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97-1229Council File # � (.'��1,q Green Sheet # 40116 `, . :y � , - Presented bv � Referred To 1 2 R3 � Committee Date �a RESOLVED, that the Council of the City of Saint Paul herebp approves and ratifies the attached May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and United Association Fipefitters Local Union No. 455. Requested by Deparknent of: O�ce of Labor Relations �• �� i' _ � � Form Appr ved by Ci Attorney By: � �-��'�- \--1 Adoption Certified by Council Secretary � Appi � Approv by Su fn'�s'� n to Council By: Adopted by Council: Date � c� .\ S �°�q� � DEPAR7'MENTJOFFICFJCOIINCIL: LABOR RELATIONS CONTACf PERSON & PHOPIE: JIJLIE KRAUS 266-6513 MUSf BE ON COUNCIL AGENDA BY (DATE) �� q � TOTAL#OFSIGNATURE °A� IN`T'`'�D I GREEN SHEET 9f25/97 A'ITIAL/DATE No.: 40116 �t't - i a�q INI1'IALDATE ASSIGN 1 DEPARI'MENT DIl� 4 CTTY COUNCII. NIpI11BER 2 CITY ATTORNEY �_ y.(� CRY CLERK FOR BU�GET DIR � FIN. & MGT. SERViCE DIR ROUTING 3 MAYOR (OIL ASST.) ORDER ALL LOfATIONS FOR acnoxxEQUES�n: This resolution approves the attached May 1, 1997 through Apri130, 1999 Maintenance Labor Agreement between the City of 5aint Paul and United Association Pipefitters Locai LTnion No. 455. RECONA4ENDATTONS: Approve (A) or Reject (A) _PLANNSNG COMMISSION _CML SERVICE COMMISSIOF _CIB COMbIIl'TEE _STAFF _DIS7RICT COURT SUPPORTS WFIICACAUNCILOB7ECTSVE? PERSONAL SERVICE CONTAACTS MUST ANSWER TIIE FOLLOWING QUESCIONS: 1. Has this persoNfirm ever worked under a contraM for this depaziment? Yes No 2. Flas this personfficm ever been e city employee? Yes No 3. Dces this pe[sonlficm possess a skilt not no[mally possessed by any cumnt eity Yes No Ezplain all yes answers on separate sheet and attach to greea sheet INI'i'IA7'Q3G PROBLEM, ISSUE, OPPORTUNTTY (W ho, W Lat, W6en, W 6ere, Why): 5��p'�is'4i :l.*�'va.�.+��°`�'a,'�_ Ls�sEx�w3'� �_ 2 9 €�97 ADVANTAGES IF APPROVED: DLSAAVANTAGES IF APPROVED: DISADVANTAGES [F NOT APPROVED: TOTAL AMOi7NT OF TRANSACTSON: F[JNDING SOURCE: COST/REVE!VL1E BUDGETED: ACf[VI'S'Y NUMBER: FWANCIAL INFORMATION: (EXPLAIN) ATTACHMENT TO GREEN SHEET � ` � aa °� Below represents the changes for the 1997-1999 Collective Bargaining Agreement between the City of Saint Paul and the United Association Pipefitters I.ocal Union No. 455. Waees The City agreed to the prevailing wage rate. Vacation Changes were made ensuring the use of vacation. F:�I.ABRELICONTRACT�PIPEFI1111947-49WTTACH96 . y ` „- � l {� �+. (' v. ... , . ...- — Y ` r �� - ��.�� — ) � - � - _ � � _ � � �_ .E�,� � � ' = -� � F S �.> � ��`-� � Y9�� :, ��I f��iTf� 3Q� ��4 ; _ :. -, - � <: `= ; . �� - _ >F � > � � � _ , „ ,. .. r -, -- „ , � � � � �� -.._.r.� . �x �. ,�',: . . .. .� _. .� , _ _ _ _ "... _ . �_.,�.�. � ...�..�_.. . ,.��.,..,�,.� -.,... _ : ,..� - -- ,,...-rc�. ,;, :c; -`µ::: ' :. � ':'.: .' ,,.. � .. d .._. , .� , z_ � —. .. .. � , n _._ -� ".+ >_ m a� -��a�l ��X C • ARTICLE TITLE PAGE Preambie .............. ....................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationaty Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Empioyment and Compensation . . . . . . . . . . . . . . . . 3 8 HoursofWork ....................................3 9 Overtime ........................................4 10 Call In/Ca11 Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 VJages ..........................................5 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . 5 14 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 19 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Tools ...........................................9 21 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 22 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Waiver .........................................13 26 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 27 I.egal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 i3niform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Duration & Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Appendix ..................................... A1 Appendix B ......................................B1 Appendix C ......................................C1 Apgendix D ..................................... D1 Appendix E ......................................Ei � %'1 .t�Z7 .. , �. This Agreement is entered into between the City of Saint Pau1, hereinafter referred to as the Employer and the United Association Pipefitters Local Union No. 455, hereinafter refened to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. • The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between peogle at ali levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees wili best serve the needs of the general public. ii ARTICLE 1 - PURPOSE 1.1 The Empioyer and the Union agree that the purpose for entering into this Agreement is to: Z.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest level af employee performance that is consistent with the safety and well-being of all concerned; 11(2} Set forth rates of pay, fiours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; 1.1{3) Estabtish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. !.2 The Emgioyer and the Union agree that this AgreemenF serves as a supplement to legislation that creates and directs the Employer. If any part of tlus 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 24 (SEVERABILITY). ARTICLE 2 - RECOGNTTION � 2.1 The Employer recognizes the Union as the exclusive representative for collective � bargaining purposes for ati personnel in the classes defined in Appendix A as certiFied by the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated April lb, Z973, if those personnel meet the statutory test for inclusion found in M.S. Z79A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facitities, and equipment; to esrablish funcrions and programs; to set and amend budgets; to detemrine the utilization of technology; to estabiish and modify the organizational structure; to se3ect, direct, and determine the number of personnel; and to perform any inherent managerial function nat specifically timited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish folIowing written notifcation to the Union. �� 9� . �'s1 y � ARTICLE 4 - IJNION RIGH'TS 4.1 The Employer shalt deduct an amount necessary to cover monthly Union dues from the wages of employees who provide written authorization for such a deduction. These deductions shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues for any other labor organization from the wages of employees covered by this Agreement. 4.1(2) The tinion shall indemnify and save harmless the Employer from any and all clauns or charges made against the Employer as a result of the implementation of trus Article. 4.2 The Union may designate one (1) employee from ffie bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 21 {GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Bmployer supervisor, the Business Manager of the Union, or histher designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. � ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined hy M.S. 179.63, Subd. 18 for all employees exclusivety represented by the [Tnion. This Agreement shall supersede such "terms and conditions of empioyment" estabiished by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shatl serve a six (6) months probationary period during which time the empioyee's fitness and ability to perform the duties and responsibilities of the position shali be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to ffie provisions of Article 21 (GRIEVANCE PROCEDi3RE). 61(2) An employee terminated during the probationary period shali receive a written notice of the reason(s) for such ternunation, a copy of which shall be sent to the Union. -2- ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 Ail personnel promoted to a higher class shaIl serve a six (6) month promotional pzobationary period during which time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(I) At any time during the promotional probationary period an employee may be demoted, at the discretion of the Employer, to the employee's previossly held ciass wittsout appeal to the provisions of Articie 22 (GRIEVANCE PROCEDURE). b.2(2) An employee 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- PHILOSOPHY OF EMPLOYMENT & COMPENSATION 7.1 The Employer and the Union are in futl agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. � 7.2 The Empioyer shall compensate empioyees for all hours worked at ihe basic hourly wage rate and hourly fringe benefit rate as found in Articles II (WAGES} and 12 � (FRINGE BENEFTTS). 7.3 No other compensation or fringe benefit shalI be accumulated or earned by an employee except as specificaIly provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shatl be eight (8j consecudve hours per day, excluding a chirty (30) minute ungaid lunch period, between 7:00 a.m. and 5:3Q p.m. 8.2 The nom�al work week shail be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of tkus Agreement, it is necessary in the Employer's judgment to estabiisfi second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees to immediately enter into negotiations to establish such conditions. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. -3- ARTICLE 8- HOURS OF WORK (Continued) 9� - ��.a9 • 8.5 Ail 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 ditected by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (CALL INlCALL BACK). 8.7 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 fiourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - OVERTIl��E 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored 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 agproval has been obtained. � 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shail be paid for work perforzned under the following circumstances: 9.2(1} Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Time worked in excess of forty (40) haurs in a seven (7) day period. 9.3 For the purposes of caicu3ating overtime compensation overtime hours worked shall not be"pyramided," or compounded. No employee shall be paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. ARTICLE 1Q - CALL IN/CALL BACK 10.1 The Employer retains the right to caIl in or call back employees before an employee has started a normal work day or normal work week and after an employee has campleted a normal work day or norma2 work week. 10.2 Employees called in or called back shal] receive a minimum of four (4} hours straight time gay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVBRTIME), when applicable, whichever is greater. � ARTICLE 10 - CALL IN/CALL BACK (Continued) 10.2(1) Notwithstanding Article 10.2, empioyees called in four (4) hours or less prior to their normal work day shatl complete the normal work day and be compensated only for the overtime hours vrorked in accordance with Artic2e 9 {OVERTIME). ARTICLE 11- WAGES i 1.I The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an empioyee. 11.2 Effective 4/27/96, the parties agree to calculate the hourly wages for provisional, probationary, and regutaz empIoyees, for the cIasses listed in Appendix A, by dividing the temporary rate by 1.0448. Effective 01/01/98, this amount shali be increased to i.Q518. 11.3 Provisional, temporary, and regular employees shali be considered, for the purposes of this Agreement, parricipating emptoyees and sha12 be compensated in accordance with Arcicle 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by ftrticIe 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make conuibutions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ali hours worked. ARTICLE 13-SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for positions in the class of Lead Fipefitter shaI1 remain solely with the Employer. 13.2 Positions in the class of Lead Pipefiiter shall be f�Iled by employees of the bargaining unit on a "temporary assignment." 13.3 A11 "temporary assignments" shaU be made only at the direction of a designated Employer supervisor. � . 13.4 Sach "temporary assignmenu" shall be made oniy in cases where the position is vacant for more than one (1) normaI work day. -5- �1� -��a °1 • ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: New Year's Day, 3anuary 1 Martin Luther King Day, Third Monday in 7anuary Presidents' Day, Third Monday in February Memorial I7ay, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 14.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 14.3 The ten (10) holidays shali be considered non-work days. • 14.4 If, in the }udgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed in/called back" in accordance with Article 10 (CALL INlCALL BACK). 14.5 If an employee entitled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or the employee shall be paid on a straight time basis for such hours worked, in addition to hisfher regular holiday pay. If an employee entiUed to a holiday is required to work on i3ew Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Chrisrinas Day, he/she shali be recompensed for work done on this day by being granted compensatory time on a time and one-haif basis, or by being paid on a time and one-half basis for such hours worked, in addition to hislher regular holiday pay. Eligibility for Hotiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. � ARTICLE 15 - DISCIPLINARY PROCEDURE 15.1 The Employer shall have the right to impose discipiinary actions on emptoyees for just cause. 25.2 Discipiinary actions by the Employer shali include only the foliowing actions: 15.2(i} Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2{4) Demotion. 15.2(5) Discharge. 15.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civii Service Commission, or a designated Board of Review, shaIl be the sole and exclusive means of reviewing a suspension, demotion, ar discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 {GRiEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK 16.1 Empioyees who aze unable to report for their normal work day have the responsibiliry to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 26.3 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 17 - SE1vIORiTY 17.1 Seniority, for the purposes of ttris Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and atl class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regutar and probarionary service with the Employer from ihe date an employee was first appointed to a class ritle covered by this Agreement. Ci � �� °l1-�aa � � ARTICLE 17 - SENIORITI' (Continued) 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid off by class Gtle within each department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any previousiy held lower paid class title, covered by this Agreement, provided su�h employee has greater "Class Seniority" than ffie employee being replaced. 17.5 The selection of vacation periods shall be made by ciass title based on length of "Class Seniority," subject to the approvai of the Employer. ARTICLE 18 - .TURISDICTION • 18.1 Disputes concerning work jurisdiction beriueen and among unions 9s recognized as an approprlate subject to determination by the various unions representing employees of the Employer. 1$.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 18.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutuaIly possible to resoive the dispute. Nothing in the foregoing shail resuict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 183 ahove shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PR(JCEDURES). 18.5 There shall be no work stoppage, slow down, or any disruption of work resuiting from a work assignment. � ARTICLE 19 - SEPAR.ATION 19.1 Employees having a probationary or regular etapIoyment status shaIl be considered separated from employment based on the following acTions: 19.1(i) Resignation. Employees resigning from employment shatl give written notice fourteen (14} calendar days prior to the effecuve date of the resignation. 19.1(2) Retirement. As provided in Article 14. 19.2(3) Discharge. As provided in Article 15 (DISCIPLINARY PROCEDURES) 19.1{4) Failure to Report for Duty. As provided in Articte 16 {ABSENCES FROM WORK). 19.2 Employees other ihan regular employees who have successfulIy completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS 20.1 All employees shaIl personally provide themselves with the tools of the trade as Iisted in Appendix B. ARTICLE 21- GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the 5tewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Steward and of his/her successor when so named. 21.2 It is recognized and accepted by the Employer and ihe Union that the processing of grievances as hereinafter provided is limited by the job dnties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward invoIved and a grieving employee shall suffer no Ioss in pay when a grievance is processed during working hours, provided rhe Stewatd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EmpIoyer. C� • � °11 -1z a °� � ARTICLE 21- GRIEVANCE PROCEDURE (Continued) 21.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Section 15.3 (DISCIPLINARY PROCEDURES), for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the follawing procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's 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 vioIation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7} calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remaius unresolved, the Employer shall reply in writing to the i3nion within three (3) calendar days following this meeting. The i3nion may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven {7) calendar days following rec.�ipt of a grievance referred from Step 2 a designated Empioyer supervisor shail meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7} calendaz days following this meeting the Empioyer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of ihe 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 21- GRIEVANCE PROCEDURE (Continued} � Step 4. If the grievance remains unreso2ved, the Union may within seven (7) calendar days after the response of the Emp2oyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the garties fail to mutually agree upon an arbitrator within the said seven (7) day period, either garty may request the Public Empioyment Relations Board to submit a panel of five (5) arbivators. Both the Employer and the Union shaIi have the right to strike two {2} names fram the panei. The Union shai2 strike the first (lst) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nulIify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shalt consider and decide only the specific issue submitted in writing by the Employer and the Union and sttall have no � authority to make a decision on any other issue not so subraitted. The azbivator shaii be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application af laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) � days following close of the hearing or the submission of briefs by the parties, whichever be Iater, unless the parties agree to an extension. The decision shal] be based soleiy on the arbitrator's interpretation or app2ication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the azbitraYOr shall be fmal and binding on the Employer, the Union and the emgloyees. 21.6 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 its own representative and witnesses. Ff either parry desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 2I .7 Tfie time limits in each step of flris procedure may be extended by mutual agreement of the BmpIoyer and the Union. -ii- �l1- �aa � � ARTICLE 22 - RIGHT OF SUBCONTRACT 22. i The Employer may, at any time during the duration of this Agreement, conuact out woxk done by the employees covered by this Agreement. In the event that such conttacting would resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (9Q) calendar day notice of the intention to sub-contract. 22.2 The sub-conuacting 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. 14Q13. ARTICLE 23 - NON-DISCRIlVIINATION 23.1 The terms and conditions of this Agreement will be applied to employees equaliy without regard to, or discrimination for or against any individual because of, race, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform theix duties and responsibilities in a non-discriminatory manner � as such duties and resgonsibilities involve other emgloyees and the generai public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declared to be conuary to law by proper legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 24.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative, or judicial determination. -12- ARTICLE 25 - WAIVER 25.! The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement each had the right and opportuniry to make proposals with respect to any subject concerning the terms and conditions af employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in ttris Agreement. 25.2 Therefore, the Employer and the Union agree for the duration of tiris Agreement that the ather parry shall not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 253 Any and all prior ordinances, agreements, reso2utions, practices, policies, and rnles or regulations regarding the terms and condiuons of employment, to the extent they aze inconsistent with ihis Agreement, aze hereby superseded. ARTICLE 26 - CITY MILEAGE � 2b.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul � Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automabiles in the perfomiance of iheir duties, the foilowing provisions are adopted. 26.2 Method of Computation: To be etigible for such reimbursement, all officers and empIoyees must receive written anthorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIdNALLY during employment, the employee shaIl be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actualIy used in performing the duties of the employee's position. In addition, the empioyee shalI 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 employer vehicle is available for the empIoyee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. -13- °11-�^» � � ARTICLE 26 - CTTY MILEAGE (Continued) Type 2. If an employee is required to use histher own automobile REGULARLY during emp}oyment, the employee shaIl be reimbursed 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 employee is requ'ued to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the empioyee desires to use hislher own automobile, then the employee shall be reunbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 26.3 The Ciry will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their persona3 car available for Ciry business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the � requirement that recipients shali file daily reports indicating miles driven and shall file monttily affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liabiliry insurance in amounts of not less than $100,0001$300,OQ0 for personal injury, and $25,Q00 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additionai insured. These rules and regulations, together with ffie amendment thereto, shatl be maintained on file with the city clerk. ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in o�ce or willful or wanton neglect of duty, the Employer shall defend, save hannless and indemnify an employee andlor his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. -14- ARTICLE 27 - LEGAL SERVICES (Continued) 27.2 Notwithstanding the provisions of Arcicle 27.1, the Employer shali not be required to defend or indemnify any employee against personal Iiability, or damages, cosu or expense {a} resulting from a claim, suit, verdict, finding, determination or judgment thaz the employee has committed an intentional tort or torts, including but not limited to siander, Iibe1 and/or other defamatory harms; or (b) arising out of cross claims, caunierclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actuaIly convnenced} brought, made or insrituted by such employee. 27.3 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at iu sole discretion defend an emploqee atlegations, claims, detnands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the emgloyee may consent to the extent Iawfully permitted to such representation without regard to actual or potential conflicts of interest. � 27.4 Each employee, within 20 days after receiving notice of {i} a tort ciaim or demand, action, suit or proceediag against him or her, or (2) a judgment, verdict, fucding or determinaYion, either of which arises out of alleged or found acu or omissions � occurring in the performance or scope of the empioyee's daries, shall notify the City by giving written notice thereof to the Q�ce of the City Clerk. ARTICLE 28 - UNIFORM ALLt�WANCE 28.1 A uniform allowance base of three hundred and fifty-five dollazs ($355. W) as a clothing ailowance on a voucher system is established for 1486 for ali inspection employees of the Fire Prevention Division of the St. Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this cIoLhing alIowance shall be defined by the Empioyer. ARTICLE 29 - VACATION 29.1 Employees are required to take ten (10) days of nnpaid vacation per year. -15- °l� - �'�.�-°� � • ARTICLE 30 - DURATION AND PLEDGE 30.1 This agreement is effective the date of signing by the Employer and the Union and shali remain in effect ihrough the 30th day of April, 1999, and shali continue in effect from year to year thereafrer unless notice to change or to terminate is given in the manner provided in Articie 30. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parly wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninery (90) or less than sucry (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date. 30.3 In considerarion of the terms and conditions of empioyment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning its application or interpretation may be peacefuliy resolved, the parties hereby pledge that during the term of the Agreement: 30.3(i) 303(2) The Union and the employees will not engage in, insugate, or condone any concerted action in which employees fail to report for duty, wilifuily absent themselves from work, stop work, siow down their work, or absent themselves in whole or put from the full, faithfui performance of their duties of employment. The Employer will not engage in, instigate, or condone any lock-out of employees. 30.3(3) This consritutes a tentati�fe agreement between the parties which wili be recommended by the City Negotiator, but is subject to the appravai of the Administration of the Ciry and the City Council and is aiso subject to ra�ification by the Union. AGREED to thiso�th day of September, 1947 and actested 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. WITNESSES: CITY O� SAINT PAUL , Mary H. earney Director of Labor Relations UNITED ASSOCIATION PIPEFITTERS LQCAL UNION NO. 455 �2%� � �%2^��i�— Steven A. Tufenk Business Representative -16- �i'1 -1'� 2 q • APPENDIX A The classes recognized by the Employer as being exclusively regresented by the Union are as follows: I.ead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter and other classes that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. r L_ - A1 - h'1 - �a z 1 • APPENDIX B • 1 6'folding ruler : `t�-� � \J APPENDIX C 1. The basic hourly wage rates fot temporary employees appointed to Yhe following classes 2. shail be: Effective 04/26/97 $27.37 $28.3? Mechanical Inspector Senior Mechanical Insp.-Pipefitter The basic hourly rate for temporary employees whose length of employment and earnings require that they be suhject to Pubiic Empioyees Retirement Association (PERA) contributions shall be the above temporary rate divided by 1.0448. Effective O1f01/98, this rate shall be increased to 1.0518. The basic hourly wage rate for provisional, probationary and regular employees Bffective Q ro 1� 1i9g $26.02 $2b.97 appointed to the following ciasses shall be as follows: Mechanical Inspector Senior MechanicalInsp.-Pipefitter Effectrve 04126197 $26.20 $27.15 Ali rates include the $4.37 per hour taYable contributions listed in Appendix D. EfFective 04/25/98, there will be an additional $1.13 per hour added to the total package. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. In tY�e event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that are listed in Appendix D increased or decreased during che contract period, the hasic hourly wage rate shall be reduced or increased by the sazne amount so that the total cost to the Employer remains unchanged. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The zates listed under the column Ol(Ol/98 reflect tlris change. - Cl - °l� - ��? � � APPEI�iDIX D Effective April 26, 1997, the Empioyer shall: (i) Contribute $4.25 per hour to a Union designated Credit Union, for all hours paid to employees. A payroli deduction in this amount shatl be made from the hourly rates listed in Appendix C. (2) Conuibute $.12 per hour to a Union designated Working Fee Fund, for all hours paid to employees, A payroll deduction in this amount shali be made from the hourly rates listed in Appendix C. (3) Contribute $3.0� per hour to a Union designated Health and Welfare Fund for all hours paid to employees. (4) Contribute $4.53 per hour to a Union designated Pension Fund for all hours paid to employees. (5) Contribute $.13 per hour to a Journeyman and Apprenticeship Training Fund for all hours paid to employees. • AII contributions made in accordance with this Appendix D shall be forwarded to the Twin City Pipe Trades Service Association. The Empioyer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to empioyees is limited to the contributions and/or deductions established by this Agreement. The actual ]evel of benefits provided to emgloyees shail be the responsibility of ihe Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � - Dl - �l1 • �'�b�t i APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSFECTORS, MECHANICAL II�SPECTORS, REFRIGERATION INSPECTORS A23D GAS BiJR23ER INSPECTORS As a result of the 1974 settlement, the Parties have established craft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and C:as Bumer Inspectors, with specific nnderstanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that ffie Employer in applying Article 3(EMPLOYER RIGHTS} of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not resuit in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional ciaims or restrictions be asserted by the Union because members of various Inspector ciassifications are assigned to work which is also performed by other Inspector classifications. . - EI- Council File # � (.'��1,q Green Sheet # 40116 `, . :y � , - Presented bv � Referred To 1 2 R3 � Committee Date �a RESOLVED, that the Council of the City of Saint Paul herebp approves and ratifies the attached May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and United Association Fipefitters Local Union No. 455. Requested by Deparknent of: O�ce of Labor Relations �• �� i' _ � � Form Appr ved by Ci Attorney By: � �-��'�- \--1 Adoption Certified by Council Secretary � Appi � Approv by Su fn'�s'� n to Council By: Adopted by Council: Date � c� .\ S �°�q� � DEPAR7'MENTJOFFICFJCOIINCIL: LABOR RELATIONS CONTACf PERSON & PHOPIE: JIJLIE KRAUS 266-6513 MUSf BE ON COUNCIL AGENDA BY (DATE) �� q � TOTAL#OFSIGNATURE °A� IN`T'`'�D I GREEN SHEET 9f25/97 A'ITIAL/DATE No.: 40116 �t't - i a�q INI1'IALDATE ASSIGN 1 DEPARI'MENT DIl� 4 CTTY COUNCII. NIpI11BER 2 CITY ATTORNEY �_ y.(� CRY CLERK FOR BU�GET DIR � FIN. & MGT. SERViCE DIR ROUTING 3 MAYOR (OIL ASST.) ORDER ALL LOfATIONS FOR acnoxxEQUES�n: This resolution approves the attached May 1, 1997 through Apri130, 1999 Maintenance Labor Agreement between the City of 5aint Paul and United Association Pipefitters Locai LTnion No. 455. RECONA4ENDATTONS: Approve (A) or Reject (A) _PLANNSNG COMMISSION _CML SERVICE COMMISSIOF _CIB COMbIIl'TEE _STAFF _DIS7RICT COURT SUPPORTS WFIICACAUNCILOB7ECTSVE? PERSONAL SERVICE CONTAACTS MUST ANSWER TIIE FOLLOWING QUESCIONS: 1. Has this persoNfirm ever worked under a contraM for this depaziment? Yes No 2. Flas this personfficm ever been e city employee? Yes No 3. Dces this pe[sonlficm possess a skilt not no[mally possessed by any cumnt eity Yes No Ezplain all yes answers on separate sheet and attach to greea sheet INI'i'IA7'Q3G PROBLEM, ISSUE, OPPORTUNTTY (W ho, W Lat, W6en, W 6ere, Why): 5��p'�is'4i :l.*�'va.�.+��°`�'a,'�_ Ls�sEx�w3'� �_ 2 9 €�97 ADVANTAGES IF APPROVED: DLSAAVANTAGES IF APPROVED: DISADVANTAGES [F NOT APPROVED: TOTAL AMOi7NT OF TRANSACTSON: F[JNDING SOURCE: COST/REVE!VL1E BUDGETED: ACf[VI'S'Y NUMBER: FWANCIAL INFORMATION: (EXPLAIN) ATTACHMENT TO GREEN SHEET � ` � aa °� Below represents the changes for the 1997-1999 Collective Bargaining Agreement between the City of Saint Paul and the United Association Pipefitters I.ocal Union No. 455. Waees The City agreed to the prevailing wage rate. Vacation Changes were made ensuring the use of vacation. F:�I.ABRELICONTRACT�PIPEFI1111947-49WTTACH96 . y ` „- � l {� �+. (' v. ... , . ...- — Y ` r �� - ��.�� — ) � - � - _ � � _ � � �_ .E�,� � � ' = -� � F S �.> � ��`-� � Y9�� :, ��I f��iTf� 3Q� ��4 ; _ :. -, - � <: `= ; . �� - _ >F � > � � � _ , „ ,. .. r -, -- „ , � � � � �� -.._.r.� . �x �. ,�',: . . .. .� _. .� , _ _ _ _ "... _ . �_.,�.�. � ...�..�_.. . ,.��.,..,�,.� -.,... _ : ,..� - -- ,,...-rc�. ,;, :c; -`µ::: ' :. � ':'.: .' ,,.. � .. d .._. , .� , z_ � —. .. .. � , n _._ -� ".+ >_ m a� -��a�l ��X C • ARTICLE TITLE PAGE Preambie .............. ....................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationaty Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Empioyment and Compensation . . . . . . . . . . . . . . . . 3 8 HoursofWork ....................................3 9 Overtime ........................................4 10 Call In/Ca11 Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 VJages ..........................................5 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . 5 14 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 19 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Tools ...........................................9 21 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 22 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Waiver .........................................13 26 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 27 I.egal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 i3niform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Duration & Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Appendix ..................................... A1 Appendix B ......................................B1 Appendix C ......................................C1 Apgendix D ..................................... D1 Appendix E ......................................Ei � %'1 .t�Z7 .. , �. This Agreement is entered into between the City of Saint Pau1, hereinafter referred to as the Employer and the United Association Pipefitters Local Union No. 455, hereinafter refened to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. • The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between peogle at ali levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees wili best serve the needs of the general public. ii ARTICLE 1 - PURPOSE 1.1 The Empioyer and the Union agree that the purpose for entering into this Agreement is to: Z.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest level af employee performance that is consistent with the safety and well-being of all concerned; 11(2} Set forth rates of pay, fiours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; 1.1{3) Estabtish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. !.2 The Emgioyer and the Union agree that this AgreemenF serves as a supplement to legislation that creates and directs the Employer. If any part of tlus 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 24 (SEVERABILITY). ARTICLE 2 - RECOGNTTION � 2.1 The Employer recognizes the Union as the exclusive representative for collective � bargaining purposes for ati personnel in the classes defined in Appendix A as certiFied by the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated April lb, Z973, if those personnel meet the statutory test for inclusion found in M.S. Z79A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facitities, and equipment; to esrablish funcrions and programs; to set and amend budgets; to detemrine the utilization of technology; to estabiish and modify the organizational structure; to se3ect, direct, and determine the number of personnel; and to perform any inherent managerial function nat specifically timited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish folIowing written notifcation to the Union. �� 9� . �'s1 y � ARTICLE 4 - IJNION RIGH'TS 4.1 The Employer shalt deduct an amount necessary to cover monthly Union dues from the wages of employees who provide written authorization for such a deduction. These deductions shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues for any other labor organization from the wages of employees covered by this Agreement. 4.1(2) The tinion shall indemnify and save harmless the Employer from any and all clauns or charges made against the Employer as a result of the implementation of trus Article. 4.2 The Union may designate one (1) employee from ffie bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 21 {GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Bmployer supervisor, the Business Manager of the Union, or histher designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. � ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined hy M.S. 179.63, Subd. 18 for all employees exclusivety represented by the [Tnion. This Agreement shall supersede such "terms and conditions of empioyment" estabiished by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shatl serve a six (6) months probationary period during which time the empioyee's fitness and ability to perform the duties and responsibilities of the position shali be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to ffie provisions of Article 21 (GRIEVANCE PROCEDi3RE). 61(2) An employee terminated during the probationary period shali receive a written notice of the reason(s) for such ternunation, a copy of which shall be sent to the Union. -2- ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 Ail personnel promoted to a higher class shaIl serve a six (6) month promotional pzobationary period during which time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(I) At any time during the promotional probationary period an employee may be demoted, at the discretion of the Employer, to the employee's previossly held ciass wittsout appeal to the provisions of Articie 22 (GRIEVANCE PROCEDURE). b.2(2) An employee 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- PHILOSOPHY OF EMPLOYMENT & COMPENSATION 7.1 The Employer and the Union are in futl agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. � 7.2 The Empioyer shall compensate empioyees for all hours worked at ihe basic hourly wage rate and hourly fringe benefit rate as found in Articles II (WAGES} and 12 � (FRINGE BENEFTTS). 7.3 No other compensation or fringe benefit shalI be accumulated or earned by an employee except as specificaIly provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shatl be eight (8j consecudve hours per day, excluding a chirty (30) minute ungaid lunch period, between 7:00 a.m. and 5:3Q p.m. 8.2 The nom�al work week shail be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of tkus Agreement, it is necessary in the Employer's judgment to estabiisfi second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees to immediately enter into negotiations to establish such conditions. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. -3- ARTICLE 8- HOURS OF WORK (Continued) 9� - ��.a9 • 8.5 Ail 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 ditected by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (CALL INlCALL BACK). 8.7 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 fiourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - OVERTIl��E 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored 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 agproval has been obtained. � 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shail be paid for work perforzned under the following circumstances: 9.2(1} Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Time worked in excess of forty (40) haurs in a seven (7) day period. 9.3 For the purposes of caicu3ating overtime compensation overtime hours worked shall not be"pyramided," or compounded. No employee shall be paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. ARTICLE 1Q - CALL IN/CALL BACK 10.1 The Employer retains the right to caIl in or call back employees before an employee has started a normal work day or normal work week and after an employee has campleted a normal work day or norma2 work week. 10.2 Employees called in or called back shal] receive a minimum of four (4} hours straight time gay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVBRTIME), when applicable, whichever is greater. � ARTICLE 10 - CALL IN/CALL BACK (Continued) 10.2(1) Notwithstanding Article 10.2, empioyees called in four (4) hours or less prior to their normal work day shatl complete the normal work day and be compensated only for the overtime hours vrorked in accordance with Artic2e 9 {OVERTIME). ARTICLE 11- WAGES i 1.I The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an empioyee. 11.2 Effective 4/27/96, the parties agree to calculate the hourly wages for provisional, probationary, and regutaz empIoyees, for the cIasses listed in Appendix A, by dividing the temporary rate by 1.0448. Effective 01/01/98, this amount shali be increased to i.Q518. 11.3 Provisional, temporary, and regular employees shali be considered, for the purposes of this Agreement, parricipating emptoyees and sha12 be compensated in accordance with Arcicle 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by ftrticIe 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make conuibutions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ali hours worked. ARTICLE 13-SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for positions in the class of Lead Fipefitter shaI1 remain solely with the Employer. 13.2 Positions in the class of Lead Pipefiiter shall be f�Iled by employees of the bargaining unit on a "temporary assignment." 13.3 A11 "temporary assignments" shaU be made only at the direction of a designated Employer supervisor. � . 13.4 Sach "temporary assignmenu" shall be made oniy in cases where the position is vacant for more than one (1) normaI work day. -5- �1� -��a °1 • ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: New Year's Day, 3anuary 1 Martin Luther King Day, Third Monday in 7anuary Presidents' Day, Third Monday in February Memorial I7ay, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 14.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 14.3 The ten (10) holidays shali be considered non-work days. • 14.4 If, in the }udgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed in/called back" in accordance with Article 10 (CALL INlCALL BACK). 14.5 If an employee entitled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or the employee shall be paid on a straight time basis for such hours worked, in addition to hisfher regular holiday pay. If an employee entiUed to a holiday is required to work on i3ew Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Chrisrinas Day, he/she shali be recompensed for work done on this day by being granted compensatory time on a time and one-haif basis, or by being paid on a time and one-half basis for such hours worked, in addition to hislher regular holiday pay. Eligibility for Hotiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. � ARTICLE 15 - DISCIPLINARY PROCEDURE 15.1 The Employer shall have the right to impose discipiinary actions on emptoyees for just cause. 25.2 Discipiinary actions by the Employer shali include only the foliowing actions: 15.2(i} Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2{4) Demotion. 15.2(5) Discharge. 15.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civii Service Commission, or a designated Board of Review, shaIl be the sole and exclusive means of reviewing a suspension, demotion, ar discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 {GRiEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK 16.1 Empioyees who aze unable to report for their normal work day have the responsibiliry to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 26.3 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 17 - SE1vIORiTY 17.1 Seniority, for the purposes of ttris Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and atl class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regutar and probarionary service with the Employer from ihe date an employee was first appointed to a class ritle covered by this Agreement. Ci � �� °l1-�aa � � ARTICLE 17 - SENIORITI' (Continued) 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid off by class Gtle within each department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any previousiy held lower paid class title, covered by this Agreement, provided su�h employee has greater "Class Seniority" than ffie employee being replaced. 17.5 The selection of vacation periods shall be made by ciass title based on length of "Class Seniority," subject to the approvai of the Employer. ARTICLE 18 - .TURISDICTION • 18.1 Disputes concerning work jurisdiction beriueen and among unions 9s recognized as an approprlate subject to determination by the various unions representing employees of the Employer. 1$.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 18.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutuaIly possible to resoive the dispute. Nothing in the foregoing shail resuict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 183 ahove shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PR(JCEDURES). 18.5 There shall be no work stoppage, slow down, or any disruption of work resuiting from a work assignment. � ARTICLE 19 - SEPAR.ATION 19.1 Employees having a probationary or regular etapIoyment status shaIl be considered separated from employment based on the following acTions: 19.1(i) Resignation. Employees resigning from employment shatl give written notice fourteen (14} calendar days prior to the effecuve date of the resignation. 19.1(2) Retirement. As provided in Article 14. 19.2(3) Discharge. As provided in Article 15 (DISCIPLINARY PROCEDURES) 19.1{4) Failure to Report for Duty. As provided in Articte 16 {ABSENCES FROM WORK). 19.2 Employees other ihan regular employees who have successfulIy completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS 20.1 All employees shaIl personally provide themselves with the tools of the trade as Iisted in Appendix B. ARTICLE 21- GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the 5tewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Steward and of his/her successor when so named. 21.2 It is recognized and accepted by the Employer and ihe Union that the processing of grievances as hereinafter provided is limited by the job dnties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward invoIved and a grieving employee shall suffer no Ioss in pay when a grievance is processed during working hours, provided rhe Stewatd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EmpIoyer. C� • � °11 -1z a °� � ARTICLE 21- GRIEVANCE PROCEDURE (Continued) 21.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Section 15.3 (DISCIPLINARY PROCEDURES), for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the follawing procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's 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 vioIation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7} calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remaius unresolved, the Employer shall reply in writing to the i3nion within three (3) calendar days following this meeting. The i3nion may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven {7) calendar days following rec.�ipt of a grievance referred from Step 2 a designated Empioyer supervisor shail meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7} calendaz days following this meeting the Empioyer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of ihe 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 21- GRIEVANCE PROCEDURE (Continued} � Step 4. If the grievance remains unreso2ved, the Union may within seven (7) calendar days after the response of the Emp2oyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the garties fail to mutually agree upon an arbitrator within the said seven (7) day period, either garty may request the Public Empioyment Relations Board to submit a panel of five (5) arbivators. Both the Employer and the Union shaIi have the right to strike two {2} names fram the panei. The Union shai2 strike the first (lst) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nulIify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shalt consider and decide only the specific issue submitted in writing by the Employer and the Union and sttall have no � authority to make a decision on any other issue not so subraitted. The azbivator shaii be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application af laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) � days following close of the hearing or the submission of briefs by the parties, whichever be Iater, unless the parties agree to an extension. The decision shal] be based soleiy on the arbitrator's interpretation or app2ication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the azbitraYOr shall be fmal and binding on the Employer, the Union and the emgloyees. 21.6 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 its own representative and witnesses. Ff either parry desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 2I .7 Tfie time limits in each step of flris procedure may be extended by mutual agreement of the BmpIoyer and the Union. -ii- �l1- �aa � � ARTICLE 22 - RIGHT OF SUBCONTRACT 22. i The Employer may, at any time during the duration of this Agreement, conuact out woxk done by the employees covered by this Agreement. In the event that such conttacting would resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (9Q) calendar day notice of the intention to sub-contract. 22.2 The sub-conuacting 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. 14Q13. ARTICLE 23 - NON-DISCRIlVIINATION 23.1 The terms and conditions of this Agreement will be applied to employees equaliy without regard to, or discrimination for or against any individual because of, race, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform theix duties and responsibilities in a non-discriminatory manner � as such duties and resgonsibilities involve other emgloyees and the generai public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declared to be conuary to law by proper legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 24.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative, or judicial determination. -12- ARTICLE 25 - WAIVER 25.! The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement each had the right and opportuniry to make proposals with respect to any subject concerning the terms and conditions af employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in ttris Agreement. 25.2 Therefore, the Employer and the Union agree for the duration of tiris Agreement that the ather parry shall not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 253 Any and all prior ordinances, agreements, reso2utions, practices, policies, and rnles or regulations regarding the terms and condiuons of employment, to the extent they aze inconsistent with ihis Agreement, aze hereby superseded. ARTICLE 26 - CITY MILEAGE � 2b.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul � Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automabiles in the perfomiance of iheir duties, the foilowing provisions are adopted. 26.2 Method of Computation: To be etigible for such reimbursement, all officers and empIoyees must receive written anthorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIdNALLY during employment, the employee shaIl be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actualIy used in performing the duties of the employee's position. In addition, the empioyee shalI 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 employer vehicle is available for the empIoyee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. -13- °11-�^» � � ARTICLE 26 - CTTY MILEAGE (Continued) Type 2. If an employee is required to use histher own automobile REGULARLY during emp}oyment, the employee shaIl be reimbursed 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 employee is requ'ued to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the empioyee desires to use hislher own automobile, then the employee shall be reunbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 26.3 The Ciry will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their persona3 car available for Ciry business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the � requirement that recipients shali file daily reports indicating miles driven and shall file monttily affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liabiliry insurance in amounts of not less than $100,0001$300,OQ0 for personal injury, and $25,Q00 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additionai insured. These rules and regulations, together with ffie amendment thereto, shatl be maintained on file with the city clerk. ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in o�ce or willful or wanton neglect of duty, the Employer shall defend, save hannless and indemnify an employee andlor his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. -14- ARTICLE 27 - LEGAL SERVICES (Continued) 27.2 Notwithstanding the provisions of Arcicle 27.1, the Employer shali not be required to defend or indemnify any employee against personal Iiability, or damages, cosu or expense {a} resulting from a claim, suit, verdict, finding, determination or judgment thaz the employee has committed an intentional tort or torts, including but not limited to siander, Iibe1 and/or other defamatory harms; or (b) arising out of cross claims, caunierclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actuaIly convnenced} brought, made or insrituted by such employee. 27.3 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at iu sole discretion defend an emploqee atlegations, claims, detnands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the emgloyee may consent to the extent Iawfully permitted to such representation without regard to actual or potential conflicts of interest. � 27.4 Each employee, within 20 days after receiving notice of {i} a tort ciaim or demand, action, suit or proceediag against him or her, or (2) a judgment, verdict, fucding or determinaYion, either of which arises out of alleged or found acu or omissions � occurring in the performance or scope of the empioyee's daries, shall notify the City by giving written notice thereof to the Q�ce of the City Clerk. ARTICLE 28 - UNIFORM ALLt�WANCE 28.1 A uniform allowance base of three hundred and fifty-five dollazs ($355. W) as a clothing ailowance on a voucher system is established for 1486 for ali inspection employees of the Fire Prevention Division of the St. Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this cIoLhing alIowance shall be defined by the Empioyer. ARTICLE 29 - VACATION 29.1 Employees are required to take ten (10) days of nnpaid vacation per year. -15- °l� - �'�.�-°� � • ARTICLE 30 - DURATION AND PLEDGE 30.1 This agreement is effective the date of signing by the Employer and the Union and shali remain in effect ihrough the 30th day of April, 1999, and shali continue in effect from year to year thereafrer unless notice to change or to terminate is given in the manner provided in Articie 30. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parly wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninery (90) or less than sucry (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date. 30.3 In considerarion of the terms and conditions of empioyment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning its application or interpretation may be peacefuliy resolved, the parties hereby pledge that during the term of the Agreement: 30.3(i) 303(2) The Union and the employees will not engage in, insugate, or condone any concerted action in which employees fail to report for duty, wilifuily absent themselves from work, stop work, siow down their work, or absent themselves in whole or put from the full, faithfui performance of their duties of employment. The Employer will not engage in, instigate, or condone any lock-out of employees. 30.3(3) This consritutes a tentati�fe agreement between the parties which wili be recommended by the City Negotiator, but is subject to the appravai of the Administration of the Ciry and the City Council and is aiso subject to ra�ification by the Union. AGREED to thiso�th day of September, 1947 and actested 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. WITNESSES: CITY O� SAINT PAUL , Mary H. earney Director of Labor Relations UNITED ASSOCIATION PIPEFITTERS LQCAL UNION NO. 455 �2%� � �%2^��i�— Steven A. Tufenk Business Representative -16- �i'1 -1'� 2 q • APPENDIX A The classes recognized by the Employer as being exclusively regresented by the Union are as follows: I.ead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter and other classes that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. r L_ - A1 - h'1 - �a z 1 • APPENDIX B • 1 6'folding ruler : `t�-� � \J APPENDIX C 1. The basic hourly wage rates fot temporary employees appointed to Yhe following classes 2. shail be: Effective 04/26/97 $27.37 $28.3? Mechanical Inspector Senior Mechanical Insp.-Pipefitter The basic hourly rate for temporary employees whose length of employment and earnings require that they be suhject to Pubiic Empioyees Retirement Association (PERA) contributions shall be the above temporary rate divided by 1.0448. Effective O1f01/98, this rate shall be increased to 1.0518. The basic hourly wage rate for provisional, probationary and regular employees Bffective Q ro 1� 1i9g $26.02 $2b.97 appointed to the following ciasses shall be as follows: Mechanical Inspector Senior MechanicalInsp.-Pipefitter Effectrve 04126197 $26.20 $27.15 Ali rates include the $4.37 per hour taYable contributions listed in Appendix D. EfFective 04/25/98, there will be an additional $1.13 per hour added to the total package. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. In tY�e event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that are listed in Appendix D increased or decreased during che contract period, the hasic hourly wage rate shall be reduced or increased by the sazne amount so that the total cost to the Employer remains unchanged. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The zates listed under the column Ol(Ol/98 reflect tlris change. - Cl - °l� - ��? � � APPEI�iDIX D Effective April 26, 1997, the Empioyer shall: (i) Contribute $4.25 per hour to a Union designated Credit Union, for all hours paid to employees. A payroli deduction in this amount shatl be made from the hourly rates listed in Appendix C. (2) Conuibute $.12 per hour to a Union designated Working Fee Fund, for all hours paid to employees, A payroll deduction in this amount shali be made from the hourly rates listed in Appendix C. (3) Contribute $3.0� per hour to a Union designated Health and Welfare Fund for all hours paid to employees. (4) Contribute $4.53 per hour to a Union designated Pension Fund for all hours paid to employees. (5) Contribute $.13 per hour to a Journeyman and Apprenticeship Training Fund for all hours paid to employees. • AII contributions made in accordance with this Appendix D shall be forwarded to the Twin City Pipe Trades Service Association. The Empioyer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to empioyees is limited to the contributions and/or deductions established by this Agreement. The actual ]evel of benefits provided to emgloyees shail be the responsibility of ihe Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � - Dl - �l1 • �'�b�t i APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSFECTORS, MECHANICAL II�SPECTORS, REFRIGERATION INSPECTORS A23D GAS BiJR23ER INSPECTORS As a result of the 1974 settlement, the Parties have established craft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and C:as Bumer Inspectors, with specific nnderstanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that ffie Employer in applying Article 3(EMPLOYER RIGHTS} of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not resuit in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional ciaims or restrictions be asserted by the Union because members of various Inspector ciassifications are assigned to work which is also performed by other Inspector classifications. . - EI- Council File # � (.'��1,q Green Sheet # 40116 `, . :y � , - Presented bv � Referred To 1 2 R3 � Committee Date �a RESOLVED, that the Council of the City of Saint Paul herebp approves and ratifies the attached May 1, 1997 through April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and United Association Fipefitters Local Union No. 455. Requested by Deparknent of: O�ce of Labor Relations �• �� i' _ � � Form Appr ved by Ci Attorney By: � �-��'�- \--1 Adoption Certified by Council Secretary � Appi � Approv by Su fn'�s'� n to Council By: Adopted by Council: Date � c� .\ S �°�q� � DEPAR7'MENTJOFFICFJCOIINCIL: LABOR RELATIONS CONTACf PERSON & PHOPIE: JIJLIE KRAUS 266-6513 MUSf BE ON COUNCIL AGENDA BY (DATE) �� q � TOTAL#OFSIGNATURE °A� IN`T'`'�D I GREEN SHEET 9f25/97 A'ITIAL/DATE No.: 40116 �t't - i a�q INI1'IALDATE ASSIGN 1 DEPARI'MENT DIl� 4 CTTY COUNCII. NIpI11BER 2 CITY ATTORNEY �_ y.(� CRY CLERK FOR BU�GET DIR � FIN. & MGT. SERViCE DIR ROUTING 3 MAYOR (OIL ASST.) ORDER ALL LOfATIONS FOR acnoxxEQUES�n: This resolution approves the attached May 1, 1997 through Apri130, 1999 Maintenance Labor Agreement between the City of 5aint Paul and United Association Pipefitters Locai LTnion No. 455. RECONA4ENDATTONS: Approve (A) or Reject (A) _PLANNSNG COMMISSION _CML SERVICE COMMISSIOF _CIB COMbIIl'TEE _STAFF _DIS7RICT COURT SUPPORTS WFIICACAUNCILOB7ECTSVE? PERSONAL SERVICE CONTAACTS MUST ANSWER TIIE FOLLOWING QUESCIONS: 1. Has this persoNfirm ever worked under a contraM for this depaziment? Yes No 2. Flas this personfficm ever been e city employee? Yes No 3. Dces this pe[sonlficm possess a skilt not no[mally possessed by any cumnt eity Yes No Ezplain all yes answers on separate sheet and attach to greea sheet INI'i'IA7'Q3G PROBLEM, ISSUE, OPPORTUNTTY (W ho, W Lat, W6en, W 6ere, Why): 5��p'�is'4i :l.*�'va.�.+��°`�'a,'�_ Ls�sEx�w3'� �_ 2 9 €�97 ADVANTAGES IF APPROVED: DLSAAVANTAGES IF APPROVED: DISADVANTAGES [F NOT APPROVED: TOTAL AMOi7NT OF TRANSACTSON: F[JNDING SOURCE: COST/REVE!VL1E BUDGETED: ACf[VI'S'Y NUMBER: FWANCIAL INFORMATION: (EXPLAIN) ATTACHMENT TO GREEN SHEET � ` � aa °� Below represents the changes for the 1997-1999 Collective Bargaining Agreement between the City of Saint Paul and the United Association Pipefitters I.ocal Union No. 455. Waees The City agreed to the prevailing wage rate. Vacation Changes were made ensuring the use of vacation. F:�I.ABRELICONTRACT�PIPEFI1111947-49WTTACH96 . y ` „- � l {� �+. (' v. ... , . ...- — Y ` r �� - ��.�� — ) � - � - _ � � _ � � �_ .E�,� � � ' = -� � F S �.> � ��`-� � Y9�� :, ��I f��iTf� 3Q� ��4 ; _ :. -, - � <: `= ; . �� - _ >F � > � � � _ , „ ,. .. r -, -- „ , � � � � �� -.._.r.� . �x �. ,�',: . . .. .� _. .� , _ _ _ _ "... _ . �_.,�.�. � ...�..�_.. . ,.��.,..,�,.� -.,... _ : ,..� - -- ,,...-rc�. ,;, :c; -`µ::: ' :. � ':'.: .' ,,.. � .. d .._. , .� , z_ � —. .. .. � , n _._ -� ".+ >_ m a� -��a�l ��X C • ARTICLE TITLE PAGE Preambie .............. ....................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationaty Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Philosophy of Empioyment and Compensation . . . . . . . . . . . . . . . . 3 8 HoursofWork ....................................3 9 Overtime ........................................4 10 Call In/Ca11 Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 VJages ..........................................5 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Selection of Foreman and General Foreman . . . . . . . . . . . . . . . . . . 5 14 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 16 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 17 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 7urisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S 19 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 20 Tools ...........................................9 21 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 22 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 23 Non-discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 24 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 25 Waiver .........................................13 26 City Mileage Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 27 I.egal Services . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 28 i3niform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 29 Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 30 Duration & Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Appendix ..................................... A1 Appendix B ......................................B1 Appendix C ......................................C1 Apgendix D ..................................... D1 Appendix E ......................................Ei � %'1 .t�Z7 .. , �. This Agreement is entered into between the City of Saint Pau1, hereinafter referred to as the Employer and the United Association Pipefitters Local Union No. 455, hereinafter refened to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. • The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between peogle at ali levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees wili best serve the needs of the general public. ii ARTICLE 1 - PURPOSE 1.1 The Empioyer and the Union agree that the purpose for entering into this Agreement is to: Z.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest level af employee performance that is consistent with the safety and well-being of all concerned; 11(2} Set forth rates of pay, fiours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; 1.1{3) Estabtish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. !.2 The Emgioyer and the Union agree that this AgreemenF serves as a supplement to legislation that creates and directs the Employer. If any part of tlus 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 24 (SEVERABILITY). ARTICLE 2 - RECOGNTTION � 2.1 The Employer recognizes the Union as the exclusive representative for collective � bargaining purposes for ati personnel in the classes defined in Appendix A as certiFied by the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated April lb, Z973, if those personnel meet the statutory test for inclusion found in M.S. Z79A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facitities, and equipment; to esrablish funcrions and programs; to set and amend budgets; to detemrine the utilization of technology; to estabiish and modify the organizational structure; to se3ect, direct, and determine the number of personnel; and to perform any inherent managerial function nat specifically timited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish folIowing written notifcation to the Union. �� 9� . �'s1 y � ARTICLE 4 - IJNION RIGH'TS 4.1 The Employer shalt deduct an amount necessary to cover monthly Union dues from the wages of employees who provide written authorization for such a deduction. These deductions shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues for any other labor organization from the wages of employees covered by this Agreement. 4.1(2) The tinion shall indemnify and save harmless the Employer from any and all clauns or charges made against the Employer as a result of the implementation of trus Article. 4.2 The Union may designate one (1) employee from ffie bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 21 {GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Bmployer supervisor, the Business Manager of the Union, or histher designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement are working. � ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined hy M.S. 179.63, Subd. 18 for all employees exclusivety represented by the [Tnion. This Agreement shall supersede such "terms and conditions of empioyment" estabiished by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shatl serve a six (6) months probationary period during which time the empioyee's fitness and ability to perform the duties and responsibilities of the position shali be evaluated. 6.1(1) At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to ffie provisions of Article 21 (GRIEVANCE PROCEDi3RE). 61(2) An employee terminated during the probationary period shali receive a written notice of the reason(s) for such ternunation, a copy of which shall be sent to the Union. -2- ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 Ail personnel promoted to a higher class shaIl serve a six (6) month promotional pzobationary period during which time the employee's fitness and ability to perform the duties and responsibilities of the position shall be evaluated. 6.2(I) At any time during the promotional probationary period an employee may be demoted, at the discretion of the Employer, to the employee's previossly held ciass wittsout appeal to the provisions of Articie 22 (GRIEVANCE PROCEDURE). b.2(2) An employee 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- PHILOSOPHY OF EMPLOYMENT & COMPENSATION 7.1 The Employer and the Union are in futl agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. � 7.2 The Empioyer shall compensate empioyees for all hours worked at ihe basic hourly wage rate and hourly fringe benefit rate as found in Articles II (WAGES} and 12 � (FRINGE BENEFTTS). 7.3 No other compensation or fringe benefit shalI be accumulated or earned by an employee except as specificaIly provided for in this Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day shatl be eight (8j consecudve hours per day, excluding a chirty (30) minute ungaid lunch period, between 7:00 a.m. and 5:3Q p.m. 8.2 The nom�al work week shail be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of tkus Agreement, it is necessary in the Employer's judgment to estabiisfi second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees to immediately enter into negotiations to establish such conditions. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. -3- ARTICLE 8- HOURS OF WORK (Continued) 9� - ��.a9 • 8.5 Ail 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 ditected by their supervisor. 8.6 All employees are subject to call-back by the Employer as provided by Article 10 (CALL INlCALL BACK). 8.7 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 fiourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - OVERTIl��E 9.1 All overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored 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 agproval has been obtained. � 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shail be paid for work perforzned under the following circumstances: 9.2(1} Time worked in excess of eight (8) hours in any one normal work day and, 9.2(2) Time worked in excess of forty (40) haurs in a seven (7) day period. 9.3 For the purposes of caicu3ating overtime compensation overtime hours worked shall not be"pyramided," or compounded. No employee shall be paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time as determined by the Employer. ARTICLE 1Q - CALL IN/CALL BACK 10.1 The Employer retains the right to caIl in or call back employees before an employee has started a normal work day or normal work week and after an employee has campleted a normal work day or norma2 work week. 10.2 Employees called in or called back shal] receive a minimum of four (4} hours straight time gay at the basic hourly rate, or shall be compensated in accordance with Article 9 (OVBRTIME), when applicable, whichever is greater. � ARTICLE 10 - CALL IN/CALL BACK (Continued) 10.2(1) Notwithstanding Article 10.2, empioyees called in four (4) hours or less prior to their normal work day shatl complete the normal work day and be compensated only for the overtime hours vrorked in accordance with Artic2e 9 {OVERTIME). ARTICLE 11- WAGES i 1.I The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an empioyee. 11.2 Effective 4/27/96, the parties agree to calculate the hourly wages for provisional, probationary, and regutaz empIoyees, for the cIasses listed in Appendix A, by dividing the temporary rate by 1.0448. Effective 01/01/98, this amount shali be increased to i.Q518. 11.3 Provisional, temporary, and regular employees shali be considered, for the purposes of this Agreement, parricipating emptoyees and sha12 be compensated in accordance with Arcicle 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by ftrticIe 12 (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The Employer shall make conuibutions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D for ali hours worked. ARTICLE 13-SELECTION OF FOREMAN AND GENERAL FOREMAN 13.1 The selection of personnel for positions in the class of Lead Fipefitter shaI1 remain solely with the Employer. 13.2 Positions in the class of Lead Pipefiiter shall be f�Iled by employees of the bargaining unit on a "temporary assignment." 13.3 A11 "temporary assignments" shaU be made only at the direction of a designated Employer supervisor. � . 13.4 Sach "temporary assignmenu" shall be made oniy in cases where the position is vacant for more than one (1) normaI work day. -5- �1� -��a °1 • ARTICLE 14 - HOLIDAYS 14.1 The following ten (10) days shall be designated as holidays: New Year's Day, 3anuary 1 Martin Luther King Day, Third Monday in 7anuary Presidents' Day, Third Monday in February Memorial I7ay, last Monday in May Independence Day, 7uly 4 Labor Day, first Monday in September Veterans' Day, November i l Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 14.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 14.3 The ten (10) holidays shali be considered non-work days. • 14.4 If, in the }udgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed in/called back" in accordance with Article 10 (CALL INlCALL BACK). 14.5 If an employee entitled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pemuts, or the employee shall be paid on a straight time basis for such hours worked, in addition to hisfher regular holiday pay. If an employee entiUed to a holiday is required to work on i3ew Year's Day, Memorial Day, Independence Day, Thanksgiving Day or Chrisrinas Day, he/she shali be recompensed for work done on this day by being granted compensatory time on a time and one-haif basis, or by being paid on a time and one-half basis for such hours worked, in addition to hislher regular holiday pay. Eligibility for Hotiday pay shall be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. � ARTICLE 15 - DISCIPLINARY PROCEDURE 15.1 The Employer shall have the right to impose discipiinary actions on emptoyees for just cause. 25.2 Discipiinary actions by the Employer shali include only the foliowing actions: 15.2(i} Oral reprimand. 15.2(2) Written reprimand. 15.2(3) Suspension. 15.2{4) Demotion. 15.2(5) Discharge. 15.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civii Service Commission, or a designated Board of Review, shaIl be the sole and exclusive means of reviewing a suspension, demotion, ar discharge. No appeal of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 21 {GRiEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK 16.1 Empioyees who aze unable to report for their normal work day have the responsibiliry to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 16.2 Failure to make such notification may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 26.3 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 17 - SE1vIORiTY 17.1 Seniority, for the purposes of ttris Agreement, shall be defined as follows: 17.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and atl class titles covered by this Agreement. 17.1(2) "Class Seniority" - The length of continuous regutar and probarionary service with the Employer from ihe date an employee was first appointed to a class ritle covered by this Agreement. Ci � �� °l1-�aa � � ARTICLE 17 - SENIORITI' (Continued) 17.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 17.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 17.4 In the event it is determined by the Employer that it is necessary to reduce the work force employees will be laid off by class Gtle within each department based on inverse length of "Class Seniority." Employees laid off shall have the right to reinstatement in any previousiy held lower paid class title, covered by this Agreement, provided su�h employee has greater "Class Seniority" than ffie employee being replaced. 17.5 The selection of vacation periods shall be made by ciass title based on length of "Class Seniority," subject to the approvai of the Employer. ARTICLE 18 - .TURISDICTION • 18.1 Disputes concerning work jurisdiction beriueen and among unions 9s recognized as an approprlate subject to determination by the various unions representing employees of the Employer. 1$.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 18.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutuaIly possible to resoive the dispute. Nothing in the foregoing shail resuict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 18.2 and 183 ahove shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PR(JCEDURES). 18.5 There shall be no work stoppage, slow down, or any disruption of work resuiting from a work assignment. � ARTICLE 19 - SEPAR.ATION 19.1 Employees having a probationary or regular etapIoyment status shaIl be considered separated from employment based on the following acTions: 19.1(i) Resignation. Employees resigning from employment shatl give written notice fourteen (14} calendar days prior to the effecuve date of the resignation. 19.1(2) Retirement. As provided in Article 14. 19.2(3) Discharge. As provided in Article 15 (DISCIPLINARY PROCEDURES) 19.1{4) Failure to Report for Duty. As provided in Articte 16 {ABSENCES FROM WORK). 19.2 Employees other ihan regular employees who have successfulIy completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. ARTICLE 20 - TOOLS 20.1 All employees shaIl personally provide themselves with the tools of the trade as Iisted in Appendix B. ARTICLE 21- GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the 5tewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Steward and of his/her successor when so named. 21.2 It is recognized and accepted by the Employer and ihe Union that the processing of grievances as hereinafter provided is limited by the job dnties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward invoIved and a grieving employee shall suffer no Ioss in pay when a grievance is processed during working hours, provided rhe Stewatd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EmpIoyer. C� • � °11 -1z a °� � ARTICLE 21- GRIEVANCE PROCEDURE (Continued) 21.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Section 15.3 (DISCIPLINARY PROCEDURES), for the processing of grievances, which aze defined as an alleged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the follawing procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's 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 vioIation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. � Step 2. Within seven (7} calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remaius unresolved, the Employer shall reply in writing to the i3nion within three (3) calendar days following this meeting. The i3nion may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven {7) calendar days following rec.�ipt of a grievance referred from Step 2 a designated Empioyer supervisor shail meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7} calendaz days following this meeting the Empioyer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of ihe 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 21- GRIEVANCE PROCEDURE (Continued} � Step 4. If the grievance remains unreso2ved, the Union may within seven (7) calendar days after the response of the Emp2oyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendaz days after notice has been given. If the garties fail to mutually agree upon an arbitrator within the said seven (7) day period, either garty may request the Public Empioyment Relations Board to submit a panel of five (5) arbivators. Both the Employer and the Union shaIi have the right to strike two {2} names fram the panei. The Union shai2 strike the first (lst) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nulIify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shalt consider and decide only the specific issue submitted in writing by the Employer and the Union and sttall have no � authority to make a decision on any other issue not so subraitted. The azbivator shaii be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application af laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) � days following close of the hearing or the submission of briefs by the parties, whichever be Iater, unless the parties agree to an extension. The decision shal] be based soleiy on the arbitrator's interpretation or app2ication of the express terms of this Agreement and to the facts of the grievance presented. The decision of the azbitraYOr shall be fmal and binding on the Employer, the Union and the emgloyees. 21.6 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 its own representative and witnesses. Ff either parry desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 2I .7 Tfie time limits in each step of flris procedure may be extended by mutual agreement of the BmpIoyer and the Union. -ii- �l1- �aa � � ARTICLE 22 - RIGHT OF SUBCONTRACT 22. i The Employer may, at any time during the duration of this Agreement, conuact out woxk done by the employees covered by this Agreement. In the event that such conttacting would resuit in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (9Q) calendar day notice of the intention to sub-contract. 22.2 The sub-conuacting 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. 14Q13. ARTICLE 23 - NON-DISCRIlVIINATION 23.1 The terms and conditions of this Agreement will be applied to employees equaliy without regard to, or discrimination for or against any individual because of, race, color, creed, sex, age, or because of inembership or non-membership in the Union. 23.2 Employees will perform theix duties and responsibilities in a non-discriminatory manner � as such duties and resgonsibilities involve other emgloyees and the generai public. ARTICLE 24 - SEVERABILITY 24.1 In the event that any provision(s) of this Agreement is declared to be conuary to law by proper legislative, administrative, or judicial authority from whose fmding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 24.2 The parties agree, upon written notice, to enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative, or judicial determination. -12- ARTICLE 25 - WAIVER 25.! The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement each had the right and opportuniry to make proposals with respect to any subject concerning the terms and conditions af employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in ttris Agreement. 25.2 Therefore, the Employer and the Union agree for the duration of tiris Agreement that the ather parry shall not be obligated to meet and negotiate over any term or conditions of employment, whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 253 Any and all prior ordinances, agreements, reso2utions, practices, policies, and rnles or regulations regarding the terms and condiuons of employment, to the extent they aze inconsistent with ihis Agreement, aze hereby superseded. ARTICLE 26 - CITY MILEAGE � 2b.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul � Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own automabiles in the perfomiance of iheir duties, the foilowing provisions are adopted. 26.2 Method of Computation: To be etigible for such reimbursement, all officers and empIoyees must receive written anthorization from the Department Head. Type 1. If an employee is required to use his/her own automobile OCCASIdNALLY during employment, the employee shaIl be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actualIy used in performing the duties of the employee's position. In addition, the empioyee shalI 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 employer vehicle is available for the empIoyee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. -13- °11-�^» � � ARTICLE 26 - CTTY MILEAGE (Continued) Type 2. If an employee is required to use histher own automobile REGULARLY during emp}oyment, the employee shaIl be reimbursed 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 employee is requ'ued to drive an automobile during employment and the department head or designated representative determines that an employer vehicle is available for the employee's use but the empioyee desires to use hislher own automobile, then the employee shall be reunbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. 26.3 The Ciry will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their persona3 car available for Ciry business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement, which regulations and rules shall contain the � requirement that recipients shali file daily reports indicating miles driven and shall file monttily affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liabiliry insurance in amounts of not less than $100,0001$300,OQ0 for personal injury, and $25,Q00 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additionai insured. These rules and regulations, together with ffie amendment thereto, shatl be maintained on file with the city clerk. ARTICLE 27 - LEGAL SERVICES 27.1 Except in the case of malfeasance in o�ce or willful or wanton neglect of duty, the Employer shall defend, save hannless and indemnify an employee andlor his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. -14- ARTICLE 27 - LEGAL SERVICES (Continued) 27.2 Notwithstanding the provisions of Arcicle 27.1, the Employer shali not be required to defend or indemnify any employee against personal Iiability, or damages, cosu or expense {a} resulting from a claim, suit, verdict, finding, determination or judgment thaz the employee has committed an intentional tort or torts, including but not limited to siander, Iibe1 and/or other defamatory harms; or (b) arising out of cross claims, caunierclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actuaIly convnenced} brought, made or insrituted by such employee. 27.3 Notwithstanding the provisions of Article 27.1 and 27.2, the employer may at iu sole discretion defend an emploqee atlegations, claims, detnands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the emgloyee may consent to the extent Iawfully permitted to such representation without regard to actual or potential conflicts of interest. � 27.4 Each employee, within 20 days after receiving notice of {i} a tort ciaim or demand, action, suit or proceediag against him or her, or (2) a judgment, verdict, fucding or determinaYion, either of which arises out of alleged or found acu or omissions � occurring in the performance or scope of the empioyee's daries, shall notify the City by giving written notice thereof to the Q�ce of the City Clerk. ARTICLE 28 - UNIFORM ALLt�WANCE 28.1 A uniform allowance base of three hundred and fifty-five dollazs ($355. W) as a clothing ailowance on a voucher system is established for 1486 for ali inspection employees of the Fire Prevention Division of the St. Paul Department of Fire and Safety Services covered by this Agreement. Items covered by this cIoLhing alIowance shall be defined by the Empioyer. ARTICLE 29 - VACATION 29.1 Employees are required to take ten (10) days of nnpaid vacation per year. -15- °l� - �'�.�-°� � • ARTICLE 30 - DURATION AND PLEDGE 30.1 This agreement is effective the date of signing by the Employer and the Union and shali remain in effect ihrough the 30th day of April, 1999, and shali continue in effect from year to year thereafrer unless notice to change or to terminate is given in the manner provided in Articie 30. 30.2 If either party desires to terminate or modify this Agreement, effective as of the date of expiration, the parly wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninery (90) or less than sucry (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or modified effective as of the expiration date. 30.3 In considerarion of the terms and conditions of empioyment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning its application or interpretation may be peacefuliy resolved, the parties hereby pledge that during the term of the Agreement: 30.3(i) 303(2) The Union and the employees will not engage in, insugate, or condone any concerted action in which employees fail to report for duty, wilifuily absent themselves from work, stop work, siow down their work, or absent themselves in whole or put from the full, faithfui performance of their duties of employment. The Employer will not engage in, instigate, or condone any lock-out of employees. 30.3(3) This consritutes a tentati�fe agreement between the parties which wili be recommended by the City Negotiator, but is subject to the appravai of the Administration of the Ciry and the City Council and is aiso subject to ra�ification by the Union. AGREED to thiso�th day of September, 1947 and actested 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. WITNESSES: CITY O� SAINT PAUL , Mary H. earney Director of Labor Relations UNITED ASSOCIATION PIPEFITTERS LQCAL UNION NO. 455 �2%� � �%2^��i�— Steven A. Tufenk Business Representative -16- �i'1 -1'� 2 q • APPENDIX A The classes recognized by the Employer as being exclusively regresented by the Union are as follows: I.ead Pipefitter Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter and other classes that may be established by the Employer where the duties and responsibilities assigned are determined by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. r L_ - A1 - h'1 - �a z 1 • APPENDIX B • 1 6'folding ruler : `t�-� � \J APPENDIX C 1. The basic hourly wage rates fot temporary employees appointed to Yhe following classes 2. shail be: Effective 04/26/97 $27.37 $28.3? Mechanical Inspector Senior Mechanical Insp.-Pipefitter The basic hourly rate for temporary employees whose length of employment and earnings require that they be suhject to Pubiic Empioyees Retirement Association (PERA) contributions shall be the above temporary rate divided by 1.0448. Effective O1f01/98, this rate shall be increased to 1.0518. The basic hourly wage rate for provisional, probationary and regular employees Bffective Q ro 1� 1i9g $26.02 $2b.97 appointed to the following ciasses shall be as follows: Mechanical Inspector Senior MechanicalInsp.-Pipefitter Effectrve 04126197 $26.20 $27.15 Ali rates include the $4.37 per hour taYable contributions listed in Appendix D. EfFective 04/25/98, there will be an additional $1.13 per hour added to the total package. The parties will agree prior to that date as to the distribution of the increase between the wages and fringes. In tY�e event that the Union elects to have the fringe benefits contributions made by the Employer for such employees that are listed in Appendix D increased or decreased during che contract period, the hasic hourly wage rate shall be reduced or increased by the sazne amount so that the total cost to the Employer remains unchanged. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The zates listed under the column Ol(Ol/98 reflect tlris change. - Cl - °l� - ��? � � APPEI�iDIX D Effective April 26, 1997, the Empioyer shall: (i) Contribute $4.25 per hour to a Union designated Credit Union, for all hours paid to employees. A payroli deduction in this amount shatl be made from the hourly rates listed in Appendix C. (2) Conuibute $.12 per hour to a Union designated Working Fee Fund, for all hours paid to employees, A payroll deduction in this amount shali be made from the hourly rates listed in Appendix C. (3) Contribute $3.0� per hour to a Union designated Health and Welfare Fund for all hours paid to employees. (4) Contribute $4.53 per hour to a Union designated Pension Fund for all hours paid to employees. (5) Contribute $.13 per hour to a Journeyman and Apprenticeship Training Fund for all hours paid to employees. • AII contributions made in accordance with this Appendix D shall be forwarded to the Twin City Pipe Trades Service Association. The Empioyer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to empioyees is limited to the contributions and/or deductions established by this Agreement. The actual ]evel of benefits provided to emgloyees shail be the responsibility of ihe Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � - Dl - �l1 • �'�b�t i APPENDIX E WORKING CONDITIONS FOR SENIOR MECHANICAL INSFECTORS, MECHANICAL II�SPECTORS, REFRIGERATION INSPECTORS A23D GAS BiJR23ER INSPECTORS As a result of the 1974 settlement, the Parties have established craft determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and C:as Bumer Inspectors, with specific nnderstanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that ffie Employer in applying Article 3(EMPLOYER RIGHTS} of the Maintenance Labor Agreement, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not resuit in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional ciaims or restrictions be asserted by the Union because members of various Inspector ciassifications are assigned to work which is also performed by other Inspector classifications. . - EI-