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05-792Council File # � �� Green Sheet # �Da� �� RESOLUTION CITY OF SAINT PAUL, MINNESO7A ( rr�ncea 1 RESOLVED, that the City Council of the City of Saint Paul hereby approves and ratifies the 2 attached May 1, 2005 through Apri130, 2008 Maintenance Labor Agreement between the City of Saint 3 Paul and the United Association of Plumbers, L,ocal #34 and Sprinkler Fitters, Local #417. Requested by Departuient of. Human Resources Adopted by Council: Date �/rt�' �� h'� �� aDOs By. � — Form Anoroved bv�itv�ftomev . /l � c Adoption Cer�i'¢ed by Coun�i Secretary Approved�byf �vfayor for �J � �� Date `'7 ° � Green Sheet Green Sheet os- ?9a� Green Sheet Green Sheet Green Sheet Green Sheet Dapartmentlotficalcouneil: �te Infiated: . Hu �� Green Sheet NO: 3027848 Contact Person & Phone: ��e^� Sent To Person In'rtiaVDate ��, s�x,r�a� � u � «�� Assign 1 rees D arlment irec[or Must Be on Coundl Agenda by (Date): Number 2 p�� For Ro �� 3 or•sOtSce or/ ' ot pro� 4 0 5 er C' e TMaI # M Signature Pages _(Clip NI Loeations for Signature) R�ction Requested: Approve and ratify the attached Maintenance Iabor Agreement (May 1, 2005 - Apri130, 2008) between the City of Saint Paul and the United Association of Plumbers, Local #34 and Sprinkler-Fitters, Local #417. Recommendations: Apprwe (A) or Rqect (R): Personal Service Contracts Must Mswer the Following Questions: Planning Commission 1. Has this pessaHfirtn ever worked under a contract for this departmeM? CIB Committee Yes No Civil Service Commission 2. Has this personffirtn erer been a city emplqree? Yes No 3. Dces this,person�rtn p�sess a skill �ot nortnaity possessed by arty curteM city empiqce? Yes No Explain all yes a�swers on separate sheet and attaeh to green sheet InRiating Problem, Issues, Opportunity (Who, What, When, Where, Why): The previous Maintenance Labor Agreement expired on Apri130, 2005. The City is required to negotiate with the bargaiving unit. Advantages lf Approved: ' ' An agreement would be in place through Apri13�, 2008. DisadvantageslfApproved: None. Disadvantas�es If Not Approved: The relationship between the City and this bargaining unit would be strained. ToWI Amourrt of CosURevenue Budgeted: Transaction: �� (�,AT1#P,Y � Fu�ding Source: Aetivity Number: Financial Infortnation: ��'- � 1 � (F�cplain) 05- 79a ATTACHMENT TO THE GREEN SHEET COLLECTIVE BARGAINING AGREEMENT WITH UNTPED ASSOCIATION PLUNIBERS LOCAL NO. 34 AND SPRINKLER FITTERS LOCAL NO. 417 Below is a suwmary ofthe changes in the Collective Bazgaining Agreement between the City of Saint Paul and United Association Plumbers Locai No. 34 and Sprinkler Fitters L,ocal No. 417. Duration• May 1, 2005 through Apri130, 2008. Wages: The City agreed to the outside prevailing wage rate for each ofthe next three years. MileaEe• Agreed to move to the Federal IRS rate for mileage reimbursement. Agreed to a change in language providing for greater fle�bility in det�in;r parking locations for ernployees. Pro-ration of wases: Agreed to no longer pro-rate wages to cover for vacation days off. This will provide adnvnistrative ease and consistency with other trade groups. Promotion Rule• Agreed to waive promotion rights for employees and job classifications in this bazgaining group. This has minnnal impact. Hiring for trade positions is done primarily through the Union hall. Other Lan¢ua¢e Chan�es: Other language changes are of a housekeeping nature for clarification and clean up. � os- ? 9 a � � _ � �� . . _ : - 1VIay 1, 2f105- Aprii 30,.20(k8 � � � _MA:INTE�TANCE LABOR AGREEMENT _ _.___ � � between ` - . ' THE.CITY OF SAINT PAYT�, , . : - � . and t � _ _ � , UNITED AS�OCIATIDN, :, , , , t ; ; _ , PLUMBERS L4GAL 34 � � � � - sad;`,_� � �- : � ._ - �. - SPRINKLER FTFT�RS _ � � - � � � � ,. =. � . LO�AI, IJIVION NQ �4�7 ; _, � ' � -� . � � ' � � _ -. 05-�R2 INDEX n U • ARTICLE i 2 3 4 5 6 7 8 9 10 il 12 13 14 TTTLE PAGE • Employer Rights Union Rights ...... Scope of the Agn Probarionary Periods .......................................... Philosophy of Employment and Compensation Hours of Work ................................................... iii .i ............2 ............3 ...........3 ............4 Call In/Call Work Location, Residency ..................5 Fringe Benefits .............................................................................................................5 Seledion of Senior Plumbing Inspector, Lead Plumber and General Foreman . ...............--.......-----°-°--- -°--°----- - -...----- - -- - � 15 Vacation .......................................................................................................................6 16 Holidays .......................................................................................................................6 17 Disciplinary Procedures ...............................................................................................8 18 Absences From Work ..................................................................................................8 19 Seniority .......................................................................................................................8 20 7urisdiction .................................................................................................................10 21 Sepazation ..................................................................................................................10 22 Tools ..........................................................................................................................11 23 Grievance Procedure ..................................................................................................11 24 Right of Subcontract ..................................................................................................13 zS NOri-dlSraiminatlOri ............................. 26 Severability ......................................... 27 Waiver ................................................. 28 City Mileage Plan ................................ 29 Safery .................................................. 30 Legal Services ..................................... 31 Uniform Allowance ............................. 32 Durarion and Pled2e ............................ Appendix A Appendix B Appendix C Appendix D Appendix E Appendix F Appendix G 13 13 14 14 15 16 16 17 ........................... C 1 ........................... D 1 ................................................ Fi ................................................ G 1 �l �� °'�°° ��e� .� �� .. T �. . : . This Agreement is entered into between the City of Saint Paul, hereinafter refened to as the Employer, and the United Associa$on Plumbers Loca134 and Sprinkler Fitters Loca1 Union No. 417, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the City of Saint Paul for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that tYris 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 individual employees will best serve the needs of the general public. . iii ,.. .-< < L ,� . ARTICLE 1 - PURPOSE 11 The Employer and the Union agree that the purpose for entering into this Agreement is ta " 1.1(1) Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the lughest level of employee performance that is consistent with the safety and well-being of all concemed; 1.1(2) Set forth rates of pay, hours of work, and other conditions of employment as have been ageed upon by the Employer and the Union; 1.1(3) Establish procedures to orderly and peacefully resolve disputes as to the app&cation or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a suppiement 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 conforms to the statute as provided by Article 26 (SEVERABII,TTI�. ARTICLE 2 - RECOGIVITION • 2.1 The Employer recognizes the Union as the exclusive representative for collective bazgaining purposes for all personnel having an employment status of regular, probarionary, provisional and temporary, employed in the classes of positions defined in Appendix A as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-527-A dated May 11, 1973 and Case No. 86-PR-951 dated May 14, 1986. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all personnel, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the ufilizafion of technology; to establish and modify the organizational structure; to select, direct, and determine the number of persoanel; and to perform any inherent managerial function not specifically lunited 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 notificarion to the Union. CJ 1 � ��' �` � ARTICLE 4 - iJNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessaty to cover monthly Union dues. Such monies 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 bazgaining 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 23 (GRIEVANCE PROCEDURE). 43 Upon norification to a designated Employer supervisor, the Business Manager of the Union, or lus designated representative shall be permitted to enter the facilities of the Employer where employees covered by this Agreement aze working. ARTTCLE 5- SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment" defined by M.S. 179.63, Subd. 18 for a12 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. 5.2 Employees represented by this agreement aze covered by the Civil Service Rules with Yhe exception of those rules pertaining to preference in promotion as related to Sections 8 and 14. ARTICLE 6 - PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regulaz exnployment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the position's duties and responsibilities shall be evaluated. 6.1(1) At any time durittg the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 23 (GRTEVANCE PROCEDURE). � r 1 � 61(2) An employee termniated during the probationary period shall receive a written • norice of the reason(s) for such temunation, a copy of which shatl be sent to the Union. 2 �� -'- � :�� . • ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.2 All personnel promoted to a higher ciass shall serve a six (6) month promotional probationary period during which time the employee's fihiess and ability to perform the position's duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probarionary period an employee may be demoted to the employee's previously held class at the discretion of the Employer without appeal to the provisions of Article 23 (GRIEVANCE PROCEDURE). 6.2(2} An employee demoted during the promotional probationary period shall be retumed to the employee's previously held class and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7- PFIILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union aze in full Agreement that the philosophy of employment • and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe benefit rate as found in Articles 12 (WAGES) and 13 (FRINGE BENEFTTS). 73 No other compensation or fringe benefiY shall be accumulated or earned by an employee except as specifically provided for in tlus Agreement. ARTICLE 8- HOURS OF WORK 8.1 The normal work day sha11 be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period between 7:00 a.m. and 5:30 p.m. 8.2 The normal work week shall be five (5) consecutive normal work days Monday through Friday. 83 If, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a normal work day or work week other than that provided in Article 8.1 or 8.2, the Union agrees to enter into negotiations immediately to establish such conditions i 3 0� �°�� ,� , �o � ARTICLE 8- HOURS OF WORK (Continued) 8.4 This section shall not be conshued as, and is nof a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established wark day unless other�vise directed by their supervisor. 8.6 All employees aze subject to call-back by the Employer as provided by Article 10 (CALL IN/CALL BACK). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. ARTICLE 9 - OVERTIlVIE 9.1 Time on the payroil in excess of the normal hours set forth above shall be "overtime work" aud shall be done only by order of the head of the department. Au employee shatl , be recompensed for work done in excess of the normal hours by being gxanted compensatory time on a time-and-one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. 9.2 The rate of one and one-half (1 1/2) the basic hourly rate shall be the overtime rate for work perfortned under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day and; 9.2(2) Time worked in excess of 40 hours in a seven (7) day period. 93 For the purpose o£ calculating overtime compensation overtime hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this article shall be paid in cash or compensatory time as determined by the Employer. ARTIC�.E 10 - CALL IN/CALL BACK 10.1 The Employer retains the right to call in or call back employees before an employee has � started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. � � .% ` • ARTICLE 10 - CALL IN/CALL BACK (Continued) 102 Employees called in or called back shall receive a m;n;mum of four (4) hours straight time pay at the basic hourly rate or shall be compensated in accordance with Article 9 (OVERTIME), when applicable, whichever is greater. 10.2(1)Notwithstanding Article 10.2, employees called in four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hours worked in accordance with Article 9 (OVERTIlVIE). ARTICLE 11- WORK LOCATION, RESIDENCY 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal work day employees may be assigned to other work locations at the discretion of the Employer. 11.2 The resolution pertaining to residency approved July 26, 1979, under Council File No. 273378 shall apply to all employees covered by tlus Agreement. • ARTICLE 12 - WAGES 12.1 The basic hourly wage rates as established by Appendix C and Appendix F shall be paid for all hours worked by an employee. 12.2 Regulaz, provisional and temporary employees shall be compensated in accordance with Article 12.1 (WAGES) and have fringe benefit contributions and/or deductions made on their behaif as provided for by Article 13 (FRINGE BENEFITS). 12.3 All regulaz employees employed after February 15, 1974, shali be compensated in accordance with Article 12.1 (WAGE3) and have fringe benefit contributions and/or deducfions made on their behalf as provided for by Article 13 (FRINGE BENEFITS). ARTICLE 13 - FRINGE BENEFITS 131 The Employer shall make contriburions on behalf of and/or make deductions from the wages of employees covered by this Agreement in accordance with Appendix D and Appendix G for all hours worked. 13.2 Temporary, provisional, probationary and regutar employees shall be eligible for a paid � holiday for Labor Day, the first Monday in September in accordance with the St. Paul Salary Plan and Rates of Compensation. 5 o�� ARTICLE 14 -SELECTION OF SElVIOR PLUMBING INSPECTOR, LEAD PLUNIBER AND GENERAL FOREMAN • 14.1 The selecrion of personnel for the classes of positions Lead Plumber and Senior Plumbing Inspector shall remain solely with the Employer. 14.2 The classes of positions Lead Plumber and Senior Plumbing Inspector sha11 be filled by employees of the bazgaining unit on a"temporary assigiment". 143 tlll "temporary assignments" shall be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assigiments" shall be made only in cases where the class of positions is vacant for more than one (1) normal work day. ARTICLE 15 -VACATION 25.1 Employees shall be required to take at least ten (IO )vacation days per year. These days sha11 be granted with Employer approval. These vacation days shall be considered non- work days. • ARTICLE 16 - HOLIDAYS 16.1 The following ten (10) days shall be designated as holidays: New Yeaz's Day, January 1 Martin Luther King Day, 3rd Monday in Januazy Presidents' Day, Third Monday in February Memoriai Day, Iast Monday in May Independence Day, July 4 Labor Day, fust Monday in September Veteran's Day, November 11 Thanksgiving Day, fourth Thursday in November Day After Thanksgiving, fourth Friday in November Christmas Day, December 25 16.2 When New Yeaz's Day, Independence Day or Cbxistmas Day faiIs on a Sunday, tfie 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. 163 The ten (10) holidays shall be considered non-work days. • 6 o�-�g�� ARTICLE 16 - HOLIDAYS (Continued) 16.4 If, in ttte judgment of the Employer, personnel aze necessary for operating or emergency reasons, employees may be scheduled, "called in" or "called back" in accordance with . Article 10 (CALL IN/CALL BACK). 16.5 Employees other than Fire Sprinkler Inspectors, worldng on the holidays listed below shall be paid on a straight time basis. Martin Luther King Day Presidents' Day Day After Thanksgiving Veterans' Day 16.6 Martin Luther King Day Veterans' Day • 16.7 Fire Sprinkler Inspectors worldng on the holidays listed below shall be paid on a straight time basis. Employees, other than Fire Sprinkler Inspectors, worldng on the Holidays listed below shall be paid at the rate of two (2) times the basic hourly rate for ali hours worked. New Yeaz's Day Memoriai Day Thanksgiving Day Christmas Day Independence Day 16.8 Fire Sprinkler Inspectors working on the holidays listed below shall be paid at the rate of two (2) times the basic hourly rate for ali hours worked. New Yeaz's Day Christmas Day � 16.9 Employees, other than Fire Sprinkler Inspectors, working on Labor Day shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis, or by being paid on a time and one-half basis for such hours worked, in addirion to their regular holiday pay. 16.10 Fire Sprinkler Inspectors worldng on Memorial Day, Independence Day, Labor Day or Thanksgiving Day shall be recompensed for work done on any of these days by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such hours worked, in addition to their regular holiday pay. Fire Sprinkler Inspectors working on President's Day or the day after Thanksgiving shall be recompensed for work done any of these days by being granted compensatory time on a straiglat time basis or by being paid on a straight time basis in addition to their regulaz holiday pay. During the calendar year of 1994 Fire Sprinkler Inspectors working on the Friday before Labor Day shall be recompensed for work done on this day by being granted compensatory time on a straight time basis or by being paid on a straight time basis in addition to their regular holiday pay. 17 � 3° �� ARTICLE 17 - DISCIPLINARY PROCEDURES 17.1 17.2 The Employer shall have the right to impose discipiinary actions ott employees for jusY cause. Disciplinary actions by the Employer shall include only the following actions: 17.2(1)Oral reprimand 17.2(2) Written reprunand 17.2{3)Suspension 17.2(4)Demotion 17.2(5)Dischazge 173 Employees who are suspendec3, demoted, or discharged shaIl have the right to request that such actions be reviewed by the Civil Service Commission. The Civil Service Commission, shall be the sole and exclusive means of reviewing a suspension, demorion, or dischazge. No appeal of a suspension, demotion, or dischazge shall be considered a "grievance" for the purpose of processing through the provisions of Article 23 (GRIEVANCE PROCEDURE). ARTICLE 18 - ABSENCES FROM WORK 18.1 Employees who aze uuable 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. 18.2 Failure to make such notification may be grounds for discipline as provided in Article 17 (DISCIPLINARY PROCEDURES). 183 Failure to report for work without notification for three (3) consecutive normal work days may be considered a"guit" by the Employer on the part of the employee. ARTICLE 19 - SEIVIORITY 19.1 Seniority, for the purposes oftius Agreement, shall be defined as foIlows: 19.1(1) "Master Seniority" - The length of continuous regulaz and probationary service with the Employer from the last date of employment in any and a11 class titles covered by this Agreement. 19.1(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. '� . • 3 o��.. ,' � � � � � ARTICLE 19 - SEPTIORITY (Continued) 19.2 Seniority shall not accumulate during an unpaid leaue of absence, except when such a leave is granted for a period of less than thirry (30) calendaz days; is granted because of illness or injuzy; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time posifion with the Union. 193 Seniority shall terminate when an employee retires, resigns, or is discharged. 19.4 In the event it is determined by the Employer that it is necessary to reduce the work force, all temporary employees shall be released prior to the layoff of permanent employees. Further, it is managemenYs intent that permanent employees will be laid off by class title within each Department based on inverse length of "Class Seniority." However, management reserves the right to institute layoffs out of seniority for legitttnate business reasons. The Union will receive written notification of the legitimate business reason. ManagemenYs exercise of this right shall not be azbitrary or capricious. If the Union believes that an out-of-order layoffhas occurred for an azbitrary or capricious reason, such decision may be grieved under Article 23. Upon request, the parties agree to "meet and confer" to discuss any out of order layoff. Employees of the bazgaining unit remain covered by all other City of Saint Paul Civil Service Rules. This Article shall not be used in place of Article 17 (Discipiinary Procedures) to discharge employees. • 19.4 (i) For the purpose of this Article, pursuant to Article 14 (Selecrion of Senior Plumbing Inspector, Lead Plumber and General Foreman), temporary assignments are not deemed separate class titles within departments. 19.5 In the event it is determined by the Employer that it is necessary to reduce the number of Plumbing Inspectors in the Fire Department, employees will be laid off in inverse order of their "Class Seniority." However, employees being laid off who were appointed to the title of Plumbing Inspector prior to 7uly l, 1985 and transferred to the Fire Deparhnent shall have the right to displace Plumbing Inspectors in the Department of Community Services provided the employee has greater "Class Seniority" than the employee being displaced. 19.6 The selection of vacation periods sha11 be made by class fitle based on length of "Class Seniority," subject to the approval of the Employer. � 0 05-�� ARTTCLE 20 - JURISDICT'ION 20.1 Disputes conceining work jurisdiction between and amoag turions is recognized as an appropriate subj ect to determination by the various unions representing employees of the Employer. 20.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual Agreements between the unions involved. 203 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing sha11 restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 20.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 202 and 20.3 above shall be subject to disciplinary action as provided in Article 17 (DISCIPLINARY PROCEDURES). n Lr 20.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. ARTICLE 21- SEPARATION . 211 Employees having a probationary or regular employment status shalt be considered sepazated from employment based on the following actions: 21.1(1)Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 21.1(2)Discharge. As provided in Article 17 (DISCIPLINARY PROCEDURES). 21.1(3)Failure to Report for Duty. As provided in Article 18 (ABSENCES FROM WORK). 21.2 Employees having a Yemporary or provisional employment sYatus may be terminated at the discretion of the Employer before the completion of a normal work day. � �[17 o�- �� 5 d� yd • ARTICLE 22 - TOOLS 22.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. ARTICLE 23 - GRIEVANCE PROCEDURE 23.1 The Employer shall recognize the Stewazd selected in accordance with Union rules and regulations as the grievance representative of the bazgaining unit. The Union shall notify the Employer in writing of the name of the Stewazd and of his/her successor when so named. 23.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and sha11 therefore be accomplished during working hours only when consistent with such employee duries and responsibilities. The Stewazd involved and a grieving employee shall suffer no loss in pay when a grievance is processed during worldng hours, provided, the Stewazd and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. . 23 3 The ptocedure established by this article sha11 be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by 173, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 23.4 Grievances shall be resolved in conformance witk the foilowing procedure: Step 1. 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 grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union withiu seven (7) calendaz days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had lrnowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. • 11 � �° l�� ARTICLE 23 - GRIEVANCE PROCEDURE (Continued) ' � Step 2. Within seven (7) calendar days after receiving the written grievance a designated Employer supervisor shall meet with the Union Stewazd and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meering. 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 xeferred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2 a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative and attempt to resolve the gtievance. Within seven ('I) calendar days following this meeting the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a result of the written response the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven ('� calendar days following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendaz days after the response of the Employer in Step 3, 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 within seven (7) calendar days after norice has been given. If the parties fail to mutually agree upon an azbitrator within the said seven ('n day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) azbitrators. Both the Employer and the Union shall have the right to strike two (2) names from fhe panel. The Union shall siaike the fust (lst} name; the Employer shall tfien sirike one (1) name. The process will be repeated and the remaining person shall be the arbih�ator. 23.5 The azbitrator shall have no right to amend, modify, nuilify, ignore, add to, or sub�act from the provisions of this Agreement. The arbitrator shail 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 varyiug in any way the application of laws, rules or regulations hauing the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the azbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the azbitrator sha11 be final and binding on the � Employer, the Union and the emptoyees. 12 0 �� .� � ARTICLE 23 - GRIEVANCE PROCEDURE (Continued) 23.6 The fees and expenses for the ubitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and wihiesses. If either pariy desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record. 23.7 The time limits in each step of this procedure maybe extended by mutual Agreement of the Employer and the Union. ARTICLE 24 - RIGHT OF SUBCONTRACT 24.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreexnent. In the event that such contracting would result in a reduction of the work force covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to sub-contract. 24.2 The sub-contracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Orduiance No. � 14013. ARTICLE 25 - NON-DISCRIMINATION 25.1 The terms and condirions of this Agreement will be applied to employees equaily without regard to, or discriminarion for or against, any individual because of race, cblor, creed, sex, age, or because of inembership or non-membership in the Union. 25.2 Employees will perform their duties and responsibilides in a non-discriminatory manrier as such duties and responsibiliries invoive other employees and the general public. A.RTTCLE 26 - SEVERABILITY 26.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, aduuvistrative, or judicial authority from whose finding, deteiniination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 26.2 The parties agree to, upon written notice, enter into negofiations to piace the voided provisions of the Agreement in compliance with the legislative, administrative, or judicial . deternunation. 13 � ARTICLE 27 - WAIVER 27.1 The Employer and the Union acl�owledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opgortunity to make proposals with respect to any subject concerning the terms and conditions of employment. The Agreements and understandings reached by the parties after the exercise of this right aze fully and completely set fozth in this Agreement. 27.2 Therefore, the Emptoyer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or conditions of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 273 Any and all prior ordinances, Agreements, resolutions, practices, policies, and rules or regulations regazding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, aze hereby superseded. ARTICLE 28 - CITY MII,EAGE .0 � 28.1 Automabile Reimbursement Authorized: Pursuant to Chapter 33 of the Saint Paul Administrative Code, as amended, pertaining to reimbursement of City officers and � employees for the use of their own automobiles in the performance of their duties, the following provisions aze adopted. 28.2 Method of Computation: To be eligible for such reimbursement, all officers and employees must receive written authorization from the Depafinent Head. Type 1: If an employee is required to use his/her own automobile OCCASIONALLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day the employee's vehicle is actualty used in perfomvng the duties of fhe employee's position. In addition, the employee shall be reimbursed $.20 per mile for each mile actually driven. If such employee is required to drive an automobile during employment and the deparhnent head or designated representative determines that an Employer vehicle is available for the employee's use but the employee desires to use his/her own automobile, then the employee shall be reimbursed at the rate of $.20 per mile driven and shall not be eligible for any per diem. Type 2: If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reimbursed at the rate of $4.00 per day for each day of work. In addition, the empioyee shall be reimbursed $.20 per mile for each mile actually driven. � 14 0>�� . ARTICLE 28 - CITY MILEAGE (Continued) If such employee is required to drive an automobile during employment and the department head ot designated repLesentative determines that an Empioyer vehicle is available for the employee's use but the employee desires to use lus/her own automobile, then the employee shall be reimbursed at ffie rate of $.20 per mile driven and shall not be eligible for any per diem. • 283 The City will provide pazldng at a locarion and manner of the employer's choice within a reasonable distance of the work site for City employees on either of the above mentioned types of reimbursement plans who are required to have their personal caz available for City business. Such parldng will be provided only for the days the employee is required to have his or her own personal caz available. 28.4 Effective the 5rst of the month after the date of signing, employees of this bargaining unit shall receive the current IRS mileage reimbursement rate. All other mileage reimbursement plans referenced in Articie 28 shall not apply. ARTICLE 29 - SAFETY 29.1 Accident and injury free operations shall be the goal of the Employer and Employees. To this end the Employer and employees will, to the best of their ability abide by, and live up • to the requirements of the several State and Federal Construction Safety Codes and Regulations. 29.2 To this end the Employer shall from time to time issue rules or notices to his Employees regazding on the job safety requirements. Any Employee violating such rules or notices shall be subject to disciplinary action. No Employee maybe discharged for refusing to work under unsafe conditions. - 29.3 Such safety equipment as required by govemmental regulations, shall be provided witktout cost to the Employee. At the Employer's oprion, the Employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other t��n�tion in comparable condition as when issued, providing reasonable wear and tear. The Employer sha11 haue the right to withhold the cost of such safety equipment if not returned. � 15 ��°�� ARTICLE 29 - SAF'ETI'(Continued) 29.4 The EMPLOYER agrees to pay $30.00 towazd the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER sha11 only contribute towazd the cost of one pair of shoes per conttacY year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of the employee. Tlus $30.00 EMPLOYER contribution shall apply only to those employees who are required by the Employer to weaz protective shoes or boots. ARTICLE 30 - LEGAL SERVICES 30.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, or indifference to rights of others, the Employer shall defend, save harmless and indemnify employee against tort claim or demand whether groundtess or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. � 30.2 Notwithstanding the provisions of Section 30.1 the Employer shall not be required to defend or indemnify any employee against personal liability, or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel and/or other defamatory harms; or (b) arising out of cross claims, • counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instiiuted by such employee. 303 Notwithstanding the provisions of section 30.1 or 30.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regazd to actual or potential conflicts of interest. 30.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him/her, (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the City by giving written notice thereof to the Office of tke City Clerk. ARTICLE 31- UNIFORM ALLOWANCE 31.1 Fire Sprinkler Inspectors and Plumbing Inspectors in the Fire Depamnent who are required to weaz a specifiad uniform shall receive a uniform allowance of $425.25 per � calendar year from the Fire Department. 16 ��°��2 • ARTICLE 32 - DURATION AND PLEDGE 32.1 Ilnless otherwise specifically stated elsewhere herein, this Agreement is effective the date of signing by the Empioyer and the Union and shall remain in effect through the 30th day of April, 2008, and continue in effect from yeaz to year thereafter unless notice to change or to temrinate is given in the manner provided in Article 33.2. 32.2 If either party desires to termivate or modify this Agreement, effective as of the date of e7cpiration, 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 expuation date. 323 In consideration of the terms and coriditions of employxnent established by this Agreement and the recognition that the GRIEVANCE PROCEDURE herein established is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement; 323(i)The Union and the employees will not engage in, instigate, or condone any concerted action in which employees fail to zeport for duty, willfully absent themselves from work, stop work, slow down their work, or absent � themselves in whole or part from the full, faithful performance of their duties of employment. 32.3(2) The Employer will not engage in, instigate, or condone any lock-out of empioyees. 32.3(3)This constitutes a tentative Agreement between the parties which will be recommended by the Director of Human Resources, but is subject to the approval of the Administration o£the City, and is also subject to ratification by the Union. �J 17 i -- '.: ARTICLE 32 - DURATION AND PLEDGE (Continued) AGREED and attested to as the full and complete understanding of the parties for the period of time herein specified by the signature of the following representative for the Employer and the Union: WITNESSES: CITY OF SAINT PAUL v� J es Vollmer Labor Relarions Specialist �'!�S-o� Date � ason Sc Labor Relafions Manager g��/� � � Date LTNIT'ED ASSOCIATION OF PLUMBERS LOCAL 34 �; ' - � • tan Theis Business Manager �..-�,� aS- Date SPRINKLER FTTTERS LOCAL 417 �!�'/ � Tim Business Representative . .=' � i. - IE:1 � � � O�m�R� � APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union aze as follows: Lead Plumber Piumber Senior Plumbing Inspector Plumbing Inspector Plumbing Inspector--Water Department Spiiukler Fitter Inspector and other classes of positions that may be established by the Employer where the duties and responsibilities assigned aze detennined by the Bureau of Mediarion Services to be appropriately represented by this bargaining unit. • � Al � V � _ -� � � PENDIX B 6' Folding rule . � B1 n U APPENDIX C o � ° � � � 1. The basic hourly wage rate for temporary and emergency employees agpointed to the following classes of positions shall be: Piumber Lead Plumber Plumbing Inspector Plumbing Inspector -Water Utiliry Senior Plumbing Inspector** Effective 04/30/05 $32.54* $35.09* $35.09* $35.09* $36.54* * T'his rate includes the $3.92 taxabie vacation contribution. Apprentice � U � 0- 6 months ................................................................. 50% of Plumber rate 7-12 months ................................................................ 55% of Plumber rate 13-18 months ............................................................... 60% of Plumber rate 19-24 months ............................................................... 65% of Plwnber rate 25-30 months ............................................................... 70% of Plumber rate 31-36 monUvs ............................................................... 75% of Plumber rate 37-42 months ............................................................... 80°/a of Plumber rate 43-48 months ............................................................... 85% of Plumber rate 49-54 months ............................................................... 90% of Plumber rate 55-60 months ............................................................... 95% of Plumber rate The basic hourly rate for temporary employees whose length of employment and earnings require that they be subject to Public Employees Retirement Association (PERA) conhibutions shall be the temporary rate divided by 1.0553. This amount is subject to fiuther increase or decrease by the State of Minnesota. **The hourly rate of Senior Plumbing Inspector is $1.45 above the Plumbing Inspector rate. C1 APPENDIX C (Continued) 0 �� Effective May 1, 2006(or closest payroll period), there will be an additional $2.18 per � hour increase added to the total package. The parties will agree prior to that date regarding the distdbution between wages and fringes. This annount will be decreased by any increase in the Industry Fund. Effective May 1, 2007(or closest payroll period), there will be an additional $2.22 per hour increase added to the total package. The parties wilI agree prior to that date regarding the distribution betweett wages and fringes. This amount will be decreased by any increase in the Industry Fund. If the Union elects to have the conhibutions 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 plus contributions) r�a;n� constant. In fhe event Loca134 and any plumbing contractor affitiated or nof affiIiated with Twin Cities Piping Industry Association and doing business in the seven county metropolitan azea agree to a total commercial package different from the above total commercial package such differences shall be immediately agplicable to the total compensation paid to employees covered by this Agreement. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contn�bution rates for employers and employees to 5.53% effective Ol/Ol/02. This zate is subject � to increase or decrease by the State of Minnesota. L C2 APPENDIX D �. . L , r �, - � . ' �' z L � � Uniess specifically noted, the conhibution levels represent pre-tas amounts. Effective OS/Ol/OS for participating employaes working in a title listed under the heading, Group A, in Appendix A, the Employer shall: (1) contribute to a Union designated Credit Union $3.46 per hour, for which payroll deductions have been made, for ali hours worked by participating employees, as defined in Articles 123, 12.4 and 12.5 of this Agreement. (2) contribute to a Health and Welfare Fund $6.41 per hour for all hours worked by participating employees, as defined above. (3) contribute to a Retiree Health Trust $1.95 per hour for all hours worked by participating employees, as defined above. (4) contribute to the Pension Funds $6.47 per hour for ail hours worked by participating employees, as defined above. (5) contribute to the Journeyman and Apprenticeship Training Fund $0.23 per hour for all hours worked by participating employees, as defined above. (6) contribute to the International Training Fund $0.05 per hour for all hours worked by participating employees, as defined above. � The Employer will not make the above conh for Holidays or vacation. All contributions made in accordance with this Appendix D shall be forwarded to the Twin City Pipe Traders Service Associarion. The Employer shall establish Workers Compensation and Unempioyment Compensation programs as required by Minnesota Statutes. The Employer's fringe benefit obligation to employees-is limited to the contributions and/or deducrions 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 fonvarded contributions and/or deductions. i D1 APPENDIX E � :� �° � � � WORHING CONDITIONS FOR SEPTIOR PLUMBING INSPECTORS AND � PLUIVIBING INSPECTORS As a resuit of the 1974 settiement, the Parties have established craft-determined rates for Senior Plumbing Inspectors and for Plumbing Inspectors, with the specific understanding that such Agreement is restricted to established rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Article 3(EMPLOYER RIGHTS) of ffie Maintenance Labor Agreement, shall have the right to operate the DeparCment in the sazne manner as heretoFore, with management rights unaffected, and that the establishxnent of sepazate rates for these classifications as weli as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional claims or reshicrions be asserted by the Union because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. n LJ ,� El. r1 � r1 LJ � APPENDIX F � � - � � � 1. The basic hourly wage rate for temporary and employees appointed to the following classification shall be: 2. Fire Sprinkler Inspector: Effective Effective **06/O1/OS O1/O1/06 $37.42* $37.17* Effective Effective 06/Ol/06 01/01/07 $39.22* $38.97* * This rate includes the $0.50 taxable vacarion contribution. ** Or closest payroll date. The basic hourly wage rate for provisional, regulaz and probationary employees appointed to the following classification shall be: Fire Sprinkler Inspector: Effective Effective **06/Oi/OS Ol/Ol/06 $35.46 * $35.22 Effective 06/Oi/06 $37.16 * This rate includes the $0.50 taxable vacation contribution. ** Or closest payroll date. Effective Ol/Ol/07 $36.93 Effective 7une 1, 2006(or closest payroll period), there will be an addirional $1.95 per hour increase added to the total package. The parties will agree prior to that date regazding the distribution between wages and fringes. This amount will be decreased by any increase in the Industry Fund. Effective June 1, 2007 (or closest payroll period), there will be an additional $Z.OS per hour increase added to the total package. The parties will agree prior to that date regarding the distribution between wages and fringes. This amount will be decreased by any increase in the Indushy Fund. The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for employers and employees. The current rate for applicable employees is 5.53%. This rate is subject to further increase or decrease by the State of Minnesota. F1 • I1 U \J APPENDIX G 0 �- �92 Unless specifically noted, the conhibution levels represent pre-tas amounts. Effective 06f01/OS(or closest payroll date), for employees working in the title of Fire Sprinkler Insgector, the Employer shall: (1) �2) (3) (4) (5) (6) ��) conh�ibute to a Health and Welfare �nd $6.15 per hour for all hours worked. to the wage rate in appendix F. contribute to the National Pension F�nd $2.60 per hour for all hours worked. Effecrive O i/Ol/06 this rate shall increase to $2.85 per hour for all hours worked. There shall be a conesponding decrease to the wage rate in appendix F. Effective Ol/Ol/07 this rate shall increase to $3.10 per hour for all hours worked. There shall be a corresponding decrease contribute to the Supplemental Pension �nd $5.30_per hour for all hours worked. contribute to the Education �nd $.16 per hour for all hours worked. deduct and forwazd to the Vacation F�nd $.50 per hour for all hours worked. contribute to the L 417 Training Fund $0.10 per hour for all hours worked. conhibute to the Internationai Training Fund $.OS per hour for all hours worked. All conhibutions and deductions made in accordance with this Appendix G shall be forwarded to the Union along with a detail of the contributions and deductions. The Employer shall establish Worker's Compensation and Unemployment Compensa6on programs as required by Minnesota Statutes. The Employer's fringe benefit obligation is limited to the contributions andJor deductions established by this Agreexnent. The actual level of benefits provided to empioyees shall be the responsibility of the Trustees of the various funds to which the Employer has forwazded the contributions and/or deducrions. G1