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97-1197Council File # 91 �'�� Green Sheet #40115 �. -- � . _ _ � Presented by_ / Referred To Committee Date � RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1997 through June 30, 2000 Maintenance Labor Ageement between the City of Saint Paul and International Union of Elevator Constructors Loca19. Requested by Deparhnent oE Office of Labor Relations By: �� Adoption Certified by Council Secretary �Y� �� \^�'�� -- . � Approved by Mayor: Date [ �� l4 � S�" By: PAUL, MINNESOTA Form Approv by City �e B .(� �di -a3-9 Approv by ub i i n to Council By: Adopted by Council: Date ��'� g'�`q9 � DEPARTMEAT/OPF7CE/COUNCIL: DATE INITIATED GREEN SHEET N0.' 4OIIS �`_\�� 1 LABOR RELATIONS 9/23/97 ' CONTACI PERSON & PHOA"E: IN177AIJDATE WITfAi/nA7'E JLTLIE KRAUS 266-6513 p�IGN 1 DEPARTMENI D �� 4 CTfY COUNCII. NU�YffiER 2 CITY ATTORNEY Z; 'J CTCY CLERK MUST BE ON COUNCII. AGEh"DA BY (DATE) FOR BUUGET DIR. R FIN. & MGT. SERVICE DIR ROUTA'G 3 MAYOR (OR ASST.) > O �� y � , ORDER TOTAL # OF SIGNAI'ORE PAGES_7 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnoN xEQUESrEn: This resolution approves the attached July 1, 1997 through June 30, 2000 Maintenance Labor Agreement between the City of Saint Paui and Intemational Union of Elevator Constructors, Loca19. RECOhIIvfENDA11DN5: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON7RACI'S MUST ANSW EA THE FOLLOWING QUESTIONS: _PLANNING CONA-IISSION _CML. SERVICE COMIvIISSION 1. Aas this pecsoNfirtn ever worked mder a conuact for this departrnent? _CIB COMMI7"tE£ Yes No STAFF 2. Hac this person/fim� ever been a ciry employee? DISTRIC7'COURT Yes No SUPPORTS WI-IICH COIJNCIL OBJECTTVE? 3. Dces [his person/firtn possess a skill not normalty possessed by any cu�rent city employee? Yes No Ezplain all yes answers on separate s6eet and attach to green sheet INI'fL1TING PROBLEM, ISSUE, OPPORTUNI7S' (Who, What� When, Where, W6y): ADVANTAGESIFAPPROVED: DISADVANTAGESIFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOi71VT OF TRANSACTION: COS7'/REVEN[JE BUDGETED: FI7NDING SOURCE: AC'fIV1TY NUMBER: FINANCIAL INFORMATIQN: (EXPLAII� ATTACFIMENT TO GREEN SHEET �� +"� ` Below represents the changes for the 1997-2000 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Elevator Constructors, L.oca19. Waees The City agreed to the prevailing wage rate. The Union wished to set up a plan which would allow for them to get paid for holidays and vacation hours. They agreed to prorate their base pay to accomplish that goal. Vacation Changes were made ensuring the use of vacation. F:�I,ABREUCONI'AACI�ELEVATOR\I99TATTACH97 � � � � = � � �l Fl ;�`�'�� _� � �-� �. - � - � _ " � � JUI.Y �,:1997,THROUGH.TU�TE 3Q,.20UQ _=: = `1VIAIl�1'TENANCE I.AB�R AGREEI4I�NT , � , -� � " �._ �� - betw�en � � , ` , -- , , - � , � - , _ _„ „ <� � � � : - $ � ; ` - � , T�; �zT� aF s�r p�� ;; � and �' � ' - k l g _ -� .. .. L�� ' _ . ELE�A,TOR �QN�TRi�C'�E}�S, °� i,QC�..9 , � �_ � � - � - � . _ .. -� _ _ _. . � 9� � INDEX ARTICLE TITLE PAGE Preambie ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 HoursofWork ....................................3 8 Overtime ........................................4 9 Call InlCall Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Wages ..........................................5 12 Holidays .........................................6 13 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 � 14 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Tools ...........................................9 19 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Nondiscrimination ................................. 12 22 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Waiver .........................................12 2G City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A .......................................A1 Appendix B .......................................B1 Append'utC .......................................Cl Append'ucD .......................................Di C � i �7-1197 � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, I.oca19, hereinafter referred to as the Union. The Emgloyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Pau1 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 C � J responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. ii 97��.i97 • ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safery and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; i.l(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY). . ARTICLE 2 - RECOGNTTION 2.1 The Employer recognizes the Union as the exclusive representative for coilective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, 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 detemune the number of personnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain wit2� the Employer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - iTNION 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 shaIl not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shail indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the nnplementation of trus Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such empioyee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shali be pernutted to enter the facilities of the Employer where employees covered hy this Agreement are working. ARTICLE 5- SCOPE OF TFIE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � �J _2_ . ARTIC�E 6 - PROBATIO:�ARY PERI0�3S �7 � 6.1 All personnei, originaliy hired or rehired foliowing separation, in a regulaz employment status sha12 serve a six (6) month probationary period during which time the empioyee's fimess and abiliry to perform the position's duties and responsibilities shall be evaluated. 6.1(i) At any time during the probationary period an employee may be terminated at the discretion of the Empioyer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the probationary period shail receive a written notice of the reason(s) for such termination, a copy of which shali be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and abiliry to perform the position's duties and responsibilities shail be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Articie 19 (GRIEVANCE • PROCEDURE). 6.2(2) An empioyee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8} consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normai wark week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediatety to establish the conditions of such shifts and/or work weeks. • -3- ARTICLE 7- HOURS OF WORK (Continued) 7.4 This section shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME � 8.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even • though shown on the time card, unless the required advance approvai has been obtained. 8.2 The overtune rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.3 The overtime rate of two (2) times the basic hourly rate shail be paid for work performed under the following circumstances: 83(1) Time worked on a holiday as defined in Article 12 (FIOLIDAYS); 83(2) Time worked on a seventh (7th) day foIlowing a nomial work week; and 83(3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shail be compensated at the rate of one and one-half (1.5). -4- • � � J ARTICLE 8 - OVERTIlI�E (Continued) y7y �197 8.4 For the purposes of calculatin� overtime cenpezation, overtime hours worked cha11 not be "p}°ranided," or compounded. Emplcyees sha11 not be paid tw�ice for li'�e szme hours worked. 8.5 Ovenime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back emp]oyees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourIy rate or shall be compensated in accordance with Article 8 (OVERTIME), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to the"u normal work day shall complete the normal work day and be compensated only for overtune hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Empioyer supervisor. During the norma] work day employees may be assigned to other work locations at the discretion of the Employer. CJ ARTICLE 11 - WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. 11.2 Temporary employees shail be compensated in accordance with Paragraph A and B of Appendix C. 11.3 Ail regular and provisional employees shall be compensated in accordance with Paragraph C of Appendix C. 1 I.4 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. -5- ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Year's Day, January i Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 I,abor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays are designated as paid holidays: New Year's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.3 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the fo2Iowing Monday shaIl be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (IO) ho2idays tisted in 12.1 above shatl be considered non-work days. 12.5 If, in the judgment of the Employer, personnel are necessary, ernp2oyees may be scheduled, "cailed in" or "caIled back" in accordance with Article 4(CALL IN/CALL BACK). 12.6 Employees assigned to work on Martin Lnther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. n LJ � 12.'7 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day afrer Thanksgiving or Chrisimas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. � � ARTICLE 13 - DISCIPLINARY PROCEDL'RES y 7 �� 9 7 • 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 13.2 Disc:plinary actions by the Emplo}�er s; all inciude only t'r�e following actions: 13.2(1) Oralreprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Discharge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 14.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. � ARTICLE 15 - SE1vIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(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 titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was fust appointed to a class tide covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to allow an empIoyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed fui]-time position with the Union. • � ARTICLE 15 - SENIORII`Y (Continued) 15.3 3eniority shall terminate when an employee retires, resigns, or is discharged. 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wili be laid off by class iitle within each departmeni based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in their Degartment to any previously held lower-paid class title in this bargaining uuit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shail be made by class tide based on length of "Class Seniority," subject to the approval of the Employer. ARTICLE 16 - JUKISDICTION ib.l Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. ❑ 16.3 In the event of a dispute concerning the performance or assignment of tivork, the unions � invoived and the Employer shalt meet as soon as mutuaIly possible to resoive the dispute. Nottung in the foregoing shalt 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. 16.4 Any employee refusing Lo perform work assigned by the Employer and as clarified by Sections 16.2 and 16.3 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. -8- • �7r ��97 � � ARTICLE 17 - SEPARATION 17.1 Employees having a probationary or regular employment status shall be considered SeT�d'2:�� from enp i0;'I:2Ri b3Sed OII L�IE f0110R'lii� 2CilORS: 1�.1�1� 17.1(2) 17.1(3) Resignation. Empioyees resigning from employment shall give written notice fourteen (14} calendar days prior to the effective date of the resignation. Discharge. As provided in Article 13. Failure to Report for Duty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 18 - TOOLS 18.1 Ail employees shall personaliy provide themseives with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize the steward selected in accordance with Union rules and regulations as the grievance representative of the barganung unit. The Union shail notify the Employer in writing of the name of the steward and of his/her successor when so named. • 19.2 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shai] therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be deuunental to the work programs of the Bmployer. 19.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of trus Agreement. � ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � 19.4 Grievances shall be resolved in conformance with the following grocedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved shail attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facu 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 shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the . Union within seven (7) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the 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 shali be considered waived. Step 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/her designated representative and attempi to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � -10- � ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � 7 �' �� 9 7 Step 4. If the grievance remains unresolved, within seven (7) calendar days after fhe response ef thz iP.'.yIOV?r in Step 3, the U_nion rciay, by w�ritten notice to the Employer, request arbitration of the grievance. The arbitration proceedings shail be conducted by an arbitrator to be selected by mutual agreement of rhe Employer and the Union within seven (7) calendar days after notice has been given. If the panies fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panei of five (5) arbitrators. Both the Employer and the Union shall have the right to suike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wiIl be repeated and the remaining person shall be the azbitrator. • 19.5 The arbivator shali have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shali consider and decide only the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other issue noi so 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 iaws, rules, or regulations having the force and effect of law. The arbivator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or appiication of the express terms of this Agreement and to facu of the grievance presented. The decision of the arbitrator shall be final and binding on the Empioyer, the Union and the employees. 19.6 The fees and expenses for the arbitrator`s services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating iu own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. • 19.7 The tune lunits in each step of this procedure may be extended by mutual agreement of the Emp]oyer and the Union. -11- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 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 t6e work force covered by this Agreemeni, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 20.2 The subconiracting 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 22 - NONDISCRIlVIINATION 2i. i The terms and conditions of this Agreement wiIl be applied to employees equally without regard to, or discrimination for or against, any individual because of race, coIor, creed, sex, age, disabIIity, or because of inembership or nonmembership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai public. ARTICLE 22 - SEVERA.BILITY 22,1 In the event that any provision of this Agreement is declared to be conuary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 22.2 The parties agree to, upon written notice, enter into negotiauons to place the voided provisions of the Agreement in compliance with the legisiative, administrative, or judicial detemunation. ARTICLE 23 - WAIVER 23.1 The Employer and the Union acknowledge that during ihe meeting and negotiating which resuited in this Agreement, each had the right and oppor[unity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in 8us Agreement. � � 12 • 97��197 • ARTICLE 23 - WAIVER (Continued) 23.2 T'herefore, the Employer and the Union, for the duration of tFtis Agreement, agree that the otner part}� shall not be obligated to neet and negotiate over any term or condi*ion of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 23.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the ternvs and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 24 - CTTY MII,EAGE 24.1 Automobile Reimbursement Author'ized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of iheir own automobiles in the performance of their duties, the following provisions are adopted. 24.2 Method of Computation: To be eligible for such reimbursement, ali o�cers and employees must receive written authorization from the Department Head. • Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during empioyment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reunbursed $.20 per mile for each mile actuaily driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is availabie for the employee's use but the employee desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shaIl not be eligible for any per diem. • -13- ARTICLE 24 - CI'1'I' MII,EAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative determines that an emptoyer vehicIe is avaflable for the employee's use but the emp2oyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shatl not be eligible for any per diem. This Article 24.2 shall become effective on the first day of the fust month following the date of the signing of this Agreement. � 243 The Ciry will provide parking at the Civic Center Parking Ramp for City employees who are required to have their personal caz available for City business. Such parking wiil be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shal] adopt rules and regulations governing the • procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly a�davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile tiability insurance in amounts of not less than $100,000/$300,000 for personai injury, and $25,000 for properry damage, or liabiliry insurance in amounts not less than $300,000 single Iimit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, sha21 be maintained on file with the City Clerk. -14- • ARTICLE 25 - DURATION AND PLEDGE `�7�x197 • 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through 7une of 200�, and continue in effect from year to year thereafter unless nouce to change or to tenninate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expirafion, the parry wishing to modify or ternunate the Agreement shall give written notice to the other party, not more than ninety (90) or less tban 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. 253 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment � 25.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 25.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. • s Agreed to this2��' day of September, 1997 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. _ 1F;lyY�i�1.Y.9:7.� CITY OF SAINT PAUL INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 JV Mary H. I arney Bernie Carey Director of Labor Relations Business Manager -15- APPENDIX A y7� 1197 • The classes recognized by the Employer as being exclusively Represented by the Union are as follows: Elevator Inspector and other classes that may be established by the Employer where the duties and responsibilities assigned are detemrined by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. • C � J - A1 - APPENDIX B All necessary hand toois. • CJ C� �37��.97 : n U L� APPENDIX C �? -1197 A. The basic hourly wage for temporary employees appointed to the following ciass shail be: Effective Elevator Inspectot o7/QSl97 lst Step $33.�7 2nd Step $36.44 Effective 11lO1(97 (oi closest payroll period) $26.95* $30.32* * This rate includes an 8% taicable Vacation Contribution. B. The basic hourly wage for temporary empioyees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be: Elevator Inspector lst Step 2nd Step Effective Effective Effective 7/ /97 1/ 1/ 7 1/ 1 8 (or closest payroll periods) $31.65 $25.79* $25.62* $34.87 $29.02* $28.82* * This rate includes an 8% taYable Vacation Contribution. C. The basic hourly rate for provisional, regular and probationary employees appointed to the following class shali be: Elevator Inspector Effective Effective Effective 07/OS/97 11/O1/97 /Q1 01/9g (or closest payroll periods) 1stStep $31.65 $23.52** $23.36** 2nd Step $34.87 $26.46** $26.28** C� ** This rate includes an 8% t�able Vacation Conuibution in addition to 24 hours of paid holidays (see Article 122 for further information) and 160 hours of paid vacation per fiscai year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. - Cl - - � APPENDIX C(Continued} y 7 --119 7 The Empioyer shall establish Workers' Compensation and Unemployment Compensation • programs as required by Minnesota Statutes. The wage rate for the tide of Elevator Inspector shall consist of two steps. The first step shall be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the entry level. If the Union elecu to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The rates listed efFecuve January 1, 1998 show this change. EfFective 7uly 4, 1998, there will be an additional $1.25 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.25 between wages and fringes. Effective July 3, 1999, there wili be an additional $1.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.15 between wages and fringes. . � -c2- APPENDIX D y 7� 1� 9 7 Effective November 1, 1997 (or ciosest payroll period), the Employer shail: � (1) contribute to a Welfare Fund $3.845 per hour for all hours worked by participating employees as defined in Articles 123, 12.4 and 12.5 of this Agreement. (2) contribute to a Pension Fund $2.19 per hour for all hours worked by participating employees, as defined above. (3) conuibute to the Educational F�nd $0.085 per hour for all hours worked by participating employees, as defined above. The Employer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All conuibutions and deductions made in accordance with this Appendix shail be forwarded to depositories as directed by the Union. The Employer shall estabiish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. � The Employer's fringe benefit obligation to employees is limited to the contributions andlor deductions established by this Agreement. The actual levei of benefits provided to emgloyees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � - Dl - Council File # 91 �'�� Green Sheet #40115 �. -- � . _ _ � Presented by_ / Referred To Committee Date � RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1997 through June 30, 2000 Maintenance Labor Ageement between the City of Saint Paul and International Union of Elevator Constructors Loca19. Requested by Deparhnent oE Office of Labor Relations By: �� Adoption Certified by Council Secretary �Y� �� \^�'�� -- . � Approved by Mayor: Date [ �� l4 � S�" By: PAUL, MINNESOTA Form Approv by City �e B .(� �di -a3-9 Approv by ub i i n to Council By: Adopted by Council: Date ��'� g'�`q9 � DEPARTMEAT/OPF7CE/COUNCIL: DATE INITIATED GREEN SHEET N0.' 4OIIS �`_\�� 1 LABOR RELATIONS 9/23/97 ' CONTACI PERSON & PHOA"E: IN177AIJDATE WITfAi/nA7'E JLTLIE KRAUS 266-6513 p�IGN 1 DEPARTMENI D �� 4 CTfY COUNCII. NU�YffiER 2 CITY ATTORNEY Z; 'J CTCY CLERK MUST BE ON COUNCII. AGEh"DA BY (DATE) FOR BUUGET DIR. R FIN. & MGT. SERVICE DIR ROUTA'G 3 MAYOR (OR ASST.) > O �� y � , ORDER TOTAL # OF SIGNAI'ORE PAGES_7 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnoN xEQUESrEn: This resolution approves the attached July 1, 1997 through June 30, 2000 Maintenance Labor Agreement between the City of Saint Paui and Intemational Union of Elevator Constructors, Loca19. RECOhIIvfENDA11DN5: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON7RACI'S MUST ANSW EA THE FOLLOWING QUESTIONS: _PLANNING CONA-IISSION _CML. SERVICE COMIvIISSION 1. Aas this pecsoNfirtn ever worked mder a conuact for this departrnent? _CIB COMMI7"tE£ Yes No STAFF 2. Hac this person/fim� ever been a ciry employee? DISTRIC7'COURT Yes No SUPPORTS WI-IICH COIJNCIL OBJECTTVE? 3. Dces [his person/firtn possess a skill not normalty possessed by any cu�rent city employee? Yes No Ezplain all yes answers on separate s6eet and attach to green sheet INI'fL1TING PROBLEM, ISSUE, OPPORTUNI7S' (Who, What� When, Where, W6y): ADVANTAGESIFAPPROVED: DISADVANTAGESIFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOi71VT OF TRANSACTION: COS7'/REVEN[JE BUDGETED: FI7NDING SOURCE: AC'fIV1TY NUMBER: FINANCIAL INFORMATIQN: (EXPLAII� ATTACFIMENT TO GREEN SHEET �� +"� ` Below represents the changes for the 1997-2000 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Elevator Constructors, L.oca19. Waees The City agreed to the prevailing wage rate. The Union wished to set up a plan which would allow for them to get paid for holidays and vacation hours. They agreed to prorate their base pay to accomplish that goal. Vacation Changes were made ensuring the use of vacation. F:�I,ABREUCONI'AACI�ELEVATOR\I99TATTACH97 � � � � = � � �l Fl ;�`�'�� _� � �-� �. - � - � _ " � � JUI.Y �,:1997,THROUGH.TU�TE 3Q,.20UQ _=: = `1VIAIl�1'TENANCE I.AB�R AGREEI4I�NT , � , -� � " �._ �� - betw�en � � , ` , -- , , - � , � - , _ _„ „ <� � � � : - $ � ; ` - � , T�; �zT� aF s�r p�� ;; � and �' � ' - k l g _ -� .. .. L�� ' _ . ELE�A,TOR �QN�TRi�C'�E}�S, °� i,QC�..9 , � �_ � � - � - � . _ .. -� _ _ _. . � 9� � INDEX ARTICLE TITLE PAGE Preambie ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 HoursofWork ....................................3 8 Overtime ........................................4 9 Call InlCall Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Wages ..........................................5 12 Holidays .........................................6 13 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 � 14 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Tools ...........................................9 19 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Nondiscrimination ................................. 12 22 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Waiver .........................................12 2G City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A .......................................A1 Appendix B .......................................B1 Append'utC .......................................Cl Append'ucD .......................................Di C � i �7-1197 � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, I.oca19, hereinafter referred to as the Union. The Emgloyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Pau1 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 C � J responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. ii 97��.i97 • ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safery and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; i.l(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY). . ARTICLE 2 - RECOGNTTION 2.1 The Employer recognizes the Union as the exclusive representative for coilective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, 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 detemune the number of personnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain wit2� the Employer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - iTNION 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 shaIl not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shail indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the nnplementation of trus Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such empioyee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shali be pernutted to enter the facilities of the Employer where employees covered hy this Agreement are working. ARTICLE 5- SCOPE OF TFIE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � �J _2_ . ARTIC�E 6 - PROBATIO:�ARY PERI0�3S �7 � 6.1 All personnei, originaliy hired or rehired foliowing separation, in a regulaz employment status sha12 serve a six (6) month probationary period during which time the empioyee's fimess and abiliry to perform the position's duties and responsibilities shall be evaluated. 6.1(i) At any time during the probationary period an employee may be terminated at the discretion of the Empioyer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the probationary period shail receive a written notice of the reason(s) for such termination, a copy of which shali be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and abiliry to perform the position's duties and responsibilities shail be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Articie 19 (GRIEVANCE • PROCEDURE). 6.2(2) An empioyee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8} consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normai wark week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediatety to establish the conditions of such shifts and/or work weeks. • -3- ARTICLE 7- HOURS OF WORK (Continued) 7.4 This section shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME � 8.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even • though shown on the time card, unless the required advance approvai has been obtained. 8.2 The overtune rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.3 The overtime rate of two (2) times the basic hourly rate shail be paid for work performed under the following circumstances: 83(1) Time worked on a holiday as defined in Article 12 (FIOLIDAYS); 83(2) Time worked on a seventh (7th) day foIlowing a nomial work week; and 83(3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shail be compensated at the rate of one and one-half (1.5). -4- • � � J ARTICLE 8 - OVERTIlI�E (Continued) y7y �197 8.4 For the purposes of calculatin� overtime cenpezation, overtime hours worked cha11 not be "p}°ranided," or compounded. Emplcyees sha11 not be paid tw�ice for li'�e szme hours worked. 8.5 Ovenime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back emp]oyees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourIy rate or shall be compensated in accordance with Article 8 (OVERTIME), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to the"u normal work day shall complete the normal work day and be compensated only for overtune hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Empioyer supervisor. During the norma] work day employees may be assigned to other work locations at the discretion of the Employer. CJ ARTICLE 11 - WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. 11.2 Temporary employees shail be compensated in accordance with Paragraph A and B of Appendix C. 11.3 Ail regular and provisional employees shall be compensated in accordance with Paragraph C of Appendix C. 1 I.4 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. -5- ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Year's Day, January i Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 I,abor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays are designated as paid holidays: New Year's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.3 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the fo2Iowing Monday shaIl be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (IO) ho2idays tisted in 12.1 above shatl be considered non-work days. 12.5 If, in the judgment of the Employer, personnel are necessary, ernp2oyees may be scheduled, "cailed in" or "caIled back" in accordance with Article 4(CALL IN/CALL BACK). 12.6 Employees assigned to work on Martin Lnther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. n LJ � 12.'7 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day afrer Thanksgiving or Chrisimas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. � � ARTICLE 13 - DISCIPLINARY PROCEDL'RES y 7 �� 9 7 • 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 13.2 Disc:plinary actions by the Emplo}�er s; all inciude only t'r�e following actions: 13.2(1) Oralreprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Discharge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 14.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. � ARTICLE 15 - SE1vIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(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 titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was fust appointed to a class tide covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to allow an empIoyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed fui]-time position with the Union. • � ARTICLE 15 - SENIORII`Y (Continued) 15.3 3eniority shall terminate when an employee retires, resigns, or is discharged. 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wili be laid off by class iitle within each departmeni based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in their Degartment to any previously held lower-paid class title in this bargaining uuit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shail be made by class tide based on length of "Class Seniority," subject to the approval of the Employer. ARTICLE 16 - JUKISDICTION ib.l Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. ❑ 16.3 In the event of a dispute concerning the performance or assignment of tivork, the unions � invoived and the Employer shalt meet as soon as mutuaIly possible to resoive the dispute. Nottung in the foregoing shalt 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. 16.4 Any employee refusing Lo perform work assigned by the Employer and as clarified by Sections 16.2 and 16.3 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. -8- • �7r ��97 � � ARTICLE 17 - SEPARATION 17.1 Employees having a probationary or regular employment status shall be considered SeT�d'2:�� from enp i0;'I:2Ri b3Sed OII L�IE f0110R'lii� 2CilORS: 1�.1�1� 17.1(2) 17.1(3) Resignation. Empioyees resigning from employment shall give written notice fourteen (14} calendar days prior to the effective date of the resignation. Discharge. As provided in Article 13. Failure to Report for Duty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 18 - TOOLS 18.1 Ail employees shall personaliy provide themseives with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize the steward selected in accordance with Union rules and regulations as the grievance representative of the barganung unit. The Union shail notify the Employer in writing of the name of the steward and of his/her successor when so named. • 19.2 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shai] therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be deuunental to the work programs of the Bmployer. 19.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of trus Agreement. � ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � 19.4 Grievances shall be resolved in conformance with the following grocedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved shail attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facu 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 shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the . Union within seven (7) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the 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 shali be considered waived. Step 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/her designated representative and attempi to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � -10- � ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � 7 �' �� 9 7 Step 4. If the grievance remains unresolved, within seven (7) calendar days after fhe response ef thz iP.'.yIOV?r in Step 3, the U_nion rciay, by w�ritten notice to the Employer, request arbitration of the grievance. The arbitration proceedings shail be conducted by an arbitrator to be selected by mutual agreement of rhe Employer and the Union within seven (7) calendar days after notice has been given. If the panies fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panei of five (5) arbitrators. Both the Employer and the Union shall have the right to suike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wiIl be repeated and the remaining person shall be the azbitrator. • 19.5 The arbivator shali have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shali consider and decide only the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other issue noi so 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 iaws, rules, or regulations having the force and effect of law. The arbivator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or appiication of the express terms of this Agreement and to facu of the grievance presented. The decision of the arbitrator shall be final and binding on the Empioyer, the Union and the employees. 19.6 The fees and expenses for the arbitrator`s services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating iu own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. • 19.7 The tune lunits in each step of this procedure may be extended by mutual agreement of the Emp]oyer and the Union. -11- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 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 t6e work force covered by this Agreemeni, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 20.2 The subconiracting 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 22 - NONDISCRIlVIINATION 2i. i The terms and conditions of this Agreement wiIl be applied to employees equally without regard to, or discrimination for or against, any individual because of race, coIor, creed, sex, age, disabIIity, or because of inembership or nonmembership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai public. ARTICLE 22 - SEVERA.BILITY 22,1 In the event that any provision of this Agreement is declared to be conuary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 22.2 The parties agree to, upon written notice, enter into negotiauons to place the voided provisions of the Agreement in compliance with the legisiative, administrative, or judicial detemunation. ARTICLE 23 - WAIVER 23.1 The Employer and the Union acknowledge that during ihe meeting and negotiating which resuited in this Agreement, each had the right and oppor[unity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in 8us Agreement. � � 12 • 97��197 • ARTICLE 23 - WAIVER (Continued) 23.2 T'herefore, the Employer and the Union, for the duration of tFtis Agreement, agree that the otner part}� shall not be obligated to neet and negotiate over any term or condi*ion of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 23.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the ternvs and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 24 - CTTY MII,EAGE 24.1 Automobile Reimbursement Author'ized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of iheir own automobiles in the performance of their duties, the following provisions are adopted. 24.2 Method of Computation: To be eligible for such reimbursement, ali o�cers and employees must receive written authorization from the Department Head. • Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during empioyment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reunbursed $.20 per mile for each mile actuaily driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is availabie for the employee's use but the employee desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shaIl not be eligible for any per diem. • -13- ARTICLE 24 - CI'1'I' MII,EAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative determines that an emptoyer vehicIe is avaflable for the employee's use but the emp2oyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shatl not be eligible for any per diem. This Article 24.2 shall become effective on the first day of the fust month following the date of the signing of this Agreement. � 243 The Ciry will provide parking at the Civic Center Parking Ramp for City employees who are required to have their personal caz available for City business. Such parking wiil be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shal] adopt rules and regulations governing the • procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly a�davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile tiability insurance in amounts of not less than $100,000/$300,000 for personai injury, and $25,000 for properry damage, or liabiliry insurance in amounts not less than $300,000 single Iimit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, sha21 be maintained on file with the City Clerk. -14- • ARTICLE 25 - DURATION AND PLEDGE `�7�x197 • 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through 7une of 200�, and continue in effect from year to year thereafter unless nouce to change or to tenninate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expirafion, the parry wishing to modify or ternunate the Agreement shall give written notice to the other party, not more than ninety (90) or less tban 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. 253 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment � 25.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 25.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. • s Agreed to this2��' day of September, 1997 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. _ 1F;lyY�i�1.Y.9:7.� CITY OF SAINT PAUL INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 JV Mary H. I arney Bernie Carey Director of Labor Relations Business Manager -15- APPENDIX A y7� 1197 • The classes recognized by the Employer as being exclusively Represented by the Union are as follows: Elevator Inspector and other classes that may be established by the Employer where the duties and responsibilities assigned are detemrined by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. • C � J - A1 - APPENDIX B All necessary hand toois. • CJ C� �37��.97 : n U L� APPENDIX C �? -1197 A. The basic hourly wage for temporary employees appointed to the following ciass shail be: Effective Elevator Inspectot o7/QSl97 lst Step $33.�7 2nd Step $36.44 Effective 11lO1(97 (oi closest payroll period) $26.95* $30.32* * This rate includes an 8% taicable Vacation Contribution. B. The basic hourly wage for temporary empioyees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be: Elevator Inspector lst Step 2nd Step Effective Effective Effective 7/ /97 1/ 1/ 7 1/ 1 8 (or closest payroll periods) $31.65 $25.79* $25.62* $34.87 $29.02* $28.82* * This rate includes an 8% taYable Vacation Contribution. C. The basic hourly rate for provisional, regular and probationary employees appointed to the following class shali be: Elevator Inspector Effective Effective Effective 07/OS/97 11/O1/97 /Q1 01/9g (or closest payroll periods) 1stStep $31.65 $23.52** $23.36** 2nd Step $34.87 $26.46** $26.28** C� ** This rate includes an 8% t�able Vacation Conuibution in addition to 24 hours of paid holidays (see Article 122 for further information) and 160 hours of paid vacation per fiscai year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. - Cl - - � APPENDIX C(Continued} y 7 --119 7 The Empioyer shall establish Workers' Compensation and Unemployment Compensation • programs as required by Minnesota Statutes. The wage rate for the tide of Elevator Inspector shall consist of two steps. The first step shall be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the entry level. If the Union elecu to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The rates listed efFecuve January 1, 1998 show this change. EfFective 7uly 4, 1998, there will be an additional $1.25 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.25 between wages and fringes. Effective July 3, 1999, there wili be an additional $1.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.15 between wages and fringes. . � -c2- APPENDIX D y 7� 1� 9 7 Effective November 1, 1997 (or ciosest payroll period), the Employer shail: � (1) contribute to a Welfare Fund $3.845 per hour for all hours worked by participating employees as defined in Articles 123, 12.4 and 12.5 of this Agreement. (2) contribute to a Pension Fund $2.19 per hour for all hours worked by participating employees, as defined above. (3) conuibute to the Educational F�nd $0.085 per hour for all hours worked by participating employees, as defined above. The Employer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All conuibutions and deductions made in accordance with this Appendix shail be forwarded to depositories as directed by the Union. The Employer shall estabiish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. � The Employer's fringe benefit obligation to employees is limited to the contributions andlor deductions established by this Agreement. The actual levei of benefits provided to emgloyees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � - Dl - Council File # 91 �'�� Green Sheet #40115 �. -- � . _ _ � Presented by_ / Referred To Committee Date � RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1997 through June 30, 2000 Maintenance Labor Ageement between the City of Saint Paul and International Union of Elevator Constructors Loca19. Requested by Deparhnent oE Office of Labor Relations By: �� Adoption Certified by Council Secretary �Y� �� \^�'�� -- . � Approved by Mayor: Date [ �� l4 � S�" By: PAUL, MINNESOTA Form Approv by City �e B .(� �di -a3-9 Approv by ub i i n to Council By: Adopted by Council: Date ��'� g'�`q9 � DEPARTMEAT/OPF7CE/COUNCIL: DATE INITIATED GREEN SHEET N0.' 4OIIS �`_\�� 1 LABOR RELATIONS 9/23/97 ' CONTACI PERSON & PHOA"E: IN177AIJDATE WITfAi/nA7'E JLTLIE KRAUS 266-6513 p�IGN 1 DEPARTMENI D �� 4 CTfY COUNCII. NU�YffiER 2 CITY ATTORNEY Z; 'J CTCY CLERK MUST BE ON COUNCII. AGEh"DA BY (DATE) FOR BUUGET DIR. R FIN. & MGT. SERVICE DIR ROUTA'G 3 MAYOR (OR ASST.) > O �� y � , ORDER TOTAL # OF SIGNAI'ORE PAGES_7 (CLIP ALL LOCATIONS FOR SIGNATURE) ncnoN xEQUESrEn: This resolution approves the attached July 1, 1997 through June 30, 2000 Maintenance Labor Agreement between the City of Saint Paui and Intemational Union of Elevator Constructors, Loca19. RECOhIIvfENDA11DN5: Approve (A) or Rejec[ (R) PERSONAL SERVICE CON7RACI'S MUST ANSW EA THE FOLLOWING QUESTIONS: _PLANNING CONA-IISSION _CML. SERVICE COMIvIISSION 1. Aas this pecsoNfirtn ever worked mder a conuact for this departrnent? _CIB COMMI7"tE£ Yes No STAFF 2. Hac this person/fim� ever been a ciry employee? DISTRIC7'COURT Yes No SUPPORTS WI-IICH COIJNCIL OBJECTTVE? 3. Dces [his person/firtn possess a skill not normalty possessed by any cu�rent city employee? Yes No Ezplain all yes answers on separate s6eet and attach to green sheet INI'fL1TING PROBLEM, ISSUE, OPPORTUNI7S' (Who, What� When, Where, W6y): ADVANTAGESIFAPPROVED: DISADVANTAGESIFAPPROVED: DISADVANTAGES IF NOT APPROVED: TOTAL AMOi71VT OF TRANSACTION: COS7'/REVEN[JE BUDGETED: FI7NDING SOURCE: AC'fIV1TY NUMBER: FINANCIAL INFORMATIQN: (EXPLAII� ATTACFIMENT TO GREEN SHEET �� +"� ` Below represents the changes for the 1997-2000 Maintenance Labor Agreement between the City of Saint Paul and the International Union of Elevator Constructors, L.oca19. Waees The City agreed to the prevailing wage rate. The Union wished to set up a plan which would allow for them to get paid for holidays and vacation hours. They agreed to prorate their base pay to accomplish that goal. Vacation Changes were made ensuring the use of vacation. F:�I,ABREUCONI'AACI�ELEVATOR\I99TATTACH97 � � � � = � � �l Fl ;�`�'�� _� � �-� �. - � - � _ " � � JUI.Y �,:1997,THROUGH.TU�TE 3Q,.20UQ _=: = `1VIAIl�1'TENANCE I.AB�R AGREEI4I�NT , � , -� � " �._ �� - betw�en � � , ` , -- , , - � , � - , _ _„ „ <� � � � : - $ � ; ` - � , T�; �zT� aF s�r p�� ;; � and �' � ' - k l g _ -� .. .. L�� ' _ . ELE�A,TOR �QN�TRi�C'�E}�S, °� i,QC�..9 , � �_ � � - � - � . _ .. -� _ _ _. . � 9� � INDEX ARTICLE TITLE PAGE Preambie ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 7 HoursofWork ....................................3 8 Overtime ........................................4 9 Call InlCall Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Wages ..........................................5 12 Holidays .........................................6 13 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 � 14 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 15 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 16 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 17 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 18 Tools ...........................................9 19 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 21 Nondiscrimination ................................. 12 22 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Waiver .........................................12 2G City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 25 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Appendix A .......................................A1 Appendix B .......................................B1 Append'utC .......................................Cl Append'ucD .......................................Di C � i �7-1197 � PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, I.oca19, hereinafter referred to as the Union. The Emgloyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Pau1 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 C � J responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. ii 97��.i97 • ARTICLE 1 - PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safery and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; i.l(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement to legislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITY). . ARTICLE 2 - RECOGNTTION 2.1 The Employer recognizes the Union as the exclusive representative for coilective bargaining purposes for all personnel having an employment status of regular, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, 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 detemune the number of personnel; and to perform any inherent manageriai function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain wit2� the Employer to eliminate, modify, or establish following written notification to the Union. • -1- ARTICLE 4 - iTNION 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 shaIl not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shail indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the nnplementation of trus Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such empioyee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative, shali be pernutted to enter the facilities of the Employer where employees covered hy this Agreement are working. ARTICLE 5- SCOPE OF TFIE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � �J _2_ . ARTIC�E 6 - PROBATIO:�ARY PERI0�3S �7 � 6.1 All personnei, originaliy hired or rehired foliowing separation, in a regulaz employment status sha12 serve a six (6) month probationary period during which time the empioyee's fimess and abiliry to perform the position's duties and responsibilities shall be evaluated. 6.1(i) At any time during the probationary period an employee may be terminated at the discretion of the Empioyer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated during the probationary period shail receive a written notice of the reason(s) for such termination, a copy of which shali be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and abiliry to perform the position's duties and responsibilities shail be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Articie 19 (GRIEVANCE • PROCEDURE). 6.2(2) An empioyee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8} consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normai wark week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediatety to establish the conditions of such shifts and/or work weeks. • -3- ARTICLE 7- HOURS OF WORK (Continued) 7.4 This section shali not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to call in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME � 8.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even • though shown on the time card, unless the required advance approvai has been obtained. 8.2 The overtune rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.3 The overtime rate of two (2) times the basic hourly rate shail be paid for work performed under the following circumstances: 83(1) Time worked on a holiday as defined in Article 12 (FIOLIDAYS); 83(2) Time worked on a seventh (7th) day foIlowing a nomial work week; and 83(3) Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided, that all "emergency" work required by "Acts of God" shail be compensated at the rate of one and one-half (1.5). -4- • � � J ARTICLE 8 - OVERTIlI�E (Continued) y7y �197 8.4 For the purposes of calculatin� overtime cenpezation, overtime hours worked cha11 not be "p}°ranided," or compounded. Emplcyees sha11 not be paid tw�ice for li'�e szme hours worked. 8.5 Ovenime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back emp]oyees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Employees called in or called back shall receive a minimum of four (4) hours straight time pay at the basic hourIy rate or shall be compensated in accordance with Article 8 (OVERTIME), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to the"u normal work day shall complete the normal work day and be compensated only for overtune hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Empioyer supervisor. During the norma] work day employees may be assigned to other work locations at the discretion of the Employer. CJ ARTICLE 11 - WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for ail hours worked by an employee. 11.2 Temporary employees shail be compensated in accordance with Paragraph A and B of Appendix C. 11.3 Ail regular and provisional employees shall be compensated in accordance with Paragraph C of Appendix C. 1 I.4 The Employer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D. -5- ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Year's Day, January i Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 I,abor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays are designated as paid holidays: New Year's Day, January 1 Memorial Day, last Monday in May Independence Day, July 4 Labor Day, fust Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in November Christmas Day, December 25 12.3 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the fo2Iowing Monday shaIl be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 12.4 The ten (IO) ho2idays tisted in 12.1 above shatl be considered non-work days. 12.5 If, in the judgment of the Employer, personnel are necessary, ernp2oyees may be scheduled, "cailed in" or "caIled back" in accordance with Article 4(CALL IN/CALL BACK). 12.6 Employees assigned to work on Martin Lnther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. n LJ � 12.'7 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day afrer Thanksgiving or Chrisimas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. � � ARTICLE 13 - DISCIPLINARY PROCEDL'RES y 7 �� 9 7 • 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 13.2 Disc:plinary actions by the Emplo}�er s; all inciude only t'r�e following actions: 13.2(1) Oralreprimand 13.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Discharge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 14.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quit" on the part of the employee. � ARTICLE 15 - SE1vIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(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 titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was fust appointed to a class tide covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to allow an empIoyee to accept an appointment to the unclassified service of the Employer or to an elected or appointed fui]-time position with the Union. • � ARTICLE 15 - SENIORII`Y (Continued) 15.3 3eniority shall terminate when an employee retires, resigns, or is discharged. 15.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wili be laid off by class iitle within each departmeni based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in their Degartment to any previously held lower-paid class title in this bargaining uuit, provided the employee has greater "Class Seniority" than the employee being displaced. 15.5 The selection of vacation periods shail be made by class tide based on length of "Class Seniority," subject to the approval of the Employer. ARTICLE 16 - JUKISDICTION ib.l Disputes concerning work jurisdiction between and among unions are recognized as appropriate subjects for determination by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. ❑ 16.3 In the event of a dispute concerning the performance or assignment of tivork, the unions � invoived and the Employer shalt meet as soon as mutuaIly possible to resoive the dispute. Nottung in the foregoing shalt 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. 16.4 Any employee refusing Lo perform work assigned by the Employer and as clarified by Sections 16.2 and 16.3 above shall be subject to disciplinary action as provided in Article 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. -8- • �7r ��97 � � ARTICLE 17 - SEPARATION 17.1 Employees having a probationary or regular employment status shall be considered SeT�d'2:�� from enp i0;'I:2Ri b3Sed OII L�IE f0110R'lii� 2CilORS: 1�.1�1� 17.1(2) 17.1(3) Resignation. Empioyees resigning from employment shall give written notice fourteen (14} calendar days prior to the effective date of the resignation. Discharge. As provided in Article 13. Failure to Report for Duty. As provided in Article 14. 17.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTICLE 18 - TOOLS 18.1 Ail employees shall personaliy provide themseives with the tools of the trade as listed in Appendix B. ARTICLE 19 - GRIEVANCE PROCEDURE 19.1 The Employer shall recognize the steward selected in accordance with Union rules and regulations as the grievance representative of the barganung unit. The Union shail notify the Employer in writing of the name of the steward and of his/her successor when so named. • 19.2 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shai] therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be deuunental to the work programs of the Bmployer. 19.3 The procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of trus Agreement. � ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � 19.4 Grievances shall be resolved in conformance with the following grocedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved shail attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facu 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 shouid have had knowledge of the first occurrence of the event giving rise to the grievance, shail be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the . Union within seven (7) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendaz days following receipt of the 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 shali be considered waived. Step 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/her designated representative and attempi to resolve the grievance. Within seven (7) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � -10- � ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) � 7 �' �� 9 7 Step 4. If the grievance remains unresolved, within seven (7) calendar days after fhe response ef thz iP.'.yIOV?r in Step 3, the U_nion rciay, by w�ritten notice to the Employer, request arbitration of the grievance. The arbitration proceedings shail be conducted by an arbitrator to be selected by mutual agreement of rhe Employer and the Union within seven (7) calendar days after notice has been given. If the panies fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panei of five (5) arbitrators. Both the Employer and the Union shall have the right to suike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process wiIl be repeated and the remaining person shall be the azbitrator. • 19.5 The arbivator shali have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shali consider and decide only the specific issue submitted in writing by the Employer and the Union and shali have no authority to make a decision on any other issue noi so 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 iaws, rules, or regulations having the force and effect of law. The arbivator's decision shall be submitted in writing within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or appiication of the express terms of this Agreement and to facu of the grievance presented. The decision of the arbitrator shall be final and binding on the Empioyer, the Union and the employees. 19.6 The fees and expenses for the arbitrator`s services and proceedings shall be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating iu own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. • 19.7 The tune lunits in each step of this procedure may be extended by mutual agreement of the Emp]oyer and the Union. -11- ARTICLE 20 - RIGHT OF SUBCONTRACT 20.1 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 t6e work force covered by this Agreemeni, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 20.2 The subconiracting 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 22 - NONDISCRIlVIINATION 2i. i The terms and conditions of this Agreement wiIl be applied to employees equally without regard to, or discrimination for or against, any individual because of race, coIor, creed, sex, age, disabIIity, or because of inembership or nonmembership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the generai public. ARTICLE 22 - SEVERA.BILITY 22,1 In the event that any provision of this Agreement is declared to be conuary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 22.2 The parties agree to, upon written notice, enter into negotiauons to place the voided provisions of the Agreement in compliance with the legisiative, administrative, or judicial detemunation. ARTICLE 23 - WAIVER 23.1 The Employer and the Union acknowledge that during ihe meeting and negotiating which resuited in this Agreement, each had the right and oppor[unity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in 8us Agreement. � � 12 • 97��197 • ARTICLE 23 - WAIVER (Continued) 23.2 T'herefore, the Employer and the Union, for the duration of tFtis Agreement, agree that the otner part}� shall not be obligated to neet and negotiate over any term or condi*ion of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutualiy agree to modify any provision of this Agreement. 23.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the ternvs and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 24 - CTTY MII,EAGE 24.1 Automobile Reimbursement Author'ized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of iheir own automobiles in the performance of their duties, the following provisions are adopted. 24.2 Method of Computation: To be eligible for such reimbursement, ali o�cers and employees must receive written authorization from the Department Head. • Type 1. If an employee is required to use his/her own automobile OCCASIONALLY during empioyment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reunbursed $.20 per mile for each mile actuaily driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is availabie for the employee's use but the employee desired to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile for each mile driven and shaIl not be eligible for any per diem. • -13- ARTICLE 24 - CI'1'I' MII,EAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such empioyee is required to drive an automobile during employment and the department head or designated representative determines that an emptoyer vehicIe is avaflable for the employee's use but the emp2oyee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shatl not be eligible for any per diem. This Article 24.2 shall become effective on the first day of the fust month following the date of the signing of this Agreement. � 243 The Ciry will provide parking at the Civic Center Parking Ramp for City employees who are required to have their personal caz available for City business. Such parking wiil be provided only for the days the employee is required to have his or her own personal car available. 24.4 Rules and Regulations: The Mayor shal] adopt rules and regulations governing the • procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly a�davits stating the number of days worked and the number of miles driven, and further require that they maintain automobile tiability insurance in amounts of not less than $100,000/$300,000 for personai injury, and $25,000 for properry damage, or liabiliry insurance in amounts not less than $300,000 single Iimit coverage, with the City of Saint Paul named as an additional insured. These rules and regulations, together with the amendment thereto, sha21 be maintained on file with the City Clerk. -14- • ARTICLE 25 - DURATION AND PLEDGE `�7�x197 • 25.1 This Agreement shall become effective as of the date of signing, except as specifically provided otherwise and shall remain in effect through 7une of 200�, and continue in effect from year to year thereafter unless nouce to change or to tenninate is given in the manner provided in Article 25.2. 25.2 If either party desires to terminate or modify this Agreement, effective as of the date of expirafion, the parry wishing to modify or ternunate the Agreement shall give written notice to the other party, not more than ninety (90) or less tban 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. 253 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 25.3(1) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment � 25.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 25.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. • s Agreed to this2��' day of September, 1997 and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union. _ 1F;lyY�i�1.Y.9:7.� CITY OF SAINT PAUL INTERNATIONAL UNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 JV Mary H. I arney Bernie Carey Director of Labor Relations Business Manager -15- APPENDIX A y7� 1197 • The classes recognized by the Employer as being exclusively Represented by the Union are as follows: Elevator Inspector and other classes that may be established by the Employer where the duties and responsibilities assigned are detemrined by the Bureau of Mediation Services to be appropriately represented by this bargaining unit. • C � J - A1 - APPENDIX B All necessary hand toois. • CJ C� �37��.97 : n U L� APPENDIX C �? -1197 A. The basic hourly wage for temporary employees appointed to the following ciass shail be: Effective Elevator Inspectot o7/QSl97 lst Step $33.�7 2nd Step $36.44 Effective 11lO1(97 (oi closest payroll period) $26.95* $30.32* * This rate includes an 8% taicable Vacation Contribution. B. The basic hourly wage for temporary empioyees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be: Elevator Inspector lst Step 2nd Step Effective Effective Effective 7/ /97 1/ 1/ 7 1/ 1 8 (or closest payroll periods) $31.65 $25.79* $25.62* $34.87 $29.02* $28.82* * This rate includes an 8% taYable Vacation Contribution. C. The basic hourly rate for provisional, regular and probationary employees appointed to the following class shali be: Elevator Inspector Effective Effective Effective 07/OS/97 11/O1/97 /Q1 01/9g (or closest payroll periods) 1stStep $31.65 $23.52** $23.36** 2nd Step $34.87 $26.46** $26.28** C� ** This rate includes an 8% t�able Vacation Conuibution in addition to 24 hours of paid holidays (see Article 122 for further information) and 160 hours of paid vacation per fiscai year. Vacation carry over shall be paid in accordance with Section I H of the Saint Paul Salary Plan and Rates of Compensation. Vacation must be approved by the Head of the Department. - Cl - - � APPENDIX C(Continued} y 7 --119 7 The Empioyer shall establish Workers' Compensation and Unemployment Compensation • programs as required by Minnesota Statutes. The wage rate for the tide of Elevator Inspector shall consist of two steps. The first step shall be the entry level step. The second step shall be paid to those who successfully perform for at least 1040 hours at the entry level. If the Union elecu to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The rates listed efFecuve January 1, 1998 show this change. EfFective 7uly 4, 1998, there will be an additional $1.25 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.25 between wages and fringes. Effective July 3, 1999, there wili be an additional $1.15 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.15 between wages and fringes. . � -c2- APPENDIX D y 7� 1� 9 7 Effective November 1, 1997 (or ciosest payroll period), the Employer shail: � (1) contribute to a Welfare Fund $3.845 per hour for all hours worked by participating employees as defined in Articles 123, 12.4 and 12.5 of this Agreement. (2) contribute to a Pension Fund $2.19 per hour for all hours worked by participating employees, as defined above. (3) conuibute to the Educational F�nd $0.085 per hour for all hours worked by participating employees, as defined above. The Employer will not make the above contributions for Holidays or vacation. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for participating employees are decreased or increased by the same total amount. All conuibutions and deductions made in accordance with this Appendix shail be forwarded to depositories as directed by the Union. The Employer shall estabiish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. � The Employer's fringe benefit obligation to employees is limited to the contributions andlor deductions established by this Agreement. The actual levei of benefits provided to emgloyees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � - Dl -