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268704 WHITE - CITV CLERK �[>[�I�A � CANARY -DEAARTMENT �•�/lJ �lT Z GITY OF SAINT PATTL Council BLUE - MAYOR File NO. • • " Or inccnce Ordinance N 0. r� �� Presented By Referred To Committee: Date Out of Committee By Date An administrative ordinance approving the terms and conditions of the 1976-77 Maintenance Labor Agreement between the City of Saint Paul and. Elevator Constructors Local No. 9. WHEREAS, the Council, pursuant to the provisions of Section 12. 09 of the Saint Paul City Charter and the Public Employment Labor Relations Act of 1971, as amended, recognizes that for the purpose of ineeting and negotiating the terms and conditions of employment, the following described. Local is the exclusive representative for City employees falling within the unit as certified by the Bureau of Mediation Services under the corresponding described case number: Elevator Constructors Local No. 9 - Case No. ?3-PR-475-A Apri113, 1973 and WHEREAS, the City through designated rep�esentatives and the exclusive representative have met in good faith, negotiated conditions and terms of employment for the ye�.r through April 30, 1977, for such personnel as are set forth in.the agreement between the City and the ��clusive representative, now, therefore, �� THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section 1. That the agreement created as of the effective date of this ordinance between the City of Saint Paul and. the above-d.escribed representative, on file in the office of the City Clerk, is hereby approved, and the authorized. admi.nistrative officials of the City are hereby authorized and directed to execute said agreement on behalf of the City. -1- COUIVCILMEI�1 Requested by Department of: Yeas Nays Butler Hozza In Favor Hunt Levine Against BY Roedler Sylvester Tedesco ' Form Appr ved City ttorney Adopted by Council: Date Certified Passed by Councii Secretary BY By . Approved by Mayor: Date � App d by Mayor for bmi ion to Council By BY WHITE - CITY CLERK -J�.���� PINK - FINANCE 1 � CANARY - DEPARTMENT GITY OF SAINT PAITL COUIIClI �'Y BLUE - MAVOR File . . -= Ordin�nce Ordinance N 0. ` �I Presented By Referred To Committee: Date Out of Committee By Date � Section 2. That the wage schedules indicated in the agreement with the above-described representative shall take force and effect retroactively to July 13, ].976, in accordance with the expressed intent of the agreement of this Council contained in Council File Number 266410. Section 3. That any other ordinance, rule or regulation in force when said agreement takes effect, inconsistent with any provisions of the terms or conditions of said agreement, is hereby repealed. Section 4. This ordinance shall take effect and be in force thirty (30) da�s after its passage, approval, and publication. Appr ove d: � Chairman Civil Service Comm sion _2_ COUIVCILMEN Requested by Department of: Yeas Nays Butler PERSOPdN L OFFI E , Hozza In Favor Hunt I � , � �y - Levine � Against By homas D. Gl�a.son, Director Roedler � Sylvester Tedesco Form Approved by City Attorney Adopted b ouncil: Date � Cert' ed Pa y Cou ecretary BY / . Appr ve by Mayor: D� e y ►�_ Approved by Mayor for Submission to Council BY BY PUBLISHED APR Z 1977 - . � �� �� 1 ����� 1976-77 MAINTENArTCE IABOR AGREEN�N':' - between - THE CITY OF SAINT PAUL - and - INTERNATIONAL ZJNION OF ELEVATOR CONSTRUCTORS, �� 9 �f 8`7�14 PREAMBLE This AGREEMENT is entered into on the 22nd day of February , 1977, betWeen the City of Saint paul and the Zndependent School Distric�t No. 625, hereinafter referred to as the EN�IAYER and the Internetional Union of Elevator Constructors, Local 9 hereinafter referred to as the UDTION. The ENIPIAYER and the UI�I01� concur tha�t this AG�1'�T has es its ob3ective the promotion of the responsibilities of the City oP $aint Peul for the benefit of the general public through effective labor-manage�ent cooperation. The EI�IAYER end the UNIO� both realize that this goal depends not only on the words in the AGREEMENT but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the CITY, the iJNTOAT, and the individual employees will best serve the needs of the general public. - iii - • II�� 1�L?TZG?�E T�...� FAGr^. "r'r±;umbl� iii I Fac�c�se Z xT fie�ognitior, � I�� �}cpZoyer Ri�h�s 3 IY U:z�an R.�hts �+ � � Scope af A�reeaent 5 'YI p:rvb�tior.z�ry Feriods G ��� ?'h�_2aso��?�y of 'r...�*.�-,lcy�ent er.d Compensation 7 67�22 tictzis af k4rr r 8 � (;vertitxe 9 X CaU. �ack Z�0 RI . Wor3c Location - Resider�cy � ::CZZI S�'��,es � XT�I Fringe Benefits �.�+ XIV Sele�tion of Fore�an and Generel Foreatan �.5 XV Ke4irement 16 � �o�.�r��ys a� ;�� Discipiinsry Procedures 38 �'ZTI Absences :�a� Work 19 XZX �eniority 20 XX Jurisdiction 21 7�XZ S�arutio?� � X.�II Tsal.s ' 2? �7�i r.rievance �'_-ocedur� C� A�iiV P.1��1� Of JI:GCC.^.`�,:'8C� � �t► :�`•�z-�iscrininatioa 3J z�CYI Sev�rabili�y , 31 ��Z W�itie�- ' 3? 7�ZII City �;ileage P3.�n 33 �,�'•,.I�,. 2�Sil.e��c I.D.S. 7-`,.--''��^e.�. �t� � Ihirrstiar. �sn� PledE� �� . fippendi� .� -- • ��;_,�ndi� � �,,�r�Cnti:i7 c^ � . S.i ti ARTICLE I - �'"� /�� PURF06$ 1.1 The F�LO�'R and the UAION egree thet the purpose for entering into this AGREEMENP is to; � 1.11 � Achieve orderly and peacef�.il relations, thereby esteblishing a system of uninterrupted operations and the hi�hest level of employee performance that � is consistent with the safety end Well-being of all concerned; 1.12 Set forth rates of pay, hours cf work, and other conditions of employment as have been agreed upon by the EMPIAYER and the tTNION; 1.13 Establish procedures to orderly and peacef�lly resolve disputes as to the application or interpretation oP this AGREEb�NT without loss .of manpower productivity. 1.2 The EMPLO�R and the UIVION agree that this AG�II�NT serves as a supplement to legislation that creates and directs the EI++iPLOYER, If any part of this AGREEMENT is in conflict Frith such legislation, the latter shell prevail. The parties, on written notice, agree to negotiate that part in conflict so thet it conforms to the statute as provided by Article 26 (SEVERABILITY). - 1 - � � l�'iICI�E I� - :�c�;�r�Trz��� 2.1 �i:e II�'LQyER 7•ecogr.i�es tr.e UIvTIOId as tne e�:.�'.u.ive representative for ^olle^tive bargsini��� yurp�ses fer al.? rerso.me� i�?viiig an e�ployment utatus o° re�;lar, pro�atio.�a�,,�, �.ro��ision�l, temporary, and �ergercy employed in the classes of po�i.tions defined in 2.2 a� certified by the Buresu of hiediation S�rvices �;,. accordance w�t% Case No. 73-FR-47�-k dated April 13, 1�;3• c.2 The cZasses of positions recognizec? as bei;�g exclusive?y represented by the UNION are aa listed in Ap�,endix A. ARTICLE IV - URION RIGHTS 4,1 The EN�'IAYER shall deduct from the wages of employees �rho euthorize such a deduction in writing an amount necessary to cover monthly UBION dues. Such monies deducted shall be remitted as directed by the UNION. 4.11 The EMPIAYER shall not deduct dues from the wages oP employees covered by this AGREE2�NT for any other labor orgenization. 4,12 The UIVZON shall indemnif�j and save harmless the EMPIAYER from any and all claims or charges made against the EMPLOYER ss a result of the implementation of this ARTICZ�E. 4,2 The UI?IOI�T may designate or.e (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 des{gneted in Article 23 (GRIEVAPtCE PRO(.�DURE). �.� Upon notification to a designeted EI�'LO�R supervisor, the Business Manager of the UNION, or his designated representative shall be permitted to enter the facilities of the ENIPLOYER �ahere ea�.+loyees covered by this AGREEMEIQT are working. _ 4 _ � ARTICLE Y - SCOPE OF THE AGREEMEpT �VB��,(� 5.1 This AGREE�SEI� establishes the "terms end conditions oP employment" defined by M.S. 179.63, Subd. 18 for all employees eaclusively represented by the tTNION. This AGREEMENT shall supercede such "terms and conditions of employment" established by Civil Service Rule, Council Ordi;,ance, and Council Resolution. � � i � i . I • - 5 - � � ARTICI�E VI - PROBATIOIyARY PERIODS 6,1 All personnel, originally hired or reh�red Pollowing separation, in � a regular empioyment status shall serve a six (6) month's probetionary period during which time the employee's fitness and ability to perfor.a the class of positions' duties and responsibilities shall be evaluated. 6.11 At any time during the probationary period an employee may be terminate@ et the discretion oP the Et�+iPLOYER without appeal to the provisions of Article 23 (GRIEVAT�CE PROCEDURE). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination•, a copy of �hich shall be sent to the UI�TION. . 6.2 All personnel pramoted to e higher class of positions shall serve a six (6) months' prcmotional probationary period during which time the employee's fitness end ability to perform t2:e class of positions' duties and responsibilities shall be evaluated. 6.21 At any time during the promotional probetionary period en employee may be demoted to the empioyee's � previous�y held class of positions at the discretion of the EMPLOYF�t without appeal to the provisions of Article 23 (GRIEVANCE pRp(,�DU�). 6.22 An employee demoted during the promotional . probetionary period shall be returned to the employee's previously held class of positions and shall receive a xritten notice of the reasons for demotion, a cop�• of Which shall be sent to the IINIOA. . - 6 - ARTICLE VII - PfiIIASOPHY OF II�IAYMENT AND COtdPENSATION 7.1 The EMPI,OYER and the 13NION are in flill agreement that the ' philosop'�y of employment and compensetion shall be a "cesh" hourly wage and "industry" fringe benefit system. 7.2 The F�IAYER shell compensste employees for all hours worked et the basic hourly �age rate and hourly fringe benefit rate as found in Articles 12 {WAGES) and 13 (FRINGE BE:�FITS). 7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this AGREE2��'i�'T; except those earployees who heve individual�y optione3 to be "grandfathered" as provided by 12.2. _ 7 _ � ARTICLE !'III - HOURS OF WOFiY. ��g��� 8.1 The normal work day shall be ei�;ht (8) consecutive hours per day, excludin� a th{rty (30) minutc unpaid lunch period, between 7:00 a.m. and 5:3o P.m. 8.2 The norc�al work week sha21 be five (5) consecutive ncrmal work days Monday through Frida;�. � � 8.3 If, during the term of this l�GREE;✓:ENT, it is necessary in the E1��LOYER`S judQuent to establish second ar►d third shifts or a work week of other than bionday through Friday, the UPdION agrees to enter into negotiations inunediately to establish the conditions of such sr,ifts and�or worr weeks. 8.4 . This section shall not be const��ued as, and is not a guarantee of, any hours of ;rork per normal work day or per no�al work N�eek. $•5 All employees shall be at the location designated by their supervisor, ready for work, at the establistie3 starting time ard shall remain at an assigned kork location L:ntil the end of the established work da;,� unless otherwise directed by their supervisor. 8.6 All eniployees are sub�ect to call-back by the II+�LpyER as provided �by Article 10 (CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom tto work is available shall receive pay for two (2) hours, at the basic houriy rate, unless notification has be�n given not to report for work prior to leaving home, or during the previous work day. - 8 - ARTICLE R - CALL RACK 10.1 The F'.N�LOYER retains the right to call back employees before an employee has started a no naal work day or normal work �eek and after en employee has completed e normal work day or normal work - �eek. 10.2 Eraployees called back shall receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a call-beck shall be compensated in accordance with Article 9 (OVERTIME), when applicable, and sub�ect to the minimum established by 10.2 above. 10,4 Employees called back four (4) hours or less prior to their normal work day shall contplete the normal work day and be ccmpensated only for the overtime hours worked in accordance with Article 9 (OVERTIME). ., - 10 - �68��� 1.:�'"°�f;i�. xa - rii;pe� i.���;TG:7 , �:�,s:....,:;�', Z.a.Z. 'C"_..:L��O�iL'E� Si:d?ti. TC=-:i:'4 t0 irO:Y� _!.GC���QFt 8S F25.",��'.?C: �i�j" ti G�.`:i�t1c.f.C:v :�•:Yi�.'`t:� SW�en:.�4:. i�Z'2.^.� �::E' ri0:^.'L�, wnrk dII� f:�TDZGyCt?S �&f t� �l:iEfj_�:CL� �'i.G U:,r:E` e.•�^.I'� 1•�CA�2.^.:1.^_ 8i, i'c.�:,' GTJ.SCZr`"t1G�: �::i t`.�Tf.' ."�.i^.��LN�'�'. 2I.2 r..�:�.?.o<<ee� e�s:�ed to ��rY ?o�ar,icr.s �urir.:. t�� n�rac�l xorp dey, Oi.�:CT ti.1:�: tt1Ell' OI'f.�i:IE2 C;>Si.h'::.^+E'2:�'i.t RI:�.'3i {dY:C $�e r�c:�a�e'.",'. �i.J �1Zi:i�31 �r.��r ak-n trar.sp�restiicn sneli Le c��e_�sntc.� rcr mileag�, �'_ ? r::.i eri: ;�es�s spLC�.{����: �r:e: u-nu�ry 1, ig;'6, woulu ,�-,e re�-ui:�d ta T'F'S:iGf• .'.:c Z:.^ (,'1�Y O: �tllfi2• YQLli W1tf+►I1 U:`: �e�T' t3i :�l$iT <3p:l:V2:7�L"C;"i�� aT�� �rl?:'�;:rt.2:r ii�v..�.t� :i�:• 2'�C".ii�£�'._. �o rem�i:� klt.'f:lll ��1°_ ril'G" �.li:lt'.� F).�'. J � .:.3':Q 8S �i1��1` rE'�E E°"�1CyE'� D� _.,_. '��.f:f G: :aint Pa121.. i1.'+ i':I:.:,' TE;.31•j^ _"� `�"f?C:S;_'�"c'i�n:'- ...`:8..i. 3�S)�;i tG �l.r:�"i3.c.S�:1P'.". E.'.:i^�GF e�� ?' i�E:ii 3:, :��S,^:.ii_°Q P.�'✓_�?y@CS. ii.i �yj:'.i;�?r!`., ��0:' tJ�i��,.._., 1:] Lf:._ t�l��: i=_° :i�i?it. �'ai11. {.1�...Z ^C?� De :"4.i.'.:,_:'f' �O i,Q re5r.:?h�S .._ i.I':P_ �;. . • r . T.;; :lI' ��iid:� .c�l.i., .'.._1..0 �.._�°'iL;7C�;yCf.'S �:�] Z.1P_� *,.V .^.Ee*. �ti� ':?SiCi°:1Cy ro�,::i2"C'��".G'.lt X��:. Dt.' Si:t�,`�t'Ci. `i.+:1 LL'=`L:17'.'f�:C�'•. �.^.� iS ii°^.-,1'�rt,u, r:;`.^. :r.:S 5::31� GC C'S:•i?vZ:u'_T�Q '.,J Q�`�,@T:i:�<' '•�S':f'�::AT' L�;�'. res�dpa_•;• re�u�rc::.r:r� kc'�� LC'��.. .. �1 . ARTICLE XII - WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for sll hours worked by an employee. 12.2 �aployees who ere covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the AG�AT, but shall not have hourly fringe benefit contributions end/or deductions nade on their behaZf es provided for by ArticZe 13 (FRII�(;E BEftEFITS). 12.21 Insurence benefits as established by City of Seint Paul Resolutions. 12.22 Sick Leave as established by Ordinnnce No. 3250, Section 35, Subdivision E. 12.2? Vacation es esteblished by Ordinence No. 6�+b6, Section 1, Subdivision F. 12.2�+ Nine (9) legal holideys es established by Ordinance No. 6�+46, Section 1, Subdivision G. 12.25 Severance benefits as established by Ordinance No. 11490 with a maximum payment of $4,000. 12•3 Regular employees employed prior to February 15, 1974, and covered by the fringe benefits listed in Article 12.2 shall be compensated in accordance with Paragraph A of Appendix C. - 12 - ARTICI,E XII - WAGES (continued) 12.� Temporary and emergency employees shell be coisidered, for the purposes of this AGREENI�NT, participeting employees and shall be compensated in accordance with paragraph B of Appendix C and shall not have any fringe benefit contributions and/or deductions made in their behalf. 12.5 All regular end provisional employees employed after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shsll be compenseted in accordance with peregraph C of Appendix C and shall not heve eny fringe benefit contributions end/or deductions made in their behalf. - �3 - !{RTICLE XSV - SEI,ECTION OF FO�E:t�.AI�T API�J GEI��kL FO:�ENlA:� 14.1 fine selectior. of perserx.el fc: the c'_<�ss of po�itic*: of Foreman sY�all reu,air. solely witn the II�'LpyER. 14.2 T'r.e class o�' p�sition of Foreman shall be filled by emFloyees of the barga:xir.g u.n�� on a "temporary assignmentr'. 1�+.3 p1.1 "te_mpor"r,y assignments" shull be made only at the direction of a desig►iated EMPI,pyER supervisar. 14.4 Suc� "temporary assignments" sha12 be ma3� only in cases where the class of po�itions is vacant for more than one (1) normal work day. - i` - ����i)� ARTICLE XY - RETIREMENT 15.1 All e�ployees shell retire from employment with the EMPLOYER no later than the last calendar day of the month in �hich an employee becomes sixty-five (65) years o2d. - 16 =• ARTICLE XVI - HOLIDAYS 16.1 The follo�ri.ng nine (9) days ahall be designated as holidays: Nex Year's Day, January 1 President's Day, Third Monday in February Meworial Day, last Monday in May Independence Dsy, Ju�y D � • . Lebor Day, first Monday in September Columbus Day, second Monday in October Veteran's Day, Novea�ber 11 � Thanksgiving Day, fourth Thursday in November Christmas Dey, December 25 16.2 When New Year's Day, Independence Day or Christmes Day falls on a Sunday, the folloWing Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 16.3 The nine (9) holidays shall be considered :ion-work days. 16.�+ If, in the �udgment of the EMPIAYER, personnel are necessary for operating or emergency reasons, employees mey be scheduled or "called back" in eccordance srith Article 10 (CALL BACR). 16.5 naployees �aorking on a designated holidey shall be compenseted et the rate of tWO (2) times the basic hour�y rate for all hours t�rked. - 17 - � � � r ARTICLE XVII - DISCZPLINARY PROCEDUFtES 17.I The EMPLpYER shall have the right to itrrpose disciplinary actions on employees for �ust ceuse. 17.2 Disciplinary actions by the EMPLOYER shall include only the following actions: I7.21 Oral reprimand 17.22 Written reprimand I7.23 Suspension 17.24 Demotion 17.25 Discharge 17.3 �ployees who are suspended, demoted, or discharged shall have the right to request that such actions be reviewed by the Civil Service Coammission or a designated Bosrd of Review. The Civil Service Coamnission, or a designated Board of Revie�a, shall be the sole and exclusive mear.s of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or discharge shell be considered a "grievance" for the purpose of processing throngh the provisions oP Article 23 (GRIEVAI�`CE PROCIDURE). - 18 - ARTICLE RVIII - ABSENCES FROM WORIC 18.1 Y�nployees who are unable to report for their normal frork day have the responsibility to notify their supervisor of such absence es soon as possible, but in no event later than the beginning of such irork day. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLIICARY pROC'EDURES). 18.3 Failure to report for work without notification for three (3� consecutive norm8l Work days may be considered a "quit" by the II�+iPTAYER on the pert of the employee. - 19 - � ARTICLE XIX - SEIYIORITY ��a��4 19.1 3eniority, for the purposes of this AGREII�IPT, shall be defined as follo�s: . 19.I1 "Master• Scniority" - Lhe length o_° continuous regular and probationary service With the EMPIAYER from the lest dete of employment in any and all class titles covered by thi s AGREEI��NT. 19.12 "Class Seniority" - the length of continuous regular and probationary service with the II�IAYER from the date an employee was first appointed to a class title covered by this AGREEMENT. 19.2 Seniority shall no`. accumulate during an unpaid leave of absence, except when such a leave is grented for a period of less then thirty (30) celendar days; is granted because of illness or injury; is granted to allow an ea;ployee to eccept en appointment to the unclassified service of the Et�IAYER or to an elected or appointed f1i11-tia:e position with the UNION. 19.3 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the II�LOYER t:�at it is necessary to reduce the work force employees will he laid off by class ti.le 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 hes greeter "bSaster Seniority" than the employee being replaced. 19•5 The selection of vecation periods shall be made by clnss title besed on length of "Class Seniority", sub�ect to the approvsl of the EMPIAYEA. _ 2p � � ARTICLE XX - JURISDICTION 20.1 Disputes concerning work jurisdiction between and emong unions is recognized as an appropriete sub�ect for determination by the various unions representing employees of the E2�'LOI�;R. 20.2 The EP�LOYER agrees to be guided in the assignme�.rt of worlc juris3iction by any mutuel agreements between the unions involved. 20.3 In the event of e dispute concerning the performance or essignment of �►�ork, 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 Et�IAYER to accomplish the work as originally assigned pending resolution of the dispute or to restrict the II�lPIAI�R's basic right to assign work. 20.4 Any employee ref�sing to perform work assigned by the ENIPLOYER snd as clarified by Sections 20.2 and 20.3 ebove shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES), 20.5 There shall be no work stoapage, slow drnm, or any disruption of work resulting from a Work essignment, - 21 - AF7TICLE XXI - SEPARATION 2�.1 Eynployees heving e probetionary or regu2er e�,�ployment status shall be considered separated from enployment based on the following ections: - 21.11 Resi�nation. E�ployees resigning from employment shall give written notice fourteen (14) celei�dar days prior to the effective date of the resignetion. 21.12 Retirement. As provided in Article 15. 21.13 Discharge. As provided in Article 17. 21.I�+ Pailure to Revort for Duty. Aa provided in Article 18. 21.2 Employees haviag an emergen^y, teraporary, or provisional employmeat status may be terminated at the discretion of the II�LOYER before the completion of a no�al work day. . _ � � _ ti ARTICLE XXII - TOOL4 • 22.1 All employees shall personally provide themselves �rith thc tools of the trade as listed in Appendix A. ., � . - 23 - � � ��8��� ARTICLE XXIII - G:tIEVANCE PROCEDURE 23.1 The IIKPLOYER shell recognize Stewards selected in accordance �rith tTNION rules and reguletions as the grievence representative o.° the bargeining unit, The iTIVIOPl shall notif,y the EMPIAYER in xriting of the nemes of the Stewards end of their successors when so named. 23.2 It is recognized and accepted by the EFiPIAYER and the UIVION that the - processing of grievances as hereinafter prot�ided is limited by the �ob duties nnd responsibiZities of the employees end shell therefore be accomplished during working hours only when consistent with such . employee duties end responsibilities. The Steward involved end a grievi-�g employee shall su��er no loss in pay when 8 grievance is pro- cessed during ,,rorking hours, provided, the Steward end the employee have notified and recei�red the approval of their supervisor to be absent to process a grievance end that such absence would not be detrimentsl to the work progr�ms of the EMPIAYER, 23•3 T1ze procedure established by this ARTICIE shall be the sole and exclusive procedure, except for the appeel of disciplinary action as provided by 17.3, for the processing of grievances, xhich are defined as an alleged violatioa of the terms and conditions of this AGREEMENT. 23.4 Grievances shell be resolved in conformance with the following procedure: Step 1, Upon the occurence of an aZle�;ed violation of this AGREET�NP, the employee involved shall attempt to resolve the metter on an informal besis `rith tbe � - 24 - � ARTICLE XXIII - GRIEVANCE PROCEDUR� (CONTINUE:D) employee's supervisor. If the matter is not resolved to the employee's setisfection by the informal discussion � it may be reduced to Writing end referred to Step 2 by the UNTION. The written grievance shall set forth the nature oP the grievance, the facts on Which it is based, the alleged section(s) of the AGREEMENT violated , and the relief requested. Any 811eged violation oP the AGF�EMEh'T not reduced to writing by the UPIION within seven (7) calendar days of the first occurrence oP the event giving rise to the grievence or within the use of reasonable diliger.ce should have had knowledge of the first occurrence oP the event giving :ise to the grievance, shall be considered waived. Step 2, Within seven (7) calendar days after receiving the rrritten grievance e designated EMPIAYER supervisor shall meet �rith the iJNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPIAYER shall reply in xriting to the UNION within three (3) calender days following this meeting. The URION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the II�LOYER's written answer. Any grievance not referred in xriting by the ITNION within seven (7� calendar days folloking receipt oP the EMPIAYER'S ansxer shall be considered rraived, - 25 :• . ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINUED) Step 3, Within seven (7) calendar days folloxing receipt of a � grievance referred from Step 2 a designeted ENg'LOYER supervfsor shell meet with the UMION Business Maneger or his designated representative and attempt to resolve the �rievance. Within seven (7) calender days following this meeting the EMPIAYER shall reply in writing to the UI�TION steting the �iPLOYER'S enswer concerning the grievance. If, as a result of the Written � response the grievance remains unresolved, the UNION mey refer the grievance to Step 4. Any griarance not referred to in writing by the UlYION to Step 4 within seven (7) calendar days following receipt of the Et�IAYER'S enswer shell be considered waived. Step �, If the grievance remains unresolved, the UNION may • within seven (7) calendar days after the response of the E?�LOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an erbitrator to be select�d by mutusl agreement of the EI�IAYER and the UBTION within seven (7) calendar deys efter notice hes been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either perty may request the Public E�nployment Reletion Board to submit a - 26 - ARTICLE XXIII - GRIEVANCE PROCEDURE (CONTINU�'D) panel of five (5) arbitrators. Both the EMPLOYER � and the iTNION shell have the right to strike t�ro (2� names from the panel. The UNION shell strike the first (lst) name; the F�LOYER shall then strike one (1� name. The process will be repeated� and the remaining person shall be the erbitrator. 23•5 The arbitrator shell have no right to amend, modi�r, nullify, ignore, edd to, or subtract from the provisions of this AGR�N�ENT. The erbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION end shall hsve no authority to meke a decision on any other issue not so submitted. The arbitrator shell be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the 8pplication of laws, rules, or regulations having the force end effect of law. The arbitrator's decision shall be submitted in writing within thirty (3) days following close of the hearing ar 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 epplication of the express terms of this AGREEMENT and to the fects oP the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UAION, and the employees. . � � � ARTICLE XXIII - GRIEVANCE PROCEDURE (CO21TINUED) 23.6 The fees end e�cpenses for the erbitrator's services and proceedings shall be borne equally by the EMPIAYER and the UI'iION, provided that each party shall be responsible for compensating its own representative � and trritnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made grov�ding it pays for the record. 23.7 The time limits in each step of this procedure may be extended by mutual e�reement of the EMPI,OYER and the UNtIOA. � - 28 - ARTICLE )OCN - RIGHT OF SUBCOr�TRACT 24.1 The Et�LOYER may, at eny time during the duration of this AGREEMENT, contract our �rork dor.e by the employees covered by this AGREEt+�NT. In the event that such contracting would result in a reduction of the Work force covered by this AGREE�NP, the EMPLOYER shall give the UPTION a ninety (90� calendar day notice of the intention to sub•contrect. 2b,2 The sub-contracting of wor� done by the employees covered by this AGREII��r�T shall in all ceses be mede only to employers who quslify in accordance with Ordinance No. 14013. - � - 1 ARTICLE XXVI - STVERABILITY 26.1 In the event that eny provision(s� of this AGFtE�MENT is declared to be contrary to la� by proper legislative, edministrative, or �udiciel euthority from Whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other . provisions shell continue in f1i11 force and effect, 26.2 ihe parties egree to, upon written notice, enter into negotietions to place the voided provisions of the AGR��NT in complinance xith the legislative, administrative, or judici8l determination. - 31 - ARTIC7�E XXYII - WAIYER ��R►"�n� v ��1 27.1 The F�'IAyER and the UPTION acknowledge that during the meeting anc2 negotiating which resulted in this AGRF.II�fiT, each �ad the right end opportunity to make proposals rrith respect to any sub�ect concerning the terms and conditions oP employment. The agreements end understandings reached by the perties after the exercise of this right are flzlly and completel;• set forth in thi s AGREF.MENP. 27.2 Therefore, the ENSPLpyER and the tTNION for the duration of this AGR'EEt•�NT egree that the other pary shall not be obligated to meet end negotiate over any term or conditions of employment Whether specificelly covered or not specifically covered by this AGREEI.�"r.NT, The UP7ION and Eh�:AYER mey, however, mutually agree to modif�r eny provision of this AG1�.�NT. 27.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regerding the terms and conditions of employment, to the extent they are incon�istent t,rith this AGRE"N�NT, are hereby superseded. - � - � ARTICLE XXVIIZ - CITY MILF.AGE PIAN 28.1 A�itomobile Reimbursement Authorized; pur�uant to Chapter 92A of the St. Paul Legislative Code, as amended, pertaining to reimbursement of City officers and cmployees for the use of their own automobiles in the performance of their duties, the fol2owing provisions ere edopted. 28.2 Method of Comvutation: To be eligible for such reimbursement all officers and employees mus� receive Written authorization from the Mayor. Reimbursement shall be made in accordance With one of the following ptans: T�e 1. For those officers end employees who are required to use their oWn auto:r.obiles occasionetly for officiol City business, reimbur�ement et the rate of 13 cents for eech mile driven. ' Type 2• Fbr those officers and emnloyees who are required to use their own auto^�biles on e regular basis cn City busine�s, rei:cbursement at the rate of �2.50 for each day of worr, end in addition thereto at the rate of 6.5 cents for each sile driven, 28.3 Rules and Re�ulations: The N�yor shell adopt rules end regulations governing the procedures for aut�mobile reinbursemer.t, which regulations and rules shall contain the requirement that recipients shall file daily reports indicating place of origin and destinstion and applicable mileege ratings thereat and indicating total miles driven, snd shall file monthly affidevits statin� the number of days worked and the number of miles driven, and flirther required that they maintein automobile lia�ility insurance in amounts not less then �1Q0,000/300,000 for personal injury, and ��5,000 for property damage. These rules and regulations, together With any amendments therEto, shall be meintained on file �rith the City Clerk. 28.4 The provisions of this Article shall not epply to employees of Independent School M strict No. 625. - 33 - ARTICIE XXIX - MILEAGE - INDEPENDE?rT SCHOOZ, DISTRIGT �625 29.1 Daployees of the School District under policy adopted by the Board of Education mey be reimbursed for the use of their auto- mobiles for school business, To be eligible for such reimbursement, employees must receive authorization from the District Mileage Coanaittee utilizing or.e of the following plans: PLAN "A" is reimbursed st the rete of 15¢ per mile. Ir. addition, e maximum sir,ount Which can be paid per month is establis�ed by an estimate flirnished by the employee and the employee's supervisor, Another consideretion for establishing the maximum amount can be the experience oi another working in the same or similar position. Under this plan, it is necessary for the employee �to keep a record of each trip made, PLA?1 "C" provides for reiaburselaent based on a per mon— th�lu� sumt' amount. This amount is determined by the e�loyee's driving experience under Plan "A" for e period of 3 to 6 months, Those employees receivir.g an anto allowance l:nder this plan must report mor.thly the number of days the car was avail- able 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 msde for an occasional day of illness or for holiday. _ 34 _ ARTICLE 7IXX - DURATION AND PLEDGE (COIi1TINUED) whole or part from the f�a�ll, faithful performance of their duties of employment. 30•32 The Er+SPLpYER will not engage in, instigate, or condone eny lock-out of employees. 3�•33 This constitutes e tentative agreement between the parties Which will be recoammended by the City Negotietor, but is subject to the approval of the Administration of the City, the City Council and is also subject to ratification by the UNION. AG�ED to this 22nd day of February� 1g77, 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 representstive for the ENIl'LOYER and the UNION. WITNESSES: INTERNATIOAAL UNION OF ELEVATOR CITY OF SAINT PAUy COIISSTRUCTORS, LOCAI, 9 -, ' • y` f � .. B1: �l-"` /� ( �:� /.� f7 �.. 'ty Negotiato Busi ess Manager ;�, ; BY: BY: Mayor BY: BY: Civil Service Commission BY: - 36 - APPEh'DIX � Tl�ie �lasses of positions reco�r,ized b�� tl�� EN.FI,py",;;i; a� bein� er.clu�ively re�resented t•y the UPJIQP3 are as follows: EZevator Inspectar and other classe� of positions that nay be es±ablished by the EMpLpyEF, where the duties and responsibilities assigned comes withir. the jurisdictio:� of the UATIOT�. - /� - ��� � �s���.� A. The basic hourly wage rate for regular employees appointe@ to the folloWing class of positions who are receiving the Fringe Benefits listed in Article 12.2 shall be: Effective ,July 13, 1976 Elevator Inspector . . . . . . . . . $11.58 B. The besic hourly wage for temporary and emergency employees eppointed to the following class of positions shall be: Effective July 13, 1q76 Elevator Inspector . . . . . . . . . �13.485 C. The basic hourly �rege rate for provisional, regular and prnbationary employees appointed to the follo�ing classes of positions and not receiving the Fringe Benefits listed in Article 12.2 shall be: I�;ffective July 13, 1976 Elevator Inspector . . . . . . . . . $12.96 The F�LOYER shall establish Worl�an's Compensation and Unemployment Compensation programs as required by Minnesote Statutes. - Cl - : i�� � Do not detach this memorandum from the ordinance so that this information will be OM oi: 12/1975 avaiiable to the City Council. Rev. : 9/8/76 EXPLANAT�4N OF ADMINISTRAT�VE ORDERS, RESOLUTTONSi AND ORDINANCES ��'���� Date: February 24, 1977 TO: MAYOR GEORGE LATZMER FR; PersonnelOffice RE: Ordinance for submission to City Council ACTION REQUESTET�; I recommend your approval and submission of this Ordinance to.the City Council. PURPOSE AND R.ATZONALE FOR THIS.ACTION: This ordinance approves a 1976-7? contract between the City of 5t. Paul and the � Elevator �Constructors, Local #9, re: the Elevator Inspectors. This agreement increases the maximum possible severance pay from $3, 000 to $4,000 a.ad provides health insura.nce to early retirees i.n the future. It also adjusts the wage rates ia accorda.nce with the outside union rate. ATTAGHMENTSz Ordinance and copy for City Clerk. �Q� ���� , J.�� . � . � , � `� lst 2nd �� � � 3rd �'�j j�� Adop ted ���� Yeas Nays BUTLER HOZZA ������ HUNT ` _� LEVINE ' � ROEDLER (� TEDESCO . PRESIDENT (SYLVESTER) I /