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97-1388J���iD l�rA,u.S Council File # � —/�$F Green Sheet # 40120 SAI Presented b} Referred To 1 � ft3 Committee Date /D RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1997 - Apri1 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electricai Workers, Loca1110. Requested by Department of: Bostrom Collins Harris Megard Morton Office of Labor Relations ✓ � c� t Adopted by Council: Date �,�,� �� \q�T'4 � Adoption Cer6fied by Council Secretazy By: ��.�, �l _ � Approved by Mayo ` Date i ti- � 8/� By: � _ L�� L, MINNESOTA By: ���/ Form Apgr�by Ci mey By: �... -.� ��,;. _.�� i � /i � � ` DEPAR7'MENT/OFFICE/COUNCIL � LABOR RELATIONS CONTACT PERSON & PHONE: JiILIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA BY (DATE) TOTAL#OFSIGNATURE DATE INITIATED I GREEN SHEET October 27, 1997 INITIAL/DATE No.: 40120 97 - /�3F�8 INITIAI✓DA1'E ASSIGN I DEPARTMENT DIR, 1L 4 CITY CAUNCIL N[7MBER 2 CTI'Y ATI'ORNEY CITY CLERK FOR Bi3DGE'f DTR. FiN..@ MGS. SERVECE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCAT[ONS FQR acnoN �QUES�n: This resolution approves the attached May 1, 1997 - April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110. ILECOM&SENDATTONS: Approve {A) or Reject (R) PLA73NINGCOMMISSSON _CiVILSEAVICE COMbIISSION _CIB COMA9TfEE STAFF DISTRICT COUR'C SUPPORTSWFIICIiCAUNCILOBlECTIVB? ' PERSONAL SERVICE CANTRACfS MUST AI3SWER THE FOLLOWING QUES710NS: 1. Has ihis persov/firm ever worked under a conVaM for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personffilm possess a skill not nomially possessed by any cunent ciry Yes No Explain all yes answers on separate sheet and attach to gree� sheet INITIATING PROBLEM, ISSLfE, OPPORTUNI7'Y (Who, What, W6en, Where, Why): nnvaivrncES iF nrrxov�n: An Agreement in place through April 30, 1949. DISADVANTAGES IF APPROVED: ; tE�gtl��i. �OV 07 199i DISADVAN7'AGES IF NOT APPROVED: TOTAL AMODNT OF TRANSACTION: FONDING SO[IlLCE: FINANCIAL INFOR'�ZATION: (EXPLAIIh COST/REVENUE BUDGETED: ACC[YITY NUMBER: r'_..�..ti..>. . � IYO V 1 U --�-� 97-/.�$� Attachment to Green Sheet City of Saint Paul and the International Brotherhood of Electrical Workers, Locai 110 Contract 1. Article 12 - Wages and Fringe Benefits (vacation for participating employees) New - add to 12.4 - Participating employees shall use all vacation that they have eatned and are eligible for as outlined in the Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve Trust Plan Documents. 2. Article 12 - Wages and F'ringe Benefits (sick leave provision for city benefitted employees) New Effective May 1, 1997, the remauung City Benefitted electricians will be charged with the actual average number of sick leave hours used, or 48, whichever is less. 3. Article 13 Temporary Assignments - revised 13.4 If the General Lead Electrician has scheduled time off of four (4) days or more, a temporary will be assigned on the first day of the scheduled time off uniess the General Lead Electrician is absent due to local seminars or other city business and is available by phone. No temporary assignment is necessary if the General Lead Electrician is absent for tkuee (3) days or less due to iilness or scheduled time off. 13.5 The Lead Electrician will be replaced on the first (ist) day of an absence by a temporary Lead Electrician. 4. New - Article 31 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State of Minnesota as Master of Record for the empioyer's use. Appendix A- new title, General L,ead Electrician in Charge 6. Duration - Two years 7. Wages - Prevailing Rate F: �LABREL\CONIRACT�ELECTRICU 997-98�.STTACH97 _. j . �Art. y i " _� ._ ;- .. 9 �� f�38� `.; � - May i, 1997 "thru Aprs`13t1; 1999 -' _ - __,... --: .._. a.� ; ; - _. � - _ - - __ F . � _ � - : � _ � � :"; . -:_ �.� � - - - - ' � �f,�l��iTEI��C� LABf�R A�R�EM�I��'F = _ � _ -- , _. _ 4 �. _� ... � � _ s - .r t ; '. . a -:� 5 ' _ � . '- ,� ., C . , l . �' - �B�WCC� ` _ _ ; � � ,. � 4 , ;_ � , =, - h � - - - Y\ ' ��' �� V�'�J.�t) .: ���, �Y: `.': ti� " ^ .j . > �_.._. . '_�/i �_. � _ � � � 1_ / • ARTICLE TITLE PAGE Preamble ....................................... iii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Ptulosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Overtime ........................................5 10 Callback ........................................b 11 Work L,ocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Wages and Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Selection of I.eads, General L,ead and General L,ead in Charge ...... 9 14 Insurance . .. .. ..... .... .. .... ... .. .... .... ... . ... 9 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Absences from Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Tools ..........................................15 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Right of Subconuact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Non-Discrimination ................................ 18 25 Severabiliry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Waiver .........................................19 27 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Materniry Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30 LegalService .....................................22 31 Master of Record Requirement . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 , i p � C� Y INDEX (Continued) Appendix A Appendix B Appendix C Append'vc D Appendis E Appendix F .............................................. Ai ............................................... 1 ...............................................Ci .............................................. Di ...............................................E1 ...............................................F1 , ii 9 i ���GS� � '� :u�: This AGREEMENT is entered into between the City of Saint Paul, hereinafter refened to as the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the LTNION. The EMPLOYBR and the UNION concur that this AGItEEMENT has as its objective the promotion of the responsibilities of the Ciry of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOXER and the UNION both realize that ihis goal depends not only on the words in • the AGREEMENT but rather primarily on attitudes between people at ali levels of responsibiliry. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees wiil best serve the needs of the general pubiic. / iii 4 7-! 3�8 � ARTICLE 1 - PURPOSE 1.1 The EMPLOYER and the LTNION agree that We purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest level of employee performance that is cansistent 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 agreed upon by the EMPLOYER and the LINION; 1.1(3) Establish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this AGREEMENT without loss of productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement 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 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, provisional, temporary, and emergency, employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-477-A, dated April 16, 1973. 2.2 The classes of positions recognized as being exciusively represented by the UNION are as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains ihe right to operate and manage ali personnel, facilities, and equipment; to estab]ish functions and programs; to set and amend budgets; to determine the uti]ization of technology; to esiablish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pexform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not estabiished by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish foliowing written ' notification to the UNION. ARTICLE 4 - UIVION 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 de@ucced shall be remitted as directed by the UNION. 4.1(i) The EMPLOYER shall not deduct dues from the wages of empioyees covered by this AGREEMENT for any other iabar arganization. 4.1(2) The UNION shail indemnify and save harmless ttie EMPLOYER from any and all claims or charges made against the EMPLOYER as a resuit of the implementation of this ARTICLE. 4.2 The UNION may designate one (1} employee from the bazgaining unit in each deparunent to act as a Steward and shall inform t6e EMPLOYER in wriung of such designation. Such employee shall have the rights and responsibilities as designated in Anicle 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where empioyees covered by this AGREEMENT are wotking. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179A.09, Subd. 19 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired foIlowing sepazation, in a regular empioyment status shall serve a six (6} month probauonary period during which time the empIoyee's fitness and ability to perform the class of positions' duties and responsibilities shall 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 (G12IEVANCE PROCEDURE). � �� � 2 9 �-! 38� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An employee terminated during the probaaonary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the L3NION. b.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 perform the class of positions' duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previousiy heid class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVAI3CE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the employee's previously heid class of positions and shall receive a written notice of the reasons for demotions, a copy of which shall be sent to the ITNION. 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 shail be a"cash" houriy 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 A.rticie i2 (WAGES AND FEtINGE BENEFITS). 7.3 No other compensation or fringe benefit shatl be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. / ARTICLE 8- HOURS OF WORK 8.I The normal work day sha11 be eight (S} consecutive hours per day, excIuding a thirty � (30} minute unpaid lunch period. 8.2 The normaI work week shall be five {5) consecutive normal work days in any seven (7) day period. 8.3 Shifts other than the reguiaz daytime shift Monday through Friday may be established. Such shiHs must be maintained for a period of at Ieast one (i) work week. The second shift sha11 be a regularly scheduled shift which foIlows a regularly scheduled fust shift of five (5} hours or greater. The third shift shall be a regularly scheduled shift which folIows a regularly scheduted second shift of five (5} hours or greater. 8.4 For empioyees on a shift basis, this shail be construed to mean an average of forry (40) hours a week. S.5 This section shall not be construed as, and is not a guarantee of, any hours of work per normaI work day or per normaI work week. 8.6 An employee normaliy working on a particular shift may be transfened from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, an empIoyee may be assigned to another shift to fiil such vacancy upon 24 � hours notice. 8.7 AII empioyees shall be at the work location designated by their supervisor, ready for work, at the established stazting time, and shail remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.8 AII empIoyees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.9 Employees reporting for work at the established starting time, and for whom no work is available, shaIl receive pay for two (2) hours at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work day. 8.10 The empIoyer shall be required to give no less than six and one-half (6.5) hours notice, when an employee is to be laid off. - � 97-�3 �8 � ARTICLE 9 - OVERTIME 9.1 All overtune compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, structural radio or television towers and bridges over water requiring employees with special talents in climbing or working at unusual heights away from solid, guarded platforms, scaffolds or permanent, enclosed ladders. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work � performed under the following circumstances: 9.3(1) Time worked on a seventh (7th) day following a normal work week; and 9.3(2) Time worked in excess of twelve (12) consecutive hours in a twenry-four (24) hour period, provided, that all "emergency"' work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5}. 9.4 For the purposes of calculating overtime compensation, overtune hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPIAYER. � 5 ARTICLE 10 - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an emplopee has started a normal work day or normal work week and after an employee has complete@ a normal work day or normai work week. 10.2 Empiopees called back shaIl receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a ca1I-back sha11 be compensated in accordance with ArticIe 9(OVERTIME), when applicable, and subject to minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hovrs worked in accordance with Article 9(OVERTIME). ARTICLE 11 - WORK LOCATION � 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day empioyees may be assigned to other work locations at the discretion of the EMPLOYER. � 11.2 Empioyees assigned to work locations during the normal work day, other than their original assignment, and who aze required to furnish their own transportation shall be compensated for mileage. ARTICLE 12 - WAGES AND FRINGE BENEFTTS 12.I The basic hourly wage rates as estabiished by Appendix C shall be paid for aIl hours worked by an employee. 22.2 Employees who aze covered by the fringe benefits listed below shali continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have houriy fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS). 12.2(1) Insurance benefits as established by the City of Saint Paul. The hourly rate of Ciry Benefitted employees shall be reduced by the actuat hourly cost of active healrh insurance and a prefunded flat rate of $1.75 per hour for retiree health insurance. The wages in Appendix C reflect these deductions. � � 97-13�� � ARTICLE 12 - WAGES AND FRINGE BENEFTTS (Continued) 12.2(2) Sick Leave as established by Resolution No. 3250, Section 20. Effective May 1, 1997, the remaining City Benefitted electricians shall be charged with the actual average number of sick leave hours used, or 48 hours, whichever is less, in the wage calculation. The wages in Appendix C reflectthis charge. 12.2(3) In each calendar year, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Less than 5 years After 5 years thru 15 years After 15 years and thereafter Vacation Granted 15 days 20 days 25 days These hours shall be included in the wage calculation to determine the rates for City Benefitted elecuicians. � Employees who work less than full-time shall be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Snbdivision H. 12.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensatian, Section 1, Subdivision I. These hours shall be charged in the wage calculation to deternune the rates for City Benefitted electricians. 12.2(5) Severance benefits as estabfished by Ordanance No. 11490 with a maximum payment of $4,000 or as established by Article 29 of this Agreement. LJ 12.3 Regular employees covered by the Fringe Beneffts in 12.2 shall have the right to transfer from this coverage. Employees requesting such iransfer shall be considered participating employees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe bene�t conuibutions and/or deducrions made on their behalf as provided for by Article i2.7. Participating employees shall use al1 vacation that they have earned and are eligible for as oudined in tt�e Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve Trust Plan Documents. 7 ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) . 12.5 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall he compensated in accordance with Article 12.1 (WAGFS} and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 12.7. 12.6 All regvlar employees employed in a title in this bazgaining unit after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article I2.I (WAGES) and have fringe benefit contributions and/or deductions made on ffieir behalf as provided for by Article 12.7. Employees who gromote, transfer or reduce to any title in this bargaining unit from any tifle which is not in this bazgaining unit shait not be alIowed to use any accumulated sick leave credits while tfiey aze in such titIe. If the employee promotes, transfers or reduces to any tifle which is not in this bargaining unit and if sick leave is allowed under the new tifle, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shall be reinstated. 12.7 The EMPLOYER sha11 make contributions on behalf of and/or make deducdons from the wages of employees covered by fhis AGREEMENT itn accordance with Appendix D � for a11 hours worked. 12.8 For employees who have elected to become, as of January 26, 1991, participating employees as defined in Artic2e 12.6 of this Agreement, the Employer wili make the Aealth and Welfaze contributaon in accordance with item (1) of Appendix "A" of this Agreement. Such contribution shall be made for hours worked as of December 29, 1990. No other contributions listed in Appendix "D" shall be made for such employees for any hours worked prior to January 26, 1991. 3uch empioyees shal2 not be eligibie for City Healffi and Life insurance after Febr�ary 28, 1991. 12.9 Accumuiated sick leave credit balances as of Ianuary 25, 1991, for employees covered by Article 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may only be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Article 12.8 above shall discornin¢e earning sick leave and vacation and shaII not be eligibie for City paid holidays as of 7anuary 26, 2991. Such employees shall be paid the base rate of pay as shown in item 2 of Append'uc "C" of tIus Agreement effective January 26, 1991. � E:3 9 � t 3�� � ARTICLE 13 - SELECTION OF LEADS, GENERAL LEADS AND GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General Lead Elecuician and General Lead Electric3an In Charge shall remain solely with the Bmployer. 13.2 The class of positions, I.ead Electrician, Genera] Lead Electrician and General Lead Elecuician In Charge, shall be filled by employees of the bargaining unit on a "temporary assignment." n 13.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. Temporar�� Assignments 13.4 If the Generai Lead Electrician has scheduled time off of four (4) days or more, a temporary will be assSgned on the first day ofthe scheduled time off unless ihe General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignmeni is necessary if the Genera] Lead Electrician is absent for three (3) days or less due to illness or scheduled time off. 13.5 The Lead Electrician wil] be replaced on the first (lst) day of an absance by a temporary Lead Electrician. ARTICLE 14 - INSURANCE Active Empioyees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will conuibute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Employer will provide $5,000 of term life insurance for each employee. , 9 ARTICLE 14 - INSURANCE (Continued) Retiree Health Benefits 14.2 Employees who retire must meet the foilowing conditions in order to be eligibie for the Employer contribution for retiree health benefts: 14.2(i} Be receiving benefits from a public employee rerirement act covering employees of the Ciry of Saint Paul at the time of retiremenc, and 14.2(2) Have severed hisiher reladonship with the Ciry of Saint Paul under one of the retiree plans, and 14.2(3) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than an invoiuntary termination for misconduct. � Early Refirees (under age 6S� 14.3 For those employees who retire before age 65 and are etigibie for early retiree benefits under the terms set forth in Article 14.2 above and untit such retirees reach s'ucry-five (65} years of age, the Employer shali continue to make the same concribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Empioyer wiIl conuibute 100% of the premium cost for single coverage. For earl}� retirees selecting dependent coverage, the Employer wili contribute 50% of the premium cost for dependent coverage. s The Employer wili also continue life insurance beneffts for eligible earty retirees in the same amount as provided to them as active employees. Life insurance benefits terminated at age 65. When such early retiree attains age 65,the provisions of Article 14.4 shali apply. Regular Retirees (age 65 and older) 14.4 Empioyees who retire at or after the age of sixry-five (65) must meet the conditions set forth in Article 14.2. i4.4 (i} For such employees who retire after December 31, 1995, the Employer agrees to contribute a mazcimum of $550.00 per monch toward the premium for singie or dependent health utsurance coverage offered to regular retirees and their dependents. Any unused portion of the Empioyer's conuiburion shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Ar[icle 14.2. io � q �-J3�� • ARTICLE 14 - INSURANCE (Continued) Survivor Bene�its 14.5 In the event of the death of an early retiree or a regulaz retiree, the dependent of the retiree shali have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remaniage of the surviving spouse of the deceased employee or retiree. 1A.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a gzoup program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. • 14.6 The contributions indicated in Articie 14 shall be paid to the Employer's third party administrator or designated represeniative. , 11 ARTICLE 15 - HOLIDAYS 15.1 The folIowing ten (IO) days shall be designated as holidays: � New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents` Day, third Monday in February Memorial Day, last Monday in May Independence Day,July 4 Labor Day, fusi Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day aRer Thanksgiving, fourth Friday in 1Vovember Christmas Day, December 25 I5.2 When New Year's Day, Independence Day or Christmas Day fatls on a Sunday, the fol]owing Monday shall be considered the designated holiday. When any of ffiese three (3) hoiidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The ten (10) holidays shall be considered non-work days. � I5.4 If, in the judgment of the EMPLOYER, personneI are necessary for operating or emergency reasons, employees may be scheduled or "caIled back" in accordance with Article 10 (CALL BACK). I5.5 Participating employees, as defined in Articles I23, 12.4, 12.5 and 12.6, assigned to work on Martin Luther King Day, President's Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in ArticIes 12.3, 12.4, 12.5 and i2.6, 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 aII hours worked. 15.7 If an employee other than a Participating Employee is required to work on a designated holiday, he/she shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked. 15.8 Columbus Day and the day before Christmas Day shall be considered work days. AlI employees working on these days shall be compensated on a straight time basis. 12 � q7-i 38� ARTICLE 16 - DISCIP'LINARY PROCEDURES • 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shaIl include only the following actions: 16.2(i) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No agpeal of a suspension, demotion, or discharge sha11 be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEAURE). � ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unabie to report for their normai 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 wark day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 173 Failure to report for work without notification for thtee (3) consecutive normal work days may be considered a"quit" by the EMPLOYER on the part of the employee. ARTICLE 18 - SENIORITY 18.1 Seniarity, for the purgoses of this AGREEMENT, shall be defined as follows: 18.1(i) "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and a21 ciass titles covered by this AGREEMENT. , 13 ARTICLE 18 - SEI�IORTTY (Continued) � 18.1(2) "Class Seniority" - the Iengtti of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a ctass titIe covered by this AGRE$MENT. 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 full time position with the iTNION. 18.3 Seniority sha21 terminate when an emp}oyee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees wi12 be laid off by class ritie wittun each Department based on inverse length of "Ciass Seniority." Recall from layoff shalI be inverse order of layoff, except that recail rights shall expire after two years of Iayoff. I8.5 The selection of vacauon periods shaIl be made by cIass title based on Iength of °Class Seniority," subject to t6e approval of the EMPLOYER. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recogni2ed as an appropriaTe subject for determination by ihe various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involve@. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the EMPLQYER sha21 meet as soon as mutuaIly possible to resolve the dispute. Nothing in the foregoing shalt restrict the right of the EMPLQYER to accompiish the work as originatty assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections I9.2 and 19.3 above shall be subject to discipIinary action as provided in Articie 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. I4 � - q7-138� � ARTICLE 20 - SEPARATION AND RETIREMENT 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1(i) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Retirement. All employees shall retire from employment with ihe EMPLOYER no later than the last calendar day of the month in which an employee becomes sevenry years old. 20.1(3) Discharge. As provided in Article 16. 20.1(4) Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporary, or provisiona3 employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. • ARTICLE 21 - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as 1isYed in Appendix E, ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYBR shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The CTNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the i3NION that the processing of grievances as hereinafter grovided 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 responsibiliries. The Steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and ibe empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such ahsence wou]d not be detrimental to the work programs of the EMPLOYBR. / 15 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.3 The procedure established by ihis ARTICLE sha11 be the sole and exclusive procedure, • except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances sfiall6e resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violauon of this AGREEMENT, the emp2oyee involved shall attempt to resolve Lhe matter on an informal basis with the employee's supervisor. If the matter is not resotved to the empioyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UDIION. The written grievance shall set forth the nature of ihe grievance, tiie facts on which it is based, the aileged sections(s} of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) caiendar days of the first occunence of the event giving rise io the grievance or within the use of reasonable diligence should have had knowledge of the first occunence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7} calendar days after receiving the written grievance a • designated EMPLOYER supervisor shail meet with the iJNION Steward and attempt to resoIve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the EMPLOYER shal] reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in wtiting to Siep 3 within seven (7) calendar days following receipt of ihe EMPLOYER's written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMFLOYER'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 shaii meet with the UIVION Business Manager or his designated representative and attempt to resolve the gtievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the tJNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the U2�1ION may refer tiie grievance to Step 4. Any grievance not refened to in writing by the LTNION to Step 4 within seven (7} calendar days following receipt of the EMYLOYER'S answer shall be considered waived. 16 - 97-1388 � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days aftet the response of the EMPLOYER in Step 3, by written notice to ihe EMPLOYER, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the LTNION within seven (7} calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The I3nion shail strike the first (lst) name; the EMPLOYER shall then sttike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, 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 UTVION 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 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 arbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the arbitrator shall be finai and binding on the EMPLOYER, the UNION, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the LTNION, provided that each party shall be responsable for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that ]eads to the arbitrators making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it gays 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. r 17 ARTICLE 23 - RIGIiT 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 such conuacting 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. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made oniy to employers 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 empioyees equally without regard to, or discrimination for or against, any individual because of race, coior, creed, sex, age, disability 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 conirary to law by proper legislative, administrative, or judicial auihority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shalI continue in full force and effect. 25.2 The panies agree to, upon written nodce, enter into negotiations to place the voided provisions of the AGREEMENT in campliance with the legislative, administrative, or judicial determination. � - 97-13�'8 � ARTICLE 26 - WAIVER 26.1 The EMPLOYER and the LtNION acknowledge that during the meeting and negotiating which zesulted in this AGREEMENT, each had the right and opportuniry to make groposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of tius right are fully and completely set forth in this AGREEMENT. 26,2 Therefore, the EMPLOYER and the IT2vI0N for the duration of this AGREEMENT agree that the other parry 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. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE 2? - CITY NIILEAGE • 27.1 Automobile 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 are adopted. 27.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization from the Department 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 empioyee's vehicle is actually used in performing the duties of the 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. , 14 ARTICLE 27 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reixnbursed at the rate of $4.00 per day for each day af work. 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 department head or designated representative determines that an employer vehic2e is availabie for the emptoyee's use but the emplayee desires to use his/her own automobile, then the empioyee shall be reimbursed at the rate of $.20 per mile driven and shatl not be eligibte for any per diem. This Anicle 27.2 shall become effective on the first day of the fust month following the date of the signing of this Agreement. 27.3 The Ciry will provide parking at the Civic Center Parking Ramp for City empioyees on either of the above mentioned types of reimbursement plans who aze required to have their persona] car available for City business. Such parking wilI be provided only for the days the employee is required to have his/her own personal caz avaiIable. � 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the . procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daity reports indicating mites driven and shail file monthly a�davits stating the number of days worked and the number of iniles driven, and further require that they maintain automobile liabitiry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or liabitity insurance in amounu not less than $300,000 single limit coverage, with the City of Saint Pau1 named as an additional insuted. These rules and regulations, together with the aznendmem thereto, shall be maintained on file with the city clerk. ARTICLE 28 - MATEItNITY LEAVE 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. Tn the event of an employee's pregnancy, the employee may apply for leave without pay at any tune during the period stated above and the employer may approve such Ieave at its option, and such ]eave may be no longer tfian one {1) year. - I.j/] �j�-!3�'�' � ARTICLE 29 - SEVERANCE PAY 29.1 The empioyer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay program, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retiremenz Association (PERA) or under the provisions of another public pension plan to which the City of St. Paut contributes. The "rule of 90" criteria shall also apgly to employees covered by a public pension plan other than PERA. 29.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 29.2(3) 1`he employee must have at least ten (10) years of consecutive service under • the classified or unclassified Civil 3ervice at the time of separation. Por the purpose of this Article, employment in either the City or in the Independent 3chool District No. 625 may be used in meeiing this ten (10) year service requirement. 29.2(4) The employee must file a waiver of reemployment with the Personnei Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 29.2(5) The employee must have accumulated a minunum of sixty (60) days of sick leave credits at the time of his/her separation from service. 29.3 If an employee requests severance pay and if the employee meets the eligibilaty requirements set forth above, he/she will be granted severance pay in an amount equal to one-haTf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 29.4 The maxunum amount of money that any employee may obtain through the severance pay program is $10,000. , 21 ARTICLE 29 - SEVERANCE PAY (Continued) 24.5 For the purpose of this severance program, a death of an emp2oyee sha11 be considered � as separation of employment, and if the employee would have met a11 of the requiremenis sei forth above, at the tirne of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 29.6 For ihe purpose of this severance program, a transfer from the City of Saint Paul employmeat to Independent Schoal I?istrict No. 625 emp2oyment is not considered a segaration of emplayment, and such transferee shall not be eligible for the Ciry severance program. 29.7 The manner of payment of such severance pay shall be made in accordance with the provisions of Ciry Ordinance No. I1490. 29.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this articIe conflict with said ordinance and in such cases, the provisions of this article shali controi. 29.9 The provisions of this article shall be effective as of May 1, 1987. 29.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting • the quaiifications of tivs articIe or City Ordinance No. 11490, as amended by Ciry Ordinance No. I6303, section 1, secuon 6, draw severance pay. However, an eIection by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. ARTICLE 30 - LEGAL SERVICES 3Q.1 Except in cases of malfeasance in o�ce or willful or wanton neglect of duty, empioyer sha11 defend save harmless and indemnify employee against tort claim or demand whether groundless or orherwise arising oat of alleged acts or omission occuning in the performance or scope of the employee's duries. 30.2 Notwithstanding Article 30.2, the Employer shall not be responsible for paying any legal service fee or for providing any legai service arising from any iegal action where the empioyee is the Piaintiff. 22 - y�-�3�� • ARTICLE 31 - MASTER OF RECORD REQUIREMENT 31.1 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State af Minnesota as Master of Record for the employer's use. ARTICLE 32 - DURATION AND PLEDGE 32.1 This agreement shall become effective as of May 1, 1997 and shall remain in effect through the 30th day of April, 1999, and continue in effect from year to year therea8er unless notice to change or to terminate is given in the manner provided in Article 32.2 of this Agreement. 32.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shail give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the exp'�ration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. � 32,3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDi3RE herein established is the means by which grievances conceming its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the AGREEMENT: 32.3(i) The UNION and the employees will not engage in, instigate, or condone any concerted action in whi�h empioyees fail to report for duty, wiilfully 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 empioyment. 32.3(2) The BMPLOYER will not engage in, instigate, or condone any lock-out of employees. / 23 9�-i3�8 � ARTICLE 32 - DURATION AND PLEDGE (Continued) 32.3(3) Tfiis constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to ttie approval of the Adminisuation of the City and is also subject to ratification by the UNFON. • , AGREED and attested to as [he full and compiete understanding of the parties for the period of time herein specified by the signature of the foliowing representative from the EMPLOYER and the UI�TION. WITNESSES: CITY OF SAINT PAUL Mary . Kearney S Director of Labor Relations j1-3-- 2 Date • - ��i� .. , INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 110 3ames R. Wagner Business Manager Frank Gumey President, I,ocal 110 �a�� _� Richard J. y lli Business Representative ia � a3-�� Date 24 e1?-J3�'8 APPENDIX A � The classes of positions recognized as being exclusively represented by the ITNION are as follows: General Lead Electrician In-Charge General L.ead Ele�trician Lead Electrician Elecuician Lighting Maintenance Worker Apprentice Electrician Senior ElectricalInspector ElectricalInspector and other classes of gositions that may be established by the EMPLOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the UNION. � / -Al- q�-1388 APPENDIX B � For all normai work weeks estabiished pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shall apply and govem: All regulaz electricians employed prior to January i, 1976 shall be offered assignment to the work week on a senioriry basis, and all such employees shall have the right to refuse assignment to the workweek. This refusal is subject to the provisions listed below. 2. All regulaz electricians employed subsequent to 7anuary 1, 1976 may be assigned to vacancies in this work week. All regular elecuicians shail have the right to bid on and obtain assignment of a posiuon occupied by an electrician with lesser class senioriry within 30 calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other ]eave acceptable to both parties. These temporary assignments shal] be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis � for more than 15 work days or the total temporary assignment to exceed 90 work days. , � 47-! 3 88 � • � APPENDIX C 1. The basic hourly wage rates for temporary employees appointed to the following classes of positions shall be the following: Elecuician Lead Electrician Electrical Inspector General I.ead Electrician Senior Electrical Inspector General Lead Elecuician In-Chazge Apprentice Electrician lst 950 hours . . . . . . . . . . . 2nd 950 hours . . . . . . . . . . . 3rd 950 hours . . . . . . . . . . . 4th 950 hours . . . . . . . . , . . Sth 950 hours . . . . . . . . . . . 6th 95d hours . . . . . . . . . . . 7th 950 hours . . . . . . . . . . . 8th 950 hours . . . . . . . . . . . Effective !OS 24197 $25.69* $27.89* $27.89* $28.99* $28.94* $30.09* 48% of Electrician Rate 48 % of Electrician Rate 55 % of Electrician Rate 60% of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Biectrician Rate 85% of Electrician Rate * This rate inciudes a 10% Vacation Contribution. Note: There is an additionai taxable fringe contribution listed in Appendix D. -C1- � �J , R7-f�g8 APPENDIX C (Continued) 2. The basic hourly wage rates for provisional, probationary and regular employees appointed to the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (Union benefits) shail be the following: Blectrician Lead Elecuician ElectricalInspector General Lead Electrician Senior ElectricalInspector General I,ead Electrician In-Charge Apprentice Electrician lst 450 hours . . . . . . . . . . . 2nd 95Q hours . . . . . . . . . . . 3rd 950 hours . . . . . . . . . . . 4th 950 hours . . . . . . . . . . . Sth 950 hours . . . . . . . . . . . 6th 950 hours . . . . . . . . . . . 7th 950 hours . . . . . . . . . . . 8th 950 hours . . . . . . . . . . . Effective Effective 04/26/97 OUO I (or closest payroli period) $24.58�` $24.42* $26.69* $26.51* $26.69�` $26.51* $27.74* $27.56* $27.74* $27.56* $28.79* $28.60* 48 % of Electrician Rate 48% of Electrician Rate 55% of Biectrician Rate 60 % of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Electrician Rate 85 % of Electrician Rate * This rate inciudes a 10% Vacation Contribution Note: There is an additional taxable fringe contribution listed in Appendix D. 3. The basic hourly wage rates for regular employees appointed to the foliowing classes of positions and who are covered by the provisions of Article 12.2 of this Agreement �Ciry benefits) shall be the following: Electrician Lead Electrician ElecuicalInspector Generai I.ead Elecuician Senior ElectricalInspector General I,ead Electrician In-Chazge Effective Effective 04/26/47 10 f01/48 {or closest payroll period} $24.15 $24.11 $25.97 $25.92 $25.97 $25.92 $26.88 $26.82 $26.88 $26.82 $27.79 $27.73 -C2- 9?-� 13 8s APPENDIX C (Continued) • Apprentice Electrician (Hired prior to March 16, 19"74 - 85 % of Electrician Rate) 4. The basic hourly rate for those holding the tifle Tra�c Lighting Maintenance Worker, who receive no benefits, shall be: Effective 5-27- 5 $ 7.54 The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for empioyers and employees. The rates listed effective Ianuary 1, 1998 reflect this change. Effective Apri125, 1998, there will be an additional $1.37 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.37 between wages and fringes. Employees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours � of b p.m. and 6 a.m., shall be paid a night differential for the entire shift. Empioyees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., but who work less than �ve hours between the hours of 6 p.m. and 6 a.m., shali be paid a night differential for oniy those hours actually worked between the hours of 6 p.m. and 6 a.m. The night differential shali be 5% of the base rates, and shall be paid only for those night shifts actualiy worked. The total cost to the Employer, (including wages, fringes, and pension contributions) for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Associauon (NECA). The total package cost shali exclude any payments for industry promotion andlor advertisement, or any other purpose not directly and clearly beneficial to the public employer. In the event L,ocai 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be unmediately applicable to the total compensation paid to employees covered � by this Agreement. -C3- 9�-��gg � � / ►��� .���i��►i�, Effective Aprii 26, 1997, the EMPLOYER shaii: (1) Contribute to a Union designated Health and Welfaze Fund $2.52 per hour for ail hours worked by participating employees as defined by this Agreement. (2) Contribute to a Union designated Pension Fund $1.24 per hour for all hours worked by participating employees as defined by ttus Agreement. �or apprentices who started working as an apprentice on or after May 1, 1984, this pension contribution shall be $.29 per hour for the fust 1900 hours of apprentice work, $31 per hour for 1901-3800 hours, $.3b per hour for 3801-5700 hours and $1.24 thereafter. (3) Contribute to a Union designated Appren6ceshig Fund $.22 per hour for ail hours worked by participating employees as defined by this Agreement. (4) Contribute to a Union designated Reserve Trust Fund $1.01 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this reserve trust conuibution shall be limited to $31 per hour for the first 190� hours of apprentice work. $.33 per hour for 1901-3800 hours, $.38 per hour for 3801-5700 hours and $1.01 thereafter. (5) Conuibute to the Union's designated National Employees Ben�t Fund (N.E.B.F.) 3% of the gross wages earned by ail participating employees covered by this Agreement. (6) Contribute to a Union designated Vacation and Holiday Fund 10% oF all wage5 earned by participating employees covered by this Agreement. This conuibution is subject to all payroll deductions. For apprentices who started working as an apprentice on or after May 1, 1984, this regular Vacation and Holiday Fund contribution shall be based on hours worked as an apprentice as shown below: 1ST 1900 1901 THRU 3800 5.5% 6.5% HOURS 3801 THRU 5700 5701 THRU 7600 7.5% 9.5% - D1 - 9 �-13 8S � � r APPENDIX D (Continued) (7) Contribute to a Union designated Suppiemental Pension Fund $1.30 per hour for ail hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this Supplemental Pension Fund contriburion shall be as follows: : ��� . .t HOUR5 3800-6650 hours $ .65 More than 6650 hours $1.30 (8) Contribute to a Union designated Flexible Benefft Fund $1.65 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May 1, 1984, this Flexible Benefit Fund hourly contribution shall be as foliows: HOURS lst 1900 Ol-3 3801-5700 $.29 $.32 $.35 5701-6650 Over 6650 $ .36 $1.65 (9) Conuibute to the Pub]ic Employees Retixement Association (PERA) the legally established non-negotiated pension contribution. This conYSibution shall be 4.48% of gross earnings and shall be adjusted as required by State I,aw. This conuibution shall increase to 5.18% effective January 1, 1998. The houriy rate of Ciry Benefitted and Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. -D2- 9�- ! 3S8 APPENDIX D (Continued) � The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as zequired by Minnesota Statutes. . , For the purpose of this Appendix D, "participating employees" shall be as defined as in Articles 12.3, 12.4 and 12.5 of this Agreement. Such employees sha11 not accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. Participating employees shall not be eligible for any benefits under, nor shall they be govemed by such Rules, Ord'anances, or Resolutions. The EMPLOYER'S fringe benefit obligation to participating emplayees covered by this AGREEMENT is limited solely to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the trustees of the various funds to which ihe EMPLOYER has forwarded contributions and/or deductions. If the IInion elects to have the contributions listed in this Appendix D increased or decreased, the Employer may adjust the applicabie rates in Appendix C of this Agxeement for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - D3 - 9��13�$ � APPENDIX E Pocket Tool Punch and Be2t 6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4 Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: 6/32 - 8J32 - 10i32 - 10i24 - 1/4 20 Tap Wrench File Rasp 12" '/z Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife L.ong Nose Piier Diagonal Cutting Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ball Peen Scratch Awl Drills - in accordance with Tap sizes 9/32 and 3!8 Fuse Pulier Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shall furnish all other necessary tools or eqnipment. Employees will be . held responsible for toois or equipment issued to them, providing the EMPLOYER furnishes the necessary lockers, "gang box" or other safe place for starage. The EMPLOYER shail replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. / The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall only contribute towazd the cost of one pair of shoes per contract year. This reimbursement of $30.00 shail be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 EMPLOYER contribution shali apply only to those employees who are required by the Employer to wear protective shoes or boots. - El - . , , 9�-�3 gg APPENDIX F � WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL Il�TSPECTORS As a result of the 1974 settlement, the Parties have established craft-deternuned rates for Senior ElectricalInspectors and for ElectricalInspectors, with ihe specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Ariicle 3- EMPLOYER RIGHTS - of the Mt1INTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional clauns or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. � ' - Fi - J���iD l�rA,u.S Council File # � —/�$F Green Sheet # 40120 SAI Presented b} Referred To 1 � ft3 Committee Date /D RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1997 - Apri1 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electricai Workers, Loca1110. Requested by Department of: Bostrom Collins Harris Megard Morton Office of Labor Relations ✓ � c� t Adopted by Council: Date �,�,� �� \q�T'4 � Adoption Cer6fied by Council Secretazy By: ��.�, �l _ � Approved by Mayo ` Date i ti- � 8/� By: � _ L�� L, MINNESOTA By: ���/ Form Apgr�by Ci mey By: �... -.� ��,;. _.�� i � /i � � ` DEPAR7'MENT/OFFICE/COUNCIL � LABOR RELATIONS CONTACT PERSON & PHONE: JiILIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA BY (DATE) TOTAL#OFSIGNATURE DATE INITIATED I GREEN SHEET October 27, 1997 INITIAL/DATE No.: 40120 97 - /�3F�8 INITIAI✓DA1'E ASSIGN I DEPARTMENT DIR, 1L 4 CITY CAUNCIL N[7MBER 2 CTI'Y ATI'ORNEY CITY CLERK FOR Bi3DGE'f DTR. FiN..@ MGS. SERVECE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCAT[ONS FQR acnoN �QUES�n: This resolution approves the attached May 1, 1997 - April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110. ILECOM&SENDATTONS: Approve {A) or Reject (R) PLA73NINGCOMMISSSON _CiVILSEAVICE COMbIISSION _CIB COMA9TfEE STAFF DISTRICT COUR'C SUPPORTSWFIICIiCAUNCILOBlECTIVB? ' PERSONAL SERVICE CANTRACfS MUST AI3SWER THE FOLLOWING QUES710NS: 1. Has ihis persov/firm ever worked under a conVaM for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personffilm possess a skill not nomially possessed by any cunent ciry Yes No Explain all yes answers on separate sheet and attach to gree� sheet INITIATING PROBLEM, ISSLfE, OPPORTUNI7'Y (Who, What, W6en, Where, Why): nnvaivrncES iF nrrxov�n: An Agreement in place through April 30, 1949. DISADVANTAGES IF APPROVED: ; tE�gtl��i. �OV 07 199i DISADVAN7'AGES IF NOT APPROVED: TOTAL AMODNT OF TRANSACTION: FONDING SO[IlLCE: FINANCIAL INFOR'�ZATION: (EXPLAIIh COST/REVENUE BUDGETED: ACC[YITY NUMBER: r'_..�..ti..>. . � IYO V 1 U --�-� 97-/.�$� Attachment to Green Sheet City of Saint Paul and the International Brotherhood of Electrical Workers, Locai 110 Contract 1. Article 12 - Wages and Fringe Benefits (vacation for participating employees) New - add to 12.4 - Participating employees shall use all vacation that they have eatned and are eligible for as outlined in the Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve Trust Plan Documents. 2. Article 12 - Wages and F'ringe Benefits (sick leave provision for city benefitted employees) New Effective May 1, 1997, the remauung City Benefitted electricians will be charged with the actual average number of sick leave hours used, or 48, whichever is less. 3. Article 13 Temporary Assignments - revised 13.4 If the General Lead Electrician has scheduled time off of four (4) days or more, a temporary will be assigned on the first day of the scheduled time off uniess the General Lead Electrician is absent due to local seminars or other city business and is available by phone. No temporary assignment is necessary if the General Lead Electrician is absent for tkuee (3) days or less due to iilness or scheduled time off. 13.5 The Lead Electrician will be replaced on the first (ist) day of an absence by a temporary Lead Electrician. 4. New - Article 31 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State of Minnesota as Master of Record for the empioyer's use. Appendix A- new title, General L,ead Electrician in Charge 6. Duration - Two years 7. Wages - Prevailing Rate F: �LABREL\CONIRACT�ELECTRICU 997-98�.STTACH97 _. j . �Art. y i " _� ._ ;- .. 9 �� f�38� `.; � - May i, 1997 "thru Aprs`13t1; 1999 -' _ - __,... --: .._. a.� ; ; - _. � - _ - - __ F . � _ � - : � _ � � :"; . -:_ �.� � - - - - ' � �f,�l��iTEI��C� LABf�R A�R�EM�I��'F = _ � _ -- , _. _ 4 �. _� ... � � _ s - .r t ; '. . a -:� 5 ' _ � . '- ,� ., C . , l . �' - �B�WCC� ` _ _ ; � � ,. � 4 , ;_ � , =, - h � - - - Y\ ' ��' �� V�'�J.�t) .: ���, �Y: `.': ti� " ^ .j . > �_.._. . '_�/i �_. � _ � � � 1_ / • ARTICLE TITLE PAGE Preamble ....................................... iii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Ptulosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Overtime ........................................5 10 Callback ........................................b 11 Work L,ocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Wages and Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Selection of I.eads, General L,ead and General L,ead in Charge ...... 9 14 Insurance . .. .. ..... .... .. .... ... .. .... .... ... . ... 9 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Absences from Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Tools ..........................................15 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Right of Subconuact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Non-Discrimination ................................ 18 25 Severabiliry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Waiver .........................................19 27 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Materniry Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30 LegalService .....................................22 31 Master of Record Requirement . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 , i p � C� Y INDEX (Continued) Appendix A Appendix B Appendix C Append'vc D Appendis E Appendix F .............................................. Ai ............................................... 1 ...............................................Ci .............................................. Di ...............................................E1 ...............................................F1 , ii 9 i ���GS� � '� :u�: This AGREEMENT is entered into between the City of Saint Paul, hereinafter refened to as the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the LTNION. The EMPLOYBR and the UNION concur that this AGItEEMENT has as its objective the promotion of the responsibilities of the Ciry of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOXER and the UNION both realize that ihis goal depends not only on the words in • the AGREEMENT but rather primarily on attitudes between people at ali levels of responsibiliry. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees wiil best serve the needs of the general pubiic. / iii 4 7-! 3�8 � ARTICLE 1 - PURPOSE 1.1 The EMPLOYER and the LTNION agree that We purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest level of employee performance that is cansistent 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 agreed upon by the EMPLOYER and the LINION; 1.1(3) Establish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this AGREEMENT without loss of productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement 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 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, provisional, temporary, and emergency, employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-477-A, dated April 16, 1973. 2.2 The classes of positions recognized as being exciusively represented by the UNION are as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains ihe right to operate and manage ali personnel, facilities, and equipment; to estab]ish functions and programs; to set and amend budgets; to determine the uti]ization of technology; to esiablish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pexform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not estabiished by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish foliowing written ' notification to the UNION. ARTICLE 4 - UIVION 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 de@ucced shall be remitted as directed by the UNION. 4.1(i) The EMPLOYER shall not deduct dues from the wages of empioyees covered by this AGREEMENT for any other iabar arganization. 4.1(2) The UNION shail indemnify and save harmless ttie EMPLOYER from any and all claims or charges made against the EMPLOYER as a resuit of the implementation of this ARTICLE. 4.2 The UNION may designate one (1} employee from the bazgaining unit in each deparunent to act as a Steward and shall inform t6e EMPLOYER in wriung of such designation. Such employee shall have the rights and responsibilities as designated in Anicle 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where empioyees covered by this AGREEMENT are wotking. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179A.09, Subd. 19 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired foIlowing sepazation, in a regular empioyment status shall serve a six (6} month probauonary period during which time the empIoyee's fitness and ability to perform the class of positions' duties and responsibilities shall 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 (G12IEVANCE PROCEDURE). � �� � 2 9 �-! 38� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An employee terminated during the probaaonary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the L3NION. b.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 perform the class of positions' duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previousiy heid class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVAI3CE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the employee's previously heid class of positions and shall receive a written notice of the reasons for demotions, a copy of which shall be sent to the ITNION. 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 shail be a"cash" houriy 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 A.rticie i2 (WAGES AND FEtINGE BENEFITS). 7.3 No other compensation or fringe benefit shatl be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. / ARTICLE 8- HOURS OF WORK 8.I The normal work day sha11 be eight (S} consecutive hours per day, excIuding a thirty � (30} minute unpaid lunch period. 8.2 The normaI work week shall be five {5) consecutive normal work days in any seven (7) day period. 8.3 Shifts other than the reguiaz daytime shift Monday through Friday may be established. Such shiHs must be maintained for a period of at Ieast one (i) work week. The second shift sha11 be a regularly scheduled shift which foIlows a regularly scheduled fust shift of five (5} hours or greater. The third shift shall be a regularly scheduled shift which folIows a regularly scheduted second shift of five (5} hours or greater. 8.4 For empioyees on a shift basis, this shail be construed to mean an average of forry (40) hours a week. S.5 This section shall not be construed as, and is not a guarantee of, any hours of work per normaI work day or per normaI work week. 8.6 An employee normaliy working on a particular shift may be transfened from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, an empIoyee may be assigned to another shift to fiil such vacancy upon 24 � hours notice. 8.7 AII empioyees shall be at the work location designated by their supervisor, ready for work, at the established stazting time, and shail remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.8 AII empIoyees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.9 Employees reporting for work at the established starting time, and for whom no work is available, shaIl receive pay for two (2) hours at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work day. 8.10 The empIoyer shall be required to give no less than six and one-half (6.5) hours notice, when an employee is to be laid off. - � 97-�3 �8 � ARTICLE 9 - OVERTIME 9.1 All overtune compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, structural radio or television towers and bridges over water requiring employees with special talents in climbing or working at unusual heights away from solid, guarded platforms, scaffolds or permanent, enclosed ladders. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work � performed under the following circumstances: 9.3(1) Time worked on a seventh (7th) day following a normal work week; and 9.3(2) Time worked in excess of twelve (12) consecutive hours in a twenry-four (24) hour period, provided, that all "emergency"' work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5}. 9.4 For the purposes of calculating overtime compensation, overtune hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPIAYER. � 5 ARTICLE 10 - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an emplopee has started a normal work day or normal work week and after an employee has complete@ a normal work day or normai work week. 10.2 Empiopees called back shaIl receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a ca1I-back sha11 be compensated in accordance with ArticIe 9(OVERTIME), when applicable, and subject to minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hovrs worked in accordance with Article 9(OVERTIME). ARTICLE 11 - WORK LOCATION � 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day empioyees may be assigned to other work locations at the discretion of the EMPLOYER. � 11.2 Empioyees assigned to work locations during the normal work day, other than their original assignment, and who aze required to furnish their own transportation shall be compensated for mileage. ARTICLE 12 - WAGES AND FRINGE BENEFTTS 12.I The basic hourly wage rates as estabiished by Appendix C shall be paid for aIl hours worked by an employee. 22.2 Employees who aze covered by the fringe benefits listed below shali continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have houriy fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS). 12.2(1) Insurance benefits as established by the City of Saint Paul. The hourly rate of Ciry Benefitted employees shall be reduced by the actuat hourly cost of active healrh insurance and a prefunded flat rate of $1.75 per hour for retiree health insurance. The wages in Appendix C reflect these deductions. � � 97-13�� � ARTICLE 12 - WAGES AND FRINGE BENEFTTS (Continued) 12.2(2) Sick Leave as established by Resolution No. 3250, Section 20. Effective May 1, 1997, the remaining City Benefitted electricians shall be charged with the actual average number of sick leave hours used, or 48 hours, whichever is less, in the wage calculation. The wages in Appendix C reflectthis charge. 12.2(3) In each calendar year, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Less than 5 years After 5 years thru 15 years After 15 years and thereafter Vacation Granted 15 days 20 days 25 days These hours shall be included in the wage calculation to determine the rates for City Benefitted elecuicians. � Employees who work less than full-time shall be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Snbdivision H. 12.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensatian, Section 1, Subdivision I. These hours shall be charged in the wage calculation to deternune the rates for City Benefitted electricians. 12.2(5) Severance benefits as estabfished by Ordanance No. 11490 with a maximum payment of $4,000 or as established by Article 29 of this Agreement. LJ 12.3 Regular employees covered by the Fringe Beneffts in 12.2 shall have the right to transfer from this coverage. Employees requesting such iransfer shall be considered participating employees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe bene�t conuibutions and/or deducrions made on their behalf as provided for by Article i2.7. Participating employees shall use al1 vacation that they have earned and are eligible for as oudined in tt�e Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve Trust Plan Documents. 7 ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) . 12.5 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall he compensated in accordance with Article 12.1 (WAGFS} and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 12.7. 12.6 All regvlar employees employed in a title in this bazgaining unit after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article I2.I (WAGES) and have fringe benefit contributions and/or deductions made on ffieir behalf as provided for by Article 12.7. Employees who gromote, transfer or reduce to any title in this bargaining unit from any tifle which is not in this bazgaining unit shait not be alIowed to use any accumulated sick leave credits while tfiey aze in such titIe. If the employee promotes, transfers or reduces to any tifle which is not in this bargaining unit and if sick leave is allowed under the new tifle, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shall be reinstated. 12.7 The EMPLOYER sha11 make contributions on behalf of and/or make deducdons from the wages of employees covered by fhis AGREEMENT itn accordance with Appendix D � for a11 hours worked. 12.8 For employees who have elected to become, as of January 26, 1991, participating employees as defined in Artic2e 12.6 of this Agreement, the Employer wili make the Aealth and Welfaze contributaon in accordance with item (1) of Appendix "A" of this Agreement. Such contribution shall be made for hours worked as of December 29, 1990. No other contributions listed in Appendix "D" shall be made for such employees for any hours worked prior to January 26, 1991. 3uch empioyees shal2 not be eligibie for City Healffi and Life insurance after Febr�ary 28, 1991. 12.9 Accumuiated sick leave credit balances as of Ianuary 25, 1991, for employees covered by Article 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may only be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Article 12.8 above shall discornin¢e earning sick leave and vacation and shaII not be eligibie for City paid holidays as of 7anuary 26, 2991. Such employees shall be paid the base rate of pay as shown in item 2 of Append'uc "C" of tIus Agreement effective January 26, 1991. � E:3 9 � t 3�� � ARTICLE 13 - SELECTION OF LEADS, GENERAL LEADS AND GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General Lead Elecuician and General Lead Electric3an In Charge shall remain solely with the Bmployer. 13.2 The class of positions, I.ead Electrician, Genera] Lead Electrician and General Lead Elecuician In Charge, shall be filled by employees of the bargaining unit on a "temporary assignment." n 13.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. Temporar�� Assignments 13.4 If the Generai Lead Electrician has scheduled time off of four (4) days or more, a temporary will be assSgned on the first day ofthe scheduled time off unless ihe General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignmeni is necessary if the Genera] Lead Electrician is absent for three (3) days or less due to illness or scheduled time off. 13.5 The Lead Electrician wil] be replaced on the first (lst) day of an absance by a temporary Lead Electrician. ARTICLE 14 - INSURANCE Active Empioyees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will conuibute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Employer will provide $5,000 of term life insurance for each employee. , 9 ARTICLE 14 - INSURANCE (Continued) Retiree Health Benefits 14.2 Employees who retire must meet the foilowing conditions in order to be eligibie for the Employer contribution for retiree health benefts: 14.2(i} Be receiving benefits from a public employee rerirement act covering employees of the Ciry of Saint Paul at the time of retiremenc, and 14.2(2) Have severed hisiher reladonship with the Ciry of Saint Paul under one of the retiree plans, and 14.2(3) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than an invoiuntary termination for misconduct. � Early Refirees (under age 6S� 14.3 For those employees who retire before age 65 and are etigibie for early retiree benefits under the terms set forth in Article 14.2 above and untit such retirees reach s'ucry-five (65} years of age, the Employer shali continue to make the same concribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Empioyer wiIl conuibute 100% of the premium cost for single coverage. For earl}� retirees selecting dependent coverage, the Employer wili contribute 50% of the premium cost for dependent coverage. s The Employer wili also continue life insurance beneffts for eligible earty retirees in the same amount as provided to them as active employees. Life insurance benefits terminated at age 65. When such early retiree attains age 65,the provisions of Article 14.4 shali apply. Regular Retirees (age 65 and older) 14.4 Empioyees who retire at or after the age of sixry-five (65) must meet the conditions set forth in Article 14.2. i4.4 (i} For such employees who retire after December 31, 1995, the Employer agrees to contribute a mazcimum of $550.00 per monch toward the premium for singie or dependent health utsurance coverage offered to regular retirees and their dependents. Any unused portion of the Empioyer's conuiburion shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Ar[icle 14.2. io � q �-J3�� • ARTICLE 14 - INSURANCE (Continued) Survivor Bene�its 14.5 In the event of the death of an early retiree or a regulaz retiree, the dependent of the retiree shali have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remaniage of the surviving spouse of the deceased employee or retiree. 1A.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a gzoup program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. • 14.6 The contributions indicated in Articie 14 shall be paid to the Employer's third party administrator or designated represeniative. , 11 ARTICLE 15 - HOLIDAYS 15.1 The folIowing ten (IO) days shall be designated as holidays: � New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents` Day, third Monday in February Memorial Day, last Monday in May Independence Day,July 4 Labor Day, fusi Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day aRer Thanksgiving, fourth Friday in 1Vovember Christmas Day, December 25 I5.2 When New Year's Day, Independence Day or Christmas Day fatls on a Sunday, the fol]owing Monday shall be considered the designated holiday. When any of ffiese three (3) hoiidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The ten (10) holidays shall be considered non-work days. � I5.4 If, in the judgment of the EMPLOYER, personneI are necessary for operating or emergency reasons, employees may be scheduled or "caIled back" in accordance with Article 10 (CALL BACK). I5.5 Participating employees, as defined in Articles I23, 12.4, 12.5 and 12.6, assigned to work on Martin Luther King Day, President's Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in ArticIes 12.3, 12.4, 12.5 and i2.6, 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 aII hours worked. 15.7 If an employee other than a Participating Employee is required to work on a designated holiday, he/she shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked. 15.8 Columbus Day and the day before Christmas Day shall be considered work days. AlI employees working on these days shall be compensated on a straight time basis. 12 � q7-i 38� ARTICLE 16 - DISCIP'LINARY PROCEDURES • 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shaIl include only the following actions: 16.2(i) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No agpeal of a suspension, demotion, or discharge sha11 be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEAURE). � ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unabie to report for their normai 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 wark day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 173 Failure to report for work without notification for thtee (3) consecutive normal work days may be considered a"quit" by the EMPLOYER on the part of the employee. ARTICLE 18 - SENIORITY 18.1 Seniarity, for the purgoses of this AGREEMENT, shall be defined as follows: 18.1(i) "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and a21 ciass titles covered by this AGREEMENT. , 13 ARTICLE 18 - SEI�IORTTY (Continued) � 18.1(2) "Class Seniority" - the Iengtti of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a ctass titIe covered by this AGRE$MENT. 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 full time position with the iTNION. 18.3 Seniority sha21 terminate when an emp}oyee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees wi12 be laid off by class ritie wittun each Department based on inverse length of "Ciass Seniority." Recall from layoff shalI be inverse order of layoff, except that recail rights shall expire after two years of Iayoff. I8.5 The selection of vacauon periods shaIl be made by cIass title based on Iength of °Class Seniority," subject to t6e approval of the EMPLOYER. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recogni2ed as an appropriaTe subject for determination by ihe various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involve@. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the EMPLQYER sha21 meet as soon as mutuaIly possible to resolve the dispute. Nothing in the foregoing shalt restrict the right of the EMPLQYER to accompiish the work as originatty assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections I9.2 and 19.3 above shall be subject to discipIinary action as provided in Articie 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. I4 � - q7-138� � ARTICLE 20 - SEPARATION AND RETIREMENT 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1(i) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Retirement. All employees shall retire from employment with ihe EMPLOYER no later than the last calendar day of the month in which an employee becomes sevenry years old. 20.1(3) Discharge. As provided in Article 16. 20.1(4) Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporary, or provisiona3 employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. • ARTICLE 21 - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as 1isYed in Appendix E, ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYBR shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The CTNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the i3NION that the processing of grievances as hereinafter grovided 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 responsibiliries. The Steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and ibe empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such ahsence wou]d not be detrimental to the work programs of the EMPLOYBR. / 15 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.3 The procedure established by ihis ARTICLE sha11 be the sole and exclusive procedure, • except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances sfiall6e resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violauon of this AGREEMENT, the emp2oyee involved shall attempt to resolve Lhe matter on an informal basis with the employee's supervisor. If the matter is not resotved to the empioyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UDIION. The written grievance shall set forth the nature of ihe grievance, tiie facts on which it is based, the aileged sections(s} of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) caiendar days of the first occunence of the event giving rise io the grievance or within the use of reasonable diligence should have had knowledge of the first occunence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7} calendar days after receiving the written grievance a • designated EMPLOYER supervisor shail meet with the iJNION Steward and attempt to resoIve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the EMPLOYER shal] reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in wtiting to Siep 3 within seven (7) calendar days following receipt of ihe EMPLOYER's written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMFLOYER'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 shaii meet with the UIVION Business Manager or his designated representative and attempt to resolve the gtievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the tJNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the U2�1ION may refer tiie grievance to Step 4. Any grievance not refened to in writing by the LTNION to Step 4 within seven (7} calendar days following receipt of the EMYLOYER'S answer shall be considered waived. 16 - 97-1388 � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days aftet the response of the EMPLOYER in Step 3, by written notice to ihe EMPLOYER, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the LTNION within seven (7} calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The I3nion shail strike the first (lst) name; the EMPLOYER shall then sttike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, 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 UTVION 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 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 arbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the arbitrator shall be finai and binding on the EMPLOYER, the UNION, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the LTNION, provided that each party shall be responsable for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that ]eads to the arbitrators making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it gays 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. r 17 ARTICLE 23 - RIGIiT 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 such conuacting 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. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made oniy to employers 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 empioyees equally without regard to, or discrimination for or against, any individual because of race, coior, creed, sex, age, disability 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 conirary to law by proper legislative, administrative, or judicial auihority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shalI continue in full force and effect. 25.2 The panies agree to, upon written nodce, enter into negotiations to place the voided provisions of the AGREEMENT in campliance with the legislative, administrative, or judicial determination. � - 97-13�'8 � ARTICLE 26 - WAIVER 26.1 The EMPLOYER and the LtNION acknowledge that during the meeting and negotiating which zesulted in this AGREEMENT, each had the right and opportuniry to make groposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of tius right are fully and completely set forth in this AGREEMENT. 26,2 Therefore, the EMPLOYER and the IT2vI0N for the duration of this AGREEMENT agree that the other parry 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. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE 2? - CITY NIILEAGE • 27.1 Automobile 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 are adopted. 27.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization from the Department 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 empioyee's vehicle is actually used in performing the duties of the 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. , 14 ARTICLE 27 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reixnbursed at the rate of $4.00 per day for each day af work. 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 department head or designated representative determines that an employer vehic2e is availabie for the emptoyee's use but the emplayee desires to use his/her own automobile, then the empioyee shall be reimbursed at the rate of $.20 per mile driven and shatl not be eligibte for any per diem. This Anicle 27.2 shall become effective on the first day of the fust month following the date of the signing of this Agreement. 27.3 The Ciry will provide parking at the Civic Center Parking Ramp for City empioyees on either of the above mentioned types of reimbursement plans who aze required to have their persona] car available for City business. Such parking wilI be provided only for the days the employee is required to have his/her own personal caz avaiIable. � 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the . procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daity reports indicating mites driven and shail file monthly a�davits stating the number of days worked and the number of iniles driven, and further require that they maintain automobile liabitiry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or liabitity insurance in amounu not less than $300,000 single limit coverage, with the City of Saint Pau1 named as an additional insuted. These rules and regulations, together with the aznendmem thereto, shall be maintained on file with the city clerk. ARTICLE 28 - MATEItNITY LEAVE 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. Tn the event of an employee's pregnancy, the employee may apply for leave without pay at any tune during the period stated above and the employer may approve such Ieave at its option, and such ]eave may be no longer tfian one {1) year. - I.j/] �j�-!3�'�' � ARTICLE 29 - SEVERANCE PAY 29.1 The empioyer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay program, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retiremenz Association (PERA) or under the provisions of another public pension plan to which the City of St. Paut contributes. The "rule of 90" criteria shall also apgly to employees covered by a public pension plan other than PERA. 29.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 29.2(3) 1`he employee must have at least ten (10) years of consecutive service under • the classified or unclassified Civil 3ervice at the time of separation. Por the purpose of this Article, employment in either the City or in the Independent 3chool District No. 625 may be used in meeiing this ten (10) year service requirement. 29.2(4) The employee must file a waiver of reemployment with the Personnei Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 29.2(5) The employee must have accumulated a minunum of sixty (60) days of sick leave credits at the time of his/her separation from service. 29.3 If an employee requests severance pay and if the employee meets the eligibilaty requirements set forth above, he/she will be granted severance pay in an amount equal to one-haTf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 29.4 The maxunum amount of money that any employee may obtain through the severance pay program is $10,000. , 21 ARTICLE 29 - SEVERANCE PAY (Continued) 24.5 For the purpose of this severance program, a death of an emp2oyee sha11 be considered � as separation of employment, and if the employee would have met a11 of the requiremenis sei forth above, at the tirne of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 29.6 For ihe purpose of this severance program, a transfer from the City of Saint Paul employmeat to Independent Schoal I?istrict No. 625 emp2oyment is not considered a segaration of emplayment, and such transferee shall not be eligible for the Ciry severance program. 29.7 The manner of payment of such severance pay shall be made in accordance with the provisions of Ciry Ordinance No. I1490. 29.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this articIe conflict with said ordinance and in such cases, the provisions of this article shali controi. 29.9 The provisions of this article shall be effective as of May 1, 1987. 29.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting • the quaiifications of tivs articIe or City Ordinance No. 11490, as amended by Ciry Ordinance No. I6303, section 1, secuon 6, draw severance pay. However, an eIection by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. ARTICLE 30 - LEGAL SERVICES 3Q.1 Except in cases of malfeasance in o�ce or willful or wanton neglect of duty, empioyer sha11 defend save harmless and indemnify employee against tort claim or demand whether groundless or orherwise arising oat of alleged acts or omission occuning in the performance or scope of the employee's duries. 30.2 Notwithstanding Article 30.2, the Employer shall not be responsible for paying any legal service fee or for providing any legai service arising from any iegal action where the empioyee is the Piaintiff. 22 - y�-�3�� • ARTICLE 31 - MASTER OF RECORD REQUIREMENT 31.1 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State af Minnesota as Master of Record for the employer's use. ARTICLE 32 - DURATION AND PLEDGE 32.1 This agreement shall become effective as of May 1, 1997 and shall remain in effect through the 30th day of April, 1999, and continue in effect from year to year therea8er unless notice to change or to terminate is given in the manner provided in Article 32.2 of this Agreement. 32.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shail give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the exp'�ration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. � 32,3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDi3RE herein established is the means by which grievances conceming its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the AGREEMENT: 32.3(i) The UNION and the employees will not engage in, instigate, or condone any concerted action in whi�h empioyees fail to report for duty, wiilfully 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 empioyment. 32.3(2) The BMPLOYER will not engage in, instigate, or condone any lock-out of employees. / 23 9�-i3�8 � ARTICLE 32 - DURATION AND PLEDGE (Continued) 32.3(3) Tfiis constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to ttie approval of the Adminisuation of the City and is also subject to ratification by the UNFON. • , AGREED and attested to as [he full and compiete understanding of the parties for the period of time herein specified by the signature of the foliowing representative from the EMPLOYER and the UI�TION. WITNESSES: CITY OF SAINT PAUL Mary . Kearney S Director of Labor Relations j1-3-- 2 Date • - ��i� .. , INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 110 3ames R. Wagner Business Manager Frank Gumey President, I,ocal 110 �a�� _� Richard J. y lli Business Representative ia � a3-�� Date 24 e1?-J3�'8 APPENDIX A � The classes of positions recognized as being exclusively represented by the ITNION are as follows: General Lead Electrician In-Charge General L.ead Ele�trician Lead Electrician Elecuician Lighting Maintenance Worker Apprentice Electrician Senior ElectricalInspector ElectricalInspector and other classes of gositions that may be established by the EMPLOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the UNION. � / -Al- q�-1388 APPENDIX B � For all normai work weeks estabiished pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shall apply and govem: All regulaz electricians employed prior to January i, 1976 shall be offered assignment to the work week on a senioriry basis, and all such employees shall have the right to refuse assignment to the workweek. This refusal is subject to the provisions listed below. 2. All regulaz electricians employed subsequent to 7anuary 1, 1976 may be assigned to vacancies in this work week. All regular elecuicians shail have the right to bid on and obtain assignment of a posiuon occupied by an electrician with lesser class senioriry within 30 calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other ]eave acceptable to both parties. These temporary assignments shal] be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis � for more than 15 work days or the total temporary assignment to exceed 90 work days. , � 47-! 3 88 � • � APPENDIX C 1. The basic hourly wage rates for temporary employees appointed to the following classes of positions shall be the following: Elecuician Lead Electrician Electrical Inspector General I.ead Electrician Senior Electrical Inspector General Lead Elecuician In-Chazge Apprentice Electrician lst 950 hours . . . . . . . . . . . 2nd 950 hours . . . . . . . . . . . 3rd 950 hours . . . . . . . . . . . 4th 950 hours . . . . . . . . , . . Sth 950 hours . . . . . . . . . . . 6th 95d hours . . . . . . . . . . . 7th 950 hours . . . . . . . . . . . 8th 950 hours . . . . . . . . . . . Effective !OS 24197 $25.69* $27.89* $27.89* $28.99* $28.94* $30.09* 48% of Electrician Rate 48 % of Electrician Rate 55 % of Electrician Rate 60% of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Biectrician Rate 85% of Electrician Rate * This rate inciudes a 10% Vacation Contribution. Note: There is an additionai taxable fringe contribution listed in Appendix D. -C1- � �J , R7-f�g8 APPENDIX C (Continued) 2. The basic hourly wage rates for provisional, probationary and regular employees appointed to the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (Union benefits) shail be the following: Blectrician Lead Elecuician ElectricalInspector General Lead Electrician Senior ElectricalInspector General I,ead Electrician In-Charge Apprentice Electrician lst 450 hours . . . . . . . . . . . 2nd 95Q hours . . . . . . . . . . . 3rd 950 hours . . . . . . . . . . . 4th 950 hours . . . . . . . . . . . Sth 950 hours . . . . . . . . . . . 6th 950 hours . . . . . . . . . . . 7th 950 hours . . . . . . . . . . . 8th 950 hours . . . . . . . . . . . Effective Effective 04/26/97 OUO I (or closest payroli period) $24.58�` $24.42* $26.69* $26.51* $26.69�` $26.51* $27.74* $27.56* $27.74* $27.56* $28.79* $28.60* 48 % of Electrician Rate 48% of Electrician Rate 55% of Biectrician Rate 60 % of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Electrician Rate 85 % of Electrician Rate * This rate inciudes a 10% Vacation Contribution Note: There is an additional taxable fringe contribution listed in Appendix D. 3. The basic hourly wage rates for regular employees appointed to the foliowing classes of positions and who are covered by the provisions of Article 12.2 of this Agreement �Ciry benefits) shall be the following: Electrician Lead Electrician ElecuicalInspector Generai I.ead Elecuician Senior ElectricalInspector General I,ead Electrician In-Chazge Effective Effective 04/26/47 10 f01/48 {or closest payroll period} $24.15 $24.11 $25.97 $25.92 $25.97 $25.92 $26.88 $26.82 $26.88 $26.82 $27.79 $27.73 -C2- 9?-� 13 8s APPENDIX C (Continued) • Apprentice Electrician (Hired prior to March 16, 19"74 - 85 % of Electrician Rate) 4. The basic hourly rate for those holding the tifle Tra�c Lighting Maintenance Worker, who receive no benefits, shall be: Effective 5-27- 5 $ 7.54 The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for empioyers and employees. The rates listed effective Ianuary 1, 1998 reflect this change. Effective Apri125, 1998, there will be an additional $1.37 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.37 between wages and fringes. Employees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours � of b p.m. and 6 a.m., shall be paid a night differential for the entire shift. Empioyees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., but who work less than �ve hours between the hours of 6 p.m. and 6 a.m., shali be paid a night differential for oniy those hours actually worked between the hours of 6 p.m. and 6 a.m. The night differential shali be 5% of the base rates, and shall be paid only for those night shifts actualiy worked. The total cost to the Employer, (including wages, fringes, and pension contributions) for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Associauon (NECA). The total package cost shali exclude any payments for industry promotion andlor advertisement, or any other purpose not directly and clearly beneficial to the public employer. In the event L,ocai 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be unmediately applicable to the total compensation paid to employees covered � by this Agreement. -C3- 9�-��gg � � / ►��� .���i��►i�, Effective Aprii 26, 1997, the EMPLOYER shaii: (1) Contribute to a Union designated Health and Welfaze Fund $2.52 per hour for ail hours worked by participating employees as defined by this Agreement. (2) Contribute to a Union designated Pension Fund $1.24 per hour for all hours worked by participating employees as defined by ttus Agreement. �or apprentices who started working as an apprentice on or after May 1, 1984, this pension contribution shall be $.29 per hour for the fust 1900 hours of apprentice work, $31 per hour for 1901-3800 hours, $.3b per hour for 3801-5700 hours and $1.24 thereafter. (3) Contribute to a Union designated Appren6ceshig Fund $.22 per hour for ail hours worked by participating employees as defined by this Agreement. (4) Contribute to a Union designated Reserve Trust Fund $1.01 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this reserve trust conuibution shall be limited to $31 per hour for the first 190� hours of apprentice work. $.33 per hour for 1901-3800 hours, $.38 per hour for 3801-5700 hours and $1.01 thereafter. (5) Conuibute to the Union's designated National Employees Ben�t Fund (N.E.B.F.) 3% of the gross wages earned by ail participating employees covered by this Agreement. (6) Contribute to a Union designated Vacation and Holiday Fund 10% oF all wage5 earned by participating employees covered by this Agreement. This conuibution is subject to all payroll deductions. For apprentices who started working as an apprentice on or after May 1, 1984, this regular Vacation and Holiday Fund contribution shall be based on hours worked as an apprentice as shown below: 1ST 1900 1901 THRU 3800 5.5% 6.5% HOURS 3801 THRU 5700 5701 THRU 7600 7.5% 9.5% - D1 - 9 �-13 8S � � r APPENDIX D (Continued) (7) Contribute to a Union designated Suppiemental Pension Fund $1.30 per hour for ail hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this Supplemental Pension Fund contriburion shall be as follows: : ��� . .t HOUR5 3800-6650 hours $ .65 More than 6650 hours $1.30 (8) Contribute to a Union designated Flexible Benefft Fund $1.65 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May 1, 1984, this Flexible Benefit Fund hourly contribution shall be as foliows: HOURS lst 1900 Ol-3 3801-5700 $.29 $.32 $.35 5701-6650 Over 6650 $ .36 $1.65 (9) Conuibute to the Pub]ic Employees Retixement Association (PERA) the legally established non-negotiated pension contribution. This conYSibution shall be 4.48% of gross earnings and shall be adjusted as required by State I,aw. This conuibution shall increase to 5.18% effective January 1, 1998. The houriy rate of Ciry Benefitted and Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. -D2- 9�- ! 3S8 APPENDIX D (Continued) � The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as zequired by Minnesota Statutes. . , For the purpose of this Appendix D, "participating employees" shall be as defined as in Articles 12.3, 12.4 and 12.5 of this Agreement. Such employees sha11 not accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. Participating employees shall not be eligible for any benefits under, nor shall they be govemed by such Rules, Ord'anances, or Resolutions. The EMPLOYER'S fringe benefit obligation to participating emplayees covered by this AGREEMENT is limited solely to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the trustees of the various funds to which ihe EMPLOYER has forwarded contributions and/or deductions. If the IInion elects to have the contributions listed in this Appendix D increased or decreased, the Employer may adjust the applicabie rates in Appendix C of this Agxeement for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - D3 - 9��13�$ � APPENDIX E Pocket Tool Punch and Be2t 6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4 Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: 6/32 - 8J32 - 10i32 - 10i24 - 1/4 20 Tap Wrench File Rasp 12" '/z Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife L.ong Nose Piier Diagonal Cutting Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ball Peen Scratch Awl Drills - in accordance with Tap sizes 9/32 and 3!8 Fuse Pulier Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shall furnish all other necessary tools or eqnipment. Employees will be . held responsible for toois or equipment issued to them, providing the EMPLOYER furnishes the necessary lockers, "gang box" or other safe place for starage. The EMPLOYER shail replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. / The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall only contribute towazd the cost of one pair of shoes per contract year. This reimbursement of $30.00 shail be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 EMPLOYER contribution shali apply only to those employees who are required by the Employer to wear protective shoes or boots. - El - . , , 9�-�3 gg APPENDIX F � WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL Il�TSPECTORS As a result of the 1974 settlement, the Parties have established craft-deternuned rates for Senior ElectricalInspectors and for ElectricalInspectors, with ihe specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Ariicle 3- EMPLOYER RIGHTS - of the Mt1INTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well as for Inspector classifications in other Bargaining Units, may not result in disputes over assignments or over rates of pay for work performed, nor will any jurisdictional clauns or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. � ' - Fi - J���iD l�rA,u.S Council File # � —/�$F Green Sheet # 40120 SAI Presented b} Referred To 1 � ft3 Committee Date /D RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached May 1, 1997 - Apri1 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electricai Workers, Loca1110. Requested by Department of: Bostrom Collins Harris Megard Morton Office of Labor Relations ✓ � c� t Adopted by Council: Date �,�,� �� \q�T'4 � Adoption Cer6fied by Council Secretazy By: ��.�, �l _ � Approved by Mayo ` Date i ti- � 8/� By: � _ L�� L, MINNESOTA By: ���/ Form Apgr�by Ci mey By: �... -.� ��,;. _.�� i � /i � � ` DEPAR7'MENT/OFFICE/COUNCIL � LABOR RELATIONS CONTACT PERSON & PHONE: JiILIE KRAUS 266-6513 MUST BE ON COUNCII, AGENDA BY (DATE) TOTAL#OFSIGNATURE DATE INITIATED I GREEN SHEET October 27, 1997 INITIAL/DATE No.: 40120 97 - /�3F�8 INITIAI✓DA1'E ASSIGN I DEPARTMENT DIR, 1L 4 CITY CAUNCIL N[7MBER 2 CTI'Y ATI'ORNEY CITY CLERK FOR Bi3DGE'f DTR. FiN..@ MGS. SERVECE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER ALL LOCAT[ONS FQR acnoN �QUES�n: This resolution approves the attached May 1, 1997 - April 30, 1999 Maintenance Labor Agreement between the City of Saint Paul and the International Brotherhood of Electrical Workers, Local 110. ILECOM&SENDATTONS: Approve {A) or Reject (R) PLA73NINGCOMMISSSON _CiVILSEAVICE COMbIISSION _CIB COMA9TfEE STAFF DISTRICT COUR'C SUPPORTSWFIICIiCAUNCILOBlECTIVB? ' PERSONAL SERVICE CANTRACfS MUST AI3SWER THE FOLLOWING QUES710NS: 1. Has ihis persov/firm ever worked under a conVaM for this department? Yes No 2. Has this person/firm ever been a city employee? Yes No 3. Dces this personffilm possess a skill not nomially possessed by any cunent ciry Yes No Explain all yes answers on separate sheet and attach to gree� sheet INITIATING PROBLEM, ISSLfE, OPPORTUNI7'Y (Who, What, W6en, Where, Why): nnvaivrncES iF nrrxov�n: An Agreement in place through April 30, 1949. DISADVANTAGES IF APPROVED: ; tE�gtl��i. �OV 07 199i DISADVAN7'AGES IF NOT APPROVED: TOTAL AMODNT OF TRANSACTION: FONDING SO[IlLCE: FINANCIAL INFOR'�ZATION: (EXPLAIIh COST/REVENUE BUDGETED: ACC[YITY NUMBER: r'_..�..ti..>. . � IYO V 1 U --�-� 97-/.�$� Attachment to Green Sheet City of Saint Paul and the International Brotherhood of Electrical Workers, Locai 110 Contract 1. Article 12 - Wages and Fringe Benefits (vacation for participating employees) New - add to 12.4 - Participating employees shall use all vacation that they have eatned and are eligible for as outlined in the Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve Trust Plan Documents. 2. Article 12 - Wages and F'ringe Benefits (sick leave provision for city benefitted employees) New Effective May 1, 1997, the remauung City Benefitted electricians will be charged with the actual average number of sick leave hours used, or 48, whichever is less. 3. Article 13 Temporary Assignments - revised 13.4 If the General Lead Electrician has scheduled time off of four (4) days or more, a temporary will be assigned on the first day of the scheduled time off uniess the General Lead Electrician is absent due to local seminars or other city business and is available by phone. No temporary assignment is necessary if the General Lead Electrician is absent for tkuee (3) days or less due to iilness or scheduled time off. 13.5 The Lead Electrician will be replaced on the first (ist) day of an absence by a temporary Lead Electrician. 4. New - Article 31 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State of Minnesota as Master of Record for the empioyer's use. Appendix A- new title, General L,ead Electrician in Charge 6. Duration - Two years 7. Wages - Prevailing Rate F: �LABREL\CONIRACT�ELECTRICU 997-98�.STTACH97 _. j . �Art. y i " _� ._ ;- .. 9 �� f�38� `.; � - May i, 1997 "thru Aprs`13t1; 1999 -' _ - __,... --: .._. a.� ; ; - _. � - _ - - __ F . � _ � - : � _ � � :"; . -:_ �.� � - - - - ' � �f,�l��iTEI��C� LABf�R A�R�EM�I��'F = _ � _ -- , _. _ 4 �. _� ... � � _ s - .r t ; '. . a -:� 5 ' _ � . '- ,� ., C . , l . �' - �B�WCC� ` _ _ ; � � ,. � 4 , ;_ � , =, - h � - - - Y\ ' ��' �� V�'�J.�t) .: ���, �Y: `.': ti� " ^ .j . > �_.._. . '_�/i �_. � _ � � � 1_ / • ARTICLE TITLE PAGE Preamble ....................................... iii 1 Purpose .........................................1 2 Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 3 Employer Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i 4 Union Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 5 Scope of the Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 Probationary Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 7 Ptulosophy of Employment and Compensation . . . . . . . . . . . . . . . . 3 8 Hours of Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 9 Overtime ........................................5 10 Callback ........................................b 11 Work L,ocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 12 Wages and Fringe Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 13 Selection of I.eads, General L,ead and General L,ead in Charge ...... 9 14 Insurance . .. .. ..... .... .. .... ... .. .... .... ... . ... 9 • 15 Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 16 Disciplinary Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 17 Absences from Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 19 Jurisdiction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 20 Separation and Retirement . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 21 Tools ..........................................15 22 Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23 Right of Subconuact . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 24 Non-Discrimination ................................ 18 25 Severabiliry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 26 Waiver .........................................19 27 City Mileage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 28 Materniry Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 29 Severance Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 30 LegalService .....................................22 31 Master of Record Requirement . . . . . . . . . . . . . . . . . . . . . . . . . 23 32 Duration and Pledge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 , i p � C� Y INDEX (Continued) Appendix A Appendix B Appendix C Append'vc D Appendis E Appendix F .............................................. Ai ............................................... 1 ...............................................Ci .............................................. Di ...............................................E1 ...............................................F1 , ii 9 i ���GS� � '� :u�: This AGREEMENT is entered into between the City of Saint Paul, hereinafter refened to as the EMPLOYER and the International Brotherhood of Electrical Workers, Local 110 hereinafter referred to as the LTNION. The EMPLOYBR and the UNION concur that this AGItEEMENT has as its objective the promotion of the responsibilities of the Ciry of Saint Paul for the benefit of the general public through effective labor-management cooperation. The EMPLOXER and the UNION both realize that ihis goal depends not only on the words in • the AGREEMENT but rather primarily on attitudes between people at ali levels of responsibiliry. Constructive attitudes of the EMPLOYER, the UNION, and the individual employees wiil best serve the needs of the general pubiic. / iii 4 7-! 3�8 � ARTICLE 1 - PURPOSE 1.1 The EMPLOYER and the LTNION agree that We purpose for entering into this AGREEMENT is to: 1.1(1) Achieve orderly and peaceful relations,thereby establishing a system of uninterrupted operations and the highest level of employee performance that is cansistent 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 agreed upon by the EMPLOYER and the LINION; 1.1(3) Establish procedures to orderly and peacefully resoive disputes as to the application or interpretation of this AGREEMENT without loss of productivity. 1.2 The EMPLOYER and the UNION agree that this AGREEMENT serves as a supplement 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 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, provisional, temporary, and emergency, employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No. 73-PR-477-A, dated April 16, 1973. 2.2 The classes of positions recognized as being exciusively represented by the UNION are as listed in Appendix A. ARTICLE 3 - EMPLOYER RIGHTS 3.1 The EMPLOYER retains ihe right to operate and manage ali personnel, facilities, and equipment; to estab]ish functions and programs; to set and amend budgets; to determine the uti]ization of technology; to esiablish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pexform any inherent managerial function not specifically limited by this AGREEMENT. 3.2 Any "term or condition of employment" not estabiished by this AGREEMENT shall remain with the EMPLOYER to eliminate, modify, or establish foliowing written ' notification to the UNION. ARTICLE 4 - UIVION 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 de@ucced shall be remitted as directed by the UNION. 4.1(i) The EMPLOYER shall not deduct dues from the wages of empioyees covered by this AGREEMENT for any other iabar arganization. 4.1(2) The UNION shail indemnify and save harmless ttie EMPLOYER from any and all claims or charges made against the EMPLOYER as a resuit of the implementation of this ARTICLE. 4.2 The UNION may designate one (1} employee from the bazgaining unit in each deparunent to act as a Steward and shall inform t6e EMPLOYER in wriung of such designation. Such employee shall have the rights and responsibilities as designated in Anicle 22 (GRIEVANCE PROCEDURE). 4.3 Upon notification to a designated EMPLOYER supervisor, the Business Manager of the UNION, or his/her designated representative shall be permitted to enter the facilities of the EMPLOYER where empioyees covered by this AGREEMENT are wotking. ARTICLE 5- SCOPE OF THE AGREEMENT 5.1 This AGREEMENT established the "terms and conditions of employment" defined by M.S. 179A.09, Subd. 19 for all employees exclusively represented by the UNION. This AGREEMENT shall supersede such "terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6 - PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired foIlowing sepazation, in a regular empioyment status shall serve a six (6} month probauonary period during which time the empIoyee's fitness and ability to perform the class of positions' duties and responsibilities shall 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 (G12IEVANCE PROCEDURE). � �� � 2 9 �-! 38� � ARTICLE 6 - PROBATIONARY PERIODS (Continued) 6.1(2) An employee terminated during the probaaonary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the L3NION. b.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 perform the class of positions' duties and responsibilities shall be evaluated. 6.2(1) At any time during the promotional probationary period an employee may be demoted to the employee's previousiy heid class of positions at the discretion of the EMPLOYER without appeal to the provisions of Article 22 (GRIEVAI3CE PROCEDURE). 6.2(2) An employee demoted during the promotional probationary period shall be returned to the employee's previously heid class of positions and shall receive a written notice of the reasons for demotions, a copy of which shall be sent to the ITNION. 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 shail be a"cash" houriy 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 A.rticie i2 (WAGES AND FEtINGE BENEFITS). 7.3 No other compensation or fringe benefit shatl be accumulated or earned by an employee except as specifically provided for in this AGREEMENT; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. / ARTICLE 8- HOURS OF WORK 8.I The normal work day sha11 be eight (S} consecutive hours per day, excIuding a thirty � (30} minute unpaid lunch period. 8.2 The normaI work week shall be five {5) consecutive normal work days in any seven (7) day period. 8.3 Shifts other than the reguiaz daytime shift Monday through Friday may be established. Such shiHs must be maintained for a period of at Ieast one (i) work week. The second shift sha11 be a regularly scheduled shift which foIlows a regularly scheduled fust shift of five (5} hours or greater. The third shift shall be a regularly scheduled shift which folIows a regularly scheduted second shift of five (5} hours or greater. 8.4 For empioyees on a shift basis, this shail be construed to mean an average of forry (40) hours a week. S.5 This section shall not be construed as, and is not a guarantee of, any hours of work per normaI work day or per normaI work week. 8.6 An employee normaliy working on a particular shift may be transfened from that shift to another shift upon one weeks notice; provided, however, that in the event of a vacancy, an empIoyee may be assigned to another shift to fiil such vacancy upon 24 � hours notice. 8.7 AII empioyees shall be at the work location designated by their supervisor, ready for work, at the established stazting time, and shail remain at an assigned work location until the end of the established work day unless otherwise directed by their supervisor. 8.8 AII empIoyees are subject to call-back by the EMPLOYER as provided by Article 10 (CALL BACK). 8.9 Employees reporting for work at the established starting time, and for whom no work is available, shaIl receive pay for two (2) hours at the basic hourly rate, uniess notification has been given not to report for work prior to leaving home, or during the previous work day. 8.10 The empIoyer shall be required to give no less than six and one-half (6.5) hours notice, when an employee is to be laid off. - � 97-�3 �8 � ARTICLE 9 - OVERTIME 9.1 All overtune compensated for by the EMPLOYER must receive prior authorization from a designated EMPLOYER supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim will not be honored, even though shown on the time cazd, unless the required advance approval has been obtained. 9.2 The overtime rate of one and one-half (1.5) the basic hourly rate shall be paid for work performed under the following circumstances: 9.2(1) Time worked in excess of eight (8) hours in any one normal work day; and 9.2(2) Tune worked on a sixth (6th) day following a normal work week 9.2(3) Time actually spent doing certain work on smokestacks, structural radio or television towers and bridges over water requiring employees with special talents in climbing or working at unusual heights away from solid, guarded platforms, scaffolds or permanent, enclosed ladders. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work � performed under the following circumstances: 9.3(1) Time worked on a seventh (7th) day following a normal work week; and 9.3(2) Time worked in excess of twelve (12) consecutive hours in a twenry-four (24) hour period, provided, that all "emergency"' work required by "Acts of God" shall be compensated at the rate of one and one-half (1.5}. 9.4 For the purposes of calculating overtime compensation, overtune hours worked shall not be "pyramided," compounded, or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this ARTICLE shall be paid in cash or in compensatory time. The basis on which overtime shall be paid shall be determined solely by the EMPLOYER. Compensatory time off must be approved by the EMPIAYER. � 5 ARTICLE 10 - CALL BACK 10.1 The EMPLOYER retains the right to call back employees before an emplopee has started a normal work day or normal work week and after an employee has complete@ a normal work day or normai work week. 10.2 Empiopees called back shaIl receive a minimum of four (4) hours pay at the basic hourly rate. 10.3 The hours worked based on a ca1I-back sha11 be compensated in accordance with ArticIe 9(OVERTIME), when applicable, and subject to minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shall complete the normal work day and be compensated only for the overtime hovrs worked in accordance with Article 9(OVERTIME). ARTICLE 11 - WORK LOCATION � 11.1 Employees shall report to work location as assigned by a designated EMPLOYER supervisor. During the normal work day empioyees may be assigned to other work locations at the discretion of the EMPLOYER. � 11.2 Empioyees assigned to work locations during the normal work day, other than their original assignment, and who aze required to furnish their own transportation shall be compensated for mileage. ARTICLE 12 - WAGES AND FRINGE BENEFTTS 12.I The basic hourly wage rates as estabiished by Appendix C shall be paid for aIl hours worked by an employee. 22.2 Employees who aze covered by the fringe benefits listed below shali continue to be covered by such benefits. They shall be subject to all other provisions of the AGREEMENT, but shall not have houriy fringe benefit contributions and/or deductions made on their behalf as provided for by Article 12.7 (FRINGE BENEFITS). 12.2(1) Insurance benefits as established by the City of Saint Paul. The hourly rate of Ciry Benefitted employees shall be reduced by the actuat hourly cost of active healrh insurance and a prefunded flat rate of $1.75 per hour for retiree health insurance. The wages in Appendix C reflect these deductions. � � 97-13�� � ARTICLE 12 - WAGES AND FRINGE BENEFTTS (Continued) 12.2(2) Sick Leave as established by Resolution No. 3250, Section 20. Effective May 1, 1997, the remaining City Benefitted electricians shall be charged with the actual average number of sick leave hours used, or 48 hours, whichever is less, in the wage calculation. The wages in Appendix C reflectthis charge. 12.2(3) In each calendar year, each full-time employee who is eligible for vacation shall be granted vacation according to the following schedule: Years of Service Less than 5 years After 5 years thru 15 years After 15 years and thereafter Vacation Granted 15 days 20 days 25 days These hours shall be included in the wage calculation to determine the rates for City Benefitted elecuicians. � Employees who work less than full-time shall be granted vacation on a pro rata basis. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Snbdivision H. 12.2(4) Ten (10) legal holidays as established by the Saint Paul Salary Plan and Rates of Compensatian, Section 1, Subdivision I. These hours shall be charged in the wage calculation to deternune the rates for City Benefitted electricians. 12.2(5) Severance benefits as estabfished by Ordanance No. 11490 with a maximum payment of $4,000 or as established by Article 29 of this Agreement. LJ 12.3 Regular employees covered by the Fringe Beneffts in 12.2 shall have the right to transfer from this coverage. Employees requesting such iransfer shall be considered participating employees and will no longer be covered by the fringe benefits in 12.2 but shall be covered by 12.4. 12.4 Regular employees not covered by the fringe benefits listed in Article 12.2 shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article 12.1 (WAGES) and have fringe bene�t conuibutions and/or deducrions made on their behalf as provided for by Article i2.7. Participating employees shall use al1 vacation that they have earned and are eligible for as oudined in tt�e Saint Paul Electrical Workers Regular Vacation and Holiday & Reserve Trust Plan Documents. 7 ARTICLE 12 - WAGES AND FRINGE BENEFITS (Continued) . 12.5 Provisional, temporary, and emergency employees shall be considered, for the purposes of this AGREEMENT, participating employees and shall he compensated in accordance with Article 12.1 (WAGFS} and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 12.7. 12.6 All regvlar employees employed in a title in this bazgaining unit after February 15, 1974, shall be considered, for the purpose of this AGREEMENT, participating employees and shall be compensated in accordance with Article I2.I (WAGES) and have fringe benefit contributions and/or deductions made on ffieir behalf as provided for by Article 12.7. Employees who gromote, transfer or reduce to any title in this bargaining unit from any tifle which is not in this bazgaining unit shait not be alIowed to use any accumulated sick leave credits while tfiey aze in such titIe. If the employee promotes, transfers or reduces to any tifle which is not in this bargaining unit and if sick leave is allowed under the new tifle, the accumulated sick leave the employee had at the time such employee became a member of this bargaining unit shall be reinstated. 12.7 The EMPLOYER sha11 make contributions on behalf of and/or make deducdons from the wages of employees covered by fhis AGREEMENT itn accordance with Appendix D � for a11 hours worked. 12.8 For employees who have elected to become, as of January 26, 1991, participating employees as defined in Artic2e 12.6 of this Agreement, the Employer wili make the Aealth and Welfaze contributaon in accordance with item (1) of Appendix "A" of this Agreement. Such contribution shall be made for hours worked as of December 29, 1990. No other contributions listed in Appendix "D" shall be made for such employees for any hours worked prior to January 26, 1991. 3uch empioyees shal2 not be eligibie for City Healffi and Life insurance after Febr�ary 28, 1991. 12.9 Accumuiated sick leave credit balances as of Ianuary 25, 1991, for employees covered by Article 12.8 above shall be frozen as of January 25, 1991. Such frozen sick leave balances may only be used for severance pay purposes. Severance pay shall be granted only in accordance with Article 29 of this Agreement. 12.10 Employees covered by Article 12.8 above shall discornin¢e earning sick leave and vacation and shaII not be eligibie for City paid holidays as of 7anuary 26, 2991. Such employees shall be paid the base rate of pay as shown in item 2 of Append'uc "C" of tIus Agreement effective January 26, 1991. � E:3 9 � t 3�� � ARTICLE 13 - SELECTION OF LEADS, GENERAL LEADS AND GENERAL LEAD IN CHARGE 13.1 The selection of personnel for the class of positions Lead Electrician, General Lead Elecuician and General Lead Electric3an In Charge shall remain solely with the Bmployer. 13.2 The class of positions, I.ead Electrician, Genera] Lead Electrician and General Lead Elecuician In Charge, shall be filled by employees of the bargaining unit on a "temporary assignment." n 13.3 All "temporary assignments" shall be made only at the direction of a designated EMPLOYER supervisor. Temporar�� Assignments 13.4 If the Generai Lead Electrician has scheduled time off of four (4) days or more, a temporary will be assSgned on the first day ofthe scheduled time off unless ihe General Lead Electrician is absent due to local seminazs or other city business and is available by phone. No temporary assignmeni is necessary if the Genera] Lead Electrician is absent for three (3) days or less due to illness or scheduled time off. 13.5 The Lead Electrician wil] be replaced on the first (lst) day of an absance by a temporary Lead Electrician. ARTICLE 14 - INSURANCE Active Empioyees 14.1 This Article shall apply to employees who are eligible for the fringe benefits listed in Article 12.2 (City benefits). The insurance plans, premiums for coverages, and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. For employees who select single coverage, the Employer will conuibute 100% of the cost of the single premium. For employees who select dependent coverage, the Employer will contribute 50% of the cost of the dependent premium. The Employer will provide $5,000 of term life insurance for each employee. , 9 ARTICLE 14 - INSURANCE (Continued) Retiree Health Benefits 14.2 Employees who retire must meet the foilowing conditions in order to be eligibie for the Employer contribution for retiree health benefts: 14.2(i} Be receiving benefits from a public employee rerirement act covering employees of the Ciry of Saint Paul at the time of retiremenc, and 14.2(2) Have severed hisiher reladonship with the Ciry of Saint Paul under one of the retiree plans, and 14.2(3) Have severed his/her relationship with the Ciry of Saint Paul for reasons other than an invoiuntary termination for misconduct. � Early Refirees (under age 6S� 14.3 For those employees who retire before age 65 and are etigibie for early retiree benefits under the terms set forth in Article 14.2 above and untit such retirees reach s'ucry-five (65} years of age, the Employer shali continue to make the same concribution for early retiree benefits as those for active employees. For early retirees selecting single coverage, the Empioyer wiIl conuibute 100% of the premium cost for single coverage. For earl}� retirees selecting dependent coverage, the Employer wili contribute 50% of the premium cost for dependent coverage. s The Employer wili also continue life insurance beneffts for eligible earty retirees in the same amount as provided to them as active employees. Life insurance benefits terminated at age 65. When such early retiree attains age 65,the provisions of Article 14.4 shali apply. Regular Retirees (age 65 and older) 14.4 Empioyees who retire at or after the age of sixry-five (65) must meet the conditions set forth in Article 14.2. i4.4 (i} For such employees who retire after December 31, 1995, the Employer agrees to contribute a mazcimum of $550.00 per monch toward the premium for singie or dependent health utsurance coverage offered to regular retirees and their dependents. Any unused portion of the Empioyer's conuiburion shall not be paid to the retiree. This Article shall also apply to early retirees upon reaching age 65, who retired after December 31, 1995 under the provisions of Ar[icle 14.2. io � q �-J3�� • ARTICLE 14 - INSURANCE (Continued) Survivor Bene�its 14.5 In the event of the death of an early retiree or a regulaz retiree, the dependent of the retiree shali have the option, within thirty (30) days, to continue the current hospitalization and medical benefits which said dependents previously had, at the premium and Employer contribution accorded to the eligible deceased retiree. It is further understood that coverage shall cease in the event of: 14.5(1) Subsequent remaniage of the surviving spouse of the deceased employee or retiree. 1A.5(2) The employment of the surviving spouse or dependent where health insurance is obtained through a gzoup program provided by said Employer. In this event, however, the surviving spouse or dependent shall have the right to maintain City health insurance for the first ninety (90) days of said employment. • 14.6 The contributions indicated in Articie 14 shall be paid to the Employer's third party administrator or designated represeniative. , 11 ARTICLE 15 - HOLIDAYS 15.1 The folIowing ten (IO) days shall be designated as holidays: � New Year's Day, January 1 Martin Luther King Day, third Monday in January Presidents` Day, third Monday in February Memorial Day, last Monday in May Independence Day,July 4 Labor Day, fusi Monday in September Veterans' Day, November 11 Thanksgiving Day, fourth Thursday in November Day aRer Thanksgiving, fourth Friday in 1Vovember Christmas Day, December 25 I5.2 When New Year's Day, Independence Day or Christmas Day fatls on a Sunday, the fol]owing Monday shall be considered the designated holiday. When any of ffiese three (3) hoiidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. For those employees assigned to a work week other than Monday through Friday, these three holidays shall be observed on the calendar date of the holiday. 15.3 The ten (10) holidays shall be considered non-work days. � I5.4 If, in the judgment of the EMPLOYER, personneI are necessary for operating or emergency reasons, employees may be scheduled or "caIled back" in accordance with Article 10 (CALL BACK). I5.5 Participating employees, as defined in Articles I23, 12.4, 12.5 and 12.6, assigned to work on Martin Luther King Day, President's Day, Day after Thanksgiving, or Veteran's Day, shall be compensated on a straight time basis for such hours worked. 15.6 Participating employees, as defined in ArticIes 12.3, 12.4, 12.5 and i2.6, 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 aII hours worked. 15.7 If an employee other than a Participating Employee is required to work on a designated holiday, he/she shall be compensated at a rate of two (2) times the basic hourly rate for such hours worked. 15.8 Columbus Day and the day before Christmas Day shall be considered work days. AlI employees working on these days shall be compensated on a straight time basis. 12 � q7-i 38� ARTICLE 16 - DISCIP'LINARY PROCEDURES • 16.1 The EMPLOYER shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the EMPLOYER shaIl include only the following actions: 16.2(i) Oral reprimand 16.2(2) Written reprimand 16.2(3) Suspension 16.2(4) Demotion 16.2(5) Discharge 16.3 Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No agpeal of a suspension, demotion, or discharge sha11 be considered a"grievance" for the purpose of processing through the provisions of Article 22 (GRIEVANCE PROCEAURE). � ARTICLE 17 - ABSENCES FROM WORK 17.1 Employees who are unabie to report for their normai 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 wark day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (DISCIPLINARY PROCEDURES). 173 Failure to report for work without notification for thtee (3) consecutive normal work days may be considered a"quit" by the EMPLOYER on the part of the employee. ARTICLE 18 - SENIORITY 18.1 Seniarity, for the purgoses of this AGREEMENT, shall be defined as follows: 18.1(i) "Master Seniority" - the length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and a21 ciass titles covered by this AGREEMENT. , 13 ARTICLE 18 - SEI�IORTTY (Continued) � 18.1(2) "Class Seniority" - the Iengtti of continuous regular and probationary service with the EMPLOYER from the date an employee was first appointed to a ctass titIe covered by this AGRE$MENT. 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 full time position with the iTNION. 18.3 Seniority sha21 terminate when an emp}oyee retires, resigns, or is discharged. 18.4 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force employees wi12 be laid off by class ritie wittun each Department based on inverse length of "Ciass Seniority." Recall from layoff shalI be inverse order of layoff, except that recail rights shall expire after two years of Iayoff. I8.5 The selection of vacauon periods shaIl be made by cIass title based on Iength of °Class Seniority," subject to t6e approval of the EMPLOYER. ARTICLE 19 - JURISDICTION 19.1 Disputes concerning work jurisdiction between and among unions is recogni2ed as an appropriaTe subject for determination by ihe various unions representing employees of the EMPLOYER. 19.2 The EMPLOYER agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involve@. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the EMPLQYER sha21 meet as soon as mutuaIly possible to resolve the dispute. Nothing in the foregoing shalt restrict the right of the EMPLQYER to accompiish the work as originatty assigned pending resolution of the dispute or to restrict the EMPLOYER's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the EMPLOYER and as clarified by Sections I9.2 and 19.3 above shall be subject to discipIinary action as provided in Articie 16 (DISCIPLINARY PROCEDURES). 19.5 There shall be no work stoppage, slow down, or any disruption of work resulting from a work assignment. I4 � - q7-138� � ARTICLE 20 - SEPARATION AND RETIREMENT 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1(i) Resignation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1(2) Retirement. All employees shall retire from employment with ihe EMPLOYER no later than the last calendar day of the month in which an employee becomes sevenry years old. 20.1(3) Discharge. As provided in Article 16. 20.1(4) Failure to Report for Duty. As provided for in Article 17. 20.2 Employees having an emergency, temporary, or provisiona3 employment status may be terminated at the discretion of the EMPLOYER before the completion of a normal work day. • ARTICLE 21 - TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as 1isYed in Appendix E, ARTICLE 22 - GRIEVANCE PROCEDURE 22.1 The EMPLOYBR shall recognize Stewards selected in accordance with UNION rules and regulations as the grievance representative of the bargaining unit. The CTNION shall notify the EMPLOYER in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the EMPLOYER and the i3NION that the processing of grievances as hereinafter grovided 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 responsibiliries. The Steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and ibe empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such ahsence wou]d not be detrimental to the work programs of the EMPLOYBR. / 15 ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) 22.3 The procedure established by ihis ARTICLE sha11 be the sole and exclusive procedure, • except for the appeal of disciplinary action as provided by Article 16.3, for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this AGREEMENT. 22.4 Grievances sfiall6e resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violauon of this AGREEMENT, the emp2oyee involved shall attempt to resolve Lhe matter on an informal basis with the employee's supervisor. If the matter is not resotved to the empioyee's satisfaction by the informal discussion it may be reduced to writing and referred to Step 2 by the UDIION. The written grievance shall set forth the nature of ihe grievance, tiie facts on which it is based, the aileged sections(s} of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) caiendar days of the first occunence of the event giving rise io the grievance or within the use of reasonable diligence should have had knowledge of the first occunence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7} calendar days after receiving the written grievance a • designated EMPLOYER supervisor shail meet with the iJNION Steward and attempt to resoIve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the EMPLOYER shal] reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in wtiting to Siep 3 within seven (7) calendar days following receipt of ihe EMPLOYER's written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMFLOYER'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 shaii meet with the UIVION Business Manager or his designated representative and attempt to resolve the gtievance. Within seven (7) calendar days following this meeting the EMPLOYER shall reply in writing to the tJNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the U2�1ION may refer tiie grievance to Step 4. Any grievance not refened to in writing by the LTNION to Step 4 within seven (7} calendar days following receipt of the EMYLOYER'S answer shall be considered waived. 16 - 97-1388 � ARTICLE 22 - GRIEVANCE PROCEDURE (Continued) Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days aftet the response of the EMPLOYER in Step 3, by written notice to ihe EMPLOYER, request arbitration of the grievance. The azbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the LTNION within seven (7} calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2) names from the panel. The I3nion shail strike the first (lst) name; the EMPLOYER shall then sttike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, 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 UTVION 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 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 arbitrator's interpretation or application of the express terms of this AGREEMENT and the facts of the grievance presented. The decision of the arbitrator shall be finai and binding on the EMPLOYER, the UNION, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the LTNION, provided that each party shall be responsable for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last minute postponement that ]eads to the arbitrators making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it gays 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. r 17 ARTICLE 23 - RIGIiT 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 such conuacting 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. 23.2 The sub-contracting of work done by the employees covered by this AGREEMENT shall in all cases be made oniy to employers 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 empioyees equally without regard to, or discrimination for or against, any individual because of race, coior, creed, sex, age, disability 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 conirary to law by proper legislative, administrative, or judicial auihority from whose finding, determination, or decree no appeal is taken, such provision(s) shall be voided. All other provisions shalI continue in full force and effect. 25.2 The panies agree to, upon written nodce, enter into negotiations to place the voided provisions of the AGREEMENT in campliance with the legislative, administrative, or judicial determination. � - 97-13�'8 � ARTICLE 26 - WAIVER 26.1 The EMPLOYER and the LtNION acknowledge that during the meeting and negotiating which zesulted in this AGREEMENT, each had the right and opportuniry to make groposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of tius right are fully and completely set forth in this AGREEMENT. 26,2 Therefore, the EMPLOYER and the IT2vI0N for the duration of this AGREEMENT agree that the other parry 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. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. ARTICLE 2? - CITY NIILEAGE • 27.1 Automobile 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 are adopted. 27.2 Method of Computation: To be eligibie for such reimbursement, all officers and employees must receive written authorization from the Department 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 empioyee's vehicle is actually used in performing the duties of the 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. , 14 ARTICLE 27 - CITY MILEAGE (Continued) Type 2. If an employee is required to use his/her own automobile REGULARLY during employment, the employee shall be reixnbursed at the rate of $4.00 per day for each day af work. 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 department head or designated representative determines that an employer vehic2e is availabie for the emptoyee's use but the emplayee desires to use his/her own automobile, then the empioyee shall be reimbursed at the rate of $.20 per mile driven and shatl not be eligibte for any per diem. This Anicle 27.2 shall become effective on the first day of the fust month following the date of the signing of this Agreement. 27.3 The Ciry will provide parking at the Civic Center Parking Ramp for City empioyees on either of the above mentioned types of reimbursement plans who aze required to have their persona] car available for City business. Such parking wilI be provided only for the days the employee is required to have his/her own personal caz avaiIable. � 27.4 Rules and Regulations: The Mayor shall adopt rules and regulations governing the . procedures for automobile reimbursement, which regulations and rules shall contain the requirement that recipients shall file daity reports indicating mites driven and shail file monthly a�davits stating the number of days worked and the number of iniles driven, and further require that they maintain automobile liabitiry insurance in amounts of not less than $100,000/$300,000 for personal injury, and $25,000 for properry damage, or liabitity insurance in amounu not less than $300,000 single limit coverage, with the City of Saint Pau1 named as an additional insuted. These rules and regulations, together with the aznendmem thereto, shall be maintained on file with the city clerk. ARTICLE 28 - MATEItNITY LEAVE 28.1 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. Tn the event of an employee's pregnancy, the employee may apply for leave without pay at any tune during the period stated above and the employer may approve such Ieave at its option, and such ]eave may be no longer tfian one {1) year. - I.j/] �j�-!3�'�' � ARTICLE 29 - SEVERANCE PAY 29.1 The empioyer shall provide a severance pay program as set forth in this Article. 29.2 To be eligible for the severance pay program, an employee must meet the following requirements: 29.2(1) The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of the Public Employees Retiremenz Association (PERA) or under the provisions of another public pension plan to which the City of St. Paut contributes. The "rule of 90" criteria shall also apgly to employees covered by a public pension plan other than PERA. 29.2(2) The employee must be voluntarily separated from City employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the City severance pay program. 29.2(3) 1`he employee must have at least ten (10) years of consecutive service under • the classified or unclassified Civil 3ervice at the time of separation. Por the purpose of this Article, employment in either the City or in the Independent 3chool District No. 625 may be used in meeiing this ten (10) year service requirement. 29.2(4) The employee must file a waiver of reemployment with the Personnei Director, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the City or with Independent School District No. 625. 29.2(5) The employee must have accumulated a minunum of sixty (60) days of sick leave credits at the time of his/her separation from service. 29.3 If an employee requests severance pay and if the employee meets the eligibilaty requirements set forth above, he/she will be granted severance pay in an amount equal to one-haTf of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 29.4 The maxunum amount of money that any employee may obtain through the severance pay program is $10,000. , 21 ARTICLE 29 - SEVERANCE PAY (Continued) 24.5 For the purpose of this severance program, a death of an emp2oyee sha11 be considered � as separation of employment, and if the employee would have met a11 of the requiremenis sei forth above, at the tirne of his or her death, payment of the severance pay will be made to the employee's estate or spouse. 29.6 For ihe purpose of this severance program, a transfer from the City of Saint Paul employmeat to Independent Schoal I?istrict No. 625 emp2oyment is not considered a segaration of emplayment, and such transferee shall not be eligible for the Ciry severance program. 29.7 The manner of payment of such severance pay shall be made in accordance with the provisions of Ciry Ordinance No. I1490. 29.8 This severance pay program shall be subject to and governed by the provisions of City Ordinance No. 11490, except in those cases where the specific provisions of this articIe conflict with said ordinance and in such cases, the provisions of this article shali controi. 29.9 The provisions of this article shall be effective as of May 1, 1987. 29.10 Any employee hired prior to February 15, 1974 may, in any event, and upon meeting • the quaiifications of tivs articIe or City Ordinance No. 11490, as amended by Ciry Ordinance No. I6303, section 1, secuon 6, draw severance pay. However, an eIection by the employee to draw severance pay under either this article or the ordinance shall constitute a bar to receiving severance pay from the other. ARTICLE 30 - LEGAL SERVICES 3Q.1 Except in cases of malfeasance in o�ce or willful or wanton neglect of duty, empioyer sha11 defend save harmless and indemnify employee against tort claim or demand whether groundless or orherwise arising oat of alleged acts or omission occuning in the performance or scope of the employee's duries. 30.2 Notwithstanding Article 30.2, the Employer shall not be responsible for paying any legal service fee or for providing any legai service arising from any iegal action where the empioyee is the Piaintiff. 22 - y�-�3�� • ARTICLE 31 - MASTER OF RECORD REQUIREMENT 31.1 The Employer agrees to pay or reimburse employees the cost of the fee for the Minnesota Master Electrician's License for those employees that are recorded at the State af Minnesota as Master of Record for the employer's use. ARTICLE 32 - DURATION AND PLEDGE 32.1 This agreement shall become effective as of May 1, 1997 and shall remain in effect through the 30th day of April, 1999, and continue in effect from year to year therea8er unless notice to change or to terminate is given in the manner provided in Article 32.2 of this Agreement. 32.2 If either party desires to terminate or modify this AGREEMENT, effective as of the date of expiration, the party wishing to modify or terminate the AGREEMENT shail give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the exp'�ration date, provided that the AGREEMENT may only be so terminated or modified effective as of the expiration date. � 32,3 In consideration of the terms and conditions of employment established by this AGREEMENT and the recognition that the GRIEVANCE PROCEDi3RE herein established is the means by which grievances conceming its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the AGREEMENT: 32.3(i) The UNION and the employees will not engage in, instigate, or condone any concerted action in whi�h empioyees fail to report for duty, wiilfully 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 empioyment. 32.3(2) The BMPLOYER will not engage in, instigate, or condone any lock-out of employees. / 23 9�-i3�8 � ARTICLE 32 - DURATION AND PLEDGE (Continued) 32.3(3) Tfiis constitutes a tentative agreement between the parties which will be recommended by the Director of Labor Relations, but is subject to ttie approval of the Adminisuation of the City and is also subject to ratification by the UNFON. • , AGREED and attested to as [he full and compiete understanding of the parties for the period of time herein specified by the signature of the foliowing representative from the EMPLOYER and the UI�TION. WITNESSES: CITY OF SAINT PAUL Mary . Kearney S Director of Labor Relations j1-3-- 2 Date • - ��i� .. , INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 110 3ames R. Wagner Business Manager Frank Gumey President, I,ocal 110 �a�� _� Richard J. y lli Business Representative ia � a3-�� Date 24 e1?-J3�'8 APPENDIX A � The classes of positions recognized as being exclusively represented by the ITNION are as follows: General Lead Electrician In-Charge General L.ead Ele�trician Lead Electrician Elecuician Lighting Maintenance Worker Apprentice Electrician Senior ElectricalInspector ElectricalInspector and other classes of gositions that may be established by the EMPLOYER where the scope of the work duties and responsibilities assigned comes within the jurisdiction of the UNION. � / -Al- q�-1388 APPENDIX B � For all normai work weeks estabiished pursuant to the provisions of Article 8 of this contract, which includes Sunday, the following provisions shall apply and govem: All regulaz electricians employed prior to January i, 1976 shall be offered assignment to the work week on a senioriry basis, and all such employees shall have the right to refuse assignment to the workweek. This refusal is subject to the provisions listed below. 2. All regulaz electricians employed subsequent to 7anuary 1, 1976 may be assigned to vacancies in this work week. All regular elecuicians shail have the right to bid on and obtain assignment of a posiuon occupied by an electrician with lesser class senioriry within 30 calendar days from the date that said position was last filled. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek, to replace an electrician who is absent because of vacation, illness, paid military leave, jury duty or any other ]eave acceptable to both parties. These temporary assignments shal] be made on the basis of seniority and in no instance shall any one employee be required to work on such temporary basis � for more than 15 work days or the total temporary assignment to exceed 90 work days. , � 47-! 3 88 � • � APPENDIX C 1. The basic hourly wage rates for temporary employees appointed to the following classes of positions shall be the following: Elecuician Lead Electrician Electrical Inspector General I.ead Electrician Senior Electrical Inspector General Lead Elecuician In-Chazge Apprentice Electrician lst 950 hours . . . . . . . . . . . 2nd 950 hours . . . . . . . . . . . 3rd 950 hours . . . . . . . . . . . 4th 950 hours . . . . . . . . , . . Sth 950 hours . . . . . . . . . . . 6th 95d hours . . . . . . . . . . . 7th 950 hours . . . . . . . . . . . 8th 950 hours . . . . . . . . . . . Effective !OS 24197 $25.69* $27.89* $27.89* $28.99* $28.94* $30.09* 48% of Electrician Rate 48 % of Electrician Rate 55 % of Electrician Rate 60% of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Biectrician Rate 85% of Electrician Rate * This rate inciudes a 10% Vacation Contribution. Note: There is an additionai taxable fringe contribution listed in Appendix D. -C1- � �J , R7-f�g8 APPENDIX C (Continued) 2. The basic hourly wage rates for provisional, probationary and regular employees appointed to the following classes of positions and who are covered by the provisions of 12.7 of this Agreement (Union benefits) shail be the following: Blectrician Lead Elecuician ElectricalInspector General Lead Electrician Senior ElectricalInspector General I,ead Electrician In-Charge Apprentice Electrician lst 450 hours . . . . . . . . . . . 2nd 95Q hours . . . . . . . . . . . 3rd 950 hours . . . . . . . . . . . 4th 950 hours . . . . . . . . . . . Sth 950 hours . . . . . . . . . . . 6th 950 hours . . . . . . . . . . . 7th 950 hours . . . . . . . . . . . 8th 950 hours . . . . . . . . . . . Effective Effective 04/26/97 OUO I (or closest payroli period) $24.58�` $24.42* $26.69* $26.51* $26.69�` $26.51* $27.74* $27.56* $27.74* $27.56* $28.79* $28.60* 48 % of Electrician Rate 48% of Electrician Rate 55% of Biectrician Rate 60 % of Electrician Rate 70% of Electrician Rate 75% of Electrician Rate 80% of Electrician Rate 85 % of Electrician Rate * This rate inciudes a 10% Vacation Contribution Note: There is an additional taxable fringe contribution listed in Appendix D. 3. The basic hourly wage rates for regular employees appointed to the foliowing classes of positions and who are covered by the provisions of Article 12.2 of this Agreement �Ciry benefits) shall be the following: Electrician Lead Electrician ElecuicalInspector Generai I.ead Elecuician Senior ElectricalInspector General I,ead Electrician In-Chazge Effective Effective 04/26/47 10 f01/48 {or closest payroll period} $24.15 $24.11 $25.97 $25.92 $25.97 $25.92 $26.88 $26.82 $26.88 $26.82 $27.79 $27.73 -C2- 9?-� 13 8s APPENDIX C (Continued) • Apprentice Electrician (Hired prior to March 16, 19"74 - 85 % of Electrician Rate) 4. The basic hourly rate for those holding the tifle Tra�c Lighting Maintenance Worker, who receive no benefits, shall be: Effective 5-27- 5 $ 7.54 The State of Minnesota has changed the Public Employees Retirement Association (PERA) contribution rates for empioyers and employees. The rates listed effective Ianuary 1, 1998 reflect this change. Effective Apri125, 1998, there will be an additional $1.37 per hour increase added to the total package. The parties will agree prior to that date regarding the distribution of the $1.37 between wages and fringes. Employees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the shift are worked between the hours � of b p.m. and 6 a.m., shall be paid a night differential for the entire shift. Empioyees who work on a regularly assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m., but who work less than �ve hours between the hours of 6 p.m. and 6 a.m., shali be paid a night differential for oniy those hours actually worked between the hours of 6 p.m. and 6 a.m. The night differential shali be 5% of the base rates, and shall be paid only for those night shifts actualiy worked. The total cost to the Employer, (including wages, fringes, and pension contributions) for employees covered by this Agreement shall be equivalent in money to the total package paid by the employer to employees in comparable classifications in the Agreement between Local 110 and the National Electrical Contractors Associauon (NECA). The total package cost shali exclude any payments for industry promotion andlor advertisement, or any other purpose not directly and clearly beneficial to the public employer. In the event L,ocai 110 and NECA amend their bargaining agreement to provide for either a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reduction shall be unmediately applicable to the total compensation paid to employees covered � by this Agreement. -C3- 9�-��gg � � / ►��� .���i��►i�, Effective Aprii 26, 1997, the EMPLOYER shaii: (1) Contribute to a Union designated Health and Welfaze Fund $2.52 per hour for ail hours worked by participating employees as defined by this Agreement. (2) Contribute to a Union designated Pension Fund $1.24 per hour for all hours worked by participating employees as defined by ttus Agreement. �or apprentices who started working as an apprentice on or after May 1, 1984, this pension contribution shall be $.29 per hour for the fust 1900 hours of apprentice work, $31 per hour for 1901-3800 hours, $.3b per hour for 3801-5700 hours and $1.24 thereafter. (3) Contribute to a Union designated Appren6ceshig Fund $.22 per hour for ail hours worked by participating employees as defined by this Agreement. (4) Contribute to a Union designated Reserve Trust Fund $1.01 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this reserve trust conuibution shall be limited to $31 per hour for the first 190� hours of apprentice work. $.33 per hour for 1901-3800 hours, $.38 per hour for 3801-5700 hours and $1.01 thereafter. (5) Conuibute to the Union's designated National Employees Ben�t Fund (N.E.B.F.) 3% of the gross wages earned by ail participating employees covered by this Agreement. (6) Contribute to a Union designated Vacation and Holiday Fund 10% oF all wage5 earned by participating employees covered by this Agreement. This conuibution is subject to all payroll deductions. For apprentices who started working as an apprentice on or after May 1, 1984, this regular Vacation and Holiday Fund contribution shall be based on hours worked as an apprentice as shown below: 1ST 1900 1901 THRU 3800 5.5% 6.5% HOURS 3801 THRU 5700 5701 THRU 7600 7.5% 9.5% - D1 - 9 �-13 8S � � r APPENDIX D (Continued) (7) Contribute to a Union designated Suppiemental Pension Fund $1.30 per hour for ail hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May i, 1984, this Supplemental Pension Fund contriburion shall be as follows: : ��� . .t HOUR5 3800-6650 hours $ .65 More than 6650 hours $1.30 (8) Contribute to a Union designated Flexible Benefft Fund $1.65 per hour for all hours worked by participating employees covered by this Agreement. For apprentices who started working as an apprentice on or after May 1, 1984, this Flexible Benefit Fund hourly contribution shall be as foliows: HOURS lst 1900 Ol-3 3801-5700 $.29 $.32 $.35 5701-6650 Over 6650 $ .36 $1.65 (9) Conuibute to the Pub]ic Employees Retixement Association (PERA) the legally established non-negotiated pension contribution. This conYSibution shall be 4.48% of gross earnings and shall be adjusted as required by State I,aw. This conuibution shall increase to 5.18% effective January 1, 1998. The houriy rate of Ciry Benefitted and Participating employees shall be reduced by the actual hourly cost of this contribution; the wages in Appendix C reflect this deduction. -D2- 9�- ! 3S8 APPENDIX D (Continued) � The EMPLOYER shall establish Worker's Compensation and Unemployment Compensation programs as zequired by Minnesota Statutes. . , For the purpose of this Appendix D, "participating employees" shall be as defined as in Articles 12.3, 12.4 and 12.5 of this Agreement. Such employees sha11 not accumulate vacation, sick leave, holiday, funeral leave, jury duty, or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance, or Council Resolution. Participating employees shall not be eligible for any benefits under, nor shall they be govemed by such Rules, Ord'anances, or Resolutions. The EMPLOYER'S fringe benefit obligation to participating emplayees covered by this AGREEMENT is limited solely to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the trustees of the various funds to which ihe EMPLOYER has forwarded contributions and/or deductions. If the IInion elects to have the contributions listed in this Appendix D increased or decreased, the Employer may adjust the applicabie rates in Appendix C of this Agxeement for participating employees in such a way that the total cost of the package (wage rate plus contributions) remains constant. - D3 - 9��13�$ � APPENDIX E Pocket Tool Punch and Be2t 6" Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10" Crescent Wrench Combination Box-Open End Wrenches 3/8" - 3/4 Socket Set of equivalent sizes Cold Chisel and Center Punch Taps: 6/32 - 8J32 - 10i32 - 10i24 - 1/4 20 Tap Wrench File Rasp 12" '/z Round and Rat Tail Hack Saw 12" Blade Screw Drivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife L.ong Nose Piier Diagonal Cutting Pliers 2 Pair Channel Locks 14" Pipe Wrench or Chain Wrench Allen Wrenches Hammer, Ball Peen Scratch Awl Drills - in accordance with Tap sizes 9/32 and 3!8 Fuse Pulier Angle Screw Driver Tool Box to hold the above tools The EMPLOYER shall furnish all other necessary tools or eqnipment. Employees will be . held responsible for toois or equipment issued to them, providing the EMPLOYER furnishes the necessary lockers, "gang box" or other safe place for starage. The EMPLOYER shail replace with similar tools of equal value and quality any of the above listed tools which are turned in by an employee which are no longer serviceable because of wear or breakage, providing the employee has been employed for nine (9) continuous months or more. / The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall only contribute towazd the cost of one pair of shoes per contract year. This reimbursement of $30.00 shail be made only after investigation and approval by the immediate supervisor of the employee. This $30.00 EMPLOYER contribution shali apply only to those employees who are required by the Employer to wear protective shoes or boots. - El - . , , 9�-�3 gg APPENDIX F � WORKING CONDITIONS FOR SENIOR ELECTRICAL INSPECTORS AND ELECTRICAL Il�TSPECTORS As a result of the 1974 settlement, the Parties have established craft-deternuned rates for Senior ElectricalInspectors and for ElectricalInspectors, with ihe specific understanding that such agreement is restricted to establishing rates of pay for such classifications. It is, consequently, agreed that the Employer in applying Ariicle 3- EMPLOYER RIGHTS - of the Mt1INTENANCE LABOR AGREEMENT, shall have the right to operate the Department in the same manner as heretofore, with management rights unaffected, and that the establishment of separate rates for these classifications as well 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 clauns or restrictions be asserted by the Union because members of various Inspector classifications are assigned to work which is also performed by other Inspector classifications. � ' - Fi -