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98-724ORIG�NAL RESOLUTION OF SAINT PAUL, MINNESOTA Council File # �[$�?a.� Green Sheet # 62408 /� Presented by�/( �� L,�f��//v�� Referred To Committee Date 1 RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 1997-1998 Agreement between the Independent School District No. 625 and School Service Employees 3 Local #284, S.E.I.U., AFL-CIO representing Cook Managers. DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 62408 ��'� �y LABOR RELATIONS 7uly 28, 1998 CONTACT PERSOI� & PHONE: � INI77qLppTE 1T777pIJpp'[� J[JLIE KRAUS 266-6513 ASSIGN 1 DEPARl'MENT DIR �_ 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY �_ CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGET DIR. � FIN. & MGT. SERVICE DIR ROUTSNG 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATIJRE PAGES_i (CLIP ALL LOCATIOYS FOR SIGNA7L'RE) ncnox �Qussten: This resolution approves the attached 1997-1998 Agreement between Independent School District No. 625 and School Service Employees Local #284, S.E.I.U. AFL-CIO, representing Cook Managers. RECOivIIviENDATTONS: Approve (A) or RejeM (it) PERSONAL SERVICE CONTAACTS MUST AWSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CiVIL SERVICE COMMISSION 1. Haz fl�is person/firm ever worked under a conVact for this depar[mrnt? _CIB COMIvDTTEE Yes No �STAFF 2. Has this petsontfirm ever been a ciry employee? DISTRICTCOURT Yes No SUPPORTS WFDCH COL7NCIL OBIECTIVE? 3. Dces this person/firm possess a ski7l not normally possessed by any current city emptoyee? Yes No Explain aFl yes answers on separate sheet and attach to greeo sheet INIT[ATING PROBLEM, ISSUE, OPPORT[)IVITY (Who, What, When, Where, Why): ADVAN7'AGES IF APPROVED: This Agreement pertains to Board of Education empioyees only. REGEtVED AUG 0 3 lggg DISADVANTAGESIFAPPROVED: �Q ��,� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FIJNDING SOURCE: ACfrvTfY NUMBER: FINANCWL INFORMATION: (EXPLAII� V'i1��L�1 R�Sp�IC�! �a�£��v' Ai�� 439 ,'3,"nY" t 7" f � " # � i°u'- ..ro� ; r r �w:: �"1.i.a''x�x• � a 's' �:,':;.: JU4. 3 ; 1�9� ��T`� ��`��`�� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUSLIC SCHOOLS DATE: November i8, 1997 � ,��y TOPIC: Approvai of Empioyment Agreement Between fndependent School District No. 625, Saint Pau! Public Schools, and Schooi Service Employees, Local No. 284, Excfusive Representative for Cook Managers A. PERTlNENT FACTS: 1) New Agreement is for a one-year period from July i, 1997 through June 30, 1998. 2) Contract changes are as follows: Empioyer/Employee Rights: Language inciuded describing typical management and employee rights. HolidaysNacation: Replaced the Columbus Day holiday with the Day after Thanksgiving and transferred Veterans Day and 1wo floating holidays to vacation days. Insurance: Effective January 1, 1998, the DistricYs heaith insurance premium contribution for fami{y coverage increases from $330 to $350 per month. The premium contribution for single coverage remains at $190 per month. Retiree health insurance language revised, removing transitional severance and deferred compensation options for employees hired before January 1, 1996. Severance: Language revised so that payment is made within the tax year of retirement. Waaes: Increase salary schedule by 2.1 % and added an additionai pay equity adjustmerit of 1.5% to the top step. This resulted in an average increase of 2.45°!0. 4) The District has 11 regular empioyees in this bargaining unft. 5) This request is submitted by Susan Gutbrod, NegotiationsJLabor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager, and William A. Larson, Assistant Superintendent, Fiscat Affairs and dperations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning 'the terms and conditions of employment of those employees in this school district for whom School Service Empioyees, Local No. 284, is the exclusive representative; duration of said Agseement is for the period of July 1, 1997 through June 30, 1998. ;� � � � J � • ARTICLE Article 1. Artic(e 2. Article 3. Article 4. Article 5. Article 6. Ariicle 7. Article 8. Article 9. Article 10. Article 11. Article 12. Artic{e 13. Article 14. Article 15. Article 16. Article 17. Article 7 8. Article 19. Article 20. Articie 21. Articie 22. Article 23. Articie 24. Articfe 25. Article 26. APPENDIX A. CONTENTS PA E Definition Of Agreement .................................................................................1 Recognition ...................•••-•-.••......................................................................... 1 CheckOff, Fair Share .....................................................................................2 Management ......................................................................................... 2 EmpioyeeRights .............................................................................................3 Maintenance Of Standards .............................................................................. 3 Non-Discrimination ....................................................................................... 3 Holidays.......................................................................................................... 4 SickLeave ....................................................................................................... 5 Hours, Overtime .............................................................................................5 Vacations......................................................................................................... 6 LunchSreak ...................................................................................................6 Civi{ Service Examinations ............................................................................7 Lay-Off Notice ................................................................................................7 insurance Benefits ......................................................................................... 8 SeverancePay ..............................................................................................1 3 WorkingConditions ......................................................................................14 CourtDuty ....................................................................................................15 Discipline And Discharge .............................................................................1 5 Grievance Procedure ....................................................................................16 Leaves...........................................................................................................1 9 Uniforms......................................................................................................20 Wages............................................................................................................ 2 0 Severability.................................................................................................21 Waiver .......................................................................................................... 21 Duration Of Agreement .................................................................................22 Wage Scale � ARTICLE 1. DEFINITION OF AGREEMENT SECTtON 1. Parti s. This Agreement is entered into between the 8oard of Education, )ndependent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board of Education, and School 5ervice Employees Local No. 284, S.E.I.U. (certified by the Director of the Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Local No. 284, pursuant to and in compliance with the Public Employment Labor Relations Ac[ of 1971 (PELRA), as amended, to set forth the terms and conditions of emptoymenT. SECTtON 2. P r se. The purpose of this Agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE 2. RECOGNITION SEC710N 1. The Board of Education recognizes Local No. 284 as the certified exciusive representative for the fo(lowing unit: C� All food service personnef in the ciassifications listed in Appendix A � employed by Independent Schooi District No. 625, who are pubtic employees as defined by PELRA. SECTION 2. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, Siate of Minnesota, for ali personnel defined in Section 1 of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. • � ARTICLE 3. CHECK OFF, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those emp�oyees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of ali employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter SECTIOfV 2. Any present or future employee who is not a Union member shali be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shali the required contribution exceed 85°to of the Union membership dues amount. This provision shall remain operative only so long as specificaily provided by Minnesota law. 4n the event there is a change in the law permitting the Union to assess an amount i n excess of 85% of regular membership dues, the fuli amount permitted by law may be assessed by the Union. SECTION 3. The Union will indemnify, defend, and hoid the Schooi District harmless � against any claims made and against any suits instituted, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MANAGEMENT R{GHTS SECTION 1. The Emptoyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to seiect, direct, and determine the number of personnei; arxf to perform any inherent manageriat function not specifically limited by this Agreement. SECTtON 2. This Agreement establishes the "terms and conditions of emptoyment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civii Service Rules, Council Ordinance, and Council Resolution. � 2 ARTICLE 5. EMPLOYEE RIGHTS SECTION 1. Rights to Views. Nothing contained in this Agreement shall be construed to limit, impair or affect the right of any employee or the employee's representative to the expression or communicaiion of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or its betterment, so tong as the same is not designed to and does not interfere with the full faithfu! and proper performance of the duties of employment or circumvent the rights of the exclusive representative. SECTtON 2. Information. The Exclusive Representative shali have access, upon reasonable notice, to appropriate and available financial information, not dee�r�ed confidential, necessary to perform its duties as prescribed by the PELRA. ARTICLE 6. MAINTENANCE OF STANDARDS SECTION 1. The Emptoyer agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and genera! working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resoluiion No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, arrd ttre conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 7. NON-DISCRIMINATION SECTION 1. Neither the Union nor the Empioyer shall discriminate against any employee because of Union membership or non membership, or because of race, color, sex, religion, national origin or political opinion or afFiliations. � � � r� LJ � • ARTICLE 8. HOLIDAYS SECTION 1. Regutar or provisionat employees in the bargaining unit shall be granted holidays off with pay provided, however, that their names have appeared on the payroll on any six (6) working days of the nine (9) working days preceding the holiday, or on the last working day before the hoiiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shall a holiday be counted as a working day; holiday pay is assured for the Labor Day, Christmas Day, and New Year's Day holidays, for any active and regularly-working empfoyee. The following days are declared to be the holidays: New Year's Day Martin Luther K+ng Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May Ju(y 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. If one of the above listed ho4idays falls on a day when schoot is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday. Aii employees will be expected to work on all days when school is in session, except when on approved �eave. 4 ARTICl.E 9. SlCK LEAVE � SECTlON 1. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligibie for sick leave, the employee must report to his/her supervisor no later than one-half (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. SECTION 2. S�ecified Allowable Uses of Sick Leave 2.1 Any emptoyee who has accumulated sick leave credits as provided above shali be granted leave wi2h pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee or quarantine established and deciared by the 8ureau of Health, and may be granted leave with pay for such time as is actuaily necessary for office visits to a doctor, dentist, opcometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 2.2 Sick Child Care Leave. An emptoyee who works twelve ( 7 2) consecut+ve months per year for an average of twenty (20) or more hours per week may use accumulated personal sick leave credits for abse�ces required to care for the employee's itl child. Sick leave for sick child care shali be granted on the same terms as the empioyee is able to use sick leave for the employee's own iliness. This leave shall only be granted pursuant to Minnesota Statute § 181.9413 and • shaH remain avaitabte so tong as provided in Statuce. 2.3 Bereavement/Family Iilness/Emergency Leave. Up to forty (40) hours of leave per year is affowed for serious famiiy iliness, emergencies, or bereavement of a family member, including spouses, parents, children, or a person whd is a member of the household. The days aliowed and used shall be deducted from accumulated sick (eave. Additional days may be aftowed at the discretion of the department head. 2.4 Funeral Leave. Any employee who has accumulaied sick leave credits shall be granted one day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sister-in-law or brother-in-law. ARTICLE 10. HOURS, OVERTIME SECTION 1. Hours. This 5ection is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normaf workday shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shaii be an average of forty (40) hours of work. SECTION 2. vertime. Overtime is to be paid for at the rate of time and one-half (1 /2) for all assigned hours worked on the job in excess of forty (40) hours per week, on payroll. � 5 ! ARTICLE 11. VACATIONS SECTION 1 . 1.1 Vacation AccruaV. Vacations shal{ be earned by e{igible employees on the basis of the foflowing formu(a: Years of Service First Five Years After Five Years After Ten Years After Fifteen Years After Twenty-five Years Hours of Vacation Earned Per Hour on Payro4l .0539 .0730 .0808 .0962 .1000 Estimated Annuai Hours Earned 112 152 168 200 208 Estimated Annuaf Davs Earned 14 19 21 25 26 Calculations above are based on 2,080 hours of work and shail be rounded off to the nearest hour. 1.2 Vacation Carr, Over. Upon written notice to the emptoyee's supervisor and upon the supervisor's written approval, an empioyee may carry over up to one � hundred twenty (120) hours of accrued, unused vacation time into the next calendar year. Any accrued, unused vacation time in excess of one hundred twenty (120) hours will be fosfeited ai the end of the calendar year in which it is earned. • 1.3 Vacation Scheduli�g, Vacations must be scheduled in advance and are subject m approval of the employee's supervisor. SECTION 2. Sick Leave Conversion. Accumulated sick leave in excess of one thousand four hundred and forty (1,440) hours' may be converted to vacation at the rate of sixteen (76) hours' sick leave for eight (8) hours' vacation up to a maximum of forty (40) hours' vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. � ARTICLE 12. LUNCH BREAK SECi'ION 1. All emptoyees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE 13. CIVIL SERVICE EXAMINATIONS SECTION 1. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no lacer than five {5) working days before the closing date for examination. ARTICLE 14. SECTION 1 . laid off. LAY-OFF NOTICE Whenever possibie, two (2) weeks of notice shall be given any employee � • • 7 . ARTICLE 15. INSURANCE BENEFITS Schoot District No. 625 wil! contribute toward the premium cost of benefits for eligible employees. The Empioyer will attempt to prevent any changes in the benefits offered by a heaith maintenance organizations plan. However, employees selecting coverage offered by a health maintenance organization agsee to accept any changes in benefits which the specific health maintenance organization implements. SECTION 1. ACENE EMPLOYEE INSURANCE ubd. 1. Eliaibility Waiting Period. Effective Januarv i. 1998, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible empioyee can receive the District's contribution of premium cost for insurance provided herein. uS bd• 2. Effective July 1. 1997, the Empioyer agrees to contribute to the premium cost of empfoyee hospital and medicai coverage �p to $190 per rnonth for each fu{{-time employee who is eligibie for such coverage, and who selects single coverage; or up to $330 per month for each fuil-time employee who is eligible for such coverage, and who selects family coverage. 2.1 Effective Januar�l. 1998, the Empioyer agrees to contribute to the premium � cost of empioyee hospital asid medica! coverage up to $350 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. The premium contribution for single coverage remains at $190 per month. Subd. . Life Insurance. The Empioyer wi41 contribute to the cost of $25,000 life insurance coverage. The cost to the Employer for life insurance coverage shaii not exceed $6.32 per month. The life insurance coverage and Employer contribution toward life insurance premiums terminates at retirement. Subd. 4. Dentai Insurance. The Empioyer agrees to concribute up to $26 per month to the premium cost for a dental pian sefected by the Empfoyer, for each employee who is eligible for such coverage. • ARTICLE 15. INSURANCE BENEFITS (continued) SECTION 1. ACTIVE EMPLOYEE INSURANCE (continued): u . 5. Contrbuiion Status. 5.1 Fuli-time Status. Eligible employees regularly assigned more than six (6) hours per day wiii receive the fuli Employer contribution amount. 5.2 Ftalf-Time Status. For etigibie empioyees regularfy assigned four (4) tr� six (6) hours work per day, the Emptoyer will contribute up to one-half of the full Empioyer contribution amount. 5.2.1 M employee with full contribution as of January 1, 1990, who is reduced to half-premium eligibility hours because of health disability or Employer-initiated hours reduction, shall not be reduced in premium contributions for twelve (12) calendar months from the date of his/her hours reduction, so lo�g as he/she remains actively employed at the half-premium eligibility level. � uS bd. 6. Flexibie Spending, Account. It is the intent of the Employer to maintain during the term of this Agreement a pian for medical and child care expense accounts to be available to employees in this bargairting unit who are eligible for Employer-paid � premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. Subd• 7. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroti deduction. C� • ARTICLE 15. INSURANCE BENEFITS (continued): SECTION 2. RETIREMENT HEALTH iNSURANCE ubd. 1. Benefit Etigibility for Em�lovees who Retire Before Age 65 1.1 Em�lovees hired into District service before January 1. 1996, must have completed the following service e4igibilicy requirements with tndependeni Schoo! District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retireme�t: A Be receiving pension benefits from PERA, St. Paul Teachers Retirement _ Association or other public empioyee retiree program at the time ofi retirement and have severed the employment reiationship with {ndependent Schoo! District 625; L� C. � i Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service, or; E. Must have completed at least twenty (20) consecutive years of service within Independent Schooi District No. 625 immediately preceding retirement. Years of regufar service with the City of Saint Paul wil{ continue to be counted toward meeiing the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. �J 1.2 Em�lovees hired into District service after January 1. 1996. must have completed twenty (20) years of service with Independent School District No. 625. Time with the City of Saint Paul wiil not be counted toward this twenty (20)-year requirement. 1.3 A reciree may not carry hisfher spouse as a dependent if such spouse is aiso an Independent School District No. 625 retiree or Independent Schoo! District No. 625 empioyee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.4 Additional dependents beyond th�e designated to the District at the time of fetirement may not be added at District expense after retirement. 7.5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 10 ARTICLE 15. INSURANCE BENEFITS, Section 2. (continued): • b. 2. Em�lover Coniribution Levels for Emolovees Retirinp Before Pge 65 2.1 Heaiih Insurance fmployer Contribution The District wifl for the period of this Agreement provide emp(oyees who meet the eiigibility requirements for health insurance in 1.1 or 1.2 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or famify coverage to the carrier at the employee's date of retirement shali constitute the timit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may rwt tater ctaim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life Insurance Employer Contribuiion The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eiigibfe retirees for $5,000 of life insurance oniy until their 65th birthday. No iife insurance wiit be provided, or premium contriautions paid, for any retiree age sixty-five (65) or over. . Subd. 3 Benefit Eli�bilitv for Em�lo�ees After Ane 65 3.1 �mr�lovees hired into the District before Januar�! 1. 1996. who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contribuiions for health insurance described in Subd. 4 of this Article. 3.2 Em�loyees hired into rhe District before Januarv 1. 1996, who retire at age 65 or older must have compieted the following service eligibility requirements to receive District contributions toward post-age-65 health insurance premiums: A Employees hired before January 1, 1989, must be continuously employed with the District. B. Employees hired on or after January T, 1989, must have completed at least twenty (20) years of continuous emptoyment with the District and meet the remaining requirements in Subd. 1 of this Article. Years of certified civii service time with the City of Saint Paul eamed prior m January 1, 1996, wiil continue to be counted toward meeting the District's service requirement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. C� 1� � ARTICLE 15. INSURANCE BENEFITS, Section 2. (continued): 3.3 No em�lovee hired on or after January 1. 1996, shal{ have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after January 1, 1996, shail be eligible for oniy earlv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. uS bd. 4• Emplover Contribution Levels for Emolovees After Age 65 4.1 Em i�o�ees hired into the District before January 1. 1996, who meet the eligibi{ity requirements in Subdivisions 3.1 and 3.2 04 this Article are eligib{e for premium contributions for a Medicare Supplement heaith coverage policy selected by the District. Premium contributions for such policy will not exceed: Coverag.e Tv�e Medicare Eligible Non-Medicare El+gible in le $300 per month $400 per month Familv $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. • • Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. uS bd• 5• Em�Iovees hired after Januar� 1. 1996, after compietion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an emp4oyer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working haff-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shatt rmt be counted in reaching the three (3) full years of consecutive active service, and shali not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federa! and state rules governi�g participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her totai maximum ailowable annuai contribution amount under IRS regulations. The emptoyee must in+tiate an application to participate through the Distsict's specified procedures. 12 ARTICLE 16. SECTION 1 . Article. SEVERANCE PAY The Employer shall provide a severance pay program as set forth in this ubd 1. To be eligible for the severance pay program, an employee must meet the following requirements: 1.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). The "Rule of 90" or the °Rule of 85" criteria shall a(so app(y to emp(oyees covered by a pubfic pension plan other than PERA. 1.2 The employee must be voluntarily separated from Schooi District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discMarged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 1.3 Tfie emptoyee must have at least ten (1 d) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, empioyment in either Independent School District No. 625 or i n the City of Saint Paul may be used in meeting this ten (10)-year service requirement. 1.4 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or re-employment (of any type) with Independent School District No. 625 or with the City of Saint Paut. 1.5 The employee must have accumulated a minimum of four hundred and eighty (480) hours of sick leave credits at the time of his separation from service. Subd.2. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) 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 one thousand six hundred (1,600) accrued sick leave hours. u�,bd. 3. The maximum amount of money that any employee may obtain through this severance pay program is $6,500. S�bd. 4. For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. u� bd. 5. For the purpose of this severance pay program, a transfer from independent Schooi Districi No. 625 empioyment to City of Saint Paul employment is not considered as separation of employment, and such transferee shafl not be eligible for this severance program . Subd. 6, Payment of severance pay shal! be made within the tax year of the retirement as described in Business Office Rules. � � • 13 ! . • ARTICLE 17. WORKING CONDITIONS SECTION 1. Emergencv Closinc�s. If it becomes necessary or desirable to close a school as a result of an emergency, the effort shait be made to notify employees not to corrie m work. Employees not notified who report for work shail be granted two (2) hours' pay at their regular rate. SECTtON 2. Worksho�s. Employees in the Food Service program required by the Food Service Director to attend Food Service workshops shail be reimbursed for the tuition of the workshop and wili be paid the normai houriy rate for the time spent in the workshop. SECTION 3. Mileaae. When an employee is authorized by the proper supervisor to use his or her personaf vehicle in the interest of the Emptoyer, mileage reimbursement w i I I be paid ai 31 a per mile or the current Schooi District rate whichever is greater, and by the approval of the Food Service Director. SECTION 4. Workin�0ut Qf Classification. Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-c�ass assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another ciassificaiion. For the purposes of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if heJshe were promoted to the higher classification. SECTION 5. Work In Advance Of School Year. In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the workforce, the manager wili make the arrangements from a School District facility as assigned, and will be paid the regular contract rates for the assigned duty time. SECTION 6. Saint Paul Food Manager's Certification. The parties recognize and acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding a position covered by this agreement, and will be a requirement prospectively for new appointees, as wel4 as employees hired prior to January 1, 1992. Certification or a State of Minnesota Certification if regulation changes. The test or tests for the certification wiil be taken on the emptoyee's own time. The District will pay a maximum of $30 one (1) time in a two (2)-year period to reimburse the employee for the fees for acquiring the renewal certification for those empioyees appointed in these titles prior to January 1, 1992. 14 ARTICLE 18. COURT DUTY SECTION 1. Any empioyee who is required to appear in court as a juror or as a subpoenaed witness shalt be paid his/her regutar pay while so engaged, untess the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Empioyer. Any employee who is scheduled to work a shift other than the normai daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 19. DISCIPUNE AND DISCHARGE SECTION 1. The Employer shail have the right to impose disciplinary actions on employees for just cause. SECTION 2. actions: 1) 2) 3} 4) 5) Disciplinary actions by the Emptoyer shall include only the following Oral reprimand; Written reprimand; 5uspension; Demotion; Discharge. SECTION 3. Empioyees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the grievance procedure provided i n Article 20 of this Agreement, including arbitraiion. This contract grievance procedure shali be the normal process for such review. SECTION 4. Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension demotion, or discharge, the supervisor will make a recommendation n� his/her supervisor regarding proposed discipline. That supervisor wiil then meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. � • • 15 . ARTICLE 20. GRIEVANCE PROCEDURE SECTION 1. This grievance procedure is established to resoive any specific dispute between the employee and ihe School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the empioyee may choose to present hislher grievance wi2hout being represented by a Union representative, provided however, that the Union representative shali be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved empioyee and a Union representative sha{I be altowed a reasonable amount of time without loss of pay when a grievance is invesiigaied and presented to the Employer during normal working hours provided that the empioyee and the Union representative have notified and received the approval of the designated supervisor and provided that such absence is reasonabte and wouid not be detrimental to the work programs of the � Employer. tt is understood that the Emp{oyer sha!{ not use the above {imitation to hamper the processing of grievances. SECTION 4. A grievance shall be resoived in the foilowing manner: ubd. 1, te 1. Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is later, discuss the complaint oraliy with the Director of School Food Service (or other representative designated by the Superintendent). The Director of Schooi Food Service (or SuperintendenYs representative) shall attempt to adjust the complaint at that time. uS bd• 2• Sten 2. If the grievance is not resolved through oral discussion and concluded within five (5) working days, the employee may appeat the grievance � Step 2 by placing the grievance in writing, setting forth the nature of the grievance, the facts on which it is based, the provisions of the Agreeme�t allegedly violated, and the remedy requested. This written statement shall be presented to the Director of School Food Service for formal discussion and written response. The formal discussion of the grievance shall be within ten (10) working days of the receipt of the written grievance by the Director of School Food Service. A reply shaii be given to the employee and the Union in writing within ten (1Q) days following the formal discussio�. tf the employee is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. • 'I 6 ARTICLE 20. GRIEVANCE PROCEDURE (continued) u5 bd. 3. te . A grievance �ot resolved in Step 2 and appealed to Step 3 shall be placed in writing setting forth the nature of the grievance, the facts on which ii is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 3 by the employee and the Union within fifteen (1 5) working days after the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the empioyee and the Union within fifteen (] 5) working days shall be considered waived. if appealed, the written grievance shail be presented by the employee and the Union and discussed with the Superintendent of Schools or designated representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shali give the Union the Emptoyer's Step 3 answer in writing within ten (70) working days following the presentation and discussion of the matter. If the employee is not satisfied with the findings on Step 3, the Union may request arbitration within ten (10) working days after receipt of the Employer's reply on Step 3. � ubd. 4. te 4. A grievance unresoived in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutualiy-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services. � SECTION 5. The arbitrator shall have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shali consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any otfier issue not so submiited. 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, copies to both parties and the Bureau of Mediation Services within ihirty (30) days following the ctose of the hearing or the submission of briefs by the parties, whichever be laier, unless the parties agree to an extension. The decision shali be binding on both ihe Employer and the Union and shall be based solely on the arbiirator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. � fr7 . ARTICLE 20. GRIEVANCE PROCEDURE (continued) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Empioyer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of tfie proceedings, it may cause such a record to be made, providing it pays for the record. lf both parties desire a verbatim record of the proceedings, the cost shaii be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appeated to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance ro the next step. The time limit in each step may be extended by mutuai written agreement of the Employer and the Union in each step. SECTION 6. Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federaf or state court of law, or before an administrative tribunal, fedesal agency, state agency, or seek+ng relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another form as outlined • herein, the employee shall waive his/her right to initiate a grievance pursuant to this Artide, or, if the grievance is pending in the grievance procedure, the right to pursue it further shail be immediately waived. This Section shail not apply to actions to compel arbitration as provided in this Agreement or to enforce ihe award of an arbitrator. L� 18 ARTICLE 21. LEAVES � SECTION 1. Lonp-Term Leaves Without Pay. Leaves of absence may be requested and are subject to approval of the department head. The Food Service Director wiil reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. A iist of typicat leaves is provided below. This list does not cover a I I possible reasons. . Physical or mentaf incapacity of the emptoyee to perform their work efficiently, where the granting of a leave wi!! permit the employee to receive treatment enabling them to return io School District service; • Election or appointmeni ot a full-time, paid position in an organization or union whose members consist largely or exclusively of employees of the School District; • Education or training relating to the employee's regular duties or to prepare the employee for advancement; . Election of the employee to a School District position; . Appointment of the employee to an unclassified School District position; . Disability or injury received in the performance of duty rwi due to the negligence of the employee for the period the employee is receiving compensaYion payments from the School District for temporary partial disabiiity or temporary totai disabitity; • Parental leave upon the request of the employee. S Empioyees returning from leave will be placed in the next available vacancy in their job title. SECTION 2. Short-Term Leaves Without PaX. Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and wili be considered by the Employer subject to the operational needs of the Employer and the abiliiy to secure substitute hefp io satisfactorily maintain the particutar assignment of the employee involved. ub . 1, Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shal( include the proposed period of the leave and purpose for feave. uS bd• 2. Effective April 1, 1979, the Director of Food Service shaU notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately foliow a one-week or two-week school vacation, the thirty (30) days' notice sfiaft occur thirty (30) days before the beginning of such vacation period, providi»g the request was received at least fifteen (15) days earlier. SECTION 3. Family and Medical Leave, Leaves of absence shall be granted as required under the federaf law known as the Family Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. • 19 . ARTICLE 22. UNIFORMS SECTION 1. Employees will be provided two (2) new uniforms per schooi year by the Emptoyer; empioyees who are assigned a twelve (12)-month work year, rather than the school year, will receive three {3) new uniforms per year. Selection of uniforms is the Empioyer's option. u6d. 1. A new employee must have worked at least thirty (30) working days in a forty-five (45) working-day period before receiving the three (3) uniforms supplied for start up by the Empioyer. u�bd• 2. An employee who has received uniforms and then terminates empioyment for any reason after less than six (6) fuii months of active employment, is obligated to return ihe uniforms to the School Food Service. if the uniforms are not returned, 90% of the+r costs will be deducted from the final paycheck of the terminating employee. ARTIGLE 23. WAGES SECTION 1. Waae Rates, See wage rates described in Appendix A. SECTION 2. initiai StegPlacement. Initial step placement when an employee is originally hired, moves from another unit into a title covered by this Agreement or from one title covered by this Agreement to a different title under this Agreement, shall be • governed by Civil Service Rules. SECTION 3. Salary Ste� Progressio�. Progression through the steps of a salary range in this contract will be based on the followi�g conditions: u d. 1. Employees must have received an overall rating of "satisfactory" on their most recent performance evaluation to receive any salary step advancement. uS bd• Z. Step movement will be effective on the first day of the first pay period foliowing the employee's anniversary date in the empioyees current job title. The employee shail be eligibie for step movement in Steps 1-5 provided the employee has worked at least 1,000 hours in the previous year prior to that anniversary date. uS bd. 3. The employee shali be eligible for step movement in Steps 6-9 every two (2) years provided the employee has worked at least 1,000 hours in each of the prior two (2) years. However, an employee who has completed years of service greater than or equal to the years of service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2 until the employee's years of service completed match the years of service required for the step. Employees appointed to a position in the bargaining unit on or after January 1, 1 995, once placed on the salary schedule, will advance thereafter from step to step based on accumulation of ihe appropriate number of hours between the steps as detaifed above and without reference to any prior employment in the District. SECTION 4. Pay Eauitv Comeliance Option. During the term of this Agreement, the Soard may at its discretion unilateratly increase the pay rates provided in Appendix A i n . an effort to achieve compliance with the requirements of the Minnesota Pay Equity Ac[. Ten (10) days of notice to the Union will be provided prior to taking such action. 20 ARTICLE 24. SEVERABILITY In the event that any provision(s) of this Agreement is deciared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provision shatl continue in full force and effect. The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative or judicial determination. ARTICLE 25. WAIVER The Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment 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. Any and all prior ordinances, agreements, resolutions, practices, regulations regarding the terms and conditions of employment, inconsistent with this Agreement, are hereby superseded. policies, and rules or to the extent they are • • l J 21 � ARTICLE 26. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 1997 through June 30, 1998, and shall automaticaily be continued from year to year thereafter, unless a new agreement is developed in accordance with the provisions of the Public Employment �abor Relations Act of 1971, as amended. intent io negotiate a new agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. COOK MANAGERS AGREEMENT • � This Agreement is by and between Independent School District No. 625 and School Service Empioyees Locai No. 284, S.E.I.U., AFL-CIO, on behalf of Cook Managers. In full settlement of these negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this sett�ement shall be subject to approvai and adoption by the Board of Education of Independent School District No. 625 as weii as ratification by the Union. INDEPENDENT SCHOOL DiSTR1CT N0. 625 SCHOOL SERVICE EMPLOYEES LOCAI N0. 284, S.E.t.U., AFL-CIO Chair, Board of Education NegotiationsJLabor Relations Manager Negotiations/Labor Relations Assistant Manager Date Business Representative Steward Date 22 BIWEEKLY RATES Effective: Julv 5. 1997 STEP STARi 1 YEAR 2 YEAR 3 YEAR 4 YEAR APPENDfX A • 6 YEAR 8 YEAR 70 YEAR 12 YEAR TitleS Quality Control Assistant 7,003.47 1,Q43.54 7,085.29 7,728.72 7,173.85 ],203.20 1,232.55 7,29420 1,411.30 Food Production Supervisor 1027.49 7,068.60 1177.35 1,755.75 1,202.02 7,232.08 7,262.73 7,325.24 1,444.47 Catering Coorclinator i 7,170.67 i,i53.42 1,197.86 7,244.10 7,274.15 1,304.20 7,367.37 1,487.71 School Lunch Coordinator 7,095.86 7,136.97 1,779.7i 7,224.76 7,270.40 1,300.45 1,330.50 1,393.60 i,513.80 MINNESOTA PROFESSIONAL DEVELOPMENT PLAN FOR SCHOOL FOOD SERVICE AND NUTRITION - LEVEL 3 CERTIFICATION PREMIUM When a regularly (civil service) certified and appointed employee shall have completed the credit • hours required for Level 3 of the Minnesota Professional Development Plan for School Food and Nutrition and shaii have received such certification, that employee shall become eligib�e for an additional $O.tO (ten cents) per hour premium over and above his/her normat biweekly rate of pay for ai! hours on the payroil so Io�g as the employee maintains a current Level 3 certificaiion. Paymentofthe $0.10 (ten cents) per hour premium shall become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed Level 3 certification. Employees must maintain current Level 3 certification and show evidence of the renewed certification to be eligibie for conti�uation of the premium. LEAD FOOD PRODUCTION SUPERVISOR PREMIUM When a regularly certified and appointed Food Production Supervisor is assigned the duty of Lead Food Production Supervisor, the employee shall be paid an additional $.50 (fifty cents) per hour over and above his/her normal hourly rate of pay for the hours worked on each workday assigned in the Lead person function. This duty shall be assigned or discontinued at the sole discretion of the Director of Schooi Food Service. Onty a regularly appointed Food Production Supervisor is eligible for the premium, when properiy assigned. At any time when the Director of Food Service plans to assign this Lead function to an empioyee i n the Food Production Supervisor title for more then ihirty (30) working days, all employees working in that titte wifl be notified and fiave an opportunity to express interest in the duty. • 0 I 4'` q�-�a� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: November 18, 1997 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools, and School Service Employees, Local No. 284, Exclusive Representative for Cook Managers A. PERTINENT FACTS: 1) New Agreement is for a one-year period from July 1, 1997 through June 30, 1998. 2) Contract changes are as follows: EmployedEm�loyee Rights: Language included describing typical management and employee rights. Holida�Nacation: Replaced the Columbus Day holiday with the Day after Thanksgiving and transferred Veterans Day and two floating holidays to vacation days. Insurance: Effective January 1, 1998, the DistricYs health insurance premium contribution fior fiamily coverage increases from $33� to $350 per month. The premium contribution for single coverage remains at $190 per month. Retiree health insurance language revised, removing transitional severance and deferred compensation options for employees hired before January 1, 1996. Severance: Language revised so that payment is made within the tax year of retirement. W es: Increase salary scheduie by 2.1% and added an additional pay equity adjustment of 1.5% to the top step. This resulted in an average increase of 2.45%. 4) The District has 11 regular employees in this bargaining unit. 5) This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of tndependent Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom School Service Employees, Local No. 284, is the exclusive representative; duration of said Agreement is for the period of July 1, 1997 through June 30, 1998. ORIG�NAL RESOLUTION OF SAINT PAUL, MINNESOTA Council File # �[$�?a.� Green Sheet # 62408 /� Presented by�/( �� L,�f��//v�� Referred To Committee Date 1 RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 1997-1998 Agreement between the Independent School District No. 625 and School Service Employees 3 Local #284, S.E.I.U., AFL-CIO representing Cook Managers. DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 62408 ��'� �y LABOR RELATIONS 7uly 28, 1998 CONTACT PERSOI� & PHONE: � INI77qLppTE 1T777pIJpp'[� J[JLIE KRAUS 266-6513 ASSIGN 1 DEPARl'MENT DIR �_ 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY �_ CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGET DIR. � FIN. & MGT. SERVICE DIR ROUTSNG 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATIJRE PAGES_i (CLIP ALL LOCATIOYS FOR SIGNA7L'RE) ncnox �Qussten: This resolution approves the attached 1997-1998 Agreement between Independent School District No. 625 and School Service Employees Local #284, S.E.I.U. AFL-CIO, representing Cook Managers. RECOivIIviENDATTONS: Approve (A) or RejeM (it) PERSONAL SERVICE CONTAACTS MUST AWSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CiVIL SERVICE COMMISSION 1. Haz fl�is person/firm ever worked under a conVact for this depar[mrnt? _CIB COMIvDTTEE Yes No �STAFF 2. Has this petsontfirm ever been a ciry employee? DISTRICTCOURT Yes No SUPPORTS WFDCH COL7NCIL OBIECTIVE? 3. Dces this person/firm possess a ski7l not normally possessed by any current city emptoyee? Yes No Explain aFl yes answers on separate sheet and attach to greeo sheet INIT[ATING PROBLEM, ISSUE, OPPORT[)IVITY (Who, What, When, Where, Why): ADVAN7'AGES IF APPROVED: This Agreement pertains to Board of Education empioyees only. REGEtVED AUG 0 3 lggg DISADVANTAGESIFAPPROVED: �Q ��,� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FIJNDING SOURCE: ACfrvTfY NUMBER: FINANCWL INFORMATION: (EXPLAII� V'i1��L�1 R�Sp�IC�! �a�£��v' Ai�� 439 ,'3,"nY" t 7" f � " # � i°u'- ..ro� ; r r �w:: �"1.i.a''x�x• � a 's' �:,':;.: JU4. 3 ; 1�9� ��T`� ��`��`�� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUSLIC SCHOOLS DATE: November i8, 1997 � ,��y TOPIC: Approvai of Empioyment Agreement Between fndependent School District No. 625, Saint Pau! Public Schools, and Schooi Service Employees, Local No. 284, Excfusive Representative for Cook Managers A. PERTlNENT FACTS: 1) New Agreement is for a one-year period from July i, 1997 through June 30, 1998. 2) Contract changes are as follows: Empioyer/Employee Rights: Language inciuded describing typical management and employee rights. HolidaysNacation: Replaced the Columbus Day holiday with the Day after Thanksgiving and transferred Veterans Day and 1wo floating holidays to vacation days. Insurance: Effective January 1, 1998, the DistricYs heaith insurance premium contribution for fami{y coverage increases from $330 to $350 per month. The premium contribution for single coverage remains at $190 per month. Retiree health insurance language revised, removing transitional severance and deferred compensation options for employees hired before January 1, 1996. Severance: Language revised so that payment is made within the tax year of retirement. Waaes: Increase salary schedule by 2.1 % and added an additionai pay equity adjustmerit of 1.5% to the top step. This resulted in an average increase of 2.45°!0. 4) The District has 11 regular empioyees in this bargaining unft. 5) This request is submitted by Susan Gutbrod, NegotiationsJLabor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager, and William A. Larson, Assistant Superintendent, Fiscat Affairs and dperations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning 'the terms and conditions of employment of those employees in this school district for whom School Service Empioyees, Local No. 284, is the exclusive representative; duration of said Agseement is for the period of July 1, 1997 through June 30, 1998. ;� � � � J � • ARTICLE Article 1. Artic(e 2. Article 3. Article 4. Article 5. Article 6. Ariicle 7. Article 8. Article 9. Article 10. Article 11. Article 12. Artic{e 13. Article 14. Article 15. Article 16. Article 17. Article 7 8. Article 19. Article 20. Articie 21. Articie 22. Article 23. Articie 24. Articfe 25. Article 26. APPENDIX A. CONTENTS PA E Definition Of Agreement .................................................................................1 Recognition ...................•••-•-.••......................................................................... 1 CheckOff, Fair Share .....................................................................................2 Management ......................................................................................... 2 EmpioyeeRights .............................................................................................3 Maintenance Of Standards .............................................................................. 3 Non-Discrimination ....................................................................................... 3 Holidays.......................................................................................................... 4 SickLeave ....................................................................................................... 5 Hours, Overtime .............................................................................................5 Vacations......................................................................................................... 6 LunchSreak ...................................................................................................6 Civi{ Service Examinations ............................................................................7 Lay-Off Notice ................................................................................................7 insurance Benefits ......................................................................................... 8 SeverancePay ..............................................................................................1 3 WorkingConditions ......................................................................................14 CourtDuty ....................................................................................................15 Discipline And Discharge .............................................................................1 5 Grievance Procedure ....................................................................................16 Leaves...........................................................................................................1 9 Uniforms......................................................................................................20 Wages............................................................................................................ 2 0 Severability.................................................................................................21 Waiver .......................................................................................................... 21 Duration Of Agreement .................................................................................22 Wage Scale � ARTICLE 1. DEFINITION OF AGREEMENT SECTtON 1. Parti s. This Agreement is entered into between the 8oard of Education, )ndependent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board of Education, and School 5ervice Employees Local No. 284, S.E.I.U. (certified by the Director of the Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Local No. 284, pursuant to and in compliance with the Public Employment Labor Relations Ac[ of 1971 (PELRA), as amended, to set forth the terms and conditions of emptoymenT. SECTtON 2. P r se. The purpose of this Agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE 2. RECOGNITION SEC710N 1. The Board of Education recognizes Local No. 284 as the certified exciusive representative for the fo(lowing unit: C� All food service personnef in the ciassifications listed in Appendix A � employed by Independent Schooi District No. 625, who are pubtic employees as defined by PELRA. SECTION 2. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, Siate of Minnesota, for ali personnel defined in Section 1 of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. • � ARTICLE 3. CHECK OFF, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those emp�oyees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of ali employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter SECTIOfV 2. Any present or future employee who is not a Union member shali be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shali the required contribution exceed 85°to of the Union membership dues amount. This provision shall remain operative only so long as specificaily provided by Minnesota law. 4n the event there is a change in the law permitting the Union to assess an amount i n excess of 85% of regular membership dues, the fuli amount permitted by law may be assessed by the Union. SECTION 3. The Union will indemnify, defend, and hoid the Schooi District harmless � against any claims made and against any suits instituted, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MANAGEMENT R{GHTS SECTION 1. The Emptoyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to seiect, direct, and determine the number of personnei; arxf to perform any inherent manageriat function not specifically limited by this Agreement. SECTtON 2. This Agreement establishes the "terms and conditions of emptoyment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civii Service Rules, Council Ordinance, and Council Resolution. � 2 ARTICLE 5. EMPLOYEE RIGHTS SECTION 1. Rights to Views. Nothing contained in this Agreement shall be construed to limit, impair or affect the right of any employee or the employee's representative to the expression or communicaiion of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or its betterment, so tong as the same is not designed to and does not interfere with the full faithfu! and proper performance of the duties of employment or circumvent the rights of the exclusive representative. SECTtON 2. Information. The Exclusive Representative shali have access, upon reasonable notice, to appropriate and available financial information, not dee�r�ed confidential, necessary to perform its duties as prescribed by the PELRA. ARTICLE 6. MAINTENANCE OF STANDARDS SECTION 1. The Emptoyer agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and genera! working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resoluiion No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, arrd ttre conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 7. NON-DISCRIMINATION SECTION 1. Neither the Union nor the Empioyer shall discriminate against any employee because of Union membership or non membership, or because of race, color, sex, religion, national origin or political opinion or afFiliations. � � � r� LJ � • ARTICLE 8. HOLIDAYS SECTION 1. Regutar or provisionat employees in the bargaining unit shall be granted holidays off with pay provided, however, that their names have appeared on the payroll on any six (6) working days of the nine (9) working days preceding the holiday, or on the last working day before the hoiiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shall a holiday be counted as a working day; holiday pay is assured for the Labor Day, Christmas Day, and New Year's Day holidays, for any active and regularly-working empfoyee. The following days are declared to be the holidays: New Year's Day Martin Luther K+ng Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May Ju(y 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. If one of the above listed ho4idays falls on a day when schoot is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday. Aii employees will be expected to work on all days when school is in session, except when on approved �eave. 4 ARTICl.E 9. SlCK LEAVE � SECTlON 1. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligibie for sick leave, the employee must report to his/her supervisor no later than one-half (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. SECTION 2. S�ecified Allowable Uses of Sick Leave 2.1 Any emptoyee who has accumulated sick leave credits as provided above shali be granted leave wi2h pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee or quarantine established and deciared by the 8ureau of Health, and may be granted leave with pay for such time as is actuaily necessary for office visits to a doctor, dentist, opcometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 2.2 Sick Child Care Leave. An emptoyee who works twelve ( 7 2) consecut+ve months per year for an average of twenty (20) or more hours per week may use accumulated personal sick leave credits for abse�ces required to care for the employee's itl child. Sick leave for sick child care shali be granted on the same terms as the empioyee is able to use sick leave for the employee's own iliness. This leave shall only be granted pursuant to Minnesota Statute § 181.9413 and • shaH remain avaitabte so tong as provided in Statuce. 2.3 Bereavement/Family Iilness/Emergency Leave. Up to forty (40) hours of leave per year is affowed for serious famiiy iliness, emergencies, or bereavement of a family member, including spouses, parents, children, or a person whd is a member of the household. The days aliowed and used shall be deducted from accumulated sick (eave. Additional days may be aftowed at the discretion of the department head. 2.4 Funeral Leave. Any employee who has accumulaied sick leave credits shall be granted one day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sister-in-law or brother-in-law. ARTICLE 10. HOURS, OVERTIME SECTION 1. Hours. This 5ection is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normaf workday shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shaii be an average of forty (40) hours of work. SECTION 2. vertime. Overtime is to be paid for at the rate of time and one-half (1 /2) for all assigned hours worked on the job in excess of forty (40) hours per week, on payroll. � 5 ! ARTICLE 11. VACATIONS SECTION 1 . 1.1 Vacation AccruaV. Vacations shal{ be earned by e{igible employees on the basis of the foflowing formu(a: Years of Service First Five Years After Five Years After Ten Years After Fifteen Years After Twenty-five Years Hours of Vacation Earned Per Hour on Payro4l .0539 .0730 .0808 .0962 .1000 Estimated Annuai Hours Earned 112 152 168 200 208 Estimated Annuaf Davs Earned 14 19 21 25 26 Calculations above are based on 2,080 hours of work and shail be rounded off to the nearest hour. 1.2 Vacation Carr, Over. Upon written notice to the emptoyee's supervisor and upon the supervisor's written approval, an empioyee may carry over up to one � hundred twenty (120) hours of accrued, unused vacation time into the next calendar year. Any accrued, unused vacation time in excess of one hundred twenty (120) hours will be fosfeited ai the end of the calendar year in which it is earned. • 1.3 Vacation Scheduli�g, Vacations must be scheduled in advance and are subject m approval of the employee's supervisor. SECTION 2. Sick Leave Conversion. Accumulated sick leave in excess of one thousand four hundred and forty (1,440) hours' may be converted to vacation at the rate of sixteen (76) hours' sick leave for eight (8) hours' vacation up to a maximum of forty (40) hours' vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. � ARTICLE 12. LUNCH BREAK SECi'ION 1. All emptoyees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE 13. CIVIL SERVICE EXAMINATIONS SECTION 1. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no lacer than five {5) working days before the closing date for examination. ARTICLE 14. SECTION 1 . laid off. LAY-OFF NOTICE Whenever possibie, two (2) weeks of notice shall be given any employee � • • 7 . ARTICLE 15. INSURANCE BENEFITS Schoot District No. 625 wil! contribute toward the premium cost of benefits for eligible employees. The Empioyer will attempt to prevent any changes in the benefits offered by a heaith maintenance organizations plan. However, employees selecting coverage offered by a health maintenance organization agsee to accept any changes in benefits which the specific health maintenance organization implements. SECTION 1. ACENE EMPLOYEE INSURANCE ubd. 1. Eliaibility Waiting Period. Effective Januarv i. 1998, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible empioyee can receive the District's contribution of premium cost for insurance provided herein. uS bd• 2. Effective July 1. 1997, the Empioyer agrees to contribute to the premium cost of empfoyee hospital and medicai coverage �p to $190 per rnonth for each fu{{-time employee who is eligibie for such coverage, and who selects single coverage; or up to $330 per month for each fuil-time employee who is eligible for such coverage, and who selects family coverage. 2.1 Effective Januar�l. 1998, the Empioyer agrees to contribute to the premium � cost of empioyee hospital asid medica! coverage up to $350 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. The premium contribution for single coverage remains at $190 per month. Subd. . Life Insurance. The Empioyer wi41 contribute to the cost of $25,000 life insurance coverage. The cost to the Employer for life insurance coverage shaii not exceed $6.32 per month. The life insurance coverage and Employer contribution toward life insurance premiums terminates at retirement. Subd. 4. Dentai Insurance. The Empioyer agrees to concribute up to $26 per month to the premium cost for a dental pian sefected by the Empfoyer, for each employee who is eligible for such coverage. • ARTICLE 15. INSURANCE BENEFITS (continued) SECTION 1. ACTIVE EMPLOYEE INSURANCE (continued): u . 5. Contrbuiion Status. 5.1 Fuli-time Status. Eligible employees regularly assigned more than six (6) hours per day wiii receive the fuli Employer contribution amount. 5.2 Ftalf-Time Status. For etigibie empioyees regularfy assigned four (4) tr� six (6) hours work per day, the Emptoyer will contribute up to one-half of the full Empioyer contribution amount. 5.2.1 M employee with full contribution as of January 1, 1990, who is reduced to half-premium eligibility hours because of health disability or Employer-initiated hours reduction, shall not be reduced in premium contributions for twelve (12) calendar months from the date of his/her hours reduction, so lo�g as he/she remains actively employed at the half-premium eligibility level. � uS bd. 6. Flexibie Spending, Account. It is the intent of the Employer to maintain during the term of this Agreement a pian for medical and child care expense accounts to be available to employees in this bargairting unit who are eligible for Employer-paid � premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. Subd• 7. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroti deduction. C� • ARTICLE 15. INSURANCE BENEFITS (continued): SECTION 2. RETIREMENT HEALTH iNSURANCE ubd. 1. Benefit Etigibility for Em�lovees who Retire Before Age 65 1.1 Em�lovees hired into District service before January 1. 1996, must have completed the following service e4igibilicy requirements with tndependeni Schoo! District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retireme�t: A Be receiving pension benefits from PERA, St. Paul Teachers Retirement _ Association or other public empioyee retiree program at the time ofi retirement and have severed the employment reiationship with {ndependent Schoo! District 625; L� C. � i Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service, or; E. Must have completed at least twenty (20) consecutive years of service within Independent Schooi District No. 625 immediately preceding retirement. Years of regufar service with the City of Saint Paul wil{ continue to be counted toward meeiing the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. �J 1.2 Em�lovees hired into District service after January 1. 1996. must have completed twenty (20) years of service with Independent School District No. 625. Time with the City of Saint Paul wiil not be counted toward this twenty (20)-year requirement. 1.3 A reciree may not carry hisfher spouse as a dependent if such spouse is aiso an Independent School District No. 625 retiree or Independent Schoo! District No. 625 empioyee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.4 Additional dependents beyond th�e designated to the District at the time of fetirement may not be added at District expense after retirement. 7.5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 10 ARTICLE 15. INSURANCE BENEFITS, Section 2. (continued): • b. 2. Em�lover Coniribution Levels for Emolovees Retirinp Before Pge 65 2.1 Heaiih Insurance fmployer Contribution The District wifl for the period of this Agreement provide emp(oyees who meet the eiigibility requirements for health insurance in 1.1 or 1.2 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or famify coverage to the carrier at the employee's date of retirement shali constitute the timit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may rwt tater ctaim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life Insurance Employer Contribuiion The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eiigibfe retirees for $5,000 of life insurance oniy until their 65th birthday. No iife insurance wiit be provided, or premium contriautions paid, for any retiree age sixty-five (65) or over. . Subd. 3 Benefit Eli�bilitv for Em�lo�ees After Ane 65 3.1 �mr�lovees hired into the District before Januar�! 1. 1996. who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contribuiions for health insurance described in Subd. 4 of this Article. 3.2 Em�loyees hired into rhe District before Januarv 1. 1996, who retire at age 65 or older must have compieted the following service eligibility requirements to receive District contributions toward post-age-65 health insurance premiums: A Employees hired before January 1, 1989, must be continuously employed with the District. B. Employees hired on or after January T, 1989, must have completed at least twenty (20) years of continuous emptoyment with the District and meet the remaining requirements in Subd. 1 of this Article. Years of certified civii service time with the City of Saint Paul eamed prior m January 1, 1996, wiil continue to be counted toward meeting the District's service requirement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. C� 1� � ARTICLE 15. INSURANCE BENEFITS, Section 2. (continued): 3.3 No em�lovee hired on or after January 1. 1996, shal{ have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after January 1, 1996, shail be eligible for oniy earlv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. uS bd. 4• Emplover Contribution Levels for Emolovees After Age 65 4.1 Em i�o�ees hired into the District before January 1. 1996, who meet the eligibi{ity requirements in Subdivisions 3.1 and 3.2 04 this Article are eligib{e for premium contributions for a Medicare Supplement heaith coverage policy selected by the District. Premium contributions for such policy will not exceed: Coverag.e Tv�e Medicare Eligible Non-Medicare El+gible in le $300 per month $400 per month Familv $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. • • Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. uS bd• 5• Em�Iovees hired after Januar� 1. 1996, after compietion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an emp4oyer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working haff-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shatt rmt be counted in reaching the three (3) full years of consecutive active service, and shali not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federa! and state rules governi�g participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her totai maximum ailowable annuai contribution amount under IRS regulations. The emptoyee must in+tiate an application to participate through the Distsict's specified procedures. 12 ARTICLE 16. SECTION 1 . Article. SEVERANCE PAY The Employer shall provide a severance pay program as set forth in this ubd 1. To be eligible for the severance pay program, an employee must meet the following requirements: 1.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). The "Rule of 90" or the °Rule of 85" criteria shall a(so app(y to emp(oyees covered by a pubfic pension plan other than PERA. 1.2 The employee must be voluntarily separated from Schooi District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discMarged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 1.3 Tfie emptoyee must have at least ten (1 d) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, empioyment in either Independent School District No. 625 or i n the City of Saint Paul may be used in meeting this ten (10)-year service requirement. 1.4 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or re-employment (of any type) with Independent School District No. 625 or with the City of Saint Paut. 1.5 The employee must have accumulated a minimum of four hundred and eighty (480) hours of sick leave credits at the time of his separation from service. Subd.2. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) 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 one thousand six hundred (1,600) accrued sick leave hours. u�,bd. 3. The maximum amount of money that any employee may obtain through this severance pay program is $6,500. S�bd. 4. For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. u� bd. 5. For the purpose of this severance pay program, a transfer from independent Schooi Districi No. 625 empioyment to City of Saint Paul employment is not considered as separation of employment, and such transferee shafl not be eligible for this severance program . Subd. 6, Payment of severance pay shal! be made within the tax year of the retirement as described in Business Office Rules. � � • 13 ! . • ARTICLE 17. WORKING CONDITIONS SECTION 1. Emergencv Closinc�s. If it becomes necessary or desirable to close a school as a result of an emergency, the effort shait be made to notify employees not to corrie m work. Employees not notified who report for work shail be granted two (2) hours' pay at their regular rate. SECTtON 2. Worksho�s. Employees in the Food Service program required by the Food Service Director to attend Food Service workshops shail be reimbursed for the tuition of the workshop and wili be paid the normai houriy rate for the time spent in the workshop. SECTION 3. Mileaae. When an employee is authorized by the proper supervisor to use his or her personaf vehicle in the interest of the Emptoyer, mileage reimbursement w i I I be paid ai 31 a per mile or the current Schooi District rate whichever is greater, and by the approval of the Food Service Director. SECTION 4. Workin�0ut Qf Classification. Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-c�ass assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another ciassificaiion. For the purposes of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if heJshe were promoted to the higher classification. SECTION 5. Work In Advance Of School Year. In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the workforce, the manager wili make the arrangements from a School District facility as assigned, and will be paid the regular contract rates for the assigned duty time. SECTION 6. Saint Paul Food Manager's Certification. The parties recognize and acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding a position covered by this agreement, and will be a requirement prospectively for new appointees, as wel4 as employees hired prior to January 1, 1992. Certification or a State of Minnesota Certification if regulation changes. The test or tests for the certification wiil be taken on the emptoyee's own time. The District will pay a maximum of $30 one (1) time in a two (2)-year period to reimburse the employee for the fees for acquiring the renewal certification for those empioyees appointed in these titles prior to January 1, 1992. 14 ARTICLE 18. COURT DUTY SECTION 1. Any empioyee who is required to appear in court as a juror or as a subpoenaed witness shalt be paid his/her regutar pay while so engaged, untess the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Empioyer. Any employee who is scheduled to work a shift other than the normai daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 19. DISCIPUNE AND DISCHARGE SECTION 1. The Employer shail have the right to impose disciplinary actions on employees for just cause. SECTION 2. actions: 1) 2) 3} 4) 5) Disciplinary actions by the Emptoyer shall include only the following Oral reprimand; Written reprimand; 5uspension; Demotion; Discharge. SECTION 3. Empioyees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the grievance procedure provided i n Article 20 of this Agreement, including arbitraiion. This contract grievance procedure shali be the normal process for such review. SECTION 4. Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension demotion, or discharge, the supervisor will make a recommendation n� his/her supervisor regarding proposed discipline. That supervisor wiil then meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. � • • 15 . ARTICLE 20. GRIEVANCE PROCEDURE SECTION 1. This grievance procedure is established to resoive any specific dispute between the employee and ihe School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the empioyee may choose to present hislher grievance wi2hout being represented by a Union representative, provided however, that the Union representative shali be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved empioyee and a Union representative sha{I be altowed a reasonable amount of time without loss of pay when a grievance is invesiigaied and presented to the Employer during normal working hours provided that the empioyee and the Union representative have notified and received the approval of the designated supervisor and provided that such absence is reasonabte and wouid not be detrimental to the work programs of the � Employer. tt is understood that the Emp{oyer sha!{ not use the above {imitation to hamper the processing of grievances. SECTION 4. A grievance shall be resoived in the foilowing manner: ubd. 1, te 1. Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is later, discuss the complaint oraliy with the Director of School Food Service (or other representative designated by the Superintendent). The Director of Schooi Food Service (or SuperintendenYs representative) shall attempt to adjust the complaint at that time. uS bd• 2• Sten 2. If the grievance is not resolved through oral discussion and concluded within five (5) working days, the employee may appeat the grievance � Step 2 by placing the grievance in writing, setting forth the nature of the grievance, the facts on which it is based, the provisions of the Agreeme�t allegedly violated, and the remedy requested. This written statement shall be presented to the Director of School Food Service for formal discussion and written response. The formal discussion of the grievance shall be within ten (10) working days of the receipt of the written grievance by the Director of School Food Service. A reply shaii be given to the employee and the Union in writing within ten (1Q) days following the formal discussio�. tf the employee is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. • 'I 6 ARTICLE 20. GRIEVANCE PROCEDURE (continued) u5 bd. 3. te . A grievance �ot resolved in Step 2 and appealed to Step 3 shall be placed in writing setting forth the nature of the grievance, the facts on which ii is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 3 by the employee and the Union within fifteen (1 5) working days after the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the empioyee and the Union within fifteen (] 5) working days shall be considered waived. if appealed, the written grievance shail be presented by the employee and the Union and discussed with the Superintendent of Schools or designated representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shali give the Union the Emptoyer's Step 3 answer in writing within ten (70) working days following the presentation and discussion of the matter. If the employee is not satisfied with the findings on Step 3, the Union may request arbitration within ten (10) working days after receipt of the Employer's reply on Step 3. � ubd. 4. te 4. A grievance unresoived in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutualiy-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services. � SECTION 5. The arbitrator shall have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shali consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any otfier issue not so submiited. 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, copies to both parties and the Bureau of Mediation Services within ihirty (30) days following the ctose of the hearing or the submission of briefs by the parties, whichever be laier, unless the parties agree to an extension. The decision shali be binding on both ihe Employer and the Union and shall be based solely on the arbiirator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. � fr7 . ARTICLE 20. GRIEVANCE PROCEDURE (continued) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Empioyer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of tfie proceedings, it may cause such a record to be made, providing it pays for the record. lf both parties desire a verbatim record of the proceedings, the cost shaii be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appeated to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance ro the next step. The time limit in each step may be extended by mutuai written agreement of the Employer and the Union in each step. SECTION 6. Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federaf or state court of law, or before an administrative tribunal, fedesal agency, state agency, or seek+ng relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another form as outlined • herein, the employee shall waive his/her right to initiate a grievance pursuant to this Artide, or, if the grievance is pending in the grievance procedure, the right to pursue it further shail be immediately waived. This Section shail not apply to actions to compel arbitration as provided in this Agreement or to enforce ihe award of an arbitrator. L� 18 ARTICLE 21. LEAVES � SECTION 1. Lonp-Term Leaves Without Pay. Leaves of absence may be requested and are subject to approval of the department head. The Food Service Director wiil reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. A iist of typicat leaves is provided below. This list does not cover a I I possible reasons. . Physical or mentaf incapacity of the emptoyee to perform their work efficiently, where the granting of a leave wi!! permit the employee to receive treatment enabling them to return io School District service; • Election or appointmeni ot a full-time, paid position in an organization or union whose members consist largely or exclusively of employees of the School District; • Education or training relating to the employee's regular duties or to prepare the employee for advancement; . Election of the employee to a School District position; . Appointment of the employee to an unclassified School District position; . Disability or injury received in the performance of duty rwi due to the negligence of the employee for the period the employee is receiving compensaYion payments from the School District for temporary partial disabiiity or temporary totai disabitity; • Parental leave upon the request of the employee. S Empioyees returning from leave will be placed in the next available vacancy in their job title. SECTION 2. Short-Term Leaves Without PaX. Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and wili be considered by the Employer subject to the operational needs of the Employer and the abiliiy to secure substitute hefp io satisfactorily maintain the particutar assignment of the employee involved. ub . 1, Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shal( include the proposed period of the leave and purpose for feave. uS bd• 2. Effective April 1, 1979, the Director of Food Service shaU notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately foliow a one-week or two-week school vacation, the thirty (30) days' notice sfiaft occur thirty (30) days before the beginning of such vacation period, providi»g the request was received at least fifteen (15) days earlier. SECTION 3. Family and Medical Leave, Leaves of absence shall be granted as required under the federaf law known as the Family Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. • 19 . ARTICLE 22. UNIFORMS SECTION 1. Employees will be provided two (2) new uniforms per schooi year by the Emptoyer; empioyees who are assigned a twelve (12)-month work year, rather than the school year, will receive three {3) new uniforms per year. Selection of uniforms is the Empioyer's option. u6d. 1. A new employee must have worked at least thirty (30) working days in a forty-five (45) working-day period before receiving the three (3) uniforms supplied for start up by the Empioyer. u�bd• 2. An employee who has received uniforms and then terminates empioyment for any reason after less than six (6) fuii months of active employment, is obligated to return ihe uniforms to the School Food Service. if the uniforms are not returned, 90% of the+r costs will be deducted from the final paycheck of the terminating employee. ARTIGLE 23. WAGES SECTION 1. Waae Rates, See wage rates described in Appendix A. SECTION 2. initiai StegPlacement. Initial step placement when an employee is originally hired, moves from another unit into a title covered by this Agreement or from one title covered by this Agreement to a different title under this Agreement, shall be • governed by Civil Service Rules. SECTION 3. Salary Ste� Progressio�. Progression through the steps of a salary range in this contract will be based on the followi�g conditions: u d. 1. Employees must have received an overall rating of "satisfactory" on their most recent performance evaluation to receive any salary step advancement. uS bd• Z. Step movement will be effective on the first day of the first pay period foliowing the employee's anniversary date in the empioyees current job title. The employee shail be eligibie for step movement in Steps 1-5 provided the employee has worked at least 1,000 hours in the previous year prior to that anniversary date. uS bd. 3. The employee shali be eligible for step movement in Steps 6-9 every two (2) years provided the employee has worked at least 1,000 hours in each of the prior two (2) years. However, an employee who has completed years of service greater than or equal to the years of service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2 until the employee's years of service completed match the years of service required for the step. Employees appointed to a position in the bargaining unit on or after January 1, 1 995, once placed on the salary schedule, will advance thereafter from step to step based on accumulation of ihe appropriate number of hours between the steps as detaifed above and without reference to any prior employment in the District. SECTION 4. Pay Eauitv Comeliance Option. During the term of this Agreement, the Soard may at its discretion unilateratly increase the pay rates provided in Appendix A i n . an effort to achieve compliance with the requirements of the Minnesota Pay Equity Ac[. Ten (10) days of notice to the Union will be provided prior to taking such action. 20 ARTICLE 24. SEVERABILITY In the event that any provision(s) of this Agreement is deciared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provision shatl continue in full force and effect. The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative or judicial determination. ARTICLE 25. WAIVER The Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment 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. Any and all prior ordinances, agreements, resolutions, practices, regulations regarding the terms and conditions of employment, inconsistent with this Agreement, are hereby superseded. policies, and rules or to the extent they are • • l J 21 � ARTICLE 26. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 1997 through June 30, 1998, and shall automaticaily be continued from year to year thereafter, unless a new agreement is developed in accordance with the provisions of the Public Employment �abor Relations Act of 1971, as amended. intent io negotiate a new agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. COOK MANAGERS AGREEMENT • � This Agreement is by and between Independent School District No. 625 and School Service Empioyees Locai No. 284, S.E.I.U., AFL-CIO, on behalf of Cook Managers. In full settlement of these negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this sett�ement shall be subject to approvai and adoption by the Board of Education of Independent School District No. 625 as weii as ratification by the Union. INDEPENDENT SCHOOL DiSTR1CT N0. 625 SCHOOL SERVICE EMPLOYEES LOCAI N0. 284, S.E.t.U., AFL-CIO Chair, Board of Education NegotiationsJLabor Relations Manager Negotiations/Labor Relations Assistant Manager Date Business Representative Steward Date 22 BIWEEKLY RATES Effective: Julv 5. 1997 STEP STARi 1 YEAR 2 YEAR 3 YEAR 4 YEAR APPENDfX A • 6 YEAR 8 YEAR 70 YEAR 12 YEAR TitleS Quality Control Assistant 7,003.47 1,Q43.54 7,085.29 7,728.72 7,173.85 ],203.20 1,232.55 7,29420 1,411.30 Food Production Supervisor 1027.49 7,068.60 1177.35 1,755.75 1,202.02 7,232.08 7,262.73 7,325.24 1,444.47 Catering Coorclinator i 7,170.67 i,i53.42 1,197.86 7,244.10 7,274.15 1,304.20 7,367.37 1,487.71 School Lunch Coordinator 7,095.86 7,136.97 1,779.7i 7,224.76 7,270.40 1,300.45 1,330.50 1,393.60 i,513.80 MINNESOTA PROFESSIONAL DEVELOPMENT PLAN FOR SCHOOL FOOD SERVICE AND NUTRITION - LEVEL 3 CERTIFICATION PREMIUM When a regularly (civil service) certified and appointed employee shall have completed the credit • hours required for Level 3 of the Minnesota Professional Development Plan for School Food and Nutrition and shaii have received such certification, that employee shall become eligib�e for an additional $O.tO (ten cents) per hour premium over and above his/her normat biweekly rate of pay for ai! hours on the payroil so Io�g as the employee maintains a current Level 3 certificaiion. Paymentofthe $0.10 (ten cents) per hour premium shall become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed Level 3 certification. Employees must maintain current Level 3 certification and show evidence of the renewed certification to be eligibie for conti�uation of the premium. LEAD FOOD PRODUCTION SUPERVISOR PREMIUM When a regularly certified and appointed Food Production Supervisor is assigned the duty of Lead Food Production Supervisor, the employee shall be paid an additional $.50 (fifty cents) per hour over and above his/her normal hourly rate of pay for the hours worked on each workday assigned in the Lead person function. This duty shall be assigned or discontinued at the sole discretion of the Director of Schooi Food Service. Onty a regularly appointed Food Production Supervisor is eligible for the premium, when properiy assigned. At any time when the Director of Food Service plans to assign this Lead function to an empioyee i n the Food Production Supervisor title for more then ihirty (30) working days, all employees working in that titte wifl be notified and fiave an opportunity to express interest in the duty. • 0 I 4'` q�-�a� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: November 18, 1997 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools, and School Service Employees, Local No. 284, Exclusive Representative for Cook Managers A. PERTINENT FACTS: 1) New Agreement is for a one-year period from July 1, 1997 through June 30, 1998. 2) Contract changes are as follows: EmployedEm�loyee Rights: Language included describing typical management and employee rights. Holida�Nacation: Replaced the Columbus Day holiday with the Day after Thanksgiving and transferred Veterans Day and two floating holidays to vacation days. Insurance: Effective January 1, 1998, the DistricYs health insurance premium contribution fior fiamily coverage increases from $33� to $350 per month. The premium contribution for single coverage remains at $190 per month. Retiree health insurance language revised, removing transitional severance and deferred compensation options for employees hired before January 1, 1996. Severance: Language revised so that payment is made within the tax year of retirement. W es: Increase salary scheduie by 2.1% and added an additional pay equity adjustment of 1.5% to the top step. This resulted in an average increase of 2.45%. 4) The District has 11 regular employees in this bargaining unit. 5) This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of tndependent Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom School Service Employees, Local No. 284, is the exclusive representative; duration of said Agreement is for the period of July 1, 1997 through June 30, 1998. ORIG�NAL RESOLUTION OF SAINT PAUL, MINNESOTA Council File # �[$�?a.� Green Sheet # 62408 /� Presented by�/( �� L,�f��//v�� Referred To Committee Date 1 RESOLVED, that the Council of the Ciry of Saint Paul hereby approves and ratifies the attached 2 1997-1998 Agreement between the Independent School District No. 625 and School Service Employees 3 Local #284, S.E.I.U., AFL-CIO representing Cook Managers. DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 62408 ��'� �y LABOR RELATIONS 7uly 28, 1998 CONTACT PERSOI� & PHONE: � INI77qLppTE 1T777pIJpp'[� J[JLIE KRAUS 266-6513 ASSIGN 1 DEPARl'MENT DIR �_ 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY �_ CITY CLERK MUST BE ON COUNCIL AGENDA BY (DATE) FOR BUDGET DIR. � FIN. & MGT. SERVICE DIR ROUTSNG 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATIJRE PAGES_i (CLIP ALL LOCATIOYS FOR SIGNA7L'RE) ncnox �Qussten: This resolution approves the attached 1997-1998 Agreement between Independent School District No. 625 and School Service Employees Local #284, S.E.I.U. AFL-CIO, representing Cook Managers. RECOivIIviENDATTONS: Approve (A) or RejeM (it) PERSONAL SERVICE CONTAACTS MUST AWSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CiVIL SERVICE COMMISSION 1. Haz fl�is person/firm ever worked under a conVact for this depar[mrnt? _CIB COMIvDTTEE Yes No �STAFF 2. Has this petsontfirm ever been a ciry employee? DISTRICTCOURT Yes No SUPPORTS WFDCH COL7NCIL OBIECTIVE? 3. Dces this person/firm possess a ski7l not normally possessed by any current city emptoyee? Yes No Explain aFl yes answers on separate sheet and attach to greeo sheet INIT[ATING PROBLEM, ISSUE, OPPORT[)IVITY (Who, What, When, Where, Why): ADVAN7'AGES IF APPROVED: This Agreement pertains to Board of Education empioyees only. REGEtVED AUG 0 3 lggg DISADVANTAGESIFAPPROVED: �Q ��,� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FIJNDING SOURCE: ACfrvTfY NUMBER: FINANCWL INFORMATION: (EXPLAII� V'i1��L�1 R�Sp�IC�! �a�£��v' Ai�� 439 ,'3,"nY" t 7" f � " # � i°u'- ..ro� ; r r �w:: �"1.i.a''x�x• � a 's' �:,':;.: JU4. 3 ; 1�9� ��T`� ��`��`�� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUSLIC SCHOOLS DATE: November i8, 1997 � ,��y TOPIC: Approvai of Empioyment Agreement Between fndependent School District No. 625, Saint Pau! Public Schools, and Schooi Service Employees, Local No. 284, Excfusive Representative for Cook Managers A. PERTlNENT FACTS: 1) New Agreement is for a one-year period from July i, 1997 through June 30, 1998. 2) Contract changes are as follows: Empioyer/Employee Rights: Language inciuded describing typical management and employee rights. HolidaysNacation: Replaced the Columbus Day holiday with the Day after Thanksgiving and transferred Veterans Day and 1wo floating holidays to vacation days. Insurance: Effective January 1, 1998, the DistricYs heaith insurance premium contribution for fami{y coverage increases from $330 to $350 per month. The premium contribution for single coverage remains at $190 per month. Retiree health insurance language revised, removing transitional severance and deferred compensation options for employees hired before January 1, 1996. Severance: Language revised so that payment is made within the tax year of retirement. Waaes: Increase salary schedule by 2.1 % and added an additionai pay equity adjustmerit of 1.5% to the top step. This resulted in an average increase of 2.45°!0. 4) The District has 11 regular empioyees in this bargaining unft. 5) This request is submitted by Susan Gutbrod, NegotiationsJLabor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager, and William A. Larson, Assistant Superintendent, Fiscat Affairs and dperations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning 'the terms and conditions of employment of those employees in this school district for whom School Service Empioyees, Local No. 284, is the exclusive representative; duration of said Agseement is for the period of July 1, 1997 through June 30, 1998. ;� � � � J � • ARTICLE Article 1. Artic(e 2. Article 3. Article 4. Article 5. Article 6. Ariicle 7. Article 8. Article 9. Article 10. Article 11. Article 12. Artic{e 13. Article 14. Article 15. Article 16. Article 17. Article 7 8. Article 19. Article 20. Articie 21. Articie 22. Article 23. Articie 24. Articfe 25. Article 26. APPENDIX A. CONTENTS PA E Definition Of Agreement .................................................................................1 Recognition ...................•••-•-.••......................................................................... 1 CheckOff, Fair Share .....................................................................................2 Management ......................................................................................... 2 EmpioyeeRights .............................................................................................3 Maintenance Of Standards .............................................................................. 3 Non-Discrimination ....................................................................................... 3 Holidays.......................................................................................................... 4 SickLeave ....................................................................................................... 5 Hours, Overtime .............................................................................................5 Vacations......................................................................................................... 6 LunchSreak ...................................................................................................6 Civi{ Service Examinations ............................................................................7 Lay-Off Notice ................................................................................................7 insurance Benefits ......................................................................................... 8 SeverancePay ..............................................................................................1 3 WorkingConditions ......................................................................................14 CourtDuty ....................................................................................................15 Discipline And Discharge .............................................................................1 5 Grievance Procedure ....................................................................................16 Leaves...........................................................................................................1 9 Uniforms......................................................................................................20 Wages............................................................................................................ 2 0 Severability.................................................................................................21 Waiver .......................................................................................................... 21 Duration Of Agreement .................................................................................22 Wage Scale � ARTICLE 1. DEFINITION OF AGREEMENT SECTtON 1. Parti s. This Agreement is entered into between the 8oard of Education, )ndependent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board of Education, and School 5ervice Employees Local No. 284, S.E.I.U. (certified by the Director of the Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Local No. 284, pursuant to and in compliance with the Public Employment Labor Relations Ac[ of 1971 (PELRA), as amended, to set forth the terms and conditions of emptoymenT. SECTtON 2. P r se. The purpose of this Agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE 2. RECOGNITION SEC710N 1. The Board of Education recognizes Local No. 284 as the certified exciusive representative for the fo(lowing unit: C� All food service personnef in the ciassifications listed in Appendix A � employed by Independent Schooi District No. 625, who are pubtic employees as defined by PELRA. SECTION 2. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, Siate of Minnesota, for ali personnel defined in Section 1 of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. • � ARTICLE 3. CHECK OFF, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those emp�oyees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of ali employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter SECTIOfV 2. Any present or future employee who is not a Union member shali be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shali the required contribution exceed 85°to of the Union membership dues amount. This provision shall remain operative only so long as specificaily provided by Minnesota law. 4n the event there is a change in the law permitting the Union to assess an amount i n excess of 85% of regular membership dues, the fuli amount permitted by law may be assessed by the Union. SECTION 3. The Union will indemnify, defend, and hoid the Schooi District harmless � against any claims made and against any suits instituted, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MANAGEMENT R{GHTS SECTION 1. The Emptoyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to seiect, direct, and determine the number of personnei; arxf to perform any inherent manageriat function not specifically limited by this Agreement. SECTtON 2. This Agreement establishes the "terms and conditions of emptoyment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of employment" established by Civii Service Rules, Council Ordinance, and Council Resolution. � 2 ARTICLE 5. EMPLOYEE RIGHTS SECTION 1. Rights to Views. Nothing contained in this Agreement shall be construed to limit, impair or affect the right of any employee or the employee's representative to the expression or communicaiion of a view, grievance, complaint or opinion on any matter related to the conditions or compensation of public employment or its betterment, so tong as the same is not designed to and does not interfere with the full faithfu! and proper performance of the duties of employment or circumvent the rights of the exclusive representative. SECTtON 2. Information. The Exclusive Representative shali have access, upon reasonable notice, to appropriate and available financial information, not dee�r�ed confidential, necessary to perform its duties as prescribed by the PELRA. ARTICLE 6. MAINTENANCE OF STANDARDS SECTION 1. The Emptoyer agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and genera! working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resoluiion No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, arrd ttre conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 7. NON-DISCRIMINATION SECTION 1. Neither the Union nor the Empioyer shall discriminate against any employee because of Union membership or non membership, or because of race, color, sex, religion, national origin or political opinion or afFiliations. � � � r� LJ � • ARTICLE 8. HOLIDAYS SECTION 1. Regutar or provisionat employees in the bargaining unit shall be granted holidays off with pay provided, however, that their names have appeared on the payroll on any six (6) working days of the nine (9) working days preceding the holiday, or on the last working day before the hoiiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shall a holiday be counted as a working day; holiday pay is assured for the Labor Day, Christmas Day, and New Year's Day holidays, for any active and regularly-working empfoyee. The following days are declared to be the holidays: New Year's Day Martin Luther K+ng Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May Ju(y 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. If one of the above listed ho4idays falls on a day when schoot is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday. Aii employees will be expected to work on all days when school is in session, except when on approved �eave. 4 ARTICl.E 9. SlCK LEAVE � SECTlON 1. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligibie for sick leave, the employee must report to his/her supervisor no later than one-half (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. SECTION 2. S�ecified Allowable Uses of Sick Leave 2.1 Any emptoyee who has accumulated sick leave credits as provided above shali be granted leave wi2h pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee or quarantine established and deciared by the 8ureau of Health, and may be granted leave with pay for such time as is actuaily necessary for office visits to a doctor, dentist, opcometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 2.2 Sick Child Care Leave. An emptoyee who works twelve ( 7 2) consecut+ve months per year for an average of twenty (20) or more hours per week may use accumulated personal sick leave credits for abse�ces required to care for the employee's itl child. Sick leave for sick child care shali be granted on the same terms as the empioyee is able to use sick leave for the employee's own iliness. This leave shall only be granted pursuant to Minnesota Statute § 181.9413 and • shaH remain avaitabte so tong as provided in Statuce. 2.3 Bereavement/Family Iilness/Emergency Leave. Up to forty (40) hours of leave per year is affowed for serious famiiy iliness, emergencies, or bereavement of a family member, including spouses, parents, children, or a person whd is a member of the household. The days aliowed and used shall be deducted from accumulated sick (eave. Additional days may be aftowed at the discretion of the department head. 2.4 Funeral Leave. Any employee who has accumulaied sick leave credits shall be granted one day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sister-in-law or brother-in-law. ARTICLE 10. HOURS, OVERTIME SECTION 1. Hours. This 5ection is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normaf workday shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shaii be an average of forty (40) hours of work. SECTION 2. vertime. Overtime is to be paid for at the rate of time and one-half (1 /2) for all assigned hours worked on the job in excess of forty (40) hours per week, on payroll. � 5 ! ARTICLE 11. VACATIONS SECTION 1 . 1.1 Vacation AccruaV. Vacations shal{ be earned by e{igible employees on the basis of the foflowing formu(a: Years of Service First Five Years After Five Years After Ten Years After Fifteen Years After Twenty-five Years Hours of Vacation Earned Per Hour on Payro4l .0539 .0730 .0808 .0962 .1000 Estimated Annuai Hours Earned 112 152 168 200 208 Estimated Annuaf Davs Earned 14 19 21 25 26 Calculations above are based on 2,080 hours of work and shail be rounded off to the nearest hour. 1.2 Vacation Carr, Over. Upon written notice to the emptoyee's supervisor and upon the supervisor's written approval, an empioyee may carry over up to one � hundred twenty (120) hours of accrued, unused vacation time into the next calendar year. Any accrued, unused vacation time in excess of one hundred twenty (120) hours will be fosfeited ai the end of the calendar year in which it is earned. • 1.3 Vacation Scheduli�g, Vacations must be scheduled in advance and are subject m approval of the employee's supervisor. SECTION 2. Sick Leave Conversion. Accumulated sick leave in excess of one thousand four hundred and forty (1,440) hours' may be converted to vacation at the rate of sixteen (76) hours' sick leave for eight (8) hours' vacation up to a maximum of forty (40) hours' vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. � ARTICLE 12. LUNCH BREAK SECi'ION 1. All emptoyees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE 13. CIVIL SERVICE EXAMINATIONS SECTION 1. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no lacer than five {5) working days before the closing date for examination. ARTICLE 14. SECTION 1 . laid off. LAY-OFF NOTICE Whenever possibie, two (2) weeks of notice shall be given any employee � • • 7 . ARTICLE 15. INSURANCE BENEFITS Schoot District No. 625 wil! contribute toward the premium cost of benefits for eligible employees. The Empioyer will attempt to prevent any changes in the benefits offered by a heaith maintenance organizations plan. However, employees selecting coverage offered by a health maintenance organization agsee to accept any changes in benefits which the specific health maintenance organization implements. SECTION 1. ACENE EMPLOYEE INSURANCE ubd. 1. Eliaibility Waiting Period. Effective Januarv i. 1998, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible empioyee can receive the District's contribution of premium cost for insurance provided herein. uS bd• 2. Effective July 1. 1997, the Empioyer agrees to contribute to the premium cost of empfoyee hospital and medicai coverage �p to $190 per rnonth for each fu{{-time employee who is eligibie for such coverage, and who selects single coverage; or up to $330 per month for each fuil-time employee who is eligible for such coverage, and who selects family coverage. 2.1 Effective Januar�l. 1998, the Empioyer agrees to contribute to the premium � cost of empioyee hospital asid medica! coverage up to $350 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. The premium contribution for single coverage remains at $190 per month. Subd. . Life Insurance. The Empioyer wi41 contribute to the cost of $25,000 life insurance coverage. The cost to the Employer for life insurance coverage shaii not exceed $6.32 per month. The life insurance coverage and Employer contribution toward life insurance premiums terminates at retirement. Subd. 4. Dentai Insurance. The Empioyer agrees to concribute up to $26 per month to the premium cost for a dental pian sefected by the Empfoyer, for each employee who is eligible for such coverage. • ARTICLE 15. INSURANCE BENEFITS (continued) SECTION 1. ACTIVE EMPLOYEE INSURANCE (continued): u . 5. Contrbuiion Status. 5.1 Fuli-time Status. Eligible employees regularly assigned more than six (6) hours per day wiii receive the fuli Employer contribution amount. 5.2 Ftalf-Time Status. For etigibie empioyees regularfy assigned four (4) tr� six (6) hours work per day, the Emptoyer will contribute up to one-half of the full Empioyer contribution amount. 5.2.1 M employee with full contribution as of January 1, 1990, who is reduced to half-premium eligibility hours because of health disability or Employer-initiated hours reduction, shall not be reduced in premium contributions for twelve (12) calendar months from the date of his/her hours reduction, so lo�g as he/she remains actively employed at the half-premium eligibility level. � uS bd. 6. Flexibie Spending, Account. It is the intent of the Employer to maintain during the term of this Agreement a pian for medical and child care expense accounts to be available to employees in this bargairting unit who are eligible for Employer-paid � premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. Subd• 7. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroti deduction. C� • ARTICLE 15. INSURANCE BENEFITS (continued): SECTION 2. RETIREMENT HEALTH iNSURANCE ubd. 1. Benefit Etigibility for Em�lovees who Retire Before Age 65 1.1 Em�lovees hired into District service before January 1. 1996, must have completed the following service e4igibilicy requirements with tndependeni Schoo! District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retireme�t: A Be receiving pension benefits from PERA, St. Paul Teachers Retirement _ Association or other public empioyee retiree program at the time ofi retirement and have severed the employment reiationship with {ndependent Schoo! District 625; L� C. � i Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service, or; E. Must have completed at least twenty (20) consecutive years of service within Independent Schooi District No. 625 immediately preceding retirement. Years of regufar service with the City of Saint Paul wil{ continue to be counted toward meeiing the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. �J 1.2 Em�lovees hired into District service after January 1. 1996. must have completed twenty (20) years of service with Independent School District No. 625. Time with the City of Saint Paul wiil not be counted toward this twenty (20)-year requirement. 1.3 A reciree may not carry hisfher spouse as a dependent if such spouse is aiso an Independent School District No. 625 retiree or Independent Schoo! District No. 625 empioyee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.4 Additional dependents beyond th�e designated to the District at the time of fetirement may not be added at District expense after retirement. 7.5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 10 ARTICLE 15. INSURANCE BENEFITS, Section 2. (continued): • b. 2. Em�lover Coniribution Levels for Emolovees Retirinp Before Pge 65 2.1 Heaiih Insurance fmployer Contribution The District wifl for the period of this Agreement provide emp(oyees who meet the eiigibility requirements for health insurance in 1.1 or 1.2 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or famify coverage to the carrier at the employee's date of retirement shali constitute the timit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may rwt tater ctaim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life Insurance Employer Contribuiion The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eiigibfe retirees for $5,000 of life insurance oniy until their 65th birthday. No iife insurance wiit be provided, or premium contriautions paid, for any retiree age sixty-five (65) or over. . Subd. 3 Benefit Eli�bilitv for Em�lo�ees After Ane 65 3.1 �mr�lovees hired into the District before Januar�! 1. 1996. who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contribuiions for health insurance described in Subd. 4 of this Article. 3.2 Em�loyees hired into rhe District before Januarv 1. 1996, who retire at age 65 or older must have compieted the following service eligibility requirements to receive District contributions toward post-age-65 health insurance premiums: A Employees hired before January 1, 1989, must be continuously employed with the District. B. Employees hired on or after January T, 1989, must have completed at least twenty (20) years of continuous emptoyment with the District and meet the remaining requirements in Subd. 1 of this Article. Years of certified civii service time with the City of Saint Paul eamed prior m January 1, 1996, wiil continue to be counted toward meeting the District's service requirement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. C� 1� � ARTICLE 15. INSURANCE BENEFITS, Section 2. (continued): 3.3 No em�lovee hired on or after January 1. 1996, shal{ have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after January 1, 1996, shail be eligible for oniy earlv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. uS bd. 4• Emplover Contribution Levels for Emolovees After Age 65 4.1 Em i�o�ees hired into the District before January 1. 1996, who meet the eligibi{ity requirements in Subdivisions 3.1 and 3.2 04 this Article are eligib{e for premium contributions for a Medicare Supplement heaith coverage policy selected by the District. Premium contributions for such policy will not exceed: Coverag.e Tv�e Medicare Eligible Non-Medicare El+gible in le $300 per month $400 per month Familv $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. • • Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. uS bd• 5• Em�Iovees hired after Januar� 1. 1996, after compietion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an emp4oyer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working haff-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shatt rmt be counted in reaching the three (3) full years of consecutive active service, and shali not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federa! and state rules governi�g participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her totai maximum ailowable annuai contribution amount under IRS regulations. The emptoyee must in+tiate an application to participate through the Distsict's specified procedures. 12 ARTICLE 16. SECTION 1 . Article. SEVERANCE PAY The Employer shall provide a severance pay program as set forth in this ubd 1. To be eligible for the severance pay program, an employee must meet the following requirements: 1.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). The "Rule of 90" or the °Rule of 85" criteria shall a(so app(y to emp(oyees covered by a pubfic pension plan other than PERA. 1.2 The employee must be voluntarily separated from Schooi District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discMarged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 1.3 Tfie emptoyee must have at least ten (1 d) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, empioyment in either Independent School District No. 625 or i n the City of Saint Paul may be used in meeting this ten (10)-year service requirement. 1.4 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or re-employment (of any type) with Independent School District No. 625 or with the City of Saint Paut. 1.5 The employee must have accumulated a minimum of four hundred and eighty (480) hours of sick leave credits at the time of his separation from service. Subd.2. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) 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 one thousand six hundred (1,600) accrued sick leave hours. u�,bd. 3. The maximum amount of money that any employee may obtain through this severance pay program is $6,500. S�bd. 4. For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. u� bd. 5. For the purpose of this severance pay program, a transfer from independent Schooi Districi No. 625 empioyment to City of Saint Paul employment is not considered as separation of employment, and such transferee shafl not be eligible for this severance program . Subd. 6, Payment of severance pay shal! be made within the tax year of the retirement as described in Business Office Rules. � � • 13 ! . • ARTICLE 17. WORKING CONDITIONS SECTION 1. Emergencv Closinc�s. If it becomes necessary or desirable to close a school as a result of an emergency, the effort shait be made to notify employees not to corrie m work. Employees not notified who report for work shail be granted two (2) hours' pay at their regular rate. SECTtON 2. Worksho�s. Employees in the Food Service program required by the Food Service Director to attend Food Service workshops shail be reimbursed for the tuition of the workshop and wili be paid the normai houriy rate for the time spent in the workshop. SECTION 3. Mileaae. When an employee is authorized by the proper supervisor to use his or her personaf vehicle in the interest of the Emptoyer, mileage reimbursement w i I I be paid ai 31 a per mile or the current Schooi District rate whichever is greater, and by the approval of the Food Service Director. SECTION 4. Workin�0ut Qf Classification. Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-c�ass assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another ciassificaiion. For the purposes of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if heJshe were promoted to the higher classification. SECTION 5. Work In Advance Of School Year. In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the workforce, the manager wili make the arrangements from a School District facility as assigned, and will be paid the regular contract rates for the assigned duty time. SECTION 6. Saint Paul Food Manager's Certification. The parties recognize and acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding a position covered by this agreement, and will be a requirement prospectively for new appointees, as wel4 as employees hired prior to January 1, 1992. Certification or a State of Minnesota Certification if regulation changes. The test or tests for the certification wiil be taken on the emptoyee's own time. The District will pay a maximum of $30 one (1) time in a two (2)-year period to reimburse the employee for the fees for acquiring the renewal certification for those empioyees appointed in these titles prior to January 1, 1992. 14 ARTICLE 18. COURT DUTY SECTION 1. Any empioyee who is required to appear in court as a juror or as a subpoenaed witness shalt be paid his/her regutar pay while so engaged, untess the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Empioyer. Any employee who is scheduled to work a shift other than the normai daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 19. DISCIPUNE AND DISCHARGE SECTION 1. The Employer shail have the right to impose disciplinary actions on employees for just cause. SECTION 2. actions: 1) 2) 3} 4) 5) Disciplinary actions by the Emptoyer shall include only the following Oral reprimand; Written reprimand; 5uspension; Demotion; Discharge. SECTION 3. Empioyees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the grievance procedure provided i n Article 20 of this Agreement, including arbitraiion. This contract grievance procedure shali be the normal process for such review. SECTION 4. Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension demotion, or discharge, the supervisor will make a recommendation n� his/her supervisor regarding proposed discipline. That supervisor wiil then meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. � • • 15 . ARTICLE 20. GRIEVANCE PROCEDURE SECTION 1. This grievance procedure is established to resoive any specific dispute between the employee and ihe School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the empioyee may choose to present hislher grievance wi2hout being represented by a Union representative, provided however, that the Union representative shali be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved empioyee and a Union representative sha{I be altowed a reasonable amount of time without loss of pay when a grievance is invesiigaied and presented to the Employer during normal working hours provided that the empioyee and the Union representative have notified and received the approval of the designated supervisor and provided that such absence is reasonabte and wouid not be detrimental to the work programs of the � Employer. tt is understood that the Emp{oyer sha!{ not use the above {imitation to hamper the processing of grievances. SECTION 4. A grievance shall be resoived in the foilowing manner: ubd. 1, te 1. Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is later, discuss the complaint oraliy with the Director of School Food Service (or other representative designated by the Superintendent). The Director of Schooi Food Service (or SuperintendenYs representative) shall attempt to adjust the complaint at that time. uS bd• 2• Sten 2. If the grievance is not resolved through oral discussion and concluded within five (5) working days, the employee may appeat the grievance � Step 2 by placing the grievance in writing, setting forth the nature of the grievance, the facts on which it is based, the provisions of the Agreeme�t allegedly violated, and the remedy requested. This written statement shall be presented to the Director of School Food Service for formal discussion and written response. The formal discussion of the grievance shall be within ten (10) working days of the receipt of the written grievance by the Director of School Food Service. A reply shaii be given to the employee and the Union in writing within ten (1Q) days following the formal discussio�. tf the employee is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. • 'I 6 ARTICLE 20. GRIEVANCE PROCEDURE (continued) u5 bd. 3. te . A grievance �ot resolved in Step 2 and appealed to Step 3 shall be placed in writing setting forth the nature of the grievance, the facts on which ii is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 3 by the employee and the Union within fifteen (1 5) working days after the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the empioyee and the Union within fifteen (] 5) working days shall be considered waived. if appealed, the written grievance shail be presented by the employee and the Union and discussed with the Superintendent of Schools or designated representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shali give the Union the Emptoyer's Step 3 answer in writing within ten (70) working days following the presentation and discussion of the matter. If the employee is not satisfied with the findings on Step 3, the Union may request arbitration within ten (10) working days after receipt of the Employer's reply on Step 3. � ubd. 4. te 4. A grievance unresoived in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutualiy-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services. � SECTION 5. The arbitrator shall have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shali consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any otfier issue not so submiited. 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, copies to both parties and the Bureau of Mediation Services within ihirty (30) days following the ctose of the hearing or the submission of briefs by the parties, whichever be laier, unless the parties agree to an extension. The decision shali be binding on both ihe Employer and the Union and shall be based solely on the arbiirator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. � fr7 . ARTICLE 20. GRIEVANCE PROCEDURE (continued) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Empioyer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of tfie proceedings, it may cause such a record to be made, providing it pays for the record. lf both parties desire a verbatim record of the proceedings, the cost shaii be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appeated to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance ro the next step. The time limit in each step may be extended by mutuai written agreement of the Employer and the Union in each step. SECTION 6. Election of Remedies and Waiver. A party instituting any action, proceeding or complaint in a federaf or state court of law, or before an administrative tribunal, fedesal agency, state agency, or seek+ng relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another form as outlined • herein, the employee shall waive his/her right to initiate a grievance pursuant to this Artide, or, if the grievance is pending in the grievance procedure, the right to pursue it further shail be immediately waived. This Section shail not apply to actions to compel arbitration as provided in this Agreement or to enforce ihe award of an arbitrator. L� 18 ARTICLE 21. LEAVES � SECTION 1. Lonp-Term Leaves Without Pay. Leaves of absence may be requested and are subject to approval of the department head. The Food Service Director wiil reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. A iist of typicat leaves is provided below. This list does not cover a I I possible reasons. . Physical or mentaf incapacity of the emptoyee to perform their work efficiently, where the granting of a leave wi!! permit the employee to receive treatment enabling them to return io School District service; • Election or appointmeni ot a full-time, paid position in an organization or union whose members consist largely or exclusively of employees of the School District; • Education or training relating to the employee's regular duties or to prepare the employee for advancement; . Election of the employee to a School District position; . Appointment of the employee to an unclassified School District position; . Disability or injury received in the performance of duty rwi due to the negligence of the employee for the period the employee is receiving compensaYion payments from the School District for temporary partial disabiiity or temporary totai disabitity; • Parental leave upon the request of the employee. S Empioyees returning from leave will be placed in the next available vacancy in their job title. SECTION 2. Short-Term Leaves Without PaX. Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and wili be considered by the Employer subject to the operational needs of the Employer and the abiliiy to secure substitute hefp io satisfactorily maintain the particutar assignment of the employee involved. ub . 1, Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shal( include the proposed period of the leave and purpose for feave. uS bd• 2. Effective April 1, 1979, the Director of Food Service shaU notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately foliow a one-week or two-week school vacation, the thirty (30) days' notice sfiaft occur thirty (30) days before the beginning of such vacation period, providi»g the request was received at least fifteen (15) days earlier. SECTION 3. Family and Medical Leave, Leaves of absence shall be granted as required under the federaf law known as the Family Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. • 19 . ARTICLE 22. UNIFORMS SECTION 1. Employees will be provided two (2) new uniforms per schooi year by the Emptoyer; empioyees who are assigned a twelve (12)-month work year, rather than the school year, will receive three {3) new uniforms per year. Selection of uniforms is the Empioyer's option. u6d. 1. A new employee must have worked at least thirty (30) working days in a forty-five (45) working-day period before receiving the three (3) uniforms supplied for start up by the Empioyer. u�bd• 2. An employee who has received uniforms and then terminates empioyment for any reason after less than six (6) fuii months of active employment, is obligated to return ihe uniforms to the School Food Service. if the uniforms are not returned, 90% of the+r costs will be deducted from the final paycheck of the terminating employee. ARTIGLE 23. WAGES SECTION 1. Waae Rates, See wage rates described in Appendix A. SECTION 2. initiai StegPlacement. Initial step placement when an employee is originally hired, moves from another unit into a title covered by this Agreement or from one title covered by this Agreement to a different title under this Agreement, shall be • governed by Civil Service Rules. SECTION 3. Salary Ste� Progressio�. Progression through the steps of a salary range in this contract will be based on the followi�g conditions: u d. 1. Employees must have received an overall rating of "satisfactory" on their most recent performance evaluation to receive any salary step advancement. uS bd• Z. Step movement will be effective on the first day of the first pay period foliowing the employee's anniversary date in the empioyees current job title. The employee shail be eligibie for step movement in Steps 1-5 provided the employee has worked at least 1,000 hours in the previous year prior to that anniversary date. uS bd. 3. The employee shali be eligible for step movement in Steps 6-9 every two (2) years provided the employee has worked at least 1,000 hours in each of the prior two (2) years. However, an employee who has completed years of service greater than or equal to the years of service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2 until the employee's years of service completed match the years of service required for the step. Employees appointed to a position in the bargaining unit on or after January 1, 1 995, once placed on the salary schedule, will advance thereafter from step to step based on accumulation of ihe appropriate number of hours between the steps as detaifed above and without reference to any prior employment in the District. SECTION 4. Pay Eauitv Comeliance Option. During the term of this Agreement, the Soard may at its discretion unilateratly increase the pay rates provided in Appendix A i n . an effort to achieve compliance with the requirements of the Minnesota Pay Equity Ac[. Ten (10) days of notice to the Union will be provided prior to taking such action. 20 ARTICLE 24. SEVERABILITY In the event that any provision(s) of this Agreement is deciared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provision shatl continue in full force and effect. The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legisiative, administrative or judicial determination. ARTICLE 25. WAIVER The Employer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment 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. Any and all prior ordinances, agreements, resolutions, practices, regulations regarding the terms and conditions of employment, inconsistent with this Agreement, are hereby superseded. policies, and rules or to the extent they are • • l J 21 � ARTICLE 26. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 1997 through June 30, 1998, and shall automaticaily be continued from year to year thereafter, unless a new agreement is developed in accordance with the provisions of the Public Employment �abor Relations Act of 1971, as amended. intent io negotiate a new agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. COOK MANAGERS AGREEMENT • � This Agreement is by and between Independent School District No. 625 and School Service Empioyees Locai No. 284, S.E.I.U., AFL-CIO, on behalf of Cook Managers. In full settlement of these negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this sett�ement shall be subject to approvai and adoption by the Board of Education of Independent School District No. 625 as weii as ratification by the Union. INDEPENDENT SCHOOL DiSTR1CT N0. 625 SCHOOL SERVICE EMPLOYEES LOCAI N0. 284, S.E.t.U., AFL-CIO Chair, Board of Education NegotiationsJLabor Relations Manager Negotiations/Labor Relations Assistant Manager Date Business Representative Steward Date 22 BIWEEKLY RATES Effective: Julv 5. 1997 STEP STARi 1 YEAR 2 YEAR 3 YEAR 4 YEAR APPENDfX A • 6 YEAR 8 YEAR 70 YEAR 12 YEAR TitleS Quality Control Assistant 7,003.47 1,Q43.54 7,085.29 7,728.72 7,173.85 ],203.20 1,232.55 7,29420 1,411.30 Food Production Supervisor 1027.49 7,068.60 1177.35 1,755.75 1,202.02 7,232.08 7,262.73 7,325.24 1,444.47 Catering Coorclinator i 7,170.67 i,i53.42 1,197.86 7,244.10 7,274.15 1,304.20 7,367.37 1,487.71 School Lunch Coordinator 7,095.86 7,136.97 1,779.7i 7,224.76 7,270.40 1,300.45 1,330.50 1,393.60 i,513.80 MINNESOTA PROFESSIONAL DEVELOPMENT PLAN FOR SCHOOL FOOD SERVICE AND NUTRITION - LEVEL 3 CERTIFICATION PREMIUM When a regularly (civil service) certified and appointed employee shall have completed the credit • hours required for Level 3 of the Minnesota Professional Development Plan for School Food and Nutrition and shaii have received such certification, that employee shall become eligib�e for an additional $O.tO (ten cents) per hour premium over and above his/her normat biweekly rate of pay for ai! hours on the payroil so Io�g as the employee maintains a current Level 3 certificaiion. Paymentofthe $0.10 (ten cents) per hour premium shall become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed Level 3 certification. Employees must maintain current Level 3 certification and show evidence of the renewed certification to be eligibie for conti�uation of the premium. LEAD FOOD PRODUCTION SUPERVISOR PREMIUM When a regularly certified and appointed Food Production Supervisor is assigned the duty of Lead Food Production Supervisor, the employee shall be paid an additional $.50 (fifty cents) per hour over and above his/her normal hourly rate of pay for the hours worked on each workday assigned in the Lead person function. This duty shall be assigned or discontinued at the sole discretion of the Director of Schooi Food Service. Onty a regularly appointed Food Production Supervisor is eligible for the premium, when properiy assigned. At any time when the Director of Food Service plans to assign this Lead function to an empioyee i n the Food Production Supervisor title for more then ihirty (30) working days, all employees working in that titte wifl be notified and fiave an opportunity to express interest in the duty. • 0 I 4'` q�-�a� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: November 18, 1997 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools, and School Service Employees, Local No. 284, Exclusive Representative for Cook Managers A. PERTINENT FACTS: 1) New Agreement is for a one-year period from July 1, 1997 through June 30, 1998. 2) Contract changes are as follows: EmployedEm�loyee Rights: Language included describing typical management and employee rights. Holida�Nacation: Replaced the Columbus Day holiday with the Day after Thanksgiving and transferred Veterans Day and two floating holidays to vacation days. Insurance: Effective January 1, 1998, the DistricYs health insurance premium contribution fior fiamily coverage increases from $33� to $350 per month. The premium contribution for single coverage remains at $190 per month. Retiree health insurance language revised, removing transitional severance and deferred compensation options for employees hired before January 1, 1996. Severance: Language revised so that payment is made within the tax year of retirement. W es: Increase salary scheduie by 2.1% and added an additional pay equity adjustment of 1.5% to the top step. This resulted in an average increase of 2.45%. 4) The District has 11 regular employees in this bargaining unit. 5) This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of tndependent Schooi District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom School Service Employees, Local No. 284, is the exclusive representative; duration of said Agreement is for the period of July 1, 1997 through June 30, 1998.