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Council Fffe # G � eZ$g
Green Sheet # 3 S� g3
MINNESOTA f�
Presented
Refened To
Committee Date
1 RESOLVED, that the Council of the City of Saint Paui hereby approves and ratifies the attached
2 1995-1997 Agreement between the Independent School District No. 625 and the Twin City Glaziersss,
3 Architectural Metals and Glass Workers, Local 1324.
Requested by Deparnnent of.
Office of Labor Relations
By: _�!�'f F�-�-�'�
Form Ap oved b i Attorney�
By:
Approved by Mayor for Submission to Council
By�" " °�' <!��.�'�>
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Adopted by Council: Date ���_ `�_ �q� �
Adoption Certified by Council Secretary
DEPARTMENT/OFFTCE/COUNCfI.: DATE INCI7ATED GREEN SHEET NO.: 3�783 ��+�� �
LABOR RELATIONS 03-12-96
CONTACI PERSON & PHONE: p " INn7nlJne'rE INITTALDA7E
MARY H. KEARNEY 266-6495 � ��.�. Dm. a crrr covxcu.
NUMBER 2 CITY ATTORNEY C1TY CLERK
MUST BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf DIR FAI. & MGT. SFRVICE DII2.
ROVCING 3�bfAYOR(ORASST.)
ORDEit
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ,
acnoxx�uESrEn: Tlu���;�n approves the attached 1995-1997 Agreement between the Independent School
District No. 625 and the Twin ity Glaziers, Architectural Metals and Glass Workers L,ocal 1324 .
MAR 14 1996�
s�AYC' ��F4CE
RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACLS MUST APiSWER TfIE FOLLOWING
QUESTIONS:
_PLANNAIG COMIvIISSION _CIVIL SERVICE COMbIISSION 7. Has this person/firto ever worked under a contrac[ for this department?
_CIB COD'IIvIl'ITEE Yes No
_STAFF 2. Has this persodfum ever bern a city empioyce?
_DISIRICT COURT Yes No
SUPPORTS WHiCH COi7NCIL OBJECIIVE? 3. Dces this person/fiIm possess a ski17 not nolmatly possessed by any cu�rent city
employee? Yes No
Explain all yw answers on seQarate sheet aud attach tu green sheet
INiTL47'ING PROBLEM, ISSUE, OPPORTUNITY (Who, W hay When, Where, Why):
See Attached. This Agreement pertains to Boazd of Education employees only.
ADVAN'CAGES IF APPROVED:
DLSADVANTAGESIFAPPROVED: ��i�i� {r�-. '��
�� � n� ���� �IAR � 4 1996
�� R"� ���� �����Y
DLSADVANTAGES IF NOT APPROVED:
TOTAL AMOi1NT OF TRANSACTION: S COST/REVENUE BiJDGETED:
FUNDING SOORCE: ACTMTY NUMBER:
FINANCtAI, INFORMATION: (EXPI,AIl�
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INDEPENDENT SCHOOL DISTRICT NO. 625 9( o . ag8'
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: November 21, 1995
TOPIC: Approval of employment agreement with Twin City Glaziers, Architectural
Metals and Glass Workers Local 1324
A. PERTINENT FACTS:
1. New Agreement is for the two-year period June 1, 1995 through May 31, 1997.
2. The language provisions of the previous contract remain essentialty unchanged, except for
necessary changes to dates and outdated references.
3. The District has four regular FTE in this bargaining unit.
4. Wage and benefits changes refiect prevailing wage for the industry.
This request is submitted by Richard Kreyer, NegotiationslLabor Relations Assistant
Manager; Phyliis E. Byers, Negotiations/Labor Relations Manager; and Wiliiam A. Larson,
Assistant Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
AgreemenY concerning the terms and conditions of empioyment of those employees in this
schoof district for whom Twin City Glaziers, Architecturai Metals and Glass Workers Local 1324 is
exclusive representative; duration of said Agreement is for the period of June 1, 1995 through
May 31, 1997.
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INDEX
ARTICLE TITLE
PAGE
Preamble......................................................................................... v
1. Purpose ........................................................................................... 1
2. Recognition ...................................................................................... 1
3 . Employer Rights .............................................................................. 1
4. Union Rights .................................................................................... 2
5. Scope of the Agreement .................................................................... 2
6. Probationary Periods ...................................................................... 3
7. Philosophy of Employment and Compensation ................................ 3
8. Hours of Work ................................................................................. 4
9. Ove rt i m e .......................................................................................... 5
1 0. Call Back .......................................................................................... 5
1 1. Work Location ................................................................................. 5
12. Wages ............................................................................................... 6
13. �ringe Senefits ................................................................................ 1 0
14. Selection of Lead Giazier ................................................................. 1 0
15. Holidays ........................................................................................... 11
16. Disciplinary Procedures ................................................................. 1 2
17. Absences from Work ....................................................................... 1 2
18 . Seniority ......................................................................................... 13
19 . Jurisdiction ..................................................................................... 14
20. Separation ....................................................................................... 14
21 . Tools ................................................................................................ 1 4
22. Grievance Procedure ....................................................................... 1 5
23. Right of Subcontract ........................................................................ 1 7
24. Non-Discrimination ........................................................................ 17
25 . Severability .................................................................................... 17
26. Waiver ............................................................................................. i 8
27. Mileage - Independent School District No. 625 .............................. 1 8
28. Duration and Pledge ......................................................................... 1 9
Appendix ..................................
Appendix ..................................
Appendix ..................................
Appendix ..................................
..................................... A1
..................................... B 1
.................................. C1-C3
..................................... D 1
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PREAMBLE
• This Agreement is entered into between Independent Schooi District No. 625,
, hereinafter referred to as the Employer, and Twin City Glaziers and Glass Workers
Local 1324, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
Qromotion of the respansibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at ali levels of
responsibiiity. Constructive attitudes of the Employer, 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 U�ion agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve arderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee pertormance
' that is consistent with the safety and well-being of ali concerned;
1.1.2. Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Empioyer and the Union;
1.1.3 Estabiish procedures to orderly and peacefully resoive disputes as to the
application or interpretation of this Agreement without loss of
productivity.
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1.2 The Empioyer and tfie 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 legis{ation, the latter shall prevail. The parties, on written
notice, agree to negotiate that part in conflict so that it conforms to the statute as
provided by Article 25 (Severabitity).
2.1 The Employer recognizes 4he Union as the exclusive representative for collective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No. 90-PCL-3169 dated February 26, 1990.
ARTICLE 2. RECOGNITION
2.2 The classes of positions recognized as being excfusivefy represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, 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 this
Agreement.
, 3.2 Any `Yerm or condition of employmenY' not established by this Agreement shall
remain with the Employer to eliminate, modify or establish following written
• notification to the Union.
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ARTICLE 4. UNION RIGHTS
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4.1 The Employer shall deduct $55 per month to cover monthly Union dues from the
wages of employees who authorize such a deduction in writing. Effective
June 1, 1996, this amount shall be increased to $60 per month. Such monies
deducted shall be remitted as directed by ihe Union.
4.1. i 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 shali indemnify and save harmless the Employer from any
and al! 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 shaH inform the Employer in writing of such desigrtation. Such
employee shall have the right and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Empioyer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities ot the Empioyer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT �
5.1 This Agreement establisfies the "terms and condifions of employmenf defined by
Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shafl supersede such `Yerms and
conditions of employmenY' established by Civil Service Rule, Council Ordinance,
and Council Resofution.
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ARTICLE 6. PROBATIONARY PERIODS
• 6.1 All personnei, originaliy hired or rehired following s�paration, in a regular
employment status shall serve a six (6) month probationary period during
' which time the emp4oyee's fitness and ability to perform-the ctass of positions'
duties and responsibilities 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 appeai 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 of positions shail serve a six (6) month
promotional probationary period during which time the employee's fitness and
abi{ity to perfosm the class of positions' duties and responsibilities 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 ciass of positions at
the discretion of the Empfoyer without appeal to the provisions of
Article 22 (Grievance Procedure).
6.2.2 An employee demoted during the promotionai probationary period shall
� be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shafl be a"cash" hourly 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 Articles 12 (Wages)
and 13 (Fringe Senefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
employee except as specificaliy provided for in this Agreement; except those
employees who have individually optioned to be "grandfathered" as provided by
A[ticle 12.2.
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ARTICLE 8. HOURS OF WORK
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8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday. �
8.3 If, during the term of this Agreement, it is necessary 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 immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the established workday unless otherwise directed by
their supervisor.
8.6 Atl employees are subject to call back by the Employer as provided by
Article 10 (Call Back).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate, �
unless notification has been given not to report for work prior to feaving home,
or during the previous workday.
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ARTICLE 9. OVERTIME
� 9.1 Time on the payroll in excess of the normal hours set forth above shall be
"ove�time work" and sha!{ be done only by order of the head of the department.
' An employee shall be recompensed for work done in excess of the normal hours
by being granted compensatory time on a time-and-one-half basis or by being
paid on a time-and-one-half basis for such overtime work. The basis on which
" such overtime shail be paid shall be determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime
rate for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday,
and
9.2.2 Time worked in excess of forty (40) hours in a normal work week.
9.3 For the purpose of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
ARTICLE 10. CALL BACK
10.1 The Employer retains the right to call back employees before an employee has
� started a normal workday or normal work week and after an employee has
completed a normal workday or normal work week.
i 0.2 Employees called back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
1 0.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when applicable, and subject to the minimum estabiished
by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal workday
shall complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 1 1. WORK LOCATION
1 1.1 Employees shail report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1.2 Employees assigned to work locations during the normal workday other than their
� origina! assignment, and who are required to furnish their own transportation,
• shail be compensated for mileage as set forth in Article 27 (Mileage).
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ARTICLE 12. WAGES
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12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Employees who are covered by the fringe benefits listed below shall continue to
be covered by such bene�ts. They shall be subject to all ofher provisions of the ,
Agreement, but shall nQt have hourly fringe benefit contributions andlor
deductions made on iheir behalf as provided for by Article 73 (Fringe Benefits).
12.2.1 Insurance premium contributions as established by the Employer
including life, hospital, and health insurance premium contributions as
established as of the date of the early retirement for early retirees who
have refired since November 1,i984, until such time as they reach
sixty-five (65) years of age. In order to be eligible for the insurance
premium contributions under the early retiree provision, the employee
must:
12.2.1.1 Be receiving benefits from a public employee retirement act
at the time of retirement.
12.2.1.2 Have severed the employment relationship with the City of
Saint Paul and Independent School District No. 625 under one
of the early retiree plans.
12.2.1.3 Inform the Human Resource Department of Independent
School District No. 625 and the Office of Human Resources, �
City of Saint Paul in writing within sixty (60) days of
employee's early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
12.2.1.4 Retire prior to May 31, 2000.
12.2.2 Sick leave as esiablished by the Civi! Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H.
12.2.4 Ten (10) lega! holidays as established by the Saini Pau! Salary Plan and
Rates of Compensation, Section I, Subdivision I.
12.2.5 Severance benefits as established by the School District's Severance
Pay Plan with a maximum payment of $4,000. or as established by
Section 12.2.6 of this Article.
12.2.6 Severance Pay: Provisions effective November 1. 1984. The Employer
shall provide a severance pay program as set forth in this Section:
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ARTICLE 12. WAGES (continued)
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12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements:
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12.2.6.1.1 The employee must be fifty-eight (58) years of
age or older or must be eligible for pension
under the "Rule of 85" or the "Rute ot 90"
provisions of the Public Empioyees 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.
12.2.6.1.2 The emptoyee must be voluntarily separated
from School District 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 this severance pay program.
12.2.6.1.3 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 of Saint Paul or
in Independent School District No. 625 may be
used in meeting this ten (10)-year service
requirement.
12.2.6.1.4 The employee must file a waiver of
re-employment with the Directors of Human
Resources, in the City of Saint Paul and
Independent School District No. 625 which will
clearly indicate tfiat by requesting severance
pay, the employee waives all claims to
reinstatement or re-employment (of any typej
with the City of Saint Paul or with Independent
School District No. 625.
12.2.6.1.5 The employee must have accumulated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
' 12.2.6.2 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 daity rate ot 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.
ARTICLE 12. WAGES (continued)
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12.2.6,3 The maximum amount of money that any employee may
obtain through this severance pay program is $7,500.
12.2.6.4 For the purpose of this severance pay program, a death of an
employee shall be considered as separation of employment
and, if the employee woufd have met afl of the requirements
set forth above at the time of his or her death, payment of the
severance pay may be made to the employee's estate or
spouse.
12.2.6.5 For the purpose of this severance pay program, a transfer
from Independent School District No. 625 employment to
City of Saint Paul employment is not considered a separation
of employment, and such transferee shall not be eligible for
this severance program,
12.2.6.6 The manner of payment of such severance pay shall be made
in accordance with the provisions of the School District
Severance Pay Plan already in existence.
12.2.6.7 This severance pay program shall be subject to and governed
by the provisions of the original School District Severance
Pay Plan (which allows $4,000 maximum payment) except
in those cases where the specific provisions of this Section �
conflict with said Severance Pay Plan and in such cases, the
provisions of this Section shall control.
12.2.6.8 Any employee hired prior to February 15, 1974, may, in
any event, and upon meeting the qualifications of this Section
or the original School District Basic Severance Pay Plan
(which allows $4,000 maximum payment), draw severance
pay. However, an election by the employee to draw
severance pay under either this Section or the basic School
District Severance Pay Plan shall constitute a bar to
receiving severance pay from the other.
12.2.6.9 An employee of Independent School District No. 625 shall not
be eligible for the severance pay provision of this Section if
such employee is also eligible and a recipient of Early
Retirement Incentive payment under the Memorandum of
Agreement with the exclusive representative
dated December 1, 1983.
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ARTICLE 12. WAGES (continued)
• 12.2.7 Flexible Expense Accounts Pian: it is the intent of the Employer to
maintain during the term of this Agreement a plan fos medical and child
� care expense accounts to be available to employees in this bargaining
unit who are eligibie for Employer-paid premium contribution for
heaith insurance for such expenses, within the established Iegai
` regulations and IRS requirements for such accounts.
12.3 Regular employees not covered by the fringe benefits listed in Article 12.2 shall
be considered, for the purposes ot this Agreement, participating employees and
shail be compensated in accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.4 Temporary employees shali be considered, for the purposes of this Agreement,
participating employees and shail be compensated in accordance with
Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behalf as provided for by Article 13 (Fringe Benefits).
12.5 All regular employees employed after February 15, 1974, shali be considered,
for the purpose of this Agreement, participating employees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefiit
contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
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AFiTICLE 1 3. FRINGE BENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from •
the wages of participating employees as defined by Articies 12.3, 12.4, and 12.5
covered by this Agreement in accordance with Appendix D for all hours worked.
ARTiCLE 14. SELECTION OF LEAD GLAZIER AND GENERAL LEAD GLAZIER
14.1 The selection of personnel for the class of position Lead Glazier and General Lead
Glazier shall remain solely with the Employer.
14.2 The class of position Lead Glazier shall be filied by employees of the bargaining
unit on a "temporary assignment °
14.3 All `Yemporary assignments" shall be made only at the direction of a designated
Employer supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the class of
positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shail be designated as holidays:
New Year's Day,
Martin Luther King, Jr. Day,
Presidents' Day,
Memoriai Day,
Independence Day,
Labor Day,
Columbus Day,
Veterans' Day,
Thanksgiving Day,
Christmas Day,
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
December 25.
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shail be considered the designated holiday. When any of these
three (3) holidays fialls on a Saturday, the preceding Friday shaii be considered
the designated holiday.
15.3 The ten (10) holidays shali be considered non-workdays.
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 10 (Call Back).
15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to
work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or
Veterans' Day shall be compensated on a straight-time basis for such hours
worked.
15.6 Such participating emp4oyees 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 houriy rate of such hours
worked.
15.7 If an employee other than a participating empioyee entitied to a holiday is
required to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day
or Veterans' Day, the employee shall be granted another day off with pay in lieu
thereof as soon thereafter as the convenience of the department permits or the
empioyee shall be paid on a straight-time basis for such hours worked, in
addition to the regular holiday pay.
If an employee other than a participating employee entitied to a holiday is
required to work on New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day or Christmas Day, the employee shall be recompensed for
work done on this day by being granted compensatory time on a
time-and-one-half basis or by being paid on a time-and-one-half basis for such
hours worked, in addition to the regular holiday pay.
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Eligibility for holiday pay shall be determined in accordance with Section I
(one), Subdivision I of the Saint Paul Salary Plan and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
15.8 In the case of Board of Education employees, if Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day or Veterans' Day falis on a day when school is in
session, the employees shall work that day at straight time and another day shall
be designated as the holiday. This designated holiday shall be a day on which
school is not in session and shall be determined by agreement between the
employee and the supervisor.
15.9 Notwithstanding Article 15.1, 15.7, and 15.8 above, the Employer may at any
time during the life of this Agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day or Veterans' Day shall be deleted from the
holidays list as set forth in Article 15.1.
ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on employees
forjust 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 retain all rights under
Minn. Stat. § 179A.20, Subd. 4., and thereby shall have the right to request that
such actions be considered a"grievance" for the purpose of processing through
the provisions of Article 22 (Grievance Procedure). Once an employee, or the
Union acting in the employee's behalf initiates review of an action, that matter
shall not be reviewed in another forum. Oral reprimands shall not be subject to
the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
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
workdays may be considered a"quiY' by the Employer on the part of the
employee.
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ARTICLE 18. SENIORffY
� 18.1 For the purpose of this Article the foliowing terms shall ke defined as foifows:
18.1.1 The term, "Employer," shall mean Independent School District
No. 625, Saint Paul Public Schools.
18.1.2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to any ciass title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Empioyer in a class
titie covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority starts at zero the day they are appointed to a
School District position in that title and begins to be calculated from
that date. An employee's Class Seniority does not revert to zero
following recall from an Employer initiated layoff within the
twenty-four (24 ) month recall rights period specified in 18.4. This
definition of class seniority would be used for all layoff decisions.
� 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a Ieave is granted for a period of less than thirty (30) calendar days; is
granted because of iliness or injury; is granted to allow an employee to accept an
appointment to the unclassified service of ihe Employer or to an elected or
appointed fuli-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
workforce, emp{oyees will be laid oft by class title within each Department based
on inverse length of "Class Seniority:' Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class titte previously held
which is covered by this Agreement, provided employee has greater "Ciass
Seniority" than the employee being replaced. Recall from layoff shall be +n
inverse order of layoff, except that recall rights shall expire after twenty-four
(24 ) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shail be made by class title based on length of
"Class Seniority," subject to the approval of the Employer.
•
13
ARTICLE 19. JURISDICTION
1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as �
an appropriate subject to determination by the various unions representing
employees of the Employer.
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 Empioyer'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.
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 Resignation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharoe. As provided in Article 16.
20.1 .3 Failure to Report for Dutv. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before !he completion of a normal workday.
ARTICLE 21. TOOLS
�
21.1 All employees shall personally provide themselves with the tools of the trade as
listed in Appendix B. •
14
a�-ag�
ARTICLE 22. GRIEVANCE PROCEDURE
• 22.1 The Employer shail secognize Stewards 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 names of the Stewards and of their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
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
detrimentai to the work programs of the Empioyer.
22.3 The procedure established by this Article shalt, except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for
the processing of grievances, which are defined as an affeged violation of ihe
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
Ste� 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shall attempt to resolve the matter on an informat
� 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 written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
Ste° 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 unresofved, the Employer shaff 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 reterred in writing by the Union within seven (7)
calendar days following receipt of the Employers answer shali be
considered waived.
C J
15
ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Sten 3. W+thin seven (7) catendar days following receipt of a grievance •
referred from Step 2, a designated Employer supervisor shall meet
with the Union 8usiness Manager or his designated representative and �
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shal! 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 Union
may refer the grievance to Step 4. Any grievance not referred in
writing by the Union fo Step 4 within seven (7) calendar days following
receipt of the Employer's answer shall be considered waived.
Ste�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 Bureau of Mediation Services to
submit a panei 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 (1st) 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 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 faw. TFie arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the
hearing or the submission of briefs by fhe parties, whichever be fater, uniess
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 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 serv+ces 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 tor the record.
22.7 The time limiis in each step ot This procedure may be extended by mutual
agreement of the Employer and the Union,
�
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ARTICLE 23. RIGHT OF SUBCOMRACT
• 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 workforce covered by this
Agreement, the Employer shail give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the empioyees covered by this Agreement
shail be in ail cases be made oniy to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24. i 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
non-discriminatory manner as such duties and responsibilities invofve other
� employees and the general public.
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.
•
17
ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating �
which resulted in Yhis 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 Empioyer and the Union for the duration of this Agreement agree
that the other party shall not be obtigated to meet and negotiate over any term or
condition 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
eutent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625
27.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use ot their automobiles for school business. To be •
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing one of the following plans:
PLAN "A" +s reimbursed at the current Board of Education rate or 28¢
per mile whichever is more. In addition, a maximum amount which can
be paid per month is estabfished by an estimate furnished by the
employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made.
PLAN "C" provides for reimbursement based on a per month "lump
sum" amount. This amount is determined by the employee's driving
experience under Plan "A" for a period of three (3) to six (6) months_
Those employees receiving an auto allowance under this plan must
report monihly the number of days the car was available during the
month. A deduction must be made from the lump sum amount for each
day the employee is on vacation. A deduction need not be made for an
occasional day of iliness or for holiday.
•
18
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ARTICLE 28. DURATION AND PLEDGE
� 28.� This Agreement shafl become eftective as of the date of signing, except as specificalfy
provided otherwise in Articles 12 and 13, and shall remain in effect through the
31st day of May 1997, and continue in effect firom year io year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
28.2 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 modified effective as of the expiration date.
28.3 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 dy which grievance concerning its application or interptetation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees wili not engage in, instigate or condone any
concerted action in which emp{oyees fail to repori for duty, willfufly
absent themseives from work, stop work, slow down their work or absent
themselves in whoie or part from the fuli, faithfui pertormance of their
duties of empioyment.
28.3.2 The Empioyer wili not engage in, instigate or condone any lockout of
employees.
28.3.3 This constitutes a tentative Agreement between the parties which wiil be
� recommended by the school board negotiator, but is subject to the approval
of the Board of Education and is also subject to ratification by the Union.
The parties agree and attest by the signature of the following representatives for the
Employer and the Union that this represents the full and complete understanding of the
parties for the period of time herein specified.
WITNESSES:
NDENT SCH ISTRICT NO. 625 TWIN CITY GLAZIERS, ARCHITECTURAL
��' � METALS AND GLAS ORKERS LOCAL 1324
� J
Cio�s/Labor Rela 'o s Manager usine Repr entative
/ � ,
//�7�4s
tions/Labor A tions Date
d Manager
•
Date
19
APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by �
the Union are as follows:
Glazier
Lead Glazier
Apprentice - Glazier
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within ihe jurisdiction of the Union.
�
A1 •
�� ��9
r_•� .�r.�?
� All necessary hand tools.
�
• B1
APPENDIX C
6
�
C-1 The total hourly cost to the Empfoyer for wages plus any and al( contributions or
deductions stated in Appendix D of this Rgreement shall not- exceed the following
amounts:
Effective
5-27-95
Glazier
Lead Glazier
$27.10
$ZS.10
Eftective
5-25-96
$28.20
$29.20
C-2 The total taxable hourly rate including wages and the vacation contribution in
Appendix D and excluding ail other benefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the foliowing classes of
positions and who are not covered by the EmployeYs benefit package described in
Article 12.2 shall be as follows:
Effective
5-27-95
Glazier
Lead Glazier
$23.41
$24.37
Effective
5-25-96
.
.
C-2A The basic hourly wage rates in lhis Appendix (C-2A) are for
comoensation analysis �urooses onlv. These figures represent the
portion of the Appendix C-i rates above specificaliy ailocated to
wages. These rates do NOT include taxable benefit contributions and
therefore should NOT be used for taxabte payroll calculations. See
Appe�dix C-2 above for total taxable payroll information.
Effective
5-27-95
Glazier
Lead Glazier
$18.41
$19.37
C1
Effective
5-25-96
.
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.
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APPENDlX C (continued)
C-3 The total taxabie hourly rate including wages and the vacation contribution in
Appendix D for temporary employees appointed to the following classes of
positions shall be:
Effective
5-27-95
Giazier
Lead Gfazier
$20.96
$21.96
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Pubtic Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the hourly
rate of pay shall be the rate shown in this Appendix C-3 for such title divided by
1 .0448.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
� ` The May 25, 1996, hourly rates in Appendices C-2, C-2A and C-3 shall be
determined at a later date based on the allocation agreed to by the Employer and
the Union of the May 25, 1996, total hourly cost stated in Appendix C-1.
C-4 The basic hourly wage rates for the Apprentice class of positions:
Apprentice
0 - 6 months
7 - 1 2 months
1 3- 1 8 months
1 9- 2 4 months
2 5- 3 0 months
31 - 3 6 months
i
60°/a of Glazier
65% of Glazier
70% of Glazier
75% oS Glazier
80% of Glazier
90°l0 of Gtazier
�
Effective
5-25-96
APPENDIX C (continued)
�
C-5 The basic hourly wage rate for regular employees appointed to the following
classes of positions who are covered by the Employer's fringe benefit package and
receiving those benefits listed in Article 122 shall be:
Effective
5-27-95
Glazier $21 .96
Lead Gfazier �22.80
Effective
5-25-96
..
.,
'' The May 25, 1996, hourly rates in Appendix C-5 shall be the rates as
those shown in Appendix C-1 less the cost of sick leave usage for 1995; and
less the cost of holidays, pension, and vacation for i996; and less the cost
of health and life insurance for the period May 1995 through April 1996
incurred by the Employer for employees in this bargaining unit.
A premium pay of seventy-five cents ($.75) per hour shall be paid for all swing stage
work, such as any work performed from a boatswain's chair or a swing scaffold,
twenty (20) feet or more above the ground. All standard safety laws shall be complied
with.
If the Union elects to have the contributions listed in Appendix D increased or decreased, •
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
C3 �
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•
APPENDIX D
Effective May 30, 1995, the Empioyer shall forward the amounts designated in this
Appendix D for participating empioyees covered by ihis Agreement and defined in
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Employer:
( 1) $5.00 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacation Fund. This �ayment
shail only be made for regular em I�ovees paid at the Appendix C-2 rate.
( 2) $2.40 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $.24 per hour for all hours worked to a Union-designated Ap�arenticeshiR
Fund.
( 4) For temporary empioyees paid at the Appendix C-3 rates; forward 1.50
per hour for all hours worked from which all appropriate payroll deductions
have been made to a Union-designated Vacation Fund and 3.50 per hour for
ail hours worked to a Union-designated Pension Fund.
�
�
The Employer
contributions to
Appendix C.
shall make legally established non-negotiated pension
PERA � 4.48% of the appfioabfe hourly rates noted in
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer. These
funds will typically be forwarded by the 15th, but not later than the 24th, of the month
following the month in which the hours were worked.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, governed by or accumulate vacation, sick leave,
holiday, funera4 leave, jury duty or insurance fringe benefits that are or may be
established by Personnei Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined in
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
estabiished by this Agreement. The actual level of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions andlor deductions.
D1
INDEPENDENT SCHOOL DISTRICT NO. 625 `` °���
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: November 21, 1995
TOPIC: Approval of employment agreement with Twin City Glaziers, Architectural
Metals and Glass Workers Local 1324
A. PERTINENT FACTS:
1. New Agreement is for the two-year period June 1, 1995 through May 31, 1997.
2. The language provisions of the previous contract remain essentialiy unchanged, except for
necessary changes to dates and outdated references.
3. The District has four regular FTE in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
6. This request is submitted by Richard Kreyer, Negotiations/Labor Relations Assistant
Manager; Phyllis E. Byers, fVegotiations/Labor Relations Manager; and Wiliiam A. Larson,
Assistant Superintendent, Fiscai Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those empfoyees in this
school district for whom Twin City Glaziers, Architectural Metals and Glass Workers Local 1324 is
exclusive representative; duration of said Agreement is for the period of June 1, 1995 through
May31, 1997.
��-�,��
INDEX
• ARTICLE TITLE PAGE
Preamble ......................................................................................... v
� 1. Purpose ........................................................................................... 1
2. Recognition ...................................................................................... 1
3. Employer Rights .............................................................................. 1
4. Union Rights .................................................................................... 2
5. Scope ofi the Agreement .................................................................... 2
6. Probationary Periods ...................................................................... 3
7. Philosophy of Employment and Compensation ................................ 3
8. Hours of Work ................................................................................. 4
9. Overti m e .......................................................................................... 5
10. CallBack .......................................................................................... 5
11. Work Location ................................................................................. 5
12. Wages ............................................................................................... 6
13. Fringe Benefits ................................................................................ i 0
14. Selection of Lead Glazier ................................................................. 1 0
15. Holidays ........................................................................................... 1 i
16. Disciplinary Proceduses ................................................................. 1 2
� 17. Absences from Work ....................................................................... 1 2
18. Seniority ......................................................................................... 13
19. Jurisdiction ..................................................................................... 14
20 . Separation ....................................................................................... 1 4
21 . Tools ................................................................................................ i 4
22. Grievance Procedure ....................................................................... 1 5
23. Right of Subco�tract ........................................................................ 1 7
24. Non-Discrimination ........................................................................ 17
25. Severability .................................................................................... 17
26 . Waiver ............................................................................................. 18
27. Mileage - Independent Schooi District No. 625 .............................. 1 8
28. Duration and Pledge ......................................................................... 1 9
Appendix ...................................................................................... A1
Appendix ...................................................................................... B1
Appendix ................................................................................... C1-C3
Appendix ...................................................................................... D1
.
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PREAMBLE
�
This Agreement is entered into between Independent School District No. 625,
hereinafter referred to as the Empioyer, and Twin City Glaziers and Glass Workers
Local 1324, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union both realize that this goat depends not only on the
words in the Agreement but rather primarily on attitudes between people at ali levels of
responsibility. Constructive attitudes of the Emptoyer, 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
uni�terrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of ali 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 confiict with such legislation, the latter shali prevail. The parties, on written
notice, agree to negotiate that part in conflict so that it conforms to the statute as
provided by Article 25 (Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation 5ervices in accordance with Case
No.90-PCL-3169 dated February 26, 1990.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to estabiish 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 this
' Agreement.
, 3.2 Any "term or condition of employmenY' not established by this Agreement shall
remain with the Employer to eliminate, modify or estabtish foltowing written
• notification to the Union.
1
ARTICLE 4. UNION RIGHTS
4.1 The Employer shal! deduct $55 per month to cover monthly Union dues from the
wages of employees who authorize such a deduction in writing. Effective
June 1, 1996, this amount shall be increased to $60 per month. Such monies
deducted shall be remitted as directed by the Union.
4.1 .1 The Employer shall not deduct dues from the wages of empioyees covered
by this Agreement for any other labor organization.
4.1.2 The Union shall indemnify and save harmless the Employer from any
and all ciaims or charges made against ihe Empioyer as a resutt 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 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
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ARTICLE 5. SCOPE OF THE AGREEMENT �
5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by
Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shall supersede such `Yerms and
conditions of employmenY' established by Civil Service Rule, Council Ordinance,
and Council Resolution.
7
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ARTICLE 6. PROBATIONARY PERIODS
� 6.1 All personnel, originaliy hired or rehired following separation, in a regular
employment status shall serve a six (6) month probationary period during
' which time the employee's fiitness and ability to perform the class of positions'
duties and responsibilities shail be evaivated.
� 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 shali receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnei promoted to a higher ciass of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shail 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 of positions at
the discretion of the Employer without appeal to the provisions of
Articie 22 (Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall
� be returned to the employee's previously-held class of positions and
shali receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND CAMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shall be a"cash" hourly wage and "industry"
friRge benefit system.
7.2 The Employer shali compensate employees for all hours worked at the basic
hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an
employee except as specifically provided for in this Agreement; except those
employees who have individually optioned to be "grandfathered" as provided by
Article 12.2.
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ARTtCLE 8. HOURS OF WORK
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8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday. .
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shiRs or a work week of other than Monday through
Friday, the Union agrees to enter into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the established workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call back by the Employer as provided by
Article 10 (Call Back).
8.7 Empioyees reporting for work at the established starting time and for whom no
work is availabfe 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 workday.
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ARTICLE 9. OVERTIME
� 9,1 Time on the payroll in excess of the normal hours set forth above shall be
"overtime work" and shall be done only by order of the head of the department.
' An employee shall be recompensed for work done in excess of the normal hours
by being granted compensatory time on a time-and-one-half basis or by being
paid on a time-and-one-half basis for such overtime work. The basis on which
` such overtime shall be paid shall be determined solely by the Employer.
9.2
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The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime
rate for work performed under the following circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday,
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9.2.2 Time worked in excess of forty (40) hours in a normal work week.
For the purpose of calculating overtime compensation, overtime hours worked
shall not 6e "pyramided," compounded or paid twice for the same hours worked.
ARTICLE 1 0. CALL BACK
1 0.1 The Employer retains the right to call back employees before an employee has
started a normal workday or normal work week and after an employee has
compieted a normal workday or normal work week.
10.2 Employees called back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
1 0.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when applicabfe, and subject to the minimum established
by 10.2 above.
10.4 Employees called back four (4) hours or less prior to their normal workday
shall complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 1 1. WORK LOCATION
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
1 1.2 Employees assigned to work locations during the normal workday other than their
original assignment, and who are required to furnish tfieir own transporiation,
shail be compensated for mileage as set forth in Article 27 (Mileage).
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ARTICLE 12. WAGES
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1 2.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee. ,
12.2 Employees who are covered by the fringe benefits listed below shall continue to
be covered by such benefiis. They shaN be s�bject to a!! other provisions of the
Agreement, but shall not have hourly fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13 (Fringe Benefits).
12.2.1 Insurance premium contributions as established by the Employer
including life, hospital, and health insurance premium contribuiions as
established as of the date of the early retirement for early retirees who
have retired since November 1,1984, until such time as they reach
sixty-five (65) years of age. In order to be eligible for the insurance
premium contributions under the early retiree provision, the employee
must:
12.2.1.1 Be receiving benefits from a public employee retirement act
at the fime of retirement.
12.2.1.2 Have severed the employment relationship with the City of
Saint Paul a�d Independent School District No. 625 under one
of the early retiree plans.
12.2.1.3 Inform the Human Resource Department of Independent �
School District No. 625 and the Office of Human Resources,
City of Saint Paul in writing within sixty (60) days of
employee's early retirement date that he or she wishes to be
eligible for early retiree insurance benefits.
12.2.1.4 Retire prior to May 31, 2000.
12.2.2 Sick leave as established by the Civil Service Rules, Section 20.
12.2.3 Vacation as established by 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 I, Subdivision I.
12.2.5 Severance benefits as established by the School DistricYs Severance
Pay Plan with a maximum payment of $4,000. or as established by
Section 122.6 of this Article.
12.2.6 Severance Pay: Provisions effective November 1. 1984. The Employer
shall provide a severance pay program as set forth in this Section:
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ARTiCLE 12. WAGES (continued)
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12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements:
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12.2.6.1.1 The employee must be fifty-eight (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 Pubiic 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.
12.2.6.1.2 The employee must be voluntarily separated
from School District 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 this severance pay program.
12.2.6.1.3 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 of Saint Paul or
in Independent School District No. 625 may be
used in meeting this ten (10)-year service
requirement.
12,2.6.1.4 The employee must file a waiver of
re-employment with the Directors of Human
Resources, in the City of Saint Paut and
Independent School District No. 625 which will
clearly indicate that by requesting severance
pay, the employee waives all claims to
reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent
School District No. 625.
122.6.1.5 The employee must have accumulated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
� 12.2.6.2 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 200 accrued sictc leave days.
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ARTICLE 12. WAGES (continued)
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12.2.6.3 The maximum amount of money that any empioyee may
obtain through this severanCe pay program is $7,500.
12.2.6.4 For the purpose of this severance pay program, a death oi 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 may be made to the employee's estate or
spouse.
12.2.6.5 For the purpose of this severance pay program, a transfer
from Independent School District No. 625 employment to
City of Saint Paul employment is not considered a separation
of employment, and such transferee shall not be eligible for
this severance program.
i 2.2.6.8 The manner of payment of such severance pay shall be made
in accordance with the provisions of the School District
Severance Pay Plan already in existence.
12.2.6.7 This severance pay program shall be subject to and governed
by the provisions of the originai School District Severance
Pay Plan (which allows $4,000 maximum payment) except
in those cases where the specific provisions of this Section •
conflict with said Severance Pay Plan and in such cases, the
provisions of this Section shall control.
12.2.6.8 Any employee hired prior to February 15, 1974, may, in
any event, and upon meeting the qualifications of this Section
or the original School District Basic Severance Pay Plan
(which allows $4,000 mauimum payment), draw severance
pay. liowever, an election by the employee to draw
severance pay under either this Section or the basic School
District Severance Pay Plan shall constitute a bar to
receiving severance pay from the other.
12.2.6.9 An employee of Independent School District No. 625 shall not
be eligible for the severance pay provision of this Section if
such employee is also eligible and a recipient of Early
Retirement Incentive payment under the Memorandum of
Agreement with the exclusive representative
dated December 7. i983.
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ARTICLE 12. WAGES (continued)
• 12.2.7 Flexible Exoense Accounts Plan: it is the intent of the Employer to
maintain during the term of this Agreement a pian for medical and chiid
� care expense accounts to be available to employees in this bargaining
unit who are eligible for Employer-paid premium contribution for
health insurance for such expenses, within the established legal
' regufations and fRS requirements for such accounts.
1 2.3 Regular emp4oyees not covered by the fringe benefits listed in Articfe 12.2 shall
be considered, for the purposes of this Agreement, participating employees and
shall be compensated in accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.4 Temporary empioyees shall be considered, for the purposes of this Agreement,
participating empioyees and shall be compensated in accordance with
Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behalf as provided for by Articie 13 (Fringe Benefits).
12.5 All regular emp4oyees employed after February 15, 1974, shafl be considered,
for the purpose of this Agreement, participating employees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from �
the wages of participating emp(oyees as defined by Articfes 12.3, 12.4, and 12.5
covered by this Agreement in accordance with Appendix D for all hours worked. •
ARTICLE 1 4. SELECTION OF LEAD GLAZIER AND GENERAL LEAD GLAZIER
14.1 The selection of personnel for the class of position Lead Giazier and General Lead
Glazier shall remain solely with the Employer.
14.2 The class of position Lead Glazier shall be filled by employees ot ihe bargaining
unit on a "temporary assignment."
14.3 All "temporary assignments" shall be made only at the direction of a designated
Employer supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the class of
positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shail be designated as holidays:
New Year's Day,
Martin Luther King,
Presidents' Day,
Memorial Day,
independence Day,
Labor Day,
Columbus Day,
Veterans' Day,
Thanksgiving Day,
Christmas Day,
January 1
Jr. Day, Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
November t 1
Fourth Thursday in November
December 25.
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
foltowing Monday shafl be considered the designated holiday. When any of these
three (3) holidays falis on a Saturday, the preceding Friday shall be considered
the designated holiday.
15.3 The ten (10) holidays shall be considered non-workdays.
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 10 (Call Back).
15.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to
work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or
Veterans' Day shall be compensated on a straight-time basis for such hours
worked.
15.6 Such 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 houriy rate of such hours
worked.
15.7 If an employee other than a participating employee entitled to a holiday is
required to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day
or Veterans' Day, the employee shall be granted another day off with pay in lieu
thereof as soon thereafter as the convenience of the department permits or the
employee shall be paid on a straight-time basis for such hours worked, in
addition to the regular holiday pay.
If an employee other than a participating employee entitled to a holiday is
required to work on New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day or Christmas Day, the employee shall be recompensed for
work do�e on this day by being granted compensatory time on a
time-and-one-half basis or by being paid on a time-and-one-half basis for such
hours worked, in addition to the regular holiday pay.
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Eligibility for holiday pay shall be determined in accordance with Section I
(one), Subdivision 1 of the Saint Paul Salary Plan and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued}
15.8 In the case of Board of Education employees, if Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day or Veterans' Day falis on a day when school is in
session, the employees shall work that day at straight time and another day shai!
be designated as the holiday. This designated holiday shall be a day on which
school is not in session and shall be determined by agreement between the
employee and the supervisor.
15.9 Notwithstanding Article 15.1, f5.7, and 15.8 above, the Employer may at any
time during the life of this Agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day or Veterans' Day shali be deleted from the
holidays list as set forth in Article 15,1.
ARTICLE 1 6. DISCIPLINARY PROCEDURES
1 6.1 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 retain all rights under
Minn. Stat. § 179A.20, Subd. 4„ and thereby sfiall have fhe righf to request that
such actions be considered a"grievance" for the purpose of processing through
the provisions of Article 22 (Grievance Procedure). Once an employee, or the
Union acting in the employee's behalf initiates review of an action, that matter
shall not be reviewed in another forum. Oral reprimands shall not be subject to
the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
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
workdays may be considered a"q�iY' by the Employer ort the part of the
employee.
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ARTICLE 18. SENIORITY
� 1 8.1 For the purpose of this Article the following terms shaii be defined as follows:
18.1.1 The term, "Employer," shall mean Independent School District
No. 625, Saint Paul Pubiic Schools.
18.1.2 The term, "Master Seniority," shail mean the length of continuous
regular and pro6ationary service with the Employer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a class
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority starts at zero the day they are appointed to a
Schooi District position in that title and begins to be calculated from
that date. An employee's Class Seniority does not revert to zero
following recall from an Employer initiated layoff within the
twenty-four (24 ) month recall rights period specified in 18.4. This
definition of class seniority would be used for ali layoff decisions.
� 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 fufl-time position with the Union.
18.3 Seniority shali terminate when an employee retires, resigns or is discharged.
1 8.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, empfoyees will be Vaid off by class title within eacfi Department based
on inverse length of "Class Seniority:' Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreement, provided employee has greater "Class
Seniority" than the employee being replaced. Recaii from layoff shall be in
inverse order of layoff, except that recall rights shali expire after twenty-four
(24 ) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
1 9.1 Disputes conceming work jurisdiction between and among unions is recognized as
an appropriate subject to determinafion 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
mutuai 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.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment siatus shal! be
considered separated from employment based on the following actions:
20.1 .1 Resic,�nation. Employees resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharae. As provided in Article i6.
20.1.3 F�ilure to Report for Dutv. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
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 Stewards 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 names of the Stewards and of their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
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 empioyee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have noiified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrime�tal to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of ihis Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
Steo 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 written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any alleged violation of the Agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable d'+ligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
Ste° 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 resuit 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)
calendar days foliowing receipt of the Employers answer shall be
considered waived.
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Steo 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 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 Union
may refer the grievance to Step 4. Any grievance not referred in
writing by the Union to Step 4 within seven (7) calendar days follow+ng
receipt of the Employer's answer shall be considered waived.
Steo 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
fo mutually agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The
Union shall strike the first (ist) 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 specific issue submitted in writing by the Employer and the
Union and shail 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 iorce 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 e�ension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented. The decision of the arbitrator shall be
final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by ihe 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 resuli in a reduction of the workforce 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 be in all cases be made oniy to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMfNATION
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 wili perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
� empioyees and the generai public.
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 campletely 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
condition of employment whether specifically covered or not specifically covered
6y 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.
ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625
27.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing one of the following pfans:
PLAN "A" is reimbursed at the current Board of Educaiion rate or 28¢
per mile whichever is more. In addition, a maximum amount which can
be paid per month is established by an estimate furnished by the
employee and the employee's supervisor.
Another consideration for establishing the ma�cimum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made.
PLAN "C" provides for reimbursement based
sum" amouni. This amount is determined by
experience under Plan "A° for a period of thre
Those employees receiving an auto allowanc
report monthly the number of days the car w
month. A deduction must be made from the lum
day the emptoyee is on vacation. A deduction n
occasional day of illness or for holiday.
on a per month "lump
the employee's driving
e (3) to six (6) months.
e under this plan must
as available during the
p sum amount for each
eed not be made for an
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ARTICLE 28. DURATION AND PLEDGE
• 28.1 This Agreement shall become effective as of the date of signing, except as specifically
provided otherwise in Articles 12 and 13, and shall remain in effect through the
31st day of May 1997, and continue in effect from year to year thereafter unless
'� notice to change or to terminate is given in the manner provided in 28.2.
28.2 tf either party desires to terminate or modify this Agreement effective as of the date
- of expiration, the party wishing to modify or termi�ate 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 modified effective as of the expiration date.
28.3 In consideration of the terms and conditions of empioyment estabtished by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievance concerning its application or +nterpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the empioyees will not engage in, instigate or condone any
concerted action in which empioyees fail to report for duty, willfuily
absent themselves from work, stop work, slow down their work or absent
themseives in whoie or part from the full, faithfui performance of their
duties of empioyment.
28.3.2 The Empioyer wili not engage in, instigate or condone any lockout of
employees.
28.3.3 This constitutes a tentative Agreement between the parties which wiil be
� recommended by the school board negotiator, but is subject to the approval
of the Board of Education and is a{so subject to ratffication by the Union.
The parties agree and attest by the signature of the foilowing representatives for the
Employer and the Union that this represents the full and complete understanding of the
parties for the period of time herein specified.
WITNESSES:
NVIN CITY GLAZIERS, ARCHITECTURAL
METALS AND GLAS ORKERS LOCAL 1324
usines Repre entative
//�7�ys
Date
\J
Date
19
assistant manager
APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by r
the Union are as follows:
Glazier
Lead Glazier
Apprentice - Glazier
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
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APPENDIX B
� All necessary hand tools.
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• 61
APPENDIX C
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L_J
C-1 The total hourly cost to the Employer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
5-27-95
Glazier
Lead Glazier
$27.10
$28.1 0
Effective
5-25-96
$28.20
$29.20
C-2 The total taxable hourly rate including wages and the vacation contribution in
Appendix D and excluding all other benefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions and who are not covered by the Employer's benefit package described in
Article 12.2 sfiall be as foliows:
Effective
5-27-95
Glazier
Lead Glazier
$23.41
$24.37
Effective
5-25-96
.
>
C-2A The basic hourly wage rates in this Appendix (C-2Aj are for
compensation anal�sis �urnoses oniv. These figures represent the
portion of the Appendix C-1 rates above specifically allocated to
wages. These rates do NOS include taxable benefit contributions and
therefore shouid NOT be used for taxable payroll calculations. See
Appendix C-2 above for total taxabie payroll information.
Effective
5-27-95
Gfazier
Lead Glazier
$i8.41
$19.37
Effective
5-25-96
.
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APPENDIX C (continued)
�
C-3 The total taxabie hourly rate including wages and the vacation contribution in
Appendix D for temporary employees appointed to the following ciasses of
positions shali be:
Effective
5-27-95
Glazier
Lead Glazier
$20.96
$21.96
<
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Pubtic Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the hourly
rate of pay shall be the rate shown in this Appendix C-3 for such title divided by
1 .0448.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
� ' The May 25, 1996, hourly rates in Appendices C-2, C-2A and C-3 shall be
determined at a later date based on the allocation agreed to by the Employer and
the Union of the May 25, 1996, totai hourly cost stated in Appendix C-1.
C-4 The basic hourly wage rates for the Appreniice class of positions:
Apprentice
0 - 6 months
7 - 1 2 months
1 3- 1 8 months
1 9- 2 4 months
2 5- 3 0 months
3 1- 3 6 months
60% of Glazier
65% of Glazier
70% of Glazier
75% of Glazier
80% of Glazier
90% of Glazier
m
�
Effective
5-25-96
.
� C2
APPENDIX C (continued)
�
C-5 The basic hourly wage rate for regular employees appointed to the following
classes of positions who are covered by the Employer's fringe benefit package and
receiving those benefits listed in Article 12.2 shall be:
Effective
5-27-95
Glazier
Lead Glazier
$21.96
$22.80
Effective
5-25-96
<.
..
'' The May 25, 1996, hourly rates in Appendix C-5 shal! be the rates as
those shown in Appendix C-1 Iess the cost of sick leave usage for 1995; and
less the cost of holidays, pension, and vacation for 1996; and less the cost
of health and life insurance for the period May 1995 through April 1996
incurred by the Employer for employees in this bargaining unit.
A premium pay of seventy-five cents ($.75) per hour shall be paid for all swing stage
work, such as any work pertormed from a boatswain's chair or a swing scaffold,
twenty (20) feet or more above the ground. All standard safety Iaws shaii be complied
with.
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
C3
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APPENDIX D
� Effective May 30, 1995, the Employer shall forward the amounts designated in this
Appendix D for participating empioyees covered by this Agreement and defined in
• Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Employer:
- ( 1) $5.00 per hour for ail hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacation Fund. This �ayment
shall onikbe made for regular emplovees oaid at the A�pendix C-2 rate
( 2) $2.40 per hour for all hours worked to a lJnion-designated Health and
Welfare Fund.
( 3) $.24 per hour for all hours worked to a Union-designated Aoorenticeshi�
Fund.
( 4) For temporary employees paid at the Appendix C-3 rates; forward 1.50
per hour for all hours worked from which all appropriate payroli deductions
have been made to a Union-designated Vacation Fund and 3.50 per hour for
all hours worked to a Union-designated Pension Fun .
The Employer shall make legally established non-negotiated pension
contributions to PERA � 4.48% of the applicable hourly rates noted in
Appendix C.
�
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer. These
funds will typically be forwarded by the i5th, but not later than the 24th, of the month
following the month in whicfi the hours were worked.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Participating empfoyees as defined in Articles 12.3, i2.4, and 12.5 covered by this
Agreement shall not be eligible for, governed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined in
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
estabtished by this Agreement. The actual level of benefits provided to employees shalt
be the responsibility of the Trustees of the various funds to which the Employer has
• forwarded contributions and/or deductions.
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