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91-2190 ��t ' Council File # /q�/ d ✓ Green Sheet ,� RESOLUTION . ,� CI OF SAINT PAUL, MINNESOTA �L� � Presented By ' Referred To � Committee: Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached agreements between Independent School District No. 625 and the following labor organizations: 1. United Association Pipefitters Local Union No. 455 2. United Association Plumbers Local 34 � Navs Absent Requested by Department of: sw + .�- Office of Personnel and Labor Relations cca ee � et ma � i son i BY� __.- Adopted by Council: Date �v Fo Ap rov by City Attorney Adoption C tified by Co i Secretary By: I By' � Approved by Mayor for Submission to r. Council Approved by' yor: D te �� ' �� By: By' PtlBUSNED DEC 21'91 ! � .� , 1,�9�a��'° DEPARTMENT/OFFICE/COUNCIL DATE INITIATED �T� �� Personnel and Labor Relations 11/14/91 REEN SHEET l� CONTACT PERSON 8 PHONE INITIAL/DATE INITIAL/DATE EPARTMENT DIRECTOR �CITY COUNCIL David Abrams 292-7301 A$$�GN CITYATfORNEY aCITYCLERK MUST BE ON COUNCIL AGENDA BY(DATE) NUMBER FOR �BUDGET DIRECTOR �FIN.&MGT.SERVICES DIR. ROUTING ORDER MAYOR(OR ASSISTAN� � TOTAL#OF SIGNATURE PAGES � (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION RE�UESTED: This resolution approves the attached agreements between Independent School Distric�t No. 625 and the labor organizations listed in the attached summaries. RECOMMENDATIONS:Approve(A)or Reject(R) pERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING�UESTIONS: _PLANNING COMMISSION _ CIVIL SERVICE COMMISSION �• Has this person/firm ever worked under a contract for this departmeM7 _CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _S7AFP — YES NO _DI37RICT COURT _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? 3UPPORTS WHICH COUNCII OBJECTNE? YES NO Explaln all yes answers on aeparats sMest and attach to gresn shest INITIATINO PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Whero,Why): � ti c�'/ C'i °v � �Fl� �` ��g '9�j,� 9j �� ADVANTAGES IF APPROVED: � ^"�,, Np� � 9 �c DISADVANTAGES IF APPROVED: n�:.�;�,-�a. ,, None. These are School District contracts. The provisions containec�"''t�ire�,@in do not affect City of Saint Paul employees. DISADVANTAOES IF NOT APPROVED: Counci! �QsP�rch Center RECEIVED NOV 2 51g9� NOU 2 0 1991 CITY CLERK TOTAL AMOUNT OF TRANSACTION S CO3T/REVENUE BUDGETED(CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION:(EXPLAIN) � NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.298-4225). ROUTING ORDER: Below are correct routings for the five most frequent rypes of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION (Amend Budgets/Accept. Grants) 1. Outside Agency 1. Department Director 2. Department Director 2. City Attorney 3. City Attorney 3. Budget Director 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts over$50,000) 5. City Council 6. Finance and Management Services Director 6. Chief Accountant, Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION (all others,and Ordinances) 1. Activiry Manager 1. Department Director 2. Department Accountant 2. City Attorney 3. Department Directar 3. Mayor Assistant 4. Budget Director 4. City Council 5. City Clerk 6. Chief Accountant, Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney 3. Finance and Management Services Director 4. City Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperclip or flag each of thess pages. ACTION REQUESTED Describe what the projecUrequest seeks to accomplish in either chronologi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences.Begin each item in your tist with a verb. RECOMMENDATIONS Complete if the issue in questfon has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM, ISSUE,OPPORTUNITY . Explain the situation or conditions that created a need for your project or request ADVANTAGES IF APPROVED Indicate whether this is simply an annuai budget procedure required by law/ charter or whether there are specific ways in which the City of Saint Paui and its citizens w111 benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce if it is passed (e.g.,traffic delays, noise, tax increases or assessments)7 To Whom?When?For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing, in general you must answer two questioFlS: How much is it going to cost?Who is going to pay? . - �yr�a�9� � INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �{��EIVED ST. PAUL PUBLIC SCHOOLS �o v 2 51991 �ITY CLERI� DATE: October 15. 1991 TOPIC: ��roval oi an em�ym�nt aqrPPm�r�t with United A�sociation Pi�efitters Local No 455 A. PERTINENT FACTS: 1) New AgreemeM is for the two year period May 1, 1991 through Apri130, 1993. 2) Corrtract changes are as foibws: • Article XXIII- F�,ri qe Benefits: New language describing the School District's practice of providing insurance coverages for early retirees and retirees, for those employees covered by School District Benefits. • �pendix�: Wage rates refiect total package (all costs) increases of $1.32 per hour effective May 4,1991; and $1.10 per hour for May 2,1992. The difierential for Lead Pipefitter was increased by $.20 per hour worked efiective May 4, 1991. 3) The District has five regular empbyees in this bargaining unit. 4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations Manager. B. RECOMMENDATION: That the Board of Education School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Association Pipefitters Lxai Union No. 455, is the exclusive representative; duration of said Agreement is for the period of May 1, 1991 through April 30, 1993. . - ��a�� ✓ INDEPENDENT SCHOOL DISTRICT NO. 625 RECEIVED BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS �� 2 51g91 �ITY CLERK DATE: October 15. 1991 TOPIC: Anoroval of an errwioyment aqreement with United Association Plumbers Local No.34 A. PERTINENT FACTS: 1) New Agreement is for the two-year period May 1, 1991 through April 30, 1993. 2) Contrad changes are as foliows: • Article XXIII - Frinqe Benefits: Language change provides for employees hired under Temporary status to receive Labor Day as a paid holiday. New language describing the School District's practice of providing insurance coverages for early retirees and retirees, for those employees covered by School District Benefiis. • ARR�p,�lX S-Wage rates and benefits increases refled total padcage (all costs) increases of$1.01 per hour worked effective May 4, 1991, and$1.00 effective May 2, 1992. The differential for Lead Plumber was increased by$.15 per hour worked effective May 4, 1991, and by an additional $.15 per hour worked effective May 2, 1992. 3) The District has four regular employees in this bargaining unit. 4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations Manager. B. RECOMMENDATION: That the Board of Education Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom United Association Plumbers Local No.34 is the exclusive represer�tative; duration of said Agreemerrt is for the period of May 1, 1991 through April 30, 1993. �/-� i �o � ��x � � � Preamble.......................................................................... v I. Purpose............................................................................ 1 II. Recognition....................................................................... 1 / III. Employer Rights............................................................... 1 IV. Union Rights..................................................................... 2 , V. Scope of the Agreement..................................................... 2 VI. Probationary Periods....................................................... 3 VII. Philosophy of Employment and Compensation................. 3 VIII. Hours of Work.................................................................. 4 IX. Overtime........................................................................... 5 XCall Back........................................................................... 5 XI. Work Location.................................................................. 6 XII. Wages................................................................................ 6 XIII. Fringe Benefits................................................................. 7 � XIV. Selection of Lead Pipefitter and Master Pipefitter.......... 7 XV. Holidays.............:.............................................................. 8 XVI. Disciplinary Procedures.................................................. 9 XVI I. Absences from Work........................................................ 9 XVIIISeniority.......................................................................... 1 0 XIX. Jurisdiction...................................................................... 1 1 )OC. Separation........................................................................ 1 1 XXI. Tools................................................................................. 1 1 XXII. Grievance Procedure........................................................ 1 2 XXIII. Right of Subcontract......................................................... 1 4 , XXIV. Non-discrimination ......................................................... 1 4 XXV. Severability..................................................................... 1 4 , XXVI. Waiver.............................................................................. 1 5 XXVII. Mileage - Independent School District No. 625............... 1 5 XXVIII. Duration and Pledge.......................................................... 1 7 AppendixA........................................................................ A1 APPendixB........................................................................ B 1 AppendixC........................................................................ C1 -3 AppendixD........................................................................ D1 • M � PHEA�d�LE This AGREEMENT is entered into between Independent School District No. 625, 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 objective the promotion of the responsibilities of the Independent School District No. 625 for the , benefit of the general public through effective labor-management cooperation. The EMPLOYER and the UNION both realize that this goal depends not only on the , words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the EMPLOYER, the UNION, and the individuat employees will best serve the needs of the general public. • � - v - • ARTICLE I. - PURPOSE 1 .1 The EMPLOYER and the UNION apree that the purpose for enterinp into this AGREEMENT is to: . 1.1 .1 Achieve orderly and peaceful relations, the�eby establishin� a system of uninterrupted operations and the hi�hest level of employee performance that is consistent with the safery and wetl-bein� of all ooncerned; 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; 1 .t.3 Establish procedures to orderly and peacefutly 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 seNes as a supptement to legislation that creates and directs the EMPLOYER. If any part of this AGREEMENT is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it contorms to the statute as provided by Article 26 (SEVERABILITY). ARTICLE II. - 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, and temporary employed in the classes of positions deiined in 2.2 as certified by the Bureau of Mediation Services in acoordance with Case No. 90-PCL-3066 dated November 22, 1989. 2.2 The classes of positions recognized as being exclusively represented by the UNION are as listed in Appendix A. ARTICLE III. - EMPLOYER RIGHTS 3.1 The EMPLOYER retains the right to operate and manage alt manpower, 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 pertorm any inherent managerial function not specifically limited by this AGREFINENT. 3.2 Any "term or condition of employment" not established by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify or establish following written notification to the UNION. � -1 - ARTICLE IV. - UNION RIGHTS � 4.1 The EMPLOYER shall deduct from the wages of employees who authorize such a deduction in writin� an amount necessary to cover monthly UNION dues. Such monies deducted shall be remitted as directed by the UNION. 4.t.1 The EMPLOYER shall not deduct dues from the wapes of employees covered by this AGREEMENT for any other labor orpanization. 4.1 .2 The UNION shall indemnify and save harmless the EMPLOYER from any and all claims or charpes made a�ainst the EMPLOYER as a result of the implementation of this ARTICLE. 4.2 The UNION may designate one (1) employee hom the bar�aininp unit to act as a Steward and shall inform the EMPLOYER in writing of such designation. Such employee shall have the riphts and responsibilities as desipnated in Article 22 • (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. . ARTICLE V. - SCOPE OF THE AGREEMENT � 5.1 This AGREEMENT establishes the "terms and conditions of employment" defined by M.S. 179A.02, Subdivision 19, for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � -2- ARTICLE VI. - PROBATIONARY PERIODS • 6.1 All personnel, oripinally hired or rehired followinp separation, in e reflular employment status shail serve a six (6) month probationary period during which time the empbyee's fitness and ability to pe�form the ciass of positions' duties and responsibilities shali be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.1 .2 An employee terminated durinp the probationary period shatl receive a , written notice of the reason(s) fo� such termination, a copy of which shall be sent to the UNION. , 6.2 All personnel promoted to a hipher class oi positions shall senre a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shatt be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held ctass ot positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVANCE PROCEDURE). 6.2.2 An employee demoted durinp the promotional probationary period shall be returned to the employee's previously-hetd class of positions and shall . receive a written notice of the reasons for demotion, a copy of which shall be sent to the UNION. ARTICLE Vll. - PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The EMPLOYER and the UNION are in full agreement that the philosophy of employment and compensation shall be e "cash" hourly wa�e and "industry" fringe benefit system. � 7.2 The EMPLOYER shall compensate employees for alt hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Article 12 (WAGES) , and 13 (FRINGE BENEFITS). . 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREEMENT. � -3- ARTICLE VIII. - HOURS OF WORK • 8.1 The normal work day shall be eight (8) oonsecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5�0 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday throuph Friday. 8.3 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 other than Monday through Friday, the UNION agrees to enter into negotiations immediately to establish the conditions of such shifts and/or wortc weeks. • 8.4 This section shalt not be construed as, snd is not a �uarantee 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, reedy for work, at the established starting time and shall remain at an assigned work bcation until the end of the established work day unless otherwise directed by their supervisor. 8.6 Alf employees are subject to calt-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.7 Employees reportinp for worlc at the established startin� 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 tor work prior to leaving home, or during the previous work day. 8.8 Stand-bv. Any Refrigeration, Gas and Oil Serviceworker who is required to be available for emergency service work on weekends and holidays shall be guaranteed work or wages and fringes equivalent to: 40 minutes for Friday nights ° 80 minutes for Saturday and Saturday nipht 80 minutes for Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shift. All of the above at time and one-halt rate. If the employee is called in for work, the above time shall be a part of, not in addition to, the time worked. ' • -4- ARTICLE IX. - OVERTIME � 9.1 All overtime oompensated for by the EMPLOYER must receive prior euthorization from a despnated EMPLOYER supervisor. No overtime work clsim will be honored for payment or credit unless approved in advance. An overtime claim wili not be honored, even thou�h shown on the time card, un{ess the required advance approval has been obtained. 9.2 The rate of one and one-half (1-1/2) the basic hourly rate shall be the ovenime �ate for wo�c performed under the folbwinp circumstances: 9.2.1 Time worked in excess of eipht (8) hours in any one normal wo�lc day, erd 9.2.2 Time worked in excess of 40 hou�s in a seven (� day period. � 9.3 For the purpose ot calculating overtime compensation, overtime hours worked shall not be 'pyramided', compounded or paid twice for the same hours wo�ked. 9.4 Overtime hours worked as provided by this ARTICLE shall be paid in cash or compensatory time as determined by the EMPLOYER. ARTICLE X. - CALL BACK S10.1 The EMPLOYER retains the right to 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 Emptoyees called back shatl receive a minimum ot four (4) hours oi pay at the basic hourly rate. 10.3 The hours wo�lced based on a call-back shall be compensated in accordance with Article 9 (OVERTIME}, when applicable, and subject to the minimum established by 10.2 above. - 10.4 Emptoyees called back four (4) hours or less, prior to their normat work day shatl complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). � -5- ARTICLE XI. - WORK LOCATION � 11 .1 Employees shall repon to work bcation as assi�ned by a desipnated EMPLOYER supervisor. Durinp the normal worlc day, employees may be aSSipned to other worlc bcations at the discretion oi the EMPLOYER. 11 .2 Employees assigned to work locations durinp the normal worlc day other than their oripinal assipnment, and who are required to turnish their own transportation, shali be compensated for milea9e, as provided by Anicle 27 (MILEAGE). ARTICLE XII. - 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 Regular employees shall be considered, tor the purposes of this AGREEMENT, "participating employees" and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behati as provided for by Article 13 (FRINGE BENEFITS). t 2.3 Provisional and temporary employees shall be considered, for the purposes of � this AGREEMENT, "participating employees" and shall be compensated 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). � -6- • ARTICLE XIII. - FRINGE BENEFITS 13.1 The EMPLOYER shall make contributions on behalf of and/or make deductions from the wages of participating employees ss defined in Article 12.3, 12.4, and 12.5 covered by this AGREEMENT in accordance with Appendix D for all hours worked. 13.2 The EMPLOYER will for the period of this AGREEMENT provide, for those employees who were eligible for the Employe�'s Health and Welfare premium contributions and who have retired since April 1, 1975, such health insurance premium contributions up to the same dollar amounts as are provided by the � EMPLOYER at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 13.2 and 13.3 the empbyee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 13.2.2 Have severed the employment �elationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early retiree plans. � 13.2.3 Inform the Personnel Office of Independent School District No. 625 g� Personnel Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An emptoyee who retired at age sixty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 13.2 and have reached age sixty-five (65) after retirement the Employe� will provide payment of premium for a medicare supplement health coverage policy selected by the Employer. ARTICLE XIV. - SELECTION OF LEAD PIPEFITTER AND MASTER PIPEFITTER 14.1 The selection of personnel for the class of position of Lead Pipefitter and Master Pipefitter shall remain solely with the EMPLOYER. 14.2 The class of position Lead Pipefitter and Master Pipefitter shall be filled by employees of the bargaining unit on a "temporary assignment". 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. -7- ARTICLE XV. - HOUDAYS • 15.1 The foliowin� ten (10) days shatl be desiflnated as unpaid holidays: New Years 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 Columbus Day, Second Monday in October Veterans' Day, November 11 . Thanksgiving Day, Fourth Thursday in November Christmas Day, December 25. 15.2 When New Year's Day, Independence Day or Christmas Day faiis on a Sunday, the following Monday shall be considered the designated hotiday. When any of these three (3) holidays fatls on a Saturday, the preceding Friday shall be oonsidered the designated holiday. 15.3 The ten (10) holidays shall be considered non-wor{c days. 15.4 If, in the judgment of the EMPLOYER, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in acxordance with Article X (CALL BACK). 15.5 Participating employees as defined in Articles 12.2 and 12.3 working on a • designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worlced. 15.6 In the case of Board of Education employees, if Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and his supervisor. 15.7 Participating employees who are, at the Employer's discretion, offered the opportunity to work on Martin Luther King Day, or Presidents' Day, and who agree to work, shall work that day at the straight time pay rate, and shall not be required to take another day off to replace the holiday. This provision shall be effective when Martin Luther King Day and Presidents' Day are observed as all- District holidays. If Columbus Day or Veterans' Day should be observed as all- District holidays, this same provision shall apply. � -8- ARTICLE XVI. - DISCIPUNARY PROCEDURES • 16.t The EMPLOYER shall have the ri�ht to impose disciplinary actions on empbyees for just cause. 16.2 Disciplinary actions by the EMPLOYER shatl include only the folbwinp actions: 16.2.1 Orai reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under M.S. 179A.20, Subd. 4, and thereby shall have the right to request that such - actions be considered a "grievance" for the purpose oi processing through the provisions of Article 22 (GRIEVANCE PROCEDURE). Once an employee or the UNION in the employee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE XVII. - ABSENCES FROM WORK . 17.1 Employees who a�e unabte 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. 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 EMPLOYER on the part of the employee. . -9- ARTICLE XVIII. - SENIORITY • 18.1 Seniority, for the purposes of this AGREEMENT� shali be defined as follows: 18.1 .1 "Master Seniority" - The fenqth oi oontinuous repular and probationary service with the EMPLOYER hom the last date of empbyment in any and all class titles oovered by this AGREEMENT. 18.1 .2 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER irom the date an employee was tirst appointed to a class title oovered by this AGREEMENT. 18.2 Seniority shali not accumulate during an unpaid leave of absence, except when � such a leave is pranted for a period of less than thirty (30) calendar days; is pranted because of illness or injury; is pranted to allow an employee to accept an appointment to the unclassified service oi 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 lower-paid class title, provided employee has preater "Master Seniority" than the employee being replaced. 18.5 The selection of vacation periods shall be made by class title based on lenpth of � "Class Seniority", subject to the approval ot the EMPLOYER. � -10- • ARTICLE XIX. - JURISDICTION 19.1 Disputes concernin� wo�lc jurisdiction between and amonfl unions is recopnized as an appropriate subject for determination by the various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER a�rees to be puided in the assiqnment of wortc jurisdiction by any mutuai agreements between the unions involved. 19.3 In the event of a dispute ooncerning the performance or assi�nment of work, the unions invotved 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 oripinally assipned pendin� resolution of the dispute or to restrict the EMPLOYER'S basic ripht to assign wor{c. 19.4 Any employee refusinp to perform work assiqned by the EMPLOYER and as ctarified by Sections 19.2 and t 9.3 above shall be subject to disciplinary action as provided in ArtiGe 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down or any disruption of wortc resulting from a work assignment. ARTICLE XX. - SEPARATION � 20.1 Employees having a probationary or regular employment status shall be oonsidered separated from employment based on the following actions: 20.1 .1 esj,pnation. Employees resigninp from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1 .2 �qg. As provided in Article 16. � 20.t.3 Failure to Reoort for Dutv. As provided in Article 17. - 20.2 Employees having a temporary or provisional employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. ARTICLE XXI. - TOOLS 21 .1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. • •11 - ARTICLE XXII. - GRIEVANCE PROCEDURE • 22.1 The EMPLOYER Shail reoopnize Stewards seleCted in accordance with UNION rules and repulations as the �rievance representative of the barpaininp unit. The UNION shall notify the EMPLOYER in writin� ot the names of the Stewatds and of their successo�s when so named. 22.2 It is recopnized and accepted by the EMPLOYER and the UNION that the processing of �rievances as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shali therefore be accomplished during workin� hours only when consistent with such employee duties and . responsibilities. The Steward involved and a prievinp employee shall suffer no bss in pay when a flrievance is processed durin� workinp hours, provided the Steward and the employee have notified and received the approval of their . supervisor to be absent to process a prievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 22.3 The procedure established by this ARTICLE shall, except as previousiy noted in ARTICLE 16 (DISCIPLINARY PROCEDURES), be the sole and exclusive prxedure for the processing of �rievances, which are defined as an alleped violation of the terms and conditions of this AGREEMENT. 22.4 Grievances shall be resolved in coniormance with the following procedure: Ste�. Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved shall attempt to resolve the matter on an informal � basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written �rievance shall set forth the nature of the prievance, the facts on which it is based, the atleged section(s) of the AGREEMENT violated, and the reliet requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) catendar days of the first xcurrence of the event piving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event piving rise to the grievance, shall be considered waived. Ste�. Within seven (7) calendar days after receiving the written grievance, a designated Employer SupeNisor shall meet with the Union Steward � and attempt to resolve the prievance. If, as a result of this meeting, the grievance �emains unresolved, the EMPLOYER shatl 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 writinp by the UNION within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be Considered waived. • -t2- • Arlicle XXII. - Grievance Procedure (oontinued) Ste�. Within seven (7) calendar days followinp �eceipt of a qrievance refe�red from Step 2, a desipnated EMPLOYER st�ervisor shali meet with the UNION Business Mana�er or his desipnated representative and attempt to resolve the grievance. Within seven (7) calendar days folbwing this meeting, the EMPLOYER shatl �eply in writinp to the UNION stating the EMPLOYER'S answer ooncerninp the prievance. If, as a resuit of the written response, the qrievance remains unresolved, the UNION may refer the prievance to Step 4. Any prievance not referred in writin� by the UNION to Step 4 within Seven (7) Calendar � days following receipt oi the EMPLOYER'S answer shall be considered waived. • St�. If the prievance 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 prievance. The art>itration 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 �iven. If the parties fail to mutually agree upon an arbitrator within the said seven- (7) day period, either party may request the Public Employment Rela4ions Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (1st) name; the EMPLOYER � shatl then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nutlify, ignore, 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 authoriry 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 havinp the force and effect of law. The arbitrator's decision shall be submitted in w�iting within thirty (30) days followinp close of the hearinp or the submission of briefs by the parties, whichever be later, unless � the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the � arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representative and witnesses. 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. • •13- ARTICLE XXIII. - RIGHT OF SUBCONTRACT • 23.1 The EMPLOYER may, at any time durinp the duration oi this AGREEMENT, oontract out worlc done by the employees covered by this AGREEMENT. In the event that such oont�acting would result �n a reduction of the worlc foroe oovered by this AGREEMENT, the EMPLOYER shall flive the UNION a ninety (90) calendar day nolice of the intention to subcontract. 23.2 The subcontractin� 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 XXIV. - NON-OISCRIMINATION • 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, ape or because ot membership or non-membership in the I.AVION. 24.2 Employees will perform their duties snd responsibilities in a non- discriminatory manner as such duties and responsibilities involve other employees and the peneral public. � ARTICLE XXV. - SEVERABILITY 25.t In the event that any provision(s) of this AGREEMENT is declared to be contrary to law by proper legislative, edministrative or judicial euthority 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. 25.2 The parties agree to, upon written notice, enter into nepotiations to place the voided provisions of the AGREEMENT in compliance with the legislative, � administrative or judicial determination. . -14- ��- a � 5o ARTICLE XXVI. - WAIVER • 26.1 The EMPLOYER and the UNION acknowledge that durin� the meetinfl and nepotiatinp which resulted in this AGREEMENT, each had the ripht and - opportunity to make proposals with respect to any subject oonceminp the terms and conditions of empbyment. The agreements and understandin�s reached by the parties after the exercise of this ripht are fully and oompistely set fonh in this AGREEMEM. 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 condition of employment whether specifically covered or not specificatly oovered by this AGREEMENT. The UNION and EMPLOYER may, however, mutuatly agree to modify any provision of this AGREEMENT. ' 26.3 Any and all prior ordinances, apreements, resolutions, practices, policies, and rules or repulations repardinp the terms and conditions oi employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE XXVII. - MILEAGE - INDEPENDENT SCHOOL DISTRICT NO.625 27.1 Employees of the School District under policy acbpted by the Board of Education may be reimbursed for the use ot their automobiles for school business. To be • eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizinp one ot the followinp plans: PLAN "A" is reimbursed at the rate of 23¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishinq the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip macfe. PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of three to six months. Those employees receiving an auto . ellowance under this plan must report monthly the number oi days the car was available during the month. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holiday. • -15- ARTICLE XXVIII. - DURATION AND PLEDGE • 28.1 This AGREEMENT shall beoome effective as of May 1. 1991, and shall remain in etfect throuph the 30th day of April, 1993, end continue in eHect ftom year to year thereafter unless notice to chanpe or to terminate is piven in the manner provided in 28.2. 26.2 It either peRy desires to terminate or modiiy this AGREEMENT �ffeCth�e as o� the date of expiration, the party wishinp to modity or te�minate the AGREEMENT shali �ive written notice to the otfier party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the AGREEMENT may oniy be so terminated or modified effective as ot the expiration date. 26.3 in consideration of the terms and conditions ot employment established by this AGREEMENT and the reco�nition that the GRIEVANCE PROCEDURE herein established is the means by which prievances concerninp its application or interpretation may be peacefutly resolved, the parties hereby pledpe that during the term of the AGREEMENT: 28.3.t The UNION and the employees will not enpage in, instipate or oondone any concerted action in which employees fail to �eport ior duty, willfully absent themselves trom work, stop work, slow down their work or absent themselves in whole or part from the full, faithful performance oi lheir duties of employment. • 28.3.2 The EMPLOYER will not en�ape in, instisate or condone any {ockout of empbyees. 28.3.3 This constitutes a tentative AGREEMENT between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approvat of the Board of Education and is also subject to ratification by the UNION. 'r AGREED to this ��day of�� . 1991, and attested to as the full and complete understandinp of the parties for the period of time herein specitied by the sipnature ot the followinp representatives tor the EMPLOYER and the UNION. WITNESSES: IND NDENT SCHOOL DISTRICT NO.625 UNITEO A.S.SOCIATION PIPEFtTTERS LOCAL UNION NO.455 � i� � � � , � o B 8Y• Negoti ions/Labor Relations anaper Business epresentative BY• �� — BY: _- . Chai Education -17- • APPENDIX A The classes of positions recognized by the EMPLOYER as beinp exciusively represented by the UNION are as folbws: Lead Pipefitter Master Pipefitter Pipefitter Pipefitter - Control Specialists Apprentice - Pipefitter Refrigeration, Gas and Oil Serviceworker and other classes of positions that may be established by the EMPLOYER where the duties and responsibilities assigned come within the jurisdiction of the UNION. • • - A1 - APPENDIX B • Tools of the trade 6' folding �uler i • _ B1 _ • APPENDIX C C-1 . The basic hourly wage rate including the Credit Union Fund contributions' and excluding all other benefit costs and obligations in Appendix D� for provisional, regular, and probationary employees appointed to the following class of positions and not receiving the fringe beneflts listed in Articie 12.2 shall be: Effective Effective Effective 5-04-91 6-29-91 5_02_92 Pipefitter $ 20.84• $ 20.56' ' ' Pipefitter-Controls Specialist 20.84' 20.56' ' ' Refrigeration, Gas, and Oil Serviceworker 20.84' 20.56' • ' Lead Pipefitter 22.47' 22.18' ' ' Master Pipefitter 22.47' 22.18' ' ' ' This rate includes the taxable vacation Credit Union Fund contributions Appendix D (1) and Working Fee Fund contributions Appendix D (2). ' ' The May 2, 1992 basic hourly rates shall be determined based on the allocation of the May 2, 1992 increase in Appendix D. The cost of wages plus contributions to the Employer shatl not exceed $27.67 for pipefitters • and $29.37 for Lead Pipefitter. This rate also reflects all other deductions for Union Benefits, and for legal obligations. This rate shall be the temporary rate minus 4.48% effective May 5, 1990. C-1A. Wage rates in this Appendix (C-1A) are fo� �omcensation analysis p�p�.g� o n i v• These flgures do N O T include the taxable contributions and therefore should N OT be used for payroll purposes. See C - 1 above for payroll information. Effective Effective Effective 5-04-91 6-29-91 5-02-92 Pipefitter $ 17.54 $ 17.25 ' ' Pipefitter-Controls Specialist 17.54 17.25 ' ' Refrigeration, Gas, and Oil Serviceworker 17.54 17.25 ' ' Lead Pipefitter 19.16 18.87 ' ' Master Pipefitter 19.16 18.87 • • ' ' The May 2, 1992 basic hourly rates shall be determined based on the • allocation of the May 2, 1992 increase in Appendix D. The cost of wages plus contributions to the Employer shall not exceed $27.67 for pipefitters and $29.37 for Lead Pipefitter. C1 Appendix C (continued) • C-2. The basic hourly wage rate for temporary empioyees appointed to the following classes of positions shatl be: Effective Effective Effective 5•04-91 6-29-91 5-02-92 Pipefitter $ 21 .82' $ 21 .52, • • Pipefitter-Controls Specialist 21 .82' 21 .52• • ' Refrigeration, Gas, and � Oil Serviceworker 21 .82' 21 .52' ' ' Lead Pipefitter 2 3.5 2' 2 3.2 2' ' ' Maste� Pipefitter 2 3.5 2' 2 3.2 2' ' ' ' This rate includes the taxable vacation Credit Union Fund contributions Appendix D (1) and Working Fee Fund contributions Appendix D (2). ` ' The May 2, 1992 basic hourly rates shalt be determined based on the allocation of the May 2, 1992 increase in Appendix D. The cost of wages plus contributions to the Employer shall not exceed $27.67 for pipefitters • and $29.37 for Lead Pipefitter. C-3. Apprentice wage rates. This section is held open for the addition of appropriate apprentice rates in the event the Employer initiates the employment of apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable �ates for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. • ' c2 l/-� / y� � APPENDIX D Effective May 4, 1991, the EMPLOYER shall: ( 1 ) contribute $3.45 per hour from which payroll deductions have been made for all hours worked by participating employees as defined in Articies 12.2 and 12.3 of this AGREEMENT to a vacation Union-designated Credit Union Fund. ( 2 ) contribute $ .01 per hour from which payroll deductions have . been made for all hours worked by participating employees as . defined in Articles 12.2, and 12.3 of this AGREEMENT to s Union- designated Workinq Fee Fund. ( 3 ) contribute $t.83 per hour for all hours worked by participating employees as defined in Articles 12.2 and 12.3 of this AGREEMENT, to a �iealth and Welfare Fund. Effective June 29, 1991, this contribution is increased to $2.13. ( 4 ) contribute $2.78 per hour for all hours worked by participating employees as defined in Articles 12.2 and 12.3 of this AGREEMENT to the Pension Fund. ( 5 ) contribute $ .11 per hour for all hours worked by participating • employees as defined in Articles 12.2 and 12.3 of this AGREEMENT, to the �lourneyman and A��renticeshi� Trainina FJ�nd• ( 6 ) contribute $ .03 per hour for all hours worked by participating employees as defined in Articles 12.2 and 12.3 of this AGREEMENT to the �eneral Benefit Fund. ( 7) Make legally established non-negotiated pension contributions to PERA �a 4.48% of the hourly rate noted in Appendix C-1. Effective May 2, 1992 there shall be an increase of $1.10 per hour for all hours • worked applied to wages and/or fringes. The distribution of this $1.10 per hour will be determined by the Union and Employer at a later date. (See also ". Appendix C-1 and C-2). All contributions made in accordance with this Appendix shall be forvvarded to the Twin � Pi�e Trades Service Association. The EMPLOYER shall establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. The EMPLOYER'S fringe benefit obligation to panicipating employees as defined in Articles 12.2 and 12.3 is limited to the contributions and/or deductions established by � legal obligation, and 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. D1