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97-1147� Council File # � �� �/ 5<� Green Sheet # 40109 MINNESOTA Presented Referred To Committee Date � �, RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 1997-1999 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110. Requested by Deparnnent of. Office of Labor Relations By: 1/liC,2c�.'v"'_"_'_°� - Form Appro d by C B ��'`�-�I z� `� � � 1 �4�-- Adoption Certified by Council Secretary � Appx � Approved y M o or S ission to Council By: Adopted by Council: Date �� ��a.-� � g� q�- iiy� DEPARTMENTlOFFICE/COi3NCIL: �AT£ [NlT[ATED GREEN SHEET No.: 40109 LABOR RELATIONS 09-03-97 CONiACT PERSON & PHOVE: nat7uLmnTE INmnuDn'rs JLJLIE KRAUS 266-6513 qgSIGN 1 DEPARTMENI DIR �� 4 CTCY COUNCIL NUMBER 2 CITY ATI'OANEY CITY CLERK MUSf BE ON COUNCIL AGENDA BY (DATE) FOR BUSXiET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 b1AYOA (OR ASST.) OADER TOTAL # OF SiGNATURE PAGES_I (CLIP ALL LOCA170NS FOR SIGNATURE) acnox xsQves�ren: This resolution approves the attached 1997-1994 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical VJorkers No. 110. RECOMtvgNDATtONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUST ANSWER 7IIE FOLLOWING QUESTIONS: PLANNING COMMISSION _CML SEAViCE COMMISSION 1. Has this person/fvm ever worked under a contract for this departrnent? Cffi COMMITTEE Yes No _STAFF 2. Has this person/firtn ever bcen a city employee? _DIS77UCT WUAT Yes No SUPPORTS WHICH COiJNCIL OB7EC7'f VE? 3. Does this person/firm possess a skill not nolmally possessed by any current city employee? Yes No Expiain aI{ yes answers on separste sheet and attaeh to green sheet � IN177ATING PROBLEM, ISSUE, OPYORTI7NI7Y (Who, What, When, W6ere, Whyj: See Attached. This Agreement pertains to $oazd of Education employees only. ADVANTAGESIFAPPROVED: D7SADVANTAGES SF APPROVED: � $�;� � $ 1997 DISADVANTAGES IF NOT APPROVED: TOTAL AMOUN't' OF TRANSACT70N: COST/REVENUE BUDGETED: FUNDING SOURCE: ACI'IV1'fY NUMBER: FINANGL4L INFORMATION: (EXPLAIN) �_ - �� ���� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: July 15, 1997 TOPIC: Approval of an Employment Agreement with International Brotherhood of Electrical Workers No. 110 A. PERTINENT FACTS: 1) New Agreement is for a two-year period from May 1, 1997 through April 30, 1999. 2) Contract changes are as follows: Stand-bkPav: Language included to compensate employees who are required to be on standby for weekend emergency call-ins. Mileaae: The language will be changed to read, "... the current Board rate or $.31 per mile whichever is greater." Time Limits: Language included to progressive discipline article to clarify when old actions become stale. Waaes: Wage and benefits changes reflect prevailing wage for the industry. 3) Language will be changed to accommodate future mandated changes in the PERA rate, so the employer cost does not exceed the outside prevailing rate. 4) The District has 13 regular employees in this bargaining unit. 5) This request is submitted by Susan 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 International Brotherhood of Electrical Workers Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 1997 through April 30, 1999. 97 �i�� , � a, I, � �� . i INDEX ARTICLE TITLE P?� Preamble .................................................................................................. i v 1. Purpose .................................................................................................... 1 2. Recognition ............................................................................................... 1 3. Empioyer Rights ....................................................................................... 2 4. Union Rights ............................................................................................. 2 5. Scope of the Agreement ............................................................................. 2 6. Probationary Periods ............................................................................... 3 7. Philosophy ofi Empfoyment and Compensation ......................................... 3 8. Hours of Work .......................................................................................... 4 9. O ve rt i m e ................................................................................................... 5 1 0. Call Back ................................................................................................... 6 1 1. Work location ...............................................................................°......... 6 12. Wages ....................................................................................................... 6 13. Fringe Benefits ......................................................................................... 7 14. Selection of Lead Eleetrician, Generat Lead Electrician, Master Electrician, and Master Building Controls Electrician .............................................................................. 7 15. Hotidays .................................................................................................... 8 16. Disciplinary Procedures .......................................................................... 9 17. Absences from Work ................................................................................ 9 18 . Seniority .................................................................................................. i 0 19. Jurisdiction .............................................................................................. i i 20. Separation from Employment .................................................................. 1 1 21 . Tools ......................................................................................................... 1 1 22. Grievance Procedure ............................................_......--°-.....-°............... 1 2 23. Right of Subcontract ................................................................................. 1 4 24. Non-Discrimination .................................................................................14 25. Severability .............................................................................................14 26. Waiver ......................................................................................................15 27. Mileage - Independent School District No. 625 ....................................... 1 5 28 . Materniiy Leave ....................................................................................... 16 29. Required Training .................................................................................... 1 6 30. Duration and Pledge .................................................................................. 1 7 Appendix ....................................................................................... A1 Appendix ....................................................................................... B 1 Appendix .......................................................................... C1 - C3 Appendix .......................................................................... Di - D3 Appendix ................................�...................................................... Ei � 97�/I�� � PREAMBLE This Agreement is entered into between independent Schooi District No. 625, hereinafter referred to as the Employer, and the International Brotherhood of Electrical Workers, Local 110, hereinafter referred to as the Union. R The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities oi 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 but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � • IV 9� //:�7 CJ ARTICLE 1. PURPOSE 1.1 The Empioyer and the Union agree that the purpose for entering into this Agreement is to: 1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest {evei of empioyee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer a�d the Union; s 1.1 .3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legisiation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shali prevail. The parties, on written notice, agree to negotiate that part in confiict so that it conforms to the statute as provided by Article 25, Severability. � ARTICLE 2. RECOGNITION 2.1 The Empioyer recognizes the Union as the exciusive representative for coflective bargaining purposes for all personnel having an employment status of regular, probaiionary, and temporary employed in the cVasses of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348 dated December 11, 1889. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. a� •, . � �� ���� 3.1 The Employer retains the right to operate and manage ali 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 perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTICLE 3. EMPLOYER RIGHTS ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shali not deduct dues from the wages of employees covered by this Agreement for any other labor organization. • 4,1 .2 The Union shal( indemnify and save harmless the Employer from any � and all claims or charges made against the Employer as a result of the implementafion of this Articie. 4.2 The Union may designate one (i} emp(oyee from the bargaining unit in each department to act as a Steward and shall inform the Employer in writing of such designation. Sucfi emptoyee shall have the righfs and responsibilities � designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or his/her designated representative shaif be permitfed to enter the facilities of the Employer where employees covered by this Agreement are working. .v ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement established the 'Yerms and conditions of employmenY' deiined by Minnesota Statute § 179A.03, Subdivision 19, for all empioyees exclusively represented by the Union. 7his Agreement shall supersede such "terms arxl conditions of employment" established by Civil Service Rufe, Council Ordinance, and Councii Resoiution. � 9�-�l5�7 � 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. ARTICLE 6. PROBATIONARY PERIODS 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 Artic{e 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 Ali 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 responsibiiities shall be evaluated. 6.2.1 At any time during the promotional probationary period, an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. � 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-heid class of positions and i sha11 receive a written notice of the reason(s) for demotion, a copy of which shall 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 the basic , hourly wage rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits. � 7.3 No other compensation or fringe benefit sha11 be accumulated or earned by an employee except as specifically provided for in this Agreement. 3 97-/i�7 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid funch period. ARTICLE 8. HOURS OF WORK 8.2 The normal work week shall be five (5) consecutive normal workdays in any seven (7) day period. � 8.3 Shifts other than the regular daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a regularly-scheduled shift which follows a regularly-scheduled first shift of five (5) hours or greater. The third shift shall be a regutarly-scheduled shift which follows a regulariy-scheduled second shift of five (5) hours or greater. � 8.4 For empioyees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 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. 8.6 An employee normally working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-four (24) hours' notice. 8.7 All employees shall be at the work location designated by their supervisor, ready � for work, at the estabfished starting time and shall remain at an assigned work location untit the end of the esiabiished workday unless otherwise directed by their supervisor. 8.8 All employees are subject to call-back by the Employer as provided by Article 10, Call Back. 8.9 Employees reporting for work at the established starting time and for whom no work is availabfe shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. 8.1 0 The employer shall be required to give no less than six and one-half { 6- 1/ 2) hours notice, when an employee is to be laid off. ` 8.1 1 If an employee is required to work eleven (11) consecutive hours or more that involve scheduled overtime, the employee shall be allowed to take a thirty ( 3 0) � minute unpaid meal break. Such meai break wiil be taken wiihin the first two (2) hours immediately following the normal workday, as defined in 8.1 of this Article. i 4 9�-�/�� � ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ctaim wiil be honored for payment or credit unless approved in advance. An overtime ciaim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: � 9.3 � s, � E� 9.2.1 9.2.2 Time worked in excess of eight (8) hours in any one normaf workday, arxJ Time worked on a sixth (6th) day following a normal work week. The overtime rate of two (2) times the basic hourly rate shail be paid for work performed under the following circumstances: 9.3.1 Time worked on a seventh (7th) day following a normal work week; arxi 9.3.2 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Artic{e shall be paid in cash or i n compensatory time. The basis on which overtime shall be paid shall be determined solely by the Employer. Compensatory time ofS musi be approved by the Employer. 5 �� i�� � ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has ! started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate (equals 2.7 hours at time and a half). 1 0.3 The hours worked based on a cali-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours or fess 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. ' 10.5 Sfand by: Any employee who is required to be availabie for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday night 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All of the above shail be at time and one-half (1-1/2) rate. If the employee is catled in ior work, the above time shall be part of, not in addition to, the time worked. � ARTICLE 1 1. WORK LOCATION 11.1 Employees shall report to the work locations as assigned by a designated Employer supervisor. During ihe normal 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, shall be compensated for mileage, as set forth in Article 27, Mileage. ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shall 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, Fringe Benefits. 12.3 Temporary employees shall be compensated in accordance with Article 12.1 , Wages, and have fringe benefit contributions and/or deductions made in their � behalf as provided for by Article 13, Fringe Benefits. � 97-/��7 ARTICLE 1 3. FRINGE BENEFITS ! 13.1 The Employer shall make contributions on behatf of andlos make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hou�s worked. i 3.2 The Employer will for the period of lhis Agreement provide, for those employees who were "grandfathered" as eligible for the Employer's Health and Weifare Plan and who have retired since February 15, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Empfoyer at the date of eariy 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. 13.2.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree pians. 13.2.3 Inform the Human Resource Department of independent School District No. 625 and Personnel Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she � wishes to be eligible for early retiree insurance benefits. i 3.3 An employee wfio retired at age sixty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) atter retirement the Employer wiif provide payment of premium for a Medicare supplement health coverage policy selected by the Empfoyer. ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRICIAN, MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS ELECTRICIAN �, 14.1 The selection of personnel for the class of positions General Lead Electrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shall remain solely with the Employer. 14.2 The class of positions Master Electrician, and Master Building Controls Electrician shall be filled by employees of the bargaining unit on a"temporary assignment." 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. � 14.4 Such "temporary assignments" shall be made only in cases where tfie cfass of positions is vacant for more than one (1) normal workday. 7 �7-�/�� ARTICLE 15. HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: 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 Cfiristmas Day falfs on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shalf be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shafl be observed on the calendar date of the 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 called in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is not in session, that day will normally be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the holiday. If the employee is called in on such day, they will be called in accordance with Article 10 and paid as in 15.5. 15.8 Employees shal! be permitted one personal holiday per year. The scheduling of such holiday is subject to the approval of the department head, and a request to schedule ihe date must be submitted at least five (5) working days in advance of the date requested. Compensation for such personal holiday shall be as provided for employees under Appendix D(D-1) and shall rtot involve any further contribution or pay by the Employer. 15.9 The day after Thanksgiving Day and day before Christmas Day shall be considered workdays. All employees working on these days shall be compensated on a straight-time basis. � r1 �J � � 97 ii�� ARTICLE 1 6. DISCIPLINARY PROCEDURES � 16.1 The Employer shall have the right to impose disciplinary actions on employees forjust cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; � 16.2.5 Discharge. , 16.3 Employees who are suspended, demoted or discharged shafl have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions ot Article 22, Gsievance Procedure); as an alternative option, such employee can request review by the Civil Service Commission or a designated Board ot Review, consistertt with Minnesota Statute § 179A.20, Subd. 4. Onoe an employee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall nat be subject to the grievance review procedures. 1 6.4 From the time of a documented disciplinary action of an employee, if no further instances of documented discipline occur for twenty-four (24) months, the � record of all disciplinary action will not be referred to in future disciplinary matters. This does not include matters under Titfe 7 and the Minnesota Human Rights Act. If multiple disciplinary actions have been taken over a period of time, as fong as any one aciion is within tweniy-four (24) months of the mosl recent action, then all events may be referred to in other disciplinary actions. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor ot such absence as soon as possible, but in no event later than the beginning of such workday. � 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16, Discip{inary 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. i 0 97 ii�� 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: ARTICLE 18. SENIORIIY �� � 18.1.1 "Master Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class tities covered by this Agreement. 18.1 .2 "Class Seniority" - The length of continuous reguiar and probationary service with the Employer from the date an emp(oyee was first appointed to a class title covered by this Agreement. 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 illness or injury; is granted to allow 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." Recaif from fayoff shalt be in inverse order of layoff, except that recall rights shall expire after two years of Iayoff. 18.5 The selection of vacation periods shall be made in class title based on length of "Class Seniority," subject to the approval of the Employer. � � 10 9����5�7 ARTICLE 19. JURISDICTION � 1 9.1 Disputes conceming 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 any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to � resolve the dispute. Notfiing in the foregoing sha14 restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the , dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16, Disciplinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION FROM EMPLOYMENT I � 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the foliowing actions: 20.1.1 Resiqn ta ion. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1 .2 Discharae. As provided in Article 16. 20.1 .3 Failure to Report for Duty. As provided for 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 Afl employees shaff personafly provide themsefves with the tools of the trade as listed in Appendix E. � 11 97-�i�7 ARTICLE 22. GRIEVANCE PROCEDURE � 22.1 The Employer shall recognize Stewards seleeted in accordance with Union rules and regufations 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 employees and shall therefore be accomplished during working hours only when consistenf with such emp�oyee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay whe� a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previousty 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 shall be resolved in conformance with the following procedure: te 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to � the employee's satisfaction by the informal discussion, it may 6e reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section (s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresoived, the Employer shait reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ( 7) calendar days 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 the Employer's answer shall be considered waived. � ib% 97-�>5�7 ARTICLE 22. GRIEVANCE PROCEDURE (continued) • Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shali meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shail reply in writing to the Union stating the Employer's answer concerning the grievance. if, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred i n writing by the Union to Step 4 within seven (7) calendar days foilowing . receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven ( 7) - calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be setected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7}- day period either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1) name; the Empioyer shall then strike one (1) name. The process will be repeated and the remaining person shali be the arbitrator. � 22.5 The arbitrator shall have no right to amend, modify, nuilify, 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 s� submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or ihe submission of briets by ihe parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be � responsible for compensating its own representative and witnesses. If either party cance{s 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 posiponement shall pay this charge. lf either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing i t 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. � iB3 97 >/�� 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 result 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 employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRfMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard Yo or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such 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 taw by proper legislative, administrative or judicial authority from wfiose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in ful! force and efiect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. • � ya 9��i�5�7 ARTICLE 26. WAIVER � 26.1 The Employer and the Union acknowledge that during the me2ting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposafs with respect to any subject concerning the ierms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and comptetely 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 conditions of emptoyment whether specifically covered or not specifica4ly covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and all prior ordiRances, agreements, resolutions, practices, policies, 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 - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Employees of the School District under policy adopted by the Board of Education • may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the current Board approved rate or 31¢ per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration 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 trip made. r �� 15 99-// �� 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the empioyee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one ( 1) year. ARTICLE 28. MATERNITY LEAVE ARTICLE 29. REQU(RED TRAINING 29.1 If the District requires and in writing directs an empioyee to attend specified training or educational classes outside the normai workday, the employee shall be paid for the hours actualiy spent in attendance at such classes, at the basic hourly pay rate. The employee will be required to provide verification of actual attendance and satisfaciory completian of the training unit, or series. Training taken at the employee's option will not qualify for pay under this provision. �� � J s �� ,6 97-i�� 7 ARTICLE 30. DURATION AND PLEDGE � 30.1 This Agreement shall become effective as of May 1, 1997, and shail remain in effect through the 3oth 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 30.2. 30.2 If either party desires to terminate or modify this Agreement effective as of the date of ezpiration, the party wishing to modify or terminate the Agreement shail 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. 30.3 In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the emQloyees will not engage in, instigate or co�done any concerted action in which employeesfail to report for duty, willfully absent themselves from work, stop wo�k, slow down their work o r absent themselves in whole or part from the full, faithful performance of their duties of empfoyment. 30.3.2 The Employer will not engage in, instigate or condone any lockout of empfoyees. 30.3.3 This constitutes a tentative Agreement between the parties which w i I I � be recommended by the Negotiations/Labor Relations Manager, bui is subject to the approval of the Board of Education and is also subject to ratification by the Union. 1'he parties agree and attest that this Agreement represents the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Empfoyer and the Union. WITNESSES: WDEPENDENT SCHOOL DISTRICT NO. 625 . L� INTERNATIONAL BROTHERHOOD OF EI.ECTRIfdAL WORKERS. LOCAL 110 ��/ Date 17 7/a�1s7 Date 97-//5�� � Appendices � n U 97-ii�� APPENDIX A The classes of positions recognized as being exclusively represented by the Union � are as foftows: General Lead Electrician Lead Electrician Master Eiectrician Master Building Controls Electrician Electrician Building Controls Electrician ` Apprentice Electrician and other classes of positions that may be established by the Employer where the scope of the work duties and responsibiiities assigned comes within fhe jurisdiction of the Union. � � a A1 9�-/��� APPENDIX B � For ali normal work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shali apply and govern: 1. All regular electricians employed prior to January 1, 1976, shall be offered assignment to the work week on a seniority basis, and all such employees shall have the right to refuse assignment to the work week. This refusai is subject to the provisions listed below. 2. All regular electricians employed subsequent to January 1, 1976, may be ' assigned to vacancies in this workweek. , 3. All regular electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than fifteen (15) workdays or the total temporary assignment to exceed ninety (90) workdays. � � � 'F7i' �7-//�% APPENDIX C Ci. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the fotlowing amounts: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26/97 $34.36 34.36 36.62 36.62 36.62 37.75 Effective 4/25/98 $35.73 35.73 37.99 37.99 37.99 39.12 C2. The total taxable hourly rate including wages and the vacation contribution 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 and who are not covered by the Employer's benefit package described in Article 12.2 shall be as follows: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26/97 $24.62 24.62 26.72 26.72 26.72 27.78 Effective 4/25/98 ■ � � . � : � LI . L. ' Note: The April 25, 1998, hourly rates in Appendices C-2 shall be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C1 � 97- //�7 r1 U -J APPENDIX C (continued) C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analysis purposes onlv. These figures represent portion of the Appendix C1 rates above specifically altocated to wages. These rates do NOT include taxable contributions and therefore should NOT be used for taxable payroll calculations. Appendix C2 above for total taxable payroll information. Effective Effective 4/26/97 4/25/98 Electrician $22.38 � Building Control Electrician 22.38 � Lead Electrician 24.29 � Master Electrician 24.29 " the See Master Building Controis - 24 29 * Electrician General Lead Electrician 25.25 " � C3. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26l97 $25.69 25.69 27.89 27.89 27.89 28.99 Effective 4l25l98 � : � � � : If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in Ci above. �. General Lead Electrician-In-Charge Premium: For those employees assigned to pertorm the function of General Lead Electrician-In-Charge, including supervising other Lead * Electricians, overseeing projects and providing scheduling and direction, the rate of pay will be equivalent to the applicable rate shown for General Lead Electrician in Appendix C1, C2, C2A or C3. Benefits will be as shown in Appendix D. ` Note: The April 25, 1998, hourly rates in Appendices C-2A and C3 shall be determined at a � later date based on the allocation agreed to by the Employer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C2 ��I�//�7 APPENDIX C (continued) C4. The basic hourly wage rates for the Apprentice class of positions: Apprentice Electrician hired on or after May 1, t984: 1 si 2nd 3rd 4th 5th 6th 7th Sth C5. Generalltems 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 48% 48°/a 55% 60% 70% 75% 80% 85% of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Joumeyman rate rate rate rate rate rate rate 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 C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section Ci . The total cost to the Employer for compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Association (NECA). In the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. The total package cost shall exclude any costs of payments made for industry promotion and/or advertisement or any other purposes not directly and clearly beneficial to the public employer. Shift Differential For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., but less than five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the hours worked between the hours of 6:00 p.m. and 6:00 a.m. The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked. i � � C3 9�-ii�7 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 a) For regular employees, 10% of the Appendix C2A wages only rate per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1 b) For temporary employees, 10% of the Appendix C3 rate per hour for all �' hours worked from which ali appropriate payroll deductions have been made to a Union-designated Vacation Fund. y ( 2) $2.52 per hour for all hours worked to a Union-designated Health and Welfare Fund. ( 3) $1.24 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $1.30 per hour for all hours worked to a Union-designated Annuity Fund. ( 5) $1.01 per hour for all hours worked to a Union-designated Reserve Trust Fund. ( 6) $ 1.65 per hour for all hours worked to a Union-designated Flexible . Benefit Fund. ( 7 a) For regular employees, 3% of the Appendix C-2A wages only rate per hour for all hours worked to a Union-designated National Employees Benefit Fund (N.E.B.F.). ( 7 b) For temporary emptoyees, 3% of the Appendix C-3 rate per hour for all hours worked to a Union-designated National Employees Benefit Fund �N.E.B.F.�. ( 8) $.03 per hour for all hours worked to a Union-designated abor Management Cooperative Committee Fund. � ( 9) $.22 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. � r� L_J D1 q�-� i�� APPENDIX D (continued) Effective April 26, 1997, the Empioyer shall forward the amounts designated in this Appendix D for apprentice employees designated in Appendix C4 covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1 a) For apprentices, the following percentages of gross wages shait be forroarded for all hours worked from which ail appropriate payroll deductions have been made to a Union designated Vacation Fund. 1st - 1900 hrs. 7.901 - 3.800 hrs. 3.807 - 5.700 hrs. 5.701 - 7.600 hrs. 5-1/2% 6-1/2% 7-1/2% 9-1/2% ( 2 a) $2.52 per hour shall be forwarded for all hours worked as an apprentice to a Union-designated Health and Welfare Fund. (3a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a union-designated Pension Fund: 1st - 1900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 - 7.600 hrs. $ .29 $ .31 $ .36 $ 1.24 (4a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Annuitv Fund: Ist - 3.800 hrs. 3.807 - 6.650 hrs. 6.651 - 7.600 hrs. $ .60 hr. $ .65 hr. $ 1.30 hr. ( 5 a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Reserve Trust Fund: 1- 1 900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 + hrs, $ .31 $ .33 $ .38 $ 1.01 ( 6 a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Flexible Benefit Fund: 1- 1.900 hrs. 7.901 - 3.800 hrs. 3.801 - 5.700 hrs, 5.701 - 6.650 6 651 - 7.600 hrs. $ 29 $ .32 $ .35 $.36 $ 1.65 ( 7 a) 3% of the gross wages shall be forwarded for all hours worked as an apprentice to a Union-designated National Employees Benefit Fund (N.E.B.F.). (8a) $.03 per hour shall be forwarded for all hours worked as an apprentice to a Union-designated Labor Manac�ement Cooperative Committee Fund. (9a) $.22 per hour shall be forwarded for alt hours worked as an apprentice to a Union-designated A�prenticeshio Fund. . � a � D2 97-�i�� APPENDIX D (continued) � For alf empfoyees, the Employer shall make legally estabfished non-negotiated pension contributions for all appropriate employees to PERA. Changes in the mandated PERA rate may change the cafcufated hourly base rate of pay � the Employer's cost does not exceed the amounts listed in C1 above. For all employees, the Employer shall deduct the employee's FICA withholdings as appropriate tsom total taxable wages as required. The Empioyer shall deduct the employee's appropriate Federal and State income tax withholdings, PERA deductions, and any other legally established obligation as required from all rates � established in Appendix C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amounts shaii 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, governed by o r accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councii � Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibilily of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. r � � D3 97-ii�� APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Belt S 6' Rule 9" or 10" Aluminum Leve! 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination of 8ox-Open-End Wrenches 3/8" - 3/4" Socket Set of Equivalent Sizes Cold Chiset and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 4 /20 � Drilis - in Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail ' Hack Saw 12" blade Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashiight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Pliers Diagonal-Cutting Pliers 2 pair Channel Locks Allen Wrenches Hammer, Ball Peen Scratch Awl � Fuse Puller 25' Steel Tape Measure Chalk-Line Plumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hold the above tools The Employer shall furnish all other necessary tools or equipment. Employees will be responsible for tools or equipment issued to them, providing the Employer furnishes the necessary lockers, "gang bo�' or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement claims will be honored only , for acceptable tools checked by the Employer. The Employer shall replace with similar tools of equal value and quality any of # the above-listed tools which are turned in by a regularly appointed employee which are no longer serviceable because of wear or breakage. The Employer shall replace with similar tools of equal value and quality any of the above-listed tools which are turned in by a temporary appointed employee which are no longer serviceable because of wear or breakage providing the employee has been employed for nine (9) continuous months or more. � E1 � Council File # � �� �/ 5<� Green Sheet # 40109 MINNESOTA Presented Referred To Committee Date � �, RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 1997-1999 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110. Requested by Deparnnent of. Office of Labor Relations By: ��� - Form Appro d by C B ��'`�-�I z� `� � � 1 �4�-- Adoption Certified by Council Secretary � Appx � Approved y M o or S ission to Council By: Adopted by Council: Date �� ��a.-� � g� q�- iiy� DEPARTMENTlOFFICE/COi3NCIL: �AT£ [NlT[ATED GREEN SHEET No.: 40109 LABOR RELATIONS 09-03-97 CONiACT PERSON & PHOVE: nat7uLmnTE INmnuDn'rs JLJLIE KRAUS 266-6513 qgSIGN 1 DEPARTMENI DIR �� 4 CTCY COUNCIL NUMBER 2 CITY ATI'OANEY CITY CLERK MUSf BE ON COUNCIL AGENDA BY (DATE) FOR BUSXiET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 b1AYOA (OR ASST.) OADER TOTAL # OF SiGNATURE PAGES_I (CLIP ALL LOCA170NS FOR SIGNATURE) acnox xsQves�ren: This resolution approves the attached 1997-1994 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical VJorkers No. 110. RECOMtvgNDATtONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUST ANSWER 7IIE FOLLOWING QUESTIONS: PLANNING COMMISSION _CML SEAViCE COMMISSION 1. Has this person/fvm ever worked under a contract for this departrnent? Cffi COMMITTEE Yes No _STAFF 2. Has this person/firtn ever bcen a city employee? _DIS77UCT WUAT Yes No SUPPORTS WHICH COiJNCIL OB7EC7'f VE? 3. Does this person/firm possess a skill not nolmally possessed by any current city employee? Yes No Expiain aI{ yes answers on separste sheet and attaeh to green sheet � IN177ATING PROBLEM, ISSUE, OPYORTI7NI7Y (Who, What, When, W6ere, Whyj: See Attached. This Agreement pertains to $oazd of Education employees only. ADVANTAGESIFAPPROVED: D7SADVANTAGES SF APPROVED: � $�;� � $ 1997 DISADVANTAGES IF NOT APPROVED: TOTAL AMOUN't' OF TRANSACT70N: COST/REVENUE BUDGETED: FUNDING SOURCE: ACI'IV1'fY NUMBER: FINANGL4L INFORMATION: (EXPLAIN) �_ - �� ���� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: July 15, 1997 TOPIC: Approval of an Employment Agreement with International Brotherhood of Electrical Workers No. 110 A. PERTINENT FACTS: 1) New Agreement is for a two-year period from May 1, 1997 through April 30, 1999. 2) Contract changes are as follows: Stand-bkPav: Language included to compensate employees who are required to be on standby for weekend emergency call-ins. Mileaae: The language will be changed to read, "... the current Board rate or $.31 per mile whichever is greater." Time Limits: Language included to progressive discipline article to clarify when old actions become stale. Waaes: Wage and benefits changes reflect prevailing wage for the industry. 3) Language will be changed to accommodate future mandated changes in the PERA rate, so the employer cost does not exceed the outside prevailing rate. 4) The District has 13 regular employees in this bargaining unit. 5) This request is submitted by Susan 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 International Brotherhood of Electrical Workers Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 1997 through April 30, 1999. 97 �i�� , � a, I, � �� . i INDEX ARTICLE TITLE P?� Preamble .................................................................................................. i v 1. Purpose .................................................................................................... 1 2. Recognition ............................................................................................... 1 3. Empioyer Rights ....................................................................................... 2 4. Union Rights ............................................................................................. 2 5. Scope of the Agreement ............................................................................. 2 6. Probationary Periods ............................................................................... 3 7. Philosophy ofi Empfoyment and Compensation ......................................... 3 8. Hours of Work .......................................................................................... 4 9. O ve rt i m e ................................................................................................... 5 1 0. Call Back ................................................................................................... 6 1 1. Work location ...............................................................................°......... 6 12. Wages ....................................................................................................... 6 13. Fringe Benefits ......................................................................................... 7 14. Selection of Lead Eleetrician, Generat Lead Electrician, Master Electrician, and Master Building Controls Electrician .............................................................................. 7 15. Hotidays .................................................................................................... 8 16. Disciplinary Procedures .......................................................................... 9 17. Absences from Work ................................................................................ 9 18 . Seniority .................................................................................................. i 0 19. Jurisdiction .............................................................................................. i i 20. Separation from Employment .................................................................. 1 1 21 . Tools ......................................................................................................... 1 1 22. Grievance Procedure ............................................_......--°-.....-°............... 1 2 23. Right of Subcontract ................................................................................. 1 4 24. Non-Discrimination .................................................................................14 25. Severability .............................................................................................14 26. Waiver ......................................................................................................15 27. Mileage - Independent School District No. 625 ....................................... 1 5 28 . Materniiy Leave ....................................................................................... 16 29. Required Training .................................................................................... 1 6 30. Duration and Pledge .................................................................................. 1 7 Appendix ....................................................................................... A1 Appendix ....................................................................................... B 1 Appendix .......................................................................... C1 - C3 Appendix .......................................................................... Di - D3 Appendix ................................�...................................................... Ei � 97�/I�� � PREAMBLE This Agreement is entered into between independent Schooi District No. 625, hereinafter referred to as the Employer, and the International Brotherhood of Electrical Workers, Local 110, hereinafter referred to as the Union. R The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities oi 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 but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � • IV 9� //:�7 CJ ARTICLE 1. PURPOSE 1.1 The Empioyer and the Union agree that the purpose for entering into this Agreement is to: 1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest {evei of empioyee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer a�d the Union; s 1.1 .3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legisiation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shali prevail. The parties, on written notice, agree to negotiate that part in confiict so that it conforms to the statute as provided by Article 25, Severability. � ARTICLE 2. RECOGNITION 2.1 The Empioyer recognizes the Union as the exciusive representative for coflective bargaining purposes for all personnel having an employment status of regular, probaiionary, and temporary employed in the cVasses of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348 dated December 11, 1889. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. a� •, . � �� ���� 3.1 The Employer retains the right to operate and manage ali 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 perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTICLE 3. EMPLOYER RIGHTS ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shali not deduct dues from the wages of employees covered by this Agreement for any other labor organization. • 4,1 .2 The Union shal( indemnify and save harmless the Employer from any � and all claims or charges made against the Employer as a result of the implementafion of this Articie. 4.2 The Union may designate one (i} emp(oyee from the bargaining unit in each department to act as a Steward and shall inform the Employer in writing of such designation. Sucfi emptoyee shall have the righfs and responsibilities � designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or his/her designated representative shaif be permitfed to enter the facilities of the Employer where employees covered by this Agreement are working. .v ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement established the 'Yerms and conditions of employmenY' deiined by Minnesota Statute § 179A.03, Subdivision 19, for all empioyees exclusively represented by the Union. 7his Agreement shall supersede such "terms arxl conditions of employment" established by Civil Service Rufe, Council Ordinance, and Councii Resoiution. � 9�-�l5�7 � 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. ARTICLE 6. PROBATIONARY PERIODS 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 Artic{e 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 Ali 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 responsibiiities shall be evaluated. 6.2.1 At any time during the promotional probationary period, an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. � 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-heid class of positions and i sha11 receive a written notice of the reason(s) for demotion, a copy of which shall 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 the basic , hourly wage rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits. � 7.3 No other compensation or fringe benefit sha11 be accumulated or earned by an employee except as specifically provided for in this Agreement. 3 97-/i�7 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid funch period. ARTICLE 8. HOURS OF WORK 8.2 The normal work week shall be five (5) consecutive normal workdays in any seven (7) day period. � 8.3 Shifts other than the regular daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a regularly-scheduled shift which follows a regularly-scheduled first shift of five (5) hours or greater. The third shift shall be a regutarly-scheduled shift which follows a regulariy-scheduled second shift of five (5) hours or greater. � 8.4 For empioyees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 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. 8.6 An employee normally working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-four (24) hours' notice. 8.7 All employees shall be at the work location designated by their supervisor, ready � for work, at the estabfished starting time and shall remain at an assigned work location untit the end of the esiabiished workday unless otherwise directed by their supervisor. 8.8 All employees are subject to call-back by the Employer as provided by Article 10, Call Back. 8.9 Employees reporting for work at the established starting time and for whom no work is availabfe shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. 8.1 0 The employer shall be required to give no less than six and one-half { 6- 1/ 2) hours notice, when an employee is to be laid off. ` 8.1 1 If an employee is required to work eleven (11) consecutive hours or more that involve scheduled overtime, the employee shall be allowed to take a thirty ( 3 0) � minute unpaid meal break. Such meai break wiil be taken wiihin the first two (2) hours immediately following the normal workday, as defined in 8.1 of this Article. i 4 9�-�/�� � ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ctaim wiil be honored for payment or credit unless approved in advance. An overtime ciaim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: � 9.3 � s, � E� 9.2.1 9.2.2 Time worked in excess of eight (8) hours in any one normaf workday, arxJ Time worked on a sixth (6th) day following a normal work week. The overtime rate of two (2) times the basic hourly rate shail be paid for work performed under the following circumstances: 9.3.1 Time worked on a seventh (7th) day following a normal work week; arxi 9.3.2 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Artic{e shall be paid in cash or i n compensatory time. The basis on which overtime shall be paid shall be determined solely by the Employer. Compensatory time ofS musi be approved by the Employer. 5 �� i�� � ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has ! started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate (equals 2.7 hours at time and a half). 1 0.3 The hours worked based on a cali-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours or fess 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. ' 10.5 Sfand by: Any employee who is required to be availabie for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday night 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All of the above shail be at time and one-half (1-1/2) rate. If the employee is catled in ior work, the above time shall be part of, not in addition to, the time worked. � ARTICLE 1 1. WORK LOCATION 11.1 Employees shall report to the work locations as assigned by a designated Employer supervisor. During ihe normal 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, shall be compensated for mileage, as set forth in Article 27, Mileage. ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shall 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, Fringe Benefits. 12.3 Temporary employees shall be compensated in accordance with Article 12.1 , Wages, and have fringe benefit contributions and/or deductions made in their � behalf as provided for by Article 13, Fringe Benefits. � 97-/��7 ARTICLE 1 3. FRINGE BENEFITS ! 13.1 The Employer shall make contributions on behatf of andlos make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hou�s worked. i 3.2 The Employer will for the period of lhis Agreement provide, for those employees who were "grandfathered" as eligible for the Employer's Health and Weifare Plan and who have retired since February 15, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Empfoyer at the date of eariy 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. 13.2.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree pians. 13.2.3 Inform the Human Resource Department of independent School District No. 625 and Personnel Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she � wishes to be eligible for early retiree insurance benefits. i 3.3 An employee wfio retired at age sixty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) atter retirement the Employer wiif provide payment of premium for a Medicare supplement health coverage policy selected by the Empfoyer. ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRICIAN, MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS ELECTRICIAN �, 14.1 The selection of personnel for the class of positions General Lead Electrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shall remain solely with the Employer. 14.2 The class of positions Master Electrician, and Master Building Controls Electrician shall be filled by employees of the bargaining unit on a"temporary assignment." 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. � 14.4 Such "temporary assignments" shall be made only in cases where tfie cfass of positions is vacant for more than one (1) normal workday. 7 �7-�/�� ARTICLE 15. HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: 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 Cfiristmas Day falfs on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shalf be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shafl be observed on the calendar date of the 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 called in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is not in session, that day will normally be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the holiday. If the employee is called in on such day, they will be called in accordance with Article 10 and paid as in 15.5. 15.8 Employees shal! be permitted one personal holiday per year. The scheduling of such holiday is subject to the approval of the department head, and a request to schedule ihe date must be submitted at least five (5) working days in advance of the date requested. Compensation for such personal holiday shall be as provided for employees under Appendix D(D-1) and shall rtot involve any further contribution or pay by the Employer. 15.9 The day after Thanksgiving Day and day before Christmas Day shall be considered workdays. All employees working on these days shall be compensated on a straight-time basis. � r1 �J � � 97 ii�� ARTICLE 1 6. DISCIPLINARY PROCEDURES � 16.1 The Employer shall have the right to impose disciplinary actions on employees forjust cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; � 16.2.5 Discharge. , 16.3 Employees who are suspended, demoted or discharged shafl have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions ot Article 22, Gsievance Procedure); as an alternative option, such employee can request review by the Civil Service Commission or a designated Board ot Review, consistertt with Minnesota Statute § 179A.20, Subd. 4. Onoe an employee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall nat be subject to the grievance review procedures. 1 6.4 From the time of a documented disciplinary action of an employee, if no further instances of documented discipline occur for twenty-four (24) months, the � record of all disciplinary action will not be referred to in future disciplinary matters. This does not include matters under Titfe 7 and the Minnesota Human Rights Act. If multiple disciplinary actions have been taken over a period of time, as fong as any one aciion is within tweniy-four (24) months of the mosl recent action, then all events may be referred to in other disciplinary actions. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor ot such absence as soon as possible, but in no event later than the beginning of such workday. � 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16, Discip{inary 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. i 0 97 ii�� 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: ARTICLE 18. SENIORIIY �� � 18.1.1 "Master Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class tities covered by this Agreement. 18.1 .2 "Class Seniority" - The length of continuous reguiar and probationary service with the Employer from the date an emp(oyee was first appointed to a class title covered by this Agreement. 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 illness or injury; is granted to allow 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." Recaif from fayoff shalt be in inverse order of layoff, except that recall rights shall expire after two years of Iayoff. 18.5 The selection of vacation periods shall be made in class title based on length of "Class Seniority," subject to the approval of the Employer. � � 10 9����5�7 ARTICLE 19. JURISDICTION � 1 9.1 Disputes conceming 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 any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to � resolve the dispute. Notfiing in the foregoing sha14 restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the , dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16, Disciplinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION FROM EMPLOYMENT I � 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the foliowing actions: 20.1.1 Resiqn ta ion. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1 .2 Discharae. As provided in Article 16. 20.1 .3 Failure to Report for Duty. As provided for 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 Afl employees shaff personafly provide themsefves with the tools of the trade as listed in Appendix E. � 11 97-�i�7 ARTICLE 22. GRIEVANCE PROCEDURE � 22.1 The Employer shall recognize Stewards seleeted in accordance with Union rules and regufations 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 employees and shall therefore be accomplished during working hours only when consistenf with such emp�oyee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay whe� a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previousty 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 shall be resolved in conformance with the following procedure: te 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to � the employee's satisfaction by the informal discussion, it may 6e reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section (s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresoived, the Employer shait reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ( 7) calendar days 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 the Employer's answer shall be considered waived. � ib% 97-�>5�7 ARTICLE 22. GRIEVANCE PROCEDURE (continued) • Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shali meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shail reply in writing to the Union stating the Employer's answer concerning the grievance. if, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred i n writing by the Union to Step 4 within seven (7) calendar days foilowing . receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven ( 7) - calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be setected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7}- day period either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1) name; the Empioyer shall then strike one (1) name. The process will be repeated and the remaining person shali be the arbitrator. � 22.5 The arbitrator shall have no right to amend, modify, nuilify, 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 s� submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or ihe submission of briets by ihe parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be � responsible for compensating its own representative and witnesses. If either party cance{s 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 posiponement shall pay this charge. lf either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing i t 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. � iB3 97 >/�� 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 result 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 employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRfMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard Yo or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such 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 taw by proper legislative, administrative or judicial authority from wfiose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in ful! force and efiect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. • � ya 9��i�5�7 ARTICLE 26. WAIVER � 26.1 The Employer and the Union acknowledge that during the me2ting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposafs with respect to any subject concerning the ierms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and comptetely 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 conditions of emptoyment whether specifically covered or not specifica4ly covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and all prior ordiRances, agreements, resolutions, practices, policies, 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 - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Employees of the School District under policy adopted by the Board of Education • may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the current Board approved rate or 31¢ per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration 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 trip made. r �� 15 99-// �� 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the empioyee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one ( 1) year. ARTICLE 28. MATERNITY LEAVE ARTICLE 29. REQU(RED TRAINING 29.1 If the District requires and in writing directs an empioyee to attend specified training or educational classes outside the normai workday, the employee shall be paid for the hours actualiy spent in attendance at such classes, at the basic hourly pay rate. The employee will be required to provide verification of actual attendance and satisfaciory completian of the training unit, or series. Training taken at the employee's option will not qualify for pay under this provision. �� � J s �� ,6 97-i�� 7 ARTICLE 30. DURATION AND PLEDGE � 30.1 This Agreement shall become effective as of May 1, 1997, and shail remain in effect through the 3oth 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 30.2. 30.2 If either party desires to terminate or modify this Agreement effective as of the date of ezpiration, the party wishing to modify or terminate the Agreement shail 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. 30.3 In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the emQloyees will not engage in, instigate or co�done any concerted action in which employeesfail to report for duty, willfully absent themselves from work, stop wo�k, slow down their work o r absent themselves in whole or part from the full, faithful performance of their duties of empfoyment. 30.3.2 The Employer will not engage in, instigate or condone any lockout of empfoyees. 30.3.3 This constitutes a tentative Agreement between the parties which w i I I � be recommended by the Negotiations/Labor Relations Manager, bui is subject to the approval of the Board of Education and is also subject to ratification by the Union. 1'he parties agree and attest that this Agreement represents the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Empfoyer and the Union. WITNESSES: WDEPENDENT SCHOOL DISTRICT NO. 625 . L� INTERNATIONAL BROTHERHOOD OF EI.ECTRIfdAL WORKERS. LOCAL 110 ��/ Date 17 7/a�1s7 Date 97-//5�� � Appendices � n U 97-ii�� APPENDIX A The classes of positions recognized as being exclusively represented by the Union � are as foftows: General Lead Electrician Lead Electrician Master Eiectrician Master Building Controls Electrician Electrician Building Controls Electrician ` Apprentice Electrician and other classes of positions that may be established by the Employer where the scope of the work duties and responsibiiities assigned comes within fhe jurisdiction of the Union. � � a A1 9�-/��� APPENDIX B � For ali normal work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shali apply and govern: 1. All regular electricians employed prior to January 1, 1976, shall be offered assignment to the work week on a seniority basis, and all such employees shall have the right to refuse assignment to the work week. This refusai is subject to the provisions listed below. 2. All regular electricians employed subsequent to January 1, 1976, may be ' assigned to vacancies in this workweek. , 3. All regular electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than fifteen (15) workdays or the total temporary assignment to exceed ninety (90) workdays. � � � 'F7i' �7-//�% APPENDIX C Ci. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the fotlowing amounts: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26/97 $34.36 34.36 36.62 36.62 36.62 37.75 Effective 4/25/98 $35.73 35.73 37.99 37.99 37.99 39.12 C2. The total taxable hourly rate including wages and the vacation contribution 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 and who are not covered by the Employer's benefit package described in Article 12.2 shall be as follows: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26/97 $24.62 24.62 26.72 26.72 26.72 27.78 Effective 4/25/98 ■ � � . � : � LI . L. ' Note: The April 25, 1998, hourly rates in Appendices C-2 shall be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C1 � 97- //�7 r1 U -J APPENDIX C (continued) C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analysis purposes onlv. These figures represent portion of the Appendix C1 rates above specifically altocated to wages. These rates do NOT include taxable contributions and therefore should NOT be used for taxable payroll calculations. Appendix C2 above for total taxable payroll information. Effective Effective 4/26/97 4/25/98 Electrician $22.38 � Building Control Electrician 22.38 � Lead Electrician 24.29 � Master Electrician 24.29 " the See Master Building Controis - 24 29 * Electrician General Lead Electrician 25.25 " � C3. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26l97 $25.69 25.69 27.89 27.89 27.89 28.99 Effective 4l25l98 � : � � � : If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in Ci above. �. General Lead Electrician-In-Charge Premium: For those employees assigned to pertorm the function of General Lead Electrician-In-Charge, including supervising other Lead * Electricians, overseeing projects and providing scheduling and direction, the rate of pay will be equivalent to the applicable rate shown for General Lead Electrician in Appendix C1, C2, C2A or C3. Benefits will be as shown in Appendix D. ` Note: The April 25, 1998, hourly rates in Appendices C-2A and C3 shall be determined at a � later date based on the allocation agreed to by the Employer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C2 ��I�//�7 APPENDIX C (continued) C4. The basic hourly wage rates for the Apprentice class of positions: Apprentice Electrician hired on or after May 1, t984: 1 si 2nd 3rd 4th 5th 6th 7th Sth C5. Generalltems 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 48% 48°/a 55% 60% 70% 75% 80% 85% of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Joumeyman rate rate rate rate rate rate rate 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 C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section Ci . The total cost to the Employer for compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Association (NECA). In the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. The total package cost shall exclude any costs of payments made for industry promotion and/or advertisement or any other purposes not directly and clearly beneficial to the public employer. Shift Differential For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., but less than five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the hours worked between the hours of 6:00 p.m. and 6:00 a.m. The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked. i � � C3 9�-ii�7 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 a) For regular employees, 10% of the Appendix C2A wages only rate per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1 b) For temporary employees, 10% of the Appendix C3 rate per hour for all �' hours worked from which ali appropriate payroll deductions have been made to a Union-designated Vacation Fund. y ( 2) $2.52 per hour for all hours worked to a Union-designated Health and Welfare Fund. ( 3) $1.24 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $1.30 per hour for all hours worked to a Union-designated Annuity Fund. ( 5) $1.01 per hour for all hours worked to a Union-designated Reserve Trust Fund. ( 6) $ 1.65 per hour for all hours worked to a Union-designated Flexible . Benefit Fund. ( 7 a) For regular employees, 3% of the Appendix C-2A wages only rate per hour for all hours worked to a Union-designated National Employees Benefit Fund (N.E.B.F.). ( 7 b) For temporary emptoyees, 3% of the Appendix C-3 rate per hour for all hours worked to a Union-designated National Employees Benefit Fund �N.E.B.F.�. ( 8) $.03 per hour for all hours worked to a Union-designated abor Management Cooperative Committee Fund. � ( 9) $.22 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. � r� L_J D1 q�-� i�� APPENDIX D (continued) Effective April 26, 1997, the Empioyer shall forward the amounts designated in this Appendix D for apprentice employees designated in Appendix C4 covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1 a) For apprentices, the following percentages of gross wages shait be forroarded for all hours worked from which ail appropriate payroll deductions have been made to a Union designated Vacation Fund. 1st - 1900 hrs. 7.901 - 3.800 hrs. 3.807 - 5.700 hrs. 5.701 - 7.600 hrs. 5-1/2% 6-1/2% 7-1/2% 9-1/2% ( 2 a) $2.52 per hour shall be forwarded for all hours worked as an apprentice to a Union-designated Health and Welfare Fund. (3a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a union-designated Pension Fund: 1st - 1900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 - 7.600 hrs. $ .29 $ .31 $ .36 $ 1.24 (4a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Annuitv Fund: Ist - 3.800 hrs. 3.807 - 6.650 hrs. 6.651 - 7.600 hrs. $ .60 hr. $ .65 hr. $ 1.30 hr. ( 5 a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Reserve Trust Fund: 1- 1 900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 + hrs, $ .31 $ .33 $ .38 $ 1.01 ( 6 a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Flexible Benefit Fund: 1- 1.900 hrs. 7.901 - 3.800 hrs. 3.801 - 5.700 hrs, 5.701 - 6.650 6 651 - 7.600 hrs. $ 29 $ .32 $ .35 $.36 $ 1.65 ( 7 a) 3% of the gross wages shall be forwarded for all hours worked as an apprentice to a Union-designated National Employees Benefit Fund (N.E.B.F.). (8a) $.03 per hour shall be forwarded for all hours worked as an apprentice to a Union-designated Labor Manac�ement Cooperative Committee Fund. (9a) $.22 per hour shall be forwarded for alt hours worked as an apprentice to a Union-designated A�prenticeshio Fund. . � a � D2 97-�i�� APPENDIX D (continued) � For alf empfoyees, the Employer shall make legally estabfished non-negotiated pension contributions for all appropriate employees to PERA. Changes in the mandated PERA rate may change the cafcufated hourly base rate of pay � the Employer's cost does not exceed the amounts listed in C1 above. For all employees, the Employer shall deduct the employee's FICA withholdings as appropriate tsom total taxable wages as required. The Empioyer shall deduct the employee's appropriate Federal and State income tax withholdings, PERA deductions, and any other legally established obligation as required from all rates � established in Appendix C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amounts shaii 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, governed by o r accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councii � Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibilily of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. r � � D3 97-ii�� APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Belt S 6' Rule 9" or 10" Aluminum Leve! 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination of 8ox-Open-End Wrenches 3/8" - 3/4" Socket Set of Equivalent Sizes Cold Chiset and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 4 /20 � Drilis - in Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail ' Hack Saw 12" blade Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashiight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Pliers Diagonal-Cutting Pliers 2 pair Channel Locks Allen Wrenches Hammer, Ball Peen Scratch Awl � Fuse Puller 25' Steel Tape Measure Chalk-Line Plumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hold the above tools The Employer shall furnish all other necessary tools or equipment. Employees will be responsible for tools or equipment issued to them, providing the Employer furnishes the necessary lockers, "gang bo�' or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement claims will be honored only , for acceptable tools checked by the Employer. The Employer shall replace with similar tools of equal value and quality any of # the above-listed tools which are turned in by a regularly appointed employee which are no longer serviceable because of wear or breakage. The Employer shall replace with similar tools of equal value and quality any of the above-listed tools which are turned in by a temporary appointed employee which are no longer serviceable because of wear or breakage providing the employee has been employed for nine (9) continuous months or more. � E1 � Council File # � �� �/ 5<� Green Sheet # 40109 MINNESOTA Presented Referred To Committee Date � �, RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 1997-1999 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical Workers No. 110. Requested by Deparnnent of. Office of Labor Relations By: ��� - Form Appro d by C B ��'`�-�I z� `� � � 1 �4�-- Adoption Certified by Council Secretary � Appx � Approved y M o or S ission to Council By: Adopted by Council: Date �� ��a.-� � g� q�- iiy� DEPARTMENTlOFFICE/COi3NCIL: �AT£ [NlT[ATED GREEN SHEET No.: 40109 LABOR RELATIONS 09-03-97 CONiACT PERSON & PHOVE: nat7uLmnTE INmnuDn'rs JLJLIE KRAUS 266-6513 qgSIGN 1 DEPARTMENI DIR �� 4 CTCY COUNCIL NUMBER 2 CITY ATI'OANEY CITY CLERK MUSf BE ON COUNCIL AGENDA BY (DATE) FOR BUSXiET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 b1AYOA (OR ASST.) OADER TOTAL # OF SiGNATURE PAGES_I (CLIP ALL LOCA170NS FOR SIGNATURE) acnox xsQves�ren: This resolution approves the attached 1997-1994 Employment Agreement between Independent School District No. 625 and the International Brotherhood of Electrical VJorkers No. 110. RECOMtvgNDATtONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUST ANSWER 7IIE FOLLOWING QUESTIONS: PLANNING COMMISSION _CML SEAViCE COMMISSION 1. Has this person/fvm ever worked under a contract for this departrnent? Cffi COMMITTEE Yes No _STAFF 2. Has this person/firtn ever bcen a city employee? _DIS77UCT WUAT Yes No SUPPORTS WHICH COiJNCIL OB7EC7'f VE? 3. Does this person/firm possess a skill not nolmally possessed by any current city employee? Yes No Expiain aI{ yes answers on separste sheet and attaeh to green sheet � IN177ATING PROBLEM, ISSUE, OPYORTI7NI7Y (Who, What, When, W6ere, Whyj: See Attached. This Agreement pertains to $oazd of Education employees only. ADVANTAGESIFAPPROVED: D7SADVANTAGES SF APPROVED: � $�;� � $ 1997 DISADVANTAGES IF NOT APPROVED: TOTAL AMOUN't' OF TRANSACT70N: COST/REVENUE BUDGETED: FUNDING SOURCE: ACI'IV1'fY NUMBER: FINANGL4L INFORMATION: (EXPLAIN) �_ - �� ���� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: July 15, 1997 TOPIC: Approval of an Employment Agreement with International Brotherhood of Electrical Workers No. 110 A. PERTINENT FACTS: 1) New Agreement is for a two-year period from May 1, 1997 through April 30, 1999. 2) Contract changes are as follows: Stand-bkPav: Language included to compensate employees who are required to be on standby for weekend emergency call-ins. Mileaae: The language will be changed to read, "... the current Board rate or $.31 per mile whichever is greater." Time Limits: Language included to progressive discipline article to clarify when old actions become stale. Waaes: Wage and benefits changes reflect prevailing wage for the industry. 3) Language will be changed to accommodate future mandated changes in the PERA rate, so the employer cost does not exceed the outside prevailing rate. 4) The District has 13 regular employees in this bargaining unit. 5) This request is submitted by Susan 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 International Brotherhood of Electrical Workers Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 1997 through April 30, 1999. 97 �i�� , � a, I, � �� . i INDEX ARTICLE TITLE P?� Preamble .................................................................................................. i v 1. Purpose .................................................................................................... 1 2. Recognition ............................................................................................... 1 3. Empioyer Rights ....................................................................................... 2 4. Union Rights ............................................................................................. 2 5. Scope of the Agreement ............................................................................. 2 6. Probationary Periods ............................................................................... 3 7. Philosophy ofi Empfoyment and Compensation ......................................... 3 8. Hours of Work .......................................................................................... 4 9. O ve rt i m e ................................................................................................... 5 1 0. Call Back ................................................................................................... 6 1 1. Work location ...............................................................................°......... 6 12. Wages ....................................................................................................... 6 13. Fringe Benefits ......................................................................................... 7 14. Selection of Lead Eleetrician, Generat Lead Electrician, Master Electrician, and Master Building Controls Electrician .............................................................................. 7 15. Hotidays .................................................................................................... 8 16. Disciplinary Procedures .......................................................................... 9 17. Absences from Work ................................................................................ 9 18 . Seniority .................................................................................................. i 0 19. Jurisdiction .............................................................................................. i i 20. Separation from Employment .................................................................. 1 1 21 . Tools ......................................................................................................... 1 1 22. Grievance Procedure ............................................_......--°-.....-°............... 1 2 23. Right of Subcontract ................................................................................. 1 4 24. Non-Discrimination .................................................................................14 25. Severability .............................................................................................14 26. Waiver ......................................................................................................15 27. Mileage - Independent School District No. 625 ....................................... 1 5 28 . Materniiy Leave ....................................................................................... 16 29. Required Training .................................................................................... 1 6 30. Duration and Pledge .................................................................................. 1 7 Appendix ....................................................................................... A1 Appendix ....................................................................................... B 1 Appendix .......................................................................... C1 - C3 Appendix .......................................................................... Di - D3 Appendix ................................�...................................................... Ei � 97�/I�� � PREAMBLE This Agreement is entered into between independent Schooi District No. 625, hereinafter referred to as the Employer, and the International Brotherhood of Electrical Workers, Local 110, hereinafter referred to as the Union. R The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities oi 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 but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. � � • IV 9� //:�7 CJ ARTICLE 1. PURPOSE 1.1 The Empioyer and the Union agree that the purpose for entering into this Agreement is to: 1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest {evei of empioyee performance that is consistent with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer a�d the Union; s 1.1 .3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legisiation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shali prevail. The parties, on written notice, agree to negotiate that part in confiict so that it conforms to the statute as provided by Article 25, Severability. � ARTICLE 2. RECOGNITION 2.1 The Empioyer recognizes the Union as the exciusive representative for coflective bargaining purposes for all personnel having an employment status of regular, probaiionary, and temporary employed in the cVasses of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348 dated December 11, 1889. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. a� •, . � �� ���� 3.1 The Employer retains the right to operate and manage ali 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 perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTICLE 3. EMPLOYER RIGHTS ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shali not deduct dues from the wages of employees covered by this Agreement for any other labor organization. • 4,1 .2 The Union shal( indemnify and save harmless the Employer from any � and all claims or charges made against the Employer as a result of the implementafion of this Articie. 4.2 The Union may designate one (i} emp(oyee from the bargaining unit in each department to act as a Steward and shall inform the Employer in writing of such designation. Sucfi emptoyee shall have the righfs and responsibilities � designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or his/her designated representative shaif be permitfed to enter the facilities of the Employer where employees covered by this Agreement are working. .v ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement established the 'Yerms and conditions of employmenY' deiined by Minnesota Statute § 179A.03, Subdivision 19, for all empioyees exclusively represented by the Union. 7his Agreement shall supersede such "terms arxl conditions of employment" established by Civil Service Rufe, Council Ordinance, and Councii Resoiution. � 9�-�l5�7 � 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. ARTICLE 6. PROBATIONARY PERIODS 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 Artic{e 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 Ali 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 responsibiiities shall be evaluated. 6.2.1 At any time during the promotional probationary period, an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. � 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-heid class of positions and i sha11 receive a written notice of the reason(s) for demotion, a copy of which shall 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 the basic , hourly wage rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits. � 7.3 No other compensation or fringe benefit sha11 be accumulated or earned by an employee except as specifically provided for in this Agreement. 3 97-/i�7 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid funch period. ARTICLE 8. HOURS OF WORK 8.2 The normal work week shall be five (5) consecutive normal workdays in any seven (7) day period. � 8.3 Shifts other than the regular daytime shift Monday through Friday may be established. Such shifts must be maintained for a period of at least one (1) work week. The second shift shall be a regularly-scheduled shift which follows a regularly-scheduled first shift of five (5) hours or greater. The third shift shall be a regutarly-scheduled shift which follows a regulariy-scheduled second shift of five (5) hours or greater. � 8.4 For empioyees on a shift basis, this shall be construed to mean an average of forty (40) hours a week. 8.5 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. 8.6 An employee normally working on a particular shift may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-four (24) hours' notice. 8.7 All employees shall be at the work location designated by their supervisor, ready � for work, at the estabfished starting time and shall remain at an assigned work location untit the end of the esiabiished workday unless otherwise directed by their supervisor. 8.8 All employees are subject to call-back by the Employer as provided by Article 10, Call Back. 8.9 Employees reporting for work at the established starting time and for whom no work is availabfe shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. 8.1 0 The employer shall be required to give no less than six and one-half { 6- 1/ 2) hours notice, when an employee is to be laid off. ` 8.1 1 If an employee is required to work eleven (11) consecutive hours or more that involve scheduled overtime, the employee shall be allowed to take a thirty ( 3 0) � minute unpaid meal break. Such meai break wiil be taken wiihin the first two (2) hours immediately following the normal workday, as defined in 8.1 of this Article. i 4 9�-�/�� � ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ctaim wiil be honored for payment or credit unless approved in advance. An overtime ciaim will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work performed under the following circumstances: � 9.3 � s, � E� 9.2.1 9.2.2 Time worked in excess of eight (8) hours in any one normaf workday, arxJ Time worked on a sixth (6th) day following a normal work week. The overtime rate of two (2) times the basic hourly rate shail be paid for work performed under the following circumstances: 9.3.1 Time worked on a seventh (7th) day following a normal work week; arxi 9.3.2 Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Artic{e shall be paid in cash or i n compensatory time. The basis on which overtime shall be paid shall be determined solely by the Employer. Compensatory time ofS musi be approved by the Employer. 5 �� i�� � ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has ! started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate (equals 2.7 hours at time and a half). 1 0.3 The hours worked based on a cali-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours or fess 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. ' 10.5 Sfand by: Any employee who is required to be availabie for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday night 80 minutes for Saturday and Saturday night 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All of the above shail be at time and one-half (1-1/2) rate. If the employee is catled in ior work, the above time shall be part of, not in addition to, the time worked. � ARTICLE 1 1. WORK LOCATION 11.1 Employees shall report to the work locations as assigned by a designated Employer supervisor. During ihe normal 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, shall be compensated for mileage, as set forth in Article 27, Mileage. ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shall 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, Fringe Benefits. 12.3 Temporary employees shall be compensated in accordance with Article 12.1 , Wages, and have fringe benefit contributions and/or deductions made in their � behalf as provided for by Article 13, Fringe Benefits. � 97-/��7 ARTICLE 1 3. FRINGE BENEFITS ! 13.1 The Employer shall make contributions on behatf of andlos make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for all hou�s worked. i 3.2 The Employer will for the period of lhis Agreement provide, for those employees who were "grandfathered" as eligible for the Employer's Health and Weifare Plan and who have retired since February 15, 1974, such health insurance premium contributions up to the same dollar amounts as are provided by the Empfoyer at the date of eariy 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. 13.2.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree pians. 13.2.3 Inform the Human Resource Department of independent School District No. 625 and Personnel Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she � wishes to be eligible for early retiree insurance benefits. i 3.3 An employee wfio retired at age sixty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) atter retirement the Employer wiif provide payment of premium for a Medicare supplement health coverage policy selected by the Empfoyer. ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRICIAN, MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS ELECTRICIAN �, 14.1 The selection of personnel for the class of positions General Lead Electrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shall remain solely with the Employer. 14.2 The class of positions Master Electrician, and Master Building Controls Electrician shall be filled by employees of the bargaining unit on a"temporary assignment." 14.3 All "temporary assignments" shall be made only at the direction of a designated Employer supervisor. � 14.4 Such "temporary assignments" shall be made only in cases where tfie cfass of positions is vacant for more than one (1) normal workday. 7 �7-�/�� ARTICLE 15. HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: 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 Cfiristmas Day falfs on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shalf be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shafl be observed on the calendar date of the 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 called in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and his supervisor. 15.7 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is not in session, that day will normally be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the straight-time rate and will not be required to take another day off to replace the holiday. If the employee is called in on such day, they will be called in accordance with Article 10 and paid as in 15.5. 15.8 Employees shal! be permitted one personal holiday per year. The scheduling of such holiday is subject to the approval of the department head, and a request to schedule ihe date must be submitted at least five (5) working days in advance of the date requested. Compensation for such personal holiday shall be as provided for employees under Appendix D(D-1) and shall rtot involve any further contribution or pay by the Employer. 15.9 The day after Thanksgiving Day and day before Christmas Day shall be considered workdays. All employees working on these days shall be compensated on a straight-time basis. � r1 �J � � 97 ii�� ARTICLE 1 6. DISCIPLINARY PROCEDURES � 16.1 The Employer shall have the right to impose disciplinary actions on employees forjust cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; � 16.2.5 Discharge. , 16.3 Employees who are suspended, demoted or discharged shafl have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions ot Article 22, Gsievance Procedure); as an alternative option, such employee can request review by the Civil Service Commission or a designated Board ot Review, consistertt with Minnesota Statute § 179A.20, Subd. 4. Onoe an employee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall nat be subject to the grievance review procedures. 1 6.4 From the time of a documented disciplinary action of an employee, if no further instances of documented discipline occur for twenty-four (24) months, the � record of all disciplinary action will not be referred to in future disciplinary matters. This does not include matters under Titfe 7 and the Minnesota Human Rights Act. If multiple disciplinary actions have been taken over a period of time, as fong as any one aciion is within tweniy-four (24) months of the mosl recent action, then all events may be referred to in other disciplinary actions. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor ot such absence as soon as possible, but in no event later than the beginning of such workday. � 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16, Discip{inary 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. i 0 97 ii�� 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: ARTICLE 18. SENIORIIY �� � 18.1.1 "Master Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class tities covered by this Agreement. 18.1 .2 "Class Seniority" - The length of continuous reguiar and probationary service with the Employer from the date an emp(oyee was first appointed to a class title covered by this Agreement. 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 illness or injury; is granted to allow 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." Recaif from fayoff shalt be in inverse order of layoff, except that recall rights shall expire after two years of Iayoff. 18.5 The selection of vacation periods shall be made in class title based on length of "Class Seniority," subject to the approval of the Employer. � � 10 9����5�7 ARTICLE 19. JURISDICTION � 1 9.1 Disputes conceming 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 any mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to � resolve the dispute. Notfiing in the foregoing sha14 restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the , dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16, Disciplinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION FROM EMPLOYMENT I � 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the foliowing actions: 20.1.1 Resiqn ta ion. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1 .2 Discharae. As provided in Article 16. 20.1 .3 Failure to Report for Duty. As provided for 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 Afl employees shaff personafly provide themsefves with the tools of the trade as listed in Appendix E. � 11 97-�i�7 ARTICLE 22. GRIEVANCE PROCEDURE � 22.1 The Employer shall recognize Stewards seleeted in accordance with Union rules and regufations 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 employees and shall therefore be accomplished during working hours only when consistenf with such emp�oyee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay whe� a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 22.3 The procedure established by this Article shall, except as previousty 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 shall be resolved in conformance with the following procedure: te 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to � the employee's satisfaction by the informal discussion, it may 6e reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section (s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresoived, the Employer shait reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven ( 7) calendar days 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 the Employer's answer shall be considered waived. � ib% 97-�>5�7 ARTICLE 22. GRIEVANCE PROCEDURE (continued) • Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shali meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shail reply in writing to the Union stating the Employer's answer concerning the grievance. if, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred i n writing by the Union to Step 4 within seven (7) calendar days foilowing . receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may within seven ( 7) - calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be setected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7}- day period either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1) name; the Empioyer shall then strike one (1) name. The process will be repeated and the remaining person shali be the arbitrator. � 22.5 The arbitrator shall have no right to amend, modify, nuilify, 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 s� submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or ihe submission of briets by ihe parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be � responsible for compensating its own representative and witnesses. If either party cance{s 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 posiponement shall pay this charge. lf either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing i t 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. � iB3 97 >/�� 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 result 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 employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRfMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard Yo or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such 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 taw by proper legislative, administrative or judicial authority from wfiose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in ful! force and efiect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. • � ya 9��i�5�7 ARTICLE 26. WAIVER � 26.1 The Employer and the Union acknowledge that during the me2ting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposafs with respect to any subject concerning the ierms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and comptetely 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 conditions of emptoyment whether specifically covered or not specifica4ly covered by this Agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this Agreement. 26.3 Any and all prior ordiRances, agreements, resolutions, practices, policies, 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 - INDEPENDENT SCHOOL DISTRICT NO. 625 27.1 Employees of the School District under policy adopted by the Board of Education • may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: PLAN "A" is reimbursed at the current Board approved rate or 31¢ per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration 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 trip made. r �� 15 99-// �� 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the empioyee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one ( 1) year. ARTICLE 28. MATERNITY LEAVE ARTICLE 29. REQU(RED TRAINING 29.1 If the District requires and in writing directs an empioyee to attend specified training or educational classes outside the normai workday, the employee shall be paid for the hours actualiy spent in attendance at such classes, at the basic hourly pay rate. The employee will be required to provide verification of actual attendance and satisfaciory completian of the training unit, or series. Training taken at the employee's option will not qualify for pay under this provision. �� � J s �� ,6 97-i�� 7 ARTICLE 30. DURATION AND PLEDGE � 30.1 This Agreement shall become effective as of May 1, 1997, and shail remain in effect through the 3oth 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 30.2. 30.2 If either party desires to terminate or modify this Agreement effective as of the date of ezpiration, the party wishing to modify or terminate the Agreement shail 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. 30.3 In consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the emQloyees will not engage in, instigate or co�done any concerted action in which employeesfail to report for duty, willfully absent themselves from work, stop wo�k, slow down their work o r absent themselves in whole or part from the full, faithful performance of their duties of empfoyment. 30.3.2 The Employer will not engage in, instigate or condone any lockout of empfoyees. 30.3.3 This constitutes a tentative Agreement between the parties which w i I I � be recommended by the Negotiations/Labor Relations Manager, bui is subject to the approval of the Board of Education and is also subject to ratification by the Union. 1'he parties agree and attest that this Agreement represents the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Empfoyer and the Union. WITNESSES: WDEPENDENT SCHOOL DISTRICT NO. 625 . L� INTERNATIONAL BROTHERHOOD OF EI.ECTRIfdAL WORKERS. LOCAL 110 ��/ Date 17 7/a�1s7 Date 97-//5�� � Appendices � n U 97-ii�� APPENDIX A The classes of positions recognized as being exclusively represented by the Union � are as foftows: General Lead Electrician Lead Electrician Master Eiectrician Master Building Controls Electrician Electrician Building Controls Electrician ` Apprentice Electrician and other classes of positions that may be established by the Employer where the scope of the work duties and responsibiiities assigned comes within fhe jurisdiction of the Union. � � a A1 9�-/��� APPENDIX B � For ali normal work weeks established pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shali apply and govern: 1. All regular electricians employed prior to January 1, 1976, shall be offered assignment to the work week on a seniority basis, and all such employees shall have the right to refuse assignment to the work week. This refusai is subject to the provisions listed below. 2. All regular electricians employed subsequent to January 1, 1976, may be ' assigned to vacancies in this workweek. , 3. All regular electricians shall have the right to bid on and obtain assignment of a position occupied by an electrician with lesser class seniority within thirty (30) calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the work week to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis for more than fifteen (15) workdays or the total temporary assignment to exceed ninety (90) workdays. � � � 'F7i' �7-//�% APPENDIX C Ci. The total hourly cost to the Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the fotlowing amounts: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26/97 $34.36 34.36 36.62 36.62 36.62 37.75 Effective 4/25/98 $35.73 35.73 37.99 37.99 37.99 39.12 C2. The total taxable hourly rate including wages and the vacation contribution 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 and who are not covered by the Employer's benefit package described in Article 12.2 shall be as follows: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26/97 $24.62 24.62 26.72 26.72 26.72 27.78 Effective 4/25/98 ■ � � . � : � LI . L. ' Note: The April 25, 1998, hourly rates in Appendices C-2 shall be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C1 � 97- //�7 r1 U -J APPENDIX C (continued) C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation analysis purposes onlv. These figures represent portion of the Appendix C1 rates above specifically altocated to wages. These rates do NOT include taxable contributions and therefore should NOT be used for taxable payroll calculations. Appendix C2 above for total taxable payroll information. Effective Effective 4/26/97 4/25/98 Electrician $22.38 � Building Control Electrician 22.38 � Lead Electrician 24.29 � Master Electrician 24.29 " the See Master Building Controis - 24 29 * Electrician General Lead Electrician 25.25 " � C3. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the foilowing classes of positions shall be: Electrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective 4/26l97 $25.69 25.69 27.89 27.89 27.89 28.99 Effective 4l25l98 � : � � � : If a temporary employee working in a title listed in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in Ci above. �. General Lead Electrician-In-Charge Premium: For those employees assigned to pertorm the function of General Lead Electrician-In-Charge, including supervising other Lead * Electricians, overseeing projects and providing scheduling and direction, the rate of pay will be equivalent to the applicable rate shown for General Lead Electrician in Appendix C1, C2, C2A or C3. Benefits will be as shown in Appendix D. ` Note: The April 25, 1998, hourly rates in Appendices C-2A and C3 shall be determined at a � later date based on the allocation agreed to by the Employer and the Union of the April 25, 1998, total hourly cost stated in Appendix C-1. C2 ��I�//�7 APPENDIX C (continued) C4. The basic hourly wage rates for the Apprentice class of positions: Apprentice Electrician hired on or after May 1, t984: 1 si 2nd 3rd 4th 5th 6th 7th Sth C5. Generalltems 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 950 hours 48% 48°/a 55% 60% 70% 75% 80% 85% of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Journeyman of Joumeyman rate rate rate rate rate rate rate 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 C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section Ci . The total cost to the Employer for compensation (wages and fringes) received by employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Association (NECA). In the event Local 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be immediately applicable to the total compensation paid to employees covered by this Agreement. The total package cost shall exclude any costs of payments made for industry promotion and/or advertisement or any other purposes not directly and clearly beneficial to the public employer. Shift Differential For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the entire shift. For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or ending later than 6:00 p.m., but less than five (5) hours of the shift are worked between the hours of 6:00 p.m. and 6:00 a.m., there shall be paid a night differential for the hours worked between the hours of 6:00 p.m. and 6:00 a.m. The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked. i � � C3 9�-ii�7 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 a) For regular employees, 10% of the Appendix C2A wages only rate per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1 b) For temporary employees, 10% of the Appendix C3 rate per hour for all �' hours worked from which ali appropriate payroll deductions have been made to a Union-designated Vacation Fund. y ( 2) $2.52 per hour for all hours worked to a Union-designated Health and Welfare Fund. ( 3) $1.24 per hour for all hours worked to a Union-designated Pension Fund. ( 4) $1.30 per hour for all hours worked to a Union-designated Annuity Fund. ( 5) $1.01 per hour for all hours worked to a Union-designated Reserve Trust Fund. ( 6) $ 1.65 per hour for all hours worked to a Union-designated Flexible . Benefit Fund. ( 7 a) For regular employees, 3% of the Appendix C-2A wages only rate per hour for all hours worked to a Union-designated National Employees Benefit Fund (N.E.B.F.). ( 7 b) For temporary emptoyees, 3% of the Appendix C-3 rate per hour for all hours worked to a Union-designated National Employees Benefit Fund �N.E.B.F.�. ( 8) $.03 per hour for all hours worked to a Union-designated abor Management Cooperative Committee Fund. � ( 9) $.22 per hour for all hours worked to a Union-designated Apprenticeshi� Fund. � r� L_J D1 q�-� i�� APPENDIX D (continued) Effective April 26, 1997, the Empioyer shall forward the amounts designated in this Appendix D for apprentice employees designated in Appendix C4 covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1 a) For apprentices, the following percentages of gross wages shait be forroarded for all hours worked from which ail appropriate payroll deductions have been made to a Union designated Vacation Fund. 1st - 1900 hrs. 7.901 - 3.800 hrs. 3.807 - 5.700 hrs. 5.701 - 7.600 hrs. 5-1/2% 6-1/2% 7-1/2% 9-1/2% ( 2 a) $2.52 per hour shall be forwarded for all hours worked as an apprentice to a Union-designated Health and Welfare Fund. (3a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a union-designated Pension Fund: 1st - 1900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 - 7.600 hrs. $ .29 $ .31 $ .36 $ 1.24 (4a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Annuitv Fund: Ist - 3.800 hrs. 3.807 - 6.650 hrs. 6.651 - 7.600 hrs. $ .60 hr. $ .65 hr. $ 1.30 hr. ( 5 a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Reserve Trust Fund: 1- 1 900 hrs. 1.901 - 3.800 hrs. 3.801 - 5.700 hrs. 5.701 + hrs, $ .31 $ .33 $ .38 $ 1.01 ( 6 a) For apprentices, the following amounts shall be forwarded for all hours worked as an apprentice to a Union designated Flexible Benefit Fund: 1- 1.900 hrs. 7.901 - 3.800 hrs. 3.801 - 5.700 hrs, 5.701 - 6.650 6 651 - 7.600 hrs. $ 29 $ .32 $ .35 $.36 $ 1.65 ( 7 a) 3% of the gross wages shall be forwarded for all hours worked as an apprentice to a Union-designated National Employees Benefit Fund (N.E.B.F.). (8a) $.03 per hour shall be forwarded for all hours worked as an apprentice to a Union-designated Labor Manac�ement Cooperative Committee Fund. (9a) $.22 per hour shall be forwarded for alt hours worked as an apprentice to a Union-designated A�prenticeshio Fund. . � a � D2 97-�i�� APPENDIX D (continued) � For alf empfoyees, the Employer shall make legally estabfished non-negotiated pension contributions for all appropriate employees to PERA. Changes in the mandated PERA rate may change the cafcufated hourly base rate of pay � the Employer's cost does not exceed the amounts listed in C1 above. For all employees, the Employer shall deduct the employee's FICA withholdings as appropriate tsom total taxable wages as required. The Empioyer shall deduct the employee's appropriate Federal and State income tax withholdings, PERA deductions, and any other legally established obligation as required from all rates � established in Appendix C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix Ci. The Appendix D amounts shaii 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, governed by o r accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Councii � Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibilily of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. r � � D3 97-ii�� APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Belt S 6' Rule 9" or 10" Aluminum Leve! 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination of 8ox-Open-End Wrenches 3/8" - 3/4" Socket Set of Equivalent Sizes Cold Chiset and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 4 /20 � Drilis - in Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail ' Hack Saw 12" blade Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashiight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Pliers Diagonal-Cutting Pliers 2 pair Channel Locks Allen Wrenches Hammer, Ball Peen Scratch Awl � Fuse Puller 25' Steel Tape Measure Chalk-Line Plumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hold the above tools The Employer shall furnish all other necessary tools or equipment. Employees will be responsible for tools or equipment issued to them, providing the Employer furnishes the necessary lockers, "gang bo�' or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement claims will be honored only , for acceptable tools checked by the Employer. The Employer shall replace with similar tools of equal value and quality any of # the above-listed tools which are turned in by a regularly appointed employee which are no longer serviceable because of wear or breakage. The Employer shall replace with similar tools of equal value and quality any of the above-listed tools which are turned in by a temporary appointed employee which are no longer serviceable because of wear or breakage providing the employee has been employed for nine (9) continuous months or more. � E1