96-48Council File # —
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;\ i tr' � i�'„ ,� Green Sheet #��
RESOLUTION
�� CI 1�(yT P�.., MfNNES07A rl'�'
Presented
Referred To
Committee Date
RESOLVED, thax the Council of the City of Saint Paul hereby approves and ratifies the attached
2 1995 -1997 Agreement between the Independent School DistrictNo. 625 and the Operative Plasterers Loca1
Union No. 26�.
Requested by Department of:
Office of Labor Relations
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Form App ved by ' rney
By: ( �15�4�
Appxove Mayor or Su is ' to ouncil
By: � �f
Adopted by Council: Date
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Adoption Certified by Council Secratary
DEPART�IENT/OFFICE/COUI�CIL:
LABOR RELATIONS
CONTACf PERSON & PHONE:
MARY H. KEARNEY 266-6495
MCiST BB OR COUNCII, AGF1V'DA BY @ATE)
TOTAL # OF
DA� IN"'`"� GREEN SHEET No.: 35091 g�p-���
01-08-96
r� IN717ATJDAtE IN74'IAL/DATE
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ASSIGN 1 DEPARTMENI' DIlL 4 CITY COUNCII.
NUMBER 2 CTTY ATfORNEY CTTY CLERK
FOR BUDGE'I DIR. FIN. & MGT. SERVICP DIR.
ROITI'A'G 3 MAYOR (OR ASST.)
ORDER
ALL LOCATIONS FOR SIGNATURE)
acrioN �QV�s�n: This resolution approves the attached 1995 - 1997 Agreement between the Independent Sckool
District No. 625 and the Operative Plasterers Local Union No. 265.
RECOMIv�NDA170NS: Approve (A) or Reject (R)
_PLANMNGCOMIvIISSION CIVILSERVICE COM�IISSION
CIB COMMITTEE
STAFF
DISTRICT COURT
SUPPORTS WHICH COUNCIL OBJEC'TTVE?
PERSONAL SERVICE CON7'RACTS MITST ANSWER THE FOLLOWING
QUESTIONS:
1. Has Uils persoNfum ever worked under a contract for tivs department?
Yes No
2. Aas this persoNfum ever been a ciry empioyee?
Yes No
3. Does this persoNfirm possess a skill not nomially possessed by any current city
employee? Yes No
Explain ad yes aaswers on separah sheet and atqc6 to green sheet
INTTL4TING PROBLEM, ISSUE, OPPORTIJNi1'Y (Wdo, What, Wheu, Where, Why):
See Attached. This Agreement pertains to Board of Education employees only.
ADVANTAGESIFAPPROVED:
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DLSADVANTAGES IF APPROVED.
DISADVANTAGES IF NOT APPROVED:
TOTAL AMODPiT OF TRANSACTION: S
F(7ND7NG SOUACE:
COST/REVENUE BUDGETED:
ACTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAI�
O NEGOTIAT/ONS/LABOR RELAT/ONS �` •'�
���P SA/NT PAUL PUBL/C SCNOOLS
��� 360 COLBORNE STREET
„ u> � i���'" ;; SL PAUL, MN 55102-3299
rueuc scxoots _ �
� k � � � �' `,'�. �� � � (612) 293-5151
�!}��� �FS���fF� FAX (612) 290-8331
'96 JAN -5 t�t :1fl
MEMORANDUM
TO: Sue Wegwerth
City - Office of Labor Refations
FROM: Phyllis E. Byers
Richard Kreyer
DATE: January 4, 1996
SUBJECT: Labor Agreement between Independent School District No. 625 and
Operative Plasterers Local Union No. 265
Enclosed are three copies of the above contract for the duration of June 1, 1995 through
May 31, 1997. Also, enclosed is a copy of the agenda request approved by the Board of
Education on October 17, 1995.
Also, per your request enclosed is an additional copy of the labor agreement for Minnesota
Cement Masons, Plasterers and Shophands Local 633, and Carpenters District Council of
Southern Minnesota of United Brotherhood of Carpenters and Joiners of America.
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Enclosures - 6
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUSLIC SCHOOLS
DATE
October 17, 1995
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TOPIC: Approval of an employment agreement with Operative Plasterers Local
Union No. 265
A. PERTINENT FACTS:
3.
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New Agreement is for the two-year period June 1, 1995 through May 31, 1997.
The language provisions of the previous contract remain essentiaily unchanged, except for
necessary changes to dates and outdated references.
The District has one (1) regu{ar F.T.E. in this bargafning unit.
Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Richard Kreyer, Negotiations/Labor Relations Assistant
Manager; Phyllis E. Byers, Negotiations/Labor Relations Manager; and William A. Larson,
Assistant Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this
school district for whom Operative Plasterers Local Union No. 265 is exclusive representative;
duration of said Agreement is for the period of June 1, 1995 through May 31, 1997.
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INDEX
ARTICLE TITLE
PAGE
Preamb4e......................................................................................... v
1. Purpose ........................................................................................... 1
2. Recognition ...................................................................................... 1
3 . Empfoyer Rights .............................................................................. 1
4. Union Rights .................................................................................... 2
5. Scope of the Agreement .................................................................... 2
6. Probationary Periods ...................................................................... 3
7. Philosophy of Employment and Compensation ................................ 3
8. Hours of Work ................................................................................. 4
9 . Overtime .......................................................................................... 5
10. Call Back .......................................................................................... 6
11 . Work Location ................................................................................. 6
12 . Wages ............................................................................................... 6
13 . Fringe Senefits ................................................................................ 7
i 4. Selection of Lead Plasterer and General Lead Plasterer ................. 7
15 . Holidays ........................................................................................... 8
16. Discipiinary Procedures ................................................................. 9
17. Absences from Work ....................................................................... 9
18 . Seniority ......................................................................................... 10
19. Jurisdiction ..................................................................................... 11
20 . Separation ....................................................................................... 11
21 . Toois ................................................................................................ 1 1
22. Grievance Procedure ....................................................................... 1 2
23. Right of Subcontract ........................................................................ 1 4
24. Non-Discrimination ........................................................................ 14
25 . Severability .................................................................................... 14
26 . Waiver ............................................................................................. 16
27. Mileage - Independent School District No. 625 .............................. 1 6
28. Duration and Pledge ......................................................................... 1 7
Appendix ....................................
Appendix ....................................
Appendix ....................................
Appendix ....................................
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.... B 1
. C1-2
.... D 1
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PREAMBLE
, This Agreement is entered into between independeni School District No. 625,
hereinafter referred to as the Empioyer, and the Operative Piasterers and Cement
Masons International Association Local 265, hereinafter referred to as the Union.
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The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibility of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at all levels of
resportsibility. Constructive attitudes of the Employer, the Union, a�d the individuaf
employees wili best serve the needs of the general public.
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ARTICLE 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 peacefut retations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the satety and well-being oE all concemed;
1.1.2 Set torth rates of pay, hours of work, and other conditions of
emp{oyment as have been agreed upon by the Employer and the Union;
1.1.3 Establish procedures to orderly and peacefuliy resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
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1.2 The Empioyer and the Union agree that this Agreement serves as a supplement to
legisiation 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 25 (Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for collective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the classes of positioRS defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No.9�-PGL-3134 dated January 26, 1990.
2.2 The classes of positions recognized as being exclusively represented by the Union
are as fisted in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure, to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited by this
Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall
remain with the Employer to eliminate, modify or establish following written
notification to the Union.
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ARTICLE 4. UNION RIGHTS
4.1 The Employer shall deduct from the wages of employees who authorize such a •
deduction in writing an amount necessary to cover monthly Union dues. Such
monies deducted shall be remitted as directed by the Union. �
4.1.1 The Employer shal! not deduct dues from the wages of employees covered
by this Agreement for any other Iabor organization.
4.1.2 The Union shall indemnify and save harmless the Employer from any
and all ciaims or charges made against the Empioyer as a result of the
implementation of this Article.
4,2 The Union may designate one (Y) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 22
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or the designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMEM
5.1 This Agreement establishes the `Yerms and conditions of employmenY' defined by
Minn. Stat. § 179A.30, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employmenY' established by Civil Service Rule, Councii Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATlONARY?ERIODS
• 6.1 Ali personnei, originaity hired or rehired following separation, in a regular
employment status shall serve a six (6) month probationary period during
� which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1.2 An employee terminated during the probationary period shafi receive a
written notice of the reason(s) for such termination, a copy of which
sha11 be sent to the Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to pertorm the class of positions' duties and responsibilities shall be
evaluated.
6.2.1 At any time during the promotiona! probationary period an empioyee
may be demoted to the employee's previously-held c{ass of positions at
the discretion of the Employer without appeaf to the provisions of
Article 22 (Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall
� be returned to the employee's previously-held class of positions and
shall receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shall be 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 Article 12 (Wages)
and Article 13 (Fringe Benefits).
7.3 No other compensation or fringe benefft shali be accumulated or earned by an
employee except as specifiically provided for in this Agreement.
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ARTICLE 8. HOURS OF WORK
8, i The normai workday shali be eight (8) consecutive hours per day, excluding a •
fhirty (30) minute unpaid funch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday.
8.3 If, during the term of ihis 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 immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday 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 esYablished workday unless otherwise directed by
their supervisor.
8.6 All employees are subject to call back by the Empioyer as provided by
Article 10 (Cali 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 workday.
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ARTICLE 9. OVERTIME
• 9.1 All overtime compensated for by the Employer must receive prior authorization
from a designated Empioyer supervisor. No overtime work claim wiil be honored
' for payment or credit unless approved in advance. An overtime claim will not be
honored, even though shown on the time card, unless the required advance
approval has been obtained.
9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be
paid for work performed under the fiollowing circumstances:
9.2.1 Time worked in excess of eight (8) hours in any one normal workday;
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9.2.2 Time worked on a sixth {6th} day following a normal work week.
9.3 The overtime rate of two (2) times the basic hourfy rate shail be paid for work
performed under the following circumstances:
9.3.1 Time worked on a holiday as defined in Article 15 (Holidays);
9.3.2 Time worked on a seventh (7th) day tollowing the normal work week;
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9.3.3 Time worked in excess of twelve (12) consecutive hours in a
twenty-four (24) hour period, provided that all "emergency" work
� required by "Acts of God" shali be compensated at the rate of one and
one-half (1-1/2).
9.4 For the purposes of calculating overtime compensation, overtime hours worked
shall not be "pyramided," compounded or paid twice for the same hours worked.
9.5 Overtime hours worked as provided by this Articie shall be paid in cash or in
compensatory time at the option of the Employer.
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ARTlCLE 10. CALL BACK
10.1 The Empioyer retains the right to call back employees before an employee has •
started a normal workday or normal work week and after an employee has
completed a normal workday or normal work week. "
10,2 Employees called back shall receive a minimum of four (4) hours oi pay at the
basic hourly rate. '
10.3 The hours worked based on a cafl back shalf be compensated in accordance with
Article 9(Overtime), when applicable, and subject to the minimum established
by 102 above.
10.4 Employees called back four (4) hours or less prior to their normal workday
shall complete the normal workday and be compensated only for ihe overtime
hours worked in accordance with Articte 9(Overtime).
ARTICLE 1 1. WORK LOCATION
1 1.1 Empioyees shall report to work location as assigned by a designated Empioyer
supervisor. During the normal workday, employees may be assigned to other
work locations at the discretion of the Employer. �
1 1.2 Employees assigned to work locations during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shall be compensated for mileage, as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as estabiished by Appendix C shalt be paid for all
hours worked by an employee.
12.2 Regular employees and temporary employees shall be compensated in accordance
with Article 12.1 (Wages) and have fringe benefit contributions andlor
deductions made on their behalf as provided for by Article 13 (Fringe Benefits).
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ARTICLE 13. FRINGE BENEFlTS
• 13.1 The Empioyer shall make contributions on behalf of andior make deductions from
the wages of employees covered by this Agreement in accordance with Appendix D
' for ali hours worked.
13.2 The Employer wiil for the period of this agreement provide, for those employees
hired before February 15, 1974, and who were eligible for the Employer's
Health and Wetfare premium contributions and who have retired since
June 1, 1978, such health insurance premium contributions up to the same
dollar amounts as are provided by the Empfoyer at the date of eariy retirement
and the cost of premium contributions toward $5,000 tife insurance coverage
untii such employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 13.2
and 13.3 the employee must:
13.2.1 Be receiving benefits irom a public employee ret+ree act at the time of
retirement.
13.2.2 Have severed the empioyment relationship with the City of Saint Paul
and/or independent School District No. 625 under one of the early
retiree plans.
13.2.3 Inform the Human Resource Department of Independent School District
No. 625 and Office of Human Resources, City of Saint Paul in writing
� within sixty (60) days of employee's early retirement date that he or
she wishes to be eligible for early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or Iater and who met the criteria
in 13.2 or for early retirees who qualified under 13.2 and have reached age
sixty-five (65) after retirement the Employer will provide payment of
premium for a Medicare supplement health coverage policy selected by the
Empioyer.
ARTICLE 1 4. SELECTfON OF LEAD PLASTERER AND GENERAL LEAD PLASTERER
14.1 The selection of personnel for the class of position of Lead Plasterer shall remain
solely with the Employer.
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ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shali be designated as unpaid hofidays:
New Year's Day
Martin Luther King,
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Christmas Day
January 1
Jr. Day Third Monday in January
Third Monday In February
Last Monday In May
July 4
First Monday in September
Second Monday in October
November 11
Fourth Thursday In November
December 25.
15.2 When New Year's Day, )ndependence 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 shal! be considered
the designated holiday.
15.3 The ten (10j holidays shali be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating or
emergency reasons, employees may be scheduled or "called back" in accordance
with Article 10 (Call Back).
15.5 Employees assigned to work on Martin Lulher King, Jr. Day, Presidehts' Day,
Columbus Day or Veterans' Day shall be compensated on a straight-time basis for
such hours worked.
15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate
of two (2) times the basic hourly rate for such hours worked.
15.7 !f Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls
on a day when school is in session, the employee shall work that day at straight
time and another day shall be designated as the holiday. This desigrtated holiday
shall be determined by agreement between the employee and the supervisor.
15.8 Notwithstanding Article 15.1 and 15.7 above, the Employer may at any time
during the life of this Agreement designate the day after Thanksgiving as a
holiday. In the event of such designation, either Mariin Luther King, Jr. day,
Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the
holidays list as set forth in Article 15.1.
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ART{CLE 16. DISCIPLINARY PROCEDURES
• 16.1 The Employer shall have the right to impose disciplinary actions on employees
forjust cause.
16.2 Discipiinary actions by the Empioyer shail include only the foliowing actions:
16.2.1 Oral reprimand;
16.2.2 Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
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16.3 Empioyees who are suspended, demoted or discharged shall retain all rights under
Minn. Stat. § 179A.20, Subd. 4, and thereby shall have the right to request that
such actions be considered a"grievance" for the purpose of processing through
the provisions of Article 22 (Grievance Procedure). Once an employee or the
Union acting in the employee's behalf initiates review of an action, that matter
shall not again be reviewed in another forum. OraV reprimands shall not be
subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Emp{oyees who are unable to report for their normal workday have the
responsibility to noiify iheir supervisor of such absence as soon as possibte, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification may be grounds for discipline as provided in
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) cortsecutive normai
workdays may be considered a"quiY' by the Employer on the part of the
employee.
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ARTlCLE 18. SENIORITY
18.1 For the purpose of this Article the following terms shali be defined as foilows:
18.1.1 The term, "Employer," shall mean Independent School District No.
625, Saint Paul Pubtic Schools.
18.1.2 The term, "Master Seniority," shall mean the IengtF� of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Empioyer in a class
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's class seniority starts at zero the day of appointment to a School
District position in that title and begins to be calculated from that date.
An empioyee's Class Seniority does not revert to zero following recal!
from an Employer initiated layoff within the twenty-four (24) month
recall rights period specified in 18.4. This definition of class seniority
wouid be used for all Isyoff decisions.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a leave is granted for a period of less than thirty (30) calendar days; is
granted because of iliness or injury; is granted to allow an employee to accept an
appointment to the unclassified service of the Employer or to an elected or
appointed fuli-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by tfie Employer that it is necessary to reduce the
workforce, employees will be Iaid off by class title within each Department based
on inverse length of "Class Seniority." Employees laid off by the Employer shail
have the right to reinstatement in any lower-paid class title previously held
which is covered by this Agreement, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from layoff shall be in
inverse order of layoff, excepi that recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff, No other Civil
Service recall rights to this Empioyer shall apply. This provision does not
address any rights fhe emptoyee may have to be recalied to any other empioyer.
1 S.5 The selection of vacation periods shall be made_by class title based on length of
"Class Seniority," subject to the approval of the Employer.
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ARTICLE 19. JURfSDICTION
� 19.1 Disputes concerning work jurisdiction between and among unions is recognized as
an appropriate subject for determination by the various unions representing
- employees ot the Employer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any
' mutua� agreements between the unions involved.
1 9.3 In the event of a dispute concerning the pertormance or assignment of work, the
unions involved and the Employer shall meet as soon as mutually possible to
resolve the dispute. Nothing in the foregoing shall restrict the right of the
Employer to accompfish the work as originaily assigned pending resolution of the
dispute or to restrict the Emptoyer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 192 and 19.3 above shall be subject to discipiinary action
as provided in Article 16 {Disciplinary Procedures).
19.5 There shail be no work stoppage, slow down or any disruption of work resulting
from a work assignment.
� ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the foliowing actions:
20.1.1 Resignation, Employees resigning from employment shali give written
notice fourteen (14) calendar days prior to the effective date of the
resignation.
20.1.2 Discharae. As provided in Article 16.
20.1.3 Failure to Re�ort for Duty. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the
discretion of the Employer before the completion of a norma! workday.
ARTICLE 21. TQOLS
21 .1 Aii employees shall personally provide themselves with ihe tools of the trade as
� listed in Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize Stewards selected in accordance with Unio� rules
and regulations as the grievance representative of the bargaining unit. The Union
shaN �otify the Employer in writing oi the names of Yhe Stewards and of their
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibitities. The Steward involved and a grieving employee shall suffer no
loss in pay when a grievance is pracessed during working hours, provided the
Steward and the emp(oyee have notified and received the approvaf of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previously noted in
Article 16 (Disciplinary Procedures), be the sole and exclusive procedure for
the processing of grievances, which are defined as an alieged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
Steo 1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved shaif 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 !he nature of the grievance, the facts on which
it is based, the alleged section(s) of the Agreement violated, and the
relief requested. Any aileged viotation of the Agreement not reduced to
writing by the Union within seven (7} calendar days of the first
occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence
of the event giving rise to the grievance, shall be considered waived.
te 2. With seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward 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 meeting. The
Union may refer the grievance in writing to Step 3 within seven (7)
calendar days following receipt of the Employer's written answer. Any
grievance not referred in writing by the Union within seven (7)
calendar days following receipt of the Employer's answer shall be
considered waived.
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ARTfCLE 22. GRIEVANCE PROCEDURE (continued)
Sten 3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Empfoyer supervisor shall meet
with the Union Business Manager or his designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer concerning the grievance. If, as a result
of the written response, the grievance remains unresoived, the Union
may refer the grievance to Step 4. Any grievance not referred in
writing by the Urtion to Step 4 within seven (7) calendar days fol{owing
rece+pt of the Employer's answer shall be considered waived.
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Sten 4. If the grievance remains unresolved, the Union may within seven (7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. Ii the parties fail
to muluaily agree upon an arbitrator within the said seven (7)-day
period, either party may request the Bureau of Mediation Services to
submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The
Union shail strike the first (1st) name; the Employer shali then strike
one (1) name. The process will be repeated and the remaining person
shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modity, 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 thirty (30) days foilowing close of the
hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement
and to the facts of the grievance presented. The decision of the arbitrator shall 6e
final and binding on the Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shaii be
borne equaify by the Employer and the Union, provided that each party shall be
responsible for compensating its own representative and witnesses. If either
party cancels an arbitration hearing or asks for a last-minute postponement that
leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. lf either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it
pays for the record.
22.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the Union.
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ARTICLE 23. RIGHT OF SUBCONTRACT
23.1 The Employer may, at any time during the duration of this Agreement, contract �
out work done by the employees covered by this Agreement. In the event that r
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by tfiis Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DtSCRIMINATION
24.1 The terms and conditions of this Agreement will be applied to employees equally
without regard to or discrimination for or against, any individual because of
race, color, creed, sex, age or because of inembership or non-membership in the
Union.
24.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
employees and the general public. �
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legislative, adminisfrative or judicial authority from whose
finding, determination or decree no appeal is taken, such provision(s) shall be
voided. All other provisions shall continue in fuil force and effect.
25.2 The parties agree fo, upon written notice, enter into negotiations to pface the
voided provisions of the Agreement in compliance with the legislative,
administrative or judicial determination.
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ARTICLE 23. RIGHT OF SUBCONTRACT
• 23.1 The Emptoyer may, at any time during the duration of this Agreement, contract
out work done by the employees covered by this Agreement. In the event that
� such contracting would resuit in a reduction of the workforce covered by this
Agreement, the Empioyer shall give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcorttracting of work done by the empioyees covered by this Agreement
shail in all cases be made only to empioyers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 The terms and conditions of this Agreement will be applied to employees equally
without regard to or discrimination for or against, any individuaf because of
race, color, creed, sex, age or because of inembership or non-membership in the
Union.
24.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
� employees and the general pubtic.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to 6e contrary to
law by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeal is taken, such provision(s) shatl be
voided. All other provisions shatt continue in fult force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the
voided provisions of the Agreement in compliance with the legislative,
administrative or judicial determination.
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ARTICLE 26. WANER
26.1 The Employer and ihe Union acknowledge that during the meeting and negotiating �
which resulted in this Agreement, each had the right and opportunity to make
proposais with respect to any subjeci concerning the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
ihat the other party shall not be obiigated to meet and negotiate over any term or
condition of employment whether specificaily covered or not specificaily covered
by this Agreement. The Union and Employer may, however, mutually agree to
modify any provision of this Agreement.
26.3 Any and a!I prior ordinances, agreements, resolutions, praciices, policies, and
rules or regulations regarding the terms and conditions of employment, to the
exfent they are inconsistenf with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE - INDEPEtdDENT SCHOOL DISTRICT NO. 625
27.1 Employees of fhe School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be •
eligible for such reimbursement, empioyees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN "A" effective with the adoption of this Agreement, is reimbursed
at the current Board of Education rate or 28¢ per mile whichever is
more. In addition, a maximum amounf which can be paid per month is
estabfished by an estimate furnished by the employee and the
employee's supervisor,
Another consideration for establishing ihe mauimum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of
each trip made
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ARTICLE 28. DURATION AND PLEDGE
• 28.1 This Agreement shall become effective as of the date of signing, except as spec'rficaily
provided othenr✓ise in Articfes 12 and 13, and shall remain in effect though the 31st
day of May 1997, and continue in effect from year to year thereafter unless notice to
change or to tertninate is given in the manner provided in 282.
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28.2 If either party desires to terminate or modify this Agreement effective as ot the date
of expiration, the party wishing to modify or terminate the Agreement shall give
wr'stten 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 oniy be
so terminated or mod'rfied effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment estabiished 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 pfedge that during tfie term of the Agreement:
28.3.1 The Union and the employees wil! not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully
absent themseives 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.
28.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
28.3.3 This constitutes a tentative Agreement between parties which will be
recommended by the school board negotiator, but is subject to the approval
of the 8oard of Education and is also subject to ratification by the Union.
The parties agree and attest that this represeMs the fufl and complete understanding of the
parties for the period of time herein specified by the signature of the follawing
representatives for the Employer and the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT
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OPERATIVE PLASTERERS AND CEMENT
MASONSINTERNATIONAL
ASSOCIATION LOCAL NO. 265
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Business Manager
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APPENDIX A
The ciasses ot positions recognized by the Employer as being exclusively represented by �
the Union are as foflows:
Piasterer
Lead Plasterer
Apprentice - Plasterer
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
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APPENDIX B
• All necessary hand toois.
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APPENDIX C
C-i The total hourly cost to the Employer for wages plus any and all contributions or •
deductions stated in Appendix D oi this Agreement shatl not exceed the ioNowing
amounts;
Effective
5-27-95
Piasterer
$27.39
Effective
6-8-96
$28.39
C-2 The total taxable hourly rate including wages and the vacation contribution in
Appe�dix D and excluding all other benefit costs and obligations in Appendix D,
for regufar and probationary empfoyees appointed to the following c(asses of
positions shall be as follows:
Effective
5-27-95
Plasterer
$19.91
Effective
6-8-96
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C-2A The basic hourly wage rates in this Appendix (C-2A) are for
cgmoensation analysis purQoses oniy. These figures represent the
portion of the Appendix C-1 rates ahove specificalty allocated to
wages. These rates do N O T include taxable contribe+tions and
therefore shouid NOT be used for taxabte payroll calculations. See
Appendix C-2 above for total taxabie payroll information.
Effective
5-27-95
Effective
6-8-96
Plasterer $16.71 `
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APPENDIX C (continued)
• C- 3 The total taxable hourly rate including wages and the vacaiion contribution in
Appendix D for temporary employees appointed to the following classes of
positions shall be:
Effective Effective
5-27-95 6-8-96
Plasterer $20.8o
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the hourly
rate of pay shall be the rate shown in this Appendix C3 for such titie divided by
1 .0446.
NOTES FOR APPEtVD10ES C-2. C-2A AND C-3•
* The June S, 1995 hourly rates in Appendices C-2, G-2A and C-3 shall be
• determined at a later date based on the alfocation agreed to by the
Empioyer and the Union of the June 8, 1995 total houriy cost stated in
Appendix C-1.
C- 4 The basic hourly wage rates for the Apprentice class of positions:
This Section is held open for the addition of appropriate Apprentice rates in the
event the Employer initiates the employment of Apprentices.
IS the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, Section C-1.
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APPENDIX D
Effective May 27, 1995, the Emptoyer shall forward the amounts designated in this •
Appe�dix D for employees covered by this Agreement to depositories as directed by the
Union and agreed to by the Employer: �
( 7) $3.20 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacation Fund.
( 2) $2,55 per hour for a!I hours worked to a Union-designated Health and
Welfare Fund.
( 3) $4.00 per hour for afl hours worked to a Union-designated Pension Fund.
( 4) $.04 per hour for all hours worked to a Union-designated Aoorenticeshi�
Fund.
The Employer shall make IegaUy established non-negotiated pension
contributions to PERA � 4.48% of the applicable hourly rates noted in
Appendix C.
All contributions made in accordance with this Appendix D shall be deducted from aad are
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shafl be •
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Empioyer shall establish Workers` Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Empioyees covered by this Agreement shall not be eligible for, governed by or
accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe
benefits that are or may be established by Personnel Rules Council Ordinance or Councii
Resolutions.
The Emp�oyer's fringe benefit obligation to empioyees 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
Empioyer has forwarded contributions and/or deductions.
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