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96-98Council File # � �. — g tJ', � r r t � Presented by� Referred To Green Sheet # 3SQ� d RESOLU710N SAINT PAUL, MINNESOTA Committee Date ,- RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached the 2 May 1,1994 - April 30,1997 Collective Barganiing Agreement between the City of Saint Paul and the Sheet Metal Workers International Association, Loca110. Requested by Department of: O�ce of Labor Relations Adoption Certified by Council Secretary � /• . � � By: � � Form Appro ed by Ci ttorney ( � $ ��, `�(' ( � 2't �� / ' Approved �y yor for Submissi� aunci ��.. �*M � By. R � �� . �� - Adopted by Council: Date ��r, � �� lo DEPARTMENT/OFFICEiCOUNCIL: LABOR RELATIONS CONTAGT PERSON & PHONE: MARY H. KEARNEY 266-6495 � �� hNST BE ON COUNCII., AGENDA BY (DATE) DATE INR7ATED GREEN SHEET No.: 35090 �`t' 01-10-96 � IN117ALDATE IN1TIq[,/DATE ASSIGN I DEPART'AgNf DIR 4 CITY COUNCII. NUMBER 2(:TTY ATTORNEY C1TY CLERK FpR BUDCEI' DIlL FIN. & MG'I. SERVICE DIIL ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES I (CLIP ALL LOCATiONS FOA SIGNATURE) acnox xEQuES�rEn: This resolution approves the attached May 1, 1994 thru Apri130, 1997 Agreement between the City of Saint Paul and the Sheet Metal Workers International Association, Local 10. RECOIvIUgNDA1'fONS: Approve (A) or Reject (R) _PLANNING COMIvIISSION _CIVII. SERVICE COM��IISSION _CIB COD-iNIl7TEE STAFF DIS7RICT COURT SUPPORTS WHICH COUNCII, OBJECTIVE? PERSONAL SERVICE CON'CRACTS M[JS'i ANSWER TEIE FQLLOWRVG QUESTIONS: i. Has this person/fum ever worked under a contract for this departnent? Yes No 2. Has this persoNfirm ever been a ciTy employee? Yes No 3. Does this person/firm possess a skill not nortnally possessed by any current ciTy employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INTTIA1'ING PROBLEM, ISSUE, OPPORI'UNTI'Y (Who, What, When, W6ere, W6y): See Attached. . vt. fr �':e. �IAN 2� �9�C nnvnrvTncES iF arrxoven: An Agreement in place through April 30, 1997. DISADVAI3TAGESIFAPPROVED. N0110. {re ra.„,,, -,,....�z k`"°�..�kF.m &tF�'iiz.':�Sfs�':� ....�'J�::� 'ev':a.'e�.; �6j4Y �i � 6a3�„' nuanv,wrncES � xoT aerxovEn: No settlement reached and possible strike. =�--�--.----�--- -- --- -° ' TOTAL AMOIJNT OF TRANSAGTION: 1994 $9 $9,695 FOAtDING SOl3RCE: COST/REVEN[JE BUDGETED: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAI7� aG -qY ATTACFIlVIENT TO GREEN SHEET SHEET METAL WORKERS �City of S uazn at P 1 and the Sheet Metal Workers International Association Local #10 reached a three year ageement stretching from May 1,1994 through April 30, 1997. There are four members of this bargaining unit and all of them receive union benefits. 1994 The parties agreed on a 1994 base rate wage freeze. The City also agreed to increase contribution levels to some &inge benefit funds. The increase in City cost for fringe benefit funds totaled $9,624. 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 $9,695. 1996 The parties agree to a reopen wages and fringes for 1996. � N Z � W L+ N � }+ O � e� � i� N � � N N � � � � I � v d � � � � >G O t � ,. 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' . , ' . _�� . �. � V .� _ _ " _ . : . _ '_ _ __., ._ . . . . - , "; � . -_ ., . _, _ � � - - MAY 1, 1994 THRIt'APRII,30, 1997 � -_'_ "� � � „. _ ;_ , .. � . _. _ = � � � � �� 1�ZA�NTENANCE 7:ABOR ��RET � � - � MENT ;-- `"� betw�en � , � � � >� � �: TI�E C'ITY flF 5AI�T`r PA:UL F .. A , � . � � � ,and � � _ � �� ' � �,' S��ET 1l��TAL �VflRKERS ; � �_. � . ` I�1'T�R1�3AT�t3NAI, ASSQCI��'IOI� : ; � ;, _ _ LOGAL 10 ; - ` � ,_ , _� . . � ��, � ,. - � - � _ _ q �ry -�� 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 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . 7 8 Hoursof Work ...................................... 8 9 Overtime .......................................... 9 10 CallInJCall Back ................................... 10 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 12 Wages ............................................ 12 13 Fringe Benefit ...................................... 13 14 Selection of Lead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . 14 15 Holidays .......................................... 15 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 17 Absences From Work ................................ 17 18 Seniority .......................................... 18 19 Jurisdiction ........................................ 19 20 Separation ........................................ 20 21 Tools ............................................ 21 22 Grievance Procedure ................................. 22 23 Rightof Subcontract ................................. 25 24 Non-Discrimination .................................. 26 25 Severability ........................................ 27 26 Waiver ........................................... 28 27 City Mileage Plan ................................... 29 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 Appendix A ....................................... A1 Append'vcB ........................................ B1 Appendi��C ....................................... C1 Appendis D ....................................... D1 `�IL? �� J PREAMBLE This Agreement is entered inxo between the C�ty of Saint Paul, hereinafter refened to as the Employer and the Sheet Meta1 Workers Intemational Association I.oca1 10 hereinafter refened to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that tlus goal depends not only on the words in the Agreement but rather 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. ll Q� � ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 11(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operarions and the highest level of employee pezformance that is consistent with the safety and well-being of a11 concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (SEVERABII.ITY). -1- ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment staxus of regular, probationary, provisional, and temporary employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-513-A darted May 15, 1973. -2- ��"�� ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, �pmen ; to esta � ctions and programs; to set and amend budgets; to determine the utilizaxion 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 ihis 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. -3- 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. 41(2) The Union shall indemnify and save harmless the Employer from any and all claims or chazges 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 shatl inform the Employer in writing of such designation. Such employee shall ha�e 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 his designated representarive sha11 be permitted to enter the facilities of the Employer where employees wvered by this Agreement aze working. � �� -�2� ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. -5- ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originatly hired or rehired following sepazation, in a regulaz 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 sha11 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 writtett notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 AIl personnel promoted to a higher class shall serve a six month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities sha11 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 Arricle 22 {GRIEVANCE PROCEDURE). 62(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of wtrich shall be sent to the Union, and the employee shall be returned to his/her previously held class. � q� -q� ARTICLE 7- PHII,OSOPHY OF EMPLOYMENT AND COMPENSATION r.- ,:: .i- �� .�- n i� .v--u-� �. �- �SI• ..� � employment and compensation shall be a"cash" houriy wage and 'Yndustry" fringe benefit system. 7.2 The Employer shall compensate employees for a11 hours worked at the basic hourly wage rate an hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEPITS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this Agreement. -7- ARTICLE S- HOURS OF WORK 8.1 The normat work day shali be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period between 7:00 a.m. and 7:00 p.m. 8.2 The normal work week shali be five (5) consecutive nornnat work days. 8.3 This section shall not be construed as, and is not a guazantee of, any hours of work per normal work day or per normal work week. 8.4 Ail employees shall be at the locauon designated by their supervisor, ready for work, at the established stariing time and shall remain at an assigned work locarion until the end of the established work day unless otherwise directed by Weu supervisor. $.5 All employees are subject to call-back by the Employer as provided by Article 10 (CALI, IN/CALL BACK). 8.6 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 work day. � ��-�� ARTICLE 9 - OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored rcre�i ess approve m� An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one nornnal work day and 9.2(2) Time worked on a sixth (6th) day following a normal work week. 9.3 The overtune rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3(1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 9.3(2) Time worked on a seventh (7th) day following a normal work week; and 9.3(3) Time worked in excess of twelve (12} consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). 9.4 For the purposes of calculating overtime compensation overtime hours worked sha11 not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time as determined by the Employer. � ARTICLE 10 - CALL IN/CALL BACK 101 The Employer retains the right to call in or call back employees before an employee has started a normal work day ar normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9(OVERTIME), when applicable, whichever is geater. 10.2(1) Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). -10- q i� -�� ARTICLE 11 - WORK LOCATION, RESIDENCY -� . mg oyees s report to work loca.tion 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. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this Agreement. -11- ARTICLE 12 - WAGES 12.I 'Tfie basic hourly wage rates as establisfied by Appendix C shall be paid for alI hours worked by an employee. 12.2 Provisional and temporary employees shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). -12- �t%"�� ARTICLE 13 - FRINGE . oyer s�a.i� e contn uhons on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hours worked. 13.2 Provisional, probauonary and regular employees shall be eligible for a paid holiday for I.abor Day, the first Monday in September in accordance with the Saint Paul Salary Plan and Rates of Compensation. -13- ARTICLE 14 - SELECTION OF LEAD SHEET METAL WORKER 14.1 The selection of personnel for the class Lead Sheet Meta1 Worker shall remain solely with the Employer. 14.2 The class I.ead Sheet Meta1 Worker shall be filled by employees of the bazgaining nnit on a "temporary assignment". 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the position is vacant for more than one (1) normal work day. -14- �� -� ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: ivew Year's iJay, 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 Iabor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Yeaz's Day, Independence Day or Cluistmas Day fall the foilowing Monday shall be considered the designated holiday. these three (3) holidays falls on a Saturday, the preceding Friday considered the designated holiday. 15.3 The ten (10) holidays shaii be considered non-work days. s on a Sunday, When any of shall be 15.4 If, in the judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CAi,L IN/CALL BACK). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day After Thanksgiving shall be compensated on a straight time basis for such hours worked. 15.6 Empioyees assigned to work on New Yeaz's Day, Memorial Day, Independence Day, Thanksgiving Day or Cluistmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Employees working on Labor Day shall be recompensed for work done on this day by being granted compensatory ume on a time and one-haLf basis or by being paid on a time and one-half basis for such hours worked, in addition to the employee's regulaz holiday pay. -15- ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall ha�e the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2(1) Oral reprimand 16.2(2 ) Written reprimand 16.2(3) Suspension 16.2(4) Demouon 16.2(5) Dischazge 16.3 Employees who aze suspended, demoted, or dischazged shall have the rigtrt to request that such actions be reviewed by the Civil Service Commission or a designated Boazd of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole aad exclusive means of reviewing a suspension, demotion, or dischazge. No appeal of a suspension, demotion, or dischazge shall be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). -16- q� -a� ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the - .�. . • ��.. �- s - ... -� - ... �.� . .. . - . � no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARX PROCEDURES). 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"quit" by the Employer on the part of the employee. -17- ARTICLE 18 - SE1vIORITY 18.1 Senioriry, for the purposes of this Agreement, shall be defined as follows: 181(i) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 18.1(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 tifle covered by this Agreement. I8.2 Seniority shail not accumulate during an unpaid leave of absence, except when such a lea�e is granted for a period of Zess thau thirty (30) calendaz days; �s 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 sha11 terminate when an employee retires, resigns, or is dischazged. 18.4 In the event it is determined by the Employer thai it is necessary to reduce the work force employees will be laid off by class utle within each Department based on inverse length of "Class Senioriry." Employees laid off shall have the right to reinstatement in any lower-paid class title provided, employee has greater "Master Seniority" than the employee being replaced. 18.5 The selection of vacation periods shall be made by class tifle based on length of "Class Seniority", subject to the approval of the Employer. -18- ARTICLE 19 - JITRISDICTION q� -��' 191 Disputes concerning work jurisdiction between and among unions is recognized as .:: e:-, - .: -- � .- - �o�. �� .� �- • � �� -� - -� ,• employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the nni ons involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Bmployer 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 sha11 be no work stoppage, slow down, or any disruption of work resulting &om a work assignment. -19- ARTICLE 20 - SEPARATION 20.1 Employees having a probarionary or regular employment status sha11 be coasidered separated from employment based on the following acrions: 20.1(1) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Discharge. As provided in Article 16. 20.1(3) Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisional employmenf status may be terminated at the discretion of the Employer before the compietion of a normal work day. -20- q�� ARTICLE 21 - TOOLS . - .� . . -_ - - -�.�,__�.-. :,: ... :. : .: : - .� - �� - • - .• �. ,� - . � � � - . . � - . listed in Append'vr B. -21- ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Stewazd selected in accordaace with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of fiis/her successor 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 sha]I therefore be accomplished during worlang hours only when consistent with such employee duties and responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during worldng hours, provided, the Stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article sfiall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, wtuch are defined as an alleged violation of the terms and conditions of Wis Agreement. 22.4 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 sarisfaction by the informal discussion it may be reduced to wriUng and referred to Step 2 by the Union. The written grievance shail set forth the nature of the grievance, the facts oa which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violarion of the Agreement not reduced to writing by the Union within seven (7) calendar days of tfie first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had l�owledge 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 repiy in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 -22- a��-a� ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) within seven (7) calendaz days following receipt of the Employer's written answer. Any grievance not refened in writing by the Uni _ _ «�t�.,�:•�u{'�-eale receip o e mp oyer's answer shall be considered waived. Step 3. Within seven (7) calendaz days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendaz days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer sha11 be considered waived. Step 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 azbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the azbitrator. 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 speci�c 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 conuary to or inconsistent with or modifying or varying in any way the application of laws, rules, or zegulations having the force and effect of law. The arbitrator's decision sha11 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 eartension. The decision shall be based solely on the azbitrator's -23- ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) interpretation or application of the eJCpress terms of this Agreement and to the facts of the grievance presented. The decision of the azbitrator shail be final and binding on the Employer, the Union, and the employees. 22.6 The fees and elcpenses for the arbitrator's services and proceedings sha11 be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for tfie record. 22.7 The time limits in each step of this procedure may be e�ctended by mutual agreement of the Employer and the Union. � q�-�� ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, conuact — �atwor� e em�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 (94) calendaz day nouce of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Ageement sha11 in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. -25- ARTICLE 24 - NON-DISCRIlVIINATION 241 The terms and conditions of this Agreement wiIl be applied to employees equally without regazd to, or discrimination for or against, any individual because of race, color, creed, seJC, age, or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai public. -26- �i� -�� ARTICLE 2S - SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to y proper egis ahve, trarive, 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. -27- ARTICLE 26 - WAIVER 26.1 The Employer and the Union acl�owledge that during the meeting and negotiating wluch 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 tivs Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other parry shatl not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by tlus Agreement. The Union and Employez may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreemenu, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the eatent they are inconsistent with this Agreement, aze hereby supersede@. � ��`� ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Anthorized: Pursuant to Chapter 33 of the Saint Paul Adminisuative Code, as amended pertainin to reimbursement of City offic an emp oyees or e use o their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such reimbursement, a11 officers and employees must receive written authorization from the Department Head. Type 1. If an emgloyee 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 velucle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $0.20 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 determines that an employer vehicle is auailable 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 $0.20 per mile driven and shall not be eligible for any per diem. Type 2. If an employee is required to use his(her own automobile REGULARLY during employment, the employee sha11 be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $0.20 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 determiues 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 $0.20 per mile driven and shall not be eligible for any per diem. 27.3 The City will provide parldng at the Civic Center Parl�ng Ramp for City employees on either of the above menrioned types of reimbursement plans who are required to have their personal car avaalable for City business. Such parldng will be provided only for the days the empioyee is required to haue his or her own personal caz available. -29- ARTICLE 27 - CTTY MILEAGE (Continued) 27.4 Rules and Reguiations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients sha11 file daily reports indicaring miles driven and sha11 file monthly affida�its 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 thaa $100,000/$300,000 for personal injury, and $25,000 for property dama�Oe, 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 amendments thereto, shall be maintained on file with the City Clerk. -30- a� -a� ARTICLE 28 - DURATION AND PLEDGE : � �a--��-� �. .- .��- -. � - . ��. ... - - -�.:--.• provided otherwise in this Agreement and shall remain in effect through the 30th day of April, 1997, and continue in effect from year to yeaz thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this Agreement, effective as of the date of e�iration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 28.2(1) Notwithstanding Asticle 28.2, the Employer and the Union agree to reopen this Agreement no later than May 1, 1996 to negotiate Article 12 (Wages) and Articie 13 (Fringe Benefits). 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: -31- ARTICLE 28 - DURATION AND PLEDGE (Continued) 28.3(i) 28.3(2) 28.3(3) The Union and the employees will not engage in, instigate, or condone any wncerted action in which employees fail to report for duTy, willfulty absent themselves from work, stop work, slow down their work, or absent themselves in whole or part part from the full, faithful performance of their duties of employment. The Employer will not engage in, instigate, or condone any lock-out of employees. This constitutes a tentarive agreement between the parUies which will be recommended by the City Negotiator, but is subject to the approval of the Adminisuation of the C�ty, the City Council and is also subject to ratification by the Association Agreed to this day of January, 1996 and attested to as the full and complete understanding of the parties for the period of time hereia specified by the signature of the following representative for the Employer and the Association: WITNESSES: CITI' OF SAINT PAUL Mary . Kearney Labor Relations D'uector SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, LOCAL 10 / i� � � �� s _�; `. :r �- .�. -32- q�-Q� APPENDIX A The classes recognized by the Employez as being exclusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal Lead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Meta1 Inspector; and other ciasses that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. - A1 - q�-� ►_��7 �l.l�►: : Tool Box Crescent Wrench ar set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Folding Rule Screw Driver 5cratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) Dolly Bar Combinauon Square Prick Punch 10' Tage Dividers : ��q� APPENDIX C The basic hourly wage rate for temporary employees appointed to the following classes shall be: Effective 04-30-94 Sheet Meta1 Worker Lead Sheet Metal Worker Sheet Metal Inspector lst Step 2nd Step $23.23` $24.98* $�.l� $24.98' Senior Mechanical Inspector-Sheet Meta1 $25.98* Effective 04-29-95 $24.76* $26.51' $25.63*' $26.51 * * $27.51** Effective 06-24-95 $24.66+ $26.41+ $25.53+ + $26.41+ + $27.41+ + The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes sha11 be: Effective 04-30-94 Sheet Metal Worker L.ead Sheet Meta1 Worker Sheet Metal Inspector lst Step 2nd Step $22.23 * $23.91* $20.94* $21.70* Effective 04-29-95 $23.70' $25.37* $22.26`* $23.03'* Effective 06-24-95 $23.60+ $25.28+ $22.18+ + $22.94+ + Senior Mechanical Inspector-Sheet Metal $22.57* $23.90** $23.81++ * Effective Apri13Q 1994, this rate includes the $1.85 tasable CYedit Union deduction and the $.20 taacable Youth to Youth Fund deduction ** Effective April 30, 1994, this rate includes the above taxable deductions in addition to 72 hours of paid holidays and 120 hours of paid vacation per fiscal year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Depattment. -Cl- APPENDIX C (Continued) + Effective Apri130, 1994, this rate inciudes the $1.85 tarcable CYedit Union deduction and the 0.20 taxable Youth to Youth Fund deduction. ++ Effective Apri130, 1994, this rate includes the $1.85 taz�able Credit Union deduction and the $.20 taxable Youth to Youth Fund deduction and reIIeets 72 hours of paid holidays and 120 hours of paid vacation per fiscal yeaz. Vacaxion carry over shall be in accordance with Section I H of the Saint Paul Sa1ary Plan and Rates of Compensation. Vacarion must be approved by the Head of the Department. Effective A.pri129, 1995, this rate includes the $1.85 ta�cable Credit Union dednction and the $.25 taxable Youth to Youth Fund deduction. '* Effective April 29, 2995, this rate inclndes the above taxable deductions in addition to "72 hours of paid holidays and 120 hours of paid vacation per fiscal yeaz. Vacation carry over shalt be paid in accordauce with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. + Effecuve April 29, 1995, tlus rate includes the $1.85 taxable Credit Union deduction and the 0.25 taxable Youth to Youth Fund deduction. ++ Effective Apri129, 1995, this rate includes the $1.85 taxabie Credit Union deduction and the $.25 taacable Youth to Youth Fund deduction and reflects 72 hours of paid holidays and 120 hours of paid vacation per fiscal year. Vacarion carry over shall be in accordance with Section I H of the Saint Paul Sa1ary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department, Effective June 24, 1995, tbis rate includes the $1.85 taxable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. •* Effective June 24, 1995, this rate includes the above ta�rable deducrions in addition to 72 hours of paid holidays and 120 hours of paid vacation per fiscal year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. + Effective June 24, 1995, this rate includes the $1.85 t�able Credit Union deduction and the 0.25 taxable Youth to Youth Fund deduction. -C2- qb��d APPENDIX C (Continued) ++ Effective June 24, 1995, this rate includes the $1.85 taacable Credit Union deduction and the $.25 taacable Youth to Youth Fund deduction and reflects 72 -- ---------- ----�ours--of-gai�--heli�ays-a$d-�28 keuis-e€�aid-vacatioffperfLSCatye�: ------ carry over shall be in acwrdance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. After appearing on the payroll for 1040 hours in the 5rst step an employee in the Sheet Meta1 Inspector classification may be granted a wage increase to the second step. The basic hourly wage rates for temporary employees whose length of service and eaznings require that they be subject to Public Employees Retirement Associauon conuibutions shail be the rate as shown in this Appendix "C" for provisional employees in such classes. If the Union elects to have the contributions listed in Append'vc D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - -C3- q�-a� /:��Ml]►.i7 Effective Apri130, 1994, the Employer shall: ---- -- {�}- ---FSa�ibate--te a-We}farn-F�tnd $2f6 per-hourfor --- --- --- participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. Effective Apri129, 1995, this contribution shall be increased to $2.71 per hour. (2) contribute to a Local Pension �nd $0.95 per hour for all hours worked by participating employees, as defined above. Effective Apri129, 1995, this contribution shall be increased to $1.25 per hour. (3) conuibute to a National Pension/COLA �nd $1.40 per hour for all hours paid to participating employees, as defined above. Effective June 24, 1995, this contribution shall be increased to $1.50 per hour. (4) deduct and forwazd to a Vacation �nd $1.85 per hour for all hours worked by participating employees, as defined above. (5) contribute to the Journeyman and Apprenticeship 1Yaining N�nd $0.27 per hour for a11 hours worked by participating employees, as defined above. (6) contribute to tbe National Scholarship �nd $0.03 per hour for all hours worked by participating employees, as defined above. (7) deduct and fonvard to the Youth to Yonth �nd $0.20 per hour for all hours wozked by participating employees, as defined above. Effective April 29, 1995, this deduction shall be increased to $0.25 per hour. (8) Effective April 30, 1994, the City shail establish to the Union designated Vacation Fund $.83 per hour (before taz�) for all hours worked. This contribution will be taxed at a flat rate of 42.65% (28% Federal, 7% State, 7.65% Social Security) before being sent to the Vacation Fund. Effective April, 19, 1995 the parties agree to eliminate this contribution and apply this amount to the hourly base rate. The above contribufions may be increased or decreased as long as the applicable hourly rates in AppendiY C for participating employees aze decreased or increased by the same total amount. All conuibutions and deductions made in accordance with this Appendix shall be forwarded to depositories as d'uected by the Union. -Dl- APPENDIX D (continued) The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fiinge benefit obligation to employees is limited to the contributions and/or deductions established by this Ageement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. -D2-