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96-96Council File # 9 L- q �e ("} ` ;^ ' ". E �` � Green Sheet # 3 SQ�q `� � � `�-` ` ; `� � � � . � RESOLUTION SAINT PAUL, MINNESOTA �� Presented Referred To Cowwittee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached the 2 June 1, 1994 - May 31, 1997 Collective Bargaining Agreement between the City of Saint Paul and the International Union of Elevator Constructors. Local 9. Requested by Department of: Office of Labor Relarions By: ��a--�' �-"---r Form Appr ved by Ci Attomey BS': ��1"` �� l �2 Approved b"' 'ayor for ubmission ounc' By: �-�°� � Adopted by Council: Date� o.� .�_ �� . Adoption Certified by Council Secretazy LABOR RELATIONS CONTAGT PERSON & PAONE: MARY H. KEARNEY 266-6495 BE ON COUNCII, AGENDA BY (DATE) DATE INITTATED GREEN SHEET No.: 35089 �` � G 01-10-96 � INITWIDATE ATE p�iC,T( 1 DEPARTMET7T DAi. 4 CRY COUNCII, N(JlyIgER 2 CITY ATTORNEY CT1Y CLERK ( gpg Bl)DGEI' DII2. FIN. & MGT. SER�ICE DIIL OUTING 3 MAYOR (OAASST.) ORDER TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATORE) acriox xEQues�[�en: This resolution appmves the attached Juue 1, 1994 - May 31, 1997 Agreement between the City of Saint Paul and the International Union of Elevator Constructors, Local 9. RECObA4ENDATIONS; Approve (A) or Reject (R) PLAN�'ING COMIvt[SSION _CN[L SERVICE CObA4ISSION Cffi CONA�IIITEE STAFF DISIRICT COURT SUPPORTS WfIICA COUNCIL OBJECTtVE'! PERSONAL SERVICE CONTRACtS MUST ANSWER THE FOLLOWING QUESTIONS: 1. Has this person/£=m ever worked under a contract for this depaztment? Yes No 2. Has this person/fvm ever been a city employee? Yes No 3. Does this person/firm possess a skill not normaliy possessed by any cuRent city employee? Yes No Esplain all yes answers on separate sLeet and attacL to green sheet INI'fIATIlVG PROBLEM, ISSUE, OPPORT[7NITY (Who, What, When, Where, Why): See Attached. 6�'s,w �! @� �'.� ,1AN 22 1'9gs �,�r,�,��s� ��;;�� anvaxTacES �nrrROVEn: An Agreement in place through May 31, 1997. DISADVANTAGES IF APP120VED: NOriO. '$q��0 qF �JA,�IN?R� R9�i�rL�'�p yy�0s'4dY5V�. �. ...-- '�i c5��3�� /a u �v�'a� nisnnvannracES � xoT arrxovEn: No settle�ent reached and possible strilce. �� TOTAL AMOUNT OF TRANSACTION:1994 $5,224 1995 $5,224 WST/REVENUE BUDGETED: F[INDING SOURCE: AC1'IVITY NUMBER: FINANCIAL WFORMATION: (EXPLAIl� ��r�� ATTACI�vIENT TO GREEN SHEET ELEVATOR CONSTRUCTORS This City of Saint Paul and the International Union of Elevator Constructors Local #9 reached a three yeaz agreement stretching from 7une 1, 1994 through May 31, 1997 agreement There are two members of this bazgaining unit and both receive union benefits. 1994 The parties agreed on a 1994 base rate wage freeze. The City also agreed to increase contribution levels to some fiinge benefit funds. The increase in City cost for fringe benefit funds totaled $5,224. 1995 The parties increased base wages for 1995. The City also agreed to reduce and increase contribution levels to some fringe benefit funds. The increase in City cost for wages and fringe benefit funds totaled $5,224. 1996 The parties agree to reopen wages and fringes for 1996. � �, � J � W � � { � ��i'�� _II �� 'I d�__ � � � �_ =< o o ,, � � � N V V .� '° a e A .� .� .� , .� �„ � � C � " � I � ^ q C 5 N � 9 � � ' � ` o � E ` � _ = ` _ = _ V 3 � 3_ o �o f O � .n_ u`. 0- p o va+ aN > c (: . ... >� >c 8- 4 00 `u 60� ` _�_`_ o _ �=�_� ' n »v c� �d g Y = M Q N� M � M�' � N? M 4 M` M Y M V M� M�� Z C U E l� � 6 � � wc m o m o u o mh a � uH a3i'`- a u'c vE E'nc 2°� Svi '�� ZE Z�. 21.1 Z�U Z� Z= ZE ZO Zt.1 ZV 2.�.61 F� H.n ; N 2Q _ ' � I � ~ < ^ I I � � �� }N YI I Y N V N Af O N �O 1� m I � N 1A Yf N {9 N N N � V � m '$'' c oE _• � o o = I j 3 O l] A {Y � � N � q J f�J N d W V 0�. 0 rn � • 7 O I . .� h r N � F ' I � � A O �� O n'^ �'^ e�^ n� n 2 S n E O "' n I m o V c � v c 6 m� m� m 0 o V e U m� V �� . rn � i � � o I I � � � � � � �+1 N �Y N � �+'1 O �O N I n I � y M N � � . � �p I ` � d v �' o m � � ^ `y p �^ y m �� mf e7 P O N e1 'O Q N m�0 Y m � P N L �--I Hf � eq U y OI n v O Y Q � P P ' Y n O P . Ij c � N N 9 C ` C i � C S C =} ' � � � ��> y O d L'� � �` O J N� W 0� O � M� t d i C C I C W � d~ N> y d NC.O �C �C �C. �� j �C �QC dA 20 �E I T Npl > p Vs d�w � w Vr ` ` � w` M� � Z O V C v( d � c = 3 3> 3e 3iec 3� �� 3 �E �E� nE e� � w' E=°y' O ZE Zf ZV Z�U ZE ZE ZS 2� ZV ZV Zu�.V �� H.�i� ' .'n T O � O M p � ? U o �� o I � � I � y o o �o I �o I N ~ m o d� 'f1 � �I )" N I y N • U e C N N �'1 Nf 1�1 1�1 Pf Af 1��1 ' N N � 9 C C d ¢1 c O d C V d O O L � L _ O O m —'� t A y A � y d�� ' Y C V Y C� � q � y d � N' � �O � Vl C' L C N � N J C N N W V O`y O O d C T fG � � �TC wUC N� N� N� N� „l� w8 q E� wfJ � N ' m m V m� V m5 m= m5 mC m V m' V m'LLU oH a � f � � i � W V � Ch c `� O v1 N �') � I � � Y N �O N MI �'�/1 I c o �y � S� V 01 V Y ^ N N � ~' ` � .�. �-I N � N � � � � � m q , N �1 N N C N N N I N N Y Y � C V A m d L d I � �� 3d 3 _ d�_ f g � � = d= r g �d ` R � � J { � W C� S M C m n Y � O � "� Nd a � �3 'nu 3 � .$ � �� 3= S `m �� r �m LL E ' � �` � � Ys Vs? �w�� ws r Vs� M` Z � Vs� Vs�' w��' Zm VE -° i�' � y m a �i'o m� �r ` �i M�i« �i:, 6� a�it �E �E E nE �°.E my � E�� Z �.L. G ZE Z� Zu Z�U ZE ZS 25 ZD ZV ZU ZLLV FQ r« i v'+ aEm n � N � � � W 4 ,� o � �I ( I I � I = > I I u� ^ m � a m . I N m � le] N . � � � uf '- �0 .n m.._. O � � � � c N b e C C � O �< O S V A � �� LL m � n� 9 d C Y Y C� � 7 � n O I O 3 xs �� °� °'� =� i� W� d� ;v ;, �- v+� �n_ �� O� -�� .nd ` O�' O a ao' �-�'LO`c Z '=$ «c H'c a' $,�„ $� N� $ 9.'E $EE e'n � Q"c �, � m m' V c�u m � m � mE o'O s' V o' V c'LLU ^� � a u�v - _ -i� ��D � .�." . _ JUNE.1, 1994 THRUiJGH MAY 31, i997 �, ' - -_ , - - - MAIIVT�I�TQNC��LABOR AGREElVI�N3' . ;: , _ , __ � _.: , ,. , _ - .� _ ,-, _, ,. b�ee� _ � � � �� _ � x : s ` � F �� _ ' , ; , TI�E CI'1'I' OF �SATNT PAI7�. ? � � , . ,. � , ` ,_ _ ,, � , '� � ri a� f , . � � , - _ , _ � _ _ � , , ,� ,�. :_ Il�.TERl�t��'iONAL IJ`1�TI�hT f�T - j , .° `;E�EiTA��t �QNSTitfi�CTE�1�S � L�AI, 9 ; � s' = � �� - < � Y� _ L � � �.r'. . � _. . �_ . .. .. .. � a . . _. � .„ . � i . . � �A _ .�� K. .. . _i� ��-Q� INDEX ARTICLE TITLE PAGE Preamble.............................•••..........ii 1 Purpose ........................................... 1 2 Recognition ........................................ 2 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Union Rights ....................................... 4 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 Hoursof Work ...................................... 7 8 Overtime .......................................... 8 9 Ca11In/Ca1lBack .................................... 9 10 Work Location ..................................... 10 11 Wages ............................................ 11 12 Holidays .......................................... 12 13 Disciplinary Procedures ............................... 13 14 Absences From Work ................................ 14 15 Seniority .......................................... 15 16 Jurisdiction ........................................ 16 17 Sepazation ........................................ 17 18 Tools ............................................ 18 19 Grievance Procedure ................................. 19 20 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 21 Nondiscrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 22 Severability ........................................ 24 23 Waiver ........................................... ZS 24 City Mileage ....................................... 26 25 Duration and Pledge ................................. 28 Append A ....................................... A1 Append ........................................ B1 APPend'vLC ....................................... C1 �� PREAMBLE eement is entere in o etween the GYty of Saint Paul, hereinafter referred to as the Bmployer and the International Union of Elevator Constructors, Loca1 9, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the C`ity of Saint Paul for the benefit of the general public tluough effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but zather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. 11 �� ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of unin terrupted 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 haue 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 interpretarion of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in contlict with such legislation, the latter sha11 prevail. The parties, on written notice, agree to negotiate Wat part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABII.ITY). -1- ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes de5ned in Appendix A as certified by the Bureau of Mediation Services in acwrda.nce with Case No. 73-PR-475-A dated April 13, 1973. -2- ��-�� ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, an eqmpment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. �c� ARTICLE 4 - U1vION 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 a11 claims or chazges made against the Employer as a result of the implementation of this -Article. 4.2 The Union may desi�ate 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 responsibilides as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a desigaated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. � ��'�% ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by u�i_ . • - - - - - - - - -'� ------'-' -°--'--=----"-�- — ----- --- --- e'- '—e"—e—e'.--a'" —':"e'c This Agreement shall supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. -5- ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally lured or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's 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 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during wlrich time the employee's fitness and ability to perform the position's 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 at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted duliIIg the promotior.?1 probationary period shall be returned to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which sha11 be sent to the Union � �� ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a � - - ' ' :: ..: : : : : :: 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establisb 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. 7.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees sha11 be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call in or ca11 back by the Employer as provided by Arucle 9 (CALL IN/CAI.I. BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is availabie shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been gven not to report for work prior to leaving home, or during the previous work day. -7- ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. 'i[1L� ��+�� ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all ours wor e y an emp oyee. 11.2 Temporary employees sball be compensated in accordance with Paragraph A and B of Appendix C. 11.3 All regular and provisional employees shall be compensated in accordance with Paragraph C of Appendix C. -11- ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as hofidays: New Yeaz's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November il Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays are designated as paid holidays: New Year's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourW Friday in November Cluistmas Day, December 25 12.3 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (10) holidays listed in 12.1 above shall be considered non-work days. 12.5 If, in the judgment of the Employer, personnel are necessary, employees may be scheduled, "called in" or "called back" in accordance with Article 9(C.A1 T. IN/CALL BACK). 12.6 Employees assigned to work on Martin Luther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. 12.7 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. �i`� ��i '��i} ARTICLE 13 - DISCIPLINARY PROCEDURES 13.1 13.2 The Employer shall have the right to impose disciplinary actions on employees for Disciplinary actions by the Employer shall include only the following actions: 13.2(1) Oral reprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Dischazge -13- ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who aze unable to report for their normal work day ha�e the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 14.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. -14- a�-a� ARTICLE 15 - SENiORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: ��; "�;�er 3eniority" t�e Yen o convnuous regular and probarionary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirry (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. 15.3 5eniority shall terminate when an employee retires, resig�s, or is dischazged. 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off sha11 have the right to reinstatement in their Department to any previously held lower-paid class title in ttris bazgaining unit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shall be made by class tifle based on length of "Class Seniority", subject to the approval of the Employer. -15- ARTICLE 16 - JLTRISDICTION 16.1 Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Empioyer, 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 16.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assiga work. 16.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 16.2 and 16.3 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There sha11 be no work stoppage, slow down, or any disruption of work resulting from a work assignment. -16- ARTICLE 17 - SEPARATION � � � � 17.1 Employees having a probationary or regular employment status shall be • { � " � ' � . . - � � { �! - ! S ^ i , w - i � � � 1 ' � 1 { i • i � i 17.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendaz days prior to the effective date of the resignation. 17.1(2) Discharge. As provided in Article 13. 17.1(3) Failure to Report for Duty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the Employer before the completion of a normal work day. -17- ��""! �9 ARTICLE 19 - GRIEVANCE PROCEDURE 191 The Employer shall recognize the steward selected in accozdance with Union rules and regulations as the grievan repres of the baz�ainina unit ' hisJher successor when so named. name of the stewazd and of 19.2 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 sha11 therefore be accomplished during worldng 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 worlong hours, provided the stewazd and the employee have notifi'ied and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the Emgloyer. 19.3 Tlie procedure established by tlus Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 19.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union Stewazd 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 seven (7) calendaz 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 -19- ARTICLE 19 - GIiTEVANCE PROCEDURE (Continued) written answer. Any grievance not referred in writing by the Union within seven ('I) catendaz days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance refened from Step 2, a desigiated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the grievance. Within seven (7) calendar days following ttris meeting the Employer shall reply in writing to the Union stating the Employer's answez concernina the grievance. If, as a result of the written response the grievaace remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, within seven (7) calendar days after the response of the Employer in Step 3, the Union may, by written notice to the Employer, request azbitration of the grievance. The arbitration proceedings shaIl be conducted by an azbitrator 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 parry may request the Public Employment Relations Boazd to submit a panel of five (5) arbivators. Both the Employer and the Union shall have the right to strike two (2) names fram the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the rema;n;ng person shall be the arbitrator. 19.5 The arbivator shall have no right to amend, modify, nullify, ignore, add to, or subtract &om the provisions of ttris Agreement. The azbitrator 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 sabmitted. 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 azbitrator'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 laxer, unless the parties agree to an eartension. The decision shatl be based solely on the arbitrator's interpretarion or application of the express terms of this Agreement and to the -20- �� ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union and the em lo ees. 19.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If eithez party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 19.7 The time limits in each step of this procedure may be eactended by mutual agreement of the Employer and the Union. -21- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 The Employer may, at any time dnring the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendaz day notice of the intention to subcontract. 20.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. -22- `�U �� ARI�CLE 21 - NONDISCRIl��IINATION 21.1 The terms and conditions of this Agreement will be applied to employees equally , ��imina on or or agawst, any individual because of race, wlor, creed, se�t, age, disability, or because of inembership or nonmembership in the Union. 21.2 Bmployees will perform theu duties and responsibilities in a non-discr+minatory manner as such duties and responsibilities involve other employees and the general public. -23- ARTICLE 22 - SEVERABILITY 22.1 In the event that any provision of this Agreement is declazed to be contrary to law by proper legislative, administrarive, or }udicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuIl force and effecrt. 22.2 The parties agree to, npon wriiten notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. -24- ��-a � ARTICLE 23 - WAIVER 23.1 The Employer and the Union acl�owledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 23.2 Therefore, the Employer and the Union, for the duration of this Agreement, agree that the other pazry shall 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 Agzeement. 23.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and condiuons of employment, to the extent they aze inconsistent with this Agreement, aze hereby superseded. - 25 - ARTICLE 24 - CITY MILEAGE 24.1 Automobile Reimbursement Autltorize@: P�usuant to Chapter 33 of the Saini Paul Administrative Code, as amended, pertaining to reimbursement of CYty officers and employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 24.2 Method of Computaxion: To be eligible for such reimbursement, a11 officers and employees must receive written authorization from the Department Head. Type !. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actuatly driven If such employee is required to drive an automobile duzing employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shatl not be eligible for any per diem. 1�pe 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternvues that an employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. This Article 24.2 shall become effective on the first day of the first month foIIowing the date of the signing of this Agreement. 24.3 The City will provide parking at the Civic Center Pazldng Ramp for City employees who aze required to have their personaI car available for City business. Such pazking will be provided only for the days the employee is required to have his or her own personal car a�ailable. -26- y� ARTICLE 1A - CITY MILEAGE (Continued) 24.4 Rules and Regulations: The Mayor shall adopt rules and regularions governing the procedures for automobile reimbursement, which re ulation��n,lectichati — �6nTain e requuement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. -27- ARTICLE 25 - DURATION AND PLEDGE 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through May of 1997, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) catendaz days prior to the e�ira6on date, provided, that the Agreement may only be so terminated or modi5ed effective as of the eapiratioa date. 25.2(1) Notwithstanding Article 252, the Employer and the Union agree to reopen this A.greement no later than June 1, 1996 to negotiate Article il (Wages}. 25.3 In consideration of the terms and conditions of employment established by tbis 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: 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in wluch empioyees fail to report for duty, willfully 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 25.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. � qi:-Q� ARTICLE 25 - DURATION AND PLEDGE (Continued} 25 3(3) Thic const�t��e��-t�at�t�a�eemeat�etweea ga�i s w c will be recommended by the City Negotiator, but is subject to the approval of the Administration of the CSty, the City Council and is aLso subject to ratification by the Union. Agreed to thisl�day of 3anuary, 1996, and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. WITNESSES: CITY OF SAINT PAUL �'�.��t' � ,- Mary . Keazney City Labor Negotiator INTERNATIONAL UIVION OF ELEVATOR CONSTRUCTORS IACAL NO. 9 o � Bernie Cazey Business Manager -29- ��n�� .�� The classes recognized by the Employer as being exclusively Represented by the Union Elevator Inspector and other classes that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. - Al - �� g� APPENDIX B : APPENDIX C (Continued) The wage rate for the tide of Elevator Inspector shall consist of two steps. The first step shall be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the entry level. Effective May 28, 1994, the Emptoyer wilt contribute to a Union designated G7edit Union $1.12 per hour (before taai) for all hours worked Tl�is contribution will be taxed at a flat rate of 42.65% (28% Federal, 7% Staxe, 7.65% Social Security) before being sent to the designated Credit Union. Effective May 27, 1995, Lhe parties agree Yo eliminate this deduction and transfer the $1.12 per hour (before ta�c) to the base rate. -C2.-