Insurance 16) Insurance 29) Insurance 39) insurance 52) Insurance 62)
Base Dental � New S for Dental Base Dental New S for Dental Base Dental New S for Dental
Insurence 7) Insurence 17) Insurance 30) Insurance 40) Insurance 53) Insurance 63)
Base Life � New s for Life Base Li(e New S�or Life Base Life New S(or Life
Insurance 8) . Insurance 18) Insurance 31) Insurance 41) Insurance 54) Insurance 64) '
Dase Shi(t •. New S for ShiQ Base ShiR New S for SIiiR Base Shilt New S for Shi(t
Differential 9)' Differential 19) Differential 32) Differential 42) Differenlial 55) Differential GS)
Base Extra- , New j for Extra- Base Extra-' New S for Extra- Dase Extra- • New S for Extra-
Curricular' 10) Curricular 20) Curricular• 33) Curricular 43) Curricular• 56) Curricular 6G)
Dase Deferred New f for Deferred Base Deferred New S(or De(erred Dase De(erred New S(or De(erred
Compensation I1) Compensation 21) Compensation 34) Compensation 44) Compensation 57) Compensation 67)
Dase Other New S for Other Base Other New j for Other Base Otlier New f for Other
Forms o( Forms of forms of Forms of Forms o( Forms o(
Compensation 12� 1 fi 1 1 5 R Compensation 22)��.. h 5"� Compensation 35) 169 811 Compensation 45) ,�_ Compensation 58) Compensalion 60)
Total New j Change Total New; Change ToWI New S Change
Gom Baseline 23)�2 �+ 195 from Baseline q6) � 3O � 32� . (rom Qaseline 69)
°/a Chan6e % ClianSe � Change
from Baseline 24) - 3. 6 "/ (rom Daseline 47) 3• 8 % from Daseline 70) /
Uase Year Total First Year Dase Year Total Second Year liase Year Tolal Third Year
Total uaseline t3> .$7Fi� � 45� s Settiement 25)$ 789 .648 Total easeline 36) 789 648 s Settlement 48?� 968 Totai f3aseline 59) 1 Set�lement 71)
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Lump Sum Payment 26 ' Lump Sum Payment 49 lum Sum Pa m
•Applies lo p y snt 72
education °k Increase over 9'o Increase over qo Increace ourr
unils only. Baseline 27) �o Baseline 50) % gKe�i� 73� _� g��
S t i� nn � . .
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� INDEX
ARTICLE TITLE PAGE
Preamble ......................................................ii
1 Purpose .......................................................1
2 Recognition ....................................................2
3 Employer Rights ................................................3
4 Union Rights ...................................................4
5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
7 Hoursof Work ..................................................7
8 Overtime ......................................................8
9 Call BacK/CallIn ...............................................9
10 Work Location .................................................10
11 Wages ....................................................... il
12 Fringe Bene�its .................................................12
13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . . . . . . . . . 13
14 Insurance ..................................................... 14
15 Holidays ......................................................17
16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
17 Absences From Work . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
18 Seniority ......................................................20
19 Jurisdiction ....................................................21
20 Separation ....................................................22
21 Tools ........................................................23
22 Grievance Procedure ............................................24
23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 �
24 Nondiscrimination ..............................................27
'25 Severability ....................................................28
26 Waiver .......................................................29
27 City Mileage Plan ...............................................30
28 Severance Pay .................................................31
29 Uniform Allowance .............................................33
30 Duration and Pledge ............................................34
APPendix .................................................. A1
�°�PPendix B .................................................. B1
Appendix .................................................. C1
APPendix .................................................. D1
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PREAMBLE
This Agreement is entered into between the City of Saint Paul, hereinafter
referred to as the Employer and the United Brotherhood of Carpenters and Joiners of
America, Twin City Carpenters District Council, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the respons�ilities of the City of Saint Paul for the benefit of the general
public through effective labor-management 000peration.
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 of
responsibility. Constructive attitudes of the City, the Union, and the individual
employees will best serve the needs of the general public. �
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� ARTICLE 1 - PURPOSE
1.1 The 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 well-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 Employer and the Union;
1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice,
agree to negotiate that part in oonflict so that it �nforms to the statute as provided by
Article 25 (Severability).
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ARTICLE 2 - RECOGr1ITION
2.1 The Employer recognizes the Union as the acclusive representative for collective
bargaining purposes for all personnel having an employment status of regular,
probationary, provisional, and temporary employed in the c,lasses of positions defined in
Appendix A as certified by the Bureau of Mediation Services in accordance with Case
No. 73-PR-478-A dated April 16, 1973.
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� 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 �ersonnel; and to perform any inherent
managerial function not specifically limited by this Agreement.
3.2 Any "term or condition of employment" not established by this Agreement shall remain
with the Employer to eliminate, modify, or establish following written notification to the
Union.
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ARTICLE 4 - UIVION RIGHTS
4.1 The Employer shall deduct from the wages of employees who authorize such a deduction
in writing an amount necessary to cover monthly 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 this
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 of the implementation
of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward
and shall inform the Employer in writing of such designation. Such employee shall have
the right and responsibilities as designated in Article 21 (Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the �
Union, or his designated representative shall be permitted to enter the facilities of the
Employer where employees oovered by this Agreement are working.
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, ARTICLE 5- SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the "terms and oonditions of employment" 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 employment" established by
Civil Service Rule, Council Ordinance, and Council Resolution.
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ARTICLE 6 - PROBATIONARY PERIODS
6.1 All personnel, originally hired or rehired following separation, in a regular employment
status shall serve a svt (6) month probationary period during which time the employee's
fitness and ability to perform the position's duties and responsbilities shall be evaluated.
6.1(1) At any time during the probationary period an employee may be terminated at the
discretion of the Employer without appeal to the provisions of Article 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 shall be sent to the
Union.
6.2 All personnel promoted to a higher class shall serve a six (6) month promotional
probationary period during which time the employee's �itness and ability to perform the
position's duties and responsbilities shall be evaluated.
6.2(1) At any time during the promotional probationary period an employee may be
demoted to the employee's previously held class at the discretion of the Employer
without appeal to the provisions of Article 22 (Grievance 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
of the reasons for demotion, a copy of which shall be sent to the Union.
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' ARTICLE 7- HOURS OF WORK
7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30)
minute lunch period, between 7:00 a.m. and 5:30 p.m.
7.2 The normal work week shall be five (5) consecutive normal work days Monday through
Friday.
7.3 If, during the term of this Agreement, it is neoessary in the Employer's judgment to
establish second and third shifts or a work week of other than Monday through Friday,
the Union agrees to enter into negotiations inunediately to establish the conditions of
such shifts and/or work weeks.
7.4 This section shall not be construed as, and is not a guarantee o� any hours of work per
normal work day or per normal work week.
7.5 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 until the end .
of the established work day unless otherwise directed by their supervisor.
7.6 All employees are subject to call back by the Employer as provided by Article 9(Call
Back/Call In).
7.7 Employees reporting for work at the established starting time and for whom no work is
available shall receive pay for two (2) hours, at the basic hourly rate, unless notification
has been given not to report for work prior to leaving home, or during the previous work
day.
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ARTICLE 8 - OVERTIME �
8.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. No overtime work claim w�l 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.
8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work
performed under the following circumstances:
8.2(1) Time worked in excess of eight (8) hours in any one normal work day and
8.2(2) Time worked in excess of forty (40) hours in any seven (7) day period.
8.3 For the purposes of calculating overtime compensation overtime hours worked shall note
"pyramided", compounded, or paid twice for the same hours worked.
. 8.4 Overtime hours worked as provided by this Article shall be paid in cash or in
compensatory time. The method of payment shall be determined solely by the
Employer.
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� ARTICLE 9- CALL BACK/CALL IN
9.1 The Employer retains the right to call in or call back employees before an employee has
started a normal work day or normal work week and after an employee has completed a
normal work day or normal work week.
9.2 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 8
(Overtime), when applicable, whichever is greater.
9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to
their normal work day shall complete the normal work day and be compensated
only or overtime hours worked in accordance with Article 8(Overtime).
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ARTICLE 10 - WORK LOCATION �
10.1 Employees shall report to work locations as assigned by a designated Employer
supervisor. During the normal work day employees may be assigned to other work
locations at the direction of the Employer.
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_ ARTICLE 11 - WAGES
11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours
worked by an employee. No retroactive payment shall be made to any employee who
has terminated his/her employment prior to signing of the new Agceement.
� 11.2 Employees who are covered by the fringe bene�its listed below shall continue to be
covered by such bene�its. They shall be subject to all other provisions of the Agreement,
but shall not have hourly fringe bene�t contnbutions and/or deductions made on their
behalf as provided for by Article 12 (Fringe Benefits).
11.2(1) Insurance benefits as established by Article 14
11.2(2) Sick Leave as established by Resolution No. 3250, Section 20.
11.2(3) Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H.
11.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision I.
11.2(5) Severance benefits as established by Ordinance No. 11490 with a
maximum payment of S4,000 or as established by Article 28 in this
Agreement.
11.3 Regular employees not covered by the fringe benefits listed in Article 11.2 above shall be
considered, for the purposes of this Agreement, "participating employees" and shall be
compensated in accordance with Article 11.1 (Wages) and have fringe benefit
� contributions and/or deductions made on their behalf as provided for by Article 12
(Fringe Benefits).
11.4 Provisional and temporary employees shall be considered, for the purposes of this
Agreement, "participating employees" and shall be compensated in accordance with
. Article 11.1 (Wages) and have fringe bene�t contnbutions and/or deductions made in
their behalf as provided for by Article 12 (Fringe Benefits).
11.5 All regular employees employed after February 15, 1974, shall be considered, for the
purpose of this Agreement, "participating employees" and shall be compensated in
acxordance with Article il.l (Wages) and have fringe benefit contn'butions and/or
deductions made on their behalf as provided for by Article 12 (Fringe Benefits).
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ARTICLE 12 - FRINGE BENEFITS �
12.1 The Employer shall make contn'butions on behalf of and/or make deductions from the
wages of employees covered by this Agreement in aocordance with Appendix D for all
hours worked.
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� ARTICLE 13 - SELECTION OF FOREMAN AND GENERAL FOREMAN
13.1 The selection of personnel for the class of Carpenter Foreman shall remain solely with
the Employer.
13.2 The class of Carpenter Foreman shall be filled by employees of the bargaining unit on a
"temporary assignment."
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ARTICLE 14 - INSURANCE �
Active Employees
14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in
Article 11.2 (City benefits).
The insurance plans, premiums for coverages, and bene�its contained in the
insurance plans offered by the Employer shall be solely controlled by the
contracts negotiated by the Employer and the benefit providers. However, the
employees selecting the offered plans agree to accept any changes in bene�its
which a specific provider implements.
For employees who select single coverage, the Employer will contn'bute 100% of
the cost of the single premium. For employees who select dependent coverage,
the Employer will contribute SO% of the cost of the dependent premium.
� The Employer will provide $5,000 of term life insurance for each employee.
Retiree Health Benefits
14.2 Employees who retire must meet the following conditions in order to be eligible for the
Employer contnbution for retiree health benefits:
14.2(1) Be receiving bene�ts 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 the retiree plans, and
14.2(3) Have severed his/her relationship with the City of Saint Paul for reasons
other than an involuntary termination for misconduct.
Early Retirees (under age 65)
14.3 For those employees who retire before age 65 and are eligible for early retiree benefits
under the terms set forth in Article 14.2 above and until such retirees reach sixty-�ive
(65) years of age, the Employer shall continue to make the same contribution for early
retiree bene�its as those for active employees. For early retirees selecting single
coverage, the Employer will contrbute 100% of the premium cost for single coverage.
For early retirees selecting dependent coverage, the Employer w�l oontnbute 50% of the
premium cost for dependent coverage.
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ARTICLE 14 - INSURANCE (Continued)
The Employer will also continue life insurance benefits for eligi'ble early retirees in the
same amount as provided to them as active employees. 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 contn'bute 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 after December 31, 1995, the Employer
agrees to contribute a maximum of 5550.00 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 contn'bution 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 Benefits
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 cunent
hospitalization and medical benefits which said dependents previously had, at the
premium and Employer contribution accorded to the eligible 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.
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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 City health insurance for the first ninety (90)
days of said employment.
14.6 The contnbutions indicated in Article 14 shall be paid to the Employer's third party
administrator or designated representative.
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� ARTICLE 15 - HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day, January 1
Martin Luther King Day, third Monday in January (effe�ctive 1986)
Presidents' Day, third Monday in February
Memorial Day, last Monday in May
Independence Day, July 4
Labor Day, first Monday in September
Veterans' Day, November ll
Thanksgiving Day, fourth Thursday in November
� Day After Thanksgiving, fourth Friday in November
Christmas Day, December 25 •
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these three
(3) holidays falls on a Saturday, the preceding Friday shall be considered the designated
holiday.
15.3 The ten (10) holidays shall be considered non-work days.
15.4 If in the judgment of the Employer personnel are neoessary for operating or emergency
reasons, employees may be scheduled or "called back," or "called in," in aocordance with
Article 9 (Call Back/Call In).
15.5 Participating employees, as defined in Articles 11.3, 11.4 and 11.5, assigned to work on
Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans' Day
shall be compensated on a straight time basis for such hours worked.
15.6 Participating employees assigned to work on New Year's Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours worked.
. 15.7 If an employee other than a Participating employee entided to a holiday is required to
work on Martin Luther King Day, Presidents' Day, Day After Thanksgiving, or Veterans'
Day, he/she shall be granted another day off with pay in lieu thereof as soon thereafter
as the convenience of the department permits, or he/she shall be paid on a straight time
basis for such hours worked, in addition to his regular holiday pay. If an employee other
than a participating employee entifled to a holiday is required to work on New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas
Day, he/she shall be recompensed for work done on this day by being ganted
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 his/her regular holiday pay.
Eligi'bility for holiday pay shall be determined in accordance with Se�ction I, Subsection I
of the Saint Paul Salary Plan and Rates of Compensation.
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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:
16.2(1) Oral reprimand
16.2(2) Written reprimand
16.2(3) Suspension ,
16.2(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 Service Commission, or a designated Board of Review, shall be the
sole and exclusive 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).
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' ARTICLE 17 - ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal work day have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of each work day.
17.2 Failure to make such notification may be grounds for discipline as provided in Article 15
(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.
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ARTICLE 18 - SEIVIORITY �
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
18.1(1) "Master Seniority" - the length of continuous regular and probationary
seivice with the Employer from the last date of employment in any and
all class titles covered by this Agreement.
18.1(2) "Class Seniority" - the length of continuous regular and probationary
service with the Employer from the date an employee was first appointed
to a class title covered by this Agreement.
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
unclass'if'ied 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 Employer that it is necessary to reduce the work
force, employees will be laid off by class title within each Department based on inverse
length of "Class Seniority".
18.5 The selection of vacation periods shall be made by class tide based on length of "Class
Seniority", subject to the approval of the Employer.
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� ARTICLE 19 - JURISDICTION
19.1 Disputes croncerning 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 jurisdiction by any mutual
agreements between the unions involved.
19.3 In the event of a dispute concerning the performance or assignment of work, the 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 work
as originally assigned pending resolution of the dispute, or to restrict the Employer's
_ basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as clarified by
Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article
16 (Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a
work assignment.
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ARTICLE 20 - SEPARATION �
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following actions:
20.1(1) Reslgnation
Employees resigning from employment shall give written notice fourteen
(14) calendar days prior to the effective date of the resignation.
20.1(2) Dlscharge
As provided in Article 16.
20.1(3) Failure to Report for Duty
As provided in Article 17.
20.2 Employees having a temporary or provisional employment status may be terminated at
the discretion of the Employer before the completion of a normal work day.
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� ARTICLE 21 - TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
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ARTICLE 22 - GRIEVANCE PROCEDURE
22.1 The Employer shall recognize the Steward selected in accordance with Union .rules and
regulations as the grievance representative of the bargaining unit. The Union shall
notify the Employer in writing of the name of the Steward and of their suocessor when
so named.
22.2 It is recognized and acxepted 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 for the appeal of disciplinary action as provided by 16.3, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 1 Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the •
employee's supervisor. If the matter is not resolved to the employee's satisfaction
by the informal discussion it may be reduced to writing and referred to Step 2 by
the Union. The wtitten grievance shall set forth the nature of the grievance, the
facts on which it is based, the alleged section(s) of the Agreement violated, and
the relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first occurrence of the
event giving rise to the grievance or within the use of reasonable diligence
should have had knowledge of the first occurrence of the event giving rise to the
grievance, shall be considered waived.
Step 2 Within seven (7) calendar days after receiving the written grievance a designated
Employer supervisor shall meet with the Union 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 Union within three (3) calendar days
following this meeting. The Union may refer the grievance in writing to Step 3
within seven (7) calendar days following receipt of the Employer's written answer.
Any grievance not referred in writing by the Union within seven (7) calendaz
days following receipt of the Employer's answer shall be c�nsidered waived.
•24-
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� ARTICLE 22 - GRIEVANCE PROCEDURE (continued)
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
Manager or his/her 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 c:oncerning the grievance. If
as a result of the written response the grievance remains unresolved, the Union
may refer the grievance to Step 4. Any grievance not referred 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.
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 proceedings 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 fail to mutually agree upon an arbitrator within the said
seven (7) day period, either party may request the Public Employment Relation
Board to submit a panel of �ve (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 (1) 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. The arbitrator shall consider and decide only the
spec'if'ic 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 of 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 eapress terms of this Agceement and
to the facts of the grievance presented. The decision of the arbitrator shall be final and
binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator'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.
22.7 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
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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 Union a ninety (90) calendar day notice of the intention to
subcontract.
23.2 The subcontracting 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 14013.
•26-
. ���1��3
' ARTICLE 24 - NONDISCRIMINATION
24.1 The terms and conditions of this Agreement will be applied to employees equally without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age, or because of inembership or non-membership in the Union.
24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner
as such duties and responsi'bilities involve other employees and the general public.
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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, 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.
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.
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• ARTICLE 26 - WAIVER
26.1 The Employer and the Union acknowledge 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 are
fully and completely set forth in this Agreement.
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 Union and Employer may, however, mutually agree to modify any
provision of this Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
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ARTICLE 27 - CITY MILEAGE PLAN
27.1 AutomobUe Reimbursement Autdorized: Pursuant to Chapter 33 of the Saint Paul
Legislative Code, as amended, pertaining to reimbursement of City officers and
employees for the use of their own automobiles in the performance of their duties, the
following provisions are adopted.
27.2 Method of Computation: To be eligi'ble for such reimbursement, all officers and
employees must receive written authorization from the Department Head.
1�+pe 1 If an employee is required to use his/her own automobile OCCASIONALLY
during employment the employee shall be reimbursed at the rate of 54.00 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 employee desires to use
his/her own automobile, then the employee shall be reimbursed at the rate of
5.20 per mile driven and shall not be eligible for any per diem.
�pe 2 If an employee is required to use his/her own automobile REGULARLY during
employment, the employee shall be reimbursed at the rate of 54.00 per day for
each day of work. In addition, the employee shall be reimbursed 5.20 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 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.
27.3 The City will provide parking at the Civic Center Parking Ramp 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 parking will be provided only for the
days the employee is required to have his or her own personal car available.
27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the
procedures for automobile reimbursement, which r�gvlations and rules shall 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 S 100,000/5300,000 for personal injury, and 525,000 for property damage, or
liability insurance in amounts not less than 5300,000 single limit coverage, with the City
of Saint Paul named as an additional insured. These rules and regulations, together with
the amendment thereto, shall be maintained on file with the City Clerk.
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ARTICLE 28 - SEVERANCE PAY
28.1 The Employer shall provide a severance pay program as set forth in this Article.
28.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
28.2(1) The employee must be 58 years of age or older or must be eligible for
pension under the "rule of 85" or the "rule of 90" provisions of the Public
Employees Retirement Association (PERA). The "rule of 85" or the "rule
of 90" criteria shall also apply to employees covered by a public pension
plan other than PERA.
28.2(2) The employee must be voluntarily separated from City employment or
have been subject to separation by lay-off 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.
28.2(3) The employee must have at 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. �
28.2(4) The employee must file a waiver of reemployment with the Director of
Personnel, which will clearly indicate that by requesting severance pay, the .
employee waives all claims to reinstatement or reemployment (of any
type), with the City or with Independent School District No. 625.
28.2(S) The employee must have acxumulated a minimum of eighty (80) days of
sick leave credits at the time'of his separation from service.
28.3 If an employee requests severance pay and if the employee meets the eligibility
requirements set forth above, he or 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 510,000.
28.4 For the purpose of this severance program, a death of an employee shall be considered
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.
28.5 For the purpose of this severance program, a transfer from the City of Saint Pau1
employment to Independent School District No. 625 employment is not considered a
separation of employment, and such transferee shall not be eligible for the Ciry
severance program.
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ARTICLE 28 - SEVERANCE PAY (Continued) . �
28.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of City Ordinance No. 11490.
28.7 This severance pay program shall be subject to and govemed by the provisions of City
Ordinance No. 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.
28.8 The provisions of this Article shall be effective as of May 1, 1984.
28.9 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the
qualifications of this article or City Ordinance No. 11490, 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 shall
constitute a bar to receiving severance pay from the other.
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� ARTICLE 29 - U1vIFORM ALLOWANCE
29.1 A uniform allowance base of three hundred and fifty-five dollars (5355.00) as a clothing
allowance on a voucher system is established for 1986 for all inspectional employees of
the Fire Prevention Division of the Saint Paul Department of Fire and Safety Services
covered by this Agreement. Items covered by this clothing allowance shall be defined by
the Employer.
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ARTICLE 30 - DURATION AND PLEDGE
30.1 This Agreement shall become effective as of the date of signing, except as specifically
provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day
of April, 1998, and continue in effect from year to year thereafter unless notice to
change or to terminate is given in the manner provided in 30.2.
30.1(1) Notwithstanding Article 30.1, the Employer and the Union agree to
reopen Articles 11 and 12 of this Agreement no later than May 1, 1997.
30.2 If either party desires to terminate or modify this Agreement, effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shall give written
notice to the other party, not more than ninety (90) or less than sixty (60) calendar days
prior to the expiration date, provided, that the Agreement may only be so terminated or
modi�ed effective as of the expuation date.
30.3 In consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances concerning its application or interpretation may be peacefully
resolved, the parties hereby pledge that during the term of the Agreement:
30.3(1) The Union and the employees will not engage in, instigate, or condone
any concerted action in which employees fail to report for duty, will fully
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 employment.
30.3(2) The Employer will not engage in, instigate, or condone any lock-out of
employees.
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� ARTICLE 30 - DURATION AND PLEDGE (continued)
30.3(3) This constitutes a tentative agreement between the parties which will be
recommended by the City Negotiator, but is subject to the approval of the
Administration of the City, and is also subject to ratification by the
� Union.
Agreed to this th day of September, 1995, and attested to as the full and oomplete
understanding of the parties for the period of time herein specified by the sigciature of
the following representative for the Employer and the Union:
WITNESSES
N�NNESOTA STATEWIDE DISTRICT
CITY OF SAINT PAUL COUNCIL OF CARPE RS
<
L�'��� .
Ma . Cearney Vergel Wasson
City Labor Negotiator Business Manager
•35-
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• APPENDIX A
The classes of positions recognized by the Employer as being pcclusively represented by
the Union are as follows:
Carpenter
Carpenter-Foreman
Building Inspector
Senior Building Inspector
and other classes which may be established by the Employer where both parties agree
that the newly established classes should be represented by the Union.
In the event that the parties cannot agree, the issue shall be determined by the State
Bureau of Mediation Services.
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APPENDIX B
All necessary hand tools.
- B1
� a5 - � � �� �
APPENDIX C
1. The basic hourly wage rate for temporary employees appointed to the following class of
positions shall be:
Effective Effective Effective
04-29-95 04-27-96 04-26-97
Carpenter 520.92* S * S `
Carpenter Foreman $22.07* S * S *
Building Inspector
lst Step 520.92* S * S '
2nd Step 522.07* $ * � "
3rd Step $24.57* $ * S *
Senior Building Inspector $26.35• a '� $ *
2. The basic hourly wage rate for regular employees appointed to the following class of
positions who are receiving the fringe bene�its listed in Article 12 shall be: .
Effective Effective Effective
04-29•95 04-27-96 04-26-97
Carpenter �20.02* $ * S "
Carpenter Foreman �21.12" $ * S *
Building Inspector
lst Step S20.02* $ * S *
2nd Step 521.12* S * S *
3rd Step 523.52* S * S *
Senior Building Inspector 525.22* S * S *
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APPENDIX C (continued)
3. The basic hourly wage rate for provisional, regular and probationary employees
appointed to the following classes of positions and NOT receiving the Fringe Benefits
listed in Article 12 shall be:
Effective Effective Effective
4-29-95 04-27-96 04-26-97
Carpenter S 19.65
- Carpenter Foreman 520.61
Building Inspector
lst Step S19.65
2nd Step 520.61
3rd Step 522.66
Senior Building Inspector 524.14
*This rate includes the taxable vacation contribution of $1.11.
Effective 427-96, there will be an additional $1.00 per hour added to the total package.
The parties will agree prior to that date as to the distribution of the increase between
the wages and fringes.
All Building Inspectors shall be paid the appropriate step in accordance with Section I
(one), Subsection 7 of the St. Paul Salary Plan and Rates of Compensation.
If the Union elects to have the contnbutions listed in Appendix D increased or
decreased, the Employer may adjust the above applicable rates for participating
employees in such a way that the total cost of the package (wage rate plus contnbution)
remains constant.
- 'C2 -
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' APPENDIX D
Effective April 29, 1995, the Employer shall:
(1) contnbute to a Union designated Healt6 and Welfare Ftind 52.08 per hour for all hours
worked by "participating employees," as defined in Articles 113, 11.4 and 11.5, of this
Agreement.
(2) contn'bute to a Pension �nd 53.25 per hour for all hours worked by "participating
employees."
(3) contnbute to a Vacation �nd $1.11 per hour for all hours worked by "participating
employees." A payroll deduction in this amount shall be made from the hourly rates
listed in Appendix C.
(4) contribute to a Union designated Dental �nd 5.22 per hour for all hours worked by
"participating employees." - - -
(5) contribute to an Apprenticeship Tratning �nd 5.14 per hour for all hours worked by
"participating employees."
(6) contribute an additional taxable contn'bution of S.59 per hour for all hours worked by
"participating employees" to a union managed Sick Leave �d. Effective Apri127, 1996,
this contribution shall be eliminated.
All contributions made in accordance with this Appendix shall be forwarded to depositories as
directed by the Union.
The Employer shall establish Worker's Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
- D1