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97-829Council File # �� ' � � �_`' ` ' ? ss � ai 4\l�'f t�+��";y_ Presented Refesed To Green Sheet # 35897 MINNESOTA , 5 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 October 1,1996 through September 3Q 1998 Maintenance Labor Agreement between the City of Saint Paul and Intemational Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers Lodge e�, Requested by Deparhnent of: Office of Labor Relations � Approved by ��Datg _Z By: l/LtGZ�.� "'x"' i1" Form Appr ed ty Attorney By: _ 'vl �� Approv by l�r for b ission to Council � By: �C/G � Adopted by Council: Date q Adoption Certified by Council S retary ' DEYARTMENT/OFFICE/COUNCIL: DATE A'ITSA7'ED GgEEN SHEET No.: 35897 q�.. �a� LABOR I2ELATIONS June 16, 1997 CONTACT PERSON & PHONE: � IN�TTnunwrE iNmnuunTe JLTLIE KRAt3S 266-6513 �IGN I DEPARTMENT DIR. 4 CITY COUNCIL N'UMBER 2 CITY ATTORNEY � CI"rY CLERP D1[iSC BE ON COLNCIL AGE?tBA BY (DATE) FOR UDGE'f' DIR. FiN. & MGT. SERVICE DI&. ROUTING YOR (OR ASST. ORDER 3'OTAL #t OF SIG1�:4TURE PAGES_1 (CLIP ALL LOCA'S70NS FOR SIGNAI'i7RE) acrTOx xEQUESrEn: This resolution approves the attached October 1, 1996 through September 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Intemational Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers I,odge #647. RECOMb1ENDA770NS: Approve (A) or Reject (I2) PERSONAL SERVICE CONTR.4CTS MUST ANSWER T1SE FOLLOWING QUESTIONS: _PLANNING COMMISSION CIVIL SERVLCE COMMISSTON 1. Has this person/fi�m ever worked under a conVact for this department? CIB COMMITTEE Yes No STAFF 2. Has this personlfimi ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WHICH COIJNCIL QBJECTIVE? 3. Does this penon/firm possess a skill not normally possessed by any cuaent city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM,ISSUE, OPPORTUI�I7'P (Who, What, When, Where, Why): „DVANTAGESIFAPPRQVED: � � � �� .�r�� ; JUPJ 17 1997 DISADVANTAGESffiAPPROVED: �` �� DISADVANTAGESIFNQ'I'APPROVED: �� UN � � 't��7 � TOTALAMOUN7'OFTItANSACTION: � �'„��•�'�� FUNDING SOURCE: ' " ACTMTY NUMBER: FINANCIAL INFOR'NATION: (EXPLAIIh �\ �._ �� h : +b., �...� ' . ' - - . �. - , ;' : . . ,; ��v �� ;._. - >OCTOBER 1;199G TI3ROITGH SEPTEMBER 3A, 1998 -. _ `- 1VI�INTENA�TCE LABtaR A�I��11�IEN� - - - � < , _ _ ..__ w Y , t _ & � -"befween _ . � �� - ; �. _ � ` � �� > TI�E GI�Y=�� St�.Il�I� i'A��: ; � �, - } f � - -_ > - + "� . ._ � ' .:- � . :: _ _ , aa�Cl � _ -��` �> � ` �� - � - r '�" , � y G ..< t — , INT�R�V'��TO�VAL B3��T�RHQaD C3� BOIL�R"�VIAK�I�S, � �� _ � � , _ r a a.� r 5 . - ' — b. � • � ` ��. a .� 1 A � � w_ � A. , c Y � _ . _' '� - _ ..� �. - . ... ': .. = I�0�3 5HiP�TJILD�R�, BL�CKSIY�ITHS, �ORGE�� 1ND � , } , I�i.�E�tS, � � - > - . :. �_ �. - � _ �- � � _. :. . _ : $ �3 t ° I:OI�GE 647 �.w ,=_ _ ,, � �� _. — � ._, s .:��; , :_ � _ - s ;, < � _ � , �� a f' Y a� -�a-°� INDEX ARTICLE TITLE PAGE Preamble ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Bmployer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Overtttne ........................................5 9 Call Back/Call In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Wages ..........................................5 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Insurance ........................................7 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Toois ..........................................i2 21 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Nondiscrunination ................................. 15 24 Severabiliry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 Waiver .........................................16 26 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B ......................................Bi Appendix C ......................................C1 � '� ` 17-�-9 PREAMBLE This Agreement is entered into between the Ciry of Saint Paul, hereinafter referred to as the Employer and the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647, hereinafter referred 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 5aint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but rather prnnarily on attitudes between peopie at all levels of responsibility. Constructive attitudes of the City, the Union, and the individuai employees will best serve the needs of the generai public. ii {. 9��9 ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of a11 concemed; i.l(2) Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; i.l(3) Estabiish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and ihe Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of ffiis 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 (SEVBRABILITY). ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional and temporary empioyed in the classes defined in Appendix A as certified by the Bureau of 1Vlediation Services in accordance with Case No. 74-PR-60-A dated August 8, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabtish and modify the organizationai structure; to select, direct, and deternune the number of personnel; and to perform any inherent managerial function not specificaily limited 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 notification to the Union. -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(i) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save hazmtess the Employer from any and all claims or charges made against the Employer as a result of the impiementation of ttris Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EmpIoyer in writing of such designation. This employee shall have the rights and responsibilities as designated in Article 21 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative sha12 be permitted to enter the facilities of the EmpIoyer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF TI� AGREEMENT 5. 2 This Agreement establishes the "terms and conditions of empioyment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" estabtished by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PKOBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEI?URE). -2- �, 9��s9 ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An empioyee ternunated during the probationary period shall receive a written notice of the reason(s) for such terniination, a copy of which shall be sent to the Union. b.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An empioyee demoted during the promotional probationary period shall be returned to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 7.2 The normal work week shail be five (5) consecutive normal work days, Monday through Friday. 13 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third stufts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 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. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All empioyees are subject to cail back by the Employer as provided by Article 9(CALL BACK/CALL IN). -3- ARTICLE 7- HOURS OF WORK (Continued) 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIlVIE 8. 2 A21 overtime compensated for by the Emploqer must receive prior authorization from a designated Employer supervisor. No overtime work claun wiil be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even thoagh shown on the time card, unless ttte required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the Following circtunstances: 8.3(1) Time worked on a seventh (7th} day foIlowing a normal work week; and 83(2) Time worked in excess of twelve (12) consecuuve hours in a twenry-four (24} hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). The time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. 8.4 For the purposes of calculating overtime compensation, overtime hours Worked shall not be "pyramided" compounded, or paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. � �. 97-�r'�9 ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Empioyees cailed in or called back shall receive a minimum of four (4) hours straight tune pay at the basic hourly rate or shall be compensated in accordance with Articie 8 (OVERTIME), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 11.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.2(1) Insurance benefits as described in Article 14. 11.2(2) Sick I,eave as established by Resolution No. 3250, Section 20. 11.2(3) Vacation as established by Saint Paul 5alary Plan and Rates of Compensation, Section 1, Subdivision A. 1L2(4) Ten (10} legal holidays as established by Saint Paui Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as described in Article 27. -5- ARTICLE 11 - WAGES (Continued) 11.3 Regalar employees noi covered by the fringe benefits listed in Article 11.2 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 {FRINGE BENEFITS). 11.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions andlor deductions made on their behalf as provided for by Article IZ (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The EmpIoyer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix C for all hours worked. ARTICLE 13 - HOLIDAYS 13.1 The foilowing ten (10) days shall be designated as holidays: New Year's Day, January Martin Luther King Day, 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Iast Monday in May Independence Day, July 4 Labor Day lst Monday in September Veterans' Day, November 11 Thanksgiving Day 4th Thursday in November Day ABer Thanksgiving 4th Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shali be cansidered the designated holiday. When any of these three (3) holidays fails on a 3aturday, the preceding Friday shall be considered Yhe designated holiday. � 9 7-�--9 ARTICLE 13 - HOLIDAYS (Continued) 133 The ten (l�) holidays shall be considered non-work days. 13.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called in or called back" in accordance with Article 9(CALL BACK/CALL IN}. 13.5 Participating employees as defined in Articles 11.3, 11.4 and 11.5, assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving shall be compensated on a straight time basis for such hours worked. 13.6 Such Particigating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 13.7 If an employee other than a Participating employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' 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 permits, or he/she shali be paid on a straight tune basis for such hours worked, in addition to his/her regular holiday pay. If an employee other than a participating employee entitied to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, I.abor Day, Thanksgiving Day or Christmas Day, he/she shail be recompensed for work done on this day by being granted compensatory tune on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for holiday pay sha11 be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 11.2 (City benefits). -7- ARTICLE 14 - INSiTRANCE (Continued) The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely conuolled by the contracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For empIoyees who select single coverage, the EmpIoyer will conuibute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Empioyer wil] provide $5,000 of Yerm life insurance for each employee. Betiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligible for the Empioyer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed his/her relauonship with the Ciry of Saint Paul under one of the retiree plans, and 14.2(3) Have severed ]vs/her relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. Early Retirees (under age 6� 14.3 For those employees who retire before age 65 and are eligible for early retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixry-five (65) years of age, the Employer shall continue to make ihe same contribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Employer wi11 contribute 100% of the premium cost for single coverage. For early retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. The Employer will aiso continue life insurance benefits for eligible early reurees in the same amount as provided to them as active employees. Life insurance benefits terminated at age 65. When such early retiree attains age 65,the provisions of Article 14.4 shall apply. �� . 9 �-�'-�.9 ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(i) For such employees who retire on or before December 31, 1995, the Employer agrees to conuibute 100% of the single or dependent premium cost for any health nvsurance plan offered to regular retirees and their dependents. This Article shall also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical bene�its which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintaln City health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Article 14 shall be paid to the Employer's third party admuustrator or designated representative. � ARTICLE ZS - DISCIPLINARY PROCEDURES 15.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the Empioyer shaII incIude only the folIowing actions: 15.2(1) Oral reprimand 15.2(2) Written reprimand 15.2(3) Suspension 15.2(4) Demorion 15.2(5) Discharge 25.3 Employees who are suspended, demoted, or discfiarged shall have the right to request that such actions be reviewed by the Civii Service Commission or a designated Board of Review. The Civil Service Comtnission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demorion, or discharge sha11 be considered a"grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK 16.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 26.2 Faiture to make such notifcation may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 163 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. -10- 9 �-��-9 ARTICLE 17 - SE1vIORTTY 17.1 Seniority for the purposes of this Agreement, shall be defined as foilows: 17.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 171(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 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 thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 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 wil] be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off shail have the right to reinstatement in any lower-paid class title previously held, provided the employee has greater "Class Seniority" than the employee being repiaced. 17.5 The se]ection of vacation periods shali be made by class title based on length of "Ciass Seniority", subject to the approval of the Employer. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of The Empioyer. 18.2 The Empioyer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. -11- ARTICLE 18 - JURISDICTION (Continued) 18.3 In the event of a dispnte concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possibte to resolve the dispaTe. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to a'ssign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarifed by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDURES). 18.5 There shall be no work stoppage, slow down, or any disreiption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following sections: 19.1(1) Resignation. Employees resigning from employment sha12 give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.1(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Dury. As provided in Article 16. 19.2 Employees having a temporary or grovisional employment status may be terminated at the discretion of the Bmployer before the completion of a normal work day. ARTICLE 2Q - TOOLS 20.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. -12- 9� �,�9 ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of hislher successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a gr3evance and that such absence would not be deuimentai to the work programs of the Empioyer. 21.3 The procedure established by this Article shali be the sole and exclusive procedure, except for the appeai of disciplinazy action as provided by Article 153, for the processing of grievances, which are defined as an aileged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the foliowing 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 Clnion. The written grievance shail set forth the nature of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendu 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 ihe fust 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 resuit of this meeting, the grievance remains unresolved, the Employer shail reply in writing to the Union within three (3) calendar days following this meeting. -13- 9 ARTICLE 21 - GRIEVANCE PROCEDURE (Continaed) The Union may refer the grievance in writing to Step 3 within seven (7} caIendar 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 receipt of a grievance referred from Step 2 a designated EmpIoyer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resoive the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) caIendar days a8er the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutuaIly agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall suike the first (lst) name; the Employer shaIl then suike one (1) name. The process wiil be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specifc issae submitted in writiag by the Employer and the Union and shall have no authoriry to make a decision on any other issue not so submitted. The arbitrator shalI be without power to make decisions conuary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. -14- 9 �-�,� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) The arbitrator's decision shall be submitted in wriring within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the arbivator's services and proceedings shall be bome equally by the Employer and the Uzuon, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any tune during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such conuacting would result in a reductlon of the work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases by made only to employees who qualify in accordance with Ordinance No. 14013. ARTICLE 23 - NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be appiied to empioyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disabiliry, or because of inembership or non-membership in the Union. 23 .2 Emgloyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -15- ARTICLE 24 - SEVERABILITY 24.I In the event that any provisions(s) of ttus Agreement is declared to be contrary to law by proper legislauve, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administtative, or judicial determination. ARTICLE 25 - WAIVER 25.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportuniry to make proposals with respect to any subject concerning the terms and conditions of employment The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shali 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 the EmpIoyer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and all prior ordinances, agreements, resotutions, practices, poticies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reunbursement, all officers and employees mast receive written authorization from the Department Head. -16- . ��-�,� ARTICLE 25 - CITY NIII.EAGE (Continued) Type i. If an employee is required to use Yuslher own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is acttially used in performing the duties of the employee's position. In addition, the employee shall be reirubursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternunes that an employer vehicle is availabie for the employee'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. Type 2. If an empioyee is required to use his/her own automobile REGL3LARLY during employment, the employee shall 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 required to drive an automobile during empioyment and the department head or designated representative determines that an employer vehicie 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. This Articie 26.2 shall become effective on the first day of the first month following the date of the signing of this Agreement. 26.3 The City will provide parking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reunbursement, which regulations and rules shali contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personai injury, and $25,000 for properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and zegulations, together with the amendment thereto, shall be maintained on file with the Ciry Cierk. -17- ARTICLE 27 - SEVERANCE PAY 27.1 The employer shali provide a severance pay program as set forth in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.2(1) The empioyee must be 58 years of age or otder or must be eligible for pension under the "rute of 85" or "rule of 90" provisions of ttie Pubiic Empioyees Ret'uement Association (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PE12A. 27.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 27.2(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this ArticIe, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requiremeni. 27.2(4) The empioyee must file a waiver of reemployment with the Director of Auman Resources, which will clearly indicate that by requesting severance pay, the employee waives aIl claims to reinstatement or reemployment (of any type), with the Ciry or with Independent SchooI District No. 625. 27.2(5) The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the tune of his/her separation from service. 27.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the emgloyee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 27.4 The maximum aznount of money that any employee may obtain through this severance pay program is $10,000. � ,. 9�-�a-y ARTICLE 27 - SEVERANCE PAY (Continued) 27.5 For the purpose of this severance prograzn, a death of an employee shall be considered as separation of empioyment, and if at the tune of his or her death the empioyee would have met all of the requirements set forth above, payment of the severance pay will be made to the employee's estate or spouse. 27.6 For the purpose of this severance program, a uansfer from the City of Saint Paul employment to Independent Schooi District No. 625 employment is not considered a separation of empioyment, and such transferee shall not be eligible for the City severance program. 27.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 27.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 27.9 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of tlus article or City Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the ordinance shall constitute a bar to receiving severance pay from the other. ARTICLE 28 - DURATION AND PLEDGE 28.1 The Employer and the Union acknowiedge 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 of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsisteni with this Agreement are hereby superseded. In those areas where Civil Service Rules are consistent with this Agreement the Civil Service Rules sha11 continue to be in effect. 28.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through September 30, 1998, and thereafter until modified or amended by mutual agreement of the parties. -19- 9 �-�'�-9 ARTICLE 28 - DURATION AND PLEDGE If either party desires to terminate or modify this Agreement, effecrive as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 283 In consideration of ihe terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning iu application or interpretation may be peacefully resolved, the parties hereby pledge thai during the term of the Agreement: 28.3(i) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 283(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 283(3) This constitutes a tentative agreement between the parties which will be recommended by the D'uector of Labor Relations, but is subject to the approval of the Administration of the City and is also subject to rat�cation by the Union. AGREED to this (��day of June, 1997, and attested to as the full and complete understanding of the parties for the period of time herein speciFied by the signature of the foilowing representative for the Employer and the t3nion: WITNESSES: CITY OF SAINT PAUL �'�.��/ Mary . Kearney Director of Labor Relations INTERNATIONAL BROTIiERHOOD OF BOILERMAKERS IItON SHII'BUII.,DERS, BLACKSMITFIS, FORGERS AND HELPERS, LODGE 647 �C�4�7 T--6 Paul Pendergast Business Manager/Secretary Treasurer -20- 9 �-��9 r_.�� .i�� ►:a� The classes of positions recognized by the Employer as being exclusively represented by the [Jnion are as follows: Blacksmith Trainee Boilermaker Blacksmith and other classes of positions that may be established by the Employer where duties and responsibilities assigned are deternuned by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. - A1 - . 9 ) APPENDIX B 1 � The basic houriy wage rate for temporary employees appointed to the following ciasses of positions shall be: Boilermaker Blacksmith Effective October 1, 1996 $21.70* $21.70* Effecrive October 1, 1997 $22.25* $22.25* Blacksmith Trainee; 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65% of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75% of Boilermaker rate The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown for such employees as listed in Section 2 of Appendix B (below). The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Boilermaker Blacksmith Effective October 1, 1996 $20.77* $20.77* Effective October i, 1997 $21.30* $2130* Biacksmith Trainee: 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65 % of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75 % of Boilermaker rate *This rate includes taxable vacation of $1.05. � 9 �-��-y APPENDIX B (Continued) 3. The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Articie 11.2 shall be: Effective October 1, 1996 Blacksmith $23.10 Biacksmith Trainee: 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65 % of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75% of Boilermaker rate Effective October 1, 1997 $24.12 The State of Minnesota is considering changing the Pubiic Empioyees Retirement Association (PERA) contribution rates for employers and employees. If the rates change, the rates listed above will change accordingly. : . r_.� � .i��i��►�i 9' 7-�.Z9 Effective October i, 1996, the Employer shali: (1) Contribute $3.25 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Health and Welfare Fund. Effective October 1, 1997, this contribution shall be increased to $3.55 per hour. (2) Contribute $2.40 per hour for alI hours paid to participaring empIoyees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement, to a Pension Fund. Effective October 1, 1997, this contribution shall be increased to $2.55 per hour. (3) Contribute $0.16 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Journeyman and Apprenticeship Training Fund. (4) Contribute $2.50 per hour for all hours paid to participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Boilermakers Annuity Trust Fund. Effective October 1, 1997, this contribution shali be increased to $2.80 per hour. (5) Deduct $1.05 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement. Monies deducted shall be forwarded to the Union's Vacation Fund. All contributions made in accordance with this Append'vc shall be forwarded to depositories as directed by the Union. The Employer shail establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 113, 11.4 and 11.5 covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance, or Council Resolution. The Employer's fringe benefit obligation to participating employees as defined in Articles 11.3, 11.4 and 11.5 is lunited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibiliry of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. - Cl - Council File # �� ' � � �_`' ` ' ? ss � ai 4\l�'f t�+��";y_ Presented Refesed To Green Sheet # 35897 MINNESOTA , 5 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 October 1,1996 through September 3Q 1998 Maintenance Labor Agreement between the City of Saint Paul and Intemational Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers Lodge e�, Requested by Deparhnent of: Office of Labor Relations � Approved by ��Datg _Z By: l/LtGZ�.� "'x"' i1" Form Appr ed ty Attorney By: _ 'vl �� Approv by l�r for b ission to Council � By: �C/G � Adopted by Council: Date q Adoption Certified by Council S retary ' DEYARTMENT/OFFICE/COUNCIL: DATE A'ITSA7'ED GgEEN SHEET No.: 35897 q�.. �a� LABOR I2ELATIONS June 16, 1997 CONTACT PERSON & PHONE: � IN�TTnunwrE iNmnuunTe JLTLIE KRAt3S 266-6513 �IGN I DEPARTMENT DIR. 4 CITY COUNCIL N'UMBER 2 CITY ATTORNEY � CI"rY CLERP D1[iSC BE ON COLNCIL AGE?tBA BY (DATE) FOR UDGE'f' DIR. FiN. & MGT. SERVICE DI&. ROUTING YOR (OR ASST. ORDER 3'OTAL #t OF SIG1�:4TURE PAGES_1 (CLIP ALL LOCA'S70NS FOR SIGNAI'i7RE) acrTOx xEQUESrEn: This resolution approves the attached October 1, 1996 through September 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Intemational Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers I,odge #647. RECOMb1ENDA770NS: Approve (A) or Reject (I2) PERSONAL SERVICE CONTR.4CTS MUST ANSWER T1SE FOLLOWING QUESTIONS: _PLANNING COMMISSION CIVIL SERVLCE COMMISSTON 1. Has this person/fi�m ever worked under a conVact for this department? CIB COMMITTEE Yes No STAFF 2. Has this personlfimi ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WHICH COIJNCIL QBJECTIVE? 3. Does this penon/firm possess a skill not normally possessed by any cuaent city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM,ISSUE, OPPORTUI�I7'P (Who, What, When, Where, Why): „DVANTAGESIFAPPRQVED: � � � �� .�r�� ; JUPJ 17 1997 DISADVANTAGESffiAPPROVED: �` �� DISADVANTAGESIFNQ'I'APPROVED: �� UN � � 't��7 � TOTALAMOUN7'OFTItANSACTION: � �'„��•�'�� FUNDING SOURCE: ' " ACTMTY NUMBER: FINANCIAL INFOR'NATION: (EXPLAIIh �\ �._ �� h : +b., �...� ' . ' - - . �. - , ;' : . . ,; ��v �� ;._. - >OCTOBER 1;199G TI3ROITGH SEPTEMBER 3A, 1998 -. _ `- 1VI�INTENA�TCE LABtaR A�I��11�IEN� - - - � < , _ _ ..__ w Y , t _ & � -"befween _ . � �� - ; �. _ � ` � �� > TI�E GI�Y=�� St�.Il�I� i'A��: ; � �, - } f � - -_ > - + "� . ._ � ' .:- � . :: _ _ , aa�Cl � _ -��` �> � ` �� - � - r '�" , � y G ..< t — , INT�R�V'��TO�VAL B3��T�RHQaD C3� BOIL�R"�VIAK�I�S, � �� _ � � , _ r a a.� r 5 . - ' — b. � • � ` ��. a .� 1 A � � w_ � A. , c Y � _ . _' '� - _ ..� �. - . ... ': .. = I�0�3 5HiP�TJILD�R�, BL�CKSIY�ITHS, �ORGE�� 1ND � , } , I�i.�E�tS, � � - > - . :. �_ �. - � _ �- � � _. :. . _ : $ �3 t ° I:OI�GE 647 �.w ,=_ _ ,, � �� _. — � ._, s .:��; , :_ � _ - s ;, < � _ � , �� a f' Y a� -�a-°� INDEX ARTICLE TITLE PAGE Preamble ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Bmployer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Overtttne ........................................5 9 Call Back/Call In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Wages ..........................................5 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Insurance ........................................7 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Toois ..........................................i2 21 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Nondiscrunination ................................. 15 24 Severabiliry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 Waiver .........................................16 26 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B ......................................Bi Appendix C ......................................C1 � '� ` 17-�-9 PREAMBLE This Agreement is entered into between the Ciry of Saint Paul, hereinafter referred to as the Employer and the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647, hereinafter referred 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 5aint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but rather prnnarily on attitudes between peopie at all levels of responsibility. Constructive attitudes of the City, the Union, and the individuai employees will best serve the needs of the generai public. ii {. 9��9 ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of a11 concemed; i.l(2) Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; i.l(3) Estabiish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and ihe Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of ffiis 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 (SEVBRABILITY). ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional and temporary empioyed in the classes defined in Appendix A as certified by the Bureau of 1Vlediation Services in accordance with Case No. 74-PR-60-A dated August 8, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabtish and modify the organizationai structure; to select, direct, and deternune the number of personnel; and to perform any inherent managerial function not specificaily limited 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 notification to the Union. -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(i) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save hazmtess the Employer from any and all claims or charges made against the Employer as a result of the impiementation of ttris Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EmpIoyer in writing of such designation. This employee shall have the rights and responsibilities as designated in Article 21 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative sha12 be permitted to enter the facilities of the EmpIoyer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF TI� AGREEMENT 5. 2 This Agreement establishes the "terms and conditions of empioyment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" estabtished by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PKOBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEI?URE). -2- �, 9��s9 ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An empioyee ternunated during the probationary period shall receive a written notice of the reason(s) for such terniination, a copy of which shall be sent to the Union. b.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An empioyee demoted during the promotional probationary period shall be returned to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 7.2 The normal work week shail be five (5) consecutive normal work days, Monday through Friday. 13 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third stufts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 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. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All empioyees are subject to cail back by the Employer as provided by Article 9(CALL BACK/CALL IN). -3- ARTICLE 7- HOURS OF WORK (Continued) 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIlVIE 8. 2 A21 overtime compensated for by the Emploqer must receive prior authorization from a designated Employer supervisor. No overtime work claun wiil be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even thoagh shown on the time card, unless ttte required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the Following circtunstances: 8.3(1) Time worked on a seventh (7th} day foIlowing a normal work week; and 83(2) Time worked in excess of twelve (12) consecuuve hours in a twenry-four (24} hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). The time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. 8.4 For the purposes of calculating overtime compensation, overtime hours Worked shall not be "pyramided" compounded, or paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. � �. 97-�r'�9 ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Empioyees cailed in or called back shall receive a minimum of four (4) hours straight tune pay at the basic hourly rate or shall be compensated in accordance with Articie 8 (OVERTIME), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 11.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.2(1) Insurance benefits as described in Article 14. 11.2(2) Sick I,eave as established by Resolution No. 3250, Section 20. 11.2(3) Vacation as established by Saint Paul 5alary Plan and Rates of Compensation, Section 1, Subdivision A. 1L2(4) Ten (10} legal holidays as established by Saint Paui Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as described in Article 27. -5- ARTICLE 11 - WAGES (Continued) 11.3 Regalar employees noi covered by the fringe benefits listed in Article 11.2 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 {FRINGE BENEFITS). 11.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions andlor deductions made on their behalf as provided for by Article IZ (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The EmpIoyer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix C for all hours worked. ARTICLE 13 - HOLIDAYS 13.1 The foilowing ten (10) days shall be designated as holidays: New Year's Day, January Martin Luther King Day, 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Iast Monday in May Independence Day, July 4 Labor Day lst Monday in September Veterans' Day, November 11 Thanksgiving Day 4th Thursday in November Day ABer Thanksgiving 4th Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shali be cansidered the designated holiday. When any of these three (3) holidays fails on a 3aturday, the preceding Friday shall be considered Yhe designated holiday. � 9 7-�--9 ARTICLE 13 - HOLIDAYS (Continued) 133 The ten (l�) holidays shall be considered non-work days. 13.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called in or called back" in accordance with Article 9(CALL BACK/CALL IN}. 13.5 Participating employees as defined in Articles 11.3, 11.4 and 11.5, assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving shall be compensated on a straight time basis for such hours worked. 13.6 Such Particigating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 13.7 If an employee other than a Participating employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' 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 permits, or he/she shali be paid on a straight tune basis for such hours worked, in addition to his/her regular holiday pay. If an employee other than a participating employee entitied to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, I.abor Day, Thanksgiving Day or Christmas Day, he/she shail be recompensed for work done on this day by being granted compensatory tune on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for holiday pay sha11 be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 11.2 (City benefits). -7- ARTICLE 14 - INSiTRANCE (Continued) The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely conuolled by the contracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For empIoyees who select single coverage, the EmpIoyer will conuibute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Empioyer wil] provide $5,000 of Yerm life insurance for each employee. Betiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligible for the Empioyer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed his/her relauonship with the Ciry of Saint Paul under one of the retiree plans, and 14.2(3) Have severed ]vs/her relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. Early Retirees (under age 6� 14.3 For those employees who retire before age 65 and are eligible for early retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixry-five (65) years of age, the Employer shall continue to make ihe same contribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Employer wi11 contribute 100% of the premium cost for single coverage. For early retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. The Employer will aiso continue life insurance benefits for eligible early reurees in the same amount as provided to them as active employees. Life insurance benefits terminated at age 65. When such early retiree attains age 65,the provisions of Article 14.4 shall apply. �� . 9 �-�'-�.9 ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(i) For such employees who retire on or before December 31, 1995, the Employer agrees to conuibute 100% of the single or dependent premium cost for any health nvsurance plan offered to regular retirees and their dependents. This Article shall also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical bene�its which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintaln City health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Article 14 shall be paid to the Employer's third party admuustrator or designated representative. � ARTICLE ZS - DISCIPLINARY PROCEDURES 15.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the Empioyer shaII incIude only the folIowing actions: 15.2(1) Oral reprimand 15.2(2) Written reprimand 15.2(3) Suspension 15.2(4) Demorion 15.2(5) Discharge 25.3 Employees who are suspended, demoted, or discfiarged shall have the right to request that such actions be reviewed by the Civii Service Commission or a designated Board of Review. The Civil Service Comtnission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demorion, or discharge sha11 be considered a"grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK 16.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 26.2 Faiture to make such notifcation may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 163 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. -10- 9 �-��-9 ARTICLE 17 - SE1vIORTTY 17.1 Seniority for the purposes of this Agreement, shall be defined as foilows: 17.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 171(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 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 thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 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 wil] be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off shail have the right to reinstatement in any lower-paid class title previously held, provided the employee has greater "Class Seniority" than the employee being repiaced. 17.5 The se]ection of vacation periods shali be made by class title based on length of "Ciass Seniority", subject to the approval of the Employer. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of The Empioyer. 18.2 The Empioyer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. -11- ARTICLE 18 - JURISDICTION (Continued) 18.3 In the event of a dispnte concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possibte to resolve the dispaTe. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to a'ssign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarifed by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDURES). 18.5 There shall be no work stoppage, slow down, or any disreiption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following sections: 19.1(1) Resignation. Employees resigning from employment sha12 give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.1(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Dury. As provided in Article 16. 19.2 Employees having a temporary or grovisional employment status may be terminated at the discretion of the Bmployer before the completion of a normal work day. ARTICLE 2Q - TOOLS 20.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. -12- 9� �,�9 ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of hislher successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a gr3evance and that such absence would not be deuimentai to the work programs of the Empioyer. 21.3 The procedure established by this Article shali be the sole and exclusive procedure, except for the appeai of disciplinazy action as provided by Article 153, for the processing of grievances, which are defined as an aileged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the foliowing 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 Clnion. The written grievance shail set forth the nature of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendu 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 ihe fust 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 resuit of this meeting, the grievance remains unresolved, the Employer shail reply in writing to the Union within three (3) calendar days following this meeting. -13- 9 ARTICLE 21 - GRIEVANCE PROCEDURE (Continaed) The Union may refer the grievance in writing to Step 3 within seven (7} caIendar 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 receipt of a grievance referred from Step 2 a designated EmpIoyer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resoive the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) caIendar days a8er the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutuaIly agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall suike the first (lst) name; the Employer shaIl then suike one (1) name. The process wiil be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specifc issae submitted in writiag by the Employer and the Union and shall have no authoriry to make a decision on any other issue not so submitted. The arbitrator shalI be without power to make decisions conuary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. -14- 9 �-�,� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) The arbitrator's decision shall be submitted in wriring within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the arbivator's services and proceedings shall be bome equally by the Employer and the Uzuon, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any tune during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such conuacting would result in a reductlon of the work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases by made only to employees who qualify in accordance with Ordinance No. 14013. ARTICLE 23 - NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be appiied to empioyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disabiliry, or because of inembership or non-membership in the Union. 23 .2 Emgloyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -15- ARTICLE 24 - SEVERABILITY 24.I In the event that any provisions(s) of ttus Agreement is declared to be contrary to law by proper legislauve, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administtative, or judicial determination. ARTICLE 25 - WAIVER 25.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportuniry to make proposals with respect to any subject concerning the terms and conditions of employment The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shali 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 the EmpIoyer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and all prior ordinances, agreements, resotutions, practices, poticies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reunbursement, all officers and employees mast receive written authorization from the Department Head. -16- . ��-�,� ARTICLE 25 - CITY NIII.EAGE (Continued) Type i. If an employee is required to use Yuslher own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is acttially used in performing the duties of the employee's position. In addition, the employee shall be reirubursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternunes that an employer vehicle is availabie for the employee'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. Type 2. If an empioyee is required to use his/her own automobile REGL3LARLY during employment, the employee shall 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 required to drive an automobile during empioyment and the department head or designated representative determines that an employer vehicie 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. This Articie 26.2 shall become effective on the first day of the first month following the date of the signing of this Agreement. 26.3 The City will provide parking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reunbursement, which regulations and rules shali contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personai injury, and $25,000 for properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and zegulations, together with the amendment thereto, shall be maintained on file with the Ciry Cierk. -17- ARTICLE 27 - SEVERANCE PAY 27.1 The employer shali provide a severance pay program as set forth in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.2(1) The empioyee must be 58 years of age or otder or must be eligible for pension under the "rute of 85" or "rule of 90" provisions of ttie Pubiic Empioyees Ret'uement Association (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PE12A. 27.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 27.2(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this ArticIe, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requiremeni. 27.2(4) The empioyee must file a waiver of reemployment with the Director of Auman Resources, which will clearly indicate that by requesting severance pay, the employee waives aIl claims to reinstatement or reemployment (of any type), with the Ciry or with Independent SchooI District No. 625. 27.2(5) The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the tune of his/her separation from service. 27.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the emgloyee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 27.4 The maximum aznount of money that any employee may obtain through this severance pay program is $10,000. � ,. 9�-�a-y ARTICLE 27 - SEVERANCE PAY (Continued) 27.5 For the purpose of this severance prograzn, a death of an employee shall be considered as separation of empioyment, and if at the tune of his or her death the empioyee would have met all of the requirements set forth above, payment of the severance pay will be made to the employee's estate or spouse. 27.6 For the purpose of this severance program, a uansfer from the City of Saint Paul employment to Independent Schooi District No. 625 employment is not considered a separation of empioyment, and such transferee shall not be eligible for the City severance program. 27.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 27.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 27.9 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of tlus article or City Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the ordinance shall constitute a bar to receiving severance pay from the other. ARTICLE 28 - DURATION AND PLEDGE 28.1 The Employer and the Union acknowiedge 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 of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsisteni with this Agreement are hereby superseded. In those areas where Civil Service Rules are consistent with this Agreement the Civil Service Rules sha11 continue to be in effect. 28.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through September 30, 1998, and thereafter until modified or amended by mutual agreement of the parties. -19- 9 �-�'�-9 ARTICLE 28 - DURATION AND PLEDGE If either party desires to terminate or modify this Agreement, effecrive as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 283 In consideration of ihe terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning iu application or interpretation may be peacefully resolved, the parties hereby pledge thai during the term of the Agreement: 28.3(i) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 283(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 283(3) This constitutes a tentative agreement between the parties which will be recommended by the D'uector of Labor Relations, but is subject to the approval of the Administration of the City and is also subject to rat�cation by the Union. AGREED to this (��day of June, 1997, and attested to as the full and complete understanding of the parties for the period of time herein speciFied by the signature of the foilowing representative for the Employer and the t3nion: WITNESSES: CITY OF SAINT PAUL �'�.��/ Mary . Kearney Director of Labor Relations INTERNATIONAL BROTIiERHOOD OF BOILERMAKERS IItON SHII'BUII.,DERS, BLACKSMITFIS, FORGERS AND HELPERS, LODGE 647 �C�4�7 T--6 Paul Pendergast Business Manager/Secretary Treasurer -20- 9 �-��9 r_.�� .i�� ►:a� The classes of positions recognized by the Employer as being exclusively represented by the [Jnion are as follows: Blacksmith Trainee Boilermaker Blacksmith and other classes of positions that may be established by the Employer where duties and responsibilities assigned are deternuned by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. - A1 - . 9 ) APPENDIX B 1 � The basic houriy wage rate for temporary employees appointed to the following ciasses of positions shall be: Boilermaker Blacksmith Effective October 1, 1996 $21.70* $21.70* Effecrive October 1, 1997 $22.25* $22.25* Blacksmith Trainee; 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65% of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75% of Boilermaker rate The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown for such employees as listed in Section 2 of Appendix B (below). The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Boilermaker Blacksmith Effective October 1, 1996 $20.77* $20.77* Effective October i, 1997 $21.30* $2130* Biacksmith Trainee: 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65 % of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75 % of Boilermaker rate *This rate includes taxable vacation of $1.05. � 9 �-��-y APPENDIX B (Continued) 3. The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Articie 11.2 shall be: Effective October 1, 1996 Blacksmith $23.10 Biacksmith Trainee: 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65 % of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75% of Boilermaker rate Effective October 1, 1997 $24.12 The State of Minnesota is considering changing the Pubiic Empioyees Retirement Association (PERA) contribution rates for employers and employees. If the rates change, the rates listed above will change accordingly. : . r_.� � .i��i��►�i 9' 7-�.Z9 Effective October i, 1996, the Employer shali: (1) Contribute $3.25 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Health and Welfare Fund. Effective October 1, 1997, this contribution shall be increased to $3.55 per hour. (2) Contribute $2.40 per hour for alI hours paid to participaring empIoyees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement, to a Pension Fund. Effective October 1, 1997, this contribution shall be increased to $2.55 per hour. (3) Contribute $0.16 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Journeyman and Apprenticeship Training Fund. (4) Contribute $2.50 per hour for all hours paid to participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Boilermakers Annuity Trust Fund. Effective October 1, 1997, this contribution shali be increased to $2.80 per hour. (5) Deduct $1.05 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement. Monies deducted shall be forwarded to the Union's Vacation Fund. All contributions made in accordance with this Append'vc shall be forwarded to depositories as directed by the Union. The Employer shail establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 113, 11.4 and 11.5 covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance, or Council Resolution. The Employer's fringe benefit obligation to participating employees as defined in Articles 11.3, 11.4 and 11.5 is lunited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibiliry of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. - Cl - Council File # �� ' � � �_`' ` ' ? ss � ai 4\l�'f t�+��";y_ Presented Refesed To Green Sheet # 35897 MINNESOTA , 5 Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 October 1,1996 through September 3Q 1998 Maintenance Labor Agreement between the City of Saint Paul and Intemational Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers Lodge e�, Requested by Deparhnent of: Office of Labor Relations � Approved by ��Datg _Z By: l/LtGZ�.� "'x"' i1" Form Appr ed ty Attorney By: _ 'vl �� Approv by l�r for b ission to Council � By: �C/G � Adopted by Council: Date q Adoption Certified by Council S retary ' DEYARTMENT/OFFICE/COUNCIL: DATE A'ITSA7'ED GgEEN SHEET No.: 35897 q�.. �a� LABOR I2ELATIONS June 16, 1997 CONTACT PERSON & PHONE: � IN�TTnunwrE iNmnuunTe JLTLIE KRAt3S 266-6513 �IGN I DEPARTMENT DIR. 4 CITY COUNCIL N'UMBER 2 CITY ATTORNEY � CI"rY CLERP D1[iSC BE ON COLNCIL AGE?tBA BY (DATE) FOR UDGE'f' DIR. FiN. & MGT. SERVICE DI&. ROUTING YOR (OR ASST. ORDER 3'OTAL #t OF SIG1�:4TURE PAGES_1 (CLIP ALL LOCA'S70NS FOR SIGNAI'i7RE) acrTOx xEQUESrEn: This resolution approves the attached October 1, 1996 through September 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Intemational Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers and Helpers I,odge #647. RECOMb1ENDA770NS: Approve (A) or Reject (I2) PERSONAL SERVICE CONTR.4CTS MUST ANSWER T1SE FOLLOWING QUESTIONS: _PLANNING COMMISSION CIVIL SERVLCE COMMISSTON 1. Has this person/fi�m ever worked under a conVact for this department? CIB COMMITTEE Yes No STAFF 2. Has this personlfimi ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WHICH COIJNCIL QBJECTIVE? 3. Does this penon/firm possess a skill not normally possessed by any cuaent city employee? Yes No Explain aIl yes answers on separate sheet and attach to green sheet INI7IATING PROBLEM,ISSUE, OPPORTUI�I7'P (Who, What, When, Where, Why): „DVANTAGESIFAPPRQVED: � � � �� .�r�� ; JUPJ 17 1997 DISADVANTAGESffiAPPROVED: �` �� DISADVANTAGESIFNQ'I'APPROVED: �� UN � � 't��7 � TOTALAMOUN7'OFTItANSACTION: � �'„��•�'�� FUNDING SOURCE: ' " ACTMTY NUMBER: FINANCIAL INFOR'NATION: (EXPLAIIh �\ �._ �� h : +b., �...� ' . ' - - . �. - , ;' : . . ,; ��v �� ;._. - >OCTOBER 1;199G TI3ROITGH SEPTEMBER 3A, 1998 -. _ `- 1VI�INTENA�TCE LABtaR A�I��11�IEN� - - - � < , _ _ ..__ w Y , t _ & � -"befween _ . � �� - ; �. _ � ` � �� > TI�E GI�Y=�� St�.Il�I� i'A��: ; � �, - } f � - -_ > - + "� . ._ � ' .:- � . :: _ _ , aa�Cl � _ -��` �> � ` �� - � - r '�" , � y G ..< t — , INT�R�V'��TO�VAL B3��T�RHQaD C3� BOIL�R"�VIAK�I�S, � �� _ � � , _ r a a.� r 5 . - ' — b. � • � ` ��. a .� 1 A � � w_ � A. , c Y � _ . _' '� - _ ..� �. - . ... ': .. = I�0�3 5HiP�TJILD�R�, BL�CKSIY�ITHS, �ORGE�� 1ND � , } , I�i.�E�tS, � � - > - . :. �_ �. - � _ �- � � _. :. . _ : $ �3 t ° I:OI�GE 647 �.w ,=_ _ ,, � �� _. — � ._, s .:��; , :_ � _ - s ;, < � _ � , �� a f' Y a� -�a-°� INDEX ARTICLE TITLE PAGE Preamble ........................................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Bmployer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 8 Overtttne ........................................5 9 Call Back/Call In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 Wages ..........................................5 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 14 Insurance ........................................7 15 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 16 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 17 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 18 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 19 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 20 Toois ..........................................i2 21 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 22 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Nondiscrunination ................................. 15 24 Severabiliry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 25 Waiver .........................................16 26 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 27 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 28 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Appendix A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Al Appendix B ......................................Bi Appendix C ......................................C1 � '� ` 17-�-9 PREAMBLE This Agreement is entered into between the Ciry of Saint Paul, hereinafter referred to as the Employer and the International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, and Helpers, Lodge 647, hereinafter referred 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 5aint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but rather prnnarily on attitudes between peopie at all levels of responsibility. Constructive attitudes of the City, the Union, and the individuai employees will best serve the needs of the generai public. ii {. 9��9 ARTICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of a11 concemed; i.l(2) Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Employer and the Union; i.l(3) Estabiish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and ihe Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of ffiis 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 (SEVBRABILITY). ARTICLE 2 - RECOG1vITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisional and temporary empioyed in the classes defined in Appendix A as certified by the Bureau of 1Vlediation Services in accordance with Case No. 74-PR-60-A dated August 8, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabtish and modify the organizationai structure; to select, direct, and deternune the number of personnel; and to perform any inherent managerial function not specificaily limited 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 notification to the Union. -1- ARTICLE 4 - UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1(i) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save hazmtess the Employer from any and all claims or charges made against the Employer as a result of the impiementation of ttris Article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EmpIoyer in writing of such designation. This employee shall have the rights and responsibilities as designated in Article 21 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative sha12 be permitted to enter the facilities of the EmpIoyer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF TI� AGREEMENT 5. 2 This Agreement establishes the "terms and conditions of empioyment" defined by M.S. 179.63, Subd. 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" estabtished by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PKOBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time during the probationary period an empioyee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEI?URE). -2- �, 9��s9 ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An empioyee ternunated during the probationary period shall receive a written notice of the reason(s) for such terniination, a copy of which shall be sent to the Union. b.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fimess and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE). 6.2(2) An empioyee demoted during the promotional probationary period shall be returned to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. 7.2 The normal work week shail be five (5) consecutive normal work days, Monday through Friday. 13 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third stufts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 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. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 7.6 All empioyees are subject to cail back by the Employer as provided by Article 9(CALL BACK/CALL IN). -3- ARTICLE 7- HOURS OF WORK (Continued) 7.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIlVIE 8. 2 A21 overtime compensated for by the Emploqer must receive prior authorization from a designated Employer supervisor. No overtime work claun wiil be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even thoagh shown on the time card, unless ttte required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 8.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the Following circtunstances: 8.3(1) Time worked on a seventh (7th} day foIlowing a normal work week; and 83(2) Time worked in excess of twelve (12) consecuuve hours in a twenry-four (24} hour period, provided, that all "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). The time and one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. 8.4 For the purposes of calculating overtime compensation, overtime hours Worked shall not be "pyramided" compounded, or paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. � �. 97-�r'�9 ARTICLE 9- CALL BACK/CALL IN 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 Empioyees cailed in or called back shall receive a minimum of four (4) hours straight tune pay at the basic hourly rate or shall be compensated in accordance with Articie 8 (OVERTIME), when appiicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for overtime hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11 - WAGES 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 11.2 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.2(1) Insurance benefits as described in Article 14. 11.2(2) Sick I,eave as established by Resolution No. 3250, Section 20. 11.2(3) Vacation as established by Saint Paul 5alary Plan and Rates of Compensation, Section 1, Subdivision A. 1L2(4) Ten (10} legal holidays as established by Saint Paui Salary Plan and Rates of Compensation, Section I, Subdivision I. 11.2(5) Severance benefits as described in Article 27. -5- ARTICLE 11 - WAGES (Continued) 11.3 Regalar employees noi covered by the fringe benefits listed in Article 11.2 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12 {FRINGE BENEFITS). 11.4 Provisional, temporary, and emergency employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit conuibutions and/or deductions made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 11.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 11.1 (WAGES) and have fringe benefit contributions andlor deductions made on their behalf as provided for by Article IZ (FRINGE BENEFITS). ARTICLE 12 - FRINGE BENEFITS 12.1 The EmpIoyer shall make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix C for all hours worked. ARTICLE 13 - HOLIDAYS 13.1 The foilowing ten (10) days shall be designated as holidays: New Year's Day, January Martin Luther King Day, 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Iast Monday in May Independence Day, July 4 Labor Day lst Monday in September Veterans' Day, November 11 Thanksgiving Day 4th Thursday in November Day ABer Thanksgiving 4th Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shali be cansidered the designated holiday. When any of these three (3) holidays fails on a 3aturday, the preceding Friday shall be considered Yhe designated holiday. � 9 7-�--9 ARTICLE 13 - HOLIDAYS (Continued) 133 The ten (l�) holidays shall be considered non-work days. 13.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called in or called back" in accordance with Article 9(CALL BACK/CALL IN}. 13.5 Participating employees as defined in Articles 11.3, 11.4 and 11.5, assigned to work on Martin Luther King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving shall be compensated on a straight time basis for such hours worked. 13.6 Such Particigating employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 13.7 If an employee other than a Participating employee entitled to a holiday is required to work on Martin Luther King Day, Presidents' Day, Veterans' 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 permits, or he/she shali be paid on a straight tune basis for such hours worked, in addition to his/her regular holiday pay. If an employee other than a participating employee entitied to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, I.abor Day, Thanksgiving Day or Christmas Day, he/she shail be recompensed for work done on this day by being granted compensatory tune on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to his/her regular holiday pay. Eligibility for holiday pay sha11 be determined in accordance with Section I, Subsection I of the St. Paul Salary Plan and Rates of Compensation. ARTICLE 14 - INSURANCE Active Employees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 11.2 (City benefits). -7- ARTICLE 14 - INSiTRANCE (Continued) The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely conuolled by the contracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For empIoyees who select single coverage, the EmpIoyer will conuibute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Empioyer wil] provide $5,000 of Yerm life insurance for each employee. Betiree Health Benefits 14.2 Employees who retire must meet the following conditions in order to be eligible for the Empioyer contribution for retiree health benefits: 14.2(1) Be receiving benefits from a public employee retirement act covering employees of the City of Saint Paul at the time of retirement, and 14.2(2) Have severed his/her relauonship with the Ciry of Saint Paul under one of the retiree plans, and 14.2(3) Have severed ]vs/her relationship with the Ciry of Saint Paul for reasons other than an involuntary termination for misconduct. Early Retirees (under age 6� 14.3 For those employees who retire before age 65 and are eligible for early retiree benefits under the terms set forth in Article 14.2 above and until such retirees reach sixry-five (65) years of age, the Employer shall continue to make ihe same contribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Employer wi11 contribute 100% of the premium cost for single coverage. For early retirees selecting dependent coverage, the Employer will contribute 50% of the premium cost for dependent coverage. The Employer will aiso continue life insurance benefits for eligible early reurees in the same amount as provided to them as active employees. Life insurance benefits terminated at age 65. When such early retiree attains age 65,the provisions of Article 14.4 shall apply. �� . 9 �-�'-�.9 ARTICLE 14 - INSURANCE (Continued) Regular Retirees (age 65 and older) 14.4 Employees who retire at or after the age of sixty-five (65) must meet the conditions set forth in Article 14.2. 14.4(i) For such employees who retire on or before December 31, 1995, the Employer agrees to conuibute 100% of the single or dependent premium cost for any health nvsurance plan offered to regular retirees and their dependents. This Article shall also apply to early retirees upon reaching age 65, who retired on or before December 31, 1995 under the provisions of Article 14.2. 14.4(2) For such employees who retire after December 31, 1995, the Employer agrees to contribute a maximum of $550.00 per month toward the premium for single or dependent health insurance coverage offered to regular retirees and their dependents. Any unused portion of the Employer's contribution shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Article 14.2. Survivor Benefits 14.5 In the event of the death of an early retiree or a regular retiree, the dependent of the retiree shall have the option, within thirty (30) days, to continue the current hospitalization and medical bene�its which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remarriage of the surviving spouse of the deceased employee or retiree. 14.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a group program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintaln City health insurance for the first ninety (90) days of said employment. 14.6 The contributions indicated in Article 14 shall be paid to the Employer's third party admuustrator or designated representative. � ARTICLE ZS - DISCIPLINARY PROCEDURES 15.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 15.2 Disciplinary actions by the Empioyer shaII incIude only the folIowing actions: 15.2(1) Oral reprimand 15.2(2) Written reprimand 15.2(3) Suspension 15.2(4) Demorion 15.2(5) Discharge 25.3 Employees who are suspended, demoted, or discfiarged shall have the right to request that such actions be reviewed by the Civii Service Commission or a designated Board of Review. The Civil Service Comtnission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demorion, or discharge sha11 be considered a"grievance" for the purpose of processing through the provisions of Article 21 (GRIEVANCE PROCEDURE). ARTICLE 16 - ABSENCES FROM WORK 16.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 26.2 Faiture to make such notifcation may be grounds for discipline as provided in Article 15 (DISCIPLINARY PROCEDURES). 163 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. -10- 9 �-��-9 ARTICLE 17 - SE1vIORTTY 17.1 Seniority for the purposes of this Agreement, shall be defined as foilows: 17.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles covered by this Agreement. 171(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 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 thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 173 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 wil] be laid off by class title within each Department based on inverse length of "Class Seniority". Employees laid off shail have the right to reinstatement in any lower-paid class title previously held, provided the employee has greater "Class Seniority" than the employee being repiaced. 17.5 The se]ection of vacation periods shali be made by class title based on length of "Ciass Seniority", subject to the approval of the Employer. ARTICLE 18 - JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions are recognized as an appropriate subject for determination by the various unions representing employees of The Empioyer. 18.2 The Empioyer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. -11- ARTICLE 18 - JURISDICTION (Continued) 18.3 In the event of a dispnte concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possibte to resolve the dispaTe. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to a'ssign work. 18.4 Any employee refusing to perform work assigned by the Employer and as clarifed by Sections 18.2 and 183 above shall be subject to disciplinary action as provided in Article 15 (DISCIPLINARY PROCEDURES). 18.5 There shall be no work stoppage, slow down, or any disreiption of work resulting from a work assignment. ARTICLE 19 - SEPARATION 19.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following sections: 19.1(1) Resignation. Employees resigning from employment sha12 give written notice fourteen (14) calendar days prior to the effective date of the resignation. 19.1(2) Discharge. As provided in Article 15. 19.1(3) Failure to Report for Dury. As provided in Article 16. 19.2 Employees having a temporary or grovisional employment status may be terminated at the discretion of the Bmployer before the completion of a normal work day. ARTICLE 2Q - TOOLS 20.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. -12- 9� �,�9 ARTICLE 21 - GRIEVANCE PROCEDURE 21.1 The Employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the name of the Steward and of hislher successor when so named. 21.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a gr3evance and that such absence would not be deuimentai to the work programs of the Empioyer. 21.3 The procedure established by this Article shali be the sole and exclusive procedure, except for the appeai of disciplinazy action as provided by Article 153, for the processing of grievances, which are defined as an aileged violation of the terms and conditions of this Agreement. 21.4 Grievances shall be resolved in conformance with the foliowing 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 Clnion. The written grievance shail set forth the nature of the grievance, the facts on which it is based, the aileged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendu 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 ihe fust 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 resuit of this meeting, the grievance remains unresolved, the Employer shail reply in writing to the Union within three (3) calendar days following this meeting. -13- 9 ARTICLE 21 - GRIEVANCE PROCEDURE (Continaed) The Union may refer the grievance in writing to Step 3 within seven (7} caIendar 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 receipt of a grievance referred from Step 2 a designated EmpIoyer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resoive the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred to in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) caIendar days a8er the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutuaIly agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relation Board to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall suike the first (lst) name; the Employer shaIl then suike one (1) name. The process wiil be repeated and the remaining person shall be the arbitrator. 21.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specifc issae submitted in writiag by the Employer and the Union and shall have no authoriry to make a decision on any other issue not so submitted. The arbitrator shalI be without power to make decisions conuary to or inconsistent with or modifying or varying in any way the application of laws, rules, or regulations having the force and effect of law. -14- 9 �-�,� ARTICLE 21 - GRIEVANCE PROCEDURE (Continued) The arbitrator's decision shall be submitted in wriring within thirry (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union and the employees. 21.6 The fees and expenses for the arbivator's services and proceedings shall be bome equally by the Employer and the Uzuon, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 21.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. ARTICLE 22 - RIGHT OF SUBCONTRACT 22.1 The Employer may, at any tune during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such conuacting would result in a reductlon of the work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 22.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases by made only to employees who qualify in accordance with Ordinance No. 14013. ARTICLE 23 - NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be appiied to empioyees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disabiliry, or because of inembership or non-membership in the Union. 23 .2 Emgloyees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. -15- ARTICLE 24 - SEVERABILITY 24.I In the event that any provisions(s) of ttus Agreement is declared to be contrary to law by proper legislauve, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in fuil force and effect. 24.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administtative, or judicial determination. ARTICLE 25 - WAIVER 25.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportuniry to make proposals with respect to any subject concerning the terms and conditions of employment The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this Agreement. 25.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shali 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 the EmpIoyer may, however, mutually agree to modify any provision of this Agreement. 25.3 Any and all prior ordinances, agreements, resotutions, practices, poticies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 26 - CITY MILEAGE 26.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of Ciry officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 26.2 Method of Computation: To be eligible for such reunbursement, all officers and employees mast receive written authorization from the Department Head. -16- . ��-�,� ARTICLE 25 - CITY NIII.EAGE (Continued) Type i. If an employee is required to use Yuslher own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is acttially used in performing the duties of the employee's position. In addition, the employee shall be reirubursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative deternunes that an employer vehicle is availabie for the employee'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. Type 2. If an empioyee is required to use his/her own automobile REGL3LARLY during employment, the employee shall 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 required to drive an automobile during empioyment and the department head or designated representative determines that an employer vehicie 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. This Articie 26.2 shall become effective on the first day of the first month following the date of the signing of this Agreement. 26.3 The City will provide parking at the Civic Center Parking Ramp for Ciry employees on either of the above mentioned types of reimbursement plans who are required to have their personal car available for City business. Such parking will be provided only for the days the employee is required to have his or her own personal car available. 26.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reunbursement, which regulations and rules shali contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the number of days worked and the number of miles driven, and further require that they maintain automobile liability insurance in amounts of not less than $100,000/$300,000 for personai injury, and $25,000 for properry damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rules and zegulations, together with the amendment thereto, shall be maintained on file with the Ciry Cierk. -17- ARTICLE 27 - SEVERANCE PAY 27.1 The employer shali provide a severance pay program as set forth in this Article. 27.2 To be eligible for the severance pay program, an employee must meet the following requirements: 27.2(1) The empioyee must be 58 years of age or otder or must be eligible for pension under the "rute of 85" or "rule of 90" provisions of ttie Pubiic Empioyees Ret'uement Association (PERA). The "rule of 85" or "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PE12A. 27.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by lay-off or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 27.2(3) The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this ArticIe, employment in either the City or in the Independent School District No. 625 may be used in meeting this ten (10) year service requiremeni. 27.2(4) The empioyee must file a waiver of reemployment with the Director of Auman Resources, which will clearly indicate that by requesting severance pay, the employee waives aIl claims to reinstatement or reemployment (of any type), with the Ciry or with Independent SchooI District No. 625. 27.2(5) The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the tune of his/her separation from service. 27.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the emgloyee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 27.4 The maximum aznount of money that any employee may obtain through this severance pay program is $10,000. � ,. 9�-�a-y ARTICLE 27 - SEVERANCE PAY (Continued) 27.5 For the purpose of this severance prograzn, a death of an employee shall be considered as separation of empioyment, and if at the tune of his or her death the empioyee would have met all of the requirements set forth above, payment of the severance pay will be made to the employee's estate or spouse. 27.6 For the purpose of this severance program, a uansfer from the City of Saint Paul employment to Independent Schooi District No. 625 employment is not considered a separation of empioyment, and such transferee shall not be eligible for the City severance program. 27.7 The manner of payment of such severance pay shall be made in accordance with the provisions of City Ordinance No. 11490. 27.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. 27.9 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting the qualifications of tlus article or City Ordinance No. 11490, as amended by Ciry Ordinance No. 16303, section 1, section 6, draw severance pay. However, an election by the employee to draw severance pay under either this articie or the ordinance shall constitute a bar to receiving severance pay from the other. ARTICLE 28 - DURATION AND PLEDGE 28.1 The Employer and the Union acknowiedge 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 of employment. The agreements and understandings reached by the parties after the exercise of this right aze fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsisteni with this Agreement are hereby superseded. In those areas where Civil Service Rules are consistent with this Agreement the Civil Service Rules sha11 continue to be in effect. 28.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through September 30, 1998, and thereafter until modified or amended by mutual agreement of the parties. -19- 9 �-�'�-9 ARTICLE 28 - DURATION AND PLEDGE If either party desires to terminate or modify this Agreement, effecrive as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the Agreement may only be so terminated or modified effective as of the expiration date. 283 In consideration of ihe terms and conditions of employment established by this Agreement and the recognition that the grievance procedure herein established is the means by which grievances concerning iu application or interpretation may be peacefully resolved, the parties hereby pledge thai during the term of the Agreement: 28.3(i) The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 283(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 283(3) This constitutes a tentative agreement between the parties which will be recommended by the D'uector of Labor Relations, but is subject to the approval of the Administration of the City and is also subject to rat�cation by the Union. AGREED to this (��day of June, 1997, and attested to as the full and complete understanding of the parties for the period of time herein speciFied by the signature of the foilowing representative for the Employer and the t3nion: WITNESSES: CITY OF SAINT PAUL �'�.��/ Mary . Kearney Director of Labor Relations INTERNATIONAL BROTIiERHOOD OF BOILERMAKERS IItON SHII'BUII.,DERS, BLACKSMITFIS, FORGERS AND HELPERS, LODGE 647 �C�4�7 T--6 Paul Pendergast Business Manager/Secretary Treasurer -20- 9 �-��9 r_.�� .i�� ►:a� The classes of positions recognized by the Employer as being exclusively represented by the [Jnion are as follows: Blacksmith Trainee Boilermaker Blacksmith and other classes of positions that may be established by the Employer where duties and responsibilities assigned are deternuned by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. - A1 - . 9 ) APPENDIX B 1 � The basic houriy wage rate for temporary employees appointed to the following ciasses of positions shall be: Boilermaker Blacksmith Effective October 1, 1996 $21.70* $21.70* Effecrive October 1, 1997 $22.25* $22.25* Blacksmith Trainee; 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65% of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75% of Boilermaker rate The basic hourly wage rate for temporary employees whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions shall be the rate as shown for such employees as listed in Section 2 of Appendix B (below). The basic hourly wage rate for provisional, regular and probationary employees appointed to the following classes of positions shall be: Boilermaker Blacksmith Effective October 1, 1996 $20.77* $20.77* Effective October i, 1997 $21.30* $2130* Biacksmith Trainee: 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65 % of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75 % of Boilermaker rate *This rate includes taxable vacation of $1.05. � 9 �-��-y APPENDIX B (Continued) 3. The basic hourly wage rate for regular employees appointed to the following classes of positions, who are receiving the Fringe Benefits listed in Articie 11.2 shall be: Effective October 1, 1996 Blacksmith $23.10 Biacksmith Trainee: 0- 6 months ..... 60% of Boilermaker rate 7- 12 months ..... 65 % of Boilermaker rate 13 - 24 months ..... 70% of Boilermaker rate after 24 months .... 75% of Boilermaker rate Effective October 1, 1997 $24.12 The State of Minnesota is considering changing the Pubiic Empioyees Retirement Association (PERA) contribution rates for employers and employees. If the rates change, the rates listed above will change accordingly. : . r_.� � .i��i��►�i 9' 7-�.Z9 Effective October i, 1996, the Employer shali: (1) Contribute $3.25 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Health and Welfare Fund. Effective October 1, 1997, this contribution shall be increased to $3.55 per hour. (2) Contribute $2.40 per hour for alI hours paid to participaring empIoyees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement, to a Pension Fund. Effective October 1, 1997, this contribution shall be increased to $2.55 per hour. (3) Contribute $0.16 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Journeyman and Apprenticeship Training Fund. (4) Contribute $2.50 per hour for all hours paid to participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement to a Boilermakers Annuity Trust Fund. Effective October 1, 1997, this contribution shali be increased to $2.80 per hour. (5) Deduct $1.05 per hour for all hours worked by participating employees as defined in Articles 11.3, 11.4 and 11.5 of this Agreement. Monies deducted shall be forwarded to the Union's Vacation Fund. All contributions made in accordance with this Append'vc shall be forwarded to depositories as directed by the Union. The Employer shail establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 113, 11.4 and 11.5 covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Civil Service Rules, Council Ordinance, or Council Resolution. The Employer's fringe benefit obligation to participating employees as defined in Articles 11.3, 11.4 and 11.5 is lunited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibiliry of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. - Cl -