HomeMy Public PortalAboutExhibit MSD 18D MOU Bricklayers Electricians Hoisting MachinistsExhibit MSD 18D
MEMORANDUM OF UNDERSTANDING
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
BRICKLAYERS, LOCAL 1 OF MISSOURI
July 1, 2010 — June 30, 2013
ELECTRICIANS, LOCAL NO. 1
July 1, 2010 — June 30, 2013
INTERNATIONAL UNION OF OPERATING
ENGINEERS, HOISTING LOCAL NO. 513
July 1, 2010 — June 30, 2013
MACHINISTS, DISTRICT NO. 9
July 1, 2010 — June 30, 2013
TABLE OF CONTENTS
ARTICLE I - RECOGNITION 2
ARTICLE II - DUES CHECK OFF 2
ARTICLE III - MANAGEMENT RIGHTS 3
ARTICLE IV - UNION ACTIVITIES 3
ARTICLE V - PROCEDURE FOR HANDLING EMPLOYEE COMPLAINTS..4
ARTICLE VI - PROGRESSIVE DISCIPLINE 8
ARTICLE VII - SENIORITY 9
ARTICLE VIII - APPLICATION OF SENIORITY 9
ARTICLE IX - HOLIDAYS 10
ARTICLE X - VACATION 11.
ARTICLE XI - SICK LEAVE 12
ARTICLE XII - OTHER PAID LEAVE 15
ARTICLE XIII - OVERTIME 16
ARTICLE XIV - TEMPORARY LIGHT DUTY 16
ARTICLE XV - DISABILITY 17
ARTICLE XVI - JOB ASSIGNMENT 17
ARTICLE XVII - MEDICAL INSURANCE 17
ARTICLE XVIII - WORKERS' COMPENSATION 17
ARTICLE XIX - PROBATIONARY PERIOD FOLLOWING DEMOTION OR
TRANSFER 18
ARTICLE XX - PERSONNEL RECORDS 18
ARTICLE XXI - FAILURE TO REPORT TO WORK FOR THREE DAYS 18
ARTICLE XXII - SAFETY COMMITTEE 18
ARTICLE XXIII - SAFETY TRAINING 18
ARTICLE XXIV - SAFETY EQUIPMENT . 19
ARTICLE XXV - ATTENDANCE RECORD .................® 19
ARTICLE XXVI - RULES AND REGULATIONS 19
ARTICLE XXVII - PENSION PLANS 20
ARTICLE XXVIII - CELL PHONE / STAND BY ASSIGNMENT 20
ARTICLE XXIX - DENTAL 20
ARTICLE XXX - VISION PLAN 21
ARTICLE XXXI - STEP INCREASES 21
ARTICLE XXXIII - CONDITIONS AND DURATION OF MEMORANDU 22
RATES EFFECTIVE JUNE 19, 2010 23
RATES EFFECTIVE JUNE 18, 2011 24
RATES EFFECTIVE JUNE 30, 2012 25
WAGE PROVISIONS 26
INDEX 27
II
MEMORANDUM OF UNDERSTANDING
BETWEEN
METROPOLITAN ST. LOUIS SEWER DISTRICT
AND UNIONS NAMED BELOW
This Memorandum of Understanding is entered into between the Metropolitan St.
Louis Sewer District (hereinafter referred to as the "District") and
Bricklayers, Local No. 1 of Missouri
July 1, 2010 — June 30, 2013
Electricians, Local No. 1
July 1, 2010— June 30, 2013
International Union of Operating Engineers,
Hoisting Local No. 513
July 1, 2010— June 30, 2013
Machinists, District No. 9
July 1, 2010 — June 30, 2013
(Hereinafter referred to as the "Union" or "Unions")
It is the intent and purpose of this Memorandum of Understanding to promote
harmonious relations between the parties hereto, as well as the establishment of a
basic understanding relative to personnel policies, practices and procedures, and
matters affecting other conditions of employment.
ARTICLE I - RECOGNITION
Pursuant to and in accordance with the provisions of .§.105.500-105.530,
Revised Statutes of Missouri, and with long established custom and practice, the District
recognizes the following Unions as the exclusive bargaining representatives for all
eligible employees of the District in existing classifications in the bargaining units
hereinafter described.
Bricklayers, Local No. 1 of Missouri
Electricians, Local No. 1
International Union of Operating Engineers,
Hoisting Local No. 513
Machinists, District No. 9
The District agrees that all work regulations as set forth in this Memorandum of
Understanding with respect to rates of pay, work schedules or any and all other working
conditions affected by this Memorandum of Understanding shall apply to all employees
above mentioned as constituting the bargaining units. Additionally, if new job
classifications are established by the Human Resources Department and utilized by the
District, the Director of Human Resources Director shall notify the Union. At the request
of either party, the parties shall meet and confer to determine whether the classifications
are to be included or excluded from the bargaining unit. If the parties are unable to
agree as to whether the job classifications should be included or excluded from the
bargaining unit, the matter shall be decided by the State Board of Mediation.
ARTICLE II - DUES CHECK OFF
Employees of the District in the appropriate bargaining unit aforesaid may
authorize payroll deductions for the purpose of paying union dues.
The procedure which shall be followed by such employees in authorizing
deduction of union dues shall be for each such employee to execute a written request
using an authorized form. Payroll deduction may be revocable by the employee during
the month of June of each year.
Union dues will be automatically revoked under the following conditions:
1. Transfer from one bargaining unit to another;
2. Transfer out of a bargaining unit;
3. Transfer to the Management /Professional Schedule.
In the event the union dues are increased, the Union shall notify the District by
letter certified by the Chief Executive Officer of the Union stating the amount of the
dues. The dues shall be deducted each pay period in an amount certified by the Union,
and the aggregate deduction of all employees shall be remitted together with an
itemized statement to the Union within a reasonable time after deductions are made.
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The Union will indemnify, defend and hold the District harmless against any claims
made and any suits instituted against the District on account of payroll deduction of
union dues. The Union agrees to promptly refund to the District any amounts paid to the
Union in error on account of the payroll deduction provision upon presentation of proper
evidence thereof.
The employee's earnings must be regularly sufficient after other legal and
required deductions are made to cover the amount of appropriate union dues. When a
member in good standing of the Union is in a non -pay status for an entire pay period, no
withholding will be made to cover that pay period from future earnings. In the case of an
employee who is in a non -pay status during only part of the pay period and the wages
are not sufficient to cover the full withholding, no deduction of union dues shall be
made.
ARTICLE III - MANAGEMENT RIGHTS
The Union recognizes that it is the responsibility of the management of the
District to determine the mission, budget, organization, assignment of personnel,
training of personnel, and technology of performing work.
The right to make rules and regulations is an acknowledged function of the
employer and it shall remain the obligation of the management of the District in
accordance with applicable laws and regulations
1. To appoint, evaluate, promote, transfer, layoff, assign and retain employees
in positions within the District;
2. To suspend, demote, discharge or take other disciplinary actions against
employees for legitimate reasons;
3. To maintain efficiency of the operations entrusted to the District;
4. To determine the methods, means, scheduling of work and personnel by
which operations are to be conducted;
5. To take whatever actions may be necessary to carry out the public
responsibilities of the District.
All rights, prerogatives, and authorities which have not been specifically
abridged, deleted, or modified by this agreement are recognized by the Union as being
retained by the District.
ARTICLE IV - UNION ACTIVITIES
The District agrees to recognize the Chief Executive Officer of the Union or his
designee and a reasonable number of shop stewards of the Union duly elected and
appointed under the Union's Constitution and Bylaws.
The Stewards shall be employees of the bargaining unit and the department that they
represent and the Union shall supply the District in writing and shall maintain with the
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District in writing on a current basis a complete list of its business agents assigned to
the appropriate units and authorized shop stewards. One steward shall be designated
as the Chief Shop Steward for the appropriate bargaining unit, if deemed necessary by
the Union.
There shall be one designated shop steward with an alternate per bargaining unit
for each separate facility.
A steward shall be granted permission by his immediate supervisor to handle a
specific complaint and/or grievance with another employee within his bargaining unit.
The supervisor will designate a reasonable amount of time, preferably at the end of the
workday, to handle specific complaints and/or grievances. If the specific ` complaint
and/or grievance involves an employee in another supervisor's area, the steward must
inform the employee's immediate supervisor. Appropriate written documentation,
including employee involved and specific complaint, must accompany steward's
request.
Accredited representatives of Unions, with prior approval, shall have reasonable
access to the premises of the District for a reasonable period of time to consult with
appropriate District officials and Shop Stewards; or with aggrieved employees
concerning grievances. Union stewards shall be allowed during the steward's off time to
post official Union notices on appropriate bulletin boards. Only Union Shop Stewards
shall be allowed to post official Union Notices on appropriate Union Bulletin Boards.
The District shall provide time during the Department's orientation process or
during the new employee's second day of employment for a union representative to
speak to new employees covered by their respective locals.
ARTICLE V - PROCEDURE FOR HANDLING EMPLOYEE COMPLAINTS
The District will maintain monthly Union Management meetings to discuss in good faith
issues that impact their membership. These meetings give the union an opportunity to
weigh in on matters that affect their membership's employment. It is the goal of the
District and the Unions to use this forum to minimize employee complaints.
Step 1. A "complaint" is an employee's informal expression to his/her supervisor
of dissatisfaction with aspects of his employment or working conditions that are outside
the employee's control. All such complaints should be brought to the attention of first -
level supervision within five (5) calendar days after the incident or occurrence giving rise
to the complaint, and every effort should be made by the employee and his/her
supervisor to settle the complaint. A shop steward may be made available if requested
by the employee. After such a discussion, the supervisor will reach a decision and
communicate it orally to the employee within five (5) calendar days.
If the employee is not satisfied with the decision made, the employee may file a
Step 2 grievance in writing.
The following shall be considered non-grievable:
1. All job assignment disputes within a classification shall be resolved through
the recognized Union Business Agent and the Department Director.
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2. All items clearly stated in the Memorandum of Understanding unless
specifically violated.
3. All oral reprimands.
4. All items clearly stated in the Civil Service Rules and Regulations unless
specifically violated.
Only a Manager or Director may determine that a grievance is non-grievable.
Annual employee performance reviews may be appealed through the grievance
procedure under one of the following conditions:
1. The employee's overall rating is either "Needs Improvement" or
"Unsatisfactory Performance".
2. Any individual category in the employee's performance review is
unsatisfactory.
If an employee receives either an "Unsatisfactory Performance" or "Needs
Improvement" rating, he shall be given a detailed explanation on the performance
review form why the employee was unsatisfactory, what areas need improvement, and
what steps need to be taken to improve his work performance.
Employees will be allowed, within five (5) workdays of the supervisor's review, to
submit written comments for attachment to his/her performance appraisal.
Step 2. Within ten (10) calendar days after receiving the Supervisor's decision,
the employee may submit a written grievance to the Division Manager, explaining in
detail why the reply in the previous step was unsatisfactory. The grievance should
include the following information:
a) Employee name, classification title, department;
b) Immediate Supervisor's name, date complaint was discussed with immediate
supervisor, date of reply from immediate supervisor;
c) Statement of Grievance: Date, time and location of occurrence causing
grievance, explanation of what occurred and who was involved;
d) Remedy sought;
e) Employee's signature, date submitted to Division Supervisor;
f) Name of employee representative if one is designated by the employee.
The Division Manager may resolve the grievance by administrative action, or a
meeting may be held with the employee, the designated employee representative, and
the Division Supervisor. His decision will be submitted to the employee in writing within
ten (10) calendar days following receipt of the grievance.
Step 3. Within fourteen (14) calendar days after receiving the manager's
decision, the employee may submit the grievance to his Department Director, explaining
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why the grievance was not resolved in Step 2. The Department Director will be allowed
fourteen (14) calendar days to resolve grievance. A meeting with the employee and any
desired employee representative is required in this process unless the grievance will be
resolved in the employee's favor. If the Union Business Agent has not been involved in
the Step 3 meeting, the matter will be discussed with the Union Business Agent before
a decision is reached.
The Department Director shall render a decision in the matter and notify all
parties in writing within the time frames listed above.
Step 4. Except as provided otherwise hereinabove, all matters subject to the
grievance procedure that have not been resolved in the prior steps may be submitted by
the Union, upon timely request, to Advisory Arbitration as follows:
The Voluntary Arbitration Board shall consist of three (3) members. One (1)
member shall represent and be appointed by the Union. One (1) member shall
represent and be appointed by the District. The third neutral member shall be selected
by the other two (2) members. The Union and the District shall select their respective
Board members within ten (10) calendar days after receiving timely written notice by the
Union of its desire to arbitrate. If the parties/Board members are unable to agree upon
the third member of the Board within ten (10) calendar days, they shall request a panel
of seven (7) arbitrators from the Federal Mediation and Conciliation Service,
Washington, DC from which to select the neutral member. Arbitrators shall be limited to
persons having an office within Eastern Missouri, Southern or Central Illinois. Within
seven (7) calendar days after receiving the list, the parties' panel members shall
alternately strike names from the list provided until there remains a single person who
will be deemed acceptable by both parties, provided that either party may reject one (1)
arbitration panel submitted, with a maximum of three (3) panels to be provided.
2. The arbitrator selected must agree to hold a hearing on the grievance within
thirty (30) calendar days after being notified of his appointment, or another arbitrator
from the arbitration panel list who is available within thirty (30) calendar days shall be
appointed instead, said Arbitrator to be determined in reverse order from the order in
which their names were stricken from the panel.
3. The District and the Union will alternate as to the order in which they strike
names from the panels provided for a grievance, i.e. the party that strikes first from one
arbitration list shall strike second from the next panel submitted. The parties shall
similarly alternate as to the first strike in each new grievance submitted to arbitration.
4. The arbitrator may accept for arbitration and render a decision on only such
subject matters as are subject to the grievance procedure under this Agreement. The
arbitrator shall have no power to add to, subtract from, or to modify, any terms of this
Agreement, any civil service rule or regulation, or any ordinance or policy of the District.
5. Either party may submit a memorandum to the arbitrator at the hearing.
However, post hearing briefs shall not be permitted. The rules of evidence shall not
strictly apply and hearings shall be conducted informally in accordance with the
practices and procedures customarily followed in labor arbitration to the extent
applicable. There shall be no official transcript, of the proceedings except by mutual
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agreement, but either party may tape record the proceedings or have a court reporter
present at its own expense.
6. The neutral arbitrator shall serve as chair of the Arbitration Board. The neutral
arbitrator shall submit his proposed decision to the other two panel members within
twenty (20) calendar days from the close of the hearing. They shall have ten (10)
calendar days to indicate their agreement or submit proposed changes to the decision.
The arbitrator shall issue his/her final decision within ten (10) calendar days thereafter.
7. The Arbitration Board's final decision shall be submitted to the Department
Director; the decision shall be final and binding in that grievance.
8. The arbitrator's fees and expenses shall be paid by the losing party in the
arbitration proceeding. If the arbitrator sustains a grievance in part, he/she shall
determine the appropriate allocation of said fees and expenses.
9. Grievance meetings and arbitration proceedings will normally be held between
the hours of 7:00 a.m. and 6:00 p.m. However, if circumstances require, the District or
the arbitrator may schedule meetings and arbitration proceedings at other times.
Unless the District determines that an employee's absence will unreasonably
interfere with the work at the District, or the schedule of that work, employees may
attend meetings and hearings pertaining to labor-management issues (including
grievances) during scheduled work hours. While attending such meetings, employees
will be paid at the same rate they would have been paid if they had been performing job
duties. Provided, however, that employees will not be paid for attending such meetings
when attendance occurs outside the employee's scheduled work hours.
10. As an alternative method of selecting arbitrators, the parties may request the
Federal Mediation and Conciliation Service to provide them with fifteen (15) panels of
seven (7) names each. The parties shall select one (1) name from each panel to
comprise a list of fifteen (15) arbitrators who shall be divided by lot into three (3) panels
of five (5) arbitrators each. Each panel will be assigned in turn to the next grievance
proceeding to arbitration and the parties shall alternately strike names from that panel to
determine the neutral member. After all three (3) panels have been utilized, their names
shall be reshuffled into three (3) new panels of five (5) names each, and the process of
selecting arbitrators for a specific grievance shall be repeated thereafter. The fifteen
(15) arbitrators selected for these panels shall serve for the terms of this Agreement.
They shall be notified of their selection and agree to serve before being placed on a
panel. Any vacancy shall be filled from a list of fifteen (15) arbitrators submitted by the
Federal Mediation and Conciliation Service for that purpose.
A grievance shall be considered settled at the completion of any step in the
procedure if it is not processed by the employee to the next step within the prescribed
time limit. However, in the event of the unavailability of an individual during the
processing of a grievance, the time limits provided in Steps 2 and 3 may be extended by
mutual agreement between the District, the employee and/or employee representative.
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In the event District management fails to process a grievance to the next step
within the prescribed time limits, the grievance shall be automatically moved to the next
step of the grievance procedure. Step 3 of the grievance procedure will be followed.
The filing of a grievance, or the intention to file, does not relieve an employee in
any way of his responsibility to perform any and all of his assigned duties promptly and
completely.
Nothing in this procedure shall be construed to replace the rights of employees to
Appeals as provided in the Civil Service Rules and Regulations, Rule 15.
An employee shall have the right to be represented by his designated Union
representative at all steps of the grievance procedure.
ARTICLE VI - PROGRESSIVE DISCIPLINE
Discipline within the District shall be for just cause for violation of various rules
and regulations and shall be progressive in nature.
An employee representative will not be required during informal discussions and
counseling between an employee and his immediate supervisor provided no
progressive discipline results from said discussions and/or counseling sessions.
The standardized progressive discipline procedure requires:
1. Oral Reprimand (will only count for six (6) months in the progression);
2. Written Reprimand (will only count for one (1) year in the progression);
3. 3- Day Suspension (will only count for one(1) year in the progression);
4. 10- Day Suspension(will only count for two (2) years in the progression);
5. Dismissal.
This will apply for all violations except for those serious enough to warrant immediate
suspensions or dismissal. An example of such actions could be:
1. Fighting, except in self-defense;
2. Insubordination;
3. Theft or attempted theft;
5. Falsification of District records or falsification of material fact in application for
employment or examination;
6. Bringing weapons onto District property;
6. Drinking alcoholic beverages on duty;
7. Having alcohol or drugs in one's system in violation of the District's Substance
Abuse Policy.
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Appeals From Adverse Actions
A regular employee in the classified service who shall be discharged, demoted,
or suspended without pay shall be presented with written reasons for such discharge,
reduction, or suspension within five (5) days thereafter. The employee may appeal in
writing to the Civil Service Commission within fifteen (15) days of such action. If the
Commission finds that the employee was discharged, demoted, or suspended without
just cause or because of his race, creed, or color, or because of his political, religious,
or Union opinions or affiliations, except affiliations with any group or organization which
seeks or advocates the overthrow of the government of the United States by force or
violence, such employee shall be reinstated in his former position or a position of like
status and pay and shall be reimbursed for any loss of pay.
ARTICLE VII - SENIORITY
Seniority for regular employees of the District shall be credited from the last date
of entering service with the District; however, if two employees have the same seniority,
then the employee with the earliest application shall be considered the senior employee.
Regular employee is defined as: "An employee who has been appointed to a position in
the classified service in accordance with Civil Service Rules and has successfully
completed his/her original appointment probationary period."
Seniority means continuous service with the District reduced by layoffs, special leaves
and any other leave greater than 28 days. Regular employees who leave the District
and who are reinstated to their former class within two years shall be credited with the
amount of continuous service they had when they left the District for purposes of
computing seniority, sick leave, and vacation accrual. A seniority list of employees will
be made available to the Union.
ARTICLE VIII - APPLICATION OF SENIORITY
The District will give strong consideration to the seniority of regular employees in
the following instances:
1. Employees with greater seniority normally shall have first choice for
selection to vacation time within their classification and department
work location. However, if a vacation schedule has been
established, the senior employee may not displace a less senior
employee who had already been granted the vacation time. If an
employee is reassigned or promoted to another location, who had
already been granted vacation time, his name will be placed on the
vacation schedule of the new location for that same time period.
2. District Initiated Reassignments
a) If one employee volunteers for such reassignment, he/she will be
reassigned.
b) If more than one employee volunteers for such reassignment, the
District will reassign on the basis of highest seniority.
c) If no employee volunteers, the District will reassign on the basis of
lowest seniority.
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d) In special circumstances, the Appointing Authority can override a
reassignment. Before taking such action, a conversation must take
place between the Appointing Authority and the Business Agent.
Employee Initiated Reassignments
After the District has posted a notice to develop an eligibility list, the District
will apply the following rules when these conditions exist for employees:
a) Within the same job title,
b) When a reassignment was requested to that location within the prior
twelve (12) months period but prior to the issuance of the Certification
for a current vacancy, and
c) When an overall rating of "Proficient" on their last performance review
is achieved, then:
1. If one employee volunteers for such reassignment, he/she
will be reassigned.
2. If more than one employee volunteers for such
reassignment, the District will reassign on the basis of
highest seniority.
3. If no employee volunteers, the District will reassign on the
basis of lowest seniority.
In special circumstance, the Appointing Authority can override a
reassignment. Before taking such action, a conversation must take place
between the Appointing Authority and the Business Agent.
3. In the event of promotions (to positions represented by the Union) where
all factors are substantially equal, seniority will prevail. For promotional
interviews (to positions represented by the Union) the panel shall consist
of at least one Department of Human Resources representative and one
Union appointed supervisor.
4. Whenever possible and in the best interest of the District,
overtime shall be distributed equally among those employees in
the department, or other organizational unit, qualified to perform
work required. Where overtime ours are equal within the
appropriate group, seniority will be the tiebreaker in selecting
the employees to work.
ARTICLE IX - HOLIDAYS
The District shall observe the following paid holidays:
New Year's Day January 1St
Martin Luther King's Birthday Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day First Monday in September
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Veterans' Day
Thanksgiving Day
Thanksgiving Friday
Christmas Day
Special Holidays
As designated by the Governor of Missouri
As designated by the President of the United States
As designated above
December 25th
Other days designated by the Executive Director and
approved by the Board of Trustees.
In addition, employees who have completed their original probationary periods
are entitled to two (2) paid Personal Holidays, which must be scheduled and approved
in advance. Employees working rotating shifts must submit such request at least seven
(7) days in advance of the date requested in order to allow adequate time for scheduling
of work.
Holidays which fall on Sunday shall be observed on the following Monday, and
those which fall on Saturday shall be observed on the preceding Friday. Holidays shall
be considered as time worked for the purpose of computing overtime.
In order to receive pay for a holiday, the employee must be in an authorized pay
status on both scheduled workdays immediately preceding and following the holiday
observance.
Employees who are required to work holidays shall receive holiday pay, and in
addition, shall be paid one and one-half times their regular rates of pay for the time
worked.
ARTICLE X - VACATION
Accruing of Vacation
An employee is eligible for vacation leave after successful completion of his/her
initial probationary period. Regular full-time employees in the classified service shall
accrue vacation in accordance with the following chart:
Length of Service
❑ Less Than 5
Years
❑ 5 But Less
Than 10 Years
❑ 10 But Less
Than 20 Years
❑ 20 Or More
Years
Maximum
Accumulation at
Annual Accrual End of Payroll Year
10 Days 30 Days
15 Days 35 Days
20 Days 40 Days
25 Days 45 Days
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Vacation schedules shall be established by Appointing Authorities.
Granting of Vacation Leave
1. Vacation leave must be scheduled and approved in advance.
2. Employees must submit vacation leave requests no later than the close of the
employee's workday immediately preceding the vacation period provided,
however, employees eligible for shift differential must submit vacation leave
requests at least seven (7) calendar days in advance of the starting date of
the vacation period. However, shift employees may be granted a personal
emergency vacation day, if requested twenty-four (24) hours in advance.
3. After the initial one -hour increment, vacations can be taken in 0.1 -hour
increments.
4. The appointing authority may grant Emergency Vacation not to exceed three
(3) workdays in any calendar year when an employee submits a request for
vacation upon a substantial emergency such as:
a. An approved illness for which the employee has no accrued sick leave.
b. Snow or ice conditions which prevent an employee from reporting for
work.
c. Any other conditions beyond the employee's control which may
constitute an emergency.
ARTICLE XI - SICK LEAVE
Purpose
The purpose of this policy is to provide uniform procedures for the administration
of paid sick leave provided under Civil Service Rules and Regulations.
Eligibility
All classified employees occupying regular full-time positions in the District
service shall, upon completion of three (3) months service, accrue sick leave to provide
compensation for absences due to bona fide illness. Sick Leave Accrual
Rate of Accrual
Upon completion of three months of service, covered employees shall accrue
sick leave based upon completed months of continuous District service.
The sick leave accrual is as follows:
District Service
Up to 5 years
5 to 20 years
20 years or longer
Accrual Rate
10 days per year
11 days per year
12 days per year
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Responsibilities
A. Department Head Responsibilities
Paid sick leave is a privilege and is to be granted only when and to the
extent necessary. Department Heads are responsible for maintaining
accurate attendance records and establishing internal controls necessary
to implement this policy and to prevent abuse of the sick leave privilege.
B. Employee Responsibilities
Employees are responsible for providing timely notifications of absence
and for furnishing requested documentation of the need to utilize sick
leave.
Administration
Payment of sick leave will be made for absences due to medical or dental needs
of the employee or a member of the employee's family, as defined in the "Illness in
Family" section of this article.
1. To qualify for paid sick leave, the employee must notify the supervisor as
soon as possible as the employee is aware of a pending absence. If
advanced notice cannot be given, the employee must notify the supervisor
before the regular scheduled starting time of the normal workday. During
this conversation, the employee must tell the supervisor of the approximate
duration of the absence.
2. An employee who leaves work during the day due to illness may have this
time charged to sick leave, if there is compliance with other sections of the
policy.
3. For medical or dental appointments during a normal workday with notice at
least the day before, the employee may use up to four (4) hours of sick
leave.
4. Sick leave for individual days or for three (3) consecutive days or less will
not require verification from a licensed physician or medical provider, unless
the employee has demonstrated a pattern of excessive usage.
5. Sick leave for time in excess of three (3) consecutive days requires a written
verification of disability from a licensed physician or medical provider. This
verification of disability must be presented to the employee's supervisor
upon return to work.
6. Upon request, if an employee fails to provide complete and accurate
verification of the sick leave, then sick leave payment may be denied.
7. No sick leave payments will be made if the employee is incapacitated as a
result of working for another employer.
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Illness in Family
The appointing authority may grant sick leave to an employee for the purpose of
caring for a relative who resides in the employee's household if such care is necessary
and if no reasonable alternative care is available. Administrative Rules Numbers Four
(4) and Five (5) stated above will apply to illness in Family.
For a long-term serious FMLA certified illness with duration of greater than fourteen (14)
consecutive days, and if all but one (1) week of vacation time is exhausted, the
employee may use accrued sick leave to care for a relative who resides in the
employee's household. Use of sick leave is limited to 30 days in duration. No sick
leave payments will be made for leave that is approved under the Family and Medical
Leave Act for a relative residing in the employee's household except as provided for in
this section.
Control of Sick Leave
Reasonable control measures are necessary to prevent abuse of sick leave
privilege and to insure equality of treatment for all employees.
Sick leave utilization will be audited. An employee will be subject to discipline for
excessive use if the employee has an established pattern of use. Employees using five
(5) days or more will receive counseling on the sixth (6th) occurrence. On the seventh
(7th) occurrence progressive discipline will begin starting with an Oral Reprimand.
Good Attendance
As an award for good attendance, employees who are absent three (3) days or
less each payroll year shall receive a floating holiday the following year. Absences for
jury duty with pay, funeral leave with pay, vacation with pay, family medical leave
(whether or not substituted with other leave), military leave with pay, and paid holidays
are not to be included in computing the above three days. However, time charged to
Workers' Compensation or job injury is considered absenteeism in computing eligibility
for the floating holiday.
In calculating small amounts of sick leave or tardiness without pay, such
absences should be disregarded so long as the accumulated amount for the year does
not exceed two hours over the three days.
Employees hired during the payroll year will be eligible for the floating holiday on
the following basis:
Maximum
Days Absent
Employees hired on first day of payroll year 3
Employees hired second day through March 31 2
Employees hired April 1 through August 31 1
Employees hired after August 31 Ineligible
14
Perfect Attendance
Employees shall be eligible to receive an additional floating holiday the following
year for perfect attendance. Absences for jury duty with pay, funeral leave with pay,
vacation with pay, military leave with pay, and paid holidays are not to be included in
computing the additional floating holiday.
To be eligible the employee must be on the payroll for the preceding full payroll year.
(Note: payroll year begins with the first full pay period for the first paycheck in the new
calendar year.)
ARTICLE XII - OTHER PAID LEAVE
Leave Due to Death
When a death occurs within an employee's immediate family, he/she may
request paid leave in accordance with this paragraph. Upon approval of his/her
appointing authority, an employee may receive such leave which shall not exceed four
(4) workdays (a maximum of thirty-two [32] hours) within the fourteen (14) day period
commencing with the day of death.
Leave for Voting
On any day in which a"public election is held, employees who are registered to
vote at such election shall be granted time off from work with pay for the purpose of
voting as follows:
1. Employees shall be allowed to report for duty three (3) hours after the
opening of the polls; or
2. Employees shall be allowed to leave duty three (3) hours before closing of
the polls; or
3. For scheduling purposes, employees may be allowed to be absent from duty
during working hours for a specified period of time, not to exceed three (3)
hours, if approved by the Department Director or authorized representative.
Time off for voting must be requested prior to the day of election.
Jury Leave/Witness Pay
All regular employees shall be allowed leave with pay for absence required for
jury duty. The employee is required to notify his supervisor immediately upon receiving
notification for jury duty, and to submit proof of attendance to be entitled to jury leave
pay.
In the event an employee who is not a party to the litigation is subpoenaed to
appear in a court of record as a witness, such employee shall be allowed leave with pay
for the time he is required to attend court (the employee is required to submit proof of
attendance to be entitled to witness pay) .
15
ARTICLE XIII — OVERTIME
The scheduling of overtime work may be required to meet specific work
demands. Employees assigned to positions in salary Schedule A (Clerical and
Administrative) or salary Schedule B (Labor and Trades) are eligible for overtime pay.
Authorized work performed by such employees in excess of forty (40) hours per week or
unless provided otherwise in an approved revised work schedule, eight (8) hour per day
is paid at one and one-half times the employee's regular rate of pay.
Paid vacation hours, funeral leave, approved sick leave hours, excused
excessive overtime hours and workers' compensation hours are considered time
worked in determining an employee's eligibility for overtime pay.
When a holiday falls on an employee's regularly scheduled work day and the
employee is eligible for holiday pay, those holiday hours paid are credited toward the
weekly total in determining eligibility for overtime pay for that week.
On the other hand, if an employee is required to work on a holiday, the employee
will receive eight (8) hours holiday pay, and be paid time and one-half for the actual
hours worked. The holiday hours paid are credited toward the weekly total in
determining eligibility for overtime pay for that week.
Employees who work Easter Sunday will be paid double time for the actual hours
worked. Call -in hours are considered actual hours worked.
Whenever possible and in the best interest of the District, overtime shall be
distributed equally among those employees in the department or other organization unit
qualified to perform work required.
The District will accept suggested changes to procedures from the employees at
each location for the formulation of equal distribution of overtime in accordance with
Civil Service Rules. Final decision on overtime procedures will remains with District
management.
An employee working overtime as an extension of the regular shift shall be
afforded a fifteen (15) minute break after every two (2) hours worked and a thirty (30)
minute lunch break after four (4) additional hours worked.
ARTICLE XIV - TEMPORARY LIGHT DUTY
If an employee is injured on the job and the impairment does not arise to the
level of a disability, and because of such impairment the employee is not able to
perform his/her regular duties in accordance with the District's Light Duty Policy, such
employee will be assigned to light duty at no loss of pay so long as work remain
available.
16
ARTICLE XV - DISABILITY
An employee may be separated from the District service for disability when
he/she cannot perform the essential job functions with reasonable accommodation or
when the accommodation would impose an undue hardship on the operation of the
business of the District.
ARTICLE XVI - JOB ASSIGNMENT
Employees will not be assigned to positions unless they meet the minimum
qualifications of the positions. This does not apply to employees who are in District
Training Programs, or who are receiving departmental cross -training.
No District employee except Heavy Equipment Operators shall operate heavy
equipment in the plants, pump station groups or yards.
ARTICLE XVII - MEDICAL INSURANCE
The District will provide hospitalization and medical insurance for all employees.
The District will contribute toward the cost of coverage as outlined in the following:
The District will contribute toward the cost of coverage as outlined in the following:
A) As long as the medical costs for Employee -Only coverage remains below
the threshold, the District will continue to pay 100%. The threshold is set
at $434.04 under the terms of the last MOU. When the cost of the
Employee -Only coverage exceeds the threshold, the employees will pay
the amount of the increase above the threshold up to 10% of that year's
premium amount.
B) District pays 75% of cost for dependent coverage.
C) Retirees that qualify for Rule of 75 or age 62-65 may elect Employee -Only
coverage at the active Employee -Only co -payment as described in "A"
above. Retirees may purchase dependent coverage at the rate of the cost
of the monthly premium.
See Pension Plan Summary of Benefits Supplement for medical insurance
benefits for all retired employees.
The hospitalization and medical insurance will be contracted by the District after
conferring with the Unions on the benefits and costs for such programs. Before
presenting periodic modifications to the plan to a subcommittee of the Board, the District
will notify the Unions a minimum of three weeks before to discuss these plan
modifications.
ARTICLE XVIII - WORKERS' COMPENSATION
Employees are entitled to benefits as provided by the Workers' Compensation
Law of the State of Missouri.
17
If an employee is injured on the job, and because of such injury is unable to
perform his regular duties in accordance with the District's job injury procedure, the
employee is entitled to benefits as provided by the Workers' Compensation Law of the
State of Missouri.
Employees may elect to use either accumulated sick leave or vacation if
available to supplement Workers' Compensation pay, in order to receive full pay during
the injury period.
If an employee elects to use his sick leave or vacation as a supplement, he will
be charged only the pro -rated number of hours needed. Supplemental sick leave and
vacation hours are taxable.
If the injury exceeds fourteen (14) days as prescribed by current law, the
employee will be paid for the first three (3) days of the job injury at the Workers'
Compensation rate. If an employee has elected to use either sick leave or vacation
leave for these first three (3) days, no adjustment or reinstatement of the time will be
made.
ARTICLE XIX - PROBATIONARY PERIOD FOLLOWING DEMOTION OR TRANSFER
The transfer or demotion of an employee may require a probationary period.
ARTICLE XX - PERSONNEL RECORDS
The Director of Human Resources shall maintain a master personnel file on each
employee. If the employee wishes to review the contents of his file, he or she can make
arrangements to do so by appointment on his/her own time.
ARTICLE XXI - FAILURE TO REPORT TO WORK FOR THREE DAYS
Any employee who fails to report to work for three (3) or more consecutive
working days without notice, unless he / she has good cause or reason for failing to
provide such notice, will be considered as having quit or resigned.
ARTICLE XXII - SAFETY COMMITTEE
Safety committees will be established and composed of representatives from the
appropriate bargaining units and management.
ARTICLE XXIII — SAFETY TRAINING
The District will issue a new Safety Manual in fiscal year 2011. The District will
provide safety training on a bi-monthly schedule or as deemed necessary.
First Aid and CPR Training will be provided annually at District expense to
approximately twenty-five (25) percent of the District's work force.
Employees should bring all hazardous working conditions to the attention of the
employees' supervisor. If the supervisor needs a second opinion on a particular
situation, the supervisor will contact the District's Safety Division.
18
The District proposes to place and maintain emergency oxygen units at District
manned facilities and in crew vehicles with two or more employees.
First Aid and CPR Training will be expanded to cover Hazardous Material
Training.
The District with schedule up to twenty-five (25) percent of its represented staff to
attend union sponsored training sessions up to two (2) days annually with pay if the
subject matter is applicable to the employee's job responsibilities. The District must
receive a minimum of one (1) week's notice prior to the scheduled training with the
names of the employees requested to attend.
ARTICLE XXIV - SAFETY EQUIPMENT
To improve safety and reduce accidents, the District will contribute towards the
purchase of authorized (ANSI approved) safety equipment for employees designated by
the District's Risk Management Division:
Maximum Paid by the District per Year
July 2010 — June 2011 $200
July 2011 — June 2012 $200
July 2012— June 2013 $200
Safety Equipment must be purchased from authorized vendors. With the
purchase of safety shoes, other items may be purchased to spend the yearly amount as
long as there is only one receipt submitted for the sale.
It is mandatory that safety shoes be worn in conformance with the District's
footwear safety practices.
Safety glasses may also be purchased from this allowance.
ARTICLE XXV - ATTENDANCE RECORD
An employee may view his/her attendance record through the Employee Self -
Service feature of the Oracle software programs.
ARTICLE XXVI - RULES AND REGULATIONS
The District will furnish to each shop steward a copy of the current Civil Service
Rules and Regulations. In addition, official policy statements, which affect working
conditions of the represented groups, will be furnished as they are published. Except in
emergencies, the District will confer with the appropriate Union in a good faith effort to
reach an understanding to effectuate any change or modification in Regulations or
policies. In addition all employees may view such documents on the District's Intranet.
19
ARTICLE XXVII - PENSION PLANS
An employee of the District hired prior to January 1, 2011 becomes a member of
the defined benefit pension plan who works at least 1,000 hours per year and is in the
classified service according to Civil Service Rules (or who is in the unclassified service).
An employee of the District hired after December 31, 2010, or an employee with
less than ten (10) years of service as of this date who voluntarily elects to participate by
filing a timely election notice, becomes a member of the defined contribution retirement
plan. This plan consists of an annual District Basic Contribution of 7% of covered
wages and a District Matching Contribution of 50% on an employee's Voluntary Savings
Contribution of the first four (4) percent placed into the Plan.
Please refer to the, District ordinances for specific plan provisions.
The Board of Trustees of the District will review the pension plans annually in the
fourth quarter of each calendar year. The purpose of the annual review shall be to
determine if an adjustment in such post retirement benefit increases is appropriate
taking into consideration all of the relevant facts and circumstances applicable to the
pension plans and to the District.
ARTICLE XXVIII — CELL PHONE / STAND BY ASSIGNMENT
The District will enter into a lease agreement with a phone service company to
supply a cell phone to each employee assigned to a standby crew or work group within
the District. The cell phones will be rotated from one standby crew to another in
sequence to the established rotation schedule.
The employees who are assigned to standby duty are responsible for the
assurance that the cell phone units are operative and properly functioning. Personnel on
assigned standby duty shall be responsible for being available for call at a phone
number designated by the employee in accordance with Civil Service Rules and
Regulations.
Each member of an assigned standby crew or work group is responsible for
obtaining and securing a cell phone from a member of the crew or work group that
preceded them on assigned standby duty. This shall be done on the employee's time
and shall not interfere with, or disturb, the daily operations of the employee's work
schedule.
ARTICLE XXIX - DENTAL
The District will contribute $10.00 per month toward the cost of employee dental
insurance for the duration of this MOU.
20
ARTICLE XXX - VISION PLAN
The District will contribute $100.00 per fiscal year (July 1 through June 30)
toward the cost of employee prescription eyewear for the duration of this MOU.
Employees may use $100.00 annually or may carry over unused dollars for a maximum
of three years or a maximum of $300.
This benefit may be used towards the payment of Lasik eye surgery or
comparable medical eye surgery.
The District will provide prescription safety glasses on a bi-annual schedule to
employees working in positions that require safety glasses.
ARTICLE XXXI - STEP INCREASES
Employees within the bargaining units with a "Proficient" or above performance
rating, who are currently not at the top step, will receive a step increase at the time of
their next scheduled wage increase date.
Incremental pay increases are not guaranteed. Pay increases are subject to
changes in the Memorandum of Understanding. The District reserves the right to make
changes to the pay plan and incremental pay increases as outlined in Civil Service
Rules and Regulations and as directed by the Board of Trustees. Any such changes
may affect when and how these increases are administered.
21
ARTICLE XXXIII - CONDITIONS AND DURATION OF MEMORANDUM
The Charter, Civil Service Rules and Regulations, District Policies or Ordinances
will prevail in the event there is a conflict in this Memorandum and the laws and
regulations of the District.
This Memorandum of Understanding shall remain in full force and effect
commencing on the date of signing and ending on the 30th day of June 2013.
By
Jeffrey L. Theerman
Metropolitan St. Louis Sewer District
By
Gary L. Broccard
International Union of Operating Engineers Hoisting Local No. 513
By
Michael H. Louis
Machinists, District 9
By
John Finder
Bricklayers, Local No. 1 of Missouri
By
Stephen P. Schoemehl
Electricians, Local No. 1
22
RATES EFFECTIVE JUNE 19, 2010
B SCHEDULE
Applicable to all Classes in the Labor and Trades Group eligible for membership in IUOE Local 513,
Bricklayers' Local 1, Electricians Local 1, and IAM District 9.
Step 1
Hourly Rates
Step 2 Step 3 Step 4 Step 5 Step 6
Grade
1 12.23 12.76 13.29 13.83 14.38 14.96
2 12.76 13.29 13.82 14.39 14.97 15.57
3 13.29 13.81 14.38 14.97 15.57 16.19
4 13.81 14.38 14.96 15.57 16.19 16.84
5 14.38 14.96 15.55 16.19 16.84 17.51
6 14.96 15.55 16.19 16.85 17.52 18.22
7 15.55 16.19 16.88 17.57 18.27 19.00
8 16.19 16.88 17.60 18.32 19.05 19.81
9 16.88 17.60 18.35 19.10 19.86 20.65
10 17.60 18.35 19.15 19.94 20.74 21.57
11 18.35 19.15 20.00 20.82 21.65 22.52
12 19.15 20.00 20.87 21.73 22.60 23.50
13 20.00 20.87 21.84 22.74 23.65 24.60
14 20.87 21.84 22.84 23.78 24.73 25.72
15 21.84 22.84 23.89 24.87 25.86 26.89
16 22.84 23.89 24.99 26.01 27.05 28.13
17 23.89 24.99 26.16 27.23 28.32 29.45
18 24.99 26.16 27.39 28.51 29.65 30.84
19 26.16 27.39 28.71 29.89 31.09 32.33
RATES EFFECTIVE JUNE 18, 2011
B SCHEDULE
Applicable to all Classes in the Labor and Trades Group eligible for membership in IUOE Local 513,
Bricklayers' Local 1, Electricians Local 1, and IAM District 9.
Hourly Rates
Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
Grade
1 $12.54 $13.08 $13.62 $14.18 $14.74 $15.33
2 $13.08 $13.62 $14.17 $14.75 $15.34 $15.96
3 $13.62 $14.16 $14.74 $15.34 $15.96 $16.59
4 $14.16 $14.74 $15.33 $15.96 $16.59 $17.26
5 $14.74 $15.33 $15.94 $16.59 $17.26 $17.95
6 $15.33 $15.94 $16.59 $17.27 $17.96 $18.68
7 $15.94 $16.59 $17.30 $18.01 $18.73 $19.48
8 $16.59 $17.30 $18.04 $18.78 $19.53 $20.31
9 $17.30 $18.04 $18.81 $19.58 $20.36 $21.17
10 $18.04 $18.81 $19.63 $20.44 $21.26 $22.11
11 $18.81 $19.63 $20.50 $21.34 $22.19 $23.08
12 $19.63 $20.50 $21.39 $22.27 $23.17 $24.09
13 $20.50 $21.39 $22.39 $23.31 $24.24 $25.22
14 $21.39 $22.39 $23.41 $24.37 $25.35 $26.36
15 $22.39 $23.41 $24.49 $25.49 $26.51 $27.56
16 $23.41 $24.49 $25.61 $26.66 $27.73 $28.83
17 $24.49 $25.61 $26.81 $27.91 $29.03 $30.19
18 $25.61 $26.81 $28.07 $29.22 $30.39 $31.61
19 $26.81 $28.07 $29.43 $30.64 $31.87 $33.14
24
RATES EFFECTIVE JUNE 30, 2012
B SCHEDULE
Applicable to all Classes in the Labor and Trades Group eligible for membership in IUOE Local 513,
Bricklayers' Local 1, Electricians Local 1, and IAM District 9.
Hourly Rates
Grade Step 1 Step 2 Step 3 Step 4 Step 5 Step 6
1 $12.91 $13.47 $14.03 $14.60 $15.18 $15.79
2 $13.47 $14.03 $14.59 $15.19 $15.80 $16.44
3 $14.03 $14.58 $15.18 $15.80 $16.44 $17.09
4 $14.58 $15.18 $15.79 $16.44 $17.09 $17.78
5 $15.18 $15.79 $16.42 $17.09 $17.78 $18.49
6 $15.79 $16.42 $17.09 $17.79 $18.50 $19.24
7 $16.42 $17.09 $17.82 $18.55 $19.29 $20.06
8 $17.09 $17.82 $18.58 $19.34 $20.11 $20.91
9 $17.82 $18.58 $19.37 $20.16 $20.97 $21.80
10 $18.58 $19.37 $20.22 $21.05 $21.90 $22.77
11 $19.37 $20.22 $21.12 $21.98 $22.86 $23.78
12 $20.22 $21.12 $22.03 $22.94 $23.86 $24.81
13 $21.12 $22.03 $23.06 $24.01 $24.97 $25.97
14 $22.03 $23.06 $24.11 $25.11 $26.11 $27.15
15 $23.06 $24.11 $25.22 $26.26 $27.30 $28.39
16 $24.11 $25.22 $26.38 $27.46 $28.56 $29.70
17 $25.22 $26.38 $27.62 $28.75 $29.90 $31.09
18 $26.38 $27.62 $28.92 $30.10 $31.30 $32.56
19 $27.62 $28.92 $30.31 $31.56 $32.82 $34.13
25
WAGE PROVISIONS
Shift Premium Pay
An employee who is regularly assigned to work on a shift basis shall be
paid as follows: (1) employees on the second shift shall receive premium pay at the rate
equivalent to five (5) percent above the normal rate for time worked on the second shift;
(2) employees on the third shift shall receive premium pay at the rate equivalent to ten
(10) percent above the normal rate for time worked on the third shift.
Higher Skills Rate of Pay
An employee eligible for membership in IUOE No. 513, Machinist No. 9,
Bricklayers No. 1, Electrician No. 1, AFSCME No. 410, and SEIU No. 2000 regularly
assigned to work on a shift basis who is temporarily assigned for a minimum of two (2)
hours or longer to a vacancy in a higher -rated Schedule "B" classification shall receive,
for the duration of such assignment, a higher -skills rate of one increment or the minimum
rate of such higher class, whichever is greater.
Higher skills rates may, when approved by appointing authorities, be paid
to other employees temporarily assigned to higher -rated Schedule "B" classifications in
accordance with the applicable Civil Service Rules and Regulations.
Compliance with Civil Service Rules
Nothing in this ordinance shall be construed to authorize the increase of
an employee's salary rate to a level higher than the range to which the employee's
classification is assigned, or to conflict with the Civil Service Rules and Regulations, or to
District Policies and Procedures.
26
INDEX
Page
Application of Seniority 9
Attendance Record 19
Conditions and Duration of Memorandum 22
Dental 20
Disability 16
Dues Check Off 2
Failure to Report to Work for 3 Days 18
Holidays 10
Job Assignment 17
Management Rights 3
Medical Insurance 17
Other Paid Leave 15
Overtime 16
Pension Plans 20
Personnel Records 18
Probationary Period Following Demotion or Transfer 18
Procedure for Handling Employee Complaints 4
(Grievance Procedure)
Progressive Discipline 8
Recognition 2
Rules and Regulations 19
Safety Committee 18
27
Index (Cont.)
Page
Safety Equipment 19
Safety Training 18
Step Increases 21
Seniority 9
Sick Leave 12
Cell phone / Stand By Assignment .20
Temporary Light Duty 16
Union Activities 3
Vacation 11
Vision Plan 21
Wage Rates (Schedule B - June 19, 2010) 23
Wage Rates (Schedule B - June 18, 2011) 24
Wage Rates (Schedule B - June 30, 2012) 25
Wage Provisions 26
Workers' Compensation 17
28