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91-1786 ��, `��+� `��9��IIf°i�t�.. Council File # �(`�l7 '; , , i ! �_�Green Sheet � �298 , RESOLUTION ; CITY OF SAINT PAUL, MINNESOTA � , ,'� Presented Byl� / / --- Referred To Committee: Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1991 - 19�94 agreement between the City of Saint � Paul and the United Association of Pipefitters, Local Union #455. I ! I � i � n a Navs Absent Requeated by Department of: osw cn Per el and Labor Relations acca ee �et ma un � i son By: Adopted by Council: Date 0�T 1 1991 Fo� ed by City Attorney j Adoption C ed by Council S cretary BY: , By' Approved by Mayor for Submiasion to Approved b Ma or: Date ' Council 2 991 � By: ' By: hy' i ! PUBIISN � OLT 12'9 t �'�-i�� .� DEPARTMEMT/OFFIC NGL DATE INITIATED p Personnel and Labor Relations 8/30/91 GREEN SHEE NO. ��9C) CONTACT PERSON 3 PHONE INITIAI/DA INITIAUDATE DEPARTMENT DIRECTOR �CITY COUNCIL David Abrams 292-7301 N��F� �CITY ATTORNEY �CITY CLERK MU8T BE ON COUNCIL AOENDA BY(DATE) ROUTING �BUDOET DIRECTOR �FIN.8 M�T.8ERVICES DIR. �MAYOR(OR A8818TAN � TOTAL N OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR 81GNATUR� ACTION REGUEBTED: This resolution approves a three (3) year contract between the Ci y of Saint Paul and the United Assoc�iat�:on of Pipefitters, Local Union �k455. i RECOMMENDATIONS:Approve(A)a Ry�t(R) COUNCiI CO�AMITTEE/RE8EARCH f�PORT OPtI L _PLAWNIN(i O�AMISSION _CIVIL SERVICB WMMI8810N ANALYST PNONE NO. � _pB OOMMITTEE _ _�� _ COMMENTS: 91 -°'�'�`�'� - ' CITY ATTORNEY SUPPORTS WHICH COUNqL OBJECTIVE9 INITIATINO PROBLEM.ISSKIE�OPPOHTUNITY(Who�What�When�WMn�Why): Current contract expired on April 30, 1991 . �� SEP 09 1991 � MaYO�rs o� ADVANTAOES IF APPROVED: Three-year settlement with this unit. See Attached. � � DISADVANTA(iE31F APPROVED: �°ne Council Rese�rch C�nter , , SEP 1 � 1991 I I oiawviurr�oes iF Nor��o: Possible strike or arbitration. RECEIVED 5EP 171991 CITY CLERK lst year: $18,970 TOTAL AMOUNT OF TRANSACTION = 2nd year: BeQnen_Contrac t�pgT�qEVENUE BUDOETED(C ONE) YES NO 3rd year: Reopen Contract FUNDMKi SOURCE Various ACTMTY NUMBER FINANCIAL INFORMATION:(EXPIJUN) � � � � � �w � � - ; . , , NOTE: (�MPLETE DIRECTIONS ARE INCLUDED Ild THE OREEN SHEET INSTRUCTIONAL MANUAI AVAILABLE IN THE PURCHASIN(i OFFiCE(PHONE NO.298�225). ROUTIN�3 ORDER: Below aro profsrred routings for the Nve m�t ftequent types M dxumsMS: . CONTRACTS (assun�es authoriz�d COUNCIL RESOLUTION (Amerid, Bdgts./ bud�et exista) Accspt. Orents) 1. Outsids Agsncy . � 1. DepBrtmsM Diractor . 2. Inkiatiny Department 2. Budpet Dirsctor � • 3. Gty Attorney 3. City Attomsy 4. Mayor 4. MayoNAesistent 5. Finance 8 Mgmt Svcs. Director 6. City Coundl 6. Flnar�ce AccouMinp 6. Chlef AccountaM,Fln&Mymt Svcs. ADMINIS?'RATIVE ORDER (Budqet COUNqL RESOLUTION (all othsrs) Revision) and ORDINANCE 1. Activity Managsr 1. Initiating DepaRmeM Diroct� 2. DepartmsM Accountant 2. Gty Attorney 3. Department Director 3. MayoNAssietant 4. Budget DireCtor 4. City COUhcil 5. City qerlt 6. Chief AxountaM, Fln�Mgmt Svca. ADMINISTRATIVE ORDERS (aU others) 1.� In(tiatlng Departmsnt 2. Gty Attomey 3. MsyoNAssfsUtnt 4. Gty(�s�lt TOTAL,l�UMBER OF SICiNATURE PAQE3 Indicat"s ths�of pa�se on which aignaturos are requlred and papsrcND each of th�e sp�ss. - ACTION RE�UESTED . . � , De�c�ibs whet the ProjecUrequsst assks W accomplish in sither chronologi- cel ordsr or oMer of impoRar�ce,whichevar is most appropriate for the issue. Do n�write complete ssMsnces. Begin each ham In your Iist with a verb. RECOMMENDATIONS C�nplste if the iswe in qusstbn hae been presern�d before arry body, public or p�ivate. SUPPORTS WHI(�I OOUNqL OBJECTIVE? �nd�cete whicn cound�objective(s)your a��Q��t��Y��9 the key word(s)(HOUSING, RECREATIQN, NEI(iH80RHOODS, EOONOMIC DEVELOPMENT, � BUDOET,SEWER SEPARATIOPI).(SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL OOMMITTEEIRE3EARCH REPORT-OPTIONAL AS RE�UE3TED BY COUNCIL INITIATINO PROBLEM, 13SUE,OPPORTUNITY Explain the akuation or c�dk�ns that created a need for your project or requeat. ADVANTACiES IF APPROVED Indicate whether thla is simpy en annual budpet proc�dure requirod by law/ chartsr or whether thsro aro spec;iffc w, in which the City of SeiM Paul and its citizens wfll bensflt from this p►o�ectlactfon. DI3ADVANTA(iES IF APPROVED What ne�ative effects or major changes to existing or past proceesss miyM thia project/requsst produce ff it is pessed(s.g.,trafHc dslays, noiee, tax increases or aseessmanta)?To Whom?Whsn? For h�r bng? DISADVANTA(3E3 IF NOT APPROVED What will be the nepedive conaequenCes ff the promised Sction ia not . approved?InabilRy to deliver ssrvics?Continued high trefNc, nase, acxident rate?Loss of rovenus? FlNANCIAL IMP�ICT Although you must tailor the information you provide here to the issue you are add�sin�, in gensral you must anawer two queetions: How much is ft yan�to cost?Who fs gang to pay? . �-q�.-�7� i . I ATTACHMENT TO GREEN SHEET 1. Financial Information ' A. Number of Employees Affected: 6 B. Approximate cost of CURRENT wages & benefits for 1990-1991: $335,920 C. Approximate cost of wages & benefits increase for 1991-1992: $18,920 For the period of May, 1991 thru April, 1992 the figures reflect an average total I package increase of $1.52 per hour or 5.6$. The new total package is based on the �, outside total package the Union negotiated with the private contractors. This increase is retroactive to May 4, 1991. I�! This is a three-year contract which requires the parties to reopen for the following issues as shown below. �' 2nd YEAR * Wages , * City Mileage Allowance ' * Procedures for Grieving Discipline Matters I 3rd YEAR � ', * Wages I� 2. Language Changes This contract also includes language changes in the following articles. , * Hours of Work * Holidays , * Legal Services * Fringe Benefits ' Other changes are primarily housekeeping in nature. These include such changes as making terms gender neutral, deleting obsolete and redundant language, and I rewording existing language to clarify the original intent. ' I I /,Y�/�//0� I' INDEX t,A / �. ARTICLE TITLE PAGE Preamble iii � � 1 Purpose . 1 ' 2 Recognition 2 i 3 Employer Rights 3 i 4 Union Rights 4 5 Scope of the Agreement 5 6 Probationary Periods 6 i 7 Philosophy of Employment and Compensation 7 8 Hours of Work 8 9 Overtime 9 i 10 Call In/Call Back 10 11 Work Location, Residency 11 I 12 Wages 12 13 Fringe Benefits 13 14 Selection of Foreman and General Foreman 14 15 Holidays 15 16 Disciplinary Procedures 16 j 17 Absences From Work 17 18 Seniority 18 � 19 Jurisdiction 19 I i 20 Separation 20 21 Tools 21 � 22 , Grievance Procedure 22 23 Right of Subcontract 27 24 Non-discrimination 28 , ' 25 Severability 29 26 Waiver 30 i 27 City Mileage Plan 31 i 28 Legal Services 32 29 Uniform Allowance 33 30 Duration & Pledge 34 Appendix A A1 Appendix B Bl Appendix C C1 Appendix D D1 Appendix E E1 - ii - , �,�q�-�� P R E A M B L E This AGREEMENT is entered into between the City of Saint Paul, hereinafter referred to as the EMPLOYER and the United Association Pipefitters Local Union No. 455, hereinafter referred to as the UNION. � The EMPLOYER and the UNION concur that this AGREEMENT has as its � !� ob3ective the promotion of the responsibilities of the City of Saint Paul I ��i for the benefit of the general public through effective labor-management I � cooperation. � I i�i The EMPIAYER and the UNION both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between � , , II eo le at all levels of res onsibilit . Constructive attitudes of the � P P P Y � I, EMPLOYER, the UNION, and the individual employees will best serve the needs of the general public. I - iii - � i , ARTICLE 1 - PURPOSE ��j /�U�" " 1.1 The EMPIAYER and the UNION agree that the purpose for entering into � this AGREEMENT is to: I 1.11 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; I1.12 Set forth rates of pay, hours of work, and other I � conditions of employment as have been agreed upon I �� by the EMPLOYER and the UNION; I 1.13 Establish procedures to orderly and peacefully i � resolve disputes as to the application or inter- I , pretation of this AGREEMENT without loss of productivity. I � 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a i supplement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the �I, 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 25 (SEVERABILITY) . '� - 1 - ARTICLE 2 - RECOGNITION 2.1 The EMPLOYER recognizes the UNION as the exclusive representative • for collective bargaining purposes for all personnel in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-480-A dated April 16, 1973, if those personnel meet the statutory test for inclusion found in M.S. 179A. - 2 - . �-.��-i�� ARTICLE 3 - EMPLOYER RIGHTS I ' 3.1 The EMPLOYER retains the right to operate and manage all personnel, I facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure; to select, � direct, and determine the number of personnel; and to perform any � inherent managerial function not specifically limited by this I AGREEMENT. I i I 3.2 Any "term or condition of employment" not established by this � AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or ��I establish following written notification to the UNION. , � II� ! , � � I', � �I ' - 3 - i�� i ARTICLE 4 - UNION RIGHTS 4.1 The EMPIAYER shall deduct from the wages of employees who authorize ' such a deduction in writing an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPLOYER shall not deduct dues from the wages of employees covered by this AGREEMENT for any other labor organization. 4.12 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charges made against the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the rights and responsibilities as 'designated in Article 21 (GRIEVANCE PROCEDURE) . 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the EMPLOYER where employees covered by this AGREEMENT are working. - 4 - ARTICLE 5 - SCOPE OF THE AGREEMENT C/' �j_/�� ! � 5.1 This AGREEMENT estab�ishes the "terms and conditions of employment" , defined by M.S. 179.63, Subd. 18 for all employees exclusively N ha 1 su ersede such , represented by the UNION. This AGREEME T s 1 p � "terms and conditions of employment" established by Civi1 Service � Rule, Council Ordinance, and Council Resolution. i , i i I I - 5 - ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in ' a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 21 (GRIEVANCE PROCEDURE) . 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termina- tion, a copy of which shall be sent to the UNION. 6.2 All personnel promoted to a higher class shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probationary period an employee may be demoted to the employee's previously held class at the discretion of the EMPIAYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE) . 6.22 An employee demoted during the promotional probationary period shall be returned to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. - 6 - ARTICLE 7 - PHIIASOPHY OF EMPLOYMENT AND COMPENSATION C�'f� I�� • 7.1 The EMPLOYER and the UNION are in €ull agreement that the philosophy of employment and compensation shall be a "cash" hourly wage and "industry" fringe benefit system. I � 7.2 The EMPLOYER shall compensate employees for all hours worked at the Ibasic hourly wage rate and hourly fringe benefit rate as found in I Articles 12 (WAGES) and 13 (FRINGE BENEFITS) . � �� I 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this I AGREEMENT. I � I I � � , I • , II � i ' - 7 - . ARTICLE 8 - HOURS OF WORK 8.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 8.3 If, during the term of this AGREEMENT, it is necessary in the EMPLOYER'S �udgment to establish second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the UNION agrees to enter into negotiations immediately to establish such conditions. 8.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are sub�ect to call-back by the EMPLOYER as provided by Article 10 (CALL IN/CALL BACK) . 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. - 8 - � �j9/`�� . - Article 9 - Overtime I '�i 9.1 All overtime compensated for by the EMPLOYER must receive prior authori- zation from a designated EMPLOYER supervisor. No overtime work claim will 'I be honored for payment or credit unless approved in advance. An overtime I � clair� wiZl not be honored, even though shown on the time card, unless the I � required advance approval has been obtained. � i i 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be � paid for work performed under the following circumstances: , 9.21 Time worked in excess of eight (8) hours in any one " normal work day and, 9.22 Time worked in excess of forty (40) hours in a seven (7) i day period. , 9.3 For the purposes of calculating overtime compensation overtime hours worked shall not be "pyramided", compounded, or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash ' or compensatory time as determined by the Employer. il � I - 9 - i ARTICLE 10 - CALL IN/CALL BACK 10.1 The EMPLOYER retains the right to call in or call back employees . before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called in or called 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 9 (OVERTIME) , when applicable, whichever is greater. 10.2.1 Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME) . - 10 - _ ��,7� ARTICLE 11 - WORK LOCATION, RESIDENCY ' 11.1 Employees shall report to work location as assigned by a designated EMPLOYER . supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the EMPLOYER. 11.3 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by this AGREEMENT. - 11 - ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid " � for all hours worked by an employee. 12.2 Provisional, Temporary, and regular employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall be com- pensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Article 13 (FRINGE BENEFITS) . - 12 - ' /7� ��- �" �I� ARTICLE 13 - FRINGE BENEFITS � , I, � � 13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of employees covered by this AGREEMENT in accordance with Appendix D for all hours worked. I � i ' 13.2 Employees covered by the rates in Item 2 of Appendix C shall be eligible for ' ten paid holidays and 160 hours of paid vacation in accordance with the St Paul I Salary Plan and Rates of Compensation. These rates have been reduced by an �i amount equal to the cost of granting such amounts of paid holiday and paid i I vacation. � 13.3 Em lo ees covered b the rates in Item 3 in A endix C shall be eli ible for P Y Y PP g I, ten paid holidays in accordance with the St. Paul Salary Plan and Rates of ' Compensation. These rates have been reduced by an amount equal to the cost of I granting such amount of paid holidays. i ' 13.4 Employees hired as a provisional, probationary or regular employee will be covered under Item 3 of Appendix C but may elect to be covered under Item 2 of I Appendix C of the Agreement one time during the employee's employment with the , City of St. .Paul. Item 1 pertains to temporary employees and may not be ! elected. The employee's election may not be changed for the duration of the ' employee's employment with the City of St. Paul. - 3 - 1 , ARTICLE 14 - SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the class of position Pipefitter � Foreman shall remain solely with the EMPIAYER. 14.2 The class of position Pipefitter Foreman shall be filled by employees of the bargaining unit on a "temporary assigtunent" . 14.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. 14.4 Such "temporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. - 14 - r _ U�/�7� ARTICLE 15 HOLIDAYS 15.1 The following ten (10) days shall be designated as holidays: � New Year's Day, January 1 � Martin Luther King Day, Third Monday in January (effective 1986) , 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 i � 15.2 When New Year's Day� Independence Day or Christmas Day falls on a i 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. 15.3 The ten (10) holidays shall be considered non-work days. I � 15.4 If, in the �udgment of the EMPLOYER, personnel are necessary for ioperating or emergency reasons, employees may be scheduled,"called , in" or "called back" in accordance with Article 10 (CALL IN/CALL BACK) . i �� 15.5 If an employee entitled to a holiday is required to work on Martin Luther King Day, President's Day, Veteran's Day, or the Day After Thanksgiving, he shall be I � granted another day off with pay in lieu thereof as soon thereafter as the i ; convenience of the department permits, or he shall be paid on a straight time � basis for such hours worked, in addition to his regular holiday pay. If an I employee entitled to a holiday is required to work on New Year's Day, Memorial � Day, Independence Day, Thanksgiving Day or Christmas Day, he shall be recom- pensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours � � , worked, in addition to his regular holiday pay. Eligibility for Holiday pay i shall be determined in accordance with Section I, Subsection I of the St. Paul I Salary Plan and Rates of Compensation. I - 15 - I � I � ARTICLE 16 - DISCIPLINARY PROCEDURE 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPIAYER shall include only the following actions: 16.21 Oral reprimand. 16.22 Written reprimand. 16.23 Suspension. 16.24 Demotion. 16.25 Discharge. 16.3 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 appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEDURE) . - 16 - ��i � �� ARTICLE 17 ABSENCES FROM WORK 17.1 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. 'I 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES) . �' 17.3 Failure to report for work without notification for three (3) consecutive normal work days may be considered a "quit" by the , EMPIAYER on the part of the employee. � , ' - 17 - ARTICLE 18 - SENIORITY 18.1 Seniority, for the purposes of this AGREEMENT, shall be defined as follows: yo „ ^Master Seniority" - The length of continuous regular v and probationary service with the EMPIAYER from the last date of employment in any and all class titles covered by this AGREEMENT. 18.12 "Class Seniority" - The length of continuous regular . and probationary service with the EMPIAYER from the date an employee was first appointed to a class title , covered by this AGREEMENT. 1g,2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or in�ury; 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. 18.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees will 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 title, covered by this Agreement, provided such employee has greater "Class Seniority" than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority", subject to the approval of the EMPLOYER• - 18 - ARTICLE 19 - JURISDICTION ��/ /�� 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate sub�ect to determination by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work ,juris- diction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the EMPLOYER shall meet as soon as 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. 19.4 Any employee refusing to perform work assigned by the EMPIAYER and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (DISCIPLINARY PROCEDURES) . 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. I I , � I i - 19 - I I ARTICLE 20 - SEPARATION 20.1 Employees having a probationary or regular employment status shall • be considered separated from employment based on the following actions: 20.11 Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.12 Retirement. As provided in Article 16. 20.13 Discharge. As provided in Article 16. 20.14 Failure to Report for Duty. As provided in Article 17. 20.2 Employees other than regular employees who have successfully completed their probationary period may be terminated at the discretion of the Employer before the completion of a normal work day. - 2 0 - � ARTICLE 21 - TOOLS (i/ �/�/�"/ � 21.1 All employees shall personally provide themselves with the tools . of the trade as listed in Appendix B. �!�I ,� � �I _ i � ' � , � ,I � I , - 21 - II i ARTICLE 22 - GRIEVANCE PROCEDURE ' 22.1 The EMPLOYER shall recognize the Steward selected in accordance with UNION , rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the name of the Steward and of his/her successor when so named. 22.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when 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 would not be detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 16.3, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT.- 22.4 Grievances shall be resolved in conformance with the following procedure: te 1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee fnvolved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved - 22 - . �y�� ARTICLE 22 - GRIEVANCE PROCEDURE (continued) ' to the employee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and i the relief requested. Any alleged violation of the II AGREEMENT not reduced to writing by the UNION within I seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of I reasonable diligence should have had knowledge of the � I first occurrence of the event giving rise to the grievance, shall be considered waived. te 2. Within seven (7) calendar days after receiving the written � grievance a designated EMPIAYER supervisor shall meet with , the UNION Steward and attempt to resolve the grievance. If, Ili 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 following receipt of the EMPLOYER'S written answer. Any , , grievance not referred in writing by the UNION within seven (7) II calendar days following receipt of the EMPLOYER'S answer shall ibe considered waived. � j �'I � - 23 - ARTICLE 22 - GRIEVANCE PROCEDURE (continued) te 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 representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. Stev 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of . the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the - 24 - � ARTICLE 22 - GRIEVANCE PROCEDURE (continued) ' ��r�� UNION shall have the right to strike two (2) !i names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be I� repeated and the remaining person shall be the ' arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, I!, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority , to make a decision on any other issue not 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 laws, rules or regulations having the force and effect of law. The arbitrator's �I, 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 i II, express terms of this AGREEMENT and to the facts of the grievance � presented. The decision of the arbitrator shall be final and binding � on the EMPLOYER, the UNION and the employees. � - 25 - i i �i ARTICLE 22 - GRIEVANCE PROCEDURE (continued) 22.6 The fees and expenses for the arbitrator's services and proceedings - shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. - 26 - � ARTICLE 23 - RIGHT OF SUBCONTRACT �/� /�"I64f� 23.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in a reduction of the work force covered by this AGREEMENT, the EMPIAYER shall give the UNION a ninety (90) calendar day notice of the intention to sub-contract. 23.2 The sub-contracting 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. � - 27 - ARTICLE 24 - NON-DISCRIMINATION 24.1 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, or because of inembership or non-membership in the UNION. 24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. - 28 - I � ARTICLE 25 - SEVERABILITY C��/�/7"T � 25.1 In the event that any provision(s) of this AGREEMENT is declared � to be contrary to law by proper legislative, administrative, or , �udicial authority from whose finding, determination, or decree , no appeal is taken, such provision(s) shall be voided. All other I�, provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations I I to place the voided provisions of the AGREEMENT in compliance �; with the legislative, administrative, or �udicial determination. � jl � �i, !I - 29 - i i ARTICLE 26 - WAIVER 26.1 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. 26.2 Therefore, the EMPLOYER and the UNION for the duration of this AGREEMENT agree that the other party shall not be obligated to meet and negotiate over any term 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. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. - 30 - � ARTICLE 27 - CITY MILEAGE ��i�� 27.1 Automobile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and employees for the use of their own sutomobiles in i the performance of their duties, the following provisions are adopted. '�, 27.2 Method of Computation: To be eligible for such reimbursement, all ; officers and employees must receive written authorization from the ' Department Head. Type 1. If an employee is required to use his/her own automobile � OCCASIONALLY during employment, the employee shall be reimbursed at � the rate of $3.00 per day for each day the employee's vehicle is actually used in performing the duties of the employee's position. In addition, the employee shall be reimbursed $.15 per mile for each � mile actually driven. � If such employee is required to drive an sutomobile during employment and the department head or designated representative determines 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 reim- ' bursed at the rate of $.15 per mile driven and shall not be eligible ' for any per diem. � �,ype 2 If an employee is required to use his/her own sutomobile � REGULARLY during employment, the employee shall be reimbursed at the ; rate of $3.00 per day for each day of work. In addition, the employee , shall be reimbursed $.15 per mile for each mile actually driven. � ' If such employee is required to drive an automobile during employment I and the department head or designated representative determines that an employer vehicle is available for the employee's use but the employee I desires to use his/her own automobile, then the employee shall be reim- bursed at the rate of $.15 per mile driven and shall not be eligible for '� any per diem. � 27.3 The City will provide parking at the Civic Center Parking Ramp for City employees on either of the above mentioned types of reimbursement plans who are required to have their 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. 27.4 Rules and Re�ulations: The Mayor shall adopt rules and regulations governing the procedures for sutomobile reimbursement� which regulations and rules shall contain the requirement that recipients shall file daily reports indicating miles driven and shall file monthly affidavits stating the nwnber of days worked and the number of miles driven, and further require that they maintain sutomobile liability insurance in amounts of not less than $100,000/$300,000 for personal in�ury, 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 rules and regulations, together with the amendment thereto, shall be maintained on ffle with the city clerk. - 31 - \ ARTICLE 28 - LEGAL SERVICES 28.1 Except in the case of malfeasance in office or willful or wanton neglect • � of duty, the EMPLOYER shall defend, save harmless and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of the employee's duties. 28.2 Notwithstanding the provisions of Article 28.1, the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or �udgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 28.3 Notwithstanding the provisions of Article 28.1 and 28.2, the employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and is such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 28.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of the City Clerk. - 32 - '� � -i��o _ �� ARTICLE 29 UNIFORM ALIAWANCE I29.1 A uniform allowance base of three hundred and fifty-five dollars ($355.00) as a clothing allowance on a voucher system is established for 1986 for iall inspectional employees of the Fire Prevention Division of the St. Paul � Department of Fire and Safety Services covered by this Agreement. Items Icovered by this clothing allowance shall be defined by the Employer. ' �' � ,I ' , , . I� I - 33 - � ARTICLE 30 - DURATION AND PLEDGE 30.1 Unless otherwise specifically stated elsewhere herein, this Agreement is effective the date of signing by the Employer and the Union and shall remain in effect through the 30th day of April, 1994, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 30. 30.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided, that the AGREEMENT may only be so terminated or modified effective as of the expiration date. 30.2.1 Notwithstanding Article 30.2, the Employer and Union agree to reopen this Agreement no later than May 1, 1992 to negotiate Articles 12, 13, 16, 22 and 27. Further, the Employer and Union agree to reopen this Agreement no later that May 1, 1993 to negotiate Articles 12 and 13. 30.3 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 concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the AGREEMENT: 30.3.1 The UNION and the employees will not engage in, instigate, or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work, or absent themselves in whole or part from the full, faithful performance of their duties of employment. 30.3.2 The EMPLOYER will not engage in, instigate, or condone any lock-out of employees. - 34 - II i ARTICLE 30 - DURATION AND PLEDGE (continued) /�,/�j...��p �� r 30.3.3 This constitutes a tentative agreement between the parties which will be recommended by the City Negotiator, but is ', subject to the approval of the Administration of the City i and the City Council and is also subject to ratification !,I by the UNION. , AGREED to this`��day of��"�',� 1991 and attested to as the full � and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the EMPLOYER �! and the UNION. � WITNESSES: �I UNITED ASSOCIATION PIPEFITTERS C F SAINT PAUL IACAL UNI N0. 455 i ., n u u � � � � C / Ii David Abrams I City Labor Negotiator ' � � 'i �� James C. Lombardi Deputy City Labor Negotiator i �I ! �. I i - 35 - I . �'�i��7� APPENDIX A � The classes recognized by the EMPLOYER as being exclusively represented by the UNION are as follows: Pipefitter-Foreman Pipefitter Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceperson Mechanical Inspector - Pipefitter Senior Mechanical Inspector - Pipefitter and other classes that may be established by the EMPLOYER where the duties and responsibilities assigned are determined by the Bureau of Mediation Service to be appropriately represented by this bargaining unit. - Al - APPENDIX B 6' folding ruler - B 1 - I � ' ��1/-� �� APPENDIX C l. The basic hourly wage rates for temporary employees appointed to the following classes shall be: Effective Effective 5-04-91 6-29-91 ' Mechanical Inspector . . . . . . . . . $ 23.52* $ 23.22* Senior Mechanical Insp. -Pipefitter . . $ 24.52* $ 24.22* The basic hourly rate for temporary employees whose length of employment and , earnings require that they be subject to Public Employees Retirement Association (PERA) contributions shall be the temporary rate divided by 1.0448. 2. The basic hourly wage rate for provisional, probationary and regular employees � appointed to the following classes who have elected to be eligible for paid ' holidays and paid vacation in accordance with Article 13.2 of this Agreement � shall be as follows: '� Effective Effective ; 5-04-91 6-29-91 Mechanical Inspector . . . . . . . . . $ 19.92** $ 19.66** ISenior Mechanical Insp. -Pipefitter . . $ 20.76** $ 20.51** 3. The basic hourly rate for provisional, probationary and regular employees appointed to the following class who have elected to be eligible for onlv paid holidays in accordance with Article 13.3 of this Agreement. II Effective Effective ' � 5-04-91 6-29-91 'I Meclianical Inspector . . . . . . . . . $ 21.65*** $21.37*** I'�, Senior Mechanical Inspector. . . . . . $ 22.57*** $22.29*** I The rates in Item 3 in this Appendix C shall be the applicable rates for all �I employees appointed to the class of Mechanical Inspector on or after July 1, � 1990. I *This rate includes the $3.46 per hour taxable contributions listed in Appendix D. **This rate includes the $3.46 per hour taxable contributions listed in ; Appendix D and reflects 80 hours of paid holidays and 160 hours of paid I vacation. I � ***This rate includes the $3.46 per hour taxable contributions listed in ; Appendix D and reflects 80 hours of paid holidays. In the event that the Union elects to have the fringe benefit contributions i made by the Employer for such employees that are listed in Appendix D increased during the contract period, the basic hourly wage rate shall be reduced by the j amount of such increase. I�I - C1 - I APPENDIX D Effective May 4, 1991, the EMPLOYER shall: , (1) Contribute $2.50 per hour from which payroll deductions have been made for all hours paid to employees, to a Union designated Credit Union. Effective upon the effective date of this agreement this contribution shall become $3.45 per hour. (2) Contribute $ .O1 per hour from which payroll deductions have been made for all hours paid to participating employees as defined in Article 12.2 of this Agreement, to a Union designated Working Fee Fund (3) Contribute $1.83 per hour for all hours paid to participating employees as defined in Articles 12.2 of this AGREEMENT, to a Health and Welfare Fund. Effective June 29� 1991, this contribution shall be increased to $2.13 per hour. (4) Contribute $2.78 per hour for all hours paid to participating employees as defined in Articles 12.2 of this AGREEMENT, to the Pension Fund. (5) Contribute $ .11 per hour for all hours paid to participating employees as defined in Articles 12.2 of this AGREEMENT, to the Journeyman and A�prenticeship Training Fund. (6) Contribute $ .03 per hour for all hours paid to participating emplo�ees as defined in Articles 12.2 of this AGREEMENT, to the G�neral Benefit Fund All contributions made in accordance with this Appendix shall be forwarded to the �in Citv Pipe Traders Service Association. The EMPLOYER shall establish Worlmaan's Compensation and Unemployment Compensa- tion programs as required by Minnesota Statutes. . The EMPLAYER'S fringe benefit obligation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. - Dl - 1 APPENDIX E �` / /�� J WORKING CONDITIONS FOR SENIOR MECHANICAL INSPECTORS. MECHANICAL �NSPECTORS. REFRIGERATION INSPECTORS AND GAS BURNER INSPECTORS � As a result of the 1974 settlement the Parties have established craft- � determined rates for Senior Mechanical Inspectors, Mechanical Inspectors, Refrigeration Inspectors and Gas Burner Inspectors, with specific under- I standing that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the EMPIAYER in applying Article 3 - i EMPLOYER RIGHTS - of the MAINTENANCE LABOR AGREEMENT, shall have the I right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate li rates for these classifications as well as for Inspector classifications I in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims Ior restrictions be asserted by the UNION because members of various ' Inspector classifications are assigned to work which is also performed by � other Inspector classifications. ,I� �I � I - El -