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96-49��(�'_�� : Lios'e:'•. SAINT Presented Referred To 1 2 3 Council File # ql � Green Sheet #�� MINNESOTA 1� Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1995 - 1997 Agreement between the Independent School District No. 625 and the Minnesota Cement Masons, Plasterers and Shophands Loca1633. Requested by Deparhnent of: Bos Guerin Aarris Megazd Rettman Thune � Adopted by Council: Date Adoption Certified by Coum By: Approved by Ma ate By: Office of Labor Relations B� � - m � Form Appr ed by ' o ' /f By: �..f / Approve Mayor r Su ssio Co cil BY � � �.'�- DEPARTMENTlOFFiCE{COUNCIL: LABOR RELATIONS CONTACT PERSON & PHONE: Mf1RY H. KEARNEY 266-6495 MI7ST BE ON COUNCIL AGENDA BY (DATE) TOTAL#OFSIGNATURE � DA7E IN17'IATED GREEN SHEET No.: /� 01-03-96 3578z ,+� PIITIAIJDATE 3N37TALRIATE t�/ ASSIGN 1 DEPARTMENT DIR. 4 CITY COUNCIL NUh1BER 2 CITY ATTORNEY CITY CLERK FOR B[JflGET DIIt FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCATIONS FOR SIGNAI'URE) ncnox xeQUESrEn: This resolution approves the attached 1995 - 1997 Agreement between the -�'�'e�dent School District and the Minnesota Cement Masons, Plasterers and Shophands Loca1633. �� 04 �s3s RECOMMENDATIONS: Approve (A) or Reject (R) ^ PLANNING COMMISSION _CML SERVICE COMMISSION CSB COi�IJiITTEE STAFF DISTRICT WURT SUPPOR7'S WHICIi COUNCIL OB3ECTIVE? PERSONAL SERVICE CONfRACTS MUST ANSWER THE FOLL0�1'ING QUESTIONS: 1. Has this persmJfiim ever worked under a contract for this departrneni? Yes No 2. Has tLis person/firm ever 6een a city employee? Yes No 3. Does this personffian possess a skili not normally possessed by any current ciry employee? Yes No Explain all yes snswers on separate sheet and atfach ta green s6aet INTTIATING PROBLEM, ISSUE, OPPORTI3NTTY (Who, Whay When, Where, WLy): See Attached. This Agreement pertains to Boazd of Education employees only. ADVAN"PACESIFAPPROVED: �'�2'?:°�'t ; - �,; -`° `''�� : � ,� REtEI�'E� �rt:E . t�, �aan o4 �� DISADVANTAGES IF APPROVED: DIS.ADVANTAGES IF NOT APPROVED: �.�� TOTAL AMOUNT OF'I'RANSACTION: $ FLJNDIIVG SOURCE: COSTfREVENIJE BUDGETED: ACTIV77'Y NUMBER: FllVVANCLIL INFORMATION: (EXPLAA� " � I .l I '� �'''� N{?7,'E. � CQMPYETE DIRECTfOi3S AttE INCLUDED IN Tf� GREEN'SHEET IN�SFRUCTId1�YAL. MA1�I,FJP:L AVATI.ABI:E IN THE `, �� ' � . . RL'FRCR3ASS1^IG OFFfCE (PH4NE NO� 266-890,0). ' � , . , ' , � %, ' , , � � � � � , . . � *,, . " . , ' . � , , � , � � . . , , . � ' � . RO[IIINC� ORDE&.: � . . . . , � � � ' _ '�' ' , , ` , �, , � � ' , , ' , � , . �. , , , � . � , . '' Below aze cornct,%uangs for,the five most frequenttypes,of doe�mments: �� , � � ,� , , � , � - , . � , , . �, , . ' , CONTRAC�'S(assumes�autUorized;budgeYexists)� � � � � , COSlI3CII.1tESOLi3;IYON(.4tr�end13vdgeFS/Accept Grar�Cs) ' � l:� Otrtside,A€S�!�Y " ' �� , ' ', �� 2.� �DepatlmeatlD'ubctor; � , � , . , � � ' � � ' 2. IYepar,tm'atrDi"rector � ' , � � � ' 2. , Budgetlp'vectox � . . . � - .., , , 3 � � Ciry Attomep, � � . � � � � � , . , 3. � ' Citp Attoiaep ; ' . , , , ' � � 4_� .11!'ayor;�forcontracispver$1S,Of10)� , i� . . 4: ; 14f�orl.4ssi'sta,'itt . , ' , , � � � 5. � Rnman Rights'(far cont�ac',ts ova $50,000}.' ' ' � 5: , CiKy CQUncit � , , �' �6' Finauce and Ntanagement,S�ervices Birectos ' ' ,` 6.' ChieFAccoitnt�t, Finaace'azut,Ivlanagement Service`s . � � . � �7_ , Fiaante AccbuTeAng � � � � � ., „ , , ' , " � '' � , , , , , , , , � . ,�, � � , � � �i , � ' ADMfNISTRA'ITVE ORDERS (Budget.Itevision) "' �COIJNCII. RESOLUTLON'(ail others, and Ordinances)' ' , , }, Acfivitp'�Ivkanager' � � � � '. � ,1. Departrnenf�Directof ' , ' - � , � � �, . 'Z � DepaitinneFit Accouniant � ' ' ' � , , , 2. ' Cify Attocnej= � � ' � � � � � , � � �. 3. �epartmen[ S�ire'ctqi � , ' 3 2�yor/b4ssistant . � � � � , 4.� $u,dgeiDirectoc � , ' , Q. ��C"�Coum'a'�`' � � � ,, �. 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' , , 4. .Gritv��1er�,, � , , ' ' , " , , � , ' �, � ,. � " � , � � ,. , �.i ; ;` „ �„r � '� � , ,. , ; , , . n '; � � �� TOTALtQU�I�4SEI�,OF�SIGh1ATU{EEPAGES� ��,� � �+�,� �� n , � � ,, InQicate t}ee'��- of pages'on �hich sigeiaNres are requirzd apd'paqerchp onHag wc6 oE"these pages, : � � �� ACTTONREQLFES�`ED'� � �� ' � �� ,; I7escribe ��+`�hat tbe proj,ectrrequesE seeks to accom�zlish in ei'ther'chronqtogicat order or otder of 4mpoitanSe' �whiclieve�' is mos[ appropriatG for , ' � � �the�issue'.;Do�notwritecompietesseqxeoces:, Begn�eactii�-ivyouriisCw�itTta�verh.�,:�� ' � � � � �� ' � ��'RECOhY��rifDA'FtONS � � � � � � — '"� � Compkete�ifthe issue in quesvon has been presented before,-any body publ5c oa privaze.' , , ", . ' ., � � ,. �, , . „ . � . �, � , . �� , � , , , � ,' S[7PP(JRTS Wb3SCH. COUNC3I:,'OS3EC'I'1VE. , � , , � , , � , �., � . , . , � � �Indicate�achiclicouncitob�ecave(s}�votrz�praleedreqnestsupportshy,hstingtheicey�woiRfi(s)��F1.OUSI.�IG ItECREA3TO,N,�,,��, � � � '.'NEI('i,HBORHOQDS.�ECONbMTC�DES`�ELf7PMENT,BiID'GET,SE �VJER'SEPARATIfll+�. (3E�CQMBLBTE�LLST�PN � � � � � ? � � � � t � � �� ' IN5TRL3CFIO�NAI.r,MsSMIAL � ., �� „ � , �EE1tS�NAt.�SERzXIC�,CONTI�ACTS � � �.', �' �'fhis infozmaEcan� wilT be� used'to aeteimene the ci'ry s Labilitp,for workas compeasatron.cla}ms,'�t�;esand proper'civik suuicehamg rule,s. �` � II3I7 LLTING NROBL€M F$SLIE; OEPOR7'I3NITY � ; ExpIzin�the�sicvation'or�'co¢dfrians't'�atceeateda'needforyovrpro�eckorrequett. � � ' , .— � r�° � � , AllVt4,?,."LAGES ff`A2PROVED �, , , ' " � �" ' ° „ � � � , , ' . � �� "IndicaYe� whetherffiis i's sempky aei annvaE brrdgeYprocedure iequaredby laivfch'arter or' iuhether tlsere'aie specific.uiays in wh'tcli ihe Ci�}^. of ' �� SaiutPau[anditvcitiunswilt'ben�cfrom�thisprojectlaction. � � ", � ; ., ,� , , ,. . ,;�. , �� , � , '; �� , �^`. `'��' � ";' , �' Vlhaf negative effecYS oF sna�or chateges fo existing or pas[ pr'ocesses m1gM fhu gro)ectr,rtquest produ'ce rf"at xs pas'sed(e � ftaff'rc d�lay� noise, - : ta�c fncre�ases as� assessmenu}� To 4�om'�'R�h'en? £or howdongh , , � � , ; � . � „ �� . � �,,'�� i ^�,�i'r� i , � �� DISAD�'Ah'TAPiES tF-NOT rSPPROVEII, � , � ' ' �� hai wil!' 6e �the'negatiLe cansequences if tkie'promised acEion� �is+wt'-appio'ved`r� � Inat�i}y to d'eliver�service� GonUnued hig}i�'ftafC�c. no3se; ;; � accidBnrrate? L6ssdSrevenue?' � � ' ' ' � ` , , , ., , , . , . , i'' , � - ,— � � Ff1�tANC�?-ItuIP��'f. � �� , � � � ,'! �� '� ltltlto 'ugB ypee mnsc faefor the mfocntarion you pro'rzde Lere ta tfie vssue yo�,lsre �ddresSir�g, � geneta'3�g,ou mtYst ausw�rflva qu�suPns Hoip �, , '., _„ �, ,. . �.. , r - mach s ff.g�owg Yo cosE? '6iC�o is gai�pg to pay�` � � � � � � `� � . � ' � �' ' .�� t '' ` � ' r ' � ,., ' �1 r � � 7 1 , � .'. rl � � � � ( , � r '� ., �'.. � .�� . i, �.� , r��nl�.�i u�7��k�vhhlT��T ) � i1 . d lni C Ae� �.�..I�rY��,h,� ^ 4 �li,r.��.� ��i,.'.�I� �j :l 1 ti T �.�� i�:'1l L — NEGOT/AT/ONS/LABOR RELATIONS SA/NT GAUL PUBLIC SCHOOLS 360 COLBORNE STREET ST. PAUL, MN 55102-3299 (6f2) 293-5151 FAX (612) 290-833i MEMORANDUM TO: FROM: DATE: SUBJECT: c�op� Mary Kearney Gity - Otfice of Labor Relations Phyllis E. Byers Richard Kreyer June 29, 1995 Labor Agreement between independent School District No. 625 and Minnesota Cement Masons, Plasterers and Shophands Lcoai fi33 Enclosed are three copies of the above contract for the duration of May t, 1995 through April 36, 1997. Also, enclosed is a copy of the agenda request approved by the Soard of Education on May 2, 1995. 11c �� Enclosures - 4 WDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: New Agreement is for the two-year period May t, t995 through Apri130, 1997. ��-�q TOPIC: Approval of an employment agreement with Minnesota Cement Masons, Plasterers and Shophands Local No. 633 A. PERTINENT FACTS: 2. � :� May 2, 1995 The language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated refere�ces. The District has no regular FTE in this bargaining unit. Cement finishing employees are hired for various short-term temporary projects. Wage and benefits changes refiect prevailing wage. 5. This request is submitted by Richard Kreyer, NegotiationslLabor Relations Assistant Manager; Phyllis E. Byers, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superi�tendent, Fiscal Affairs and Operatio�s. B. RECOMMEfVDATION: That the Board of Education of independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empioyment of those employees in this school district for whom Minnesota Cement Masons, Plasterers, Shophands Local No. 633 is the exclusive representative; duration of said Agreement is for the period of May 1, 1995 through April 30, 1997. �i� • � � J INDEX ARTICLE 1 2 3 4 5 TITLE P reamb l e .................................................................................. PAGE Purpose........................................................................................... Recogn ition ...................................................................................... EmployerRights .............................................................................. UnionRights .................................................................................... Scope of Agreement .......................................................................... ►� 1 1 1 2 2 6. Probationary Periods ...................................................................... 3 7. Philosophy of Employment and Compensation ................................ 3 8. Hours of Work ................................................................................. 4 9 . Ove rtime .......................................................................................... 5 10 Call Back .......................................................................................... 5 1 i. Work Locaiion ................................................................................. 6 12. Wages ............................................................................................. s 13. Fringe Benefits ................................................................................ 7 14. Selection of Lead Cement Finishers ................................................. 7 15. Holidays ........................................................................................... 8 16. Disciplinary Procedures ................................................................. 9 17. Absences from Work ....................................................................... 9 18. Seniority ......................................................................................... 10 19 Jurisdiction ..................................................................................... 11 20. Separation ....................................................................................... 11 21. Tools ............................................................................................. 11 22. Grievance Procedure ....................................................................... 1 2 23. Right of Subcontract ........................................................................ 1 4 24. Nondiscrimination ........................................................................... 14 25. Severability .................................................................................... 14 26. Waiver ............................................................................................. 15 27. Mileage - Independent School District No. 625 .............................. 1 5 28. Duration and Pledge ......................................................................... 1 6 RppendixA ...................................................................................... A1 AppendixB ...................................................................................... B 1 AppendixC ....................................................................................C1-C2 AppendixD ...................................................................................... D1 � ��-�q • PREAMBLE This agreement is entered into between Independent School District No. 625, hereinafter referred to as the Empioyer, and Minnesota Cement Masons, Plasterers and Shophands Local 633, hereinafter referred to as the Union. The Employer and the Union concur that this agreement has as its objective ihe promotion of the responsibifities 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 onfy on the words in the agreement but rather primarily on attitudes between people at all leveis of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. �J � q�-�� _� � ARTIC�E 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 relaiions, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1 .3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this agreement without loss of productivity. 1.2 The Employer and the Union agree that this agreement serves as a supplement to Iegislation that creates and directs the Employer. If any part of this agreement is to conflict with such legislation, the latter shali prevail. The parties, on written notice, agree to negotiate that part In conffict so that it conforms to the statute as provided by Article 25 (Severabiliiy). ARTICLE 2. RECOGNff10N 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for alI personnel having an employment status of regular, probationary, and temporary employed in the classes of positions defined in 22 as certified by the Bureau of Mediation Services in accordance with Case No.90-PCL-3162 dated February 15, 1990. 2.2 The classes of positions recognized as being exclusively represented by the Unio� are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage atl manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utifization 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 "term or condition of employmenY' not established by this agreement shall remain with the Employer to eliminate, modify or estabfish foffowing written notification to the Union." 1 a� -�q ARTICLE 4. UNION RIGHTS 4,1 The Employer shall deduct from the wages of employees who authorize such a � deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1 .1 The Employer shall not deduct dues from the wages of employees covered by this agreement tor any other labor organization. 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 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 wrifing of such designation. Such employee shalt have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shail be permitted to enter the facilities of the Employer where employees covered by this agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT � 5.1 This agreemenf estabtishes 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 "terms and conditions of empioymenY' established by Civif Service Rule, Councii Ordinance, and Council Resolution. L I 2 q� ARTICLE 6. PROBATIONARY PERIODS � 6.1 All personnel, originally hired or rehired following separation, in a regular - employment status shall serve a six (6) month probationary period duri�g which time the emptoyee's fitness and ability to perform the class of positions' duties and responsibilities shail be evaluated. , 6.1.t At any time the probationary period an employee may be terminated at the discretion of the Emptoyer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which sha0 be sent to the Union. 6.2 All personnel promoted to a higher class of positions sfiall serve a six (6) month promotionaf probationary period during which time the empioyee's fitness and ability to pertorm the ciass 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 class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.2.2 An employee demated during the promotional probationary period shall � be returned to the employee's previousfy-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. ART{CLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement tha4 the philosophy of empfoyment 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 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shall be accumuiated or earned by an employee except as specifically provided for in this agreement. � 3 �� - �q ARTICLE S. HOURS OF WORK 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a � lhirty (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 normai work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location untii fhe end of the established workday unless otherwise directed by their supervisor. 8.6 Ali employees are subject to cali-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 shali 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. � � 4 ��"�� , ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization firom a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime ciaim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: 9.3 9.2.1 9.2.2 Time worked in excess of eight (8) hours in any one normai workday, arx! Time worked on a siuth (6th) day following a normal work week. The overtime ra4e of two (2) times the basic hourty rate shall be paid for work pertormed under the following circumstances: 9.3.1 9.3.2 Time worked on a holiday as defined in Article 15.6 (Holidays). Time worked on a seventh (7th) day tollowing a normal work week. 9.4 � 9.5 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime hours worked as provided by this article shall be paid in wages or in compensatory time as determined by the Employer. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an emptoyee has started a normal workday or normal work week and after an employee has completed a normal workday or normaf work week. 10.2 Employees called back shall receive a mi�imum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a cali-back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to ihe minimum established by iQ.2 above. � 10.4 Employees calied back fiour (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). � 5 �� ARTICLE 1 1. WORK LOCATION � 11 .1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, empioyees may be assigned to other work locafions at the discretion of the Employer. ` 7 1.2 Employees assigned to work locations during the normal workday oiher than their original assignment, and who are required to fumish their own transportation, shali be compensated for mifeage as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12,1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Reguiar emp(oyees and temporary empfoyees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf for by Article 13.1 (Fringe Benefits). �� q�-�� ARTICLE 13. FRINGE BENEFITS � 13.1 The Employer shafl make contributions on behalf of and/or make deductions firom the wages of employees covered by this agreement in accordance with Appendix D for ali hours worked. 13.2 The Employer will for the period of this agreemeni provide, for those employees who were hired prior to February '15, 1974, and who were eligible for the Employer's Health and Welfare premium contributions and who have retired since May 8, 1978, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage untii such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the empioyee must: 13.2.1 Be receiving benefits from a pubiic employee retiree act at the time of retirement. 13.2.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree p{ans. 13.2.3 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 etigible for early retiree insurance benefits. 13.3 An empfoyee who retired at age sixty-five (65) or later and who met the criteria in 13.2, or fior early retirees who qualified under 132 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. ARTICLE 14. SELECTION OF LEAD CEMENT FINISHERS 14.1 The seleetion of personnel for the class of position Lead Cement Finisher shalf remain solely with the Employer. 14.2 The class of position Lead Cement Finisher shall be filled by employees ot the bargaining unit on a"temporary assignment:' 14.3 Ail "temporary assignments" shall be made only at the direction of a designated Employer supervisor. i 4.4 Such "temporary assignments" shall be made only in cases where the class of � positions is vacant for more than one (1) normal workday. � 7 �� ARTICLE 15. HOLIDAYS 15.1 The foliowing ten (10) days shail be designated as unpaid 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 i i 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 shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shali 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 (Cap Back). 7 5.5 Employees 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 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees entitled to a holiday shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and supervisor. f 5.8 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time during the fife 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 shal! be deleted from the holidays list as set forth in Article 15.1. � � C� [3 ARTICLE 16. DISCIPLINARY PR�CEDURES a�� • 16.1 The Emp{oyer shali have the right to impose disciplinary actions on employees forjust cause. 16.2 Disciplinary actions by the Employer shaN include only the foilowing actions: � � 16.2.1 Oral reprimand; 16.2.2 Writte� 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 shafl not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. 17.1 Empioyees 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. ARTICLE 17. ABSENCES FROM WORK 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Discip{inary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Empioyer on the part of the employee. 0 Q�� ARTlCLE 18. SENIORffY 18.1 For the purpose of this article ihe following terms shall be defined as foilows: i 8.1.1 The term, "Employer," shall mean lndependent School District No. 625, Saint Paul Public Schoois. 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 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 ciass 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 of appointment to a School District position in that title and begins to be calcufated from fhat date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated layoff withirt the twenty-four (24) month recalt rights period specified in 18.4. This definition of class seniority shall be used for all layoff decisions. 18.2 Seniority shail not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees wiil be laid off by ciass fitle within each Department based on inverse length of "Class Seniority:' Employees laid off by the Employer shall have the right to reinstatemer�t in any tower-paid ctass title previously held which is covered by this agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after 24 months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shail apply. This provision does not address any rights the employee may have to be recalled to any other emptoyer. 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. � � � 10 d� ARTICLE 19. JURISDIGTION � � � 19.1 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 mutuai agreements befiveen the unions invoived. u 19.3 In the event of a dispute concerning the pertormance or assignment of work, the unions invoived and the Empioyer shaii meet as soon as mutualiy possible to resoive the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispuie, or restrict the Employer's basic right 10 assign work. t 9.4 Any employee retusi�g 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 20.1 Employees having a probationary or regular empioyment status shall be considered separated from empfoyment based on the following actions: ARTICLE 20. SEPARATION 20.1.1 Resignation. Employees resigning from employment shall give written notice fourteen (14) cafendar days prior to the effective date of the resignation. 20.1.2 ischar e. As provided in Articfe 16. 2�.1.3 Failure to Reoort for Duty. 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 Alf employees shall personally provide themselves with the tools of the trade as listed in Appendix B. 11 ai�-�� 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 shalf nofify 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 empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing af grievances, which are defined as an al(eged violation of the terms and conditions of this agreement. 22.4 Grievances shall be resotved in conformance with the foilowing procedure: Siep 1" Upon the occurrence of an alleged violation of this agreement, the employee involved shatl 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 informa! 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 ihe relief requested. Any alleged violation of fhe 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 shoutd have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shatl 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 following �eceipt of the Employer's answer shall be considered waived, � � r L� 12 �i�'�q ARTICLE 22. GRIEVANCE PROCEDURE (continued) � t 3. Within seven {7} cafendar days to{lowing receipt of a grievance refierred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve tfie grievance. Within seven (7) calendar days � fiollowing this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming the grieva�ce. If, as a result oi 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 sfial{ 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 wiihin 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 panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. 7he Union shafl strike the first (1st) name; ihe Employer shall then strike one (1) name. The process will be repeated and the remaining pe�son shall be the arbitrator. � 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the prov+sions 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 inconsisteni with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arpitrator's decision shall be submitted in writing within thirty (30} days foNowing ciose of the hearing or the submission of briefs by the parties, whichever be later, 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 services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record ofi 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. � 13 a� 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 evenf thaf such contracting would result 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 in ail cases be made oniy to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the generai public. � ARTICLE 25. SEVERABlLITY 25.1 In the event that any provision(s) of this agreement is declared to be contrary to law by proper legislative, administrative or judiciai 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. � 14 Q% � ARTICLE 26. WAIVER 26.1 The Empioyer and the Union acknowledge ihat during the meeting and negotiating which resulted in this agreement, each had the right and opportunity to make proposais 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 fu{ly and comp{ete{y set forth in this agreement. 26.2 Therefore, the Employer and the Union for the duration of this agreeme�t agree that the other party shalf not be obligated 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 afl prior ordinances, agreements, resofutions, practices, poficies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this agreement, are hereby superseded. AR7ICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Empioyees 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 the following plan. PLAN "A" is reimbursed at the curreni Board of Education approved mileage rate or 28� per mile whichever is more. In addition, a maximum amount which can be paid per month is estabiished by an estimate furnished by the employee and the empioyee's supervisor. Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. � 15 �� ARTICLE 28. DURATION OF PLEDGE 28.1 This agreement shait become effective as of the date of signing, except as � specifically provided in Articles 12 and 13, and shall remain in effect through the 30th day of April, 1997 and continue in effect from year to year thereaRer 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 oYher 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 )n consideration of the terms and conditions of employmeni esiabiished by this agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the agreement: 28.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wiilfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, iaithful performance of their duties of employment. 28.3.2 The Employer will not engage in, instigate or condone any lockout of � employees. 28.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratificatio� by the Union. � 16 ARTICIE 28. DURATION AND PLEDGE (continued) �� "`�--�I � Agreed to this � � day of �A`' , 1935, and attested to as the fuil and compiete understanding of the parties for the period of time herein specified by the signature of the fo{lowing representatives for the Emp{oyer and the Union: ♦ � � �I WRNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 �' �)� � f � .-� Neg tiations/Labor Relat ons Manager Negotiations/Labor Relatio Assistant Manager �' _� Date Date Cg > -� l sl; � �,-� -Ct� MiNNESOTA CEMENT MASONS, PLASTERERS AND SHOPHANDS LOCAt NO. 533 ,�� c��.�� Business Representative �S- ( - �i Date 17 �� APPENDIX A The classes of positions recognized by the Empioyer as being exclusivety � represented by the Union are as foAows: Cement Finisher Apprentice-Cement Finisher 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. A1 � � a�-� APPENDIX B � All necessary hand toois. � � B1 q� APPENDIX C C-1. The totat 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 foilowing amounis: Effective 4-29-95 Cement Finisher $26.85 Effective 4-27-96 $27.90 C-2. The total taxable hourly rate including wages and the vacation contribution in Appendix D and exctuding aii other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the fottowing ctasses of positions shall be as follows: Effective 4-29-95 Cement Finisher $20.09 Effective 4-27-96 . i ♦ L� C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation analysis purposes only. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NdT include taxabie benefits contributions and therefore shouid NOT be used for taxabie payroll calculations. See Appendiz C-2 above for total taxabie payroll information. Effective 4-29-95 Effective 4-27-96 Cement Finisher $18.09 * C1 � �� APPENDIX C (continued) • C-3. The total taxable Appendix D for positions shall be ♦ Cement Finisher houriy rate including wages and the vacation contribution in temporary empioyees appointed to the foilowing classes of Effective 4-29-95 Effective 4-27-96 $20.99 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the houriy rate of pay shall be the rate shown in this Appendix C-3 for such title divided by 1.0448. NOTES FOR APPENDICES G2 G2A AND G• ' The April 27, 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 April 27, 1996, total hourly cost stated in Appendix C-1. C-4. The basic hourly wage rates for the Apprentice class of positions: This section is held open tor the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Empioyer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way thai 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. � � �� `�� APPENDIX D Effective April 27, 1996, the Employer shall forward the amounts designated in this Appendix D for employees covered by this agreement to depositories as directed by the Union and agreed to by the Employer: ( 1) $2.00 per hour for ail hours worked from which all appropriate payroil deductions have been made to a Union-designated Vacation and Savinas Fund. ( 2) $2.46 per hour for all hours worked to a Union-designated Health and Welfare Fund- ( 3) $2.45 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $.85 per hour for all hours worked to a Union-designated Supplemental Pension Fund. ( 5) $.10 per hour for all hours worked to a Union-designated Apprenticeship Fund. The Employer contributions to Appendix C. shal! make Iegally established non-negotiated pension PERA � 4.48% of the applicahle hourly rates noied in All contributions made in accordance wflh this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. 7he Appendix D amounts shafl be forwarded to depositories as directed by the Union and agreed to by the Empioyer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees 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 employees covered by this agreement is limited to the contributions and/or deductions established by this agreement. The actual level of benefits provided to employees shaf( be the responsibility of the Trustees of the various funds to which the Employer has forvvarded contributions and/or deductions. D1 r 1 � � �