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96-4� � � �..k � ` . - `'t y � Presented Referred To Council File # � Green Sheet # 3s Committee Date iLJ 1 2 3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1994 thru Apri130, 1997 Collective Bargaining Agreement between the City of Saint Paul and the United Association of Pipefitters, Local Union No. 455. Requested by Department of: ��'�u`'�'�'v� ��__�,___�__� � By: � �� F rm Approve City Attorney By: I Approved Ja'y.IGfayor for Submission tA Council � Adopted by Council: Date � �,,,,,, _ �i� ��{q ( �T. Adoption Certified by CouncIl Secretazy DEPARTMENTfOFFICEfCOT7NCIL: LABOR RELATIONS CONTACC PERSOn & PAONE; N3ARY H. KEARNEY 266-6445 M[JST BE ON COUNCII, AGENDA BY (DATE) TOTAL H OF ALL LOCATIONS FOR S1GNA7'URE) acriox xeQUES�n: This resolution approves the attached May 1, 1944 thru Aprii'�@;�1'94� A�eement between the City of Saint Paui and the United Association of Pipefitters, Local Union N� $�� C 3a�m�� C3�€I4�b RECOMI�3ENDATIONS: Approve (A) or Reject (R) _PLANMNGCOMMISSION _CIViLSERVSCE WMMISSIOF _CID COMMI7TEE STAFF DISTRIC7 WURT SUPPORTS WFIICH COUNCIL OBJECTTVE? PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this persoNfitm ever worked u�der a contract for this departrnent? Yes No 2. Has this personifirm ever been a ciry employee? Yes No 3. Does this person/fsrm possess a skill not nrnmatly possessed by any current city employee? Yes No Explein a4 yes answers on separate sheec aad attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTIJNTTY (Who, What, When, Where, Why): See Attached. .wvnNrnc�s iF.arraoven: An Agreement in place through April 30, 1997. DISAAVANTAGESIFAPPROVED: NOriE. �'�s�.,.,.. _. �..__ .., e,�_._.. E..,°i.: e a ia".'e`.^.�} ntsanv,wrncES iF Nor nrrxoven: No settlement reached and possible strike. POTAL AMOU7VT OF TRANSAC7'ION:1994 - S15,11A LNDING SOIIRCE: 'INANCIAL [NFORMATION: (EXPLAIN) ACI'IVITY NUMBER: � �� D"'� IN"�'''sED GREEN SHEET No.: 35086 12f 15l95 � INI7'fAGDA7E IIrSTIAL/DATE ASSIGN I DEPARTAIENT DIR 4 CITY COUNCIL N[I1ygER 2 CI7Y ATTORNEY CI7Y CLERK FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER 1995 - $15,393 COST/REVEA`UE BUDGETED: �� , NOTE: COMPI.ETE DIREC7TON5 ARE INCLUDED IN THE GREEN SHEET INSTRUCTfONAL MANUAL AVAILhBLE IN TFIE ' � � PURCHASING OFFICE QPHOIVE NO. 266-8900). � ' , ' , � , , ' " , � ' ' ROUTING ORDER: � , � � � , � � . � , � , , , � ' , , � � � „ , , ; , � �, Below 9re correct roertings fnr the �fzbe mos[ �freqaeat ty�pes of docUments: , � ' , . ' � ' ', , � ' , , � � � � , � " ' ' � CON'I'RACTS� (assumes anthodzed budget �isis), � COUNCI[. AESOLL7TYON (Amesid $udgeu/Ac�ept C3rmt5} � ' k. OuFSiHe A8'��3' � � � , . I�. � ��Deparlmeat Daector � ",' ' , � , , " � � - 2. DepartmentDirectoc - , , , 2'. Bddget.Di�ctor � � � � � �' , ' . '� . � 3. Ciry, Attocriey . � ' � 3. Cit}� Attomey ' � � �. ' ' , , , '' , 4. Mayoc (for conhacts over $15,000) ' ' 4_ ' Mayoi'/Assistant� � , ' � , � � 5. Human Rigtits (fni contrac�ts ovei$SO,WO) . 5. , City Cqnn'cil� . � � � � � � , � 6.' Finance��and Management Secvices'Ditector ' 6. � Chief Abcqnuranf,�Finan'ce atid°Managemeat Services ,;, � ,� � ' , - 7. , Fiaance Accauating' � � � � � � � � . � � � � � � , , � , , , " � , , , � , , , , , ' �ADMINISTRATIVE ORDERS (Bud'gef Reuision) � , COiINCIL RESOL�UTIQN �(aFl otfiets, �and O�dinances� � � , ,' � , � 1. Activity M�ager � ]. � Deparktnent'DhecEOf , , , , � . � . � , � ' � � ; ' 2. DeQarEmnent Rccountant . , 2. Ciiy'Attorney ' , , , � " � , ' ' � � ' 3.' ' DeparhuentDirector,' , ' , 3: Mayor(Assistant �� ' , , , ' ' � � � � , , � 4. Bnflget Duec[or ' � � . ' � ,, 4. �, � ��ty Couttcil�� . ' � . � � � ' � � �,- � 5. CiryClerk �� , � � ' - 6. Gltief.Accoimtaat, Finance and Menagement Sen+ices � � � � � � � , � � . . � � , , � ,' , , , , � � , , , . , , , , � , � . , , ' ADMINTSTAtA'lIUE ORDERS{ail others) - '' ' � � � � � � � �� L. Depar[ment Dicector ' ' ` ' . � � ' . , , . � � � � ' � � � � � � � � 2.� � Citq Attoriiey � � , , � , � � � � � , � , � � � ', - ' ' , ' �'3�. � Finauceand' Managemen4 Ser's�ices Director � ` ' ' , , , ' ' , , , 4 . „ Ct Clcrc , Ty , k ' TQTAL NUMBER OF SIGNR'I'URE PAGES -� ° � � � � � � „ � � � � . , „ , ' Indicate�the'# of pages on,w6ich signatuces �are required and paperchp or ftag each of these pages. ,' �� ,� �� , , �� ACTiOA7 REQUESTED ' � � � � � � � � � � � � �Describe what the prajectlreguest seeks to accomplish in eithet chronatogical order'or oider uf�im'pa�tance, wfiickever'��is m,ost appropnate fat '�,, � , ' the i'ssue. �Do not write �complete sentences. Begin'e�ach item ia your IiS'i cciilt a verb. ; , ' ' ' � � ' � , � , , ; �, 'RECON4bIENDA�TIONS � � ' ' ' � � ' � ' � � ' � ' � ' � ., ' '� Comgtete if the issue in question has been presented before any, body, Qablic�,or,private. , � ' ''' ' ' �, - � , , � , � , ' , � , � , �, „ � „ � ' � SUPPOR�T$ WFIICH,'COL7N�II.OB7EC'FIVE7 �, ' '� ' �' � ��" � � , ', ' r' , ; ;� , � �' , � ' � , ' � ' Indicate:whichcauncil'objecdve('s)youiproject/request,'siippoztsbylistiagthekeywotil{5)(FIOUSIN6 RECRE�t�TFON, �,� � ' � � �. � �'NEIGHB�ORIi00DS, E�CONO�MIC DEVELOPMEN'C, BUDGET $$WER, SEP�L4L'IO!Nj- CSEE'CONLPLETE�F.IST IN '�� " ,' . , , . � tNS'FBi7GTIONAL �IvFANUAti.) , , �, , ,' � � � � ` � � � , , � � � , , � , ' � � � , , � �,� � � r '�` , ' „ ' ' � � , � , . PERSONAI:;°SERYI(iE C01VTRhCTS: � � � . � ', � ' , � � � � � � ., ; , . ,� . � , ; � This information will tie use@ to,determine the ci,ry's ]iabiliry for workecs compensatiou qla�ms,�,taXes, and� proper civeF service hinng neks. �� ' , I�PIATiTtG PROBLEM, LSSUE, ,OPPOitTtIN1TY , . ' , , , � �� " � � �F.�plao� ffie satuation'or bondiAOns thaz� created,a qeed for your�P�ojeci oi reqhest ' � , ' � � ' ' ' ' , ,' ADVANTACiES IF ftPPROYED � , . � � , , � � 'Indicate whecher this�is�simplyan annual budget procedure�iequiced 6y }awtcharter ot whetLer there are sP��+F ��3's m whicN �the �ty of �� Sainf Paui aud m citi'zens wiil,benG&Y� Y'rom thi3 project%action:�� ' � � � - � � . � � �, � �DISPiDVf�NTAGES�ff APPRQVEb � � � � ' ' � � � ` � � ' , ., � � � � ,� What n'egative effects or.major chauges�fo existing or pasP ptocesszs might this pcajecUreq¢est produce if it is passed(e,g.;'tiafficdetays, aoise; ��, . � , ,� tsx� � , �. � � � , ong'� '. ;� � � , , � � , � , i ; ,, , ' �ADVA'NT�AGESIF�N�T�uROVEDW,bea. Forhow �o � i}itytodeliverserv�ce� Co�� g1i�� '� � �� Y , prom�sed achon is aot� � ved Snab nttnued hi :�haffic, noi�se;" �'��' ,— � � , , � , . � �,,, , ,�„�� ' ,; �,,",, � , � '� „',� . , accidentrate LossoEcevenue. , � � ', „ , . , i '� , . , , � FINANCIAlJ IMPACT � � � ' � ; Ahhbagh you,m�st iazlor the^information you prodtdehere'to tha.iss¢e you aie addressing, genetal you must aitswertwo ,ques[ions: How ', ', , much is iCgo�g tn cast'? � �Vho ts goi�g ta paY? �, , � , , .,r � ' . , . �� ATTACI�NT TO GREEN SHEET PII'EFITTERS This City of Saint Paul and the United Association of Pipefitters Local #45S reached a three year agreement stretching from May 1,1994 through Apri130, 1997. There are s� members of this bazgaining unit and all of them receive union benefits. 1994 The parties agreed on a 1994 base rate wage freeze. The parties reduced the 1993 base rate in late 1993 (in anticipation of delayed negotiations) to maintain proper funding of iheir fringe benefit funds. The parties then equalled the 1993 base rate for 1994. The increase in City cost for wages and fringe benefit funds totalled $15,114. 1995 The parties reduced the 1993 base rate in late 1493 (in anticipation of delayed negotiations) to maintain proper funding of their £ringe benefit funds. The increase in City cost for wages and fringe benefit funds totalled $15,393. 1996 The parties agree to a reopen wages and fringes for 1996. � N Z � � � 0 a } .: �. 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Z W W f ` W c � < Q Z � � � V p O ^ r � e � � .-a 1.1 � 1 � '� >4 m � � ^ O N � V 1� � q' h 1O V d Y � �G y V � } m T y � 4 � � � 3d 3 ° q�o � 8 � N � V S Y N J N 0 � d y w�. U`� i M > y� u M .0 H Y. � : p M � � � '� � wE m o do io �O �� .�. � Z_ Z� Zu Z.,U Z_ 2. 2.. � � • � � � ' � _ Y a m ^ N LN N �O �1� m.. ``_ � - d' m d m ? -_° n ` _ = u ' d 3 � p .t yCL � q p� � C � � N � M� p q M. A w q r Q m mV P�+U ID� m� rL� a � �� -� �� , a _,; � v e�d e a.�o ^ � j w� n �` L % � O � D V d ^ d ' O N� W O� O � M.� y' Y L I � 3' 8V 3c Spc �irs �o ��`E ��R M� M MX � ZC] UE �� C �.Y �= 3� 3EE ` a2.��. �i ( E�_3 Z 0 Z V' Z V Z.5 V t ° r . ' +n a'. id � � � �. �� N N N ��y y ' ' Yi D O � ' C !° a'y u$ e`� a . �' � �G W� �� s�� `�'i ` g NE � �a m'� ov oU m+:V hr i � ' � 3 I .1 ' 7 � ` I ~ � � y ,.. � O CV I7 � Q Y1 COJ Q m ' O+ Y1 l Y W p Y C p C V Y '� ? P �! > y F � a O n� C L� C`L ' C u S' .�°�� °� 3'Se um ,c° � ��'° m N� M v N� My� � ZO V� N� ' 6`'� �= 3= �e �@e Ae ac° d s=& z� iv zv z°c r°� �« i�.'� a°o' a h � .�� o� � � �� N f ti � � � � � t�„1 � 9 � d � ` O O C �� : `A y d c '� ' � m I N� W U � y O O n Y m ' & � :: � � E $ E E „ � � mD mV mV m�iV 01� � � ; � � � � OJ h , ..- `.O O� ' .-� .-i � n N ' .-.I � �� R L N f V { N � N I N � c b Yy 4 ye � L Cp r 9�' � y N q W L S ^ N� m�r y� C I C � � C `� wY ��"' C � q L m L�' E' � A Y M d M V � M�� Z m V E f1LL � Q � C � E € n i,Q �°' � E`_Eq 2C 2V 2U Z�V� 1°� �-.. f a a°m � ' � l � �� ..P S ^ � i a o ` �O ; '' A ` y R y T3 � N ' � N � W� O�y O� y �I '��i � '� R C C �� 6V O V O� V N1� I � i.��.v . , � � �- �_ , - - �_ ��4��. _� . �- :-�.., - .. _ f , � � . � � � � . �_ � - � � � . � �� _ , _ Ma� ��, 2994fiu-ciugh April_3a; 1�99 �_ � � _ , . . __ � � - . � � � . MAINT�ENANC�� LABOR AGREE14IE1�T'I'° . �" , � _ - � - � � - be't�een � = _ - �. . � -� %�; , - . _ _ .. ; THE CIT� �F SAINT:P�I�JI: _ . ,,, : � �. �. -. � . �- _.�, � < -� r �, - and. .� �� - � _: .; , � . � , , � .� �_ . . ;.- � _ ; �� 13NIT�D ASSOCIA�TON � ` PIPE�ITT�RS: LflCA�, UI�QN Nt3 455 ` ,, , :: -. �- =- �- ��.= ._ _ , . - � ��;- _ ,_ : _ -. �- - - ti_ - < < �� ` . � x y � � � < w " �� > ��- � �� ARTICLE i � 2 3 4 5 TITLE Preamble . . . . . . . . . . . . . Purpose . . . . . . . . . . . . . . . . . . Recognition ............... Employer Rights . . . . . . . . . . . . Union Rights . . . . . . . . . . . . . . . Scope of the Agreement . . . . . . . . PAGE ........................ii ......................1 ......................2 ......................3 ......................4 ......................5 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . 7 8 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 9 Overtime .......................................9 10 Call In1Ca11 Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 11 Wages ........................................ 11 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . 13 14 Holidays ...................................... 14 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IS 16 17 18 19 20 21 22 23 24 25 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Seniority.. ............ .... ..... .. ... .. ... ... . . 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Separation . ... ....................... ........ .. 19 Tools........................................ 20 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 Right of Subconuact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Severability .................................... 26 Waiver ....................................... 27 26 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 27 Legal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 28 Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 29 Duration & Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Appendix A ....................................A1 AppendiY B .................................... B1 Appendix C ....................................C1 Appendix D ....................................D1 Append� E .................................... B1 ��-� � . . �. This Agreement is entered into between the Ciry of Saint Paul, hereinafter referred to as the Employer and the United Association Pipefitters Locai Union No. 455, 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 City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goaS depends not only on the words in the Agreement but rather primarily on attitudes between peopie at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. ii q�_� ARTICLE 1 - PURPOSE L 1 The Empioyer and the Union agtee that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; l.l(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 Empioyer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 24 (SEVERABILITY). -1- � �D" � ARTICLE 2 - RECOGNI'I'ION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel in the classes defined in Append'uc A as certified by the Bureau of Mediation Seroices in accordance with Case No. 73-PR-480-A dated April lb, 1973, if those personnel meet the statutory test for inclusion found in M.S. f�iL'7� -2- �E�j°� ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shaii remain with ihe Employer to el'uninate, modify, or establish following written notification to the Union. �c� ��"� ARTICLE 4 - Ln\ION RIGHTS 4.1 The Employer skalt deduct an amount necessary to cover monthly Union dues fmm the wages of empIoyees who provide written authorizauon for such a deducrion. These deductions shall be remitted as directed by the Union. 4.1(i) The Employer shall not deduct dues for any other labor organization from the wages of employees covered bq this Agreemeat. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of trris 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 rights and responsibiliries as designated in Article 21 (GRIEVANCE PROCEDURE). 43 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/fier designated representative, shall be permitted to enter the facilities of ttte Employer where employees covered by this Agreement are working. � �L� ARTICLE 5- SCOPE OF TI� AGREEMENT 5.1 Tlus Agreement establishes the "terms and conditions of employmenY' defined by M.S. 179.63, Subd. 18 for all employees exciusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. -5- ��;"`f ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regular employment status shall serve a s'vc (6) months probationary period during which tune the employee's fimess and abiliry to perform the duties and responsibilities of the position shall be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 61(2) An employee teruiinated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(i) At any time during the promotional probationary period an employee may be demoted, at the discretion of the Employer, to the employee's previously held class without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demouon, a copy of which shall be sent to the Union. � �� ARTICLE 7- PHII.OSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall 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 11 (WAGES) and 12 (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. -7- a�-� ARTICLE 8- HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirry _ (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecuuve normal work days Monday through Friday. 83 If, during the term of tttis Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees to immediately enter into negotiations to establish such conditions. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the locauon designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work locauon until the end of the established work day unless otherwise d'uected by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (CALL IN/CALL BACK). 8.7 Employees reporting for work at the established starting rime and for whom no work is available shall receive pay for two (2) hours, at the basic hourly nte, unless notification has been given not to report for work prior to leaving home, or during the previous work day. �� —�d ARTICLE 9 - OVERTIME 9.1 Ail overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim will oe honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Tune worked in excess of forry (40) hours in a seven (7) day period. 9.3 Far the purposes of calculating overtune compensation overtime hours worked shall not be "pyramided," or compounded. No employee shall be paid twice far the same hours worked. 9.4 Overtune hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. � ��` � ARTICLE 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has started a normaI work day or normal work week and after an employee has completed a normal work day or normal work week. I0.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(i} Notwithstanding ArticIe 10.2, employees called in four (4) hours or Iess prior to their normal work day shall complete the normal work day and be compensated onIy for the overtime hours worked in accordance with Article 9 (OVERTIME). �i[i� �� ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ali hours worked by an employee. 11.2 Effective 4/27/96, ihe parties agree to calculate the hourly wages for provisional, probationary, and regular empioyees, for the classes listed in Appendix A, by dividing the temporary rate by 1.0448. Any accrued vacation not used by 4/27/96 will be paid by the City to the employee at hislher base rate (fringe benefits subtracted). The Ciry will not pay for holiday or vacation used on or after 4!2'7/96 to any employee of this bargaining unit. 11.3 Provisional, temporary, and regulaz employees shail be considered, far the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). -11- ��-� ARTICLE 12 - FRINGE BENEFTi`S 12.1 The Employer shall make contributions on behalf of and/or make deductions from t�� wages of employees covered by this Agreement in accordance with Appendix D for a11 hours worked. 12.2 Employees covered by the rates in Item 2 of Appendix C shall be eligible for ten paid holidays and 160 hours of paid vacation in accordance with the St. Paul Salary Plan and Rates of Compensation. These rates have been reduced by an amount equal to the cost of granting such amounts of paid hotiday and paid vacation. Effective 4/27/96, this article will no longer be in effect. 12.3 Employees covered by ihe rates in Item 3 in Appendix C sfiail be eligible for ten paid holidays in accordance with the St. Paul Salary Plan and Rates of Compensation. These rates have been reduced by an amount equal to the cost of granCing such amount of paid holidays. Effective 4/27/96, this article will no longer be in effect. 12.4 Employees hired as a provisional, probationary or regular employee on or after September 1, 1991 shall be required to elect under which Item in Appendix C of this Agreement he/she wi�l be covered, Item 2 or Item 3. Item 1 pertains to temporary emptoyees and may not be elected by employees under this Article 12.4. The employee must make the election at the time of hire and the results of the election shall continue to apply for the durarion of the employee's empioyment with the Employer. Effective 4/27l96, this article will no longer be in effect. �iy� � ��- � ARTICLE 13 - SELECTION OF FOREMAN AND GENERAI, FOREMAN _ 13.1 The selection of personnel for positions in the class of L,ead Pipefitter shall remain solely with the Employer. 13.2 Positions in the class of L.ead Pipefitter shall be filled by employees of the bargaining unit on a "temporary assignment. " 13.3 All °temporary assignments" shall be made only at the direction of a designated Employer supervisor. 13.4 Such "temporary assignments" shall be made only in cases where the position is vacant for more than one (1) normal work day. -13- � ��" � ARTICLE 16 - ABSENCES FROM WORK 16.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 16.2 Failure to make such noufication may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 16.3 Failure to report for work without notificauon for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. ��-f� ARTICLE 17 - SE1vIORITY 17.1 Senioriry, for the purposes of this Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regular and probationary service with the Empioyer from the last date of employment in any and all class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was fust appointed to a class title covered by this Agreement. 17.2 Senioriry shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid off by class title within each department based on inverse length of "Ciass Seniority." Bmployees laid off shall have the right to reinstatement in any previously held lower paid class tide, covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 17.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. -17- ��'� ARTICLE 18 - JURISDICTION 18.1 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. 18.2 The Employer agrees to be guided in the assigilrilent of work jurisdiction by any mutual agreements between the unions involved. 18.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Empioyer 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. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 18.3 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDURES). 18.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. �iE:� ��-� ARTICLE 19 - SEPARATION 14.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 19.1(i) Resignation. Employees resigning from employmenY shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.1(2) Retirement. As provided in Article 14. 19.1(3) Discharge. As provided in Article 15 (DISCTPLINARY PROCEDURES) 19.1(4) Failure to Report for Duty. As provided in Article 16 (ABSENCES FROM WORK). 19.2 Employees other than regular employees who have successfully compieted their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. -19- ��^� ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Empioyer in writing of the name of the Steward and of hisiher successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by ffie 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 grleving 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 supervisox to be absent to process a grievance and that such absence would not be detrnnental to the work programs of the Employer. 21.3 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Secuon 153 (DISCIPLINARY PROCEDURES), for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in confoanance with the following procedure: Step 1. Upon the occurrence of an atleged violation of trus 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 5tep 2 by the Union. The written grievance shall set forttx u�e 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) calendaz 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. -21- '��b`�' ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of ttris 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 refened in writing by the Union within seven (7} calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within sevea (7) calendar days following receipt of a grievance referre@ from Step 2 a designated Employer supervisor shatl meet witti the Unian Business Manager or his designated representative and attempt to resoIve the gtievance. 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 resu2t 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 following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after ttte response of the Empioyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an azbivator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has beeu given. If the parties fail to mutually agree upon an arbitrator wiifiin the said seven (7) day period, either parry may request the Public Employment Relations Boazd to submit a panel of five (5) arbitrators. $oth the Employer and the Union shall have the right to strike two (2) names from the panel. The Uaion shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wilt be repeated and the remaining person shall be the arbivator. -22- �'I��'� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shail consider and decide only the specific issue submitted in writing by the Employer and the Union and shail have no authoriry to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions conuuy to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days foilowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbivator'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. 21.6 The fees and expenses for the arbivator's services and proceedings shail be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time lirnits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. -23- ��" � ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any time during the durarion of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reducuon of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the imention to sub-conuact. 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013 -24- `��"� ARTICLE 23 - NON-DISCRIlVIINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrunination for or against any individual because of, race, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -25- ��-� ARTICLE 24 - SEVERABILTTY 24.1 In the event that any provision(s) of this Agreement is declazed to be concrary to law by proper legislative, adminisuative, or judicial authoriry from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. Atl other provisions shall continue in full force and effect. 24.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. -26- ��` � ARTICLE 25 - WAIVER 25.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement each had the right and opportuniry 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. 25.2 Therefore, the Employer and the Union agree for the duration of this Agreement that the other party shall not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutuaIly agree to modify any provision of this Agreement. 25.3 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. -27- ��`� ARTICLE 26 - CTTY MII,EAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapfer 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City ofFicers and employees for the use of their own automobiles in the pezformance of their duties, the following provisions are adopted. 26.2 Method of Computauon: To be eligible for such reimbursement, all o�cers and employees must receive written authorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in perfornung the duties of the employee's position. In addirion, the empioyee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternunes that an employer vehicle is available for the employee's use but the employee desires to use hislher own automobIle, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGiTLARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representarive determines that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. � ��- � ARTICLE 26 - CITY MII,EAGE (Continued) - 26.3 The Ciry will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement pians who are reguired to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and fiu-ther require that they maintain automobile liabiliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shail be maintaaned on file with the city clerk. -29- ��-� ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless and indemnify an employee and/or his estate against any claun or demand, whether groundless or otherwise, arising out of an alIeged act or omission occuning in the performance and scope of the employee's duties. 27.2 Notwithstanding the provisions of Article 2'71, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, fmding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate acrions brought against such employee in response to or resulting from claims, allegatioas, demands or acrions (whether or not litigation was actnally commenced) bronght, made or instituted by such employee. 273 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at its sole discretion defend an employee allegations, claims, demands or actions wholly or in part based on or arising out of cIaimed intentional torts, and in such cases, the employee may consent to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 27.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, or (2) a judgment, verdict, fmding or detennination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Ciry by giving written nouce thereof to the Office of the City Clerk. -30- I •�� ARTICLE 28 - UNIFORM ALLOWANCE 28.1 A uniform allowance base of three hundred and fifry-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for all inspection employees of the Fire Prevention Division of the St. Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this clothing allowance shall be defined by the Empioyer. -31- `1� `� ARTICLE 29 - DURATION AND PLEDGE 29.1 This agreement is effective the date of signing by the Employer and the Union and shall remain in effect through the 30th day of April, 1997, and shall continue in effect from year to year thereafter unless notice to change or to ternunate is given in the manner provided in Article 29. 29.2 If either parry desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shaIl give written notice to the other party, not more than ninery (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may onty be so teiminated or modified effective as of the expiration date. 29.2(1) Notwithstanding Article 29.2, the Employer and Union agree to reopen this Agreement no later than May 1, 1996 to negotiate Articles 11 and 12. 29.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances conceming its applicauon or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: �c7r•� �� ARTICLE 29 - DURATION AND PLEDGE (Continued) 29.3(i) 29.3(2) 29.3(3) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. The Employer will not engage in, instigate, or condone any lock-out of employees. This constitutes a tentative agreement between the parties which wili be recommended by the Ciry Negotiator, but is subject to ffie approval of the Administration of the City and the City Council and is also subject to ratification by the Union. AGREED to this 15th day of December, 1995 and attested to as the full and complete understanding of the parties for the period of tirne herein specified by the signature of the following representative for the Employer and the LJnion. WITNESSES: CITY OF SAINT PAUL '$� Mary H. Keamey Director of Labor Relations UNITED ASSOCIATION PIPEFITTERS LOCAL UNION NO. 455 iIl'%�� " �� Steve Tufenk Business Representative -33- �C� - �--� APPENDIX A The classes recognized bv the Employer as being exclusive]y represented by the Union are as follows: Lead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter and other classes that may be established by the Employer where the duties and responsibilities assigned are determined by ihe Bureau of Mediation Service to be appropriately represented by this bargaining unit. �! ��_ APPENDIX C - i. The basic hourly wage rates for temporary employees appointed to the following classes shail be: . Effective Effective 4-30-94 5-27-95 MechanicalInspector'�` . . . . . . . . . . . . . . . . . . . . . . . . . . . $25.11 $25.71 Senior Mechanical Insp.-Pipefitter�` . . . . . . . . . . . . . . . . . . . $26.11 $26.71 The basic hourly rate for temporary employees whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be ffie above temporary rate divided by 1.0448. 2. The basic hourly wage rate for provisional, probationary and regular employees appointed to the following classes who have elected to be eligible for paid holidays and vacation in accordance with Article 12.2 of this Agreement shall be as follows: Effective Effective 4-30-94 5-27-95 Mechanica] Inspector** . . . . . . . . . . . . . . . . . . . . . . . . . . . $21.2b $21.76 Senior Mechanical Insp.-Pipefitter�=* . . . . . . . . . . . . . . . . . . . $22.11 $22.62 3. The basic hourly rate for provisional, probationary and regulaz employees appointed to the following classes who have elected to be eligible for only paid holidays in accordance with Article 12.3 of this Agreement shail be as follows: Effective Effective 4-30-94 5-27-95 MechanicalInspector�`** . . .. . . . . . . . . . . . . . . . . . . . . . . $23.10 $23.66 Senior Mechanical Insp.-Pipefitter*** . . . . . . . . . . . . . . . . . . $24.03 $24.58 The rates in Item 3 in this Appendix C shall be applicable for all employees appointed to the ciass of Mechanicai Inspector on or after 3uly 1, 1990. * This rate includes the $4.83 oer hour taxable contributions listed in Appendix D. Effective May 27, 1995 this rate includes $4.93 per hour taxable contribution. *'�` This rate includes the $4.83 per hour taxable conuibutions listed in Appendix D and reflects 8Q hours of paid holidays and 160 hours of paid vacation. Effective May 27,1995 this rate includes $4.93 per hour taxable contribution. **'� Thls rate includes the $4.83 per hour taxable contributions listed in Appendix D and reflects 80 hours of paid holidays. Effective May 27, 1995 this rate includes $4.93 per hour taYable contribution. -Cl- Q�-+� APPENDIX C (Continued) In the event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that aze listed in Appendix D increased or decreased during the contract period, the basic hourly wage rate shall be reduced or iacreased by the same amount so that the total cost to the Employer remains uncfianged. -C2- ��+� � " �� ►, � Effective Aprii 30, 1944, the Employer shall: (i) Contribute to a Union designated Credit Union $4.82 per hour, for which a payroll deduction has been made, for all hours paid to employees. Effective Apri127, 1996, the parties agree to transfer $0.57 of this fund to the base wage. (2) Contribute to a I3nion designated Working Fee F�nd $.Ol per hour, for which a payroll deduction has been made, for all hours paid to employees. Effective May 27, 1995 this contribution wiil be $.11 per hour. (3) Conuibute to a Union designated Health and Welfare Fund $2.78 per hour for all hours paid to employees. Effective May 27, 1995 this contribution will be $291 per hour. (4) Contribute to a Union designated Pension Fund $3.50 per hour for all hours paid to employees. Effective May 27, 1995 this contribution will be $3.90 per hour. (5) Contribute to a Journeyman and Apprenticeship Training Fund $.11 per hour for all hours paid to employees. Effective May 27, 1995 this contribution will remaua at $.11 per hour. (6) Contribute to a Generai Bene�it Fund $.03 per hour for all hours paid to empioyees. Effective May 27, 1995 this contribution will be decreased to $.00. Ali contributions made in accordance with this Appendix D sha11 be forwarded to the Twin City Pipe Trades Service Association. The Empioyer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is limited to the contributions and{or deductions estabiished by this Agreement. 'The actual level of benefits provided to employees shail be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions andlor deductions. �3� ��"� APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS, MECHANICAL INSPECTORS, REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS As a result of the 1974 settlement, the Parties have established craft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and. Gas Burner Inspectors, with specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of the Maintenance L,abor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classificauons as weil as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional clauns or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. - El-