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97-1146J Council File # � �— �/ s�� CI Presented b} Referred To 1 2 3 j RESOLUTION F SAINT PAUL, MINNESOTA Green Sheet # 40112 l3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and raufies the attached 1997-1999 Employment Agreement between the Independent School District No. 625 and the United Union of Roofers, Watetproofers, and Ailied Workers, Local No. 96. Requested by Department of. Office of Labor Relations By: l.'v(�+�7/V �� Form Approved by ity Attomey B � �. �/+�` C--<� � (� � �`� Certified by Council Secretary BY: ,_�_� d- , Approved by Mayor: Date Appro ed by ar fo i sion to Council By: � Adopted by Council: Date � `�. ��R� 9,- i��G �� DEPARTMEnT/OFFICFJCOUNCIL: DATE INITlATED GREEN SHEET NO.: �}OI IZ �.ABOR RELATIONS �9-03-97 � CONTACT PERSON & PHONE: IMITLIIIDA7E P1ITIALDnTE JLTLIE KRAUS 266-6513 ASS[GN , 1 DEPARTMENT DIR � 4 CII'Y COUNCIL NUMBER 2 CISY ATi'ORNEY CTTY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGET DIR FIN. & MGT. SERV(CE DIIi. ROU'[ING 3 MAYOR (OR ASSTJ OADER TO'fAL # OF SIGNANRE PAGES_I (CLIP ALL LOCATIONS FOR SIGNAI'URE) acnox xeQUESrsn: This resolution approves the attached 1997-1999 Employment Agreement between Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers, Local No. 96. � RECOMIvIENDA770NS: Approve (A) or Rejec[ (R) PERSONAL SERV[CE CONTRACI'S MUS1' AIVSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERViCE CAMMISSION 1. Has this person/firm ever worked under a contract for this deparpnent? CIB COMMNDTTEE Yes No STAFF 2. Has this person/fvm ever been a city emptoyee? DISTRICT WURT Yes No SUPPOftTS WHICH CAi7NCIL OB]ECTNE? 3. Does this persodfirm possess a skill not nortnally possessed by any curren[ city employce? Yes No Explaia all yes aaswers up separate sheet and attack tu green sheet , A'ITIATING PROBLEM, ISSUE, OPPOR711NI1'P (Who, Whay W6en, Where, Why): See Attached. This Agreement pertains to Boazd of Education employees only. ADVANTAGES IF APPROVED: DISADVANTAGESIFAPPROVED: �i8b# ��((�6 4�liy�, S�P a � 5997 DISADVANTAGESIFNOTAPPROVED: �- T �� TOTAL AMOUNT OF TRANSACT/ON: COST/REVENUE BUDGETED: FI7NDING SOURCE: ACTIVITY N[JMBER: � FIlVANCIAL INFORMATION: (EXPLAi1V) �� NOTE: COMP�ETE DIRECTIONS ARE )NCLUDED IN THE GREEN SHEEF [ASTRUCTf6NAl - MANUkL AVAILABIE 4N TFf£ PURCtiASth'G OFFlCE (PHOt3E PtO. 2?8-d225). � ROUTIiJG ORDER: Bebw are correet mutings for the frve most frequent types of documenGS: CONTRACTS (assumes authorized budget existsj COUNCfL RESOCUTION (Amend BudgetslAaept.>6reMa} 1. Oufside Agency 2. Department Director 9. City Attocney 4_ Wtayor (for eoMracts over 515,000) 5. Humen Rights (lor contracls over 550.000) 6. Fnance and Management Services Diractor 7. Finance Accounting ADMINISTRATIVE QRDERS (BUdgei Revision) 1. Attivity Manager � 2. Department Accountant 3. Department Direcror 4. Budget Director S. Ciiy qerk 6. Chief Accountant, Finance and Management Services ADMINISTRATNE ORDERS (all others) 1. Department Director 2. Gly Attorney 3. Frtance and Managemen: ,,�rv�ces Direc[or 4. City Clerk 1. pepartmenfDivecior � 2 Budget Director , 3. Ciry kttomey ' 4. MayodAssistant , 5. City� Couneil ' 6. Chiet AccountanC Finance and Management Services CAUNCIL RESOCUTION (di othera, and Ordinances) 1. Department Director 2 CNy anomey 3. Mayor A'ssistanl 4. City Counul TOTAL NUMBER OF S�GNATURE PAGES Indicate the �ot pages on which'signatures are required and papsrollp or flay �ach of these papes. ACTION REQUESTED ' Describe what the projecVrequest seeks to acwmpiish in either chronologi- Cal order or order ot importance, whict�ever is most appropriate for the issue. Do not writs complete se�tences. Begin each Rem in your list with a verb. RECOMMENDATIONS ' Complete if the issue in question has been presented betore any body, public or private. SUPPORTS WHICH COUNCtI OBJECTIVE? indicate which Councii objective(s) your projeclhequest supports by Iisting lhe key wOrd(s) (HOUSWG, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN iNSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: ' � This information will be used to determine the city5 liabiliry tor workers compensation deims, taxes and proper dvN ssrvke h'ainp rules• INRIATING PROBLEM, ISSUE, OPPORTUNITY Explairt the situation or conditions that created a need for your project or request. � ADVANTACaES IFAPPROVED tndicate whether this is simply an annua! budget proeedure required by law/ charter or whether tAere are speci(ic ways in which the City ot Saint Peul and its ciUzens will benefit from this projecVac6on. DISADVANTAGES IF APPROVED � , YVhat negative eHects or major changes to existing or past processe5 mght Mis prqecUrequesl produce if it is passed (e.g., ha�c delays, noise, Tex inireases or assessments)? 7o Whom2 When? For how long? � DISADYANTAGES IF NOT APPROVED Whaf will be the rregative consequences if tf�e promise6 ad'wn is not approved? Inabiliry to deliver service? Continued high UaXic, noise, aaident rate? Loss ot revenue? , FINANCIAI IMPACT AI[hough you must lailor the infortnation you provide here to the issue you are_addFessing, in genera4 you must answer two questions: How much is k going ro cost? Who is going to paY? ' INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: May 27, 1997 9�-/� �� TOPIC: Approval of an employment agreement with United Union of Roofers, Waterproofers and Allied Workers, Local No. 96 A. PERTINENT FACTS: New Agreement is for the two-year period May 1, 1997 through Aprii 30, 1999. 2. 3. L'� The language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. The District has two regular F.T.E. in this bargaining unit. Wage and benefits changes reflect prevailing wage for the industry. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Union of Roofers Waterproofers and Allied Workers, Local No. 96 is the exclusive representative; duration of said Agreement is for the period of May 1, 1997 through Apri130, 1999. 9 7-//�� INDEX � ARTICLE . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , w TITLE PAGE Preamble ......................................................................................... iv Purpose ........................................................................................... 1 Recognition ...................................................................................... 1 Empioyer ............................................................................. 1 UnionRights .................................................................................... 2 Scope of the Agreement .................................................................... 2 Probationary Periods ...................................................................... 3 Philosophy of Employment and Compensation ................................ 3 Hoursof Work ................................................................................. 4 Overtime .......................................................................................... 4 CallBack .......................................................................................... 5 Work Location ................................................................................. 5 Wages ............................................................................................. 5 Fringe Benefits ................................................................................ 6 Selection of Lead Roofer .................................................................. 7 Holidays .......................................................................................... 8 Disciplinary Procedures ................................................................. 9 Absences from Work ....................................................................... 9 Seniority ......................................................................................... 1 0 Jurisdiction ....................................................e..............----...........--- l i Separation ....................................................................................... 1 1 Tools ............................................................................................. 1 1 Grievance Procedure ....................................................................... 1 2 Right Subcontract ........................................................................ 1 4 Non-Discrimination ........................................................................ 1 4 Severabi .................................................................................... 1 4 Waiver............................................................................................. 1 5 Mileage - Independent School District No. 625 .............................. 1 5 Duration Pledge ......................................................................... 1 6 Appendix .................................................................................. Ai Appendix .................................................................................. B 1 Appendix ............................................................................... C1-C2 Appendix .................................................................................. D1 � \ 99-i�� iv PREAMBLE � This Agreement is entered into between Independent School District No. 625, " hereinafter referred to as the Employer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the , Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities o( the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement bui rather primarily on attitudes between people at al! levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. . , 97-//� ARTICLE 1. PURPOSE � 1.1 . � The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.11 1.12 1.13 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 weli-being of all concerned; Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Estabiish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in confiict with such legislation, the latter shall prevail. The parties, on written �otice, agree to negotiate that part in conflict so that it conforms to the statue � 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 personnel having an employment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058 dated December 7. 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' remain with the Employer to eliminate, iion. 1 not established by this Agreement shali modify or estabiish following written 97��i�� ARTICLE 4. UNION RIGHTS 4. t The Emptoyer shall deduct from the wages of emptoyees who authorize such a � deduction in writing an amount necessary to cover monthly Union dues. Such � monies deducted shall be remitted as directed by the Union. 4.1 .1 The Employer shall not deduct dues from the wages of empioyees covered , by this Agreement for any other labor organization. 4.1 .2 The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee trom the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Articie 2 2 (Grievance Procedurej. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT � 5.1 This Agreemenf establishes tfie "terms and conditions of employmenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for alt employees exclusively represented by the Union. This Agreement shall supersede such "terms arxl conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. `a 97- �'r��6 ARTICLE 6. PROBATIONARY PERIODS � 6.1 All personnel, origin_ " y hired or rehired fotlowing separation, in a regular employment status sr:�ll serve a six (6)-month probationary period during � which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shal{ be eva�uated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appea{ to the provisions of Article 22 (Grievance Procedure). 6.2.2 An emp{oyee demoted during the promotional probationary period shall � be returned to the employee's previously-held ciass of positions and shail receive a written notice of the reasons for demotion, a copy of which shatl be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND 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" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at tF�e basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits}. 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specificalfy provided for in this Agreement. � r 1 �J K3 97-iiY-� ARTtCLE 8. HOURS OF WORK 8.1 The normal workday shail be eight (8) consecutive hours per day, excluding a � thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal workdays Monday ' through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediateiy to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shali be at the location designated by their supervisor, ready for work, at the established starting time and shali remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and tor whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME 9.1 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done oniy by order of the head of the department. M employee shall be recompensed for work done in excess of ihe normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9.2 The overtime rate of one and one-half (1-1/2) times the basic hourly rate shali be paid for work performed under the following circumstances: 9.2.1 9.2.2 � 9.4 Time worked in excess of eight (8) hours in any one normal workday, arxl Time worked in excess of forty (40) hours in a seven (7)-day period. For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime shall be paid in cash or compensatory time as determined by the Employer. � � 4 97� ��s�� ARTICLE 10. CALL BACK � 10.1 The Employer retains the right to cali back emptoyees betore an employee has started a normal workday or normal work week and after an empioyee has compieted a normal workday or normal work week. 1 0.2 Employees called back shall receive a minimum of four (4) hours of pay at the � basic hourly rate. 1 0.3 The hours worked based on a call back shali be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees caUed back four (4) hours of less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9(Overtime). ARTiCLE 1 1. WORK LOCATION 1 1.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. � 1 1.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shail be compensated for mileage as set forth in Articie 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as estabtished by Appendix C shall be paid for all hours worked by an employee. 12.2 Regufar employees and temporary employees shatf be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13.1 (Fringe Benefits). r1 LJ 5 9�-ii�� ARTICLE 7 3. FRINGE BENEFlTS 13.1 The Employer shali make contributions 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 The Employer will for the period of this Agreement provide, for those employees who were hired prior to February t5, f974, and who were eligible for the Employer's Health and Welfare premium contributions and who have retired since September 1, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 1 3.2 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 1 3.2.2 Have severed The employment relationship with the City of Saint Paul and/or independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sixty (60) days of empioyee's early retirement date that he or � she wishes to be eligible for early retiree insurance benefits. 13.3 For an employee who retired at age sixty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 132 and have reached age sixty-five (65), after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. 1 3.4 Effective May 6, 1989, employees shall be eligible for a paid holiday for Labor Day, the first Monday in Sepiember. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of fhe nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. • 0 97-/i�6 ARTICLE 14. SELECTION OF LEAD ROOFER � 14.1 The selection of personnel for the class of position of Lead Roofer shali remain _ solely with the Empioyer. 14.2 The class of position of Lead Roofer 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. 1 4.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 7 9�-�� ARTlCLE 15. HOLIDAYS 15.1 The following ten (i0) days shail be designated as fiolidays: New Year's Day, Martin Luther King, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day Thanksgiving Day, Christmas Day, January 1 Jr. Day, Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November December 25. 15.2 When New Year's Day, Independence Day or Christmas Day fails on a Sunday, the foliowing Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating o r emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day shall be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falis on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. i 5.8 Employees shall receive holiday pay for Labor Day, the first Monday i n September, at the basic hourly rate in accordance with Article 13.2. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.9 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a holiday. In the event of such designation, either Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the holidays list as set forth in Article 15.1. � � � 97 iis� ARTiCLE 16. DISCIPLINARY PROCEDURES � 1 6.1 The Employer shall have the right to impose disciplinary actions on employees _ for just cause. 1 6.2 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. 1 6.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. § 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Articie 23 (Grievance Procedure). Onoe an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shali not be subject to the grievance review procedures. ARTICLE 1 7. ABSENCES FROM WORK • 17.2 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 1 7.2 Failure to make such notification may be grounds for discipline as provided i n Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. , \.J o-'7 97-�� ARTICLE 18. SENIORITY 1 8.1 For the purpose of this Articie the foilowing terms shall be defined as follows: � 18.1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.1 .2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Emp(oyer from the date an employee was first appointed to any class title with the Employer covered by this Agreemertt. 18.1.3 The term, "Class Seniority" shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class fitle covered by this Agreement. This Section 18.1.3 is intended to mean thaY for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recail from an Employer initiated fayoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of class seniority would be used for ali layoff decisions. 1 8.2 Seniority shall not accumulate during an unpaid leave of absence, except when � such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to aliow an employee to accept an appointment to the unclassified service of the Employer or to an elected o r appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shalf have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greaYer "Class Seniority" than the employee being replaced. Recall from layoff shall be i n inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recai(ed to any other employer. 7 8.5 The selection of vacation periods shall be made by class tiile based on length ot "Class Seniority;' subject to the approval of the Employer. � 10 97-/i�� ARTICLE 19. JURISDICTION � 1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing � employees of the Employer. � 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by an ./mutual agreements between the unions involved. 1 9.3 In the event of a dispute concerning the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originaliy assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as ciarified by Sections 19.2 and 19.3 above 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 resufting from a work assignment. � ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 20.1.1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 isch r e. As provided in Article i6. 20.1 .3 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as • listed in Appendix B. 11 97 �i�� ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize stewards selected in accordance with Union rules � and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure estabiished by this Article shall, except as previously noted i n Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shail be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's satisfaction by the informal discussion, i t � may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) ot the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the tirst occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Wifhin seven (7) calendar days after receiving the wriiten grievance, a designated Employer Supervisor shall meet with the Union Steward and attempi to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to fhe Union within lhree (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ( 7) calendar Days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ( 7) calendar days following receipt of ihe Employer's answer sha!! be considered waived. � 12 9? //�� 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 � following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresoived, the Union may refer the grievance to Step 4. Any grievance not referred i n writing by the Union to Step 4 within seven (7) catendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, 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 sha11 be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. if the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to Submit a panel of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. � 22.5 The arbitrator shali have no right to amend, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision sfialt be submitted in writing within thirty (30) days following c{ose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the faets of the grievance presented. Tfie decision of the arbitrator shalf be finai an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equalfy by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay th+s charge. If either party desires a verbat+m record of the proceedings, it may cause such a record to be made, providing i Y pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual � agreement of the Employer and the Union. 13 y� ii�� ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract � out work done by the employees covered by this Agreement. In the event that such contracting would resuit in a reduction of the workforce covered by this ` Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. � 23.2 The subcontracting of work done by the empioyees covered by this Agreement shall in all cxses be made only fo employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions oi this Agreement will be appiied fo employees equally without regard to or discrimination for or against, any individual because of race, coior, creed, sex, age or because of inembership or non-membership in ffie Union. 24.2 Empioyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose findings, determination or decree no appeal is taken, such provision(s) shall be voided. AU other provisions shall continue in full force and effecf. 25.2 The parfies agree to, upon written notice, enter into negotiations to place ihe voided provisions of the Agreement in compliance with the legislative, administrative or judicia! determination. � 14 9�-��5�6 � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 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 o r condition of employment whether specifically covered or not specificaily covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, poticies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - IfSDEPENDENT SCHOOL D{STR{CT NO. 625 27.1 Employees of the School District under policy adopted by the Board of Education � may be reimbursed for the use of their automobiles for scfiool business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee uti4izing one of the following plans. PLAN"A" is reimbursed at the current Board of Education rate or 31� per mile, whichever is more. In addition, a maximum amount which can be paid per month +s established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each t r i p made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of three (3) to six (6) months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from 4he lump sum amount for each day the employee is o� vacation. A deduction need not be made for an occasional day of illness or for holiday. I� J 15 9�-i�� ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shall become effective as of the date of signing, except as � spec'rfically provided otherwise in Articies 12 and 13, and shall remain in effect through the 30th day of April 1999, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shali give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modiFied effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3.1 The Union and the employees 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 in part from the full, faithful performance of their duties of employment. 28.3.2 The Employer wilf not erx�age in, instigate or condone any lockout of � employees. 28.3.3 This constitutes a tentative Agreement between the parties which w i I I be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratificaTion by the Union. � � 97 //�6 � � r 1 � r� LJ The parties agree and attest by 1he signature oi the foilowing representatives for ihe Employer and the Union that this represents the fuil and complete understanding of the parties for the period of time herein specified. ARTICLE 28. DURATION AND PLEDGE (continued) W ITNESSES: INDEPENDENT SCHOOL DISTRICT UNITED UNION OF ROOFERS, NO. 625 WATERPROOFERS AND ALLIED WORKERS, LOCAL UNION NQ. 96 � � Date l�rfl`.9n�/1 �_ Busines M ager /°v5 � � J�.33- Date 17 �' �I � �.�� , l� ��IIII�� <<eii � �� s�� , :..:.. . . / , 97 i�� APPENDfX A The classes of positions recognized by the Employer as being exclusively represented by � the Union are as follows: Roofer Lead Roofer Apprentice - Roofer and other ciasses of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � � A1 97 /i� 6 APPENDIX B • Ail necessary hand tools. � �� LJ 61 ��-ii�� APPENDIX C C-1 The total hourly cost to the Employer for wages plus any and all contributions o r deductions sfated in Appendix D of tfiis Agreement shall nof exceed fhe following amounts: Effective 4/26/97 Roofer Lead Roofer $28.26 $29.76 Effective 4/25l98 $29.26 $30.76 C-2 The total taxable hourly rate including wages and the vacation in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions shali be as follows: Roofer Lead Roofer Effective 4/26/97 $21 .OS $22.24 Effective 4/25/98 . . i $19.00 $20.19 � C-2A The basic hourly wage rates in this Appendix (C-2A) are for crom�ensation analysis f�ur�oses onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroli information. Effective 4/26/97 Roofer Lead Roofer Effective 4/25/98 . _ � C1 97-//�� . � APPENDIX C (continued) C-3 The total taxab4e hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Effective 4/26/97 Roofer Lead Roofer $21 .99 $23.24 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the hourly rate of pay shall be the rate shown in this Appendix C-3 for such title divided by 1.0448. � * NOTES FOR APPENDICES C-2. C-2 A AND G3: The Aprii 25, 1998, houriy rates in Appendices C-2, C-2A and C-3 shall be determined at a later date based on the ailocation agreed to by the Empioyer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C-4 The basic hourly wage rates for the Apprentice class of positions: Ap�rentice � 501 1501 2001 2501 3001 3501 4001 4501 5001 5501 - 500 - 1500 - 2000 - 2500 - 3000 - 3500 - 4000 - 4500 - 5000 - 5500 - 6000 hours hours hours hours hours hours hours hours hours hours hours Percent of Roofer Rate 482% of Roofer rate 50.65°/a of Roofer rate 53.04% of Roofer rate 55°/, of Roofer rate 60% of Roofer rate 65°/a of Roofer rate 70% of Roofer rate 75% of Roofer rate 80% of Roofer rate 85% of Roofer rate 95% of Roofer rate If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a � way that the total cost of the package (wage rate ptus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. � Effective 4/25/98 . C2 9'�7->i �� APPENDIX D Effective April 26, 1997, the Employer shall forward the amounts designated in this � Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: ( 1) $2.05 per hour for all hours worked from which all appropriate payroll , deductions have been made to a lJnion-designated Vacation/Assessment Fund. ( 2 j $2.85 per hour for all hours worked to a Union-designated Heafth and Welfare Fund. ( 3) $1.25 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $2.00 per hour for a!I hours worked by persons in the Roofer title and $2.25 per hour for ail hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. ( 5) $.17 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. The Employer shall make legally established non-negotiated pension contributions to PERA C�? 4.48% of the applicable hourly rates noted i n Appendix C. All contributions made in accordance with this Appendix D shall be deducted from and are � not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacafion, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this Agreement is limited to the contributions and/or deductions estabiished 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. � D1 J Council File # � �— �/ s�� CI Presented b} Referred To 1 2 3 j RESOLUTION F SAINT PAUL, MINNESOTA Green Sheet # 40112 l3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and raufies the attached 1997-1999 Employment Agreement between the Independent School District No. 625 and the United Union of Roofers, Watetproofers, and Ailied Workers, Local No. 96. Requested by Department of. Office of Labor Relations By: l.'v(�+�7/V �� Form Approved by ity Attomey B � �. �/+�` C--<� � (� � �`� Certified by Council Secretary BY: ,_�_� d- , Approved by Mayor: Date Appro ed by ar fo i sion to Council By: � Adopted by Council: Date � `�. ��R� 9,- i��G �� DEPARTMEnT/OFFICFJCOUNCIL: DATE INITlATED GREEN SHEET NO.: �}OI IZ �.ABOR RELATIONS �9-03-97 � CONTACT PERSON & PHONE: IMITLIIIDA7E P1ITIALDnTE JLTLIE KRAUS 266-6513 ASS[GN , 1 DEPARTMENT DIR � 4 CII'Y COUNCIL NUMBER 2 CISY ATi'ORNEY CTTY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGET DIR FIN. & MGT. SERV(CE DIIi. ROU'[ING 3 MAYOR (OR ASSTJ OADER TO'fAL # OF SIGNANRE PAGES_I (CLIP ALL LOCATIONS FOR SIGNAI'URE) acnox xeQUESrsn: This resolution approves the attached 1997-1999 Employment Agreement between Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers, Local No. 96. � RECOMIvIENDA770NS: Approve (A) or Rejec[ (R) PERSONAL SERV[CE CONTRACI'S MUS1' AIVSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERViCE CAMMISSION 1. Has this person/firm ever worked under a contract for this deparpnent? CIB COMMNDTTEE Yes No STAFF 2. Has this person/fvm ever been a city emptoyee? DISTRICT WURT Yes No SUPPOftTS WHICH CAi7NCIL OB]ECTNE? 3. Does this persodfirm possess a skill not nortnally possessed by any curren[ city employce? Yes No Explaia all yes aaswers up separate sheet and attack tu green sheet , A'ITIATING PROBLEM, ISSUE, OPPOR711NI1'P (Who, Whay W6en, Where, Why): See Attached. This Agreement pertains to Boazd of Education employees only. ADVANTAGES IF APPROVED: DISADVANTAGESIFAPPROVED: �i8b# ��((�6 4�liy�, S�P a � 5997 DISADVANTAGESIFNOTAPPROVED: �- T �� TOTAL AMOUNT OF TRANSACT/ON: COST/REVENUE BUDGETED: FI7NDING SOURCE: ACTIVITY N[JMBER: � FIlVANCIAL INFORMATION: (EXPLAi1V) �� NOTE: COMP�ETE DIRECTIONS ARE )NCLUDED IN THE GREEN SHEEF [ASTRUCTf6NAl - MANUkL AVAILABIE 4N TFf£ PURCtiASth'G OFFlCE (PHOt3E PtO. 2?8-d225). � ROUTIiJG ORDER: Bebw are correet mutings for the frve most frequent types of documenGS: CONTRACTS (assumes authorized budget existsj COUNCfL RESOCUTION (Amend BudgetslAaept.>6reMa} 1. Oufside Agency 2. Department Director 9. City Attocney 4_ Wtayor (for eoMracts over 515,000) 5. Humen Rights (lor contracls over 550.000) 6. Fnance and Management Services Diractor 7. Finance Accounting ADMINISTRATIVE QRDERS (BUdgei Revision) 1. Attivity Manager � 2. Department Accountant 3. Department Direcror 4. Budget Director S. Ciiy qerk 6. Chief Accountant, Finance and Management Services ADMINISTRATNE ORDERS (all others) 1. Department Director 2. Gly Attorney 3. Frtance and Managemen: ,,�rv�ces Direc[or 4. City Clerk 1. pepartmenfDivecior � 2 Budget Director , 3. Ciry kttomey ' 4. MayodAssistant , 5. City� Couneil ' 6. Chiet AccountanC Finance and Management Services CAUNCIL RESOCUTION (di othera, and Ordinances) 1. Department Director 2 CNy anomey 3. Mayor A'ssistanl 4. City Counul TOTAL NUMBER OF S�GNATURE PAGES Indicate the �ot pages on which'signatures are required and papsrollp or flay �ach of these papes. ACTION REQUESTED ' Describe what the projecVrequest seeks to acwmpiish in either chronologi- Cal order or order ot importance, whict�ever is most appropriate for the issue. Do not writs complete se�tences. Begin each Rem in your list with a verb. RECOMMENDATIONS ' Complete if the issue in question has been presented betore any body, public or private. SUPPORTS WHICH COUNCtI OBJECTIVE? indicate which Councii objective(s) your projeclhequest supports by Iisting lhe key wOrd(s) (HOUSWG, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN iNSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: ' � This information will be used to determine the city5 liabiliry tor workers compensation deims, taxes and proper dvN ssrvke h'ainp rules• INRIATING PROBLEM, ISSUE, OPPORTUNITY Explairt the situation or conditions that created a need for your project or request. � ADVANTACaES IFAPPROVED tndicate whether this is simply an annua! budget proeedure required by law/ charter or whether tAere are speci(ic ways in which the City ot Saint Peul and its ciUzens will benefit from this projecVac6on. DISADVANTAGES IF APPROVED � , YVhat negative eHects or major changes to existing or past processe5 mght Mis prqecUrequesl produce if it is passed (e.g., ha�c delays, noise, Tex inireases or assessments)? 7o Whom2 When? For how long? � DISADYANTAGES IF NOT APPROVED Whaf will be the rregative consequences if tf�e promise6 ad'wn is not approved? Inabiliry to deliver service? Continued high UaXic, noise, aaident rate? Loss ot revenue? , FINANCIAI IMPACT AI[hough you must lailor the infortnation you provide here to the issue you are_addFessing, in genera4 you must answer two questions: How much is k going ro cost? Who is going to paY? ' INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: May 27, 1997 9�-/� �� TOPIC: Approval of an employment agreement with United Union of Roofers, Waterproofers and Allied Workers, Local No. 96 A. PERTINENT FACTS: New Agreement is for the two-year period May 1, 1997 through Aprii 30, 1999. 2. 3. L'� The language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. The District has two regular F.T.E. in this bargaining unit. Wage and benefits changes reflect prevailing wage for the industry. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Union of Roofers Waterproofers and Allied Workers, Local No. 96 is the exclusive representative; duration of said Agreement is for the period of May 1, 1997 through Apri130, 1999. 9 7-//�� INDEX � ARTICLE . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , w TITLE PAGE Preamble ......................................................................................... iv Purpose ........................................................................................... 1 Recognition ...................................................................................... 1 Empioyer ............................................................................. 1 UnionRights .................................................................................... 2 Scope of the Agreement .................................................................... 2 Probationary Periods ...................................................................... 3 Philosophy of Employment and Compensation ................................ 3 Hoursof Work ................................................................................. 4 Overtime .......................................................................................... 4 CallBack .......................................................................................... 5 Work Location ................................................................................. 5 Wages ............................................................................................. 5 Fringe Benefits ................................................................................ 6 Selection of Lead Roofer .................................................................. 7 Holidays .......................................................................................... 8 Disciplinary Procedures ................................................................. 9 Absences from Work ....................................................................... 9 Seniority ......................................................................................... 1 0 Jurisdiction ....................................................e..............----...........--- l i Separation ....................................................................................... 1 1 Tools ............................................................................................. 1 1 Grievance Procedure ....................................................................... 1 2 Right Subcontract ........................................................................ 1 4 Non-Discrimination ........................................................................ 1 4 Severabi .................................................................................... 1 4 Waiver............................................................................................. 1 5 Mileage - Independent School District No. 625 .............................. 1 5 Duration Pledge ......................................................................... 1 6 Appendix .................................................................................. Ai Appendix .................................................................................. B 1 Appendix ............................................................................... C1-C2 Appendix .................................................................................. D1 � \ 99-i�� iv PREAMBLE � This Agreement is entered into between Independent School District No. 625, " hereinafter referred to as the Employer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the , Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities o( the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement bui rather primarily on attitudes between people at al! levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. . , 97-//� ARTICLE 1. PURPOSE � 1.1 . � The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.11 1.12 1.13 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 weli-being of all concerned; Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Estabiish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in confiict with such legislation, the latter shall prevail. The parties, on written �otice, agree to negotiate that part in conflict so that it conforms to the statue � 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 personnel having an employment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058 dated December 7. 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' remain with the Employer to eliminate, iion. 1 not established by this Agreement shali modify or estabiish following written 97��i�� ARTICLE 4. UNION RIGHTS 4. t The Emptoyer shall deduct from the wages of emptoyees who authorize such a � deduction in writing an amount necessary to cover monthly Union dues. Such � monies deducted shall be remitted as directed by the Union. 4.1 .1 The Employer shall not deduct dues from the wages of empioyees covered , by this Agreement for any other labor organization. 4.1 .2 The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee trom the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Articie 2 2 (Grievance Procedurej. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT � 5.1 This Agreemenf establishes tfie "terms and conditions of employmenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for alt employees exclusively represented by the Union. This Agreement shall supersede such "terms arxl conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. `a 97- �'r��6 ARTICLE 6. PROBATIONARY PERIODS � 6.1 All personnel, origin_ " y hired or rehired fotlowing separation, in a regular employment status sr:�ll serve a six (6)-month probationary period during � which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shal{ be eva�uated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appea{ to the provisions of Article 22 (Grievance Procedure). 6.2.2 An emp{oyee demoted during the promotional probationary period shall � be returned to the employee's previously-held ciass of positions and shail receive a written notice of the reasons for demotion, a copy of which shatl be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND 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" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at tF�e basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits}. 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specificalfy provided for in this Agreement. � r 1 �J K3 97-iiY-� ARTtCLE 8. HOURS OF WORK 8.1 The normal workday shail be eight (8) consecutive hours per day, excluding a � thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal workdays Monday ' through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediateiy to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shali be at the location designated by their supervisor, ready for work, at the established starting time and shali remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and tor whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME 9.1 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done oniy by order of the head of the department. M employee shall be recompensed for work done in excess of ihe normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9.2 The overtime rate of one and one-half (1-1/2) times the basic hourly rate shali be paid for work performed under the following circumstances: 9.2.1 9.2.2 � 9.4 Time worked in excess of eight (8) hours in any one normal workday, arxl Time worked in excess of forty (40) hours in a seven (7)-day period. For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime shall be paid in cash or compensatory time as determined by the Employer. � � 4 97� ��s�� ARTICLE 10. CALL BACK � 10.1 The Employer retains the right to cali back emptoyees betore an employee has started a normal workday or normal work week and after an empioyee has compieted a normal workday or normal work week. 1 0.2 Employees called back shall receive a minimum of four (4) hours of pay at the � basic hourly rate. 1 0.3 The hours worked based on a call back shali be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees caUed back four (4) hours of less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9(Overtime). ARTiCLE 1 1. WORK LOCATION 1 1.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. � 1 1.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shail be compensated for mileage as set forth in Articie 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as estabtished by Appendix C shall be paid for all hours worked by an employee. 12.2 Regufar employees and temporary employees shatf be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13.1 (Fringe Benefits). r1 LJ 5 9�-ii�� ARTICLE 7 3. FRINGE BENEFlTS 13.1 The Employer shali make contributions 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 The Employer will for the period of this Agreement provide, for those employees who were hired prior to February t5, f974, and who were eligible for the Employer's Health and Welfare premium contributions and who have retired since September 1, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 1 3.2 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 1 3.2.2 Have severed The employment relationship with the City of Saint Paul and/or independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sixty (60) days of empioyee's early retirement date that he or � she wishes to be eligible for early retiree insurance benefits. 13.3 For an employee who retired at age sixty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 132 and have reached age sixty-five (65), after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. 1 3.4 Effective May 6, 1989, employees shall be eligible for a paid holiday for Labor Day, the first Monday in Sepiember. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of fhe nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. • 0 97-/i�6 ARTICLE 14. SELECTION OF LEAD ROOFER � 14.1 The selection of personnel for the class of position of Lead Roofer shali remain _ solely with the Empioyer. 14.2 The class of position of Lead Roofer 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. 1 4.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 7 9�-�� ARTlCLE 15. HOLIDAYS 15.1 The following ten (i0) days shail be designated as fiolidays: New Year's Day, Martin Luther King, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day Thanksgiving Day, Christmas Day, January 1 Jr. Day, Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November December 25. 15.2 When New Year's Day, Independence Day or Christmas Day fails on a Sunday, the foliowing Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating o r emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day shall be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falis on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. i 5.8 Employees shall receive holiday pay for Labor Day, the first Monday i n September, at the basic hourly rate in accordance with Article 13.2. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.9 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a holiday. In the event of such designation, either Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the holidays list as set forth in Article 15.1. � � � 97 iis� ARTiCLE 16. DISCIPLINARY PROCEDURES � 1 6.1 The Employer shall have the right to impose disciplinary actions on employees _ for just cause. 1 6.2 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. 1 6.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. § 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Articie 23 (Grievance Procedure). Onoe an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shali not be subject to the grievance review procedures. ARTICLE 1 7. ABSENCES FROM WORK • 17.2 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 1 7.2 Failure to make such notification may be grounds for discipline as provided i n Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. , \.J o-'7 97-�� ARTICLE 18. SENIORITY 1 8.1 For the purpose of this Articie the foilowing terms shall be defined as follows: � 18.1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.1 .2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Emp(oyer from the date an employee was first appointed to any class title with the Employer covered by this Agreemertt. 18.1.3 The term, "Class Seniority" shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class fitle covered by this Agreement. This Section 18.1.3 is intended to mean thaY for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recail from an Employer initiated fayoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of class seniority would be used for ali layoff decisions. 1 8.2 Seniority shall not accumulate during an unpaid leave of absence, except when � such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to aliow an employee to accept an appointment to the unclassified service of the Employer or to an elected o r appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shalf have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greaYer "Class Seniority" than the employee being replaced. Recall from layoff shall be i n inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recai(ed to any other employer. 7 8.5 The selection of vacation periods shall be made by class tiile based on length ot "Class Seniority;' subject to the approval of the Employer. � 10 97-/i�� ARTICLE 19. JURISDICTION � 1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing � employees of the Employer. � 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by an ./mutual agreements between the unions involved. 1 9.3 In the event of a dispute concerning the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originaliy assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as ciarified by Sections 19.2 and 19.3 above 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 resufting from a work assignment. � ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 20.1.1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 isch r e. As provided in Article i6. 20.1 .3 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as • listed in Appendix B. 11 97 �i�� ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize stewards selected in accordance with Union rules � and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure estabiished by this Article shall, except as previously noted i n Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shail be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's satisfaction by the informal discussion, i t � may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) ot the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the tirst occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Wifhin seven (7) calendar days after receiving the wriiten grievance, a designated Employer Supervisor shall meet with the Union Steward and attempi to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to fhe Union within lhree (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ( 7) calendar Days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ( 7) calendar days following receipt of ihe Employer's answer sha!! be considered waived. � 12 9? //�� 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 � following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresoived, the Union may refer the grievance to Step 4. Any grievance not referred i n writing by the Union to Step 4 within seven (7) catendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, 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 sha11 be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. if the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to Submit a panel of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. � 22.5 The arbitrator shali have no right to amend, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision sfialt be submitted in writing within thirty (30) days following c{ose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the faets of the grievance presented. Tfie decision of the arbitrator shalf be finai an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equalfy by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay th+s charge. If either party desires a verbat+m record of the proceedings, it may cause such a record to be made, providing i Y pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual � agreement of the Employer and the Union. 13 y� ii�� ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract � out work done by the employees covered by this Agreement. In the event that such contracting would resuit in a reduction of the workforce covered by this ` Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. � 23.2 The subcontracting of work done by the empioyees covered by this Agreement shall in all cxses be made only fo employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions oi this Agreement will be appiied fo employees equally without regard to or discrimination for or against, any individual because of race, coior, creed, sex, age or because of inembership or non-membership in ffie Union. 24.2 Empioyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose findings, determination or decree no appeal is taken, such provision(s) shall be voided. AU other provisions shall continue in full force and effecf. 25.2 The parfies agree to, upon written notice, enter into negotiations to place ihe voided provisions of the Agreement in compliance with the legislative, administrative or judicia! determination. � 14 9�-��5�6 � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 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 o r condition of employment whether specifically covered or not specificaily covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, poticies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - IfSDEPENDENT SCHOOL D{STR{CT NO. 625 27.1 Employees of the School District under policy adopted by the Board of Education � may be reimbursed for the use of their automobiles for scfiool business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee uti4izing one of the following plans. PLAN"A" is reimbursed at the current Board of Education rate or 31� per mile, whichever is more. In addition, a maximum amount which can be paid per month +s established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each t r i p made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of three (3) to six (6) months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from 4he lump sum amount for each day the employee is o� vacation. A deduction need not be made for an occasional day of illness or for holiday. I� J 15 9�-i�� ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shall become effective as of the date of signing, except as � spec'rfically provided otherwise in Articies 12 and 13, and shall remain in effect through the 30th day of April 1999, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shali give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modiFied effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3.1 The Union and the employees 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 in part from the full, faithful performance of their duties of employment. 28.3.2 The Employer wilf not erx�age in, instigate or condone any lockout of � employees. 28.3.3 This constitutes a tentative Agreement between the parties which w i I I be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratificaTion by the Union. � � 97 //�6 � � r 1 � r� LJ The parties agree and attest by 1he signature oi the foilowing representatives for ihe Employer and the Union that this represents the fuil and complete understanding of the parties for the period of time herein specified. ARTICLE 28. DURATION AND PLEDGE (continued) W ITNESSES: INDEPENDENT SCHOOL DISTRICT UNITED UNION OF ROOFERS, NO. 625 WATERPROOFERS AND ALLIED WORKERS, LOCAL UNION NQ. 96 � � Date l�rfl`.9n�/1 �_ Busines M ager /°v5 � � J�.33- Date 17 �' �I � �.�� , l� ��IIII�� <<eii � �� s�� , :..:.. . . / , 97 i�� APPENDfX A The classes of positions recognized by the Employer as being exclusively represented by � the Union are as follows: Roofer Lead Roofer Apprentice - Roofer and other ciasses of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � � A1 97 /i� 6 APPENDIX B • Ail necessary hand tools. � �� LJ 61 ��-ii�� APPENDIX C C-1 The total hourly cost to the Employer for wages plus any and all contributions o r deductions sfated in Appendix D of tfiis Agreement shall nof exceed fhe following amounts: Effective 4/26/97 Roofer Lead Roofer $28.26 $29.76 Effective 4/25l98 $29.26 $30.76 C-2 The total taxable hourly rate including wages and the vacation in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions shali be as follows: Roofer Lead Roofer Effective 4/26/97 $21 .OS $22.24 Effective 4/25/98 . . i $19.00 $20.19 � C-2A The basic hourly wage rates in this Appendix (C-2A) are for crom�ensation analysis f�ur�oses onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroli information. Effective 4/26/97 Roofer Lead Roofer Effective 4/25/98 . _ � C1 97-//�� . � APPENDIX C (continued) C-3 The total taxab4e hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Effective 4/26/97 Roofer Lead Roofer $21 .99 $23.24 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the hourly rate of pay shall be the rate shown in this Appendix C-3 for such title divided by 1.0448. � * NOTES FOR APPENDICES C-2. C-2 A AND G3: The Aprii 25, 1998, houriy rates in Appendices C-2, C-2A and C-3 shall be determined at a later date based on the ailocation agreed to by the Empioyer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C-4 The basic hourly wage rates for the Apprentice class of positions: Ap�rentice � 501 1501 2001 2501 3001 3501 4001 4501 5001 5501 - 500 - 1500 - 2000 - 2500 - 3000 - 3500 - 4000 - 4500 - 5000 - 5500 - 6000 hours hours hours hours hours hours hours hours hours hours hours Percent of Roofer Rate 482% of Roofer rate 50.65°/a of Roofer rate 53.04% of Roofer rate 55°/, of Roofer rate 60% of Roofer rate 65°/a of Roofer rate 70% of Roofer rate 75% of Roofer rate 80% of Roofer rate 85% of Roofer rate 95% of Roofer rate If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a � way that the total cost of the package (wage rate ptus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. � Effective 4/25/98 . C2 9'�7->i �� APPENDIX D Effective April 26, 1997, the Employer shall forward the amounts designated in this � Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: ( 1) $2.05 per hour for all hours worked from which all appropriate payroll , deductions have been made to a lJnion-designated Vacation/Assessment Fund. ( 2 j $2.85 per hour for all hours worked to a Union-designated Heafth and Welfare Fund. ( 3) $1.25 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $2.00 per hour for a!I hours worked by persons in the Roofer title and $2.25 per hour for ail hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. ( 5) $.17 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. The Employer shall make legally established non-negotiated pension contributions to PERA C�? 4.48% of the applicable hourly rates noted i n Appendix C. All contributions made in accordance with this Appendix D shall be deducted from and are � not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacafion, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this Agreement is limited to the contributions and/or deductions estabiished 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. � D1 J Council File # � �— �/ s�� CI Presented b} Referred To 1 2 3 j RESOLUTION F SAINT PAUL, MINNESOTA Green Sheet # 40112 l3 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and raufies the attached 1997-1999 Employment Agreement between the Independent School District No. 625 and the United Union of Roofers, Watetproofers, and Ailied Workers, Local No. 96. Requested by Department of. Office of Labor Relations By: l.'v(�+�7/V �� Form Approved by ity Attomey B � �. �/+�` C--<� � (� � �`� Certified by Council Secretary BY: ,_�_� d- , Approved by Mayor: Date Appro ed by ar fo i sion to Council By: � Adopted by Council: Date � `�. ��R� 9,- i��G �� DEPARTMEnT/OFFICFJCOUNCIL: DATE INITlATED GREEN SHEET NO.: �}OI IZ �.ABOR RELATIONS �9-03-97 � CONTACT PERSON & PHONE: IMITLIIIDA7E P1ITIALDnTE JLTLIE KRAUS 266-6513 ASS[GN , 1 DEPARTMENT DIR � 4 CII'Y COUNCIL NUMBER 2 CISY ATi'ORNEY CTTY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGET DIR FIN. & MGT. SERV(CE DIIi. ROU'[ING 3 MAYOR (OR ASSTJ OADER TO'fAL # OF SIGNANRE PAGES_I (CLIP ALL LOCATIONS FOR SIGNAI'URE) acnox xeQUESrsn: This resolution approves the attached 1997-1999 Employment Agreement between Independent School District No. 625 and the United Union of Roofers, Waterproofers and Allied Workers, Local No. 96. � RECOMIvIENDA770NS: Approve (A) or Rejec[ (R) PERSONAL SERV[CE CONTRACI'S MUS1' AIVSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CIVIL SERViCE CAMMISSION 1. Has this person/firm ever worked under a contract for this deparpnent? CIB COMMNDTTEE Yes No STAFF 2. Has this person/fvm ever been a city emptoyee? DISTRICT WURT Yes No SUPPOftTS WHICH CAi7NCIL OB]ECTNE? 3. Does this persodfirm possess a skill not nortnally possessed by any curren[ city employce? Yes No Explaia all yes aaswers up separate sheet and attack tu green sheet , A'ITIATING PROBLEM, ISSUE, OPPOR711NI1'P (Who, Whay W6en, Where, Why): See Attached. This Agreement pertains to Boazd of Education employees only. ADVANTAGES IF APPROVED: DISADVANTAGESIFAPPROVED: �i8b# ��((�6 4�liy�, S�P a � 5997 DISADVANTAGESIFNOTAPPROVED: �- T �� TOTAL AMOUNT OF TRANSACT/ON: COST/REVENUE BUDGETED: FI7NDING SOURCE: ACTIVITY N[JMBER: � FIlVANCIAL INFORMATION: (EXPLAi1V) �� NOTE: COMP�ETE DIRECTIONS ARE )NCLUDED IN THE GREEN SHEEF [ASTRUCTf6NAl - MANUkL AVAILABIE 4N TFf£ PURCtiASth'G OFFlCE (PHOt3E PtO. 2?8-d225). � ROUTIiJG ORDER: Bebw are correet mutings for the frve most frequent types of documenGS: CONTRACTS (assumes authorized budget existsj COUNCfL RESOCUTION (Amend BudgetslAaept.>6reMa} 1. Oufside Agency 2. Department Director 9. City Attocney 4_ Wtayor (for eoMracts over 515,000) 5. Humen Rights (lor contracls over 550.000) 6. Fnance and Management Services Diractor 7. Finance Accounting ADMINISTRATIVE QRDERS (BUdgei Revision) 1. Attivity Manager � 2. Department Accountant 3. Department Direcror 4. Budget Director S. Ciiy qerk 6. Chief Accountant, Finance and Management Services ADMINISTRATNE ORDERS (all others) 1. Department Director 2. Gly Attorney 3. Frtance and Managemen: ,,�rv�ces Direc[or 4. City Clerk 1. pepartmenfDivecior � 2 Budget Director , 3. Ciry kttomey ' 4. MayodAssistant , 5. City� Couneil ' 6. Chiet AccountanC Finance and Management Services CAUNCIL RESOCUTION (di othera, and Ordinances) 1. Department Director 2 CNy anomey 3. Mayor A'ssistanl 4. City Counul TOTAL NUMBER OF S�GNATURE PAGES Indicate the �ot pages on which'signatures are required and papsrollp or flay �ach of these papes. ACTION REQUESTED ' Describe what the projecVrequest seeks to acwmpiish in either chronologi- Cal order or order ot importance, whict�ever is most appropriate for the issue. Do not writs complete se�tences. Begin each Rem in your list with a verb. RECOMMENDATIONS ' Complete if the issue in question has been presented betore any body, public or private. SUPPORTS WHICH COUNCtI OBJECTIVE? indicate which Councii objective(s) your projeclhequest supports by Iisting lhe key wOrd(s) (HOUSWG, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE UST IN iNSTRUCTIONAL MANUAL) PERSONAL SERVICE CONTRACTS: ' � This information will be used to determine the city5 liabiliry tor workers compensation deims, taxes and proper dvN ssrvke h'ainp rules• INRIATING PROBLEM, ISSUE, OPPORTUNITY Explairt the situation or conditions that created a need for your project or request. � ADVANTACaES IFAPPROVED tndicate whether this is simply an annua! budget proeedure required by law/ charter or whether tAere are speci(ic ways in which the City ot Saint Peul and its ciUzens will benefit from this projecVac6on. DISADVANTAGES IF APPROVED � , YVhat negative eHects or major changes to existing or past processe5 mght Mis prqecUrequesl produce if it is passed (e.g., ha�c delays, noise, Tex inireases or assessments)? 7o Whom2 When? For how long? � DISADYANTAGES IF NOT APPROVED Whaf will be the rregative consequences if tf�e promise6 ad'wn is not approved? Inabiliry to deliver service? Continued high UaXic, noise, aaident rate? Loss ot revenue? , FINANCIAI IMPACT AI[hough you must lailor the infortnation you provide here to the issue you are_addFessing, in genera4 you must answer two questions: How much is k going ro cost? Who is going to paY? ' INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: May 27, 1997 9�-/� �� TOPIC: Approval of an employment agreement with United Union of Roofers, Waterproofers and Allied Workers, Local No. 96 A. PERTINENT FACTS: New Agreement is for the two-year period May 1, 1997 through Aprii 30, 1999. 2. 3. L'� The language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. The District has two regular F.T.E. in this bargaining unit. Wage and benefits changes reflect prevailing wage for the industry. 5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Union of Roofers Waterproofers and Allied Workers, Local No. 96 is the exclusive representative; duration of said Agreement is for the period of May 1, 1997 through Apri130, 1999. 9 7-//�� INDEX � ARTICLE . � 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , w TITLE PAGE Preamble ......................................................................................... iv Purpose ........................................................................................... 1 Recognition ...................................................................................... 1 Empioyer ............................................................................. 1 UnionRights .................................................................................... 2 Scope of the Agreement .................................................................... 2 Probationary Periods ...................................................................... 3 Philosophy of Employment and Compensation ................................ 3 Hoursof Work ................................................................................. 4 Overtime .......................................................................................... 4 CallBack .......................................................................................... 5 Work Location ................................................................................. 5 Wages ............................................................................................. 5 Fringe Benefits ................................................................................ 6 Selection of Lead Roofer .................................................................. 7 Holidays .......................................................................................... 8 Disciplinary Procedures ................................................................. 9 Absences from Work ....................................................................... 9 Seniority ......................................................................................... 1 0 Jurisdiction ....................................................e..............----...........--- l i Separation ....................................................................................... 1 1 Tools ............................................................................................. 1 1 Grievance Procedure ....................................................................... 1 2 Right Subcontract ........................................................................ 1 4 Non-Discrimination ........................................................................ 1 4 Severabi .................................................................................... 1 4 Waiver............................................................................................. 1 5 Mileage - Independent School District No. 625 .............................. 1 5 Duration Pledge ......................................................................... 1 6 Appendix .................................................................................. Ai Appendix .................................................................................. B 1 Appendix ............................................................................... C1-C2 Appendix .................................................................................. D1 � \ 99-i�� iv PREAMBLE � This Agreement is entered into between Independent School District No. 625, " hereinafter referred to as the Employer, and the United Union of Roofers, Waterproofers, and Allied Workers Local Union No. 96, hereinafter referred to as the , Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities o( the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement bui rather primarily on attitudes between people at al! levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. . , 97-//� ARTICLE 1. PURPOSE � 1.1 . � The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.11 1.12 1.13 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 weli-being of all concerned; Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Estabiish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreement is in confiict with such legislation, the latter shall prevail. The parties, on written �otice, agree to negotiate that part in conflict so that it conforms to the statue � 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 personnel having an employment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3058 dated December 7. 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' remain with the Employer to eliminate, iion. 1 not established by this Agreement shali modify or estabiish following written 97��i�� ARTICLE 4. UNION RIGHTS 4. t The Emptoyer shall deduct from the wages of emptoyees who authorize such a � deduction in writing an amount necessary to cover monthly Union dues. Such � monies deducted shall be remitted as directed by the Union. 4.1 .1 The Employer shall not deduct dues from the wages of empioyees covered , by this Agreement for any other labor organization. 4.1 .2 The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this Article. 4.2 The Union may designate one (1) employee trom the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Articie 2 2 (Grievance Procedurej. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT � 5.1 This Agreemenf establishes tfie "terms and conditions of employmenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for alt employees exclusively represented by the Union. This Agreement shall supersede such "terms arxl conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. `a 97- �'r��6 ARTICLE 6. PROBATIONARY PERIODS � 6.1 All personnel, origin_ " y hired or rehired fotlowing separation, in a regular employment status sr:�ll serve a six (6)-month probationary period during � which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shal{ be eva�uated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appea{ to the provisions of Article 22 (Grievance Procedure). 6.2.2 An emp{oyee demoted during the promotional probationary period shall � be returned to the employee's previously-held ciass of positions and shail receive a written notice of the reasons for demotion, a copy of which shatl be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND 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" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at tF�e basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits}. 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specificalfy provided for in this Agreement. � r 1 �J K3 97-iiY-� ARTtCLE 8. HOURS OF WORK 8.1 The normal workday shail be eight (8) consecutive hours per day, excluding a � thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal workdays Monday ' through Friday. 8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediateiy to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shali be at the location designated by their supervisor, ready for work, at the established starting time and shali remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and tor whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. ARTICLE 9. OVERTIME 9.1 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done oniy by order of the head of the department. M employee shall be recompensed for work done in excess of ihe normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9.2 The overtime rate of one and one-half (1-1/2) times the basic hourly rate shali be paid for work performed under the following circumstances: 9.2.1 9.2.2 � 9.4 Time worked in excess of eight (8) hours in any one normal workday, arxl Time worked in excess of forty (40) hours in a seven (7)-day period. For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. Overtime shall be paid in cash or compensatory time as determined by the Employer. � � 4 97� ��s�� ARTICLE 10. CALL BACK � 10.1 The Employer retains the right to cali back emptoyees betore an employee has started a normal workday or normal work week and after an empioyee has compieted a normal workday or normal work week. 1 0.2 Employees called back shall receive a minimum of four (4) hours of pay at the � basic hourly rate. 1 0.3 The hours worked based on a call back shali be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees caUed back four (4) hours of less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9(Overtime). ARTiCLE 1 1. WORK LOCATION 1 1.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. � 1 1.2 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to furnish their own transportation, shail be compensated for mileage as set forth in Articie 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as estabtished by Appendix C shall be paid for all hours worked by an employee. 12.2 Regufar employees and temporary employees shatf be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13.1 (Fringe Benefits). r1 LJ 5 9�-ii�� ARTICLE 7 3. FRINGE BENEFlTS 13.1 The Employer shali make contributions 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 The Employer will for the period of this Agreement provide, for those employees who were hired prior to February t5, f974, and who were eligible for the Employer's Health and Welfare premium contributions and who have retired since September 1, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 1 3.2 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 1 3.2.2 Have severed The employment relationship with the City of Saint Paul and/or independent School District No. 625 under one of the early retiree plans. 13.2.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sixty (60) days of empioyee's early retirement date that he or � she wishes to be eligible for early retiree insurance benefits. 13.3 For an employee who retired at age sixty-five (65) or later and who met the criteria in 13.2 or for early retirees who qualified under 132 and have reached age sixty-five (65), after retirement the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. 1 3.4 Effective May 6, 1989, employees shall be eligible for a paid holiday for Labor Day, the first Monday in Sepiember. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of fhe nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. • 0 97-/i�6 ARTICLE 14. SELECTION OF LEAD ROOFER � 14.1 The selection of personnel for the class of position of Lead Roofer shali remain _ solely with the Empioyer. 14.2 The class of position of Lead Roofer 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. 1 4.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. � � 7 9�-�� ARTlCLE 15. HOLIDAYS 15.1 The following ten (i0) days shail be designated as fiolidays: New Year's Day, Martin Luther King, Presidents' Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day Thanksgiving Day, Christmas Day, January 1 Jr. Day, Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November December 25. 15.2 When New Year's Day, Independence Day or Christmas Day fails on a Sunday, the foliowing Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (10) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating o r emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day shall be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falis on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. i 5.8 Employees shall receive holiday pay for Labor Day, the first Monday i n September, at the basic hourly rate in accordance with Article 13.2. Labor Day shall be the sole holiday for which the Employer shall provide holiday pay. 15.9 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a holiday. In the event of such designation, either Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the holidays list as set forth in Article 15.1. � � � 97 iis� ARTiCLE 16. DISCIPLINARY PROCEDURES � 1 6.1 The Employer shall have the right to impose disciplinary actions on employees _ for just cause. 1 6.2 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. 1 6.3 Employees who are suspended, demoted or discharged shall retain all rights under Minn. Stat. § 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Articie 23 (Grievance Procedure). Onoe an employee or the Union acting in the employee's behalf initiates review of an action, that matter shall not be again reviewed in another forum. Oral reprimands shali not be subject to the grievance review procedures. ARTICLE 1 7. ABSENCES FROM WORK • 17.2 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 1 7.2 Failure to make such notification may be grounds for discipline as provided i n Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. , \.J o-'7 97-�� ARTICLE 18. SENIORITY 1 8.1 For the purpose of this Articie the foilowing terms shall be defined as follows: � 18.1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 18.1 .2 The term, "Master Seniority," shall mean the length of continuous regular and probationary service with the Emp(oyer from the date an employee was first appointed to any class title with the Employer covered by this Agreemertt. 18.1.3 The term, "Class Seniority" shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class fitle covered by this Agreement. This Section 18.1.3 is intended to mean thaY for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recail from an Employer initiated fayoff within the twenty-four (24)-month recall rights period specified in 18.4. This definition of class seniority would be used for ali layoff decisions. 1 8.2 Seniority shall not accumulate during an unpaid leave of absence, except when � such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to aliow an employee to accept an appointment to the unclassified service of the Employer or to an elected o r appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each Department based on inverse length of "Class Seniority." Employees laid off by the Employer shalf have the right to reinstatement in any lower-paid class title previously held which is covered by this Agreement, provided the employee has greaYer "Class Seniority" than the employee being replaced. Recall from layoff shall be i n inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the employee may have to be recai(ed to any other employer. 7 8.5 The selection of vacation periods shall be made by class tiile based on length ot "Class Seniority;' subject to the approval of the Employer. � 10 97-/i�� ARTICLE 19. JURISDICTION � 1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing � employees of the Employer. � 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by an ./mutual agreements between the unions involved. 1 9.3 In the event of a dispute concerning the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originaliy assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as ciarified by Sections 19.2 and 19.3 above 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 resufting from a work assignment. � ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 20.1.1 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 isch r e. As provided in Article i6. 20.1 .3 Failure to Report for Duty. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as • listed in Appendix B. 11 97 �i�� ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize stewards selected in accordance with Union rules � and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure estabiished by this Article shall, except as previously noted i n Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shail be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's satisfaction by the informal discussion, i t � may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) ot the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the tirst occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Wifhin seven (7) calendar days after receiving the wriiten grievance, a designated Employer Supervisor shall meet with the Union Steward and attempi to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to fhe Union within lhree (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ( 7) calendar Days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven ( 7) calendar days following receipt of ihe Employer's answer sha!! be considered waived. � 12 9? //�� 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 � following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresoived, the Union may refer the grievance to Step 4. Any grievance not referred i n writing by the Union to Step 4 within seven (7) catendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresoived, 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 sha11 be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. if the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to Submit a panel of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (ist) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. � 22.5 The arbitrator shali have no right to amend, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision sfialt be submitted in writing within thirty (30) days following c{ose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the faets of the grievance presented. Tfie decision of the arbitrator shalf be finai an binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equalfy by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay th+s charge. If either party desires a verbat+m record of the proceedings, it may cause such a record to be made, providing i Y pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual � agreement of the Employer and the Union. 13 y� ii�� ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract � out work done by the employees covered by this Agreement. In the event that such contracting would resuit in a reduction of the workforce covered by this ` Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. � 23.2 The subcontracting of work done by the empioyees covered by this Agreement shall in all cxses be made only fo employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions oi this Agreement will be appiied fo employees equally without regard to or discrimination for or against, any individual because of race, coior, creed, sex, age or because of inembership or non-membership in ffie Union. 24.2 Empioyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. � ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose findings, determination or decree no appeal is taken, such provision(s) shall be voided. AU other provisions shall continue in full force and effecf. 25.2 The parfies agree to, upon written notice, enter into negotiations to place ihe voided provisions of the Agreement in compliance with the legislative, administrative or judicia! determination. � 14 9�-��5�6 � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 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 o r condition of employment whether specifically covered or not specificaily covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, poticies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - IfSDEPENDENT SCHOOL D{STR{CT NO. 625 27.1 Employees of the School District under policy adopted by the Board of Education � may be reimbursed for the use of their automobiles for scfiool business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee uti4izing one of the following plans. PLAN"A" is reimbursed at the current Board of Education rate or 31� per mile, whichever is more. In addition, a maximum amount which can be paid per month +s established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each t r i p made. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of three (3) to six (6) months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from 4he lump sum amount for each day the employee is o� vacation. A deduction need not be made for an occasional day of illness or for holiday. I� J 15 9�-i�� ARTICLE 28. DURATION AND PLEDGE 28.1 This Agreement shall become effective as of the date of signing, except as � spec'rfically provided otherwise in Articies 12 and 13, and shall remain in effect through the 30th day of April 1999, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 28.2. 28.2 If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shali give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modiFied effective as of the expiration date. 28.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 28.3.1 The Union and the employees 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 in part from the full, faithful performance of their duties of employment. 28.3.2 The Employer wilf not erx�age in, instigate or condone any lockout of � employees. 28.3.3 This constitutes a tentative Agreement between the parties which w i I I be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratificaTion by the Union. � � 97 //�6 � � r 1 � r� LJ The parties agree and attest by 1he signature oi the foilowing representatives for ihe Employer and the Union that this represents the fuil and complete understanding of the parties for the period of time herein specified. ARTICLE 28. DURATION AND PLEDGE (continued) W ITNESSES: INDEPENDENT SCHOOL DISTRICT UNITED UNION OF ROOFERS, NO. 625 WATERPROOFERS AND ALLIED WORKERS, LOCAL UNION NQ. 96 � � Date l�rfl`.9n�/1 �_ Busines M ager /°v5 � � J�.33- Date 17 �' �I � �.�� , l� ��IIII�� <<eii � �� s�� , :..:.. . . / , 97 i�� APPENDfX A The classes of positions recognized by the Employer as being exclusively represented by � the Union are as follows: Roofer Lead Roofer Apprentice - Roofer and other ciasses of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � � A1 97 /i� 6 APPENDIX B • Ail necessary hand tools. � �� LJ 61 ��-ii�� APPENDIX C C-1 The total hourly cost to the Employer for wages plus any and all contributions o r deductions sfated in Appendix D of tfiis Agreement shall nof exceed fhe following amounts: Effective 4/26/97 Roofer Lead Roofer $28.26 $29.76 Effective 4/25l98 $29.26 $30.76 C-2 The total taxable hourly rate including wages and the vacation in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions shali be as follows: Roofer Lead Roofer Effective 4/26/97 $21 .OS $22.24 Effective 4/25/98 . . i $19.00 $20.19 � C-2A The basic hourly wage rates in this Appendix (C-2A) are for crom�ensation analysis f�ur�oses onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These rates do NOT include taxable benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroli information. Effective 4/26/97 Roofer Lead Roofer Effective 4/25/98 . _ � C1 97-//�� . � APPENDIX C (continued) C-3 The total taxab4e hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Effective 4/26/97 Roofer Lead Roofer $21 .99 $23.24 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Empioyees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the hourly rate of pay shall be the rate shown in this Appendix C-3 for such title divided by 1.0448. � * NOTES FOR APPENDICES C-2. C-2 A AND G3: The Aprii 25, 1998, houriy rates in Appendices C-2, C-2A and C-3 shall be determined at a later date based on the ailocation agreed to by the Empioyer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C-4 The basic hourly wage rates for the Apprentice class of positions: Ap�rentice � 501 1501 2001 2501 3001 3501 4001 4501 5001 5501 - 500 - 1500 - 2000 - 2500 - 3000 - 3500 - 4000 - 4500 - 5000 - 5500 - 6000 hours hours hours hours hours hours hours hours hours hours hours Percent of Roofer Rate 482% of Roofer rate 50.65°/a of Roofer rate 53.04% of Roofer rate 55°/, of Roofer rate 60% of Roofer rate 65°/a of Roofer rate 70% of Roofer rate 75% of Roofer rate 80% of Roofer rate 85% of Roofer rate 95% of Roofer rate If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a � way that the total cost of the package (wage rate ptus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. � Effective 4/25/98 . C2 9'�7->i �� APPENDIX D Effective April 26, 1997, the Employer shall forward the amounts designated in this � Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: ( 1) $2.05 per hour for all hours worked from which all appropriate payroll , deductions have been made to a lJnion-designated Vacation/Assessment Fund. ( 2 j $2.85 per hour for all hours worked to a Union-designated Heafth and Welfare Fund. ( 3) $1.25 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $2.00 per hour for a!I hours worked by persons in the Roofer title and $2.25 per hour for ail hours worked by persons in the Lead Roofer title to a Union-designated Annuity Fund. ( 5) $.17 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. The Employer shall make legally established non-negotiated pension contributions to PERA C�? 4.48% of the applicable hourly rates noted i n Appendix C. All contributions made in accordance with this Appendix D shall be deducted from and are � not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacafion, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this Agreement is limited to the contributions and/or deductions estabiished 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. � D1