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05-77Council File # (� S' 7 / Green Sheet # 3024947 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2005 - 2007 Collective Bazgaining Agreement between the City of Saint Paul and the International Union ofElevator Constnxctors, Local 9. Adopted by Council: Dare �I�YKGt.'� %, aO -� Adoption Certified by Council Secretary Requested by Department of: Office of Human Resources � Green $heet Green Sheet os- �� � Green Sheet GFeen Sheet Green Sheet Green Sheet Deparhne�M/oifiee%ouncii: � Date Initiated: " � � H � �� �..,AN.� Green Sheet NO: 3024947 Co�ct Person 8 Phone: Deoartrnent SeM To Person - InitiaVDate JasonSchmidt � � � 0 �mmResomxes � Assign 1 Reao De entDiredor � Must Be on Counul Agenda by (Date): Number y A �� - For Routing 3 or's re Ma or/ E Ortler 4 � - 5 C1erk Cti Qerk Total # of Signature Pages _(Ciip NI Locations for Signature) Action Requested: � Approve and ratify the attached Janaury 1, 2005 -December 31, 2007 Collecrive Bazgaining Agreement between the City of Saint Paul and the Intemational Union of Elevator Constructors, Loca19. Recommendations: Approve (A) or Reject (R): Personal Service Contracts Must Answer the Foilowing Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this department? CI8 Committee Yes No Civil Secvice Commission 2. Has this personlfirm ever been a city employee? Yes No 3. Does fhis persoNfirm possess a skilf not normally possessed by any curreM city employee7 Yes No Explain all yes answers on separete sheet and altach to green sheet initiating Problem, lssues, Opportunity (Who, What, When, Where, Why): TheCollectiveBaz,�ngAgreementwiththeInternationalUnionofElevatorConstructors,Local9hasexpired. TheCityofSaintPaul is required to negotiate with the bazgaining unit. AdvantageslfApproved: An agreement reached ihrough good faith bargaining will be in place through December 31, 2007. DisadvaMages If Approved: None. DisadvanWges If NotApproved: The City would be required to re-open negotiations with the bazgaining unit. This would strain relations with the bazgaining unit and possibly lead to strike. Total Amount of CostlRevenue Budgeted: gp Transaction: � �pgeaa��(`h �Pn. :.� Punding Source: Acfivity Number: Financiai Information: IAN 2� 2oU+� (Explain) `� 05- �� ATTACHNIENT TQ THE GREEN SHEET ELEVATOR CONSTRUCTORS, LOCAL 9 Below is a summary of the changes in the labor agreement between the City of Saint Paul and the Intemational Union of Elevator Constructors, Loca19. Duration: January l, 2005 - December 31, 2007 Wases and Benefits: January 1, 2005 (closest pay period) $3.00/hr added to step i January 1, 2006 (closest pay period) $3.00/hr added to step 1 January 1, 2007 (closest pay period) $3.00/hr added to step 1 MileaEe• Language change to automobile insurance levels as required by the State. Other Languase ChanQes: Other language changes were made for clarification and administrarive ease. Cost: 2005 2006 2007 $16,650 $16,650 $16,650 o.S� � 7 JANITARY 1, 2005 THROUGH DECEMBER 31, -2007 � � COLLECTIV� _BARGA.INIIVG AGREEl�NT � � , . . � � ' - between - - _, . _ � -. �. ,.._. ., _ � ` � �_ �TF�E;CITY OE_SAIN'� PAITI. �_ � � � � �. � � �_ and�- � � �, ' . � � ,_ , . _..; ,.--. -,. _ �T�x�vaTTO�va�. ��oN oF _; , - " _ ELE�ATOR �a�S'i`�'UGTQIZS, _� _ - �� L��A� 9 ���. � � C�5-77 ���� ARTICLE TTTLE Preamble ...... PAGE ......................"""...... ll 1 PurQose ................................. 2 Recognition .......................... 3 Employer Rights .................. 4 Union Rights ........................ 5 Scope of Agreement ............. 6 Probationary Periods ............ 7 Hours of Work ..................... 8 Overtime .............................. 9 Call In/Call Back .................. 10 Work Location ..................... 11 12 13 14 15 16 17 18 19 20 ..................................................................1 ..................................................................1 ..................................................................1 ..................................................................2 ..................................................................2 ...........................................................2 ..........................................................3 ...........................................................4 ...........................................................4 ...........................................................5 Wages and Fringe Benefits ..........................................................................5 Holidays .......................................................................................................5 Disciplinary Procedures ...............................................................................6 Absences Work ..................................................................................7 S eniority .......................................................................................................7 Juri sdiction .......................... Separation ........................... Tools ................................... Grievance Procedure........... Right of Subcontract ........... ..........................................................8 ..........................................................9 ..........................................................9 9 ........................................................... .........................................................12 21 Nondiscrimination ......................................................................................i2 22 Severability ................................................................................................12 23 Waiver ........................................................................................................12 24 City Mileage ...............................................................................................13 25 Duration and Pledge ...................................................................................13 Appendix A .......................................A1 Appendix .......................................B1 Appendix C .......................................C1 Appendis D .......................................D1 ���� PREAMBLE This Agreement is entered into between the City of Saint Paul, hereinafter referred to as the Employer and the International Union of Elevator Constructors, Loca19, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul £or 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 ffie Agreeinent but rather prunarily on attitudes between people at all levels of responsibilily. Constructive attitudes of the City, the Union, and the individual employees will best serve tke needs of the general public. ii 05 7 7 ART`ICLE 1- PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest levei of employee performance that is consistent with the safety and weli-being of all concemed; 1.I(2) Set forth rates of pay, hours ofwork, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1(3) Bstablish procedures to orderly and peacefully resolve disputes as to the application or interpretation of ttris Agreement without loss of productiviry. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of tkris Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 22 (SEVERABILITI�. I:�'.7L�C�1 ��!���Zt'1�1 �1 �[17�1 21 The Employer recognizes the Union as the exclusive representarive for collective bargaining purposes for all personnel hauing an employment status of regulaz, probationary, provisional, and temporary employed in the classes defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-475-A dated April 13, 1973. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnei, facilities, and equipment; to establish functions and programs; to set and amend budgets; to deternune the urilization of technology; to establish and modify the organizational shucture; to select, direct, and deternvne the number of personnel; and to perform any inherent managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify, or establish following written notification to the Union. � ARTICLE 4 - ITNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover montl�ly Union dues. Such moaies deducted shall be remitted as directed by the Union. 4.1(1) The Employer shall not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1(2) The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the unplementation of this Article. 4.2 The Union may designate one (1) employee from the bargaiuing unit to act as a Stewazd and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 19 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated Emptoyer supervisor, the Business Mattager of the Union, or hislher designated representative, shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTICLE 5- SCOPE OF THE AGREEMENT 5,1 This Agreement establishes the "terms and conditions of employmenY' defined by M.S. 179 for all empioyees 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. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following sepazation, in a regular employruent status sha11 serve a six (6} month probationary period during which time the employee's fihiess and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time duriug the probationary period an employee may be tertninated at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.1(2) An employee terminated dtuing tfie probationary period shall receive a written notice of the reasou(s) for such ternrination, a copy of which shall be sent to the Union. 05-�7 ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 All personnel promoted to a higher class shall serve a siz (6) month promotional probafionary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previously heid class at the discretion of the Employer without appeal to the provisions of Article 19 (GRIEVANCE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be rehuned to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which sha11 be sent to the Union. ARTICLE 7- HOURS OF WORK 7.1 The normal work day shall be eight (8) consecutive hours per day, excluding a thirty (30) minute lunch period, between 7:00 a.m. and 7:00 p.m. 7.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 7.3 If, during the tertn of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations ixnmediately to establish the condifions of such shi8s and/or work weeks. 7.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 7.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established wark day unless otherwise directed by theu supervisor. 7.6 All employees are subject to call in or call back by the Employer as provided by Article 9 (CALL IN/CALL BACK). 7.7 Employees reporting for work at the established starting tune 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. b ARTICLE 8 - OVERTIME 8.1 All overtime compensated for by the Employez must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be houored, even though shown on the time card, unless the required advance approval has been obtained. 8.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 8.2(1) Time worked in excess of eight (8) hours in any one normal work day and 8.2(2) Time worked on a sixth (6th) day following a normal work week. 83 The overtime rate of two (2) timas the basic hourly rate sha11 be paid for work performad under the following circumstances: 83(1) Time worked on a holiday as defined in Article 12 (HOLIDAYS); 8.3(2) Time worked on a seventh (7th) day following a normal work week; and 8.3(3) Time worked in excess oftwelve (12) consecutive hours in a twenty-four (24) hour period, provided, that ali "emergency" work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5). 8.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," or compounded. Employees shall not be paid twice for the same hours worked. 8.5 Overtime hours worked as provided by this Article shall be paid in cash or compensatory time at the option of the Employer. ARTICLE 9- CALL IN/CALL BACK 9.1 The Employer retains the right to call in or call back employees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 9.2 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 8 (OVERTIME), when applicable, whichever is greater. 9.2(1) Notwithstanding Article 9.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for overiime hours worked in accordance with Article 8(OVERTIlVIE}. C� � �� A.RTICLE 10 - WORK LOCATION 10.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. ARTICLE 11- WAGES AND FRINGE BENEFITS 11.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an empioyee. 11.1(1)The employer will assign one employee of its choosing as the Senior Inspector. This empioyee will receive a premium equal to 12.5 % of the wage in Appendix C. 11.2 Tempozary employees shall be compensated in accordance with Pazagraph A and B of Appendix C. 113 All regulaz and provisional employees shail be compensated in accordance with Paragraph B of Appendix C. 11.4 The Empioyer shall make contributions on behalf of andlor make deductions from the wages of employees covered by this Agreement in accardance with Appendix D. ARTICLE 12 - HOLIDAYS 12.1 The following ten (10) days shall be designated as holidays: New Year's Day, January 1 Martin Luther King Day, third Monday in 7anuary 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 5 b5 �7`7 ARTICLE 12 - HOLIDAYS (Continued} 12.2 Of the ten (10) designated holidays in 12.1 above, the following holidays are designated as paid holidays: New Year's Day, Jauuary 1 Memorial Day, last Monday in May . Independence Day, July 4 Labor Day, first Monday in September Thanksgiving Day, fourth Thursday in November Day after Thanksgiving, fourth Friday in Noveznber Chrishnas Day, December 25 12.3 When New Yeaz's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. I2.4 The ten (10) holidays lisfed in 12.1 above shall be considered non-work days. 12.5 If, in the judgnent of the Employer, personnel aze necessary, employees may be scheduled, "called in" or "called back" in accordance with Article 9(CALL IN/CALL BACK). 12.6 Employees assigned to work on Martin Luther King Day, Presidents' Day, or Veterans' Day shall be compensated on a straight time basis for such hours worked. 12.7 Employees assigned to work on New Year`s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving or Chrishnas Day shall be compensated at the rate of iwo (2) times the basic hourly rate for such flours worked. 12.8 Temporary employees aze not eligible for paid holidays. ARTICLE 13 - DISCIPLINARY PROCEDURES 13.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 65 -�7 ARTICLE 19 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, within seven (7) calendar days after the response of the Employer in Step 3, the Union may, by written notice to the Employer, request azbitration of the grievance. The azbitration proceedings shall be conducted by an azbitrator to be selected by mutual agreement of the Employer and the Union witUiu seven (7) calendar days after norice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either pariy may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union shall haue the right to strike hvo (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then shike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 19.5 The azbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the 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 decision shall be submitted in writing within tlurty (30) days following close of the hearing or the subxnission of briefs by the parties, whichever be later, unless the parties ag�ee to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to facts of the grievance presented. The decision of the azbitrator shall be final and binding on the Employer, the Union and the empioyees. 19.6 The fees and expenses for the azbitrator's services and proceedings shall be bome equally by the Employer and the Union, provided that each pariy shall be responsible for compensating its own representafive and witnesses. If either parry desires a verbatnn record of the proceedings, it may cause such a record to be made providing it pays for the record. 19.7 The tixne limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 11 d5-�� ART`ICLE 20 - RIGHT OF SUBCONTRACT 20.1 The Employer may, at any time during the duration of this Agreement, contr�act out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of tha work force covered by this Agreement, the Employer shall ave the Union a ninety (90) calendat day norice of the intention to subcontract. 20.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 21- NONDISCRIlVIINAITON 21.1 The terms and conditions of this Agreement will be applied to employees equally without regazd to, or discrimination for or against, any individual because of race, color, creed, sex, age, disability, or because of inemberslup or non membership in the Union. 21.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilifies involve other employees and the general publie. I�'T1 Y C���.��1+/ �1�7 ; 1! 22.1 In the event that any provision of this Agreement is declared to be contrary to law by proper legislative, aduunistrative, or judicial authority from whose finding, detennuiation, or decree no appeai is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 22.2 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, adnuxustrative, or judicial detezcuinaiion. ARTICLE 23 - WAIVER 23.1 The Employer and the Union aclmowledge that during the meeting and negotiating wluch resulted in this Agreement, each had the right and opportunity to make proposals with respect fo any subject conceming 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 filus Agreement. 23.2 Thetefore, tha 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 wkether speci&cally covered or not specificaily covered by this Agreemettt. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 23.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regazding the tenns and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. 12 d5-�� ARTICLE 24 - CITY NIILEAGE 24.1 Automobile Reunbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaiuiu� to reimbursement of City officers and employees for the use of their own automobiles in the performance of their duties, the following provisions are adopted. 24.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Department Head. If an employee is required to use his/her own automobile during employment, the employee shall be reimbursed at the IRS mileage rate in effect as of that date. 243 The City will provide parking at a location and manner of the employer's choice, for City employees who aze required to have their personal caz available for City business. 5uch parking will be provided only for the days the employee is required to haue his or her own personal caz available. 24.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the procedures far automobile 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 number of days worked and the number of miles driven, and fin�ther require that they maintain automobile liability insurance in amounts of not less than those required by State of Minnesota regulation. These rules and regulations, together with the amendtnent thereto, shall be maintained on file with the City Clerk. ARTICLE 25 - DURATION AND PLEDGE 25.1 This Agreement shall become effective as of the date of sigung, except as specifically provided otherwise and shall remain in effect through December of 2004, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 25.2. 25.2 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. 25.3 In consideration of the terms and condifions of employment established by this A�eement 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: 253(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 theu duties of employment. 13 65��� ARTICLE 25 - DURATION AND PLEDGE ( Continued) 253(2)The Employer will not engage in, instigate, or condone any lock-out of employees. 253(3)This constitutes a tentarive agreement between the parties which will be recommended by the Director of Labor Relations, but is subj ect to the approval of the Administration of the City, the City Council and is also subject to ratification by the Union. Agreed to this �� day of January, 2005 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. WTTNESSES: CITY OF SA1NT PAUL INTERNATIONAL iJNION OF ELEVATOR CONSTRUCTORS LOCAL NO. 9 J es Vollmer 4 � - HR Specialist /-/a o s' Date son Schm Labor Relations Manager / ly OS Date es Biaguu ^ Business Manager /-� z -as' Date 14 D�-7� APPENDIX A The ciasses recognized by the Employer as being exclusively represented by the L3nion are as follows: ElevatorInspector and other classes that may be established by the Employer where the duties and responsibilities assi�ed aze determined by the $ureau of Mediation Services to be appropriately represented by this bargaining unit. 15 v5--� � APPENDIX C A. The basic hourly wage for temporary employees (not subject to PERA) appointed to the following class shall be: ElecatorInspector lst Step Sr. Premium Effective 1/1/2005 (or closest pay perio� $36.55* �41.12M Effective 1/1/2006 (or closest pay period) $38.71* �43.55�` Effective 1/1/2007 (or closest pay period) $40.87* $45.98* * This rate includes an 8% taa�able outside Vacarion Coniribufion: B. The basic hourly wage for temporary employees working in the following class whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) contributions and the basic hourly rate for provisional, regular and probationary employees appointed to the following class shall be: ElevatorInspector lst Step Sr. Premium Effective 1/1/2005 (or closest pay period) $34.63* $38.96* Effective 1/1/2006 (or closest pay period) $36.68�` $41.26* Effective 1/1/2007 (or closest pay period) $38.73* $43.57* * This rate includes an 8% taacable outside Vacation Contribution. The Employer shall establish Warkers' Compensation and Unemployment CompensaUon programs as required by Minnesota Statutes. The wage rate for the title of Elevator Inspector shall consist of one step. ff the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the above applicable rates for participating employees in such a way that the total cost of the package (wage rate pius contributions) remains constant. Effective January 1, 2005, 2006, 2007 (or closest pay period), there will be an additional $3.00 per hour increase added to the Mechanic total package. The parties will agree prior to that date regarding the distribution of the $3.00 between wages and fringes. This amount will be decreased by any increase to the Industry Fund. The current Puhlic Employees Retirement Association (PERA) contribution rate is 5.53°l0. This rate is subject to change by the State of Minnesota. C O�S �'1 arrENV� n Effective 7anuary 1, 2005 (or closest payroll period), the Employer shall: (1) contribute to a Welfare Fund $7.275 per hour for all hours worked by participating employees as defined in this Agreement. This contribution shall increase to $7.775 per hour effective 1/1/2006 (or closest pay period). This conhibution shall increase to $8.275 per hour effective 1/1/2007 (or ciosest pay period). (2) conhibute to a Pension Fund $3.42 per hour for all hours warked by participating employees, as defined above. This contribution shall increase to $3.69 per hour effective 1/1/2006 (or closest pay period). This conhibution shall increase to $3.96 per hour effective 1/1/2007 {or'closestpayperiod). (3) contribute to the Educational FY�nd $37 per hour for all hours worked by participating employees, as defined above. T`his contribution shall increase to $.40 per hour effecrive 1/1/2006 (or closest pay period). This contributiott shall increase to $.43 per hour effective 1/1/2007 (or closest payperiod). (4) deduct $.10 per howr for all hours paid to a Union designated Industry Benefit Plan for all yeazs of the a�reement. (5) contribute to a 401(K) annuity fixnd $95 per hour for all hours worked by participating employees as defined above. This conhibution shall increase to $1.15 per hour 1/1/2006 (or closest pay period). This contribution shall increase to $135 per hour effective 1/1/2007 (or closest pay period). The Employer will not make these contributions in i-3 above for Holidays. The above contributions may be increased or decreased as long as the applicable hourly rates in Appendix C for participating employees aze decreased or increased by the same total amount. All contributions and deductions made in accordance with this Appendix shall be forwarded to depositories as directed by the Union. The Employer shall establish Workers' Compensation and Unemployment Compensafion pro�rams as required by Minnesota Statutes. The Employer's fi 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 forwazded contributions and/or deductions. G �5 ��`7 ARTICLE 15 - SEIVIORITY (Continued) 15.4 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 tifle within each deparhnent based on inverse length of "Class Seniority." Employees iaid off shall have the right to reinstatement in their Department to any previously held lower-paid class title in this bazgaining unit, provided the employee has greater "Class Seniority" than the employee being dispiaced. 15.5 The selection of vacarion periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. 15.6 This Article 15 shall only apply to individuals employed by the City as of July 1, 2003 in a job classification covered by this Agreement. There is no Seniority for other employees. ARTICLE 16 - JURISDICTION 16.1 Disputes concemixig work jurisdiction between and among unions are recognized as appropriate subjects for deteiniinarion by the various unions representing employees of the Employer. 16.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements behveen the unions involved. 163 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Bmployer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 16.4 Any employee refusing to perform work assigned by the Employer and as clazified by Sections 16.2 and 163 above shall be subject to disciplinary action as provided in Articie 13 (DISCIPLINARY PROCEDURES). 16.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. �S-�� ARTICLE 13 - DISCIPLINARY PROCEDURES (Continued) 13.2 Disciplinary actions by the Employer shall include only the following actions: 13.2(1) Oral reprimand 23.2(2) Written reprimand 13.2(3) Suspension 13.2(4) Demotion 13.2(5) Dischazge ARTICLE 14 - ABSENCES FROM WORK 14.1 Employees who are unable fo 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 be�uuing of snch work day. . 14.2 Failure to make such notification may be grounds for discipline as provided in Article 13 (DISCIPLINARY PROCEDURES). 143 Failure to report for work without notification for three (3) consecutive normal work days may be considered by the Employer to be a"quiY' on the part of the employee. ARTICLE 15 - SEIVIORITY 15.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 15.1(1) "Master Seniority" - the length of continuous regular and probationary service with the Employer from the last date of employment in any and a21 class titles covered by this Agreement. 15.1(2) "Class Seniority" - the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 15.2 Seniority shall not accumulate during an unpaid leave of abseuce, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointrnent to the unclassified service of the Employer or to an elected or appointed full-tune position with the Union. 153 Seniority shall ternunate when an employee retires, resigns, or is discharged.