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97-1081Council File # q'�( — (ac�'� ,�, f--, ,�, , . , . � Presented b} Referred To 1 2 3 RESOLUTION CITY OF�AJ�T PAUL, MINNESOTA Green Sheet #f 40164 /o�- Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1997 thru Apri130, 1999 Maintenance Labor Agreement between the City of Saint Pau1 and Sheet Metal Workers Intemational Association Local 10. Requested by Department of Office of Labor Relations By: ��.�...�Cx1 � � Form App v d by City ey B �f D /�LG� � 20-�7 Approve by May fo Submis '6n 5 Council By: A / �' � Approved by Mayor: Date !3� Adopted by Council: Date ��-�-_ _ 1 ��� Adoption Certified by Council Secretary J DEPARTMENT/OFFICE/COUNCIL: DATE INII7ATED GREEN SHEET No.: 40164 ��� ��" I LABOR RELATIONS 5-19-97 CON'TACT PERSON & PAONE: 1n717avnATe INt17qLipai� J[JLIE KRAUS 266-6513 qgSIGN 1 DEPARIM��NT D � 4 CITY COUNCIL 7� A'UMBER 2 CI7Y A77'ORNEY CI7Y CLERK MUST BE ON COUNCIL AGEIr'DA BY (DATE) FOR BUDGE7 DIR. FIN. & MGT. SERVICE DIIt. ROIIT�G 3 MAYOR (OR ASST.) � ORDER TOTAL # OF SIGNA'PURE PAGES (CLIP ALL LOCATIONS FOR SIGTA7'L7RE) ncrtox �QuesrEn: This resolution approves the attached May 1, 1997 thru April 30, 1999 Maintenance Labor Agreement between the Ciry of Saint Paul and Sheet Metal Workers International Association Local 10. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVSCE CO7VI'RAC75 MUST ANSW ER THE FOLLOWING QUEST30NS: _PLANNING COMMISSSON _CIVIL SERVICE COMMISS30N 1. Nu this petsoNfinn ever wwked under a contraM for this departrnent? CIB COMMITTEE Yes No STAF'F 2. Has this persoNfirm ever been a city employee7 _DISTRICT COURT Yes No SUPPORTS WHICH COIJNCIL OBJECITVE? 3. Does this penon/firm possess a skill not normally possessed by any current ciry employeel Yes No Explaia all yes answers on separate sheei aod attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTIliVJ7'Y (Who, W6a4 Wnen, Where, Why): ADVANTAGESIFAPPROVED� REC������ �u� z a �s97 DISADVANTAGESTFAPPROVED: � �'�33 P,� 1 t -...�_,.� �T �,: r'�.�;� . � : �:. h�i�� 2 1 'i:'s�7 DISADVANTAGES IF NOT APPROVEQ: TOTAL AMOIIN7' OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACCNITY NUMSER: FTNANCIALINFORMATION:(EXPLAtIh ATTACHMENT TO GREEN SHEET cf� _�O� j Below represents the changes for the 1997-1999 Collective Bazgaiiung Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. Wa�es and Benefits The City agreed to the prevailing wage rate. F:�L.ABREUCONTRACTSHTMETLV 997-99�A'1'3'ACH97 � a� j°�f f �� � � � � _ �� � , _ _. �IAI'' 1; 199fi_:TH�tU APRII,30, 1999LL.. �tI�II�T'E3YANCE,i�i�OR AGRE�ME�TT � _ -- � , _ , ,. _, _ „ _ _ _, , - � ; _ �� �. _ t > .,. �� � - � � �, - � = �, bef�ee�i� . � 1 � = TI-�E .Ci�Y �0� SAIN� Pi�L� ;' ,, ' : � f r C.: `� � ` , = : - ' a. . , , . , ,�' _. - _ � � .. _�� , _: � Y h i � � - and _ � �. , � r ._.. � �. �.:; - .,, : �iP\=,.i�-+111tt'ai1Cf,S�tiL�:`tXhYJlJli:it'�11iV1\ s _ �.:^ �° .�: ; �-.� �,,� - � ��� �� x < < x - � x ` - 0 1 F l� fr t � t � F a � t� _ � ' � � _ � 1 q� - lOg ( CJ ARTICLE fiITLE PAGE INDEX Preambie ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hoursof Work ....................................3 9 Overtime ........................................4 10 Call IniCall Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ..........................................5 13 Fringe Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Selection of Lead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . b • IS Holidays .........................................5 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Juzisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Tools ...........................................9 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Non-Discrimination ................................ 12 25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Waiver .........................................13 27 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Duration and Piedge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A ..................................... A1 AppenducB ......................................Bl Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C1 • APPendix D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl � , � ��-�o�� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafrer referred to as the Employer and the Sheet Metal Workers Tnternational Association Local 10 hereinafter referred to as the Union. The Employer and Che Union concur that this Agreement has as its objective the promotion of ihe responsibilities of the City of Saint Paul for the benefit of the generai public through effective ]abor-management cooperation. � The Employer and the Union both realize that this goal depends not only on the wards in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Ciry, the Union, and the individual employees will best serve the needs of the general public. • ii �� -�ag � • ARTICLE 1 - PURPOSE 1.1 The Employer and the jTnion agree ffiat the purpose for entering into this Agreement is to: i.l(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safety and well-being of aii concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supp]ement to legislation that creates and directs ffie Employer. If any part of this Agreement is in conflict with such legislation, ihe 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 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status of regular, probationary, provisionai, and temporary empioyed 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 dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to estab]ish 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 oFpersonnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to el'uninate, modify, or estabiish foliowing written notification to the Union. • -1- a�1 � �og 1 ARTICLE 4 - UNION RIGHTS 4.1 The Empioyer 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 duected by ihe Union. 4.1(i) The Employer shaIi not deduct dues from the wages of empioyees covered by this Agreement for any other Iabor organization. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bazgaining unit io 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 his designated representative shaI1 be permitted to enter the facilities of the Employer where empioyees covered by this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5. 2 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all emp2oyees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civi] Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PR�BATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employmem stams shail serve a six (6} month probationary period during which time the empIoyee's finess 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 discredon of the Employer without appeat to the provisions of Article 22 (GRIEVANCE PROCEDURE). � . -2- • �i� �IOBi ARTICLE 6 - PROBATIONARY PERIODS (Continued) • b.l(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 monih promotional probationary period during which tune the employee's fimess and ability to perform the position's duries and responsibilities shall he 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 Ariicie 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which shail be sent to the Union, and the employee shail be returned ta his/her previously held ciass. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT A1�TD • COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fr3nge benefit sysiem. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate an houriy fringe benefit rate as found in Articles 12 (WAGES) and 13 (F12INGE BENEFITS}. 73 No other compensation or fringe benefit shall be accumulated or eamed by an emp]oyee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shal] 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 shall be five (5) consecutive normat work days. • -3- a�-�o�� ARTICLE 8- AOURS OF WORK (Continued) 8.3 This section shal] not be construed as, and is not a guarantee of, any hours of work per normal work day or per normai work week. 8.4 AII employees shall be at the Iocation designated by their supervisor, ready for work, at the established starting time and shail remain at an assigned work location untii ttie end of the established work day unless otherwise directed by ttteir supervisor. 8.5 All employees are subject to call-back by Yhe Employer as provided by Article 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - �VERTIME • 9.1 Al] overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No over[ime work claim will be honored for payment • or credit unless approved in advance. An overtime claim wiil 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 (1.5) the basic hourly rate shall be paid for work performed under the following circamstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2} Time worked on a sixth (6th} day following a normai work week. 9.3 The overtirne rate of two (2) times the basic hourly rate shall be paid for work performed under the following circnmstances: 9.3(1) Time worked on a holiday as defined in Articie 15 (HOLIDAYS}; 9.3(2) Time worked oa a seventh (7th) day fotlowing a normal work week; and 93(3) Time worked in excess of lwelve (IZ) consecutive hours in a twenty-four (24) hour period, provided, that a11 "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). • -4- q�-logl • ARTICLE 4 - OVERTm� (Conrinued) 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shall be gaid 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 or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called in or calied back sha11 receive a minunum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1) Notwithstanding Articie 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). ARTICLE 11 - WORK LOCATIOl�T, RESIDENCY i l.l 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. 112 The resolution pertaining to residency approved 7u1y 26, 1974, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 The basic houriy wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Provisional and temporary employees shali be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions andJor deductions made in their behalf as provided for by Article 13 (FRINGB BEI3EFITS). • -5- a� - l o� � ARTICLE 13 - FRINGE BENEFITS 13.1 The Empioyer shall make conuibutions 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, probationary and regular employees skalt be eligible for a paid holiday for Labor Day, the first Monday in September ia accordance with the Saint Paul Salary PIan and Rates of Compensation. ARTICLE 24 - SELECTION OF LEAD SI3EET METAL WORKER 14.1 The selection of personnel for the class Lzad Sheet Meta] Worker shall remain solely with the Employer. 14.2 The ciass Lead Sheet Metal Worker shalt be fifted by employees of the bargaining unit on a "temporary assignmenY'. 14.3 AII "temporary assignments" shalI be made only at the direction of a designated Empioyer supervisor. � 14.4 Such "temporary assignments" shal] be made only in cases where the position is vacant * for more than one (I) normaI work day. ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January Presidenu' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Veterans' Day, November I1 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of ihese three (3} holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. • � q1- l Og � ARTICLE 15 - HOLIDAYS (Continued) • 153 The ien (10) holidays shali be considered non-work days. 15.4 If, in the judgtnent of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "calied in" or "called back" in accordance with Article 10 (CALL INICALL 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 Employees assigned to work on New Year's Day, Memorial Day, Independence 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 Empioyees working on L.abor Day sha11 be recomgensed for wozk done on this day by being granted compensatory tirne 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 empioyee's regular holiday pay. • ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have 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) Demotion 16.2(5) Discharge 16.3 Employees who are susgended, demoted, or discharged shail have the right to request that such actions be reviewed by the Civil 5ervice Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shail be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal af a suspension, demotion, or discharge shail be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). • _7_ a� - �o� � ARTICLE 17 - ABSENCES FROM WORK 1'7.1 Employees who are unable to reporc for the'u normal work day fiave 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. 17.2 Failure to make such notification may be groun@s for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 17.3 Failure to report for work without notification for three (3) cansec¢tive normal work days may be considered a"quit" by the Employer on the gart of the employee. ARTICLE 18 - SEh�IORITY 18.1 Seniorit}�, for the purposes of this Agreement, shall be defned as follows: 28.1(i) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the 2ast date of employment in any and all class titles covered by this Agreement. � 18.1(2} °Class Seniority" - the iength of continuous regular and probationary service with the Employer from the date an • employee was first appointed to a class tiYle covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid leave of absence, excegt when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of il]ness or injury; is granted to aiiow an empIoyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time positian with ihe Union. I$.3 Senioriry shaIl temunate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by ihe Employer Yhat it is necessary to reduce the work force employees will be laid off by class tide within each Departrnent hased on inverse Iength of "Class Senioriry." Employees iaid off shaII have the right to reinstatement in any lower-paid ciass title provided, employee has greater "Master Seniority" than the employee being reglaced. 18.5 The selection of vacation periods shail be made by class title based on Iength of "Ciass Seniority", subject to the agpmval of the Employer. � �� a - � og � � ARTICLE 19 - 3IIRISDICTION 14.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing emp]oyees 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 unions involved and the Employer shall meet as soon as mutually possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originaily assigned pending resolution of the dispute or to restrict the Emgloyer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as c]arified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • • A.RTICLE 20 - SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the foliowing actions: 20.1(i) 20.1(2) 20.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge. As provided in Articie 16. Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisionai employment status may be tezminated at the discretion of the Employer before the compSetion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shali personaily provide themselves with the tools of ihe trade as listed in Appendix B. � a� - �o� � ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Steward selected in accordance wirh Union rules and • regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of tiie name of the Steward and of his/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 shaII therefore be accomplished during working hours oniy when consistent with such employee duties and responsibi2ities. The Steward involved and a grieving employee shall suffer no ]oss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of iheir supervisor to be abseni to process a grievance and that such absence would not be detrunental to the work programs of the Employer. 22.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resoived in conformance with the foTlowing procedure: Step L Upon the occurrence of an alleged violation of this Agreement, the emgloyee • involved shall attempt to resolve the matter on an informal basis with the emplayee's supervisor. If the matter is not resalved to the employee's satisfaction by the informal discussion it may be reduced to writing an@ 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 violaiion of the Agreement not reduced to writing by the Union wi[hin seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of ihe first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) caiendar days after receiving ttie written grievance a designated Employer supervisor shall meet with ihe Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresotved, the Employer shal2 repty 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) calendaz days following receipt of the Emptoyer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Si[i� q� -1 Q� f � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) Step 3. Within seven (7) calendar 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) calendar days fQliowing 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 zeferred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali 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 arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days afrer notice has been given. If the parties faii to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the � Pubiic Employment Relations Boud 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 (Ist) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaining persan 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 arbitratar shali 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 appiication 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, uniess the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or applicati�n of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shatl be finai and binding on the Emgloyer, the Union, and the employees. . -il- a�-�o� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 The fees and expenses for the azbivator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatun 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 mutuai agreement of the Employer and rhe L3nion. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Emgloyer may, at any time during 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 ninery {90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by ihis Agreement shall in al] cases be made only to employers who qualify in accordance with Ordinance No. � I4013. ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees 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 rtse Union. 24.2 Employees wiil perform the'u duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -12- � q� - iGg i 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 judiciai 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 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, adminisuative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge 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 aftez 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 obligated to meet and negotiate over any term or conditions � of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, hawever, mutually agree to modify any provision of this Agreement. 26.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent wlth this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertairung to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such rennbursement, all officers and employees must receive written authorization from the Deparunent Head. , -13- �� -�o� ► ARTICLE 27 - CITY MII.EAGE (Continued) Type L 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 vehicie is actually used in performing the duties of the employee's position. In addition, the emgioyee 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 available for the employee's use but the empioyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shatl not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULART.Y during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shail be reunbursed $0.20 per mile for each mile actual�y 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 available for the employee's use but the employee desires to use his/her own • automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 273 The City will provide parking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall fiie daiiy reporCS indicating miles driven and sha11 file monthly affidavits stating ttie number of days worked and the number of miles driven, and further reqvire that they maintain automobile 2iabi�ity insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or Iiability insurance in amounts not Iess t[�an $300,000 singie Iimit coverage, with the Ciry of Saint Paal named as an additianal insared. These ru2es and regulations, together with the amendmenu ihereto, sha21 be maintained on file with the City Clerk. _14_ • q� - i0gi i � ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1, 1997, except as specifically provided otherwise in this Agreement, and shall remain in effect ihrough the 30th day of April, 1999, and continue in effect from year to year thereafter unless notice to given to change or to terminate this agreement. 28.2 If either party desires to ternunate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or termivate the Agreement sha11 give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior Co 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 estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their wark, ar absent themseives in whole or part from the full, faithful performance of their duties of employment. 28.3(2) The Employer will not engage in, instigate, or condone any lock-out of empioyees. 28.3(3) This constitutes a tentative agreement between the parties which wi11 be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. � Agreed to this 19th day of August, 1997 and attested to as the fuil 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 Association: FOR TAE CITY OF ST. PAUL l Mary H. earney Director of Labor Relations SHEET METAL WORKERS TNTERNATTONAL ASSOCIATION, LOCAL 10 � • ohn Beaulieu Business Manager -15- q� - log I • APPENDIX A The classes recognized by the Employer as being exciusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal I,ead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Metal Inspector; and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. G • - A1 - q�i-io�i • APPENDIX B Tool Box Whitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Smali Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square Prick Punch 10' Tape Dividers • -B1- �� ` ���5 + APPENDIX C • The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker • • Lead Sheet Metal Worker Sheet Meta1 Inspector lst Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective Effective 04/26/97 0 / 1/ (or closest payroll period) $26.42* $26.32* $28.17* $27.29� $28.17* $29.17* $28.07* $27.19* $28.07* $29.07* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Pubiic Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This rate will increase to 1.0518 effective January 1, 1998. The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes shall be: SheeT Metal R'orker L.ead Sheet Metal Worker Sheet MetalInspector ist Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective 04/26/97 $22.48** $23.97** $23.22** $23.97** $24.82** Effective 1/01( (or closest paycoil period) $22.24** $23.72** $22.98** $23.72** $24.57** Effective April 25, 1998, there will be an additional $L14 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.14 between wages and fringes. -Cl- q� -ia� � APPENDIX C (Continued) • * Effective A�ril 26. 1997, this rate includes the $1.85 taJCable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective A�ril 26. 1997, this rate includes the above ta.zable deductions in addition to 72 hours of paid holidays and 160 hours of paid vacation per fiscal year. Vacation carry over shail 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 Deparanent. After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contributions listed in Appendix 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. The State of Minnesota has changed the Public Emplopees Retirement Association (PERA) contribution rates for employers and employees. The rates listed effective January 1, 1998 show this change. � • -C2- q�-�ogi n���.n ►. � � Effective April 26, 1997, the Employer shail: (i) contribute to a Welfare Fund $2.76 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Local Pension Fund $1.60 per hour for all hours worked by participating empioyees, as defined above. (3) conuibute to a National Pension Fund $1.60 per hour for all hours worked by participating empioyees, as defined above. Effective January 1, 1998 (or the closest payroll period), this contribution will increase to $1.70. (4) deduct and forward to a Vacation Fund $1.85 per hour for all hours worked by participating employees, as defined above. (5) contribute to the 3ourneyman and Apprenticeship Training Fund $0.27 per hour for ail hours worked by participating employees, as defined above. (6) contribute to the National Scholarship Fund $0.03 per hour for all hours worked by participating empioyees, as defined above. i (7) deduct and forward to the Youth to Youth Fund $0.25 per hour for ali hours worked by participating employees, as defined above. The Empioyer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating empIoyees are decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shail establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is lunited to the contributions and(or deductions 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 forwarded contributions and/or deductions. i -Dl- ATTACAMENT TO GREEN SAEET � 7 ' �� t Below represents the changes for the 1997-1999 Collective Bargaining Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. Wages and Benefits The City agreed to the prevailing wage rate. F:U.ABREL\CONTRAC7lS1II'METL11997-99�.9TTACH97 � � - � � � �� ��} . , _._ -- - .- �. _ 'c �• �' - ` ' . �. - .� '_ _ _ 1�IAY- i;1997: T`f�R�T .APRIL, 3Q, 1999 . - 11?��INTEN�TCE LABOR� AGItEEiV�N'� � � - betsve� - - - ;: �. � _ - �T �� � ' � ���r��o� s��r rAUi, � _� �� ; � - ° z . _ �� _ < �.. �. �__ � ,.� .? , r , - � ' 1 � �{Y t 5 � . �: l ( v � �. a � c Y ' � o y � i', . . ! - , . _ K � SI��E�' 1kIET�. W�R.I�EI�S ; ` Tl�'�E�.NATI�IR�A�, r�S�QC�A�I�N ` ` , ,r LflCAL 1Q ' - > - , _ -_ ,_ � , �� �. .,-� _ �- , � .�. �,:�. - � , - �- t - _ a = - ., �_ ,� - - � _ z , . - - _ , � , , _, � � � � r� > - � _ �_.. � . : ; ,, 4 .� _� . „ _ ��r ' � _ ` _ - . . w , _< ': ' -,� - - , , .� - ,- � �-- ,., _ _ .? - Q�-l0� � � • • ARTICLE TITLE �� � � Preamble ........... PAGE .........................ii 1 Purpose .........................................i 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hoursof Work ....................................3 9 Overtime ........................................4 10 Cali In/Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ..........................................5 13 Fringe Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Selection of I.ead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . 6 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Tools ...........................................9 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Non-Discrunination ................................ 12 25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Waiver .........................................13 27 City Mileage Pian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A ..................................... A1 Appendix B ......................................B1 Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl q�-��8� � �J PREAMBLE This Agreement is entered into between the City of Saini Paul, hereinafter refened to as the Employer and the Sheet Metal Workers Intemational Association Local 10 hereinafter refened to as the [Jnion. 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 Bmployer and the Unaon both realize that this goal depends not only on the words in the Agreement but rather primarity on attitudes between people at atl levels of responsibiliry. Constructive attitudes of the City, the L3nion, and the individual employees wifl best serve the needs af the generai public. • ii Q� -tog I • ARTICLE 1- PURPOSE i.l 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 concemed; L1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the IJnion; 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 le�islation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to ihe statute as provided by Anicle 25 (SEVERABILITY). � ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the L3nion as the exclusive representative for collective bargaining purposes for all personnel having an employment status 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 dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ati personnel, facilities, and equipment; to esiablish 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 lunited 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 estahlish following written notification to the Unaon. • -1- a�. - �o� � ARTICLE 4 - IJl\�ION 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 d¢es. 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 aU claims or charges made against the Employer as a result of the implementation of ttus Article. 4.2 The Union may designate one (i} employee from the bargaining unit to act as a Steward and shati inform the Employer in writing of such designation. Such employee shali have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE). 43 Upon notification to a des3gnated Employer supervisor, the Business Manager of the Union, or his 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 Agreement establishes the "terms and conditions of employmenT" defined by M.S. 179.63, Subd. 18 for atl empIoyees excIusively represented by the Union. This Agreement shaIi supersede such "terms and condivons of employment" established by Civil Service Rule, CounciI Ordinance, and Council ResoIution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originaliy fiired or rehired foIlowing separation, in a reguIar empioyment status shall serve a six (6} month probationary period during which time the employee's fitness and ability to perfarm the position's duties and responsibitities sha21 be evaluated. b.l(1) At any time during the probationary period an emgloyee tnay be temunated at the discretion of ihe Employer without appeal to the provisions of Anicle 22 (GRIEVANCE PROCEDURE). i . _2_ . a� - �og i • ARTICLE 6 - PROBATIONAR.Y PERIODS (Continued) 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 A13 personnel promoted to a higher class shall serve a siz month promotional probationary period during which time the employee's fitness and abiliry to perform the position's du6es and responsibilities shall be evaluated. 6.2(1) At any time during ihe promotional probationary period an employee may be demoted to the empioyee's previously he]d class at the discretion of the Emp3oyer without appea] to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which sha13 be sent to the i3nion, and the employee shall be returned to his/her previous3y held class. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND • CO.�VIPENSATION 7.1 The Employer and the Union aze in full agreement that ihe philosophy 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 an 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 eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (3Q} minute unpaid lunch period between 7:00 a.m. and 7:00 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days. • -3- a� -�a� � ARTICLE 8- HOURS OF WORK (Continued) 8.3 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.4 All empioyees shalt be at the location designated by their supervisor, ready for work, at The estabiished star[ing time and shatl remain at an assigned work location unti2 the end of the established work day unless otherwise directed by their supervisor. 8.5 AIl employees are subject to call-back by the Employer as provided by tlrticle 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the estabiished starting time and for whom no work is available shail receive pay for iwo (2) hours, at the basic houriy 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 Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim wili be honored for payment . or credit unless apgroved in advance. An overtime claim will not be honored, evea ihough shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-haIf (I.S} the basic hourIy rate shalI be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2) Tune worked on a sixth (6th) day fol]owing a normal work week. 9.3 The overtime rate of two (2} times the basic hourly rate shall be paid for work performed under the foilowing circumstances: 93(1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 9.3(2) Tnne worked on a seventh {7th) day following a normal work week; and 9.3(3) Time worked in excess of tweIve (12) consecutive hours in a twenry-four (24) hour period, provided, that a21 "emergency" work reqaired by "Acts of God" shalt be compensated at the rate of one and one-half (1.5). • � a� - iog � • ARTICLE 9 - OVERTIME (Continued) 9.4 For the purposes of calculating overtune compensation overtime hours worked shaIl 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 10.1 The Employer retains the right ta call in or call back employees before an employee has staned a normal work day or normal work week and after an employee has completed a normal work day or normai work week. 10.2 Employees cailed in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1) Notwithstanding Article 10.2, empIoyees called in four (4) hours or less prior to their normal work day shall compiete the normal • work day and be compensated only for the overtime hours worked in accordance with Article 9(OVERTIME). ARTICLE 11 - WORK LOCATION, RESIDENCY i i. i Employees shaii 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. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shali apply to all employees covered by this Agreament. ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as established by Appendix C shali be paid for all 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 andJor deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). . -5- a 1 ARTICLE 13 - FRINGE BENEFITS 23. f The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ail hours worked. 13.2 Provisional, probationary and regular emgloyees shall be eligible for a paid holiday for Labor Day, the first Monday in September in accordance with the Saint Paul Salary Pian and Rates of Compensation. ARTICLE 14 - SELECTI4N OF LEAD SHEET METAL WC?RKER 14.1 The selection of personnel for the class Lead Sheet Meta] Worker shall remain solely with the Employer. 14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bargaining unit 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 on2y in cases where the position is vacant • for more than one (1} normal work day. ARTICLE 15 - HOLIDAYS I5.1 The following ten (10) days shall be designated as holidays: New Year's Day, January i Martin Luther King IIay, Third Monday in January Presidents' Day, Third Monday in Febnzary Memorial Day, lasi Monday in May Independence Day,July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thurs@ay in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christtnas Day falis on a 5unday, the following Monday shalt 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. . � a�-�o8� ARTICLE 15 - HOLIDAYS (Continued) • 15.3 The ten (1Q) holidays shall be considered non-work days. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL INfCALL BACK�. 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day Afrer Thanksgiving sha11 be compensated on a suaight time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Employees working on I,abor Day shall be recompensed for work done on this day by bein� granted compensatory time 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 regular holiday pay. . ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have 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) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Conunission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appea] of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of ArtScle 22 (GRIEVANCE PROCEDUIZE). i _, _ a�-io�� ARTICLE 17 - ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal work day have the responsibiiity to notify their supervisor of such absence as soon as possible, butin no eventtaterthan the beginning of sach work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCII'LINARY 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 pan of the employee. ARTICLE 18 - SElvIORITY 18. 2 Seniority, for the purposes of this Agreement, shatl be defined as foltows: 18.1(1) "Master Senioriry" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and aII class titIes covered by t[us Agreement. C; 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 title covered by this Agreement. 18.2 Seniority shail not accumulate during an unpaid leave of absence, except when such a teave is granted for a period of less than thirty (30) ealendar days; is granted because of illness or injury; is granted zo allow an employee to accept an appointment to the unclassifred service of the Emp3oyer or to an elected or appointed full-time position with the Union. I8.3 Seniority shall tercninate 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 work farce employees will be laid off by class ritle within each Deparnnent based on inverse length of "Class Senioriry." EmpIoyees iaid off shaIi have the right to reinstatement in any lower-paid ciass titie provided, employee has greater "Master Senioriry" than the employee being repiaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the apgroval of the EmpIoyer. n L.I � q�-�og� � ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Bmployer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiciion by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions invoived and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shail resuict the right of the Employer to accomplish the work as originaily 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 Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDt3RES). 19.5 There shal] be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � �� ARTICLE ZO - SEPARATION 20. i Employees having a probationary or regular empioyment status shall be considered separated from employment based on ihe following actions: 20.1(1) 20.1(2) 20.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge. As provided in Article 16. Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisional employmenc status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shali personally provide themselves with the tools of the trade as listed in Appendix B. � a�.-��� � ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Steward selected in accordance with Union rules and � regutations as the grievance representative of the bargaining unit. The Union shali notify the Enzployer in writing of the name of the Stewazd and of his/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 shall therefore be accomplished during working hours only when consistent with such employee duties and responsibIlities. The Steward involved and a grieving employee sha11 suffer no ]oss in pay when a grievance is processec3 during working hours, provided, the Steward and the employee have noufied and received the approval of their supervisor to be absent to process a grievance and t6at 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, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the ternis and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurtence 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 empioyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The wrinen grievance shall set forth the nature of the grievance, the facts on which it is based, the aIleged section(s) of the Agreement viotated, and the relief requested. Any alleged violation of the Agreement not reduced to writutg by the Union within seven (7) calendar days of the first accurrence 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 eveni giving rise to the grievance, shali be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shali meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, tfie Employer shall repIy in writing to the Union within three (3) calendar days following this meeting. The IInion may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not refened in writing by the tTnion wittun seven (7} calendar days foliowing receipt of the Employer's answer shall be considered waived. • -10- � ARTICLE 22 - GRIEVA.NCE PROCEDURE (Continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EmpIoyer supervisor shail meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing ttus 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 ihe grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Empioyer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union 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 reguest the Public Employment Relations Board to submit a panel of five (5} arbitrators. � Both the Empioyer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process wiil be repeated and the remaining person shali be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subuact from the provisions oY this Agreement. Tbe arbitratar shail consider and decide oniy the specific issue submitted in writing by the Empioyer and the Union and shail have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without pawer to make decisions contrary to or inconsisteni with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shali be submitted in writing within thirty (30) days foliowing ciose of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presenied. The decision of the arbitrator shall be final and binding on the Employer, the Union, and ihe employees. . -11- ��-�o� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.6 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 shalI be responsible for compensating iu 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. ARTICLE 23 - RIGI�T OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In ihe event that such contracting would resuli in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninery (90) calendar day noTice of the intention to subcontract. � 23.2 The subconuacting of work done by the emptoyees covered by this Agreement shall in ail cases be made onty to employers who qualify in accordance with Ordinance No. � 14013. ARTICLE 24 - NON-DISCRIMINATION 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 and responsibilities in a non-discriminatory manner as such dutfes and responsibilities involve other employees and the general public. -12- LJ / �t 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 appeai is taken, such grovision(s) shali be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter inio negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportuniry to make proposais with respect to any subject concerning the terms and conditions of empioyment. 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 obligated to meet and negotiate over any term or conditions • of employment whether specificaily 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, polacies, and ntles or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligibie for such teimbursement, a11 officers and employees must receive written authorization from the Department Head. � -13- q� -�o� � ARTICLE 27 - CITY MII,EAGE (Continued) Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be rennbursed at the rate of $4.00 per day for each day the employee`s vehicle is actually used in perfornung the duties of the employee's posirion. In addiuon, the empIoyee 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 deparunent head or designated representadve determines that an employer vehicle is avaiiabie for the empIoyee's use but the employee desires to use his/her own aucomobile, then the employee shati be reunbursed at ihe 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 shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shaii be reimbursed $0.20 per mile for each mile actually driven. � If such employee is required to drive an auTOmobile during employment and ihe department head or designated representative determines that an employer vehicle is avaiIable for the empIoyee's use but the employee desires to use his/her own � automobile, then the employee shatl be reimbursed at ihe rate of $0.2Q per mile driven and shatl not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Pazking Ramp for Ciry employees on either of the above mentioned rypes of reimbursement plans who are required to bave their personaI car avaiIable for City business. Such pazking wiII be provided only for the days the empioyee is required to have his or her own personal car available. 27.4 Rules and Regeilations: The Mayot shall adopt rules and regulations governing the procedures for automobile reunbursement, wlvch reg�lations and rules shall contain the requirement that recipienu shall file daily reports indicating miles driven and shatl file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain autamobite liabfliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limii 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 Ciry Clerk. _�4_ � a� - � o� � • • ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shail become effective as of May 1, 1997, except as specificaliy provided otherwise in this Agreement, and shall remain in effect through the 3Qth day of April, 1999, and continue in effect from year to year thereafter unless notice to given to change or to temiinate this agreement. 28.2 If either pariy 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 ninery (90) or less than sixry (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modi£ied 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(i) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the fuil, faithful performance of their duties of empioyment. 28.3(2) The Employer wi11 not engage in, instigate, or condone any lock-out of employees. 28.3(3) This consritutes a tentative agreemenY between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. • Agreed to this 19th day of August, 1997 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 Association: FOR THE CITY OF ST. PAUL Mary H. �earney Director of Labor Relations SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, L AL 10 V I �.c,�-�-�— J a Beaulieu usiness Manager -15- �� -lQg I � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal Lzad Sheet Metal Worker Sheet Metal Worker Apprentice Sheet MetalInspector; r1 U and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisd"action of the Union. • - A1 - ��l-logl • APPENDIX B Tool Box Whitney, Smali Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Foiding Rule Screw Driver Scratch Awis Pliers Szups, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square Prick Punch 1Q' Tape Dividers • -B1- • • n U g�l- l�� I APPENDIX C The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker L,ead Sheet Metal Worker Effective Effective 26l 7 1 1 (or closest payroll period) $26.42* $26.32* $28.17* $28.07* Sheet Metal Inspector i st Siep 2nd Step Senior Mechanicai Inspector-Sheet Metal $27.29* $28.17* $29.17* $27.19* $28.07* $29.07* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This rate will increase to 1.0518 effective January 1, 1998. The hasic houriy wage rate for provisional, regular, and probationary employees appointed to the foliowing classes shall be: Effective 4!Q 26/97 Sheet Metal Worker Lead Sheet Metal Worker Sheet MetalInspector lst Step 2nd Step $22.48** $23.97** $23.22** $23.97** Senior Mechanical Inspector-Sheet Metal $24.82** Effective 0110 J (or closest payroli period) $22.24** $23.72** $22.98** $23.72** $24.57** Effective April 25, 1998, there will be an additional $1.14 per hour increase added to the total package. The parties will agree prior to that date regarding the disuibution of the $1.14 between wages and fringes. - Cl - q�-�o� � APPENDIX C (Continued) • * Effective April 26. 1997, this rate includes the $1.$5 taxable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective A�ril 26. 1997, this rate includes the above taxable deductions in addition to 72 hours of paid holidays and 1�f0 hours of paid vacation per fiscal yeaz. Vacation carry over shall be paid in accordance with Section I H of the Saini Paul Salary Pian and Rates of Compensation. Vacauon must be approved by the Head of the Department. After appearing on the payroli for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contributions listed in Appendix 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. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and emplayees. The rates listed effective January 1, 1998 show this change. � r1 U ��� a�l - lOg i APPENDIX D • Effective April 26, 1997, the Employer shall: (1) contribute to a Welfare Fund $2.76 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Loca3 Pension Fund $1.60 per hour for all hours worked by participating employees, as defined above. (3) contribute to a National Pension Fund $1.60 per hour for ail hours worked by participating empioyees, as defined above. Effective 3anuary 1, 1998 (or the closest payroll period), this contribution will increase to $1.70. (4) deduct and forward to a Vacation Fund $1.85 per hour for all hours worked by participating empioyees, as defined above. (5) contribute to the Journeyman and Apprenticeship Trairung Fund $0.27 per hour for all hours worked by participating employees, as defined above. (6) contribute to the 1�Tational Scholarship Fund $0.03 per hour for all hours worked by participating employees, as defined above. • (7) deduct and Porward to the Youth to Youth Fund $0.25 per hour for all hours worked by participating employees, as defined above. The Employer wiil not make the above conuibutions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All contriburions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the L3nion. The Employer shall escablish Workers' Compensation and Unemp]oyment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to empioyees is lunited to the contributions andior deductions established by this Agreement. The actual level of benefits provided to employees sha11 be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � -D1- Council File # q'�( — (ac�'� ,�, f--, ,�, , . , . � Presented b} Referred To 1 2 3 RESOLUTION CITY OF�AJ�T PAUL, MINNESOTA Green Sheet #f 40164 /o�- Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1997 thru Apri130, 1999 Maintenance Labor Agreement between the City of Saint Pau1 and Sheet Metal Workers Intemational Association Local 10. Requested by Department of Office of Labor Relations By: ��.�...�Cx1 � � Form App v d by City ey B �f D /�LG� � 20-�7 Approve by May fo Submis '6n 5 Council By: A / �' � Approved by Mayor: Date !3� Adopted by Council: Date ��-�-_ _ 1 ��� Adoption Certified by Council Secretary J DEPARTMENT/OFFICE/COUNCIL: DATE INII7ATED GREEN SHEET No.: 40164 ��� ��" I LABOR RELATIONS 5-19-97 CON'TACT PERSON & PAONE: 1n717avnATe INt17qLipai� J[JLIE KRAUS 266-6513 qgSIGN 1 DEPARIM��NT D � 4 CITY COUNCIL 7� A'UMBER 2 CI7Y A77'ORNEY CI7Y CLERK MUST BE ON COUNCIL AGEIr'DA BY (DATE) FOR BUDGE7 DIR. FIN. & MGT. SERVICE DIIt. ROIIT�G 3 MAYOR (OR ASST.) � ORDER TOTAL # OF SIGNA'PURE PAGES (CLIP ALL LOCATIONS FOR SIGTA7'L7RE) ncrtox �QuesrEn: This resolution approves the attached May 1, 1997 thru April 30, 1999 Maintenance Labor Agreement between the Ciry of Saint Paul and Sheet Metal Workers International Association Local 10. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVSCE CO7VI'RAC75 MUST ANSW ER THE FOLLOWING QUEST30NS: _PLANNING COMMISSSON _CIVIL SERVICE COMMISS30N 1. Nu this petsoNfinn ever wwked under a contraM for this departrnent? CIB COMMITTEE Yes No STAF'F 2. Has this persoNfirm ever been a city employee7 _DISTRICT COURT Yes No SUPPORTS WHICH COIJNCIL OBJECITVE? 3. Does this penon/firm possess a skill not normally possessed by any current ciry employeel Yes No Explaia all yes answers on separate sheei aod attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTIliVJ7'Y (Who, W6a4 Wnen, Where, Why): ADVANTAGESIFAPPROVED� REC������ �u� z a �s97 DISADVANTAGESTFAPPROVED: � �'�33 P,� 1 t -...�_,.� �T �,: r'�.�;� . � : �:. h�i�� 2 1 'i:'s�7 DISADVANTAGES IF NOT APPROVEQ: TOTAL AMOIIN7' OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACCNITY NUMSER: FTNANCIALINFORMATION:(EXPLAtIh ATTACHMENT TO GREEN SHEET cf� _�O� j Below represents the changes for the 1997-1999 Collective Bazgaiiung Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. Wa�es and Benefits The City agreed to the prevailing wage rate. F:�L.ABREUCONTRACTSHTMETLV 997-99�A'1'3'ACH97 � a� j°�f f �� � � � � _ �� � , _ _. �IAI'' 1; 199fi_:TH�tU APRII,30, 1999LL.. �tI�II�T'E3YANCE,i�i�OR AGRE�ME�TT � _ -- � , _ , ,. _, _ „ _ _ _, , - � ; _ �� �. _ t > .,. �� � - � � �, - � = �, bef�ee�i� . � 1 � = TI-�E .Ci�Y �0� SAIN� Pi�L� ;' ,, ' : � f r C.: `� � ` , = : - ' a. . , , . , ,�' _. - _ � � .. _�� , _: � Y h i � � - and _ � �. , � r ._.. � �. �.:; - .,, : �iP\=,.i�-+111tt'ai1Cf,S�tiL�:`tXhYJlJli:it'�11iV1\ s _ �.:^ �° .�: ; �-.� �,,� - � ��� �� x < < x - � x ` - 0 1 F l� fr t � t � F a � t� _ � ' � � _ � 1 q� - lOg ( CJ ARTICLE fiITLE PAGE INDEX Preambie ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hoursof Work ....................................3 9 Overtime ........................................4 10 Call IniCall Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ..........................................5 13 Fringe Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Selection of Lead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . b • IS Holidays .........................................5 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Juzisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Tools ...........................................9 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Non-Discrimination ................................ 12 25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Waiver .........................................13 27 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Duration and Piedge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A ..................................... A1 AppenducB ......................................Bl Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C1 • APPendix D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl � , � ��-�o�� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafrer referred to as the Employer and the Sheet Metal Workers Tnternational Association Local 10 hereinafter referred to as the Union. The Employer and Che Union concur that this Agreement has as its objective the promotion of ihe responsibilities of the City of Saint Paul for the benefit of the generai public through effective ]abor-management cooperation. � The Employer and the Union both realize that this goal depends not only on the wards in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Ciry, the Union, and the individual employees will best serve the needs of the general public. • ii �� -�ag � • ARTICLE 1 - PURPOSE 1.1 The Employer and the jTnion agree ffiat the purpose for entering into this Agreement is to: i.l(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safety and well-being of aii concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supp]ement to legislation that creates and directs ffie Employer. If any part of this Agreement is in conflict with such legislation, ihe 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 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status of regular, probationary, provisionai, and temporary empioyed 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 dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to estab]ish 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 oFpersonnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to el'uninate, modify, or estabiish foliowing written notification to the Union. • -1- a�1 � �og 1 ARTICLE 4 - UNION RIGHTS 4.1 The Empioyer 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 duected by ihe Union. 4.1(i) The Employer shaIi not deduct dues from the wages of empioyees covered by this Agreement for any other Iabor organization. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bazgaining unit io 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 his designated representative shaI1 be permitted to enter the facilities of the Employer where empioyees covered by this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5. 2 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all emp2oyees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civi] Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PR�BATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employmem stams shail serve a six (6} month probationary period during which time the empIoyee's finess 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 discredon of the Employer without appeat to the provisions of Article 22 (GRIEVANCE PROCEDURE). � . -2- • �i� �IOBi ARTICLE 6 - PROBATIONARY PERIODS (Continued) • b.l(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 monih promotional probationary period during which tune the employee's fimess and ability to perform the position's duries and responsibilities shall he 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 Ariicie 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which shail be sent to the Union, and the employee shail be returned ta his/her previously held ciass. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT A1�TD • COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fr3nge benefit sysiem. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate an houriy fringe benefit rate as found in Articles 12 (WAGES) and 13 (F12INGE BENEFITS}. 73 No other compensation or fringe benefit shall be accumulated or eamed by an emp]oyee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shal] 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 shall be five (5) consecutive normat work days. • -3- a�-�o�� ARTICLE 8- AOURS OF WORK (Continued) 8.3 This section shal] not be construed as, and is not a guarantee of, any hours of work per normal work day or per normai work week. 8.4 AII employees shall be at the Iocation designated by their supervisor, ready for work, at the established starting time and shail remain at an assigned work location untii ttie end of the established work day unless otherwise directed by ttteir supervisor. 8.5 All employees are subject to call-back by Yhe Employer as provided by Article 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - �VERTIME • 9.1 Al] overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No over[ime work claim will be honored for payment • or credit unless approved in advance. An overtime claim wiil 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 (1.5) the basic hourly rate shall be paid for work performed under the following circamstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2} Time worked on a sixth (6th} day following a normai work week. 9.3 The overtirne rate of two (2) times the basic hourly rate shall be paid for work performed under the following circnmstances: 9.3(1) Time worked on a holiday as defined in Articie 15 (HOLIDAYS}; 9.3(2) Time worked oa a seventh (7th) day fotlowing a normal work week; and 93(3) Time worked in excess of lwelve (IZ) consecutive hours in a twenty-four (24) hour period, provided, that a11 "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). • -4- q�-logl • ARTICLE 4 - OVERTm� (Conrinued) 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shall be gaid 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 or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called in or calied back sha11 receive a minunum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1) Notwithstanding Articie 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). ARTICLE 11 - WORK LOCATIOl�T, RESIDENCY i l.l 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. 112 The resolution pertaining to residency approved 7u1y 26, 1974, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 The basic houriy wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Provisional and temporary employees shali be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions andJor deductions made in their behalf as provided for by Article 13 (FRINGB BEI3EFITS). • -5- a� - l o� � ARTICLE 13 - FRINGE BENEFITS 13.1 The Empioyer shall make conuibutions 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, probationary and regular employees skalt be eligible for a paid holiday for Labor Day, the first Monday in September ia accordance with the Saint Paul Salary PIan and Rates of Compensation. ARTICLE 24 - SELECTION OF LEAD SI3EET METAL WORKER 14.1 The selection of personnel for the class Lzad Sheet Meta] Worker shall remain solely with the Employer. 14.2 The ciass Lead Sheet Metal Worker shalt be fifted by employees of the bargaining unit on a "temporary assignmenY'. 14.3 AII "temporary assignments" shalI be made only at the direction of a designated Empioyer supervisor. � 14.4 Such "temporary assignments" shal] be made only in cases where the position is vacant * for more than one (I) normaI work day. ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January Presidenu' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Veterans' Day, November I1 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of ihese three (3} holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. • � q1- l Og � ARTICLE 15 - HOLIDAYS (Continued) • 153 The ien (10) holidays shali be considered non-work days. 15.4 If, in the judgtnent of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "calied in" or "called back" in accordance with Article 10 (CALL INICALL 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 Employees assigned to work on New Year's Day, Memorial Day, Independence 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 Empioyees working on L.abor Day sha11 be recomgensed for wozk done on this day by being granted compensatory tirne 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 empioyee's regular holiday pay. • ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have 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) Demotion 16.2(5) Discharge 16.3 Employees who are susgended, demoted, or discharged shail have the right to request that such actions be reviewed by the Civil 5ervice Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shail be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal af a suspension, demotion, or discharge shail be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). • _7_ a� - �o� � ARTICLE 17 - ABSENCES FROM WORK 1'7.1 Employees who are unable to reporc for the'u normal work day fiave 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. 17.2 Failure to make such notification may be groun@s for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 17.3 Failure to report for work without notification for three (3) cansec¢tive normal work days may be considered a"quit" by the Employer on the gart of the employee. ARTICLE 18 - SEh�IORITY 18.1 Seniorit}�, for the purposes of this Agreement, shall be defned as follows: 28.1(i) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the 2ast date of employment in any and all class titles covered by this Agreement. � 18.1(2} °Class Seniority" - the iength of continuous regular and probationary service with the Employer from the date an • employee was first appointed to a class tiYle covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid leave of absence, excegt when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of il]ness or injury; is granted to aiiow an empIoyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time positian with ihe Union. I$.3 Senioriry shaIl temunate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by ihe Employer Yhat it is necessary to reduce the work force employees will be laid off by class tide within each Departrnent hased on inverse Iength of "Class Senioriry." Employees iaid off shaII have the right to reinstatement in any lower-paid ciass title provided, employee has greater "Master Seniority" than the employee being reglaced. 18.5 The selection of vacation periods shail be made by class title based on Iength of "Ciass Seniority", subject to the agpmval of the Employer. � �� a - � og � � ARTICLE 19 - 3IIRISDICTION 14.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing emp]oyees 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 unions involved and the Employer shall meet as soon as mutually possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originaily assigned pending resolution of the dispute or to restrict the Emgloyer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as c]arified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • • A.RTICLE 20 - SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the foliowing actions: 20.1(i) 20.1(2) 20.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge. As provided in Articie 16. Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisionai employment status may be tezminated at the discretion of the Employer before the compSetion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shali personaily provide themselves with the tools of ihe trade as listed in Appendix B. � a� - �o� � ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Steward selected in accordance wirh Union rules and • regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of tiie name of the Steward and of his/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 shaII therefore be accomplished during working hours oniy when consistent with such employee duties and responsibi2ities. The Steward involved and a grieving employee shall suffer no ]oss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of iheir supervisor to be abseni to process a grievance and that such absence would not be detrunental to the work programs of the Employer. 22.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resoived in conformance with the foTlowing procedure: Step L Upon the occurrence of an alleged violation of this Agreement, the emgloyee • involved shall attempt to resolve the matter on an informal basis with the emplayee's supervisor. If the matter is not resalved to the employee's satisfaction by the informal discussion it may be reduced to writing an@ 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 violaiion of the Agreement not reduced to writing by the Union wi[hin seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of ihe first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) caiendar days after receiving ttie written grievance a designated Employer supervisor shall meet with ihe Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresotved, the Employer shal2 repty 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) calendaz days following receipt of the Emptoyer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Si[i� q� -1 Q� f � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) Step 3. Within seven (7) calendar 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) calendar days fQliowing 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 zeferred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali 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 arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days afrer notice has been given. If the parties faii to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the � Pubiic Employment Relations Boud 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 (Ist) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaining persan 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 arbitratar shali 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 appiication 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, uniess the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or applicati�n of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shatl be finai and binding on the Emgloyer, the Union, and the employees. . -il- a�-�o� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 The fees and expenses for the azbivator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatun 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 mutuai agreement of the Employer and rhe L3nion. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Emgloyer may, at any time during 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 ninery {90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by ihis Agreement shall in al] cases be made only to employers who qualify in accordance with Ordinance No. � I4013. ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees 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 rtse Union. 24.2 Employees wiil perform the'u duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -12- � q� - iGg i 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 judiciai 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 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, adminisuative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge 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 aftez 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 obligated to meet and negotiate over any term or conditions � of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, hawever, mutually agree to modify any provision of this Agreement. 26.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent wlth this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertairung to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such rennbursement, all officers and employees must receive written authorization from the Deparunent Head. , -13- �� -�o� ► ARTICLE 27 - CITY MII.EAGE (Continued) Type L 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 vehicie is actually used in performing the duties of the employee's position. In addition, the emgioyee 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 available for the employee's use but the empioyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shatl not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULART.Y during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shail be reunbursed $0.20 per mile for each mile actual�y 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 available for the employee's use but the employee desires to use his/her own • automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 273 The City will provide parking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall fiie daiiy reporCS indicating miles driven and sha11 file monthly affidavits stating ttie number of days worked and the number of miles driven, and further reqvire that they maintain automobile 2iabi�ity insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or Iiability insurance in amounts not Iess t[�an $300,000 singie Iimit coverage, with the Ciry of Saint Paal named as an additianal insared. These ru2es and regulations, together with the amendmenu ihereto, sha21 be maintained on file with the City Clerk. _14_ • q� - i0gi i � ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1, 1997, except as specifically provided otherwise in this Agreement, and shall remain in effect ihrough the 30th day of April, 1999, and continue in effect from year to year thereafter unless notice to given to change or to terminate this agreement. 28.2 If either party desires to ternunate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or termivate the Agreement sha11 give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior Co 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 estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their wark, ar absent themseives in whole or part from the full, faithful performance of their duties of employment. 28.3(2) The Employer will not engage in, instigate, or condone any lock-out of empioyees. 28.3(3) This constitutes a tentative agreement between the parties which wi11 be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. � Agreed to this 19th day of August, 1997 and attested to as the fuil 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 Association: FOR TAE CITY OF ST. PAUL l Mary H. earney Director of Labor Relations SHEET METAL WORKERS TNTERNATTONAL ASSOCIATION, LOCAL 10 � • ohn Beaulieu Business Manager -15- q� - log I • APPENDIX A The classes recognized by the Employer as being exciusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal I,ead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Metal Inspector; and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. G • - A1 - q�i-io�i • APPENDIX B Tool Box Whitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Smali Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square Prick Punch 10' Tape Dividers • -B1- �� ` ���5 + APPENDIX C • The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker • • Lead Sheet Metal Worker Sheet Meta1 Inspector lst Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective Effective 04/26/97 0 / 1/ (or closest payroll period) $26.42* $26.32* $28.17* $27.29� $28.17* $29.17* $28.07* $27.19* $28.07* $29.07* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Pubiic Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This rate will increase to 1.0518 effective January 1, 1998. The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes shall be: SheeT Metal R'orker L.ead Sheet Metal Worker Sheet MetalInspector ist Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective 04/26/97 $22.48** $23.97** $23.22** $23.97** $24.82** Effective 1/01( (or closest paycoil period) $22.24** $23.72** $22.98** $23.72** $24.57** Effective April 25, 1998, there will be an additional $L14 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.14 between wages and fringes. -Cl- q� -ia� � APPENDIX C (Continued) • * Effective A�ril 26. 1997, this rate includes the $1.85 taJCable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective A�ril 26. 1997, this rate includes the above ta.zable deductions in addition to 72 hours of paid holidays and 160 hours of paid vacation per fiscal year. Vacation carry over shail 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 Deparanent. After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contributions listed in Appendix 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. The State of Minnesota has changed the Public Emplopees Retirement Association (PERA) contribution rates for employers and employees. The rates listed effective January 1, 1998 show this change. � • -C2- q�-�ogi n���.n ►. � � Effective April 26, 1997, the Employer shail: (i) contribute to a Welfare Fund $2.76 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Local Pension Fund $1.60 per hour for all hours worked by participating empioyees, as defined above. (3) conuibute to a National Pension Fund $1.60 per hour for all hours worked by participating empioyees, as defined above. Effective January 1, 1998 (or the closest payroll period), this contribution will increase to $1.70. (4) deduct and forward to a Vacation Fund $1.85 per hour for all hours worked by participating employees, as defined above. (5) contribute to the 3ourneyman and Apprenticeship Training Fund $0.27 per hour for ail hours worked by participating employees, as defined above. (6) contribute to the National Scholarship Fund $0.03 per hour for all hours worked by participating empioyees, as defined above. i (7) deduct and forward to the Youth to Youth Fund $0.25 per hour for ali hours worked by participating employees, as defined above. The Empioyer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating empIoyees are decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shail establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is lunited to the contributions and(or deductions 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 forwarded contributions and/or deductions. i -Dl- ATTACAMENT TO GREEN SAEET � 7 ' �� t Below represents the changes for the 1997-1999 Collective Bargaining Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. Wages and Benefits The City agreed to the prevailing wage rate. F:U.ABREL\CONTRAC7lS1II'METL11997-99�.9TTACH97 � � - � � � �� ��} . , _._ -- - .- �. _ 'c �• �' - ` ' . �. - .� '_ _ _ 1�IAY- i;1997: T`f�R�T .APRIL, 3Q, 1999 . - 11?��INTEN�TCE LABOR� AGItEEiV�N'� � � - betsve� - - - ;: �. � _ - �T �� � ' � ���r��o� s��r rAUi, � _� �� ; � - ° z . _ �� _ < �.. �. �__ � ,.� .? , r , - � ' 1 � �{Y t 5 � . �: l ( v � �. a � c Y ' � o y � i', . . ! - , . _ K � SI��E�' 1kIET�. W�R.I�EI�S ; ` Tl�'�E�.NATI�IR�A�, r�S�QC�A�I�N ` ` , ,r LflCAL 1Q ' - > - , _ -_ ,_ � , �� �. .,-� _ �- , � .�. �,:�. - � , - �- t - _ a = - ., �_ ,� - - � _ z , . - - _ , � , , _, � � � � r� > - � _ �_.. � . : ; ,, 4 .� _� . „ _ ��r ' � _ ` _ - . . w , _< ': ' -,� - - , , .� - ,- � �-- ,., _ _ .? - Q�-l0� � � • • ARTICLE TITLE �� � � Preamble ........... PAGE .........................ii 1 Purpose .........................................i 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hoursof Work ....................................3 9 Overtime ........................................4 10 Cali In/Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ..........................................5 13 Fringe Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Selection of I.ead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . 6 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Tools ...........................................9 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Non-Discrunination ................................ 12 25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Waiver .........................................13 27 City Mileage Pian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A ..................................... A1 Appendix B ......................................B1 Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl q�-��8� � �J PREAMBLE This Agreement is entered into between the City of Saini Paul, hereinafter refened to as the Employer and the Sheet Metal Workers Intemational Association Local 10 hereinafter refened to as the [Jnion. 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 Bmployer and the Unaon both realize that this goal depends not only on the words in the Agreement but rather primarity on attitudes between people at atl levels of responsibiliry. Constructive attitudes of the City, the L3nion, and the individual employees wifl best serve the needs af the generai public. • ii Q� -tog I • ARTICLE 1- PURPOSE i.l 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 concemed; L1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the IJnion; 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 le�islation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to ihe statute as provided by Anicle 25 (SEVERABILITY). � ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the L3nion as the exclusive representative for collective bargaining purposes for all personnel having an employment status 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 dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ati personnel, facilities, and equipment; to esiablish 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 lunited 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 estahlish following written notification to the Unaon. • -1- a�. - �o� � ARTICLE 4 - IJl\�ION 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 d¢es. 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 aU claims or charges made against the Employer as a result of the implementation of ttus Article. 4.2 The Union may designate one (i} employee from the bargaining unit to act as a Steward and shati inform the Employer in writing of such designation. Such employee shali have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE). 43 Upon notification to a des3gnated Employer supervisor, the Business Manager of the Union, or his 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 Agreement establishes the "terms and conditions of employmenT" defined by M.S. 179.63, Subd. 18 for atl empIoyees excIusively represented by the Union. This Agreement shaIi supersede such "terms and condivons of employment" established by Civil Service Rule, CounciI Ordinance, and Council ResoIution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originaliy fiired or rehired foIlowing separation, in a reguIar empioyment status shall serve a six (6} month probationary period during which time the employee's fitness and ability to perfarm the position's duties and responsibitities sha21 be evaluated. b.l(1) At any time during the probationary period an emgloyee tnay be temunated at the discretion of ihe Employer without appeal to the provisions of Anicle 22 (GRIEVANCE PROCEDURE). i . _2_ . a� - �og i • ARTICLE 6 - PROBATIONAR.Y PERIODS (Continued) 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 A13 personnel promoted to a higher class shall serve a siz month promotional probationary period during which time the employee's fitness and abiliry to perform the position's du6es and responsibilities shall be evaluated. 6.2(1) At any time during ihe promotional probationary period an employee may be demoted to the empioyee's previously he]d class at the discretion of the Emp3oyer without appea] to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which sha13 be sent to the i3nion, and the employee shall be returned to his/her previous3y held class. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND • CO.�VIPENSATION 7.1 The Employer and the Union aze in full agreement that ihe philosophy 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 an 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 eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (3Q} minute unpaid lunch period between 7:00 a.m. and 7:00 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days. • -3- a� -�a� � ARTICLE 8- HOURS OF WORK (Continued) 8.3 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.4 All empioyees shalt be at the location designated by their supervisor, ready for work, at The estabiished star[ing time and shatl remain at an assigned work location unti2 the end of the established work day unless otherwise directed by their supervisor. 8.5 AIl employees are subject to call-back by the Employer as provided by tlrticle 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the estabiished starting time and for whom no work is available shail receive pay for iwo (2) hours, at the basic houriy 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 Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim wili be honored for payment . or credit unless apgroved in advance. An overtime claim will not be honored, evea ihough shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-haIf (I.S} the basic hourIy rate shalI be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2) Tune worked on a sixth (6th) day fol]owing a normal work week. 9.3 The overtime rate of two (2} times the basic hourly rate shall be paid for work performed under the foilowing circumstances: 93(1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 9.3(2) Tnne worked on a seventh {7th) day following a normal work week; and 9.3(3) Time worked in excess of tweIve (12) consecutive hours in a twenry-four (24) hour period, provided, that a21 "emergency" work reqaired by "Acts of God" shalt be compensated at the rate of one and one-half (1.5). • � a� - iog � • ARTICLE 9 - OVERTIME (Continued) 9.4 For the purposes of calculating overtune compensation overtime hours worked shaIl 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 10.1 The Employer retains the right ta call in or call back employees before an employee has staned a normal work day or normal work week and after an employee has completed a normal work day or normai work week. 10.2 Employees cailed in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1) Notwithstanding Article 10.2, empIoyees called in four (4) hours or less prior to their normal work day shall compiete the normal • work day and be compensated only for the overtime hours worked in accordance with Article 9(OVERTIME). ARTICLE 11 - WORK LOCATION, RESIDENCY i i. i Employees shaii 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. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shali apply to all employees covered by this Agreament. ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as established by Appendix C shali be paid for all 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 andJor deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). . -5- a 1 ARTICLE 13 - FRINGE BENEFITS 23. f The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ail hours worked. 13.2 Provisional, probationary and regular emgloyees shall be eligible for a paid holiday for Labor Day, the first Monday in September in accordance with the Saint Paul Salary Pian and Rates of Compensation. ARTICLE 14 - SELECTI4N OF LEAD SHEET METAL WC?RKER 14.1 The selection of personnel for the class Lead Sheet Meta] Worker shall remain solely with the Employer. 14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bargaining unit 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 on2y in cases where the position is vacant • for more than one (1} normal work day. ARTICLE 15 - HOLIDAYS I5.1 The following ten (10) days shall be designated as holidays: New Year's Day, January i Martin Luther King IIay, Third Monday in January Presidents' Day, Third Monday in Febnzary Memorial Day, lasi Monday in May Independence Day,July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thurs@ay in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christtnas Day falis on a 5unday, the following Monday shalt 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. . � a�-�o8� ARTICLE 15 - HOLIDAYS (Continued) • 15.3 The ten (1Q) holidays shall be considered non-work days. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL INfCALL BACK�. 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day Afrer Thanksgiving sha11 be compensated on a suaight time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Employees working on I,abor Day shall be recompensed for work done on this day by bein� granted compensatory time 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 regular holiday pay. . ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have 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) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Conunission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appea] of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of ArtScle 22 (GRIEVANCE PROCEDUIZE). i _, _ a�-io�� ARTICLE 17 - ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal work day have the responsibiiity to notify their supervisor of such absence as soon as possible, butin no eventtaterthan the beginning of sach work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCII'LINARY 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 pan of the employee. ARTICLE 18 - SElvIORITY 18. 2 Seniority, for the purposes of this Agreement, shatl be defined as foltows: 18.1(1) "Master Senioriry" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and aII class titIes covered by t[us Agreement. C; 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 title covered by this Agreement. 18.2 Seniority shail not accumulate during an unpaid leave of absence, except when such a teave is granted for a period of less than thirty (30) ealendar days; is granted because of illness or injury; is granted zo allow an employee to accept an appointment to the unclassifred service of the Emp3oyer or to an elected or appointed full-time position with the Union. I8.3 Seniority shall tercninate 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 work farce employees will be laid off by class ritle within each Deparnnent based on inverse length of "Class Senioriry." EmpIoyees iaid off shaIi have the right to reinstatement in any lower-paid ciass titie provided, employee has greater "Master Senioriry" than the employee being repiaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the apgroval of the EmpIoyer. n L.I � q�-�og� � ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Bmployer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiciion by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions invoived and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shail resuict the right of the Employer to accomplish the work as originaily 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 Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDt3RES). 19.5 There shal] be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � �� ARTICLE ZO - SEPARATION 20. i Employees having a probationary or regular empioyment status shall be considered separated from employment based on ihe following actions: 20.1(1) 20.1(2) 20.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge. As provided in Article 16. Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisional employmenc status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shali personally provide themselves with the tools of the trade as listed in Appendix B. � a�.-��� � ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Steward selected in accordance with Union rules and � regutations as the grievance representative of the bargaining unit. The Union shali notify the Enzployer in writing of the name of the Stewazd and of his/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 shall therefore be accomplished during working hours only when consistent with such employee duties and responsibIlities. The Steward involved and a grieving employee sha11 suffer no ]oss in pay when a grievance is processec3 during working hours, provided, the Steward and the employee have noufied and received the approval of their supervisor to be absent to process a grievance and t6at 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, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the ternis and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurtence 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 empioyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The wrinen grievance shall set forth the nature of the grievance, the facts on which it is based, the aIleged section(s) of the Agreement viotated, and the relief requested. Any alleged violation of the Agreement not reduced to writutg by the Union within seven (7) calendar days of the first accurrence 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 eveni giving rise to the grievance, shali be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shali meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, tfie Employer shall repIy in writing to the Union within three (3) calendar days following this meeting. The IInion may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not refened in writing by the tTnion wittun seven (7} calendar days foliowing receipt of the Employer's answer shall be considered waived. • -10- � ARTICLE 22 - GRIEVA.NCE PROCEDURE (Continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EmpIoyer supervisor shail meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing ttus 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 ihe grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Empioyer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union 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 reguest the Public Employment Relations Board to submit a panel of five (5} arbitrators. � Both the Empioyer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process wiil be repeated and the remaining person shali be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subuact from the provisions oY this Agreement. Tbe arbitratar shail consider and decide oniy the specific issue submitted in writing by the Empioyer and the Union and shail have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without pawer to make decisions contrary to or inconsisteni with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shali be submitted in writing within thirty (30) days foliowing ciose of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presenied. The decision of the arbitrator shall be final and binding on the Employer, the Union, and ihe employees. . -11- ��-�o� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.6 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 shalI be responsible for compensating iu 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. ARTICLE 23 - RIGI�T OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In ihe event that such contracting would resuli in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninery (90) calendar day noTice of the intention to subcontract. � 23.2 The subconuacting of work done by the emptoyees covered by this Agreement shall in ail cases be made onty to employers who qualify in accordance with Ordinance No. � 14013. ARTICLE 24 - NON-DISCRIMINATION 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 and responsibilities in a non-discriminatory manner as such dutfes and responsibilities involve other employees and the general public. -12- LJ / �t 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 appeai is taken, such grovision(s) shali be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter inio negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportuniry to make proposais with respect to any subject concerning the terms and conditions of empioyment. 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 obligated to meet and negotiate over any term or conditions • of employment whether specificaily 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, polacies, and ntles or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligibie for such teimbursement, a11 officers and employees must receive written authorization from the Department Head. � -13- q� -�o� � ARTICLE 27 - CITY MII,EAGE (Continued) Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be rennbursed at the rate of $4.00 per day for each day the employee`s vehicle is actually used in perfornung the duties of the employee's posirion. In addiuon, the empIoyee 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 deparunent head or designated representadve determines that an employer vehicle is avaiiabie for the empIoyee's use but the employee desires to use his/her own aucomobile, then the employee shati be reunbursed at ihe 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 shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shaii be reimbursed $0.20 per mile for each mile actually driven. � If such employee is required to drive an auTOmobile during employment and ihe department head or designated representative determines that an employer vehicle is avaiIable for the empIoyee's use but the employee desires to use his/her own � automobile, then the employee shatl be reimbursed at ihe rate of $0.2Q per mile driven and shatl not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Pazking Ramp for Ciry employees on either of the above mentioned rypes of reimbursement plans who are required to bave their personaI car avaiIable for City business. Such pazking wiII be provided only for the days the empioyee is required to have his or her own personal car available. 27.4 Rules and Regeilations: The Mayot shall adopt rules and regulations governing the procedures for automobile reunbursement, wlvch reg�lations and rules shall contain the requirement that recipienu shall file daily reports indicating miles driven and shatl file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain autamobite liabfliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limii 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 Ciry Clerk. _�4_ � a� - � o� � • • ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shail become effective as of May 1, 1997, except as specificaliy provided otherwise in this Agreement, and shall remain in effect through the 3Qth day of April, 1999, and continue in effect from year to year thereafter unless notice to given to change or to temiinate this agreement. 28.2 If either pariy 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 ninery (90) or less than sixry (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modi£ied 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(i) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the fuil, faithful performance of their duties of empioyment. 28.3(2) The Employer wi11 not engage in, instigate, or condone any lock-out of employees. 28.3(3) This consritutes a tentative agreemenY between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. • Agreed to this 19th day of August, 1997 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 Association: FOR THE CITY OF ST. PAUL Mary H. �earney Director of Labor Relations SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, L AL 10 V I �.c,�-�-�— J a Beaulieu usiness Manager -15- �� -lQg I � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal Lzad Sheet Metal Worker Sheet Metal Worker Apprentice Sheet MetalInspector; r1 U and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisd"action of the Union. • - A1 - ��l-logl • APPENDIX B Tool Box Whitney, Smali Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Foiding Rule Screw Driver Scratch Awis Pliers Szups, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square Prick Punch 1Q' Tape Dividers • -B1- • • n U g�l- l�� I APPENDIX C The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker L,ead Sheet Metal Worker Effective Effective 26l 7 1 1 (or closest payroll period) $26.42* $26.32* $28.17* $28.07* Sheet Metal Inspector i st Siep 2nd Step Senior Mechanicai Inspector-Sheet Metal $27.29* $28.17* $29.17* $27.19* $28.07* $29.07* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This rate will increase to 1.0518 effective January 1, 1998. The hasic houriy wage rate for provisional, regular, and probationary employees appointed to the foliowing classes shall be: Effective 4!Q 26/97 Sheet Metal Worker Lead Sheet Metal Worker Sheet MetalInspector lst Step 2nd Step $22.48** $23.97** $23.22** $23.97** Senior Mechanical Inspector-Sheet Metal $24.82** Effective 0110 J (or closest payroli period) $22.24** $23.72** $22.98** $23.72** $24.57** Effective April 25, 1998, there will be an additional $1.14 per hour increase added to the total package. The parties will agree prior to that date regarding the disuibution of the $1.14 between wages and fringes. - Cl - q�-�o� � APPENDIX C (Continued) • * Effective April 26. 1997, this rate includes the $1.$5 taxable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective A�ril 26. 1997, this rate includes the above taxable deductions in addition to 72 hours of paid holidays and 1�f0 hours of paid vacation per fiscal yeaz. Vacation carry over shall be paid in accordance with Section I H of the Saini Paul Salary Pian and Rates of Compensation. Vacauon must be approved by the Head of the Department. After appearing on the payroli for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contributions listed in Appendix 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. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and emplayees. The rates listed effective January 1, 1998 show this change. � r1 U ��� a�l - lOg i APPENDIX D • Effective April 26, 1997, the Employer shall: (1) contribute to a Welfare Fund $2.76 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Loca3 Pension Fund $1.60 per hour for all hours worked by participating employees, as defined above. (3) contribute to a National Pension Fund $1.60 per hour for ail hours worked by participating empioyees, as defined above. Effective 3anuary 1, 1998 (or the closest payroll period), this contribution will increase to $1.70. (4) deduct and forward to a Vacation Fund $1.85 per hour for all hours worked by participating empioyees, as defined above. (5) contribute to the Journeyman and Apprenticeship Trairung Fund $0.27 per hour for all hours worked by participating employees, as defined above. (6) contribute to the 1�Tational Scholarship Fund $0.03 per hour for all hours worked by participating employees, as defined above. • (7) deduct and Porward to the Youth to Youth Fund $0.25 per hour for all hours worked by participating employees, as defined above. The Employer wiil not make the above conuibutions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All contriburions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the L3nion. The Employer shall escablish Workers' Compensation and Unemp]oyment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to empioyees is lunited to the contributions andior deductions established by this Agreement. The actual level of benefits provided to employees sha11 be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � -D1- Council File # q'�( — (ac�'� ,�, f--, ,�, , . , . � Presented b} Referred To 1 2 3 RESOLUTION CITY OF�AJ�T PAUL, MINNESOTA Green Sheet #f 40164 /o�- Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1997 thru Apri130, 1999 Maintenance Labor Agreement between the City of Saint Pau1 and Sheet Metal Workers Intemational Association Local 10. Requested by Department of Office of Labor Relations By: ��.�...�Cx1 � � Form App v d by City ey B �f D /�LG� � 20-�7 Approve by May fo Submis '6n 5 Council By: A / �' � Approved by Mayor: Date !3� Adopted by Council: Date ��-�-_ _ 1 ��� Adoption Certified by Council Secretary J DEPARTMENT/OFFICE/COUNCIL: DATE INII7ATED GREEN SHEET No.: 40164 ��� ��" I LABOR RELATIONS 5-19-97 CON'TACT PERSON & PAONE: 1n717avnATe INt17qLipai� J[JLIE KRAUS 266-6513 qgSIGN 1 DEPARIM��NT D � 4 CITY COUNCIL 7� A'UMBER 2 CI7Y A77'ORNEY CI7Y CLERK MUST BE ON COUNCIL AGEIr'DA BY (DATE) FOR BUDGE7 DIR. FIN. & MGT. SERVICE DIIt. ROIIT�G 3 MAYOR (OR ASST.) � ORDER TOTAL # OF SIGNA'PURE PAGES (CLIP ALL LOCATIONS FOR SIGTA7'L7RE) ncrtox �QuesrEn: This resolution approves the attached May 1, 1997 thru April 30, 1999 Maintenance Labor Agreement between the Ciry of Saint Paul and Sheet Metal Workers International Association Local 10. RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVSCE CO7VI'RAC75 MUST ANSW ER THE FOLLOWING QUEST30NS: _PLANNING COMMISSSON _CIVIL SERVICE COMMISS30N 1. Nu this petsoNfinn ever wwked under a contraM for this departrnent? CIB COMMITTEE Yes No STAF'F 2. Has this persoNfirm ever been a city employee7 _DISTRICT COURT Yes No SUPPORTS WHICH COIJNCIL OBJECITVE? 3. Does this penon/firm possess a skill not normally possessed by any current ciry employeel Yes No Explaia all yes answers on separate sheei aod attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTIliVJ7'Y (Who, W6a4 Wnen, Where, Why): ADVANTAGESIFAPPROVED� REC������ �u� z a �s97 DISADVANTAGESTFAPPROVED: � �'�33 P,� 1 t -...�_,.� �T �,: r'�.�;� . � : �:. h�i�� 2 1 'i:'s�7 DISADVANTAGES IF NOT APPROVEQ: TOTAL AMOIIN7' OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACCNITY NUMSER: FTNANCIALINFORMATION:(EXPLAtIh ATTACHMENT TO GREEN SHEET cf� _�O� j Below represents the changes for the 1997-1999 Collective Bazgaiiung Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. Wa�es and Benefits The City agreed to the prevailing wage rate. F:�L.ABREUCONTRACTSHTMETLV 997-99�A'1'3'ACH97 � a� j°�f f �� � � � � _ �� � , _ _. �IAI'' 1; 199fi_:TH�tU APRII,30, 1999LL.. �tI�II�T'E3YANCE,i�i�OR AGRE�ME�TT � _ -- � , _ , ,. _, _ „ _ _ _, , - � ; _ �� �. _ t > .,. �� � - � � �, - � = �, bef�ee�i� . � 1 � = TI-�E .Ci�Y �0� SAIN� Pi�L� ;' ,, ' : � f r C.: `� � ` , = : - ' a. . , , . , ,�' _. - _ � � .. _�� , _: � Y h i � � - and _ � �. , � r ._.. � �. �.:; - .,, : �iP\=,.i�-+111tt'ai1Cf,S�tiL�:`tXhYJlJli:it'�11iV1\ s _ �.:^ �° .�: ; �-.� �,,� - � ��� �� x < < x - � x ` - 0 1 F l� fr t � t � F a � t� _ � ' � � _ � 1 q� - lOg ( CJ ARTICLE fiITLE PAGE INDEX Preambie ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hoursof Work ....................................3 9 Overtime ........................................4 10 Call IniCall Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ..........................................5 13 Fringe Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Selection of Lead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . b • IS Holidays .........................................5 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Juzisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Tools ...........................................9 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Non-Discrimination ................................ 12 25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Waiver .........................................13 27 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Duration and Piedge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A ..................................... A1 AppenducB ......................................Bl Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C1 • APPendix D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl � , � ��-�o�� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafrer referred to as the Employer and the Sheet Metal Workers Tnternational Association Local 10 hereinafter referred to as the Union. The Employer and Che Union concur that this Agreement has as its objective the promotion of ihe responsibilities of the City of Saint Paul for the benefit of the generai public through effective ]abor-management cooperation. � The Employer and the Union both realize that this goal depends not only on the wards in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Ciry, the Union, and the individual employees will best serve the needs of the general public. • ii �� -�ag � • ARTICLE 1 - PURPOSE 1.1 The Employer and the jTnion agree ffiat the purpose for entering into this Agreement is to: i.l(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safety and well-being of aii concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supp]ement to legislation that creates and directs ffie Employer. If any part of this Agreement is in conflict with such legislation, ihe 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 (SEVERABILITY). � ARTICLE 2 - RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status of regular, probationary, provisionai, and temporary empioyed 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 dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage a11 personnel, facilities, and equipment; to estab]ish 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 oFpersonnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to el'uninate, modify, or estabiish foliowing written notification to the Union. • -1- a�1 � �og 1 ARTICLE 4 - UNION RIGHTS 4.1 The Empioyer 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 duected by ihe Union. 4.1(i) The Employer shaIi not deduct dues from the wages of empioyees covered by this Agreement for any other Iabor organization. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee from the bazgaining unit io 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 his designated representative shaI1 be permitted to enter the facilities of the Employer where empioyees covered by this Agreement are working. ARTICLE 5- SCOPE OF THE AGREEMENT 5. 2 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all emp2oyees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civi] Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PR�BATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employmem stams shail serve a six (6} month probationary period during which time the empIoyee's finess 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 discredon of the Employer without appeat to the provisions of Article 22 (GRIEVANCE PROCEDURE). � . -2- • �i� �IOBi ARTICLE 6 - PROBATIONARY PERIODS (Continued) • b.l(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 monih promotional probationary period during which tune the employee's fimess and ability to perform the position's duries and responsibilities shall he 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 Ariicie 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which shail be sent to the Union, and the employee shail be returned ta his/her previously held ciass. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT A1�TD • COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fr3nge benefit sysiem. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate an houriy fringe benefit rate as found in Articles 12 (WAGES) and 13 (F12INGE BENEFITS}. 73 No other compensation or fringe benefit shall be accumulated or eamed by an emp]oyee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shal] 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 shall be five (5) consecutive normat work days. • -3- a�-�o�� ARTICLE 8- AOURS OF WORK (Continued) 8.3 This section shal] not be construed as, and is not a guarantee of, any hours of work per normal work day or per normai work week. 8.4 AII employees shall be at the Iocation designated by their supervisor, ready for work, at the established starting time and shail remain at an assigned work location untii ttie end of the established work day unless otherwise directed by ttteir supervisor. 8.5 All employees are subject to call-back by Yhe Employer as provided by Article 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - �VERTIME • 9.1 Al] overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No over[ime work claim will be honored for payment • or credit unless approved in advance. An overtime claim wiil 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 (1.5) the basic hourly rate shall be paid for work performed under the following circamstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2} Time worked on a sixth (6th} day following a normai work week. 9.3 The overtirne rate of two (2) times the basic hourly rate shall be paid for work performed under the following circnmstances: 9.3(1) Time worked on a holiday as defined in Articie 15 (HOLIDAYS}; 9.3(2) Time worked oa a seventh (7th) day fotlowing a normal work week; and 93(3) Time worked in excess of lwelve (IZ) consecutive hours in a twenty-four (24) hour period, provided, that a11 "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). • -4- q�-logl • ARTICLE 4 - OVERTm� (Conrinued) 9.4 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shall be gaid 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 or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called in or calied back sha11 receive a minunum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1) Notwithstanding Articie 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). ARTICLE 11 - WORK LOCATIOl�T, RESIDENCY i l.l 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. 112 The resolution pertaining to residency approved 7u1y 26, 1974, under Council File No. 273378 shall apply to all employees covered by this Agreement. ARTICLE 12 - WAGES 12.1 The basic houriy wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Provisional and temporary employees shali be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions andJor deductions made in their behalf as provided for by Article 13 (FRINGB BEI3EFITS). • -5- a� - l o� � ARTICLE 13 - FRINGE BENEFITS 13.1 The Empioyer shall make conuibutions 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, probationary and regular employees skalt be eligible for a paid holiday for Labor Day, the first Monday in September ia accordance with the Saint Paul Salary PIan and Rates of Compensation. ARTICLE 24 - SELECTION OF LEAD SI3EET METAL WORKER 14.1 The selection of personnel for the class Lzad Sheet Meta] Worker shall remain solely with the Employer. 14.2 The ciass Lead Sheet Metal Worker shalt be fifted by employees of the bargaining unit on a "temporary assignmenY'. 14.3 AII "temporary assignments" shalI be made only at the direction of a designated Empioyer supervisor. � 14.4 Such "temporary assignments" shal] be made only in cases where the position is vacant * for more than one (I) normaI work day. ARTICLE 15 - HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, Third Monday in January Presidenu' Day, Third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Veterans' Day, November I1 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of ihese three (3} holidays falls on a Saturday, the preceding Friday shali be considered the designated holiday. • � q1- l Og � ARTICLE 15 - HOLIDAYS (Continued) • 153 The ien (10) holidays shali be considered non-work days. 15.4 If, in the judgtnent of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "calied in" or "called back" in accordance with Article 10 (CALL INICALL 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 Employees assigned to work on New Year's Day, Memorial Day, Independence 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 Empioyees working on L.abor Day sha11 be recomgensed for wozk done on this day by being granted compensatory tirne 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 empioyee's regular holiday pay. • ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have 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) Demotion 16.2(5) Discharge 16.3 Employees who are susgended, demoted, or discharged shail have the right to request that such actions be reviewed by the Civil 5ervice Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shail be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal af a suspension, demotion, or discharge shail be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). • _7_ a� - �o� � ARTICLE 17 - ABSENCES FROM WORK 1'7.1 Employees who are unable to reporc for the'u normal work day fiave 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. 17.2 Failure to make such notification may be groun@s for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 17.3 Failure to report for work without notification for three (3) cansec¢tive normal work days may be considered a"quit" by the Employer on the gart of the employee. ARTICLE 18 - SEh�IORITY 18.1 Seniorit}�, for the purposes of this Agreement, shall be defned as follows: 28.1(i) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the 2ast date of employment in any and all class titles covered by this Agreement. � 18.1(2} °Class Seniority" - the iength of continuous regular and probationary service with the Employer from the date an • employee was first appointed to a class tiYle covered by this Agreement. 18.2 Seniority shall not accumulate during an unpaid leave of absence, excegt when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of il]ness or injury; is granted to aiiow an empIoyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time positian with ihe Union. I$.3 Senioriry shaIl temunate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by ihe Employer Yhat it is necessary to reduce the work force employees will be laid off by class tide within each Departrnent hased on inverse Iength of "Class Senioriry." Employees iaid off shaII have the right to reinstatement in any lower-paid ciass title provided, employee has greater "Master Seniority" than the employee being reglaced. 18.5 The selection of vacation periods shail be made by class title based on Iength of "Ciass Seniority", subject to the agpmval of the Employer. � �� a - � og � � ARTICLE 19 - 3IIRISDICTION 14.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing emp]oyees 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 unions involved and the Employer shall meet as soon as mutually possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originaily assigned pending resolution of the dispute or to restrict the Emgloyer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as c]arified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • • A.RTICLE 20 - SEPARATION 20.1 Employees having a probationary or regular empioyment status shall be considered separated from employment based on the foliowing actions: 20.1(i) 20.1(2) 20.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge. As provided in Articie 16. Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisionai employment status may be tezminated at the discretion of the Employer before the compSetion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shali personaily provide themselves with the tools of ihe trade as listed in Appendix B. � a� - �o� � ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Steward selected in accordance wirh Union rules and • regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of tiie name of the Steward and of his/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 shaII therefore be accomplished during working hours oniy when consistent with such employee duties and responsibi2ities. The Steward involved and a grieving employee shall suffer no ]oss in pay when a grievance is processed during working hours, provided, the Steward and the employee have notified and received the approval of iheir supervisor to be abseni to process a grievance and that such absence would not be detrunental to the work programs of the Employer. 22.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shall be resoived in conformance with the foTlowing procedure: Step L Upon the occurrence of an alleged violation of this Agreement, the emgloyee • involved shall attempt to resolve the matter on an informal basis with the emplayee's supervisor. If the matter is not resalved to the employee's satisfaction by the informal discussion it may be reduced to writing an@ 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 violaiion of the Agreement not reduced to writing by the Union wi[hin seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence should have had knowledge of ihe first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) caiendar days after receiving ttie written grievance a designated Employer supervisor shall meet with ihe Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresotved, the Employer shal2 repty 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) calendaz days following receipt of the Emptoyer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. • Si[i� q� -1 Q� f � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) Step 3. Within seven (7) calendar 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) calendar days fQliowing 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 zeferred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali 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 arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days afrer notice has been given. If the parties faii to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the � Pubiic Employment Relations Boud 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 (Ist) name; the Employer shall then strike one (1) name. The process wili be repeated and the remaining persan 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 arbitratar shali 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 appiication 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, uniess the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or applicati�n of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shatl be finai and binding on the Emgloyer, the Union, and the employees. . -il- a�-�o� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) � 22.6 The fees and expenses for the azbivator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatun 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 mutuai agreement of the Employer and rhe L3nion. ARTICLE 23 - RIGHT OF SUBCONTRACT 23.1 The Emgloyer may, at any time during 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 ninery {90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by ihis Agreement shall in al] cases be made only to employers who qualify in accordance with Ordinance No. � I4013. ARTICLE 24 - NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees 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 rtse Union. 24.2 Employees wiil perform the'u duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -12- � q� - iGg i 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 judiciai 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 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, adminisuative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge 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 aftez 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 obligated to meet and negotiate over any term or conditions � of employment whether specifically covered or not specificaliy covered by this Agreement. The Union and Employer may, hawever, mutually agree to modify any provision of this Agreement. 26.3 Any and ail prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent wlth this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertairung to reimbursement of City o�cers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligible for such rennbursement, all officers and employees must receive written authorization from the Deparunent Head. , -13- �� -�o� ► ARTICLE 27 - CITY MII.EAGE (Continued) Type L 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 vehicie is actually used in performing the duties of the employee's position. In addition, the emgioyee 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 available for the employee's use but the empioyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $0.20 per mile driven and shatl not be eligible for any per diem. Type 2. If an employee is required to use his/her own automobile REGULART.Y during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shail be reunbursed $0.20 per mile for each mile actual�y 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 available for the employee's use but the employee desires to use his/her own • automobile, then the employee shall be reunbursed at the rate of $0.20 per mile driven and shall not be eligible for any per diem. 273 The City will provide parking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who aze required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall fiie daiiy reporCS indicating miles driven and sha11 file monthly affidavits stating ttie number of days worked and the number of miles driven, and further reqvire that they maintain automobile 2iabi�ity insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or Iiability insurance in amounts not Iess t[�an $300,000 singie Iimit coverage, with the Ciry of Saint Paal named as an additianal insared. These ru2es and regulations, together with the amendmenu ihereto, sha21 be maintained on file with the City Clerk. _14_ • q� - i0gi i � ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shall become effective as of May 1, 1997, except as specifically provided otherwise in this Agreement, and shall remain in effect ihrough the 30th day of April, 1999, and continue in effect from year to year thereafter unless notice to given to change or to terminate this agreement. 28.2 If either party desires to ternunate or modify this Agreement, effective as of the date of expiration, the party wishing to modify or termivate the Agreement sha11 give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior Co 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 estabiished by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their wark, ar absent themseives in whole or part from the full, faithful performance of their duties of employment. 28.3(2) The Employer will not engage in, instigate, or condone any lock-out of empioyees. 28.3(3) This constitutes a tentative agreement between the parties which wi11 be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. � Agreed to this 19th day of August, 1997 and attested to as the fuil 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 Association: FOR TAE CITY OF ST. PAUL l Mary H. earney Director of Labor Relations SHEET METAL WORKERS TNTERNATTONAL ASSOCIATION, LOCAL 10 � • ohn Beaulieu Business Manager -15- q� - log I • APPENDIX A The classes recognized by the Employer as being exciusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal I,ead Sheet Metal Worker Sheet Metal Worker Apprentice Sheet Metal Inspector; and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. G • - A1 - q�i-io�i • APPENDIX B Tool Box Whitney, Small Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Smali Hand Tongs 6' Folding Rule Screw Driver Scratch Awls Pliers Snips, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square Prick Punch 10' Tape Dividers • -B1- �� ` ���5 + APPENDIX C • The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker • • Lead Sheet Metal Worker Sheet Meta1 Inspector lst Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective Effective 04/26/97 0 / 1/ (or closest payroll period) $26.42* $26.32* $28.17* $27.29� $28.17* $29.17* $28.07* $27.19* $28.07* $29.07* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Pubiic Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This rate will increase to 1.0518 effective January 1, 1998. The basic hourly wage rate for provisional, regular, and probationary employees appointed to the following classes shall be: SheeT Metal R'orker L.ead Sheet Metal Worker Sheet MetalInspector ist Step 2nd Step Senior Mechanical Inspector-Sheet Metal Effective 04/26/97 $22.48** $23.97** $23.22** $23.97** $24.82** Effective 1/01( (or closest paycoil period) $22.24** $23.72** $22.98** $23.72** $24.57** Effective April 25, 1998, there will be an additional $L14 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.14 between wages and fringes. -Cl- q� -ia� � APPENDIX C (Continued) • * Effective A�ril 26. 1997, this rate includes the $1.85 taJCable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective A�ril 26. 1997, this rate includes the above ta.zable deductions in addition to 72 hours of paid holidays and 160 hours of paid vacation per fiscal year. Vacation carry over shail 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 Deparanent. After appearing on the payroll for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contributions listed in Appendix 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. The State of Minnesota has changed the Public Emplopees Retirement Association (PERA) contribution rates for employers and employees. The rates listed effective January 1, 1998 show this change. � • -C2- q�-�ogi n���.n ►. � � Effective April 26, 1997, the Employer shail: (i) contribute to a Welfare Fund $2.76 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Local Pension Fund $1.60 per hour for all hours worked by participating empioyees, as defined above. (3) conuibute to a National Pension Fund $1.60 per hour for all hours worked by participating empioyees, as defined above. Effective January 1, 1998 (or the closest payroll period), this contribution will increase to $1.70. (4) deduct and forward to a Vacation Fund $1.85 per hour for all hours worked by participating employees, as defined above. (5) contribute to the 3ourneyman and Apprenticeship Training Fund $0.27 per hour for ail hours worked by participating employees, as defined above. (6) contribute to the National Scholarship Fund $0.03 per hour for all hours worked by participating empioyees, as defined above. i (7) deduct and forward to the Youth to Youth Fund $0.25 per hour for ali hours worked by participating employees, as defined above. The Empioyer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating empIoyees are decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shail establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees is lunited to the contributions and(or deductions 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 forwarded contributions and/or deductions. i -Dl- ATTACAMENT TO GREEN SAEET � 7 ' �� t Below represents the changes for the 1997-1999 Collective Bargaining Agreement between the City of Saint Paul and Sheet Metal Workers International Association Local 10. Wages and Benefits The City agreed to the prevailing wage rate. F:U.ABREL\CONTRAC7lS1II'METL11997-99�.9TTACH97 � � - � � � �� ��} . , _._ -- - .- �. _ 'c �• �' - ` ' . �. - .� '_ _ _ 1�IAY- i;1997: T`f�R�T .APRIL, 3Q, 1999 . - 11?��INTEN�TCE LABOR� AGItEEiV�N'� � � - betsve� - - - ;: �. � _ - �T �� � ' � ���r��o� s��r rAUi, � _� �� ; � - ° z . _ �� _ < �.. �. �__ � ,.� .? , r , - � ' 1 � �{Y t 5 � . �: l ( v � �. a � c Y ' � o y � i', . . ! - , . _ K � SI��E�' 1kIET�. W�R.I�EI�S ; ` Tl�'�E�.NATI�IR�A�, r�S�QC�A�I�N ` ` , ,r LflCAL 1Q ' - > - , _ -_ ,_ � , �� �. .,-� _ �- , � .�. �,:�. - � , - �- t - _ a = - ., �_ ,� - - � _ z , . - - _ , � , , _, � � � � r� > - � _ �_.. � . : ; ,, 4 .� _� . „ _ ��r ' � _ ` _ - . . w , _< ': ' -,� - - , , .� - ,- � �-- ,., _ _ .? - Q�-l0� � � • • ARTICLE TITLE �� � � Preamble ........... PAGE .........................ii 1 Purpose .........................................i 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hoursof Work ....................................3 9 Overtime ........................................4 10 Cali In/Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Work Location, Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 12 Wages ..........................................5 13 Fringe Benefit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Selection of I.ead Sheet Metal Worker . . . . . . . . . . . . . . . . . . . . . 6 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 21 Tools ...........................................9 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 23 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Non-Discrunination ................................ 12 25 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 26 Waiver .........................................13 27 City Mileage Pian . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A ..................................... A1 Appendix B ......................................B1 Appendix C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Cl Appendix D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dl q�-��8� � �J PREAMBLE This Agreement is entered into between the City of Saini Paul, hereinafter refened to as the Employer and the Sheet Metal Workers Intemational Association Local 10 hereinafter refened to as the [Jnion. 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 Bmployer and the Unaon both realize that this goal depends not only on the words in the Agreement but rather primarity on attitudes between people at atl levels of responsibiliry. Constructive attitudes of the City, the L3nion, and the individual employees wifl best serve the needs af the generai public. • ii Q� -tog I • ARTICLE 1- PURPOSE i.l 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 concemed; L1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the IJnion; 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 le�islation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to ihe statute as provided by Anicle 25 (SEVERABILITY). � ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the L3nion as the exclusive representative for collective bargaining purposes for all personnel having an employment status 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 dated May 15, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ati personnel, facilities, and equipment; to esiablish 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 lunited 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 estahlish following written notification to the Unaon. • -1- a�. - �o� � ARTICLE 4 - IJl\�ION 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 d¢es. 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 aU claims or charges made against the Employer as a result of the implementation of ttus Article. 4.2 The Union may designate one (i} employee from the bargaining unit to act as a Steward and shati inform the Employer in writing of such designation. Such employee shali have the rights and responsibilities as designated in Article 22 (GRIEVANCE PROCEDURE). 43 Upon notification to a des3gnated Employer supervisor, the Business Manager of the Union, or his 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 Agreement establishes the "terms and conditions of employmenT" defined by M.S. 179.63, Subd. 18 for atl empIoyees excIusively represented by the Union. This Agreement shaIi supersede such "terms and condivons of employment" established by Civil Service Rule, CounciI Ordinance, and Council ResoIution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originaliy fiired or rehired foIlowing separation, in a reguIar empioyment status shall serve a six (6} month probationary period during which time the employee's fitness and ability to perfarm the position's duties and responsibitities sha21 be evaluated. b.l(1) At any time during the probationary period an emgloyee tnay be temunated at the discretion of ihe Employer without appeal to the provisions of Anicle 22 (GRIEVANCE PROCEDURE). i . _2_ . a� - �og i • ARTICLE 6 - PROBATIONAR.Y PERIODS (Continued) 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 A13 personnel promoted to a higher class shall serve a siz month promotional probationary period during which time the employee's fitness and abiliry to perform the position's du6es and responsibilities shall be evaluated. 6.2(1) At any time during ihe promotional probationary period an employee may be demoted to the empioyee's previously he]d class at the discretion of the Emp3oyer without appea] to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall receive a written notice of the reasons for demotion, a copy of which sha13 be sent to the i3nion, and the employee shall be returned to his/her previous3y held class. ARTICLE 7- PHILOSOPHY OF EMPLOYMENT AND • CO.�VIPENSATION 7.1 The Employer and the Union aze in full agreement that ihe philosophy 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 an 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 eamed by an employee except as specifically provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, exciuding a thirty (3Q} minute unpaid lunch period between 7:00 a.m. and 7:00 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days. • -3- a� -�a� � ARTICLE 8- HOURS OF WORK (Continued) 8.3 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.4 All empioyees shalt be at the location designated by their supervisor, ready for work, at The estabiished star[ing time and shatl remain at an assigned work location unti2 the end of the established work day unless otherwise directed by their supervisor. 8.5 AIl employees are subject to call-back by the Employer as provided by tlrticle 10 (CALL IN/CALL BACK). 8.6 Employees reporting for work at the estabiished starting time and for whom no work is available shail receive pay for iwo (2) hours, at the basic houriy 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 Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work claim wili be honored for payment . or credit unless apgroved in advance. An overtime claim will not be honored, evea ihough shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-haIf (I.S} the basic hourIy rate shalI be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and 9.2(2) Tune worked on a sixth (6th) day fol]owing a normal work week. 9.3 The overtime rate of two (2} times the basic hourly rate shall be paid for work performed under the foilowing circumstances: 93(1) Time worked on a holiday as defined in Article 15 (HOLIDAYS); 9.3(2) Tnne worked on a seventh {7th) day following a normal work week; and 9.3(3) Time worked in excess of tweIve (12) consecutive hours in a twenry-four (24) hour period, provided, that a21 "emergency" work reqaired by "Acts of God" shalt be compensated at the rate of one and one-half (1.5). • � a� - iog � • ARTICLE 9 - OVERTIME (Continued) 9.4 For the purposes of calculating overtune compensation overtime hours worked shaIl 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 10.1 The Employer retains the right ta call in or call back employees before an employee has staned a normal work day or normal work week and after an employee has completed a normal work day or normai work week. 10.2 Employees cailed in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1) Notwithstanding Article 10.2, empIoyees called in four (4) hours or less prior to their normal work day shall compiete the normal • work day and be compensated only for the overtime hours worked in accordance with Article 9(OVERTIME). ARTICLE 11 - WORK LOCATION, RESIDENCY i i. i Employees shaii 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. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shali apply to all employees covered by this Agreament. ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as established by Appendix C shali be paid for all 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 andJor deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS). . -5- a 1 ARTICLE 13 - FRINGE BENEFITS 23. f The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ail hours worked. 13.2 Provisional, probationary and regular emgloyees shall be eligible for a paid holiday for Labor Day, the first Monday in September in accordance with the Saint Paul Salary Pian and Rates of Compensation. ARTICLE 14 - SELECTI4N OF LEAD SHEET METAL WC?RKER 14.1 The selection of personnel for the class Lead Sheet Meta] Worker shall remain solely with the Employer. 14.2 The class Lead Sheet Metal Worker shall be filled by employees of the bargaining unit 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 on2y in cases where the position is vacant • for more than one (1} normal work day. ARTICLE 15 - HOLIDAYS I5.1 The following ten (10) days shall be designated as holidays: New Year's Day, January i Martin Luther King IIay, Third Monday in January Presidents' Day, Third Monday in Febnzary Memorial Day, lasi Monday in May Independence Day,July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thurs@ay in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 15.2 When New Year's Day, Independence Day or Christtnas Day falis on a 5unday, the following Monday shalt 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. . � a�-�o8� ARTICLE 15 - HOLIDAYS (Continued) • 15.3 The ten (1Q) holidays shall be considered non-work days. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with Article 10 (CALL INfCALL BACK�. 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day or the Day Afrer Thanksgiving sha11 be compensated on a suaight time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 Employees working on I,abor Day shall be recompensed for work done on this day by bein� granted compensatory time 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 regular holiday pay. . ARTICLE 16 - DISCIPLINARY PROCEDURES 16.1 The Employer shall have 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) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Conunission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appea] of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of ArtScle 22 (GRIEVANCE PROCEDUIZE). i _, _ a�-io�� ARTICLE 17 - ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal work day have the responsibiiity to notify their supervisor of such absence as soon as possible, butin no eventtaterthan the beginning of sach work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCII'LINARY 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 pan of the employee. ARTICLE 18 - SElvIORITY 18. 2 Seniority, for the purposes of this Agreement, shatl be defined as foltows: 18.1(1) "Master Senioriry" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and aII class titIes covered by t[us Agreement. C; 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 title covered by this Agreement. 18.2 Seniority shail not accumulate during an unpaid leave of absence, except when such a teave is granted for a period of less than thirty (30) ealendar days; is granted because of illness or injury; is granted zo allow an employee to accept an appointment to the unclassifred service of the Emp3oyer or to an elected or appointed full-time position with the Union. I8.3 Seniority shall tercninate 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 work farce employees will be laid off by class ritle within each Deparnnent based on inverse length of "Class Senioriry." EmpIoyees iaid off shaIi have the right to reinstatement in any lower-paid ciass titie provided, employee has greater "Master Senioriry" than the employee being repiaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the apgroval of the EmpIoyer. n L.I � q�-�og� � ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Bmployer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiciion by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions invoived and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shail resuict the right of the Employer to accomplish the work as originaily 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 Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDt3RES). 19.5 There shal] be no work stoppage, slow down, or any disruption of work resulting from a work assignment. � �� ARTICLE ZO - SEPARATION 20. i Employees having a probationary or regular empioyment status shall be considered separated from employment based on ihe following actions: 20.1(1) 20.1(2) 20.1(3) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharge. As provided in Article 16. Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary, or provisional employmenc status may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 21 - TOOLS 21.1 All employees shali personally provide themselves with the tools of the trade as listed in Appendix B. � a�.-��� � ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The Employer shall recognize the Steward selected in accordance with Union rules and � regutations as the grievance representative of the bargaining unit. The Union shali notify the Enzployer in writing of the name of the Stewazd and of his/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 shall therefore be accomplished during working hours only when consistent with such employee duties and responsibIlities. The Steward involved and a grieving employee sha11 suffer no ]oss in pay when a grievance is processec3 during working hours, provided, the Steward and the employee have noufied and received the approval of their supervisor to be absent to process a grievance and t6at 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, except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alleged violation of the ternis and conditions of this Agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurtence 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 empioyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The wrinen grievance shall set forth the nature of the grievance, the facts on which it is based, the aIleged section(s) of the Agreement viotated, and the relief requested. Any alleged violation of the Agreement not reduced to writutg by the Union within seven (7) calendar days of the first accurrence 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 eveni giving rise to the grievance, shali be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shali meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, tfie Employer shall repIy in writing to the Union within three (3) calendar days following this meeting. The IInion may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not refened in writing by the tTnion wittun seven (7} calendar days foliowing receipt of the Employer's answer shall be considered waived. • -10- � ARTICLE 22 - GRIEVA.NCE PROCEDURE (Continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated EmpIoyer supervisor shail meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days foilowing ttus 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 ihe grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Empioyer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union 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 reguest the Public Employment Relations Board to submit a panel of five (5} arbitrators. � Both the Empioyer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The process wiil be repeated and the remaining person shali be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subuact from the provisions oY this Agreement. Tbe arbitratar shail consider and decide oniy the specific issue submitted in writing by the Empioyer and the Union and shail have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without pawer to make decisions contrary to or inconsisteni with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shali be submitted in writing within thirty (30) days foliowing ciose of the hearing or the submission of briefs by the parties, whichever be later, uniess the parties agree to an extension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presenied. The decision of the arbitrator shall be final and binding on the Employer, the Union, and ihe employees. . -11- ��-�o� � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.6 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 shalI be responsible for compensating iu 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. ARTICLE 23 - RIGI�T OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In ihe event that such contracting would resuli in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninery (90) calendar day noTice of the intention to subcontract. � 23.2 The subconuacting of work done by the emptoyees covered by this Agreement shall in ail cases be made onty to employers who qualify in accordance with Ordinance No. � 14013. ARTICLE 24 - NON-DISCRIMINATION 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 and responsibilities in a non-discriminatory manner as such dutfes and responsibilities involve other employees and the general public. -12- LJ / �t 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 appeai is taken, such grovision(s) shali be voided. All other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter inio negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial determination. ARTICLE 26 - WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportuniry to make proposais with respect to any subject concerning the terms and conditions of empioyment. 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 obligated to meet and negotiate over any term or conditions • of employment whether specificaily 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, polacies, and ntles or regulations regarding the terms and conditions of empioyment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27 - CITY MILEAGE 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 27.2 Method of Computation: To be eligibie for such teimbursement, a11 officers and employees must receive written authorization from the Department Head. � -13- q� -�o� � ARTICLE 27 - CITY MII,EAGE (Continued) Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be rennbursed at the rate of $4.00 per day for each day the employee`s vehicle is actually used in perfornung the duties of the employee's posirion. In addiuon, the empIoyee 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 deparunent head or designated representadve determines that an employer vehicle is avaiiabie for the empIoyee's use but the employee desires to use his/her own aucomobile, then the employee shati be reunbursed at ihe 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 shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the employee shaii be reimbursed $0.20 per mile for each mile actually driven. � If such employee is required to drive an auTOmobile during employment and ihe department head or designated representative determines that an employer vehicle is avaiIable for the empIoyee's use but the employee desires to use his/her own � automobile, then the employee shatl be reimbursed at ihe rate of $0.2Q per mile driven and shatl not be eligible for any per diem. 27.3 The City will provide parking at the Civic Center Pazking Ramp for Ciry employees on either of the above mentioned rypes of reimbursement plans who are required to bave their personaI car avaiIable for City business. Such pazking wiII be provided only for the days the empioyee is required to have his or her own personal car available. 27.4 Rules and Regeilations: The Mayot shall adopt rules and regulations governing the procedures for automobile reunbursement, wlvch reg�lations and rules shall contain the requirement that recipienu shall file daily reports indicating miles driven and shatl file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain autamobite liabfliry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limii 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 Ciry Clerk. _�4_ � a� - � o� � • • ARTICLE 28 - DURATION AND PLEDGE 28.1 This Agreement shail become effective as of May 1, 1997, except as specificaliy provided otherwise in this Agreement, and shall remain in effect through the 3Qth day of April, 1999, and continue in effect from year to year thereafter unless notice to given to change or to temiinate this agreement. 28.2 If either pariy 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 ninery (90) or less than sixry (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modi£ied 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(i) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, wilifully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the fuil, faithful performance of their duties of empioyment. 28.3(2) The Employer wi11 not engage in, instigate, or condone any lock-out of employees. 28.3(3) This consritutes a tentative agreemenY between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Association. • Agreed to this 19th day of August, 1997 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 Association: FOR THE CITY OF ST. PAUL Mary H. �earney Director of Labor Relations SHEET METAL WORKERS INTERNATIONAL ASSOCIATION, L AL 10 V I �.c,�-�-�— J a Beaulieu usiness Manager -15- �� -lQg I � APPENDIX A The classes recognized by the Employer as being exclusively represented by the Union are as follows: Senior Mechanical Inspector-Sheet Metal Lzad Sheet Metal Worker Sheet Metal Worker Apprentice Sheet MetalInspector; r1 U and other classes that may be established by the Employer where the duties and responsibilities assigned come within the jurisd"action of the Union. • - A1 - ��l-logl • APPENDIX B Tool Box Whitney, Smali Crescent Wrench or set of Open End Wrenches Center Punches Hacksaw Frame Chisels Small Hand Tongs 6' Foiding Rule Screw Driver Scratch Awis Pliers Szups, Straight-aviation L and R Hammers (Tinners) • Dolly Bar Combination Square Prick Punch 1Q' Tape Dividers • -B1- • • n U g�l- l�� I APPENDIX C The basic hourly wage rate for temporary employees appointed to the following classes shall be: Sheet Metal Worker L,ead Sheet Metal Worker Effective Effective 26l 7 1 1 (or closest payroll period) $26.42* $26.32* $28.17* $28.07* Sheet Metal Inspector i st Siep 2nd Step Senior Mechanicai Inspector-Sheet Metal $27.29* $28.17* $29.17* $27.19* $28.07* $29.07* The basic hourly wage rates for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. This rate will increase to 1.0518 effective January 1, 1998. The hasic houriy wage rate for provisional, regular, and probationary employees appointed to the foliowing classes shall be: Effective 4!Q 26/97 Sheet Metal Worker Lead Sheet Metal Worker Sheet MetalInspector lst Step 2nd Step $22.48** $23.97** $23.22** $23.97** Senior Mechanical Inspector-Sheet Metal $24.82** Effective 0110 J (or closest payroli period) $22.24** $23.72** $22.98** $23.72** $24.57** Effective April 25, 1998, there will be an additional $1.14 per hour increase added to the total package. The parties will agree prior to that date regarding the disuibution of the $1.14 between wages and fringes. - Cl - q�-�o� � APPENDIX C (Continued) • * Effective April 26. 1997, this rate includes the $1.$5 taxable Credit Union deduction and the $.25 taxable Youth to Youth Fund deduction. ** Effective A�ril 26. 1997, this rate includes the above taxable deductions in addition to 72 hours of paid holidays and 1�f0 hours of paid vacation per fiscal yeaz. Vacation carry over shall be paid in accordance with Section I H of the Saini Paul Salary Pian and Rates of Compensation. Vacauon must be approved by the Head of the Department. After appearing on the payroli for 1040 hours in the first step, an employee in the Sheet Metal Inspector classification may be granted a wage increase to the second step. If the Union elects to have the contributions listed in Appendix 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. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and emplayees. The rates listed effective January 1, 1998 show this change. � r1 U ��� a�l - lOg i APPENDIX D • Effective April 26, 1997, the Employer shall: (1) contribute to a Welfare Fund $2.76 per hour for all hours worked by participating employees as defined in Articles 12.3, 12.4 and 12.5 of this Agreement. (2) contribute to a Loca3 Pension Fund $1.60 per hour for all hours worked by participating employees, as defined above. (3) contribute to a National Pension Fund $1.60 per hour for ail hours worked by participating empioyees, as defined above. Effective 3anuary 1, 1998 (or the closest payroll period), this contribution will increase to $1.70. (4) deduct and forward to a Vacation Fund $1.85 per hour for all hours worked by participating empioyees, as defined above. (5) contribute to the Journeyman and Apprenticeship Trairung Fund $0.27 per hour for all hours worked by participating employees, as defined above. (6) contribute to the 1�Tational Scholarship Fund $0.03 per hour for all hours worked by participating employees, as defined above. • (7) deduct and Porward to the Youth to Youth Fund $0.25 per hour for all hours worked by participating employees, as defined above. The Employer wiil not make the above conuibutions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicabie hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All contriburions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the L3nion. The Employer shall escablish Workers' Compensation and Unemp]oyment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to empioyees is lunited to the contributions andior deductions established by this Agreement. The actual level of benefits provided to employees sha11 be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � -D1-