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97-932Council File # Q? RESOLUTION CITY OF SAINT PAUL, Presented Referred To Green Sheet # 35898 Committee Date 0�0� RESOLVED, that the Council of the CiTy of Saint Paul hereby approves and ratifies the attached May 1, 1996 through Apri130, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local #633. Requested by Depaztment af: Adopted by Council: Date � � Adoption Certified by Council Secretary BY � a i— 1 Approved by May ro Date �� - BY: � 0 Office of Labor Relations BY �� Form Ap oved Attomey By: Appr ve . ayor fo Submission to Council By _ ..._.. � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED � 7 -�� LABOR RELATIONS 7uly 14, 1997 GREEN SHEET No.: 35898 CO:�TACT PERSON & PHO1�E: IMTTAI✓DATE INI7'IAL/DATE � JLTI�IE K�US 266-6513 ASSIGN 1 DEPARI'MENT DIR. (�_ 4 CITY COUNCIL NiiMBER 2 CITY ATIORNEY CITY CLERK MI1ST BE ON COUNCIL AGE7VDA BY (DATE) ��R BUDGET DIR. �` f7N. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) p ORDER TOTAL # OF SIGNA7'URE PAGES,i (CLIP ALL LO'CATTONS FOR SIGNANRE) acrioN �QUES7En: This resolution approves the attached May 1, 1996 through April 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons Intemational Association, Local #633. RECOMMENDATIONSApprove(A)orReject(R) PERSONALSERVICEWNI'RACfSMUSCANSWERTHEFOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION I. Has this person/firm ever worked under a contraM for this departrnent? CIB COMMITTEE Yes No �STAFF 2. Has this persoNfi[m ever been a ciTy employee? DISTffiCT COURT Yes No SUPPORTS WHICH COIINCIL OHIECTTVE? 3. Does this person/fiim possess a skill not normally possessed by any cwrent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheei INI'[7A'CING PROBLEM, ISSUE, OPPOB7"(JNITY (WAo, What, Whe�, Where, Why): n�� ,y� � l+ ax�PiaiB £@4i JUL 1 � i��7 - ,.� • ADVANTAGESIFAPPROVED: � '-"' - DISADVANTAGES IF APPROVED: '+� �� c �� T 619 y? '�� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANS.4CTION: CO5T/REVENUE BUDGETED: F[JNDLn`G SOURCE: ACI'IVTTY NUMBER: FINANCIALINFORD9ATION;(BXPLAII� 97 9s� ATTACHMENT TO GREEN SHEET Below represents the changes for the 1996-1998 Collective Bargaining Agreement between the City of Saint Paul and Operative Plasterers' and Cement Masons' International Associafion of the United States and Cavada, I.oca1633. Waees The City agreed to the prevailing wage rate. Administrative This group has only two members; both have Union benefits as opposed to City benefits. All language dealing with City benefits was obsolete and was deleted. F:�I,ABREL\CONTRAC1lCEMENTI] 996-98 WTTACH96 ATTACHMENT TO GREEN STiEET 97 - 93�+ Below represents the changes for the 1996-1998 Collective Bazgauring Agreement between the City of Saint Paui and Operative Plasterers' and Cement Masons' International Association of the United States and Canada, L.ocai 633. Wa es - The City agreed to the prevailing wage rate. Admi istrative This group has only two members; both have Union benefits as opposed to City benefits. All language dealing with City benefits was obsolete and was deleted. F: �I,ABREL\CONTRAC7lCEMEN'Il I 996-9 S W TTACH96 � �" 97-93� � : : � := _ � ,. � - 1VIA.Y I, :199b'THI�U APRII�_-30, 1998 � �� : .. ��E�v�vc� �ABOx �-��N� - - :�� - - , ' betwe�ri � F r J 1 _ t � J % . ..�. .. .�.- _. L 1 F 5 F '� � 1 s -' F'. � ;! �.Y : h 4 , �c �°t : �/ r. h 1 1; t � "__ . ..- ,. _., :. � S "` �l.+L��.l' " 'Y. :. �, � U+' E y t < : . � � /.N �T��;� `S ;£, f - � I f�= > � � ��N,S r ' IN�'�RNA�I4�IA�, ��+�!(;!� � �U�, i,��ai, �s3 f j ' ( � �A < [ � :� .�'. : _� � � . �' h ` 4 � �� e_. ..r�. . � . - ' ` i . � . . , . . � v r . "' � . ' ...3 �.. i 'F ' . � ti 5. £N .. �� i� �.. '.r � - � �:. � - }; � Z -. - .' . . . . . f' S � � � � . .. - . -� r 'T. t � � . ' � � � g� - 93.�. INDEX • • • ARTICLE TITLE Preamble .......... PAGE ..........................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 HoursofWork ....................................3 8 Overtime ........................................3 9 Call Back/Call In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Wages ..........................................4 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Tools ...........................................8 20 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 21 22 23 24 25 26 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nondiscrimination ........................... ...... Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver ..................... ..... . .............. City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ii 11 12 12 13 Appendix A ..................................... A1 Appendix B ......................................Bi Appendix C ......................................C1 Appendix D ..................................... D1 i 9� - 9.�� PREAMBLE • This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and Operative Piasterers' and Cement Masons' Intemational Association of the United 5tates and Canada, L,ocal 633, 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 Saint Paul for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of • responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. • ii ARTICLE 1- PURPOSE 9� ' 93� 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is • to: 1.1(i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; l.l(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Empioyer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). ARTICLE 2 - RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisionai and temporary empioyed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Bmployer 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 establish and modify the organizational structure; to select, direct and deternune the number oP personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of empioyment" not esiablished by this Agreement shail remain with the Employer to eliminate, modify, or establish following written notification to the Union. � EI ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate one (i) employee from the bargaining unit to act as a Steward � and shall inform the Employer in writing of such designation. Such employee shall have ttie rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). 4.2 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative sha12 be pemutted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF TIIEE AGREEMENT 5.1 This Agreement established the "terms and conditions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Couacil Ordinance, aad Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired fotlowing 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. . 61(1) At any tune during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEbURE). 6.1(2) An employee terminated during the probationary period shall receive a written notice of Che reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a suc (6) month promotional probationary period during which time the employee's fitness and ability to perform the positiott's duties and responsibilities shall be evaluated. 6.2(1) At any tune during the promotional probationary period an employee may be demoted to the empIoyee's previousIy heId class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.2(2) An empIoyee demoted during the promotional probationary period sha1l 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. � 2 ARTICLE 7- HOURS OF WORK 97 - 93`Z 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty • (30) minute lunch period between the hours of 7:00 a.m, and 5:30 p.m. 7.2 The normal work week sl�all be five (5) consecutive normal work days Monday through Friday. 73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts, or a work week of other than Monday through Friday, the i3nion agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shali not be construed as, and is not a guazantee 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 untii the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to cail back by the Employer as provided by Article 9(CALL BACK/CALL IN). 7.7 Employees reporting for work at the established starting time and for whom no work is • available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claun will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 8.2 The overtune rate of one and one-half (1.5) the basic hourly rate shal] be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normai work day, and 8.2(2) Time warked on a sixth (6th) day following a normal work week. � K3 ARTICLE 8 - OVERTIME (Continued) 83 The overtime rate of two (2) tunes the basic hourly rate shali be paid for work � performed under the following circumstances: 83(1) Time worked on a holiday as defined in Article 13 (HOLIDAYS); 8.3(2) Time worked on a seventh {7th) day following a normal work week. 8.4 For the purposes of caiculating overtime compensauon, overtime hours worked shall not be "pyramided" or compounded. Empioyees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. 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 afrer an employee has completed a normal work day or norntal work week. 9.2 EmpIoyees called in or calied back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, 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 ttie normal work day and be compensated only for overtnne hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shail report to work location as assigned by a designated Employer Supervisor. Auring the normal work day employees may be assigned to other work Iocations at the discretion of the Employer. ARTICLE 11 - WAGES I1.1 The basic hourIy wage rates as established by Appendix C shalI be paid for all hours worked by an empioyee. 11.2 Regular, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article i i. Z(WAGES) and have fringe benefit contributions and/or deductions � made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 0 97-93•z ARTICLE 12 - FRINGE BENEFITS 12.1 The Empioyer shall, for all hours worked, make contributions on behalf of and/or make • deductions from the wages of "participating employees" covered by this Agreement in accordance with Appendix D. ARTICLE 13 - HOLIDAYS 13.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three • (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 13.3 The ten (10) 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 BACKiCALL IN). 13.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luffier King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight tune basis for hours worked. 13.6 Such Participating Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. C� 5 ARTICLE I4 - DISCIPLINARY PROCEDURES 14.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. • 14.2 Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprunand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. 14.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appea2 of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDURE). ARTICLE 15 - ABSENCES FROM WORK 15.1 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. 15.2 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days without notificaYion to the Employer may be considered by the Employer to be a "quit" on the part of the employee. ARTICLE 16 - SEIVIORITY 16.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 16.1(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 tifles covered by this Agreement. 16.1(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. C� • 6 ARTICLE 16 - 5EI�IORITY (Continued) 9� - 93�. 16.2 Seniority shall noY accumulate during an unpaid leave of absence, except when such a . leave is granted for a period of less than thirry (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. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wili be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any previously held lower paid class tide covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 17 - NRISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of � the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreemenis between ihe unions involved. 17.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work assigned by the Emp]oyer and as clarified by Sections 17.2 and 17.3 above shail be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • 7 ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered • separated from employment based on the following actions: 18.1(1} Resignation. Emgloyees resigning from employment shall give written notice fonrteen (24) calendar days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in ArticIe 14. 18.1(3) Failure to Report for Duty. As provided in Article 15. 18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTTCLE 19 - TOOLS 19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - GRIEVANCE PROCEDURE 201 The employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargauring unit. The Union shall notify the Employer in writing of the name of the Steward and of his/her successor when so deternuned. 20.2 It is recognized and accepted by the Emptoyer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance, and that such absence wouId not be deunnental to the work programs of the Employer. 20.3 The grocedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 14.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. � . . q7 - 93�- ARTICLE 20 - GRIEVANCE PROCEDURE (continued) 20.4 Grievances shall be resolved in conformance with the foilowing procedure: • Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shail attempt to resolve the matter on an informal basis with the employee's supervisar. If the matter is not resoived to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to 5tep 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived. The fust occurrence shall be either the actual date of the occunence or the date by which, through the exercise of reasonable diligence, the Union should have known of the alleged violation. Step 2: Within seven (7) calendar days after receiving the written grievance, a designated Bmployer Supervisor shall meet with the i3nion Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the • grievance in writing to Step 3 within seven (7) calendar days foilowing 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 Employer supervisor shall meet with the Union Business Manager or his designated regresentative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer sha11 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 reduced to writing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. n U 0 ARTICLE 20 - GRIEVANCE PROCEDURE (continued) Step 4: If after seven (7) calendar days following the response of the Employer in • Step 3 the grievance remains unresolved, the Union, through written notice to the Employer, may request arbitration of the grievance. The arbitration proceedings shali be eonducted 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: Ifthe parties failto mutually 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 Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbivator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shalI consider and decide only the specific issue submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of taws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be 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 • AGREBMENT 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. 20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Empioyer and the Union, provided that each party shall be responsible for compensating iu own representative and wimesses. 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. 20.7 The tnne lunits in each step of this procedure may be extended by mutual agreement of the EmpIoyer and the Union. • 10 9�- 9� ARTICLE 21 - RIGHT OF SUBCONTRACT 211 The Employer may, at any time during the duration of this Agreement, contract out • work done by the employees covered by this Agreement. In the event that such contracting would resuit in a reduction of the work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 21.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the UNION. 22.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. • ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the ]egislative, administrative, or judicial determination. • 11 ARTICLE 24 - WAIVER 241 The Employer and the Union acknowledge that during the meeting and negotiating • which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 24.2 The Employer and the Union agree, for the dnra6on of this Agreement, 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 Employer may, however, mutually agree to modify any provision of this Agreement. 24.3 Any and all prior ordinances, agreements, resoIutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 25 - CITY MII,EAGE 25.1 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. 25.2 Method of Comgutation: To be eligib2e for such reimbursement, alt o�cers and employees must receive written authorization from the Department Head. Tvpe 1: If an employee is required to use his/her 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 actually used in perfornung the duties of the employee's position. In addition, the employee sha21 be reimbvrsed $.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 deternzines that an employer vehicle is available 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 etigible for any per diem. • 12 9�-93.Z ARTICLE 25 - CITY MII.EAGE (Continued) � --y-�_ If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an empioyer vehicle is available 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. This Article 25.2 shali become effective on the first day of the first month foliowing the date of the signing of this Agreement. 253 The City wiil provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their 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. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall �le � monthly aff'idavits 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 personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 26 - DURATION AND PLEDGE 261 This Agreement shall become effective as of the date of signing, except as specificaily provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 1998, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 26.2 If either party desires to ternunate or modify this Agreement, 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 sucty (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. � 13 97 - q3a ARTICLE 26 - DURATION AND PLEDGE (Continued) � 26.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(1) The Union and the employees wiil not engage in, instigate, or condone any concerted action in which employees faii 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, faithfui performance of their duties of employment. 26.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the Union. � u Agreed to and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. WITNESSES: CITY OF SAINT PAUL � Mary . Kearney Labor Relations Director �6-2�f—�17 Date FORVI APPROVED: J ° Deputy City Attorney OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 < �v ' � Larry Bennett Business Representative _� Date 1� 97 - �'3�- n��.n�r.�� The classes of positions recognized by the Employer as being exclusively represented by the Union are as foilows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned and are determined by the Bureau of Mediation Service to appropriately represented by this bargaining unit. C� • -Al- 9� - 9,3z. C� • • APPENDIX B All necessary hand tools. : 9�-9� � � • APPENDIX C The basic hourly wage rate for tempflrary employees appointed to the following classes of positions shall be: Cement Finisher Effective 04/27/96 $21.49* Effective 04/26/97 $21.94M The basic hourly wage rates for regular employees appointed to the following class title, who are receiving the fringe benefits listed in accordance with Article 12 shall be: Cement Finisher Effective 04/27/96 $20.57* *This rate includes the taxable Savings Plan deduction. Effective 04/26/97 $21.00* The basic hourly wage rate for temporary employees whose iength of service and earnings require that they be subject to Public Employees Retirement Association contributions shatl be the rate as shown in this Appendix "C" for such employees in such classes divided by 2.0448. The State of MinnesoTa has passed legislation to change the Public Employees Retirement Association (PERA) contribution rates for employers and employees. When the rates change, the rates listed above will change accordingly. -Cl- 9 � - 9�-z APPENDIX D i Effective April 27, 1996, the Employer shaii: (1) contribute to a Health and Welfare Fund $2.56 per hour for all hours worked by panicipating employees. Effective Apri126, 1997 ihis Health and Welfare Fund contribution will increase to $2.66 per hour. (2) contribute to Part A of the Pension Fund $3.75 per hour for ali hours worked by participating employees. Effective Apri126, 1997 this Pension Fund convibution will increase to $4.15 per hour. (3) deduct for a Savings Plan $2.65 per hour from which payroll deductions have been made for all hours worked by participating employees covered by this Agreement. (4) contribute to an Apprenticeship Fund $0.10 per hour for all hours worked by participating employees. Effective Apri126, 1997 this Apprenticeship Fnnd contribution will increase to $0.15 per hour. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. AIl contributions made in accordance with this Appendix D shall be forwarded to depositories • as directed by the Union. The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funera] leave, jury duty, or insurance fringe benefits that are or may be established by Civit Service Ru1es, Councii Ordinance or Council Resolutions. The Empioyex's fringe benefit obligation is Iunited to the contributions and/or deductions established by this Agreement. The actual ]eve] of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � Ml71i Council File # Q? RESOLUTION CITY OF SAINT PAUL, Presented Referred To Green Sheet # 35898 Committee Date 0�0� RESOLVED, that the Council of the CiTy of Saint Paul hereby approves and ratifies the attached May 1, 1996 through Apri130, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local #633. Requested by Depaztment af: Adopted by Council: Date � � Adoption Certified by Council Secretary BY � a i— 1 Approved by May ro Date �� - BY: � 0 Office of Labor Relations BY �� Form Ap oved Attomey By: Appr ve . ayor fo Submission to Council By _ ..._.. � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED � 7 -�� LABOR RELATIONS 7uly 14, 1997 GREEN SHEET No.: 35898 CO:�TACT PERSON & PHO1�E: IMTTAI✓DATE INI7'IAL/DATE � JLTI�IE K�US 266-6513 ASSIGN 1 DEPARI'MENT DIR. (�_ 4 CITY COUNCIL NiiMBER 2 CITY ATIORNEY CITY CLERK MI1ST BE ON COUNCIL AGE7VDA BY (DATE) ��R BUDGET DIR. �` f7N. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) p ORDER TOTAL # OF SIGNA7'URE PAGES,i (CLIP ALL LO'CATTONS FOR SIGNANRE) acrioN �QUES7En: This resolution approves the attached May 1, 1996 through April 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons Intemational Association, Local #633. RECOMMENDATIONSApprove(A)orReject(R) PERSONALSERVICEWNI'RACfSMUSCANSWERTHEFOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION I. Has this person/firm ever worked under a contraM for this departrnent? CIB COMMITTEE Yes No �STAFF 2. Has this persoNfi[m ever been a ciTy employee? DISTffiCT COURT Yes No SUPPORTS WHICH COIINCIL OHIECTTVE? 3. Does this person/fiim possess a skill not normally possessed by any cwrent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheei INI'[7A'CING PROBLEM, ISSUE, OPPOB7"(JNITY (WAo, What, Whe�, Where, Why): n�� ,y� � l+ ax�PiaiB £@4i JUL 1 � i��7 - ,.� • ADVANTAGESIFAPPROVED: � '-"' - DISADVANTAGES IF APPROVED: '+� �� c �� T 619 y? '�� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANS.4CTION: CO5T/REVENUE BUDGETED: F[JNDLn`G SOURCE: ACI'IVTTY NUMBER: FINANCIALINFORD9ATION;(BXPLAII� 97 9s� ATTACHMENT TO GREEN SHEET Below represents the changes for the 1996-1998 Collective Bargaining Agreement between the City of Saint Paul and Operative Plasterers' and Cement Masons' International Associafion of the United States and Cavada, I.oca1633. Waees The City agreed to the prevailing wage rate. Administrative This group has only two members; both have Union benefits as opposed to City benefits. All language dealing with City benefits was obsolete and was deleted. F:�I,ABREL\CONTRAC1lCEMENTI] 996-98 WTTACH96 ATTACHMENT TO GREEN STiEET 97 - 93�+ Below represents the changes for the 1996-1998 Collective Bazgauring Agreement between the City of Saint Paui and Operative Plasterers' and Cement Masons' International Association of the United States and Canada, L.ocai 633. Wa es - The City agreed to the prevailing wage rate. Admi istrative This group has only two members; both have Union benefits as opposed to City benefits. All language dealing with City benefits was obsolete and was deleted. F: �I,ABREL\CONTRAC7lCEMEN'Il I 996-9 S W TTACH96 � �" 97-93� � : : � := _ � ,. � - 1VIA.Y I, :199b'THI�U APRII�_-30, 1998 � �� : .. ��E�v�vc� �ABOx �-��N� - - :�� - - , ' betwe�ri � F r J 1 _ t � J % . ..�. .. .�.- _. L 1 F 5 F '� � 1 s -' F'. � ;! �.Y : h 4 , �c �°t : �/ r. h 1 1; t � "__ . ..- ,. _., :. � S "` �l.+L��.l' " 'Y. :. �, � U+' E y t < : . � � /.N �T��;� `S ;£, f - � I f�= > � � ��N,S r ' IN�'�RNA�I4�IA�, ��+�!(;!� � �U�, i,��ai, �s3 f j ' ( � �A < [ � :� .�'. : _� � � . �' h ` 4 � �� e_. ..r�. . � . - ' ` i . � . . , . . � v r . "' � . ' ...3 �.. i 'F ' . � ti 5. £N .. �� i� �.. '.r � - � �:. � - }; � Z -. - .' . . . . . f' S � � � � . .. - . -� r 'T. t � � . ' � � � g� - 93.�. INDEX • • • ARTICLE TITLE Preamble .......... PAGE ..........................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 HoursofWork ....................................3 8 Overtime ........................................3 9 Call Back/Call In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Wages ..........................................4 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Tools ...........................................8 20 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 21 22 23 24 25 26 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nondiscrimination ........................... ...... Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver ..................... ..... . .............. City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ii 11 12 12 13 Appendix A ..................................... A1 Appendix B ......................................Bi Appendix C ......................................C1 Appendix D ..................................... D1 i 9� - 9.�� PREAMBLE • This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and Operative Piasterers' and Cement Masons' Intemational Association of the United 5tates and Canada, L,ocal 633, 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 Saint Paul for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of • responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. • ii ARTICLE 1- PURPOSE 9� ' 93� 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is • to: 1.1(i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; l.l(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Empioyer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). ARTICLE 2 - RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisionai and temporary empioyed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Bmployer 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 establish and modify the organizational structure; to select, direct and deternune the number oP personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of empioyment" not esiablished by this Agreement shail remain with the Employer to eliminate, modify, or establish following written notification to the Union. � EI ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate one (i) employee from the bargaining unit to act as a Steward � and shall inform the Employer in writing of such designation. Such employee shall have ttie rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). 4.2 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative sha12 be pemutted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF TIIEE AGREEMENT 5.1 This Agreement established the "terms and conditions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Couacil Ordinance, aad Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired fotlowing 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. . 61(1) At any tune during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEbURE). 6.1(2) An employee terminated during the probationary period shall receive a written notice of Che reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a suc (6) month promotional probationary period during which time the employee's fitness and ability to perform the positiott's duties and responsibilities shall be evaluated. 6.2(1) At any tune during the promotional probationary period an employee may be demoted to the empIoyee's previousIy heId class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.2(2) An empIoyee demoted during the promotional probationary period sha1l 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. � 2 ARTICLE 7- HOURS OF WORK 97 - 93`Z 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty • (30) minute lunch period between the hours of 7:00 a.m, and 5:30 p.m. 7.2 The normal work week sl�all be five (5) consecutive normal work days Monday through Friday. 73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts, or a work week of other than Monday through Friday, the i3nion agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shali not be construed as, and is not a guazantee 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 untii the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to cail back by the Employer as provided by Article 9(CALL BACK/CALL IN). 7.7 Employees reporting for work at the established starting time and for whom no work is • available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claun will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 8.2 The overtune rate of one and one-half (1.5) the basic hourly rate shal] be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normai work day, and 8.2(2) Time warked on a sixth (6th) day following a normal work week. � K3 ARTICLE 8 - OVERTIME (Continued) 83 The overtime rate of two (2) tunes the basic hourly rate shali be paid for work � performed under the following circumstances: 83(1) Time worked on a holiday as defined in Article 13 (HOLIDAYS); 8.3(2) Time worked on a seventh {7th) day following a normal work week. 8.4 For the purposes of caiculating overtime compensauon, overtime hours worked shall not be "pyramided" or compounded. Empioyees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. 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 afrer an employee has completed a normal work day or norntal work week. 9.2 EmpIoyees called in or calied back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, 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 ttie normal work day and be compensated only for overtnne hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shail report to work location as assigned by a designated Employer Supervisor. Auring the normal work day employees may be assigned to other work Iocations at the discretion of the Employer. ARTICLE 11 - WAGES I1.1 The basic hourIy wage rates as established by Appendix C shalI be paid for all hours worked by an empioyee. 11.2 Regular, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article i i. Z(WAGES) and have fringe benefit contributions and/or deductions � made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 0 97-93•z ARTICLE 12 - FRINGE BENEFITS 12.1 The Empioyer shall, for all hours worked, make contributions on behalf of and/or make • deductions from the wages of "participating employees" covered by this Agreement in accordance with Appendix D. ARTICLE 13 - HOLIDAYS 13.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three • (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 13.3 The ten (10) 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 BACKiCALL IN). 13.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luffier King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight tune basis for hours worked. 13.6 Such Participating Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. C� 5 ARTICLE I4 - DISCIPLINARY PROCEDURES 14.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. • 14.2 Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprunand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. 14.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appea2 of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDURE). ARTICLE 15 - ABSENCES FROM WORK 15.1 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. 15.2 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days without notificaYion to the Employer may be considered by the Employer to be a "quit" on the part of the employee. ARTICLE 16 - SEIVIORITY 16.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 16.1(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 tifles covered by this Agreement. 16.1(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. C� • 6 ARTICLE 16 - 5EI�IORITY (Continued) 9� - 93�. 16.2 Seniority shall noY accumulate during an unpaid leave of absence, except when such a . leave is granted for a period of less than thirry (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. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wili be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any previously held lower paid class tide covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 17 - NRISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of � the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreemenis between ihe unions involved. 17.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work assigned by the Emp]oyer and as clarified by Sections 17.2 and 17.3 above shail be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • 7 ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered • separated from employment based on the following actions: 18.1(1} Resignation. Emgloyees resigning from employment shall give written notice fonrteen (24) calendar days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in ArticIe 14. 18.1(3) Failure to Report for Duty. As provided in Article 15. 18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTTCLE 19 - TOOLS 19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - GRIEVANCE PROCEDURE 201 The employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargauring unit. The Union shall notify the Employer in writing of the name of the Steward and of his/her successor when so deternuned. 20.2 It is recognized and accepted by the Emptoyer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance, and that such absence wouId not be deunnental to the work programs of the Employer. 20.3 The grocedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 14.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. � . . q7 - 93�- ARTICLE 20 - GRIEVANCE PROCEDURE (continued) 20.4 Grievances shall be resolved in conformance with the foilowing procedure: • Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shail attempt to resolve the matter on an informal basis with the employee's supervisar. If the matter is not resoived to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to 5tep 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived. The fust occurrence shall be either the actual date of the occunence or the date by which, through the exercise of reasonable diligence, the Union should have known of the alleged violation. Step 2: Within seven (7) calendar days after receiving the written grievance, a designated Bmployer Supervisor shall meet with the i3nion Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the • grievance in writing to Step 3 within seven (7) calendar days foilowing 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 Employer supervisor shall meet with the Union Business Manager or his designated regresentative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer sha11 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 reduced to writing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. n U 0 ARTICLE 20 - GRIEVANCE PROCEDURE (continued) Step 4: If after seven (7) calendar days following the response of the Employer in • Step 3 the grievance remains unresolved, the Union, through written notice to the Employer, may request arbitration of the grievance. The arbitration proceedings shali be eonducted 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: Ifthe parties failto mutually 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 Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbivator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shalI consider and decide only the specific issue submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of taws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be 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 • AGREBMENT 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. 20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Empioyer and the Union, provided that each party shall be responsible for compensating iu own representative and wimesses. 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. 20.7 The tnne lunits in each step of this procedure may be extended by mutual agreement of the EmpIoyer and the Union. • 10 9�- 9� ARTICLE 21 - RIGHT OF SUBCONTRACT 211 The Employer may, at any time during the duration of this Agreement, contract out • work done by the employees covered by this Agreement. In the event that such contracting would resuit in a reduction of the work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 21.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the UNION. 22.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. • ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the ]egislative, administrative, or judicial determination. • 11 ARTICLE 24 - WAIVER 241 The Employer and the Union acknowledge that during the meeting and negotiating • which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 24.2 The Employer and the Union agree, for the dnra6on of this Agreement, 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 Employer may, however, mutually agree to modify any provision of this Agreement. 24.3 Any and all prior ordinances, agreements, resoIutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 25 - CITY MII,EAGE 25.1 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. 25.2 Method of Comgutation: To be eligib2e for such reimbursement, alt o�cers and employees must receive written authorization from the Department Head. Tvpe 1: If an employee is required to use his/her 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 actually used in perfornung the duties of the employee's position. In addition, the employee sha21 be reimbvrsed $.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 deternzines that an employer vehicle is available 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 etigible for any per diem. • 12 9�-93.Z ARTICLE 25 - CITY MII.EAGE (Continued) � --y-�_ If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an empioyer vehicle is available 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. This Article 25.2 shali become effective on the first day of the first month foliowing the date of the signing of this Agreement. 253 The City wiil provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their 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. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall �le � monthly aff'idavits 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 personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 26 - DURATION AND PLEDGE 261 This Agreement shall become effective as of the date of signing, except as specificaily provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 1998, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 26.2 If either party desires to ternunate or modify this Agreement, 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 sucty (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. � 13 97 - q3a ARTICLE 26 - DURATION AND PLEDGE (Continued) � 26.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(1) The Union and the employees wiil not engage in, instigate, or condone any concerted action in which employees faii 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, faithfui performance of their duties of employment. 26.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the Union. � u Agreed to and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. WITNESSES: CITY OF SAINT PAUL � Mary . Kearney Labor Relations Director �6-2�f—�17 Date FORVI APPROVED: J ° Deputy City Attorney OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 < �v ' � Larry Bennett Business Representative _� Date 1� 97 - �'3�- n��.n�r.�� The classes of positions recognized by the Employer as being exclusively represented by the Union are as foilows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned and are determined by the Bureau of Mediation Service to appropriately represented by this bargaining unit. C� • -Al- 9� - 9,3z. C� • • APPENDIX B All necessary hand tools. : 9�-9� � � • APPENDIX C The basic hourly wage rate for tempflrary employees appointed to the following classes of positions shall be: Cement Finisher Effective 04/27/96 $21.49* Effective 04/26/97 $21.94M The basic hourly wage rates for regular employees appointed to the following class title, who are receiving the fringe benefits listed in accordance with Article 12 shall be: Cement Finisher Effective 04/27/96 $20.57* *This rate includes the taxable Savings Plan deduction. Effective 04/26/97 $21.00* The basic hourly wage rate for temporary employees whose iength of service and earnings require that they be subject to Public Employees Retirement Association contributions shatl be the rate as shown in this Appendix "C" for such employees in such classes divided by 2.0448. The State of MinnesoTa has passed legislation to change the Public Employees Retirement Association (PERA) contribution rates for employers and employees. When the rates change, the rates listed above will change accordingly. -Cl- 9 � - 9�-z APPENDIX D i Effective April 27, 1996, the Employer shaii: (1) contribute to a Health and Welfare Fund $2.56 per hour for all hours worked by panicipating employees. Effective Apri126, 1997 ihis Health and Welfare Fund contribution will increase to $2.66 per hour. (2) contribute to Part A of the Pension Fund $3.75 per hour for ali hours worked by participating employees. Effective Apri126, 1997 this Pension Fund convibution will increase to $4.15 per hour. (3) deduct for a Savings Plan $2.65 per hour from which payroll deductions have been made for all hours worked by participating employees covered by this Agreement. (4) contribute to an Apprenticeship Fund $0.10 per hour for all hours worked by participating employees. Effective Apri126, 1997 this Apprenticeship Fnnd contribution will increase to $0.15 per hour. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. AIl contributions made in accordance with this Appendix D shall be forwarded to depositories • as directed by the Union. The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funera] leave, jury duty, or insurance fringe benefits that are or may be established by Civit Service Ru1es, Councii Ordinance or Council Resolutions. The Empioyex's fringe benefit obligation is Iunited to the contributions and/or deductions established by this Agreement. The actual ]eve] of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � Ml71i Council File # Q? RESOLUTION CITY OF SAINT PAUL, Presented Referred To Green Sheet # 35898 Committee Date 0�0� RESOLVED, that the Council of the CiTy of Saint Paul hereby approves and ratifies the attached May 1, 1996 through Apri130, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons International Association, Local #633. Requested by Depaztment af: Adopted by Council: Date � � Adoption Certified by Council Secretary BY � a i— 1 Approved by May ro Date �� - BY: � 0 Office of Labor Relations BY �� Form Ap oved Attomey By: Appr ve . ayor fo Submission to Council By _ ..._.. � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED � 7 -�� LABOR RELATIONS 7uly 14, 1997 GREEN SHEET No.: 35898 CO:�TACT PERSON & PHO1�E: IMTTAI✓DATE INI7'IAL/DATE � JLTI�IE K�US 266-6513 ASSIGN 1 DEPARI'MENT DIR. (�_ 4 CITY COUNCIL NiiMBER 2 CITY ATIORNEY CITY CLERK MI1ST BE ON COUNCIL AGE7VDA BY (DATE) ��R BUDGET DIR. �` f7N. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) p ORDER TOTAL # OF SIGNA7'URE PAGES,i (CLIP ALL LO'CATTONS FOR SIGNANRE) acrioN �QUES7En: This resolution approves the attached May 1, 1996 through April 30, 1998 Maintenance Labor Agreement between the City of Saint Paul and Operative Plasterers and Cement Masons Intemational Association, Local #633. RECOMMENDATIONSApprove(A)orReject(R) PERSONALSERVICEWNI'RACfSMUSCANSWERTHEFOLLOWING QUESTIONS: PLANNING COMMISSION CIVIL SERVICE COMMISSION I. Has this person/firm ever worked under a contraM for this departrnent? CIB COMMITTEE Yes No �STAFF 2. Has this persoNfi[m ever been a ciTy employee? DISTffiCT COURT Yes No SUPPORTS WHICH COIINCIL OHIECTTVE? 3. Does this person/fiim possess a skill not normally possessed by any cwrent ciry employee? Yes No Explain all yes answers on separate sheet and attach to green sheei INI'[7A'CING PROBLEM, ISSUE, OPPOB7"(JNITY (WAo, What, Whe�, Where, Why): n�� ,y� � l+ ax�PiaiB £@4i JUL 1 � i��7 - ,.� • ADVANTAGESIFAPPROVED: � '-"' - DISADVANTAGES IF APPROVED: '+� �� c �� T 619 y? '�� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANS.4CTION: CO5T/REVENUE BUDGETED: F[JNDLn`G SOURCE: ACI'IVTTY NUMBER: FINANCIALINFORD9ATION;(BXPLAII� 97 9s� ATTACHMENT TO GREEN SHEET Below represents the changes for the 1996-1998 Collective Bargaining Agreement between the City of Saint Paul and Operative Plasterers' and Cement Masons' International Associafion of the United States and Cavada, I.oca1633. Waees The City agreed to the prevailing wage rate. Administrative This group has only two members; both have Union benefits as opposed to City benefits. All language dealing with City benefits was obsolete and was deleted. F:�I,ABREL\CONTRAC1lCEMENTI] 996-98 WTTACH96 ATTACHMENT TO GREEN STiEET 97 - 93�+ Below represents the changes for the 1996-1998 Collective Bazgauring Agreement between the City of Saint Paui and Operative Plasterers' and Cement Masons' International Association of the United States and Canada, L.ocai 633. Wa es - The City agreed to the prevailing wage rate. Admi istrative This group has only two members; both have Union benefits as opposed to City benefits. All language dealing with City benefits was obsolete and was deleted. F: �I,ABREL\CONTRAC7lCEMEN'Il I 996-9 S W TTACH96 � �" 97-93� � : : � := _ � ,. � - 1VIA.Y I, :199b'THI�U APRII�_-30, 1998 � �� : .. ��E�v�vc� �ABOx �-��N� - - :�� - - , ' betwe�ri � F r J 1 _ t � J % . ..�. .. .�.- _. L 1 F 5 F '� � 1 s -' F'. � ;! �.Y : h 4 , �c �°t : �/ r. h 1 1; t � "__ . ..- ,. _., :. � S "` �l.+L��.l' " 'Y. :. �, � U+' E y t < : . � � /.N �T��;� `S ;£, f - � I f�= > � � ��N,S r ' IN�'�RNA�I4�IA�, ��+�!(;!� � �U�, i,��ai, �s3 f j ' ( � �A < [ � :� .�'. : _� � � . �' h ` 4 � �� e_. ..r�. . � . - ' ` i . � . . , . . � v r . "' � . ' ...3 �.. i 'F ' . � ti 5. £N .. �� i� �.. '.r � - � �:. � - }; � Z -. - .' . . . . . f' S � � � � . .. - . -� r 'T. t � � . ' � � � g� - 93.�. INDEX • • • ARTICLE TITLE Preamble .......... PAGE ..........................ii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 HoursofWork ....................................3 8 Overtime ........................................3 9 Call Back/Call In . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 10 Work Location . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 11 Wages ..........................................4 12 Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 13 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 15 Absences From Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 Separation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 19 Tools ...........................................8 20 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 21 22 23 24 25 26 Right of Subcontract . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Nondiscrimination ........................... ...... Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Waiver ..................... ..... . .............. City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ii 11 12 12 13 Appendix A ..................................... A1 Appendix B ......................................Bi Appendix C ......................................C1 Appendix D ..................................... D1 i 9� - 9.�� PREAMBLE • This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and Operative Piasterers' and Cement Masons' Intemational Association of the United 5tates and Canada, L,ocal 633, 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 Saint Paul for the benefit of the general pubiic through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of • responsibility. Constructive attitudes of the City, the Union, and the individual employees will best serve the needs of the general public. • ii ARTICLE 1- PURPOSE 9� ' 93� 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is • to: 1.1(i) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concerned; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; l.l(3) Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Empioyer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 23 (SEVERABILITY). ARTICLE 2 - RECOGNITION � 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, probationary, provisionai and temporary empioyed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-525-A dated May 22, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Bmployer 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 establish and modify the organizational structure; to select, direct and deternune the number oP personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of empioyment" not esiablished by this Agreement shail remain with the Employer to eliminate, modify, or establish following written notification to the Union. � EI ARTICLE 4 - UNION RIGHTS 4.1 The Union may designate one (i) employee from the bargaining unit to act as a Steward � and shall inform the Employer in writing of such designation. Such employee shall have ttie rights and responsibilities as designated in Article 20 (GRIEVANCE PROCEDURE). 4.2 Upon notification to a designated Employer supervisor, the Business Manager of the Union, or his/her designated representative sha12 be pemutted to enter the facilities of the Employer where employees covered by this Agreement are working. ARTICLE 5- SCOPE OF TIIEE AGREEMENT 5.1 This Agreement established the "terms and conditions of employment" defined by M.S. 179.63, Subdivision 18 for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civil Service Rule, Couacil Ordinance, aad Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired fotlowing 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. . 61(1) At any tune during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 21 (GRIEVANCE PROCEbURE). 6.1(2) An employee terminated during the probationary period shall receive a written notice of Che reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class shall serve a suc (6) month promotional probationary period during which time the employee's fitness and ability to perform the positiott's duties and responsibilities shall be evaluated. 6.2(1) At any tune during the promotional probationary period an employee may be demoted to the empIoyee's previousIy heId class at the discretion of the Employer without appeal to the provisions of Article 20 (GRIEVANCE PROCEDURE). 6.2(2) An empIoyee demoted during the promotional probationary period sha1l 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. � 2 ARTICLE 7- HOURS OF WORK 97 - 93`Z 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty • (30) minute lunch period between the hours of 7:00 a.m, and 5:30 p.m. 7.2 The normal work week sl�all be five (5) consecutive normal work days Monday through Friday. 73 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts, or a work week of other than Monday through Friday, the i3nion agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 7.4 This section shali not be construed as, and is not a guazantee 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 untii the end of the established work day unless otherwise directed by their supervisor. 7.6 All employees are subject to cail back by the Employer as provided by Article 9(CALL BACK/CALL IN). 7.7 Employees reporting for work at the established starting time and for whom no work is • available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 8 - OVERTIME 8.1 All overtime compensated by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claun will not be honored, even though shown on the time card, unless the required advance approval has been obtained. 8.2 The overtune rate of one and one-half (1.5) the basic hourly rate shal] be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normai work day, and 8.2(2) Time warked on a sixth (6th) day following a normal work week. � K3 ARTICLE 8 - OVERTIME (Continued) 83 The overtime rate of two (2) tunes the basic hourly rate shali be paid for work � performed under the following circumstances: 83(1) Time worked on a holiday as defined in Article 13 (HOLIDAYS); 8.3(2) Time worked on a seventh {7th) day following a normal work week. 8.4 For the purposes of caiculating overtime compensauon, overtime hours worked shall not be "pyramided" or compounded. Empioyees shall not be paid twice for the same hours. 8.5 Overtime hours worked as provided by this Article shall be paid in cash. 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 afrer an employee has completed a normal work day or norntal work week. 9.2 EmpIoyees called in or calied back shall receive a minimum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 8 (OVERTIME), when applicable, 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 ttie normal work day and be compensated only for overtnne hours worked in accordance with Article 8(OVERTIME). ARTICLE 10 - WORK LOCATION 10.1 Employees shail report to work location as assigned by a designated Employer Supervisor. Auring the normal work day employees may be assigned to other work Iocations at the discretion of the Employer. ARTICLE 11 - WAGES I1.1 The basic hourIy wage rates as established by Appendix C shalI be paid for all hours worked by an empioyee. 11.2 Regular, Provisional and temporary employees shall be considered, for the purposes of this Agreement, "Participating Employees" and shall be compensated in accordance with Article i i. Z(WAGES) and have fringe benefit contributions and/or deductions � made in their behalf as provided for by Article 12 (FRINGE BENEFITS). 0 97-93•z ARTICLE 12 - FRINGE BENEFITS 12.1 The Empioyer shall, for all hours worked, make contributions on behalf of and/or make • deductions from the wages of "participating employees" covered by this Agreement in accordance with Appendix D. ARTICLE 13 - HOLIDAYS 13.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents' Day, third Monday in February Memorial Day, last Monday in May Independence Day, July 4 Labor Day, first Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 13.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three • (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 13.3 The ten (10) 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 BACKiCALL IN). 13.5 Participating Employees, as defined in Article 11.2, assigned to work on Martin Luffier King Day, Presidents' Day, Veterans' Day, or the Day After Thanksgiving, shall be compensated on a straight tune basis for hours worked. 13.6 Such Participating Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. C� 5 ARTICLE I4 - DISCIPLINARY PROCEDURES 14.1 The Employer shall have the right to impose discipiinary actions on employees for just cause. • 14.2 Disciplinary actions by the Employer shall include only the following actions: 14.2(1) Oral reprimand. 14.2(2) Written reprunand. 14.2(3) Suspension. 14.2(4) Demotion. 14.2(5) Discharge. 14.3 Employees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appea2 of a suspension, demotion, or discharge shall be considered a"grievance" for the purpose of processing through the provisions of Article 20 (GRIEVANCE PROCEDURE). ARTICLE 15 - ABSENCES FROM WORK 15.1 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. 15.2 Failure to make such notification may be grounds for discipline as provided in Article 14 (DISCIPLINARY PROCEDURES). 15.3 Failure to report for work without notification for three (3) consecutive normal work days without notificaYion to the Employer may be considered by the Employer to be a "quit" on the part of the employee. ARTICLE 16 - SEIVIORITY 16.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 16.1(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 tifles covered by this Agreement. 16.1(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. C� • 6 ARTICLE 16 - 5EI�IORITY (Continued) 9� - 93�. 16.2 Seniority shall noY accumulate during an unpaid leave of absence, except when such a . leave is granted for a period of less than thirry (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. 16.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 16.4 In the event it is determined by the Employer that it is necessary to reduce the work force, employees wili be laid off by class title within each department based on inverse length of "Class Seniority". Employees laid off shall have the right to reinstatement in any previously held lower paid class tide covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 16.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the Employer. ARTICLE 17 - NRISDICTION 17.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of � the Employer. 17.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreemenis between ihe unions involved. 17.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute, or to restrict the Employer's basic right to assign work. 17.4 Any employee refusing to perform work assigned by the Emp]oyer and as clarified by Sections 17.2 and 17.3 above shail be subject to disciplinary action as provided in Article 14 (DISCIPLINARY PROCEDURES). 17.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. • 7 ARTICLE 18 - SEPARATION 18.1 Employees having a probationary or regular employment status shall be considered • separated from employment based on the following actions: 18.1(1} Resignation. Emgloyees resigning from employment shall give written notice fonrteen (24) calendar days prior to the effective date of the resignation. 18.1(2) Discharge. As provided in ArticIe 14. 18.1(3) Failure to Report for Duty. As provided in Article 15. 18.2 Employees having a temporary or provisional employment status may be temunated at the discretion of the Employer before the completion of a normal work day. ARTTCLE 19 - TOOLS 19.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 20 - GRIEVANCE PROCEDURE 201 The employer shall recognize the Steward selected in accordance with Union rules and regulations as the grievance representative of the bargauring unit. The Union shall notify the Employer in writing of the name of the Steward and of his/her successor when so deternuned. 20.2 It is recognized and accepted by the Emptoyer and the Union that the processing of grievances as hereinafter provided is lunited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance, and that such absence wouId not be deunnental to the work programs of the Employer. 20.3 The grocedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 14.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. � . . q7 - 93�- ARTICLE 20 - GRIEVANCE PROCEDURE (continued) 20.4 Grievances shall be resolved in conformance with the foilowing procedure: • Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shail attempt to resolve the matter on an informal basis with the employee's supervisar. If the matter is not resoived to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to 5tep 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union and submitted to the Employer within seven (7) calendar days of the first occurrence of the event giving rise to the grievance, shall be considered waived. The fust occurrence shall be either the actual date of the occunence or the date by which, through the exercise of reasonable diligence, the Union should have known of the alleged violation. Step 2: Within seven (7) calendar days after receiving the written grievance, a designated Bmployer Supervisor shall meet with the i3nion Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the • grievance in writing to Step 3 within seven (7) calendar days foilowing 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 Employer supervisor shall meet with the Union Business Manager or his designated regresentative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer sha11 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 reduced to writing by the Union and submitted to the Employer within seven (7) calendar days following receipt of the Employer's answer shall be waived. n U 0 ARTICLE 20 - GRIEVANCE PROCEDURE (continued) Step 4: If after seven (7) calendar days following the response of the Employer in • Step 3 the grievance remains unresolved, the Union, through written notice to the Employer, may request arbitration of the grievance. The arbitration proceedings shali be eonducted 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: Ifthe parties failto mutually 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 Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (lst) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbivator. 20.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The azbitrator shalI consider and decide only the specific issue submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of taws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be 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 • AGREBMENT 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. 20.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Empioyer and the Union, provided that each party shall be responsible for compensating iu own representative and wimesses. 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. 20.7 The tnne lunits in each step of this procedure may be extended by mutual agreement of the EmpIoyer and the Union. • 10 9�- 9� ARTICLE 21 - RIGHT OF SUBCONTRACT 211 The Employer may, at any time during the duration of this Agreement, contract out • work done by the employees covered by this Agreement. In the event that such contracting would resuit in a reduction of the work force covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 21.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 22 - NONDISCRIMINATION 22.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inembership or non-membership in the UNION. 22.2 Employees wili perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. • ARTICLE 23 - SEVERABILITY 23.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative, or judicial authority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the ]egislative, administrative, or judicial determination. • 11 ARTICLE 24 - WAIVER 241 The Employer and the Union acknowledge that during the meeting and negotiating • which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 24.2 The Employer and the Union agree, for the dnra6on of this Agreement, 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 Employer may, however, mutually agree to modify any provision of this Agreement. 24.3 Any and all prior ordinances, agreements, resoIutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 25 - CITY MII,EAGE 25.1 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. 25.2 Method of Comgutation: To be eligib2e for such reimbursement, alt o�cers and employees must receive written authorization from the Department Head. Tvpe 1: If an employee is required to use his/her 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 actually used in perfornung the duties of the employee's position. In addition, the employee sha21 be reimbvrsed $.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 deternzines that an employer vehicle is available 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 etigible for any per diem. • 12 9�-93.Z ARTICLE 25 - CITY MII.EAGE (Continued) � --y-�_ If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reunbursed at the rate of $4.00 per day for each day of work. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the department head or designated representative determines that an empioyer vehicle is available 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. This Article 25.2 shali become effective on the first day of the first month foliowing the date of the signing of this Agreement. 253 The City wiil provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their 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. 25.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures for automobile reimbursement. Such regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall �le � monthly aff'idavits 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 personal injury, and $25,000 for property damage, or liability insurance in amounts not less than $300,000 single limit coverage, with the City of Saint Paul named as an additional insured. These rutes and regulations, together with the amendment thereto, shall be maintained on file with the City Clerk. ARTICLE 26 - DURATION AND PLEDGE 261 This Agreement shall become effective as of the date of signing, except as specificaily provided otherwise in Articles 11 and 12, and shall remain in effect through the 30th day of April, 1998, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 26.2. 26.2 If either party desires to ternunate or modify this Agreement, 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 sucty (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. � 13 97 - q3a ARTICLE 26 - DURATION AND PLEDGE (Continued) � 26.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 26.3(1) The Union and the employees wiil not engage in, instigate, or condone any concerted action in which employees faii 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, faithfui performance of their duties of employment. 26.3(2) The Employer will not engage in, instigate, or condone any lock-out of employees. 26.3(3) This constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to the approval of the Administration of the City and the City Council and is also subject to ratification by the Union. � u Agreed to and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. WITNESSES: CITY OF SAINT PAUL � Mary . Kearney Labor Relations Director �6-2�f—�17 Date FORVI APPROVED: J ° Deputy City Attorney OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION, LOCAL 633 < �v ' � Larry Bennett Business Representative _� Date 1� 97 - �'3�- n��.n�r.�� The classes of positions recognized by the Employer as being exclusively represented by the Union are as foilows: Cement Finisher Apprentice Building Inspector-Cement Finisher and other classes of positions that may be established by the Employer where the duties and responsibilities assigned and are determined by the Bureau of Mediation Service to appropriately represented by this bargaining unit. C� • -Al- 9� - 9,3z. C� • • APPENDIX B All necessary hand tools. : 9�-9� � � • APPENDIX C The basic hourly wage rate for tempflrary employees appointed to the following classes of positions shall be: Cement Finisher Effective 04/27/96 $21.49* Effective 04/26/97 $21.94M The basic hourly wage rates for regular employees appointed to the following class title, who are receiving the fringe benefits listed in accordance with Article 12 shall be: Cement Finisher Effective 04/27/96 $20.57* *This rate includes the taxable Savings Plan deduction. Effective 04/26/97 $21.00* The basic hourly wage rate for temporary employees whose iength of service and earnings require that they be subject to Public Employees Retirement Association contributions shatl be the rate as shown in this Appendix "C" for such employees in such classes divided by 2.0448. The State of MinnesoTa has passed legislation to change the Public Employees Retirement Association (PERA) contribution rates for employers and employees. When the rates change, the rates listed above will change accordingly. -Cl- 9 � - 9�-z APPENDIX D i Effective April 27, 1996, the Employer shaii: (1) contribute to a Health and Welfare Fund $2.56 per hour for all hours worked by panicipating employees. Effective Apri126, 1997 ihis Health and Welfare Fund contribution will increase to $2.66 per hour. (2) contribute to Part A of the Pension Fund $3.75 per hour for ali hours worked by participating employees. Effective Apri126, 1997 this Pension Fund convibution will increase to $4.15 per hour. (3) deduct for a Savings Plan $2.65 per hour from which payroll deductions have been made for all hours worked by participating employees covered by this Agreement. (4) contribute to an Apprenticeship Fund $0.10 per hour for all hours worked by participating employees. Effective Apri126, 1997 this Apprenticeship Fnnd contribution will increase to $0.15 per hour. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for employees are decreased or increased by the same total amount. AIl contributions made in accordance with this Appendix D shall be forwarded to depositories • as directed by the Union. The Employer shall establish Worker's Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Participating employees covered by this Agreement, shall not be eligible for, governed by, or accumulate vacation, sick leave, holiday, funera] leave, jury duty, or insurance fringe benefits that are or may be established by Civit Service Ru1es, Councii Ordinance or Council Resolutions. The Empioyex's fringe benefit obligation is Iunited to the contributions and/or deductions established by this Agreement. The actual ]eve] of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. � Ml71i