96-50.� ^� 6 F�' F n. )
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Presented
Refened To
Cauncil File # 9� 5 D
Green Sheet # �-� �
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Committee Date
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2
3
RESOLVED, that the Councii of the Ciry of 5aint Paul hereby approves and ratifies the attached
1995 - 1997 Agreement between the Independent School District No. 625 and the Carpenters District
Council of Southern Mimiesota of United Brotherhood of Carpenters and Joiners of America.
Requested by Departrnent of:
OfFce of Labor Relations
By: 1 9iv�,��-✓��-�- �. ������
a
Farm Ap oved by ' �6 ney
By: �
Approved,b� ayor fo ubm' sioi o C cil
By: � G '`^-- ---
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Approved by
By:
Adopted by Council: Date ' �,
AdoptiRn Certified by Council retary
DEPARTMENT/OFFICE/COUNCIL:
LABOR RELATfONS
CONTACL PERSON & PHONE:
MARY H. KEARNEY 266-6495
MUSf BE ON COUNCIL AGENDA BY (DAT�
DATE A*1TLITEU GREEN SHEET No.: 35781 rl� ��
01-03-96
p A1ITTAL/DATE IT7TIAL7DATE
ASSIC]V S DEPARTMENT DIIt. 4 CITY COUNCIL
NUMBER 2 CITY ATTORNEY CITY CLERK
FOR BUDGEt DIl2. FIN. & MGT. SER.VICE DIIt
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL # OF SIGNAI'URE PAGES_I (CLIP ALL LOCATIONS FOR SIGNANRE)
ncriox�QUESTEn: This resolution approves the attached 1995 - 1997 Agreement between the Independent School
District and the Carpenters District Council of Minnesota of United Brotherhood of Carpenters and Joiners of
America.
:e�GC9V�.e.
. i�. ;,�
RECOMMENDATIONS: Approve (A) or Reject (R)
_PLANNING COMMISSION _CIV[L SERVICE COMMISSIOT
_CIB COMMITTEE
STAFF
DISTRiCT COURT
SUPPORTS WFDCH COUNCIL OBJECTIVE?
P'ERSONAL SERVICE CONTRACfS MU$'P'Al'0$�'ER'�'}jE`F'dI,LOWING
QUESTIONS:
1. FIas this pecsoo/fum evet worked under a conVact for this depaxtment?
Yes No
2. Has this person/firtn ever been a city employee?
Yes No
3. Does itiis persoNfirm possess a skill not nortnatty possessed by any current city
emptoyee? Yes No
Explain all yes answers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSUE, OPPORTU7VITY (Who, W6at, When, Where, Why):
See Attached. This Agreement pertains to Boazd of Education employees only.
ADVANTAGESIFAPPROVED:
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DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOi1NT OF TRANSACTION: $
F[7NDING SOURCE:
COST/REVENUE BUDGE'I'ED:
ACTIVI'I'Y NOMBER;
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FINANCIAL IlYFORMATION: (EXPLAIt�
�j:\1ti"I �.al
�:ll L -
MEMORANDUM
TO:
FRQM:
DATE:
SUBJECT:
NEG071ATlONS/LABOR RELAT/ONS _�
SAlNT PAUL PUBL/C SCHOdLS
S60 COLBORNE STREET
ST. PAUL, MN 55102-3299
(612J 293-5151
FAX (612) 29D-8331
COO PY
Mary Kearney
City - Office of Labor Relations
Phyllis E. Byers
Richard Kreyer
June 29, 1995
Labor Agreement between Independent Schoa! District No, 625 and
Carpenters District Council of Southern Minnesota of United Brotherhood of
Carpenters and Joiners of America
Enclosed are three copies of the above contract for the duration of May 1, 1995 through
April 30, 1997. Also, enclosed is a copy of the agenda request approved by the Board of
Education on May 2, 1995,
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Enclosures - 4
ft3DEPENDENT SCHOOL DISTRICT NO. 625 �� �
BOARD OF EDUCAT{ON
SAINT PAUL PUBUC SCHOOLS
DATE: May 2, i995
TOPIG: Approval of an employment agreement with the United Brotherhood of
Carpenters and Joiners of America, Minnesota Statewide District Council
of Carpenters
A, PERTINENT FACTS:
New Agreement is for the two-year period May 1, 1995 through Aprit 30, 1997.
2. The language provisions of the previous contract remain essentiaily unchanged, except for
necessary changes to dates and outdated references.
3. The District has iD reguiar FTE in this bargaining unit.
4. Wage and benefits changes refiect prevailing wage.
5. This request is submitted by Richard Kreyer, NegotiationsJLabor Relations Assistant
Manager; Phyllis E. Byers, NegotiationslLabor Relations Manager; and William A. Larson,
Assistant Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of lndependent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those empioyees in this
school district for whom United Brotherhood of Carpenters and Joiners of America, Minnesota
Statewide District Councii ot Carpenters is the exclusive representative; duration of said
Agreement is for the period of May 1, 1995 through April 30, 1997.
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NI DEX
• ARTIC E TITLE pqC-E
Preamble ......................................................................................... v
.
1. Purpose ........................................................................................... 1
2 . Recognition ...................................................................................... 1
3 . Employer Rights .............................................................................. 1
4. Union Rights .................................................................................... 2
5. Scope of the Agreement .................................................................... 2
6 Probationary Periods ...................................................................... 3
7. Philosophy oi Employment and Compensation ................................ 3
8 . Hours of Work ................................................................................. 4
9 . Overtime .......................................................................................... 5
10 . Call Back .......................................................................................... 5
11 . Work Location ................................................................................. 6
12 . Wages ............................................................................................... 6
13. Fringe Senefits ................................................................................ 7
14. Selection of Foreman and Generat Foreman .................................... 7
15 . Holidays ........................................................................................... 8
16. Disciplinary Procedures ................................................................. 9
• 17. Absences from Work ....................................................................... 9
18 . Seniority ......................................................................................... 10
19. Jurisdiction ..................................................................................... 1 i
20 . Separation ....................................................................................... 11
21 . Toois ................................................................................................ 1 1
22. Grievance Procedure ....................................................................... 1 2
23. Right of Subcontract ........................................................................ 1 4
24 . No�discrimination ........................................................................... 14
25 . Severability .................................................................................... 14
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26 . Waiver ............................................................................................. 15
27. Mileage - Independent School District No. 625 .............................. 1 5
28. Duration and Pledge ......................................................................... 1 6
Appendix ...................................................................................... Ai
Appendix ...................................................................................... B1
Appendix ................................................................................... CI-C2
Appendix ...................................................................................... D1
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PREAMBLE
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This agreemeni is
referred to as the
America, Carpent�
the Union.
entered into between Independent Schoo! District No. 625, hereinafter
Emptoyer, and the United Brotherhood of Carpenters and Joiners of
rs District Council of Southern Minnesota, hereinafter referred to as
The Employer and the Union concur that this agreement has as its objective the
promoiion of the responsibitities of the Independent School District No. 625 for the
benefit of the general public through effective tabor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in
the agreement, but rather primarily on attitudes between people at ail levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
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ARTICLE 1. PURPOSE
� 1.1 The Employer and the Union agree that the purpose for entering into this
agreement is to:
1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Employer and the Union;
1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the
application or interpretation of this agreement without loss of
manpower productivity.
1.2 The Employer and the Union agree that this agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this agreement is
in conflict with such legislation, the latter shali prevail. The parties, on written
notice, agree to negotiate ihat part in conflict so that it conforms to the statute as
provided by Article 25 (Severability).
ARTICLE 2. RECOGNITION
� 2.1 The Employer recognizes the Union as the exclusive representative for coilective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the classes of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No. 89-PR-2359 dated November 20. 1989.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as listed in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
pertorm 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 establish following written
, notification to the Union.
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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 for any other labor organization.
4.1.2 The Union shall indemnify and save harmless the Employer from any
and alI claims or charges made against the Employer as a result of the
implementation of this article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the 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 shall 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 agreemeni establishes the `Yerms and conditions of employment" defined by
Minn, Stat. § 179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This agreemeni shall supersede such "terms and
conditions of employmenY' established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBAT{ONARY
� 6.1 All personnel, originally hired or rehired following separation, in a regular
- employment status sha(I serve a six (6) month probationary period during
which time the employee's fitness and ability to perform the class of positions'
duties and responsibilities shall be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1.2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6) month
promotionaf probationary period during which time the empioyee's fitness and
ability to perform the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotional probationary period an employee
may be demoted to the employee's previously-held class of positions at
the discretion of the Employer without appeal to the provisions of
Article 22 (Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall
� be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7. i The Employer and the Union are in full agreement that the phifosophy of
employment and compensation shali 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 accumulated or earned by an
, employee except as specifically provided for in this agreement.
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ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a �
thirty (30) minute unpaid lunch period, betweert 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 U�ion 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, a�d is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the Iocation designated by their supervisor, ready for
work, at the estabiished starting time and shall remain at an assigned work
tocation until the end of the established workday unless otherwise directed by
their supervisor.
8.6 Ali employees are subject to catl back by the Employer as provided by
Article t0 (Call 8ack).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate, �
unless notification has been given not to report for work prior to leaving home,
or during the previous workday.
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ARTICLE 9. OVERTIME
� 9.1 All overtime compensated for by the Empioyer must receive prior authorization
from a designated Employer supervisor. No overtime work ciaim will be honored
for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
approval has been obtained.
9.2 The overtime rate of one and one-half (1-t/2) the basic hourly rate shatl be
paid for work performed under the following circumstances:
9.2.1 Time worked +n excess ot eight (8) hours in any one normal workday,
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9,2.2 Time worked in excess of forty (40) hours in any seven (7)-day
period.
9.3 For the purpose of calculating overtime compensation, overlime hours worked
shall not be "pyramided,° compounded or paid twice for the same hours worked.
9.4 Overtime hours worked as provided by this article shafl be paid in cash or in
compensatory time. The method of payment shall be determined solely by the
Employer.
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ARTICLE 10. CALL BACK
10.1 The Employer retains the right to call back employees before an employee has
started a normal workday or normal work week and after an employee has
completed a normal workday or normal work week.
10.2 Employees called back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
10.3 7he hours worked based on a call-back shall be compensated in accordance with
Article 9(Ovectime), when applicable, and subject to the minimum established
by t02 above.
10.4 Employees called back four (4) hours or less prior to their norma{ workday
shall complete the normal workday and be compensated on{y for the overtime
hours worked in accordance with Article 9(Overtime}.
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ARTICLE 11. WORK LOCATION
11.1 Employees shall report to the work location as assigned by a designated Employer �
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer.
11 .2 Employees assigned to work locations during the normal workday, other than `
their original assignment, and who are required to furnish fheir ow�
transportation, shall be compensated for mileage, as set forth in Article 27
(Mileage).
ARTICLE 12. WAGES
12.1 The basic hourty wage rates as established by Appendix C shafl be paid for ali
hours worked by an employee.
12.2 Regular employees and temporary employees shall be compensated in accordance
wifh Article i2.1 (Wages) and have fringe benefit contributions and/or
deductions made on their behalf as provided for by Article 13.1 (Fringe
Benefits).
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ARTICLE 13. FRINGE BENEFITS
� 13.1 The Employer shall make contributions on behalf of and/or make deductions from
the wages ofi employees covered by this agreement in accordance with Appendix D
for ati hours worked.
• 13.2 The Employer will for the period of this agreement psovide, for those employees
hired before February 15, 1974, and who were eligible for the Employer's
Health and Welfare premium contributions and who have retired since
May 15, 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
until such employees reach sixty-fiive (65) years of age.
In order to be eligible for the premium contributions under the provision 13.2
and 13.3 the employee must:
13.2.1 Be receiving benefits from a public 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 plans.
13.2.3 Inform the Huma� Resource Department of IndependeM School Distriet
No. 625 and Office of Human Resources, City of Saint Paul in writing
• within sixty (60) days of employee's early retirement date that he or
she wishes to be eligible for early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or later and who met the criteria
in 13.2 or for early retirees who qualified under 13.2 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 FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Carpenter Foreman shafl
remain solely with the Employer.
14.2 The class of position Carpenter Foreman shall be filled by employees of the
bargaining unit on a`Yemporary assignment."
14.3 All "temporary assignments° shall be made only in cases where the class of
positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
New Year's Day
Martin Luther King
Presidents' Day
Merr�orial Day
lndependence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
January 1
Jr. Day Third Monday in January
Third Monday in �ebruary
Last Monday in May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
December 25
15.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the
foilowing Monday shaii 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 (Call Back).
15.5 Employees assigned to work on MaKin Luther King Day, Presidents' Day,
Columbus Day or Veterans' Day shall be compensated on a straight-time basis for
such hours worked.
15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate
of two (2) times the basic hourly rate for such hours worked.
15.7 If Martin Luther �ng Day, Presidents' Day, Columbus Day or Veterans' Day falls
on a day when schooi is in session, the employees shafl work that day at straight
time and another day shail be designated as the hofiday. This designated holiday
shall be determined by agreement between the employee and his supervisor.
15,8 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time
during the life of this agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Martin Luther King, Jr. Day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the
holidays list as set forth in Article 15.1.
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ARTICLE 16. DISGIPLINARY PROGEDURES
� 16.1 The Employer shali have the right io impose disciplinary actions on employees
forjust cause.
16.2 Disciplinary actions by the Employer shall include only the following actions:
16.2.1 Oral reprimand;
16.22 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
i 6.2.5 Discharge.
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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 in the employee's behalf initiates review of an action, that matter shall not
be again reviewed in another forum. Ora{ reprimands shall not be subject to the
grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have 4he
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification may be grounds for discipline as provided in
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) co�secutive normal
workdays may be considered a"quiY' by the Emptoyer on the part ot the
employee.
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ARTICLE 18. SENIORITY
18.1 For the purpose of this article the iotiowing terms shall be defined as follows: �
18.1.1 The term, °Employer," shall mean Independent School District
No. 625, Saint Paul Public Schools.
18.1.2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to any class tiile with the Employer
covered by this agreement.
18.1.3 The term, "Class Seniority" shali mean the iength of continuous
regular and probationary service with the Empfoyer from the date an
employee was first appointed to a position with the Employer in a class
title covered by this agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority slarts at zero the day of appointment to a School
District position in that title and begins to be calculated from that date.
An employee'S Class Seniority does not revert to zero following recall
from an Empioyer initiated layoff wifhin the twenty-four (24} month
recall rights period specified in 18.4. This definition of class seniority
would be used for all layoff decisions.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except when �
such a leave is granted for a period of less than thirty (30) calendar days; is
granted because of illness or injury; is granYed to allow an employee to accept an
appointmenf to the unclassified service of the Employer; or to an elected or
appointed ful!-time position with the Union.
18.3 Seniority shail 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 will be laid off by class title within each department based
on inverse length of "Class Seniority:' Employees laid off by the Employer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by this agreement, provided the employee has greater "Class
Seniority" than the employee being repiaced. Recall from layoff shall be in
inverse order of layoff, except that recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Employer shali apply, This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURISDICTION
� 19.1 Disputes conceming work jurisdiction between and among unions is recognized as
an appropriate subject for determination by ihe various unions representing
employees of the Employer.
- 19.2 The Employer agrees to be guided in the assignment of work jurisdietion by any
mutual agreements between the unions involved.
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19.3 fn the event of a dispute concerning the performa�ce of assignment of work, the
unioRS involved and the Employer shali meet as soon as mutually possible to
resolve the dispute. Nothing in the foregoing shall restrict the right of the
Employer to accomplish the work as originally assigned pending resolution of the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to pertorm work assigned by the Employer and as
ciarified by Sections 19.2 and 19.3 above shali be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resulting
from a work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the following actions:
20.1.1 Resignation. Employee resigning from employment shall give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharae. As provided in Article 16.
20.1.3 Failure to Report 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 Atl empioyees shail personally provide themselves with the toots of ihe trade as
� listed in Appendix B.
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ARTICLE 22. GRfEVANCE PROCEDURE
22. f The Employer shall recognize Stewards selected in accordance with Union rules �
and regulations as the grievance representative of the bargaining unit. The Union
shall notify the Employer in writing of the names of the Stewards and of their
successors when sro named,
22.2 !t is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibilities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approva! of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this article shall be the sole and exclusive
procedure for the processing of grievances, except as previously noted in
Article 16 (Disciplinary Procedures). Grievance is defined as an alleged
violation of the terms and conditions of this agreement.
22.4 Grievances shali be resolved in conformance with the following procedure:
e 1. Upon the occurrence of an alleged violation of this agreement, the
employee involved shall attempt to resolve the matter on an informal �
basis with the employee's supervisor, If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be
reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which
it is based, the alleged section(s) of the agreement viotated, and the
relief requested. Any alleged violation of the agreement not reduced to
writing by the Union within seven (7) calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
Ste . Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the
grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendar days following this meeting. The
Union may refer the grievance in writing to Step 3 within seven (7)
calendar days followi�g receipt of the Employer's written answer. Any
grievance not referred in writing by tfie Union within seven (7}
calendar days following receipt of the Empioyer's answer shall be
considered waived.
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
� Ste� 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated employer supervisor shali meet with
the union business manager or his designated representative and
attempi to resolve the grievance. Within seven (7) calendar days
following this meeting, the employer shall reply in writing to the Union
stating the employer's answer concerning the grievance. If, as a resuit
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.
Ste . If the grievance remains unresolved, the Union may withi� 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 shali be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The
Union shall sfrike the first (ist) name; the Employer shall then strike
one (1) name. The process wili be repeated and the remaining person
� shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this agreement. The arbitrator shall consider
and decide only the specific issue submitted in writing by the Employer and the
Union and shall have no authority to make a decision on any other issue not so
submitted. The arbitrator shall be without power to make decisions contrary to
or inconsistent with or modifying or varying in any way the application of laws,
rules or regulations having the force and effect of law. The arbitrator's decision
shall be submitted in writing within thirty (30) days following close of the
hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this agreement
and 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 fee and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union, provided that each party shali be
responsible for compensating its own representative and witnesses. If either
party desires a verbatim record of the proceedings, it may cause such a record to
be made, providing it pays for the record.
22.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union.
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ARTiCLE 23. RIGHT OF SUBCONTRACT
23. i The Employer may, at any time during the duration of this agreement, contract �
out work done by the empioyees covered by this agreement. in the event that such
contracting wouid result in a reduciion of the workforce covered by this
agreement, the Employer shail give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the empioyees covered by this agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NONDISCRIMINATlON
24.1 The terms and conditions of this agreement will be applied to employees equally
without regard to or discrimination for or against, any individual because of
race, color, creed, sex, age or because of inembership or non-membership in the
Union.
24.2 Employees will perform their duties a�d responsibilities in a
non-discriminatory manner as such duties and responsibilities involve oYher
employees and ihe general public. �
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this agreement is declared to be contrary to
law by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeal is taken, such provision(s) shall be
voided. All other provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the
voided provisions of the agreement in compliance with the legislative,
administrative or judiCial determination.
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ARTICLE 26. WAIVER
� 26.1 The Employer and the Union acknowledge that during the meeting and negotiating
which resutted in this agreement, each had the right and opportunity to make
proposa{s with respect to any subject concerning the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in this agreement.
26.2 Therefore, the Employer and the Union for the duration of this agreement agree
that the other party shall not be obiigated to meet and negotiate over any term or
condition of employment whether specifically covered or not specifically covered
by this agreement. The Union and Employer may, however, mutually agree to
modify any provision of this agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and
rules or regulations regarding the terms and conditions of empioyment, to the
extent they are inconsistent with this agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPENDEPIT SCHOOL DISTRICT NO. 625
27.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be
� eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN "A", effective with the adoption of this agreement, is reimbursed
at the current 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 established by an estimate furnished by the employee
and the employee's supervisor.
Another consideration 4or establishing the maximum amount can be the
experience of another working in 1he same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This agreement shall become effective as of the date of signing, except as �
specifically provided otherwise in Articles 12 and 13, and shall remain in effect
through the 30th day ot April, 1997, and continue in effect from year to year
thereafter unless notice to change or to terminate is given in the manner
provided in 28.2.
28.2 tf either party desires to terminate or modify this agreement effective as of the
date of expiration, the party wisfiing to modify or ferminate the agreement shaff
give wriften notice to the other party, not more than �inety (90) or less than
sixty (60) calendar days prior to the expiration date, provided that the
agreement may only be so terminated or modified effective as of the expiration
date.
28.3 In consideration of the terms and conditions of employment established by this
agreement and the recognition that the Grievance Procedure herein established is
the means 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 wil! not engage in, instigate or condone any
concerted action in which employees fail to report for duty, wilifuily
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. �
28.3.2 The Employer wiff 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 ratification by
the Union.
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ARTICLE 28. DURAT{ON AND PLEDGE (continued)
6 ,(� -�
� `J �� da of �a � , 1995, and attested to
Agreed to this y
as the full and complete understanding of the parties for the period of time herein
specified by the signature of the foitowing representatives for the Empioyer and the
Union:
,
�J
J
�
W(TNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
:.� ,�,�, G �j
� ? ,f 2n � ��9 �`�
CARPENTERS DISTRICT COUNCIL
OF SOUTHERN MINNESOTA OF
UNITED BROTHERHOOD OF
CARPENTERS AND JOIN�RS OF AMERiCA
� ��� �-�
Business Manager
.5 -- I -- c i' S
Date
17
�—� ��
Date
APPENDIX A
The classes of positions recognized by the Employer as being exclusively �
represented by the Union are as follows:
Carpenter
Carpenter Foreman
Apprentice - Carpenter
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.
0
i
A 1 �.
q� - 5Q
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� Ali necessary hand tools.
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APPENDIX C
C-1. The tolal hourly cast to the Employer for wages plus any and all contributions or •
deductions stated in Appendix D of this agreement shall not exceed the iotlowing
amounts:
Effective
4-29-95
Carpenter
Carpenter Foreman
$27.23
$28.38
Effective
4-27-96
$28.23
$29.38
C-2. The total taxable hourly rate including wages and the vacation fund and holiday
fund contributions in Appendix D and exciuding all other benefit costs and
obiigations in Appendix D, for reguiar and probationary empioyees appoinfed to
the folfowing classes of positions shall be as follows:
Effective
4-29-95
Carpenter
Carpenter Foreman
$20.62
$21.72
Effective
4-27-96
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C-2A. The basic hourly wage rates in this Appendix (C-2A) are for
compensation a a si purooses on . These figures represent the
portion of the Appendix C-1 rates above specificaily allocated to
wages. These rates do NO7 include taxable benefits contributions
and therefore should N O� be used for laxable payroll calculations.
See Appendix C-2 above for total taxable payroll information.
Carpenter
Carpenter Foreman
Effective
4-29-95
$18,51
$19.61
C1
Effective
4-27-96
.
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APPENDIX C (continued)
� C-3. The total taxable hourfy rate including wages and the vacation contribution in
� Appendix D for temporary empioyees appointed to the following classes of
positions shall be:
,
Effective Effective
4-29-95 4-27-96
Carpenter $21 .54 `
Carpanter Foreman $22.69 *
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Emptoyees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the hourly
rate of pay shall be the rate shown in this Appendix C-3 for such title divided by
1 .0448.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
. ' The April 27, 1996, hourly rates in Appendices C-2, C-2A and C-3 shail
be determined at a later date based on the allocation agreed to by the
Employer and 4he Union of the Aprit 27, 1996, total hourly cost stated in
Appendix C-1.
C-4. The basic hourfy wage rates for the Apprentice class of positions:
This section is held open for 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 Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
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APPENDIX D
Effective April 29, 1995, 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) $1.11 per hour for all hours worked from which all appropriate payroll '
deductions have been made to a Union-designated Vacation Fund.
( 2) $1.00 per hour for all hours worked from which ail appropriate payrott
deductions have been made to a Union-designated Holiday Fund, for regular
employees paid at the Appendix C-2 rate.
( 3) $2.30 per hour for all hours worked to a Union-designated Health and
Wetfare Fund.
( 4) $325 per hour for all hours worked to a Union-designated Pension Fund.
{ 5) $.14 per hour for all hours worked to a Union-designated Apprenticeshp
Fund•
The Employer shall make legally established non-negotiated pension
contributions to PERA � 4.48% of the applicable hourly rates noted in
Appendix C.
u
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addifion to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unempioymeni Compensation
programs as required by Minnesoia statutes.
Employees covered by this agreement shail not be eligible for, govemed by or
accumulate vacation, sick leave, fioiiday, funeraf 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 coniributions and/or deduclions established by this agreement. The actual
level of benefits provided to employees shall be the responsibility of the Trustees of the
various funds to which the Employer has fonxarded contributions and/or deducNons.
D1
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