90-1042 OQ I �' . ' Council File # � � a�t�,
�� �IA{, .
Green Sheet #
=��'� RESOLUTION " � �
;l';� CI OF INT P U ; MINNESOTA , 1
� �J
/ _
Preaented By t-�' f; `
Referred To Committee: Date
RESOLVED, That the Council of the City of Saint Paul hereby approves
and ratifies the attached agreements between Independent School District
No. 625 and the following labor organizations:
1. Operating Engineers, Local 70
2. AFSCME Council 14, Local 844
3. AFSCME Council 14, Local 1842
4. Saint Paul Public Schools Classified Confidential Employees Association
5. District Lodge No. 77 International Association of Machinists and
Aerospace Workers
6. City of Saint Paul Professional Employees Association, Inc.
7. City of Saint Paul Manual and Maintenance Supervisors Association
_ Y� a s Absent Requested by Department of:
mo
°nw —� Office of Person 1 and Labor Relations
cc ee �
e m �
un e � --
i son "'�— BY•
D
. Adopted by Council: Date r�� 3 � Form pp oved y City Attorney
Adoptfon tified by Council Secretary By: �
By' Approved by Mayor for Submission to
Approved by Mayor: Date ��� 5 1990 Council
By:
,������i' By: �✓�..�l`-C.C.C.L/�C...
PUBIISNED �U L 141990
tttV t�v w
��p-�'0�,.�,
� � Office of wte�rru►tfo �� O� 19g 2 1 4� -
Perso nel and Labor Relations OS-31-90. �REEN SHE �O. ����
oa+r�cr�eou.n+o� o��urrw�+r o�ctoR �' ; �„'�
James C. Lombardi 292-7301 p� cm'��to�wev a'+nc�ac
�er�oN oouna��oe�+or►s�r m+►tq �o�cro� �w.a�.�oM.
wva�p�,�ar�„_
TOTAL� Of lI�IATUl�PAOli � (CUP ALL LOCATIOqt ROR�KiNATtIl�
This resolution approves the attached agreements between Independent School District
No. 625 and the labor organizations listed in the attached summaries. RE�;EI��D
:APPi'oa a►
_�l.AI�MNIiO CQA�ION �GYIL D�iVICE OOMIAMMION µ�� ���� .
_Cr OOMM�iT� _�
OOM�ITfi
__BTArF —
�OIETNCf 00lJRT �._ ,
S1lPPONTi WFNGi 001lNCIL OW[CflME4
NiM1Nr0�IIOl�M.M�lE.OMOR7'UWRY�Nhq.M�Irf.Wh�►�NIIM�'�,Mllqh
None
�oerair�s��apvm: -
See attached summaries.
j .
o��Oratr�a��aGV�
None. These are School District cantracts. The provisiona contained thereiin do not
` affect City of Saint Paul employees.
ow�ov��t�s ucrr�rriavw:
The provisions of these contracts which may be different from Civi1 5ervice Rules would
not supersede such rules unless approved by the�City Couneil. Schoo2 District employees
are subject to the Civil Service Rules. RE�E��E�
Council �kesearch �:enter
JUN 14198p �uN � i �yyu
,�^,
TOTAL AMOUMT OF TMNi�ACT10N = OOiT!l�VENU��9l1'�(CNICLE�01!) � NO
ANIDINO t011110E AiC11VITY IMI�E11
Pq�ANdAL/�DNMATION:(D�P�AY�
�w
NOTE: OOMPlt�TE t�REC.1�Ot+1�11i�N�d,.tJD�N�THE ti�l�FIEET iN8TRl�TI�U1L
�wuN.�vNt�t.�w n��s�a a�(�o�No.�.
�cwnao oao�R:
eNow w prM�rnd nouti�ror ih.Aw+no.c rnqu.m qpr.a doa�
OONTRIIG?S (ratnn�l iWhorizsd , OOtNldl R69t�„iJT10N (AnMnd,BdQls./
bu�a��!1 �co.�•c�s)
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. s �ika►n.y a ��
4. AM►yor 4. I�A�/Apia�M
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9. Ma�o�lApiMar�
r�1. 9��dpN�DNrcta� ` 4. Gty CounoU
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a. ChN!A000unhr+t.Fin d�IiA�nK�ros. : _
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2. Gt�►A1�ortNy
4. 'Gl�y GMk
TOTU NUMBER OF SIGNA�PAR�8
IndiCaa tIM!of p�p�s on rrl�toh��n nquind an�!p��ro
���!P�
ACTfON�t1E8110
�o��01��yrl�ich�wr N n�ioM��ppop�tor��
Nsuli.tJo not rwia conipiN�rMM��oM.BpM Nch 1E�m In y�our NN wlth
•wrb.
REO�JUTtONB
Comp�11�if 1M iww In quNUon Ini1 bNn prw�N�d bdon any b�od�►�pubNc
or priwls.
SUPPO�FIT8 YWNGN OOUNCiL OB�iECTIVE?
Mdlal��h OouAON �f�r Pno�t/n4ue�E w bY Wtlnp
�la!►wDt'd(�)11'I�U$���TI�+F,'NE1�iH90FlHO�D8,E�ONOMIC DEVEtOP#AENT.
BUDOET�BEY�ER�AR+i►7"It)N}.(8EE OOkii�LETf UST IN IN�1�lGTION/1L M/WIJAL.)
COUNqI F�PORT-OPTIONAt.A8 RBGtJE8TED BY OOUNqL
INfMT11�l�i PROBLEM.I�JE.OPPORTIJNITY
Expisin tM�iq�tlon or contlluora thtl on�Md a nNd tor your proJ�ct
or rrquMt.
AD1//►f�iTA�GE�B IF APPRO� _
MfdioM�M�NI�r Md�N sMnply 1�n luuw�l b��dQ�t Proo�+�nquind bY law/ •
�or wlMtlf�r tlNh w psaMc in whioh tM CNy of 8dnt Mul
�nd M��wi�b�Irom d�ia pK�.
018ADVANTAOE$!F APP�011ED ,
Mnyt e�p�Nw Nh�OEs 0[nwiJoryafre�s to�ud�tlnp or Pat Pn��mbht
1h1{�FO�O�If+�QtM��1�Od�0�(f R��d(�.�.. ���
t�c Nw►�s or a�Mr�r�ty?To Whan?1AA�r, '
�
018AD'VMITAC�E8�i�f/1P�D r ��=:� '"� '�
MYh�t wMl ti�UN Mp�tlMit oorwqwno�s H tl1a Pr'on�d i�An Is not
�PP�'r M�1f b dMv�r Nwk�s?OoMkn�d Mph t�,nofa,
�ooi�nt r�?L.oMr d�rr�e�w't
FII�►I�tpAL NNPAGI' .
MAouph You mwt t�NOt tM MMbm�ian�rou p�qMd�h�n�o�i�r you
�a�0�p���'0��ana�ra two qwNiorpe:How much i�It
. ��a�o��- _
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: FAhR 2o iQso
TOPIC: A�nroval of 1990 Labor AqreemeM and 1990 Memorand�m of Understandina_
with I 11 [� F 1 nr.al 7p
A. PERTINENT FACTS:
1) This one year labor Agreemer�t with I.U.O.E. Loca170 has a term from January 1,
1990 through December 30, 1990.
2) The wage schedule is amended by an increase of 4.3% on all rates, effective
December 30, 1989.
3) Health Ins�rance Premium Contribution:
Effective Februazy 1. 1990. the maximum premium contribution by the
Employer will be lncreased to:
$110.00 per month single coverage
OR
$220 per morrth family coverage.
Life Insurance: The Employer will contribute to the cost of an additional
$10,000 life insurance coverage (to make a total of $20,000). Maximum
premium contribution not to exceed $4.00 per month for each eligible
employee.
4) Fiexible S�endinq Accour�t Proq�will be available - New language describing
the Empioyer's intent to establish pre-tax spending account plan within legal
regulations and IRS requirements. This is consisteM with other bargaining units.
5) The 1990 Memorandum of Understanding amends the former 1988
Memorandum regarding premium pay rate for advanced training for certain
classifications of employees in this unit, by continuing those provisions through
the term identical with the 1990 labor Agreement.
6) The District has approximately 268 employees in this bargaining unit.
7) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION: �
That the Board of Education School Dist�ict No. 625 approve and adopt, the 1990 labor
Agreement concerning the terms and conditions of empbymeM of those employees in
this School District for whom I.U.O.E. Local 70 is the exclusive representative; and the
1990 Memorandum of Understanding with that exclusive represeMative.
e
, � ��JO /0/�'
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: Fahn�arv f_ 1QQ(�
TOPIC: Ac�nroval of an emnlovment aareement with AFSCME Council 14. Lecal No. 844.
�lerical baraalninfl ��nt�
A. PERTINENT FACTS:
1) New Agreement Is for the two year pe�iod January 1� 1990 throuflh December 31,
1991.
2) Contract changes are as folbws:
HOLIDAYS:New language aibwing the District to,at a later date,name the day after
Thanksgiving as a paid holiday in lieu of one of the existing named paid holidays.
INSURANCE:
Retiree Ins�rance Premi�m CoMributbns - Lanpuege edded to limit the eiigibility
ior such coMributions.
Health Insurance - Employer pald premium coMributions increased effective
January 1, 1990 by $20.00 per morrth. Effective January 1, 1991, the Employer
paid premlum contribution is further incxeased by$7.00 per moMh.
Life Insurance -The Employer will contribute to the oost of an additional $10,000
life insurance coverage, not to exceed $4.00 per month for each eligible
employee.
Pre-Tax Sne, nding Account - New language describing the Empbyers irtterrt to
establish pre-tax spending account plan within legal repulations and IRS /
requirements. This is oonsisterrt with other bargainin�units.
PARENTAL LEAVE - New language deleting fortner ParentaVMaternity Leave
section and insertinp a new section,which �edefines parental leave, describes the
required notification to the Empbyer, and states the provisions for retuming to a
position from pareMal leave.
APPENDIX A:Salary Schedule-Wage rates increased by 5%for 1990 and 5°�tor
1991. Longevity incremeMs increased by$2.50 biweekly at 20 and 25 year steps.
3) The District has 304 empbyees in this ba�gaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative . J
Seroices.
B. RECOMMENDATION:
That the Board oT Educ2�tbn School District No. 625 approve and adopt the Agreement
ooncemin� the terms and conditions of empioyment ot those employees in this school
district for whom AFSCME Councll 14, Local No. 844 (clerical bar�sining unft) is the
exclusive representative; duration of said Agreement is for the period oi January 1, 1990
through December 31, 1991.
� RI T NO. 625 ���U—/D�''�l'^
INDEPENDENT SCHOOL DIST C
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: F�tuary s �sso
TOPIC' Aooroval of an emoloyment gflreement with AFSGME G�+�!ncil 14. Local No. 1842
� technicai barq�jpj,p,q unit
A. PERTINENT FACTS:
1) New Agreemem is for the two year period January 1, 1990 through December 31,
1991.
2) Corrtract changes are as foilows:
HOLIDAYS:New language allowing the District to,at a later date,name the day after
Thanksgiving as a paid holiday in lieu of one of the existing named paid holidays.
INSURANCE:
Retiree Ins�ra e Premium Cantributions - Language added to limit the eligibility
for such contributions.
Health Insurance - Employer paid premium cont�ibutions increased effective
January 1, 1990 by $20.00 per moMh. Effective January 1, 1991, the Employer
paid premium contribution is further increased by$7.00 per moMh.
Life Insurance -The Employer will coMribute to the cost of an additional $10,000
life insurance coverage, not to exceed $4.00 per month for each eligible
employee.
Pre-Tax Snendina Account - New language describing the Empbyers inteM to
establish pre-tax spending account plan within legal regulations and IRS ,
requirements. This is consisterrt with other bargaining units. ,
pARENTAL LEAVE - New language deleting former Parental/Maternity Leave
section and inserting a new section,which redefines parental leave, describes the
required not'rfication to the Empbyer, and states the provisions for returning to a
position from parer�tal leave.
APPENDIX A: Salary Schedule-Wage rates increased by 5%for 1990 ar�5%for
1991. Longevity inc�ements increased by$2.00 biweeky at 20 and 25 year steps.
3) The District has 55 employees in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
conceming the terms and conditions of empioyment of those employees in this school
district for whom AFSCME Council 14, Local No. 1842 (technical bargaining unit) is the
exclusive representative; duration of said Agreement is for the period of January 1, 1990
through December 31, 1991.
,■
. , . . , �=y0 -ia�'�
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: Februa[y 6. 1990
TOPIC: AnQroval of an emnloymg�,a,�reement with Saint Paul Public Sch�is Class'rfied
�onfidentiai Em�loyee Association
A. PERTINENT FACTS:
1) New Agreement is for the two year period January 1, 1990 throu�h December 31,
1991.
2) Corrtract changes are as folbws: '
HOLIDAYS:New language albwinp the District to.at a later date,name the day after
Thanksgivinp as a paid holiday in lieu of one of the existing named paid holidays.
INSURANCE:
Bstiree Insurance Premium Contributions - Language added to limit the eligibility
for such comributions.
Health Insurance - Empioyer paid premium coMributions increased effective
January 1, 1990 by $20.00 per mornh. Effective Jarwary 1, 1991, the Employer
paid premium contribution is further inc,�eased by$7.00 per morrth.
Life Insurance -The Employer wili contribute to the cost of an additional $10,000
liie insurance coverage, not to exceed $4.00 per month for each eligible
employee.
Pre-Tax S inq Account - New language desCr�ing the Empbyer's iMent to
establish p�e-tax spending account plan within legal regulations and IRS
requirements. This is oonsisteM with other ba�aininp units.
PARENTAL LEAVE - New (anpuage deleting fortner Parental/Maternity Leave
section and inserting a new section, which redefines parental leave, describes the
required notification to the Empbyer, and states the provisions br retuming to a
position from pareMai leave.
�
`� APPENDIX A:Salary Schedule-Wage rates increased by 5%for 1990 and 5%for
1991. Lonpevity increments increased by$2.50 biweekly at 20 and 25 year steps.
3) The District has 17 empbyees in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the 6oard of Education School District No. 625 approve and adopt the /lpreement
oonceminq the terms and oonditions oi employment of those e�byees in this school
district for whom Sairrt Paul Pubiic Schools Classified Confidential Employee Association is
the exclusive representative; duration of said Agreement is for the period of January 1,
1990 through December 31� 1991.
. . , ��a-io�'�
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: March 6. 1990
TOPIC: Aneroval of an emqjQymerrt aareement with District Lodqe No.77 Intemational
Assnr.iati�n of Mar.hinists and APms�ar.e Workers AF�-C10.
A. PERTINENT FACTS:
1) New AgreemeM is for the two year perwd July 1, 1989 through June 30, 1991.
2) Contract changes are as follows:
• Article XVI - Discipline: Language change to include the employee's statutory
right to have disciplinary actions,with the exception of oral reprimands, heard
through the Grievance Procedure as spec'rfied within this Agreemerrt.
• Article XIII - insurance: Insurance premium contributions for employee
coverage and family coverage were increased by$30 per month in the first
year and by$15 per month in the second year.
An additional $10,000 of life insurance coverage was added effective March
1, 1990. The maximum total tife insurance premium contribution cost to the
District will not exceed two dollars per month for each employee.
Language change adding new requirements for future retirees and early
retirees to qualify for coMinued heafth insurance premium contributions after
�etirement.
• Articte XVI - Grievance Procedures: Language change which clarifies that
once a grievance is initiated in any forum, that issue cannot be considered
again in another forum.
• Article Xvill-Severance Pav: Language change adding a new severance pay
program for employees hired after July 1, 1989. The new plan requires the
accumulation of at least 80 days of earned sick leave, and corrtains a sliding
scale with a maximum paymerrt of$7,000 with 25 years of service.
• e�oendix A - Wage rates reflect increases of $.57 per hour for July 1989;
and$.57 per hour for July 1990.
3) The District has si�c regular employees in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Retations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of emptoyment of those employees in this school
district for whom District Lodge No. 77 International Association of Machinists and
Aerospace Workers AFL-CIO is the exciusive representative; duration of said Agreement
is for the period oi July 1, 1989 through June 30, 1991.
. . . , (�'yo-�a y-z
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: Februarv �n iac�n
TOPIC' A��rovai oi a Labor A�r �►+�+p�+rnr�qqn-lqqt with the Citv of Saint Paul
� �ofessional EmpjQyPps Association. Inc. (civil service�rofessional empioyees
I�LQSlQlafl.yIll�
A. PERTINENT FACTS:
1) This new Agreement for 1990-1991 has a two-year term.
2) Changes are as toilows:
INSURANCE: "
Retiree ins�rance premium coritributions- Language added to prospedively
limit eligibility for conributions higher than paid for active employees.
HeaRh/Hospital Insurance-Active Employees
Effective February 1, 1990,the maximum premium corrtribution by the
Employer will be increased to:
$105.00 per month single coverage
OR
$215.00 per month family coveraqe
Effective January 1, 1991,the maximum premium coritribution by the
Ert�toyer will be increased to:
$112.00 per month single coverage
OR
$222.00 per month tamily coverage.
�Q($�$: Wage rates increased by 5%for 1990 and 5%for 1991.
4) Flexible Spendin9 Account Pro�ram wili be availab�e - New language describing
the Employer's intent to establish pre-tax spending account plan within legal
regulations and IRS requirements. This is consistent with other bargaining units.
5) The District has 22 ert�loyees in this bargaining unit.
6) This requesl is submitted by Phyllis E. Byers, Negotiations/Labo� Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt: the Agreement
concerning the terms and conditions of employment of those professional employees in
this Schooi District for whom the Professionai Employees Association, inc. is the
exclusive �epresentative. The term of Agreement is January 1, 1990 through December
31, 1991.
,�
, , , , �yo-���
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: �ri�t� i�o
TO P i C: AoDroval of an errobvmerrt a�eem?nt with�itv of Saint Paul Manuai and
����^+�^�^^� SLDBfY1SOfS' Association
A. PERTINENT FACTS:
1) New Agreemern is for the two year pe�iod January 1, 1990 through
December 31, 1991.
2) Contract changes are as folbws:
• Article X- DisciRline: Language change to include the empbyee's statutory
rigM to have discipiinary actions,with the exception of oral reprimands, heard
through the Grievance Procedure as spec'rfied within this Agreemerrt.
• Article XVI - Insurance: Insurance premium contributbn caps for employee
coverage and family coverage were increased to $105 per mor�th for single
and $215 per month for family in the first year, and to $115 per month for
single and$225 per mor�th for family in the second year.
Flexible SRendinq Account Proqram will be available - New language
describing the Empbyer's intent to estabiish pre-tax spending account
plan within legai regulations and IRS requirements. This is consistent
with other bargaining units.
• Aonendix A - Wage rates refled increases of 4.25%for January 1990 ; and
4.25%for�January 1991.
3) The District has six regular employees in this bargaining unit.
4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations
Manager; and Curman L. Gaines, Associate Superintendent, Administrative
Services.
B. RECOMMENDATION:
That the Board of Education School District No. 625 approve and adopt the Agreement
concerning the terms and conditions of employment of those employees in this schooi
district for whom City of SaiM Paul Manual and Maintenance Supervisors'Association is
the exclusive represeMative; duration of said Agreement is for the period of January 1,
1990 through December 31, 1991.
�
�1�-"�0-��`�-2
�
�
1990
� LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT N0.625
and
� INTERNATIONAL UNION OF
OPERATING ENGINEERS
LOCAL 70
.. o d
+ ��od �
� a
_ o � �� o
uFE LONG LEARNING
PUBLIC SCHOOLS
•
•
a
SAINT PAUL PUBLIC SCHOOLS �
Independent School District No. 625
Board of Education:
Margo Fox - Chairperson Bill Carlson - Member
Claudia Swanson - Vice-Chairperson Becky Montgomery - Member
Bill Finney - Clerk Eleanor Weber-Member
AI Oertwig - Treasurer
Administration: �
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
�
s
.
•
ii
(,Fqo-�a��-
� INDEX
A.BZL�L� IIIJ�E PAG E
Preamble........................................................................................................................... iv
IReoognibon....................................................................................................................... 1
II Definitio►is...................................................................................
...................................... 2
• III Dues- Fair Share........................................................................................................ 3
IVUnion Rights.................................................................................................................... 4
, V Seniority............................................................................................................................ 5
VIManagerner�t RigMs...................................................................................................... 5
VIIHours, Premium Pay...........................................................:..................................... 6
VI I I Leaves of Abser�ce..................................................................................................... 7
IX Military Leave of Absence..................................................................................... 8
XJury Duty..........................................:.............................................................................. 8
XISeverar�ce Pay............................................................................................................. 9
XI I Mileage-Independerrt School District No.625.............................................. 11
XIIISupervisory Assignment...........................................................................................11
XIV Working Out of Classification............................................................................... 11
XVDisc�pline...............................................................................................................
� XV I Ir�surar�ce........................................................................................................................... 13
XVI I Ho�idays............................................................................................................................. 16
XVIIIVacation........................................................................................................................... 17
XIXGrievance Procedure................................................................................................. 18
XXWage Sd�edule............................................................................................................... 21
XXI Sfikes,Lodcouts,Work Interferenoe............................................................... 21
XXI I Norrdisaimination........................................................................................................ 21
XXII I Terms of Agreement................................................................................................ 23
Append�c A-Wage.s...................................................................................................A-1
,
.
•
iii
PREAMBLE �
THIS AGREEMENT IS BY AND BETWEEN INDEPENDENT SCHOOL DISTRICT N0.
625 AND LOCAL UNION N0. 70, INTERNATIONAL UNION OF OPERATING ENGINEERS,
AFL-CIO.
This AGREEMENT has been entered into between Independent School District No. 625,
hereafter referred to as the EMPLOYER, and Local Union No. 70, Intemational Union of •
Operating Engineers, AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as
its purpose, the promotion of harmonious relations between the EMPLOYER and the UNION, the
establishment of an equitable and peaceful procedure for the resolution of differences and the '
establishment of rates of pay, benefits, hours of work, and other conditions of employment. The
parties hereto pledge that they shall pursue the above objectives in full compliance with the
requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971,
as amended.
•
�
•
IV
�yo-,o��
ARTICLE I - RECOGNITION
•
1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for
the purposes of establishing wages, benefits, hours, and other conditions of employment
for all of its employees as outlined in the certification by the State of Minnesota Bureau
of Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows:
All regular, probationary, and provisional engineering and building maintenance
personnel who are employed by Independent School District No. 625, and whose
• employment service exceeds the lesser of 14 hours per week or 35 per cent of the
normal work week and more than 67 work days per year in the f011owing
. classifications: Building Maintenance Supervisor--T.C., Custodial Worker, Custodian,
Custodian-Engineer I--Board of Education, Custodian-Engineer II--Board of Education,
Custodian-Engineer III--Board of Education, Custodian-Engineer IV--Board of Education,
Custodian Engineer V--Board of Education, Custodian- (Light Duty), Trainee
(Custodian-Engineer); excluding supervisory, managerial, clerical, confidential, and
temporary employees, those exclusively represented by other labor or employee
organizations, and all other employees.
1.2 The parties agree that any new classifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this AGREEMENT
shall be recognized as a part of this bargaining unit, and the parties shall take all steps
required under the Public Employment Relations Act to accomplish said objective.
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ARTICLE II - DEFINITIONS •
2.1 Collective Barq�j,�jn,Q. The EMPLOYER will bargain collectively with the UNION with
respect to rates of pay, hours, and other conditions pertaining to employment for all of
the employees in the unit hereinbefore set forth.
2.2 Maintenance of Standards. The EMPLOYER agrees that all conditions of employment
relating to wages, hours of work, overtime differentials, vacations, and general 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 (Resolution Na 3250), at the time of
the signing of this AGREEMENT, and the conditions of employment shall be improved
wherever specific provisions for improvement are made elsewhere in this AGREEMENT. '
2.3 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees
covered by this AGREEMENT because of inembership in or activity on behalf of the
UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment
or any term or condition of employment against any employee covered by this
AGREEMENT because of inembership in or activity on behalf of the UNION, nor will it
discourage or attempt to discourage membership in the UNION, or attempt to encourage
membership in another UNION.
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ARTICLE III - DUES - FAIR SHARE
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3.1 Ques. The EMPLOYER agrees to deduct the UNION membership initiation fee
assessments and once each month dues from the pay of those employees 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 �he
aggregate deductions of all 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 as is possible.
.
3.2 Fair Share. Any present or future employee who is not an UNION member shall 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 shall the required
contribution exceed a pro rata share of the specific expenses incurred for services
rendered by the representative in relationship to negotiations and administration of
grievance procedures. This provision shall remain operative only so long as specifically
provided by Minnesota law, and as otherwise legal.
3.3 The UNION will indemnify, defend, and hold the EMPLOYER harmless against any
claims made and against any suits instituted against the District, its officers or
employees, by reason of negligence of the UNION in requesting or receiving deductions
under this Article. The District will indemnify, defend, and hold the UNION harmless
against any claims made and against any suits instituted against the UNION, its officers
� or employees by reason of negligence on the part of the EMPLOYER in making or
forwarding deductions under this Article.
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ARTICLE IV - UNION RIGHTS
•
4.1 The UNION may designate employees within the bargaining unit to serve as Union
Stewards and shall be required to administer this AGREEMENT.
4.2 7he UNION shall furnish the EMPLOYER and appropriate Department Heads and
District Negotiator with a list of Stewards and alternates, and shall, as soon as possible,
notify said appropriate District officials in writing of any changes thereto. Only those
who are Officers and Stewards shall be recognized by the EMPLOYER for the purpose
of ineetings. •
4.3 There shall be no deduction from the pay of a Steward when directly involved in
meetings with management relating to the administration of this AGREEMENT during �
working hours.
4.4 Designated Union Representatives shall be permitted to visit employees on job sites and
at department buildings during working hours for the purpose of the administration of this
contract.
4.5 Sho� Steward. One shop steward from each department will be allowed to accompany
an employee's authorized representative during regular working hours for the purpose of
wage, safary or fringe benefit discussions or other problems of their particular concern
involving employees of Independent School District No.625 under the following conditions:
4.5.1 That only one employee from any one department be allowed to leave his/her •
work.
4.5.2 That the steward be expected to attend these meetings on his/her own time
when they are held outside of his/her regular working hours.
4.5.3 That adequate notice is given to the department heads so that permission may
be obtained.
4.5.4 That the steward has officially been designated as such by the UNION.
4.5.5 Union Conventions. Duly-elected UNION delegates shall be granted time off
without pay for one week to attend such convention. Vacation or compensatory
time may be used for this purpose. The UNION shall give at least ten working �
days' advance notice of the employees who will be participating in such
conventions.
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ARTICLE V - SENIORITY
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5.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of
continuous, regular, and probationary service with the EMPLOYER from the date an
employee was first certified and appointed to a class title covered by this Agreement, it
being further understood that seniority is confined to the current class assignment held by
an employee. In cases where two or more employees are appointed to the same class
title on the same date, the seniority shall be determined by the employee's rank on the
eligible list from which certification was made.
� 5.2 Seniority shall terminate when an employee retires, resigns or is discharged.
' 5.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work
force, employees will be laid off by class tit�e within each Department based on inverse
length of seniority as defined above.
5.4 In cases where there are promotional series, such as Custodian-Engineer I, II, III, etc.,
when the number of employees in the higher titles is to be reduced, employees who have
held lower titles in the bargaining unit will be offered reductions to the highest title to
which class seniority would keep them from being laid off, before layoffs are made by
any class title in any department.
5.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire
after two years of layoff.
� 5.6 It is understood that such employees will pick up their former seniority date in any class
of positions that they previously held.
ARTICLE VI - MANAGEMENT RIGHTS
6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in
all respects in accordance with applicable laws and regulations of appropriate authorities.
The rights and authority which the EMPLOYER has not officially abridged, delegated or
modified by this Agreement are retained by the EMPLOYER.
' 6.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limited to, such areas of discretion or policy
as the functions and programs of the EMPLOYER, its overall budget, utilization of
• technology, and organizational structure and selection and direction and number of
personnel.
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ARTICLE VII - HOURS, PREMIUM PAY •
7.1 F ir� of EmplQ,yment. The normal work day and the normal work week shall be 8
consecutive hours in any 24-hour period and 40 hours in any 7-day period. A normal work
shift is 8 consecutive hours for a fuli-time employee. (For employees on a shift basis, this
shafl be construed to mean an average of forty hours a week.) The normal work week
shall consist of 5 consecutive normal work days, followed by two (2) consecutive days
off.
7.2 �l�-in Pav. When an employse is called to work, he shall receive two hours' pay if not •
put to work. If he is called to work and commences work, he shall be guaranteed four
straight-time hours' pay. These provisions, however, shall not be effective when work is .
unable to proceed because of adverse weather conditions;nor shall these provisions apply
to temporary or emergency employees nor to employees employed under any of the titles
listed in Section 3.M of the Civil Service Rules under the heading "Special Employments",
nor to any person whose regularly-scheduled workday is less than four hours.
7.3 Overtime. Time on the payroll in excess of the normal hours set forth above shall be
"overtime work" and shall be done only by the order of the head of the department. An
employee shall be recompensed for work done in excess of the normal hours by being
granted compensatory time on a time-and-one-half basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such overtime shall be paid
shall be determined solely by the District. The overtime rate of one and one-half shall be
computed on the basis of 1/80th of the biweekly rate.
7.4 . To an em lo ee who works on a regularly-assigned shift beginning �
Y � Y
earlier than 6 a.m. or ending later than 6 p.m., provided that at least five hours of the
shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night
differential for the entire shift. To any employee who works on a regularly-assigned shift
beginning earlier than 6 a.m. or ending later than 6 p.m., but less than five hours of the
shift are worked between the hours of 6 p.m. and 6 a.m., there shall be paid a night
differential for the hours worked between the hours of 6 p.m.and 6 a.m.
7.5 The night differential shall be 5% of the base rate, and shall be paid only for those night
shifts actually worked, provided, however, that the provisions of this subsection shall not
apply to employees holding titles listed in Section II of the Saint Paul Salary Plan and
Rates of Compensation under the heading "Special Employments" in this bargaining unit.
7.6 A premium pay of twenty-five cents (25�) per hour shall be paid for all swing stage �
work, such as any work performed from a boatswain's chair or a swing scaffold, fifty
(50) feet or more above the ground. All standard safety laws shall be complied with. �
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ARTICLE VIII - LEAVES OF ABSENCE
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8.1 Leave of Absence. After three months employment, an employee may make application
for a leave of absence not to exceed one year. A leave of absence shail be granted on
the basis established in the Civil Service Rules (Resolution No. 3250).
8.2 �,ck Leave. 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
eligible for sick leave, the employee must report to his supervisor no later than one-half
, hour past his regularly-scheduled starting time. The granting of sick leave shall be
subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul.
' 8.3 Any employee who has accumulated sick leave credits as provided above shall be
granted leave with pay, for such period of time as the head of the department deems
necessary, on account of sickness or injury of the employee, quarantine established and
declared by the Bureau of Health, death of the employee's mother, father, spouse, child,
brother, sister, mother-in-law, father-in-law or other person who is a member of the .
household; and may be granted leave with pay for such time as is actually necessary for
office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or
disability of a member of his household, making arrangements for the care of such sick or
disabled person up to a maximum of four hours sick leave.
8.4 Maternity Leave. Maternity is defined as the physical state of pregnancy of an
employee, commencing eight (8) months before the estimated date of childbirth, as
• determined by a physician, and ending six (6) months after the date of such birth. In the
event of an employee's pregnancy, the employee may apply for leave without pay at
any time during the period stated above and the Employer may approve such leave at its
option, and such leave may be no longer than one(1) year.
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ARTICLE IX - MILITARY LEAVE OF ABSENCE •
9.1 �y Allowance. Any employee who shalt be a member of the National Guard, the Naval
Militia or any other component of the militia of the state, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Officers Reserve
Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or
any other reserve component of the military or naval force of the United States, now or
hereafter organized or constituted under federal law, shall be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick �
leave or other benefits for all the time when such employee is engaged with such
organization or component in training or active service ordered or authorized by proper
authority pursuant to law, whether for state or federal purposes, pravided that such '
leave shall not exceed a total of fifteen (15) days in any calendar year and, further,
provided that such leave shall be allowed only in case the required military or naval
service is satisfactorily performed, which shall be presumed unless the contrary is
established. Such leave shall not be allowed unless the employee: (1) returns to his/her
position immediately upon being relieved from such military or naval service and not later
than the expiration of time herein limited for such leave, or (2) is prevented from so
returning by physical or mental disability or other cause not due to such employee's own
fault, or (3) is required by proper authority to continue in such military or naval service
beyond the time herein limited for such leave.
9.2 Leave without PaX. Any employee who engages in active service in time of war or other
emergency declared by proper authority of any of the military or naval forces of the •
state or of the United States for which leave is not otherwise allowed by law shall be
entitled to leave of absence from employment without pay during such seroice with right
of reinstatement and subject to such conditions as are imposed by law.
9.3 Such leaves of absence as are granted under Article 9 shall conform to Minnesota
Statutes, Section 192, as amended from time to time, and shall confer no additional
benefits other than those granted by said statute.
ARTICLE X - JURY DUTY
10.1 Any employee who is required to appear in court as a juror or witness shall be paid
his/her regular pay while so engaged, provided, however, that any fees that the `
employee may receive from the court for such service shall be paid to the EMPLOYER
and be deposited with the District Office of Business and Finance. Any employee who is •
scheduled to work a shift other than the normal daytime shift, shall be rescheduled to
work the normal daytime shift during such time as the employee is required to appear in
court as a juror or witness.
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ARTICLE XI - SEVERANCE PAY
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11.1 The Employer shall provide a severance pay program as set forth in this Article.
11.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
11.2.1 The employee must be 58 years of age or older or must be eligible for pension
under the "rule of 85" or the "rule of 90" provisions of the Public Employees
, Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria
shall also apply to employees covered by a public pension plan other than
.
PERA.
11 .2.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciptinary reason are not eligible for this
severance pay program.
11 .2.3 The employee must have at least ten (10) years of consecutive service under
the classified or unclassified Civil Service at the time of separation. For the
purpose of this Article, employment in either the City of Saint Paul or in
Independent School District No. 625 may be used in meeting this ten- (10) year
service requirement.
. 11 .2.4 The employee must file a waiver of re-employment with the Director of
Personnel, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625
11.2.5 The employee must have accumulated a minimum of sixty (60) days of sick
leave credits at the time of his separation from service.
11.3 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 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$6,500.
� 11.4 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.
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A�icle XI - Severance Pay (continued)
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11.5 For the purpose of this severance pay program, a transfer from Independent School
District No. 625 employment to City of Saint Paul emptoyment is not considered a
separation of employment, and such transferee shall not be eligible for this severance
progra�.
11.6 The manner of payment of such severance pay shall be made in accordance with the
provisions of the School District Severance Pay Plan aiready in existence. �
�1 t.7 This severance pay program shall be subject to and governed by the provisions of the
originaf School District Severance Pay Plan (which allows $4,000 maximum payment) �
except in those cases where the specific provisions of this Article conffict with said
Severance Pay Plan and in such cases, the provisions of this Article shall control.
11.8 The provisions of this Article shall be effective as of January 1, 1984.
11.9 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qualifications of this Article or the original School District Basic Severance Pay Plan
(which allows $4,000 maximum payment), draw severance pay. However, an election
by the employee to draw severance pay under either this Article or the basic School
Distriet Severance Pay Plan shall constitute a bar to receiving severance pay from the
other. Any employee hired after December 31, 1983 shall be entitled only to the benefits
of this Article upon meeting the qualifications herein. •
1 f.10 An employee of Independent 5chool District No. 625 shall not be el�gible for the severance
pay provision of this Article if such employee is also eligible and a recipient of Early
Retirement Incentive payment under the Memorandum of Agreement with the exclusive
representative dated October 14, 1983.
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ARTICLE XII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
•
12.1 Employees of the School District under policy adopted by the Board of Education may be
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing the following plan:
" ", effective with the adoption of this Agreement, is reimbursed at the
rate of 23� per mile. In addition, a maximum amount which can be paid per
� month is established by an estimate furnished by the employee and the
employee's supervisor.
� Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
ARTICLE XIII - SUPERVISORY ASSIGNMENT
13.1 An engineer who is assigned to supervise other employees will be at least one title higher
in the series than the employees he/she supervises.
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ARTICLE XIV - WORKING OUT OF CLASSIFICATION
14.1 The 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) consecutive working days shall receive
the rate of pay for the out-of-class assignment in a higher classification not later than
the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-
class assignment is defined as an assignment of an employee to perform, on a full-time
basis, all of fhe significant duties and responsibilities of a position different from the
employee's regular position, and which is in a classification higher than the classification
^ held by such employee. The rate of pay for an approved out-of-class assignment shall be
the same rate the employee would receive if such employee received a regular
_ appointment to the higher classification.
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ARTICLE XV - DISCIPLINE
.
15.1 The EMPLOYER will discipiine employees for just cause only. Discipline will be in the
form of:
15.1.1 Oral reprimand;
15.12 Written reprimand;
15.1.3 Suspension;
15.1.4 Reduction;
15.1,5 Discharge. `
�5.2 A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the _
employee and the Union seventy-two (72) hours after such action is taken.
15.3 Employees and the UNION will receive copies of written reprimands and notices of
suspension and discharge.
15.4 Employees may examine all information in their EMPLOYER personnel file that concerns
work evaluations, commendations and/or disciplinary actions. Files may be examined at
reasonable times under the direct supervision of the EMPLOYER.
15.5 Discharges will be preceded by a five- (5) day preliminary suspension without pay.
During said period, the Employee and/or UNION may request and shall be entitled to a
meeting with the EMPLOYER representative who initiated the suspension with intent to
discharge. During said five- (5) day period, the EMPLOYER may affirm the suspension •
and discharge in accordance with Civil Service Rules or may modify or withdraw same.
15.fi An employee to be questioned concerning an investigation of disciplinary action shall have
the right to request that a UNION representative be present.
15.7 Grievances relating to this Article shall be processed in accordance with existing Civil
Service procedures, except that oral and written reprimands shall be taken up in the
grievance procedure under Article XIX.
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ARTICLE XVI - INSURANCE
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16.1 The Employer will continue for the period of this Agreement to provide for employees
such health and life insurance benefits as are provided by the Employer at the time of
execution of this Agreement.
16.2 The Employer will for the period of this Agreement provide for fy�J,-�employees who
retire after the time of execution of this Agreement and until such employees reach
sixty-five (65) years of age such health insurance contributions and life insurance
� contributions as are provided by the Employer for active employees under this
Agreement. This subdivision shall not apply to the additional life insurance contributions
in 16.13.1.
16.3 The Employer will for the period of this Agreement provide for J�-tj,mg employees who
retire after the time of execution of this Agreement and until sueh employees reach
sixty-five (65) years of age fifty per cent (50%) of such health insurance contributions
and life insurance contributions as are provided by the Employer for full-time employees
who retire under this Agreement. This subdivision shall not apply to the additional life
insurance contributions in 16.13.1. .
16.3.1 Notwithstanding Article 16.3, eligible employees covered by this Agreement and
employed half-time �j,�to January 1, 1978, and continuously employed since
such hiring, who retire after the execution of this Agreement, shall receive the
same insurance contributions as would a full-time employee who retires under
• this Agreement, until they reach 65 years of age.
This Article 16.31 applies only to eligible employees who were employed prior to
January 1, 1978 and are employed half-time at the time of retirement. The
conditions of Article 16.4 must be met by any such employee.
After half-time employee appointed after January 1, 1978 shall be subject to
the provision of Article 16.3.
16.4 Employees who retire after execution of this Agreement must meet the following
conditions at the time of retirement to be eligible for the Employer's contributions to
health insurance set forth in Articles 162 and 16.3:
, 16.4.1 Be receiving benefits from a public employee retirement act at the time of
retirement
� A�
16.4.2 Have severed the employment relationship with the City of Saint Paul and
Independent School District No. 625 under one of the early retiree plans.
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Article XVI - Insurance (continued) •
16.5 Effective Januar}�1. 1987, in addition to meeting the eligibility requirements stated in
16.41 and 16.42 above, retiring employees must also meet the following condition in order
to be eligible for the early retiree insurance benefits set forth in Articles 16.2 and 16.3:
16.5.1 Must be at least 58 years of age and have completed 25 years of employment
with Independent School District No. 625/City of Saint Paul
� �
The combination of their age and their years of service must equal eighty-five _
(85) or more
�
Must have completed at least thirty (30) years of service.
This Article 16.5 shall not apply to any employee who was hired as a regular employee
prior to January 1, 1978 and who has been employed continuously since such hiring.
However, the conditions of Article 16.4 must be met by any such employee.
16.6 Effective January 1. 1987, fu11_time employees who retire and who meet the conditions
set forth in 16.41 and 16.42 but who meet none of the conditions set forth in 16.51, shall
be eligible for the following percentages of the amount contributed by the Employer •
toward health insurance for active employees in the same health plan. Such retirees
shall be eligible for such contribution until they reach sixty•five (65) years of age.
Combination of Age Contribution for Contribution for
and Years of Service Sinale Coveraae Fami�y Coveraae
84 90% 90%
83 80% 80%
82 70% 70%
81 60% 60%
80 50% 50%
This Article 16.6 shall not apply to any employee who was hired as a regular employee
prior to January 1, 1978 and who has been employed continuously since such hiring.
However, the conditions of Article 16.4 must be met by any such employee.
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16.7 A retiree may not carry his/her spouse as a dependent if such spouse is also a
City/I.S.D. No. 625 retiree or City/I.S.D. No. 625 employee and eligible for and is enrolled in �
the City/I.S.D. No. 625 health insurance program.
16.8 For each eligible employee covered by this Agreement who is employed f II- im and who
selects employee insurance coverage, the Employer agrees to contribute the cost of such
coverage or$110 per month,whichever is less.
For each full-time employee who selects family coverage, the Employer will contribute the
cost of such family coverage or$220 per month, whichever is less. •
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Article XVI - Insurance (continued)
•
16.9 For the purpose of this Article XVI, full-time employment is defined as appearing on the
payroll at least 32 hours per week or at least 64 hours per pay period, excluding
overtime hours.
16.10 For each eligible employee covered by this Agreement who is employed if- im who
selects employee insurance coverage, the Employer agrees to contribute fifty per cent
(50%) of the amount contributed for full-time employees selecting employee coverage in
• the same insurance plan.
For each half-time employee who selects family insurance coverage, the Employer will
' contribute fifty per cent (50%) of the amount contributed for full-time employees
selecting family coverage in the same insurance plan.
16.11 Notwithstanding Article 16.10, eligible employees covered by this Agreement and
employed half-time prior to May 1, 1986, shall receive the same insurance contributions
as a full-time employee. This Article 16.11 applies only to eligible employees who were
employed half-time during the month of April, 1986, and shall continue to apply only as
long as such employee remains continuously employed half-time.
16.12 For the purpose of this Article XVI, half-time employment is defined as appearing on the
payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less
than 64 hours per pay period, excluding overtime hours.
• 16.13 For each eligible employee, the Employer agrees to contribute the cost of$10,000 of life
insurance coverage or$2.64 per month,whichever amount is less.
16.13.1 Effective March 1, 1990, for each eligible active employee, the Employer
agrees to contribute to the cost of$10,000 life insurance coverage in addition
to the coverage provided in 16.13;this brings the total life insurance coverage
to $20,000 for active employees. The total premium contribution by the
Employer for all active employee life insurance coverage shall not exceed $4
per month.
16.14 The contributions indicated in this Article shall be paid to the Employer's Group Health
and Welfare Plan.
, 16.15 Any cost of any premium for any City-offered employee or family insurance coverage in
excess of the dollar amounts stated in this Article XVI shall be paid by the employee.
. 16.16 It is the intent of the Employer to initiate during the term of this Agreement a plan for
medical and child care expense accounts to be available to emptoyees in this bargaining
unit who are eligible for Employer-paid premium contrib�tion for heatth insurance for such
expenses, within the established legal regulations and IRS requirements for such
accounts.
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ARTICLE XVII - HOLIDAYS •
17.1 �Bg�qpj=,��Q,�g�-The following days shall be recognized and observed
as paid holidays:
New Year's Day Columbus Day
Martin Luther King Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Christmas Day �
Independence Day Two floating holidays.
Labor Day
Eligible employees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday,the succeeding Monday shall be obseroed as the holiday.
For those employees assigned to a work week other than Monday through Friday, the
holiday shall be observed on the calendar date of the holiday.
17.2 The floating holidays set forth in Section 17.1 above may be taken at any time during the
contract year, subject to the approval of the department head of any employee.
17.3 Eliqibilitv Reauirements. In order to be eligible for a holiday with pay, an employee's name •
must appear on the payroll on any six working days of the nine working days preceding
the holiday or an employee's name must appear on the payroll the last working day
before the holiday and on three other working days of the nine working days preceding
the holiday. In neither case shall the holiday be counted as a working day for the
purposes of this section. It is further understood that neither temporary nor other
employees not heretofore eligible shall receive holiday pay.
17.4 If an employee entitled to a holiday is required to work on Martin Luther King Day,
Presidents' Day, Columbus Day or Veterans' Day, he/she shall be granted another day
off with pay in lieu thereof as soon thereafter as the convenience of the department
permits, or he/she shall be paid on a straight-time basis for such hours worked, in
addition to his/her regular holiday pay. If an employee entitled to a holiday is required to
work on New Year's Day, Memoria� Day, Independence Day, Labor Day, Thanksgiving
Day or Christmas Day, he/she shall be recompensed for work done on this day by being •
granted compensatory time on a time-and-one-half basis or by being paid on a time-and-
one-half basis or such hours worked, in addition to the regular holiday pay.
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ARTICLE XVIII - VACATION
•
18.1 Vacation credits shall accumulate at the rates shown below for each fuii hour on the
payroll, excluding overtime.
Years 41�SCYl�s ��4S1C��Vacation
1 st year through 4th year .0385
5th year through 9th year .0577
� 10th year through 15th year .0654
16th year through 23rd year .0808
24th year and thereafter .1000
y 18.2 The head of the department may permit an employee to carry over into the next
"vacation year" up to eighty (80) hours of vacation.
For the purpose of this Article, the "vacation year" shall be the fiscal year (IRS payroll
reporting year).
18.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subd. H. �
18.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess of vacation at the rate of
one-half day's vacation for each day of sick leave credit. The maximum number of days
• vacation allowed by the conversion of sick leave credits shall be no more than �ve days
in any one "vacation" year.
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ARTICLE XIX - GRIEVANCE PROCEDURE •
19.1 The EMPLOYER shall recognize Stewards selected in accordance with UNION rules and
regulations as the grievance representative of the bargaining unit. The UNION shall
notify the EMPLOYER in writing of the names of the stewards and of their successors
when so named.
19.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when consistent �
with such employee duties and responsibilities. The steward involved and a grieving
employee shall suffer no loss of pay when a grievance is processed during working hours ,
provided the steward and the employee have no�fied and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
19.3 The procedure established by this Article shall be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article VII, for the processing
of grievances, which are defined as an alleged violation of the terms and conditions of
this AGREEMENT. A grievance shall be resolved in conformance with the following
procedure:
�1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee
involved shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the employee's satisfaction by the informal •
discussion, it may be reduced to writing and referred to Step 2 by the UNION. The
written grievance shall set forth the nature of the grievance, the facts on which it is
based, the alleged section(s) of the AGREEMENT violated; and the relief requested.
Any alleged violation of the AGREEMENT not reduced to writing by the UNION within
seven (7) calendar days of the first occurrence of the event giving rise to the grievance
or within the use of reasonable diligence should have had knowledge of the first
occurrence of the event giving rise to the grievance, shall be considered waived.
��. Within seven (7) calendar days after receiving the written grievance, a
designated EMPLOYER supervisor shall meet with the UNION steward and attempt to
resolve the grievance. If, as a result of this meeting, the grievance remains unresolved,
the EMPLOYER shall reply in writing to the UNION within three (3) calendar days
following this meeting. The UNION may refer the grievance in writing to Step 3 within
seven (7) calendar days following receipt of the EMPLOYER'S written answer. Any
grievance not referred in writing by the UNION within seven (7) calendar days following
receipt of the EMPLOYER'S answer shall be considered waived. �
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• Article XIX - Grievance Procedure (continued)
��. Within seven (7) calendar days following receipt of a grievance referred from
Step 2, a designated EMPLOYER supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the grievance. Within
seven (7) calendar days following this meeting, the EMPLOYER shall reply in writing to
the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of
the written response, the grievance remains unresolved, the UNION may refer the
grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4
' within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be
considered waived.
.
�4. If the grievance remains unresolved, the UNION may within seven (7) calendar
days after the response of the EMPLOYER in Step 3 by written notice to the
EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and
the UNION within seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within the said seven (7) day period, either party
may request the Public Employment Relations Board to submit a panel of five (5)
arbitrators. Both the EMPLOYER and the UNION shall have the right to strike two (2)
names from the panel. The UNION shall strike the first (1st) name; the EMPLOYER
shall then strike one (1) name. The process will be repeated and the remaining person
shall be the arbitrator.
� 19.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this AGREEMENT. The arbitrator shall consider and decide only
the specific issue submitted in writing by the EMPLOYER and the UNION and shall have
no authority to make a decision on any other issue not so submitted. The arbitrator shall
be without power to make decisions contrary to or inconsistent with or modifying or
varying in any way the application of laws, rules or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shalt be based solely on
the arbitrator's interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER, the UNION,and the employees.
19.5 The fees and expenses for the arbitrator's services and proceedings shall be borne
� equally by the EMPLOYER and the UNION, provided that each party shall be responsible
for compensating its own representatives and witnesses. If either party desires a
� verbatim record of the proceedings, it may cause such a record to be made, providing it
pays for the record.
19.6 The time limits in each step of this procedure may be extended by mutual agreement of
the EMPLOYER and the UNION.
•
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Article XIX- Grievance Procedure (continued) •
19.7 It is understood by the UNION and the EMPLOYER that a grievance may be determined
by either the grievance procedure of this contract or by the provisions of the Civil
Service Rules af the City of Saint Paul. If an issue is determined by this grievance
procedure, it shall nat again be submitted for arbih�ation under the Civil 6�rvice Rules. If
an issue is determined by#he provisions of the Civil Service Rules, it shall not again be
submitted for arbitration under this grievance procedure.
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ARTICLE XX - WAGE SCHEDULE
• 20.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto.
ARTICLE XXI - STRIKES, LOCKOUTS, WORK INTERFERENCE
21.1 The UNIONS and the EMPLOYER agree that there shall be no strikes, work stoppages,
slow-downs, sit-down, stay-in or other concerted interference with the EMPLOYER'S
� business or affairs by any of said UNIONS and/or the members thereof, and there shall
be no bannering during the existence of this AGREEMENT without first using all possible
� means of peaceful settlement of any controversy which may arise.
ARTICLE XXII - NON-DISCRIMINATION
22.1 The terms and conditions o#this Agreement will be applied to employees equally without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex,age or because of inembership or non-membership in the Union.
22.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities involve other employees and the general public.
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• ARTICLE XXill - TERMS OF AGREEMENT
23.1 ComQlete A9reement and Waiver of Barqaininq. This AGREEMENT shatl represent the
complete AGREEMENT between the UNION and the EMPLOYER. The parties
8cknowledge that during the negotiations which resulted in this AGR�EMENT, �ach had
the unlimited right and opportunity to make requests and proposals with respect to any
subject or matter not removed by law from the area of coflective bargaining, and that
the complete understandings and agreements arrived at by the parties after the exercise
� of that right and opportunity are set forth in this AGREEMENT. Therefore, the
EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily and
� unqualifiedly waives the right, and each agrees that the other shall not be obligated to
bargain collectively with respect to any subject or matter referred to or covered in this
AGREEMENT.
23.2 Savin9s Clause, This AGREEMENT is subject to the laws of the United States, the
State of Minnesota, and the City of Saint Paul. In the event any provision of this
AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the time provided, such
provision shall be voided. All other provisions shall continue in full force and effect.
23.3 Terms of Aqreement. Except as herein provided, this AGREEMENT shall be effective
as of January 1, 1990 and shall continue in full force and effect through the 31st day of
December, 1990, and shall be automatically renewed from year to year thereafter unless
• either party shall notify the other in writing at least sixty (60) days before the
termination of this AGREEMENT that it desires to modify or terminate this
AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be
executed this a, � day of , 1990.
23.4 This constitutes a tentative AGREEMENT between the parties which will be
recommended by the School Board Negotiator, but is subject to the approval of the
Board of Education, and is also subject to ratification by the UNION.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT N0. 625 INTERNATIONAL UNION OF OPERATING
ENGINEERS, L N0. 70
� ' ��`!II�I l�JC/� � � �
� � Negoti ions/l.abor Relati Manager Busine Manager, Local 70
Chair, Board ness Representative, Local 70
• C ief Steward, ocal 70
23 •
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• APPENDIX A - WAGES
The hourly wage rates and salary ranges for classifications in this unit are effective December
30,1989 as follows:
First After
� ��
� Custodian-Engineer I--Board of Education $ 13.53 $ 14.13
Custodian-Engineer II--Board of Education 13.76 14.55
Custodian-Engineer III--Board of Education 14.13 14.91
� Custodian-Engineer IV--Board of Education 14.59 15.38
Custodian-Engineer V--Board of Education 15.12 15.87
Trainee (Custodian-Engineer) 723 723
Building Maintenance Supervisor-T.C. 16.98 16.96
After After After
�i�[S �.IDQ�. �. 2_X��
Custodian $11.81 $12.15 $12.36 $12.75
Custodial Worker 10.49 10.82 11.05 11.43
•
Custodian (Liqht Dutvl
�� �.LiQ�• 1 y„(. 2.yC• �1CC• �..�Cr• 1�,1L• �.lL
$8.04 $8.31 $8.58 $8.87 $9.18 $9.50 $9.70 $9.92
Personnel hired for employment with the District after the date of the signing of this Agreement,
to a class of positions listed in Appendix A above, shall be compensated at the "0 - 6 months"
hourly wage rate during their probationary period. After completion of the probationary period,
the employee shall be paid at the "after 6 months" hourly rate. Employees promoted from any of
the positions listed in Appendix A above to any other position listed shall receive the "after 6
" months" hourly wage rate.
� + Temporary employees shall be paid the minimum rate indicated in this appendix for the
� classification in which they are employed.
The above December 30, 1989 rates represent a four and three-tenths per cent (4.3%) increase
over the December 31, 1988 rates.
Retroactive pay adjustments shall not apply to any employees whose employment was
terminated prior to January 18, 1990.
a
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• �Q MEMORANDUM QF llNDERSTANDING
This Memorandum of Understanding is by and between the Board of Education of
Independent School District No. 625, Saint Paul Public Schools, and Intema�onal Union of
Operating Engineers, Local No. 70, exclusive representative for custodial service employees in
the Saint Paul Public Schools. The purpose of this Memorandum is to establish a clear
understanding of intent of the parties regarding conditions governing a premium pay rate for
sdvanced training for certain classificati�ns of employees in this bargaining unit.
�i�i��ol Qf let�t�Pu�
It is the intention of the Employer,during the term of this Memorandum of Understanding (through
December 31, 1990) to continue a program of special training for employees who occupy the
titles:
Custodian Engineer III—Board of Education
Custodian Engineer IV--Board of Education
Custodian Engineer V--Board of Education
Building Maintenance Superoisor-T.C.
The purpose of the training will be to strengthen the practical management skills of these
employees, particularly with respect to fulfilling the responsibilities of these particular titles.
• It is the desire and intent of the Employer that all employees who occupy these titles, both
currently assigned and prospectively, will complete �is training at the earliest possible
opportunity. The training is designed, prescribed, and provided by the Employer at no cost to the
employee who has been regul�rly appointed to a listed title. The training will be taken during the
employee's own unpaid time.
The Employer will provide a premium pay factor according to the following formula for current
and future employees in these titles who have satisfactorily completed the prescribed training
course, and have delivered to the Office of School Plant Planning and Maintenance evidence of
such sabsfactory completion.
The premium pay shall become effective with the first full pay period after completion of the
training, but shall not be paid until the evidence of satisfactory completion has been received by
the Employer. tn no case shall the premium be effective retroactively for more than a 3-month
period.
P.isIDlum Form ula
Iius Pt�miLm a�rs�Sate�Eatg
Custodian Engineer III—Board of Education 20d per hour
Custodian Engineer IV--Board of Education 50d per hour
Custodian Engineer V--Board of Education 80d per hour
Building Maintenance Supervisor-T.C. 80¢per hour.
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� 1990 - 1991
Agreement between
SAINT PAUL PUBLIC SCHOOLS
INDEP�NDENT SCHOOL DISTRICT 625
And
LOCAL UNION 844
• DISTRICT COUNCIL 14
OF THE AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, AFL-CIO
: �
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O � �� � LIFELONGLEARNING
PUBLIC SCHOOLS
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SAINT PAUL PUBLIC SCHOOLS �
Independent Schooi District No. 625
Board of Education:
Margo Fox - Chairperson Biil Carlson - Member
Claudia Swanson - Vice-Chairperson Becky Montgomery - Member
Bill Finney- Clerk Eleanor Weber-Member
AI Oertwig - Treasurer
Administration: •
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
_
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• INDEX
ARTI LE TITLE PA E
Preamble...................................................................:....................................................... v
I Recogni6on......................................
� ................................................................................. 1
IICheck Off.......................................................................................................................... 3
IIIHours of Work................................................................................................................ 3
- IV Work Breaks................................................................................................................... 4
VHdidays............................................................................................................................. 5
VI Employee Rights--Grievance Procedures....:............................. 6
Vil Mileage--Independent School District No. 625........................... 9
VlilVacation........................................................................................................................... 9
IXInsurar�oe........................................................................................................................... 10
X Working out of Classification................................................................................ 14
XIEmployee Records...................:................................................................................... 14
XIIBulletin Boards.............................................................................................................. 15
XIII Wages................................................................................................................................. 15
• XIV Maintenance of Standards........................................................ 15
XVLeaves of Absertce..................................................................................................... 16
XVI Milit�ary Leave of Absence..................................................................................... 18
XVIIManagemer�t Rights.................................................................................................... 18
XVII I Senioriiy............................................................................................................................ 19
XIX D�c�pline..........................................................................
..................................................
XXVacancies........................................................................................................................ 22
XXI No Sfike-No Lodcout............................................................................................... 2 2
XXIISeverdr�ce Pay...............................................................:............................................. 23
XXIII Temporary Employees...................:..........:............................................:................. 25
XXIVf�bn�discrimination........................................................................................................ 25
XXV Legal Services........................................................................
.......................................
,
XXVI Terms of Agreement................................................................................................ 27
� APPendix............................................................................................................. A-1/A-6
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• This AGREEMENT, entered into by Independent School District No. 625, hereinafter
referred to as the EMPLOYER, and Local Union 844, affiliated with Council 14 of the American
Federation of State, County, and Municipal Employees, AFL-CIO, hereinafter referred to as the
UNION, has as its purpose the promotion of harmonious relations between the EMPLOYER and
the UNION, the establishment of an equitable and peaceful procedure for the resolution of
differences, and the establishment of rates of pay, hours of work, and other conditions of
employment.
.
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ARTICLE I - RECOGNITION
•
1.1 The EMPLOYER recognizes the UNION as the sole and excfusive bargaining agent for
the purpose of establishing salaries, wages, hours, and other conditions of employment
for all of its employees as outlined in the certification by the State of Minnesota Bureau
of Mediation Services, dated October 16, 1986, in Case No. 87-PR-158 and as amended
and as set forth in Section 1.2 below.
1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All
office, clerical, and administrative personnel who are employed by Independent School
� District No. 625, Saint Paul, Minnesota, and who are public employees within the meaning
of M.S. 179A.03, Subd. 14 in the classifications of:
Accounting Clerk I Inventory Control Supervisor
Accounting Clerk II
Payroll Audit Clerk
Cashier I Payroll Clerk I
Cashier II Payroll Clerk II
Clerical Supervisor Payroll Systems Supervisor
Clerk I Procurement Specialist
Clerk II Procurement Specialist (Trainee)
Clerk III
Clerk N Secretary
• Clerk Stenographer I Security Monitor
Clerk Stenographer II Senior High School Clerical Supervisor
Clerk Stenographer III Service Worker II
Clerk-Typist I Storehouse Helper
Clerk-Typist II Storekeeper
Clerk-Typist III Storekeeper (Food Service)
Community Education Clerk Storeroom Assistant
Computer Operator Storeroom Supervisor
Stores Clerk
Data Entry Operator I Stores Clerk (School Food Service)
Data Entry Operator II
Data Entry Operator III Trainee (Clerical)
Disbursement Auditing Supervisor Transportation Coordinator I
Duplicating Equipment Operator Transportation Coordinator II
E.D.P.Aide
. Elementary School Clerk
excluding supervisory, confidential and atl other employees.
•
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ARTICLE I - RECOGNITION (continued)
1 .3 Any present or future employee who is not a UNION member shall be required to •
contribute a fair share fee for services rendered by the UNION and, 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 shall the required eontribution
exceed a pro rata share of the specific expenses incurred for services rendered by the
representative in relationship to negotiations and administration of grievance procedures.
This provision shall remain operative only so long as specifically provided by Minnesota
law, and as otherwise legal.
1 .4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and ail ,
. claims, suits, orders or judgments brought or issued against the EMPLOYER as a result
of any action taken or not taken by the EMPLOYER under the provisions of this Article '
I, Section 1.3.
•
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ARTICLE II - CHECK OFF
•
2.1 The EMPLOYER agrees to deduct the UNION membership initiation fee assessments
and once each month dues from the pay of those employees 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 all
employees shali 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 as is possible.
� 2.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders or judgments brought or issued against the EMPLOYER as a result
- of any action taken or not taken by the EMPLOYER under the provisions of this Article.
ARTICLE III - HOURS OF WORK
3.1 The normai work day shall be seven and three-fourths (7-3/4) consecutive hours per
day, excluding a forty-five- (45) minute lunch period, fifteen (15) minutes of which shall
be paid.
3.2 The normal work week shall be five (5) consecutive normal work days in any seven- (7)
day period.
• 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight
and three-fourths (38-3/4) hours per week.
3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per
normal work day or per normal work week.
3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be
"overtime work"and shall be done only by order of the head of the department.
3.6 Ali employees in this bargaining unit shall be recompensed for work done in excess of the
normal hours established above in this Article by being granted compensatory time on a
time and one-half basis or by being paid on a time and one-half basis for such overtime
work. The overtime rate of one and one-half shall be computed on the basis of I/80th of
, the biweekly rate.
- 3.7 Normal work schedules showing the employee's shifts, work days, and hours shall be
posted on all department bulletin boards at all times. It is also understood that deviation
from posted work schedules shall be permissible due to emergencies, acts af God, and
overtime may be required.
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ARTICLE IV - WORK BREAKS
•
4.1 R�,s,t P ri . All employees' work schedules shall provide for a fifteen-minute rest period
during each one-half shift. The rest period shall be scheduled by management at
approximately the middle of each one-half shift whenever this is feasible.
4.2 If an empioyee is scheduled to work a full half-shift beyond the regular quitting time, ihe
employee shall be entitled to #he rest period that occurs during said half shift.
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ARTICLE V - HOLIDAYS
•
5.1 IHo idavs r niz �.�.in observed. The following days shall be recognized and observed
as paid holidays:
. New Year's Day Columbus Day
Martin Luther King Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day Two floating holidays.
' Labor Day
- Eligible employees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday.
5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the
contract year, subject to the approval of the department head of any employee.
5.3 li i ili ReAuirements. In order to be eligible for a holiday with pay, an employee's name
must appear on the payroll on any six working days of the nine working days preceding
the holiday, or an employee's name must appear on the payroll the last working day
before the holiday and on three other working days of the nine working days preceding
• the holiday. In neither case shall the holiday be counted as a working day for the
purposes of this section. It is further understood that neither temporary, nor other
employees not heretofore eligibie shall receive holiday pay.
5.4 Notwithstanding Article 5.3, effective April 1, 1984, a temporary employee shali be
eligible for holiday pay only after such employee has been employed as a temporary
employee for sixty-seven (67) consecutive work days. No temporary employee shall be
eligible for any floating holidays.
5.5 In the case of Board of Education emptoyees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day falls on a day when school is in session, the
employee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be determined by agreement between the
employee and the supervisor.
5.6 Notwithstanding Article 5.1 and 5.5 above, the Employer may at any time during the life
_ of this Agreement designate the day after Thanksgiving as a paid holiday. In the event
of such designation, either Martin Luther King Day, Presidents' Day, Columbus Day, or
Veterans' pay shall be de�eted from the paid holidays list as set forth in Article 5.1.
•
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ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
•
6.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and
regulations as the grievance representative of the bargaining unit. The UNION shall
notify the EMPLOYER in writing of the names of the stewards and of their successors
when so named.
6.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when consistent n
with such employee duties and responsibilities. The steward involved and a grieving
employee shali suffer no loss in pay when a grievance is processed during working hours,
provided the steward and the employee have notified and received the approval of their -
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
6.3 The procedure established by this Article shali be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article XIX for the processing
of grievances, which are defined as an alleged violation of the terms and conditions of
this AGREEMENT.
6.4 Grievance shall be resolved in conformance with the following procedure:
Steps. Upon the occurrence of an alleged violation of this AGREEMENT, the employee
involved with or without the steward shall attempt to resolve the matter on an •
informal basis with the employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be reduced to
writing and referred to Step 2 by the UNION. The written grievance shall set
forth the nature of the grievance, the facts on which it is based, the alleged
section(s) of the AGREEMENT violated, and relief requested. Any alleged
violation of the AGREEMENT not reduced to writing by the UNION within
seven (7) work days of the first occurrence of the event giving rise to the
grievance shall be considered waived.
t 2. Within seven (7) work days after receiving the written grievance, a designated
EMPLOYER supervisor shall meet with the UNION steward and attempt to
resolve the grievance. If, as a result of this meeting, the grievance remains
unresolved, the EMPLOYER shall reply in writing to the UNION within three
(3) work days following this meeting. The UNION may refer the grievance in �
writing to Step 3 within seven (7) work days following receipt of the
EMPLQYER'S written answer. Any grievance not referred in writing by the �
UNION within seven (7) work days following receipt of the EMPLOYER'S
answer shall be considered waived.
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ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued)
•
SteR 3. Within seven (7) work days following receipt of a grievance referred from Step
2, a designated EMPLOYER supervisor shall meet with the UNION Business
Manager or his/her designated representative, the Employee, and the steward,
and attempt to resolve the grievance. Within seven (7) work days following
this meeting, the EMPLOYER shall reply in writing to the UNION, stating the
EMPLOYER'S answer concerning the grievance. If, as a result of the written
response, the grievance remains unresolved, the UNION may refer the
grievance to Step 4. Any grievance not referred in writing by the UNION to
' Step 4 within seven (7) work days following receipt of the EMPLOYER'S
answer shall be considered waived.
SteR 4. If the grievance remains unresolved, the UNION may within seven (7) work
days after the response of the EMPLOYER in Step 3, by written notice to the
EMPLOYER request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) work days after notice has been
given. If the parties fail to mutually agree upon an arbitrator within the said
seven (7) day period, either party may request the Public Employment
Relations Board to submit a panel of five (5) arbitrators. Both the
EMPLOYER and the UNION shall have the right to strike two (2) names from
the panel. The UNION shall strike the first (1st) name; the EMPLOYER shall
then strike one (1) name. The process will be repeated and the remaining
• person shall be the arbitrator.
6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this AGREEMENT. The arbitrator shall consider and decide only
the specific issue submitted in writing by the EMPLOYER and the UNION and shall have
no authority to make a decision on any other issue not so submitted. The arbitrator shall
be without power to make decisions contrary to or inconsistent with or modifying or
varying in any way the application of laws, rules or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER, the UNION,and the employees.
6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne
_ equally by the EMPLOYER and the UNION, provided that each party shall be responsible
for compensating its own representatives and witnesses. If either party desires a
verhatim record of the proceedings, it may cause such a record to be made, providing it
pays for the record.
•
�
ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued)
•
6.7 The time limits in each step of this procedure may be extended by mutual agreement of �
the EMPLOYER and the UNION.
6.8 It is uhderstood by the UNION and the EMPLOYER that if an issue is determined by this
grievance procedure, it shall not again be submitted for determination in another forum. If
an issue is determined by any other forum, it shall not again be submitted for arbitration
under this grievance procedure. This provision is not intended to abrogate rights under
state of federal statutes. .
6.8.1 Notwithstanding that portion of Article 26.2 referring to laws of the City of Saint
Paul, no issue regarding actions taken under this Agreement shall be submitted to .
the Civil Service Commission, except as permitted in Article 19.8, for persons
covered by veterans preference.
•
•
s
��qU-i�`r�
ARTICLE VII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
•
7.1 Employees of the School District under policy adopted by the Board of Educat�on may be
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing the following plan:
" ", effective with the adoption of this AGREEMENT, is reimbursed at
the rate of 23¢ per mile. In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the employee and the
' employee's supervisor.
. Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
ARTICLE VIII - VACATION
8.1 Vacation credits shall accumulate at the rates shown below for each #ull hour on the
payroll, excluding overtime.
• Years of Service Hours of Vacation
1st year through 4th year .0385
5th year through 9th year .0577
10th year through 15th year .0654
16th year through 23rd year .0808
24th year and thereafter .1000
8.2 The head of the department may permit an employee to carry over into the next
- "vacation year" up to eighty (80) hours of vacation.
_ For the purpose of this Article, the "vacation year" shall be the fiscal year (IRS payroll
reporting year).
' 8.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subd. H.
•
9
ARTICLE IX - INSURANCE
•.
9.1 The Employer will continue for the period of this Agreement to provide for employees
such health and life insurance benefits as are provided by Employer at the time of
execution of this Agreement.
9.2 the Employer will for the period of this Agreement provide for full-time em�loyees who
retire after the time of execution of this Agreement and until such em I�oyees reach
six -five (65� year�, such health insurance benefits and life insurance benefits as
are provided by the Employer for active employees under this Agreement. ,
9.3 The Employer will for the period of this Agreement provide for half-time em�loyees who
retire after the time of execution of this Agreement and until such em I�oyees reach �
sixty-five (65) years of agg fifty per cent (50%) of such health insurance contributions
and life insurance contributions as are provided by the Employer for full-time employees
who retire under this Agreement.
9.4 Notwithstanding Article 9.2, the Employer will for the period of this Agreement contribute
for full-time em�loyees who retire after December 31, 1985 and who select the
Physicians Health Plan-COMBO provided by the Employer and until such retirees reach
�ixty-five (65) years of agg, the cost of such retiree coverage or $125.00 per month,
whichever is less.
• For such retirees selecting family coverage, the Employer will contribute the cost
of such family coverage or$284.12 per month, whichever is less.
For half-time emoloyees who retire after December 31, 1985 and who select the •
Physicians Health Plan-COM60 provided by the Employer and �,ntil such retirees reach
�ix y-five (65j years of aqg, the Employer will contribute fifty per cent (50%) of such
health insurance contributions as are provided by this Article 9.4 for full-time employees
who retire.
This provision is not applicable for employees appointed after January 1, 1990.
9.5 Em I�oyees who retire after execution of this Agreement must meet the following
conditions at the time of retirement to be eligible for the Employer contributions to health
insurance set forth in Article 9.2, 9.3, and 9.4:
9.5.1 Be receiving benefits from a public employee retiree act at the time of �
retirement
AND
9.5.2 Have severed the employment relationship with the Independent School District -
No. 625 under one of the early retiree plans.
s
•
10
�Qd����z
ARTICLE IX - INSURANCE (continued)
•
9.6 Effective January 1. 1987, in addition to meeting the eligibility requirements stated in 9.5.1
and 9.5.2 above, retirin�em�loyees must also meet the followinacondition in order to be
eligible for the early retiree insurance benefits set forth in Articles 9.2, 9.3, and 9.4:
9.6.1 Must be at least 58 years of age and have completed 25 years of employment
with the Independent School District No. 625
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.
9.7 Effective January 1. 1987, full-time em�loyees who retire and who meet the conditions
set forth in 9.5.1 and 9.5.2 but who meet none of the conditions set forth in 9.6.1, shall be
eligible for the following percentages of the amount contributed by the Employer toward
health insurance for active employees in the same health plan. Such retirees shall be
eligible for such contribution until they reach six -five years of agg.
Combination of Age Contribution for Contribution for
and Years of Service Sinqle Co�veraae_ Family Cover,�
84 90% 90%
• 83 80% 80%
82 70% 70%
81 60% 60%
80 50% 50%.
9.8 For employees who retire at the age of 65 or older or for early retirees upon reaching 65,
and who have completed at least ten years of seroice with the District at the time of
their retirement, the Employer will provide health insurance contributions toward
employee health insurance plans as are provided by the Employer for retirees 65 years of
age or older as approved Board of Education Resolution.
For such employees or early retirees who have not completed at least ten (10) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of early
' retirees, upon their reaching age 65.
_ This subdivision 9.8 shall not apply to employees who were regularly appointed to
City/District employment prior to May 3, 1988. Employees who were regularly appointed
to City/District employment prior to the signing of this Agreement and subsequently
terminated shall be covered by this Agreement in the event that they are regularly
appointed at a later date.
•
11
Article IX - insurance (continued)
•
9.8.1 Notwithstanding 9.8, for employees regularly appointed to a title in this unit after
January 1, 1990, who retire at the age of 65 or older or for early retirees upon
reaching 65, and who have completed at least twenty (20) years of service with
tl�e District at the time of their retirement, the Employer will ptovide health
insurance contributions toward employee health insurance plans as are provided
by the Employer for retirees 65 years of age or older as approved Board of
Education Resolution.
For such employees or early retirees who have not completed at least twenty
(20) years of service with the District at the time of their retirement, the
Employer will discontinue providing any health insurance contributions upon their -
retirement or, in the case of early retirees, upon their reaching age 65.
9.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a
City/I.S.D. No. 625 retiree or City/I.S.D. No. 625 employee and eligible for and is enrolled in
the City/I.S.D. No. 625 health insurance program.
9.10 For each eligible employee covered by this Agreement who is employed full time and who
selects employee insurance coverage, the Employer agrees to contribute the cost of such
coverage or$120.00 per month,whichever is less.
For each full-time employee who selects family coverage, the Employer will contribute the
cost of such family coverage or$220.00 per month, whichever is less. •
9.11 For the purpose of this Article, full-time employment is defined as appearing on the
payroll at least 32 hour.s per week or at least 64 hours per pay period, excluding
overtime hours.
9.12 For each eligible employee covered by this Agreement who is employed half time who
selects employee insurance coverage, the Employer agrees to contribute fifty per cent
(50%) of the amount contributed for full-time employees selecting employee coverage in
the same insurance plan. :
For each half-time employee who selects family insurance coverage, the Employer will
contribute fifty per cent (50%) of the amount contributed for full-time employees
selecting family coverage in the same insurance plan. �
For the purpose of this Article, half-time employment is defined as appearing on the
payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less �
than 64 hours per pay period, excluding overtime hours.
9.13 Notwithstanding Article 9.12, employees covered by this Agreement and employed half
time prior to January 1, 1986 shall receive the same insurance contributions as a full-time
employee. This Article 9.13 applies only to employees who were employed half-time
during the month of December, 1985 and shall continue to apply only as long as such
employee remains continuously employed half time. •
12
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Article IX- Insurance (continued)
• �
9.14 Effective Januaa 1. 1991 the amount of Employer s contribution toward the employee
coverage in Article 9.10 will be adjusted in dollars to reflect the cost of the highest �
January 1, 1991 premium rate for employee coverage or$127.00 per month, whichever is
less.
- The Employer's contribution toward family coverage in Subd. 9.10 will be adjusted in
dollars to reflect the cost of the highest January 1, 1991 premium rate for family
coverage or$227.00 per month,whichever is less.
' 9.15 Employees eligible for insurance coverage may select any one of the following coverages:
Group Health
. Physicians Health Plan-COM60.
In the event the Employer makes available to employees a health insurance plan not
listed above, this Agreement may be reopened by mutual agreement of the Employer and
Union to add such plan to the above list in this Article 9.15.
9.16 Ljfg Insurance:
9.16.1 For each eligible employee, the Employer agrees to contribute the cost of
$5,000 of life insurance coverage.
9.16.2 Effective January 1. 1990 for each eligible employee, the Employer agrees to
• contribute the cost of $10,000 life insurance coverage in addition to the basic
$5,000 coverage, the contribution for this added coverage shall not exceed
$2.00 per month. This Subdivision expires January 31, 1990.
9.16.3 Effective Februarv 1. 1990 for each eligible employee, the Employer agrees to
contribute to the cost of$20,000 life insurance coverage in addition to the basic
$5,000 coverage described in 9.16.1 above; this brings total life insurance
coverage to$25,000. The total premium contribution by the Employer for all life
insurance coverage shall not exceed$4.00 per month.
9.17 The contributions indicated in this Article 9 shall be paid to the Employer's Group Health
and Welfare Plan.
9.18 Any cost of any premium for any Employer-offered employee or family insurance
` coverage in excess of the dollar amounts stated in this Article 9 shall be paid by the
employee.
9.19 It is the intent of the Employer to initiate during the term of this Agreement a plan for
medical and child care expense accounts to be available to employees irt this bargaining
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.
•
13
ARTICLE X - WORKING OUT OF CLASSIFICATION
•
10.1 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 a year shall receive
� the rat� of pay for the out-of-class assignment in a higher classification not later than
the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-
class assignment is defined as an assignment of an employee to perform, on a full-time
basis, all of the significant duties and responsibilities of a position different from the
employee's regular position, and which is in a classification higher than the classification •
held by such employee. The rate of pay for an approved out-of-class assignment shall be
the same rate the employee would receive if such employee received a regular
appointment to the higher classification.
10.2 For the following classifications, the provisions of 10.1 shall not apply to performance of
the duties of the next higher classification in the job series:
Clerk I
Clerk-Stenographer I
Data Entry Operator I
Cashier I
Clerk-Typist I.
ARTICLE XI - EMPLOYEE RECORDS
•
11.1 Any written reprimand made concerning any member of this bargaining unit which is filed
with the Personnel Office or within any EMPLOYER department, shall be shown to the
member before it is placed on file. Before the reprimand is placed on file, the EMPLOYER
shall request from the employee an acknowledgment, in writing, that the reprimand has
been read by said employee.
11.2 Any member of the bargaining unit may, during usual working hours, with the approval of
the supervisor, review any material placed in the employee's personnel file, after first
giving proper notice to the supervisor in custody of such file.
.
.
14
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ARTICLE XII - BULLETIN BOARDS
•
12.1 The EMPLOYER shall provide reasonable bulletin space for use by the UNION in posting
notices of UNION business and activities. Said bulletin board space shall not be used by
the UNION for political purposes other than UNION elections. Use of this bulletin board is
subject to approval of the department head.
� ARTICLE XIII - WAGES
13.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto.
Both parties agree that the inclusion of the classifications and salary ranges in Appendix
"A"does not preclude the employer from the following:
1. Reorganizing
2. Abolishing classifications
3. Establishing new classifications
4. Regrading classifications
5. Reclassifying positions.
Both parties also agree that titles and grades in Appendix A refer to employees in the
• positions at the date of signing of the AGREEMENT. No employee in this bargaining unit
shall suffer any reduction in salary because of a regrading or reclassification during the
contract period in which such regrading or reclassification takes place.
13.2 Notwithstanding section 13.1, salary rates in Appendix A shall be reduced in the amounts
necessary to equalize payment to individual HRA employees and Independent School
District No. 625 employees who receive different pension benefits.
ARTICLE XIV - MAINTENANCE OF STANDARDS
14.1 The parties agree that all conditions of employment relating to wages, hours of work,
� overtime differentials, vacations, and all other general working conditions shall be
maintained at not less than the highest minimum standard set forth in the Civil Service
Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan
and Rates of Compensation at the time of the signing of this AGREEMENT, and the
conditions of employment shall be improved wherever specific provisions for improvement
are made elsHwhere in this AGREEMENT.
•
15
ARTICLE XV - LEAVES OF ABSENCE
•
15.1 Leave of Absence. After three months' employment, an employee may make application
for a leave of absence not to exceed one year. A leave of absence shall be granted on
the basis established in the Civil Service Rules (Resolution No. 3250).
15.2 � Leave. 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
eligible for sick leave, the employee must report to his/her supervisor no later than one-
half hour past his/her regular scheduled starting time. The granting of sick leave shall be ,
subject to the terms and provisions of this Agreement..
15.3 Any employee who has accumulated sick leave credits as provided above shall be �
granted leave with pay, for such period of time as the head of the department deems
necessary, on account of sickness or injury of the employee, quarantine established and
declared by the Bureau of Health, death of the employee's mother, fa#her, spouse, child,
brother, sister, mother-in-law, father-in-law or other person who is a member of the
household; and may be granted leave with pay for such time as is actually necessary for
office visits to a doctor, dentist, optometrist, 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 hours sick leave.
15.4 Leave without Pav. Any employee who engages in active service in time of war or other
emergency declared by proper authority of any of the military or naval forces of the
State or of the United States for which leave is not otherwise allowed by law shall be •
entitled to leave of absence from employment without pay during such service with right
of reinstatement and subject to such conditions as are imposed by law. Such leaves of
absence as are granted under Article XVI shall conform to Minnesota Statutes, Section
192, as amended from time to time and shall confer no additional benefits other than
those granted by said statute.
15.5 Severance Pav. Employees shall be eligible for severance pay in accordance with the
School District's Severance Pay Plan. The amount of severance pay allowed shall be
that amount permitted by State Statutes subject to the provision that the maximum
amount allowed shall be$4,000.
15.6 ,Jury Du�. Any employee who is required during his/her regular working hours to appear
in court as a juror or witness except as a witness in his/her own behalf against the �
Employer, shall be paid the regular pay while so engaged, provided, however, that any
fees that the employee may receive from the court for such service shall be paid to the
Employer and be deposited with the Employer Business Office. Any employee who is -
scheduled to work a shift other than the normal daytime shift shal► be rescheduled to
work the normal daytime shift during such time as the employee is required to appear in
court as a juror or witnesS.
15.7 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in
the Civil Service Rules, shall be granted one day of such leave to attend the funeral of
the employee's grandparent or grandchild. •
�s
�,�-�d--�oy-�
Article XV - Leave of Absence (continued)
•
15.8 Parental Leave:
15.8.1 Parental leave is a leave without pay or benefits which shall be granted upon
request subject to the provisions of this section. It may be granted for reasons
of adoption or pregnancy and/or the need to provide parental care for a child
or children of the employee for an extended period of time immediately following
adoption or the conclusion of pregnancy;such period of leave shall be no longer
* than one calendar year in length. Leave up to six (6) calendar months shall be
granted upon request. Leave for more than six (6) calendar months is at the
4 discretion of the Employer.
15.8.2 In the case of pregnancy, an employee who wishes to use a period of (paid)
earned sick leave at the time of pregnancy and delivery-related disability, may
request unpaid parental leave for a period following the use of earned sick
leave; however, sick leave time shall not be granted within (during the course
of) a period of unpaid parental leave. The employee requesting such sequential
leave shall submit an application in writing to the Director of Personnel of
Independent School District No. 625 not later than 12 weeks in advance of the
anticipated date of delivery. The employee will be required to submit, at the
time of use, appropriate medical verification for the sick leave time claimed.
• 15.8.3 In the case of adoption, the employee shall submit a written application to the
Director of Personnel, of Independent School District No. 625 including the
anticipated date of placement of the child, at least twelve (12) weeks in
advance of the anticipated date of placement, or earlier if possible.
Documentation will be required.
15.8.4 When an employee is returning from parental leave extending over a period of
six (6) calendar months or less, the employee shall be placed, at the beginning
of the first pay period following the scheduled date of return, in the same
position held prior to the leave or, if necessary, in an equivalent position.
15.8.5 When an employee has requested and been granted leave for a period longer
than six (6) calendar months, but no more than twelve (12) calendar months,
the employee will be placed in an equivalent position after the scheduled date of
return as soon as an equivalent vacancy becomes available. For purposes of
this provision, an equivalent vacancy is a position in the same title which
. exists, has no certified incumbent, which is to be filled, and for which no other
person has rights.
•
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ARTICLE XVI - MILITARY LEAVE OF ABSENCE
•
16.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval
Militia or any other component of the militia of the state, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Officers Reserve
Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or
any other reserve component of the military or naval force of the United States, now or
hereafter organized or constituted under federal law, shall be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for all the time when such employee is engaged with such .
organization or component in training or active service ordered or authorized by proper
authority pursuant to law, whether for state or federal purposes, provided that such
leave shall not exceed a total of fifteen (15) days in any calendar year and further �
provided that such leave shall be allowed only in case the required military or naval
service is satisfactorily performed, which shall be presumed unless the contrary is
established. Such teave shall not be allowed unless the employee (1) returns to his/her
position immediately upon being relieved from such military or naval service and not later
than the expiration of time herein limited for such leave, or (2) is prevented from so
retuming by physical or mental disability or other cause not due to such employee's own
fault, or (3) is required by proper authority to continue in such military or naval service
beyond the time herein limited for such leave.
ARTICLE XVII - MANAGEMENT RIGHTS •
1�.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in
all respects in accordance with applicable laws and regulations of appropriate authorities.
All rights and authority which the EMPLOYER has not officially abridged, delegated or
modified by this Agreement are retained by the EMPLOYER.
17.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limited to, such areas of discretion or policy
as the functions and programs of the EMPLOYER, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
personnel.
•
18
��o-io�/.?
ARTICLE XVIII - SENIORITY
• 18.1 Seniorit , for the ur ose of this AGREEMENT, shall be defined as follows: The length
Y P P
of continuous, regular, and probationary service with the EMPLOYER from the date an
employee was first certified and appointed to a class title covered by this AGREEMENT,
. it being further understood that seniority is confined to the current class assignment held
by an employee. In cases where two or more employees are appointed to the same class
title on the same date,the seniority shall be determined by employee's rank on the eligible
list from which certification was made.
� 18.2 Seniority shall terminate when an employee retires, resigns or is discharged.
18.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work
� force, employees will be laid off by class title within each department based on inverse
length of seniority as defined above. However, when layoff occurs in any of the titles
listed below under Column A, layoff shall be based on inverse length of total seniority in
all titles listed on the corresponding line under Column B.
The Personnel Department will identify such least senior employee in the department
reducing positions, and shall notify said employee of his/her reduction from the
department. If there are any vacancies in any of the titles under Column B on which
seniority was based, in any other District department, the Personnel Department shall
place the affected employee in such vacancy. If two or more vacant positions are
available, the Personnel Department shall decide which vacant positions the affected
• employee shall filL If no vacancy exists in such titles, then the least senior District
employee in such titles shall be identified, and if the employee affected by the original
departmental reduction is more senior, he/she shall have the right to claim that position
and the least senior District employee in such titles shall be the employee laid off. For the
purposes of this Article, the Board of Education is not included as a City department nor
is a Board of Education employee included as a City employee.
Column A Column B
Clerk I Clerk I, Clerk II
Clerk II Clerk I, Clerk II
Clerk-Typist I Clerk-Typist I, Clerk-Typist II
Clerk-Typist II Clerk-Typist II, Clerk-Typist I
Clerk-Stenographer I Clerk-Stenographer I,
Clerk-Stenographer II
� Cashier I Cashier I, Cashier II
Cashier II Cashier II, Cashier I
Data Entry Operator I Data Entry Operator I,
` Data Entry Operator II.
•
19
Article XVIiI - Seniority (continued)
•
18.4 In cases where there are promotional series, such as Clerk I, II, III, etc., when the number
of employees in these higher titles is to be reduced, employees who have held lower titles
which are in this bargaining unit will be offered reductions to the highest of these titles to
which class seniority would keep them from being laid off, before layoffs are made by
any class title in any department.
18.5 In cases where an employee to be laid off has held no regular appointment in a lower title
in the same promotional series as his/her current title, that employee will be offered a :
reduction to the title within the bargaining unit to which he/she was regularly appointed
immediately prior to his/her current title, so long as there is either a vacancy or, if no
vacancy exists, a less senior employee in such title may be displaced. In cases where an '
employee to be laid off has held no regular appointment to any titles immediately prior to
his/her current title, said employee shall be laid off. The employee reducing into a title
formerly held must satisfactorily complete a six-month probationary period in such title.
If the probationary period is not satisfactory, the employee shall, at any time during the
probationary period, be reinstated to his/her former title and shall be laid off, but such
employee's name will be placed on the reinstatement register in his/her former title and
"bumping"rights herein shall not again apply to such employee.
This procedure will be followed by the City for City employees, and by the Board of
Education for Board of Education employees; however, City employees being reduced or
laid off may not displace Board of Education employees; Board of Education employees •
being reduced or laid off may not displace City employees.
18.6 It is understood that such employees witl pick up their former seniority date in any class
of positions that they previously held.
18.7 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire
after two years of layoff.
r
•
2�
�90-iv��
ARTICLE XIX - DISCIPLINE
• 19.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the
form of:
19.11 Oral reprimand;
19.12 Written reprimand;
19.13 Suspension;
19.14 Reducbon;
19.15 Discharge.
` 19.2 Any written reprimand made concerning any member of this bargaining unit which is filed
with the Personnel Office or within any EMPLOYER department, shall be shown to the
� member before it is placed on file. Before the reprimand is placed on file, the EMPLOYER
shall request from the employee an acknowledgment, in writing, that the reprimand has
been read by said employee.
19.3 Suspensions, reductions, and discharges will be in written form.
19.4 Employees and the UNION will receive copies of written reprimands and notices of
suspension and discharge.
19.5 Employees may examine all information in their EMPLOYER personnel files that
concerns work evaluations, commendations and/or disciplinary actions. Files may be
examined at reasonable times under the direct supervision of the EMPLOYER.
• 19.6 Discharges will be preceded by a five- (5) day preliminary suspension without pay.
During said period, the employee and/or UNION may request and shall be entitled to a
meeting with the EMPLOYER representative who initiated the suspension with intent to
discharge. During said five- (5) day period, the EMPLOYER may affirm the suspension
and discharge in accordance with the Civil Service Rules or may modify or withdraw
same.
19.7 An employee to be questioned concerning an investigation of disciplinary action shall have
the right to request that a UNION representative be present.
19.8 A grievance relating to this Article shall be processed in accordance with the grievance
procedure in Article VI of this Agreement. This provision is not intended to abrogate
,
rights of veterans pursuant to statute.
• -
21
ARTICLE XX - VACANCIES
•
20.1 The Personnel Office will inform all departments that the department's timekeeper shall
post notices of all job vacancies in their department at least five days before submitting
a requisition to the Personnel Office.
ARTICLE XXI - NO STRIKE, NO LOCKOUT
r
21.1 Neither the Union, its officers or agents, nor any of the employees covered by this
Agreement will engage in, encourage, sanction or support any strike, or the withholding in `
whole or in part of the full performance of their duties during the life of this Agreement,
except as specifically allowed by the Public Employment Labor Relations Act. In the
event of a violation of this Article, the Employer will warn employees of the
consequences of their action and shall instruct them to immediately return to their normal
duties. Any employee who fails to return to his full duties within twenty-four (24) hours
of such warning may be subject to the penalties provided in the Public Employment Labor
Relations Act.
21.2 No lockout, or refusal to allow employees to perform available work, shall be instituted
by the Employer and/or its appointing authorities during the life of this Agreement.
•
,
•
22
(�'yd-/D�a2
ARTICLE XXII - SEVERANCE PAY
•
22.1 The Employer shall provide a severance pay program as set forth in this Article.
22.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
22.2.1 The employee must be 58 years of age or older or must be eligible for pension
under the "rule of 85" or the "rule of 90" provisions of the Public Employees
Retirement Association (PERA). The "rule of 85"or the "rule of 90" criteria
� shall also apply to employees covered by a public pension plan other than
PERA.
22.2.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this
severance pay program.
22.2.3 The employee must have at least ten (10) years of consecutive service under
the classified or unclassified Civil Service at the time of separation. For the
purpose of this Article, employment in either the City of Saint Paul or in
Independent School District No. 625 may be used in meeting this ten- (10) year
service requirement.
• 22.2.4 The employee must file a waiver of re-employment with the Director of
Personnel, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
22.2.5 The employee must have accumulated a minimum of sixty (60) days of sick
leave credits at the time of his separation from service.
22.3 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 of the daily rate of pay for the position held by the employee on the
date of separation for each day of accrued sick leave subject to a maximum of 200
a
accrued sick leave days.
22.4 The maximum amount of money that any employee may obtain through this severance
• pay program is$6,500.
•
23
Article XXII - Severance Pay (continued)
•
22.5 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.
22.6 For the purpose of this severance pay program, a transfer from Independent School
District No. 625 employment to City of Saint Paul employment is not considered a
separation of employment, and such transferee shall not be eligible for this severance ,
program.
22.7 The manner of payment of such severance pay shall be made in accordance with the �
provisions of the School District Severance Pay Plan already in existence.
22.8 This severance pay program shall be subject to and governed by the provisions of the
original School District Severance Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this Article conflict with said
Severance Pay Plan and in such cases, the provisions of this Article shall control.
22.9 The provisions of this Article shall be effective as of January 1, 1984.
22.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qualifications of this Article or the original School District Basic Severance Pay Plan
(which allows $4,000 maximum payment), draw severance pay. However, an election •
by the employee to draw severance pay under either this Article or the basic School
District Severance Pay Plan shall constitute a bar to receiving severance pay from the
other. Any employee hired after December 31, 1983 shall be entitled only to the benefits
of this Article upon meeting the qualifications herein.
22.11 An employee of Independent School District No. 625 shall not be eligible for the severance
pay provision of this Article if such employee is also eligible and a recipient of Early
Retirement Incentive payment under the Memorandum of Agreement with the exclusive
representative dated October 14, 1983.
22.12 Oriainal Severance Pay Plan• Employees shall be eligible for severance pay in
accordance with the School District's Severance Pay Plan. The amount of severance
pay allowed shall be that amount permitted by State Statutes subject to the provisions
that the maximum amount a!lowed shall be$4,000. �
•
24
��yo io�.�
ARTICLE XXIII - TEMPORARY EMPLOYEES
�
23.1 It is recognized that temporary employees are within the unit covered by this
AGREEMENT, however, except as specifically provided by this AGREEMENT,
temporary employees shall not have or acquire any rights or benefits other than
• specifically provided by the provisions of the Civil Service Rules and/or the Saint Paul
Salary Plan and Rates of Compensation.
ARTICLE XXIV - NON-DISCRIMINATION
24.1 The terms and conditions of this AGREEMENT will be applied to employees equally
without regard to or discrimination for or against any individual because of race, color,
creed, sex,age or because of inembership or non-membership in the UNION.
24.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities involve other employees and the general public.
ARTICLE XXV - LEGAL SERVICES
25.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
Employer shall defend, save groundless or otherwise, arising out of alleged acts or
omission occurring in the performance or scope of the employee's duties.
25.2 Notwithstanding 25.1, the Employer shall not be responsible for paying any legal service
fee or for providing any legal service arising from any legal action where the employee is
the plaintiff.
25
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•
�
1990 - 1991
�
Agreement between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT 625
And .
LOCAL UNION 1842
DISTRICT COUNCIL 14
�
OF THE AMERICAN FEDERATION
OF STATE, COUNTY, AND MUNICIPAL
EMPLOYEES, AFL -CIO
, �
: -J ��od ° v
a
� o0 0
0 LIFEIONG LEARNING
PUBLIC SCHOOIS
�
•
SAINT PAUL PUBLIC SCHOOLS �
Independent School District No. 625
Board of Education:
Margo Fox - Chairperson Bill Carlson - Member
Ciaudia Swanson - Vice-Chairperson Becky Montgomery - Member
Bill Finney - Clerk Eleanor Weber-Member
AI Oertwig - Treasurer
Administration: •
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
�_
•
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• INDD(
RT IT TLE PA E
Prearr�ble..................................................................................................... ................ v
IFieoognition....................................................................................................................... 1
' 1 Check Off.......................................................................................................................... 3
qlHours of Work................................................................................................................ 3
, IV Work Breaks................................................................................................................... 4
VHdidays............................................................................................................................. 5
VI Grievance Procedures.............................................................................................. 6
VII Mileage--Independent School District No. 625............................................... 9
VIIIResidency......................................................................................................................... 9
D( Vacation........................................................................................................................... 10
Xkisurar�oe........................................................................................................................... 11
� Woridng Out of Classification........................................................................ 16
.......
XIISer�iority............................................................................................................................ 17
XIIIEmployee Records....................................................................................................... 19
XIVBulletin Boards ............................................................................................................ 19
• X V Wages................................................................................................................................. 19
XVI Maintenanoe of Standards................................................................................: 20
....
XVII Leaves of Abser�oe..................................................................................................... 21
XVI I I Milil�ry Leave of Absence..................................................................................... 24
XIXManagerr�errt RigMs.................................................................................................... 24
XX D�c�pline........................................................................
.................................................... 25
�CI Vacancies........................................................................................................................ 26
XXIILegal Servioes............................................................................................................... 26
XXIII No Sbike,No Lockout..........................................................
.................................... 26
XXIVSeverance Pay............................................................................................................. 27
XXVTemporary Employees............................................................................................. 29
-
XXVI Nondisaimir�ation........................................................................................
................ 29
.
.� XXVI I Terms of Agreement................................................................................................. 31
Appendix............................................................................................................. A-1/A-4
�
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PREAMBLE
�
This AGREEMENT, entered into by Independent School District No. 625, hereinafter
referred to as the EMPLOYER, and Local Union 1842, affiliated with Council 14 of the American
Federation of State, County, and Municipal Employees, AFL-CIO, hereinafter referred to as the
UNION, has as its purpose the promotion of harmonious relations between the EMPLOYER and
the UNION, the establishment of rates of pay, hours of work, and other conditions of
employment.
�
•
•
v
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ARTICLE I - RECOGNITION
• iv bar ainin a ent for
1.1 The EMPLOYER recogrnzes the UNION as the sole and exclus e g g g
the purpose of establishing salaries, wages, hours, and other conditions of employment
for all of its employees as outlined in the certification by the State of Minnesota Bureau
of Mediation Services, dated October 16, 1986, in Case No. 87-PR-158 and as amended
and as set forth in Section 1.2 below.
1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All
technical personnel who are employed by Independent School District No. 625, Saint Paul,
' Minnesota,and who are public employees within the meaning of M.S. 179A.03, Subd. 14 in
the classifications of:
� Accounting Technician I Health and Education Assistant
Accounting Technician II
Accounting Technician III Library Assistant
Accounting Technician IV
Adaptive Recreation Assistant Occupational Therapy Assistant
Architectural Draftsman I
Architectural Draftsmanll Physical Therapist Assistant
Practical Nurse
Child Development Technician
Clinic Nurse • Special Student Attendant
Supervising Dental Hygienst
• Dental Assistant
Dental Hygienst
E.D.P. Lead Programmer
E.D.P. Program Analyst
E.D.P. Programmer
E.D.P. Programmer Trainee
Engineering Aide I
Engineering Aide II
excluding superoisory,confidential,and all other employees.
• *Title abolished except as to present incumbents.
•
�
Article I - Recognition (continued)
1.3 Any present or future employee who is not a UNION member shall be re uired to •
q
contribute a fair share fee for services rendered by the UNfON and, upon notification by
the UNION, the EMPLOYER shall check off said fee from the eamings of the employee
and transmit the same to the UNION. In no instance shall the required contribution
exceed a pro rata share of the specific expenses incurred for services rendered by the
representative in relationship to negotiations and administration of grievance procedures.
This provision shall remain operative only so long as specifically provided by Minnesota
law, and as otherwise legal.
,
1.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
elaims, suits, orders or judgments brought or issued against the EMPLOYER as a result .
of any action taken ar not taken by the EMPLOYER under the provisions of this Article
I, Section 1.3.
•
•
2
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ARTICLE II - CHECK OFF
•
2.1 The EMPLOYER agrees to deduct the UNION membership initiation fee assessments
and once each month dues from the pay of those employees 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 all
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 as is possible.
2.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all
claims, suits, orders or judgments brought or issued against the EMPLOYER as a result
• of any action taken or not taken by the EMPLOYER under the provisions of this Article,
ARTICLE III - HOURS OF WORK
3.1 The normal work day shall be seven and three-fourths (7 3/4) consecutive hours
per day, excluding a forty-five- (45) minute lunch period, fifteen (15) minutes of which
shall be paid.
3.2 The normal work week shall be five (5) consecutive normal work days in any seven- (7)
day period.
• 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight
and three-fourths (38 3/4) hours per week.
3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per
normal work day or per normal work week.
3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be
"overtime work"and shall be done only by order of the head of the department.
3.6 All employees in this bargaining unit shall be recompensed for work done in excess of the
normal hours established above in this Article by being granted compensatory time on a
time and one-half basis or by being paid on a time and one-half basis for such overtime
work. The overtime rate of one and one-half shall be computed on the basis of II80th of
' the biweekly rate.
_ 3.7 Normal work schedutes showing the employee's shifts, work days, and hours shall be
posted on all department bulletin boards at all times. It is also understood that deviation
from posted work schedules shall be permissible due to emergencies, acts of God, and
overtime may be required.
•
3
ARTICLE IV - WORK BREAKS
4.1 $g�Periods. All em lo ees'work schedules shall rovide for a fifteen- 15 minute rest �
P Y P ( )
period during each one-half shift. The rest period shall be scheduled by management at
approximately the middle of each one-half shift whenever this is feasible.
4.2 I� �n employee is scheduled to work a full half-shift beyond the regular quitting time, the
empfoyee shall be entitled to the rest period that occurs during said half-shift.
.
•
.
•
4
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ARTICLE V - HOLIDAYS
•
5.1 H li r ni �.in observed. The following days shall be recognized and observed
as paid holidays:
New Year's Day Columbus Day
Martin Luther King Day Veterans' Day
Presidents' Day Thanksgiving Day
Memorial Day Christmas Day
Independence Day Two floating holidays.
Labor Day
' Eligible employees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For
those employees assigned to a work week other than Monday through Friday, the holiday
shall be observed on the calendar date of the holiday.
5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the
contract year, subject to the approval of the department head of any employee.
5.3 Eli i ili Reauirements. In order to be eligible for a holiday with pay, an employee's name
must appear on the payroll on any six working days of the nine working days preceding
• the holiday, or an empfoyee's name must appear on the payroll the last working day
before the holiday and on three other working days of the nine working days preceding
the holiday. In neither case shall the holiday be counted as a working day for the
purposes of this section. It is further understood that neither temporary, nor other
employees not heretofore eligible shall receive holiday pay.
5.4 Nofinrithstanding Article 5.3, effective April 1, 1984, a temporary employee shall be
eligible for holiday pay only after such employee has been employed as a temporary
employee for sixty-seven (67) consecutive work days. No temporary employee shall be
eligible for any floating holidays.
5.5 In the case of Board of Education employees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day falls on a day when school is in session, the
, employee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day on which school is not in session and
shall be determined by agreement between the employee and the supervisor.
5.6 Notwithstanding Article 5.1 and 5.5 above, the Employer may at anytime during the life
of this Agreement designate the day after Thanksgiving as a paid holiday. In the event
of such designation, either Martin Luther King Day, Presidents' Day, Columbus Day, or
Veterans' Day shall be deleted from the paid holidays list as set forth in Article 5.1.
�
5
ARTICLE VI - GRIEVANCE PROCEDURES
•
6.1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and
regulations as the grievance representatives of the bargaining unit. The UNION shall
notify the EMPLOYER in writing of the names of the stewards and of their successors
wh+an so riamed.
6.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when consistent '
with such employee duties and responsibilities. The steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed during working hours, .
provided the steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER.
6.3 The procedure established by this Article shall be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article XX for the processing
of grievances, which are defined as an alleged violation of the terms and conditions of
this AGREEMENT.
6.4 Grievance shall be resolved in conformance with the following procedure:
�1. Upon the occurrence of an alleged violation of this AGREEMENT, the employee
involved with or without the steward shall attempt to resolve the matter on an •
informal basis with the employee's supervisor. If the matter is not resolved to
the employee's satisfaction by the informal discussion, it may be reduced to
writing and referred to Step 2 by the UNION. The written grievance shall set
forth the nature of the grievance, the facts on which it is based, the alleged
section(s) of the AGREEMENT violated, and the relief requested. Any alleged
violation of the AGREEMENT not reduced to writing by the UNION within
seven (7) work days of the first occurrence of the event giving rise to the
grievance shall be considered waived.
��. Within seven (7) work days after receiving the written grievance, a designated
EMPLOYER supervisor shall meet with the UNION steward and attempt to
resolve the grievance. If, as a result of this meeting, the grievance remains
unresolved, the EMPLOYER shall reply in writing to the UNION within three �
(3) work days following this meeting. The UNION may refer the grievance in
writing to Step 3 within seven (7) work days following receipt of the
EMPLOYER'S written answer. Any grievance not referred in writing by the �
UNION within seven (7) work days following receipt of the EMPLOYER'S
answer shall be considered waived.
•
6
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Article VI - Grievance Procedures (continued)
• Ste�. Within seven (7) work days following receipt of a gnevance referred from Step
2, a designated EMPLOYER supervisor shall meet with the UNION Business
Manager or his/her designated representative, the employee, and the steward,
and attempt to resolve the grievance. Within seven (7) work days following
this meeting, the EMPLOYER shall reply in writing to the UNION, stating the
EMPLOYER'S answer concerning the grievance. If, as a result of the written
response, the grievance remains unresolved, the UNION may refer the
grievance to Step 4. Any grievance not referred in writing by the UNION to
' Step 4 within seven (7) work days following receipt of the EMPLOYER'S
answer shall be considered waived.
Ste�. If the grievance remains unresolved, the UNION may within seven (7) work
days after the response of the EMPLOYER in Step 3, by written notice to the
EMPLOYER request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) work days after notice has been
given. If the parties fail to mutually agree upon an arbitrator within the said
seven (7) day period, either party may request the Public Employment
Relations Board to submit a panel of five (5) arbitrators. Both the
EMPLOYER and the UNION shall have the right to strike two (2) names from
the panel. The UNION shall strike the first (1st) name; the EMPLOYER shall
then strike one (1) name. The process will be repeated and the remaining
• person shall be the arbitrator.
6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this AGREEMENT. The arbitrator shall consider and decide only
the specific issue submitted in writing by the EMPLOYER and the UNION and shall have
no authority to make a decision on any other issue not so submitted. The arbitrator shall
be without power to make decisions contrary to or inconsistent with or modifying or
varying in any way the application of laws, rules or regulations having the force and
effect of 1aw. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or application of the express terms of this AGREEMENT
and to the facts of the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER, the UNION,and the employees.
.
6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the UNION, provided that each party shall be responsible
for compensating its own representatives and witnesses. If either party desires a
verbatim record of the proceedings, it may cause such a record to be made, providing it
pays for the record.
•
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V � �
Article VI - Grievance Procedures (continued)
•
6.7 The time limits in each step of this procedure may be extended by mutua� agreement of
the EMPLOYER and the UNION.
6.8 It is understood by the UNION and the EMPLOYER that if an issue is determined by this
grievance procedure, it shall not again be submitted for determination in another forum. If
an issue is determined by any other forum, it shall not again be submitted for arbitration
under this grievance procedure. This provision is not intended to abrogate rights secured
under state or federal statutes. -
6.8.1 Notwithstanding that portion of Article 27.2 referring to laws of the City of Saint ^
Paul, no issue regarding actions taken under this Agreement shall be submitted to
the Civil Service Commission, except as permitted in Article 20.8, for persons
covered by veterans preference.
.
•
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ARTICLE VII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625
•
7.1 Employees of the School District under policy adopted by the Board of Education may be
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing the following plan:
" ", effective with the adoption of this AGREEMENT, is reimbursed at
the rate of 23¢ per mile. In addition, a maximum amount which can be paid per
_ month is established by an estimate furnished by the employee and the
employee's supervisor.
� Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
ARTICLE VIII - RESIDENCY
8.1 The Board of Education has no residency requirement governing School District
• employees.
.
•
s
ARTICLE IX - VACATION
•
9.1 Vacation credits shall accumulate at the rates shown below for each full hour on the
payroll, excluding overtime.
Years of Service Hours of Vacation
1st year through 4th year .03g5
5th year through 9th year .0577 _
10th year through 15th year .0654
16th year through 23rd year ,pgpg
24th year and thereafter .�ppp
9.2 The head of the department may permit an employee to carry over into the next
"vacation year", up to eighty (80) hours of vacation.
For the purpose of this Article, the "vacation year" shall be the fiscal year (IRS payroll
reporting year).
9.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subd. H. •
•
10
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ARTICLE X - INSURANCE
•
10.1 The Employer will continue for the period of this Agreement to provide for employees
such health and life insurance benefits as are provided by Employer at the time of
execution of this Agreement.
10.2 The Employer will for the period of this Agreement provide for full-time employees who
retire after the time of execution of this Agreement and until such em�lovees reach
six -five (65� years of aae, such health insurance benefits and life insurance benefits
. as are provided by the Employer for active employees under this Agreement.
10.3 The Employer will for the period of this Agreement provide for half-time em�loyees who
- retire after the time of execution of this Agreement and until such em I�oyees reach
six -five (651 vears of age fifty per cent (50%) of such health insurance contributions
and life insurance contributions as are provided by the Employer for full-time employees
who retire under this Agreement.
10.4 Nofinrithstanding Article 10.2, the Employer will for the period of this Agreement
contribute for full-time em 12oyees who retire after December 31, 1985 and who select
the Physicians Health Plan-COMBO provided by the Employer and until such retirees
reach sixty-five (65�,years of aae, the cost of such retiree coverage or $125.00 per
month,whichever is less.
- For such retirees selecting family coverage, the Employer will contribute the cost
of such family coverage or$284.12 per month, whichever is less.
• For half-time em I�oyees who retire after December 31, 1985 and who select the
Physicians Health Plan-COMBO�rovided by the Employer and until such retirees
reach sixty-five (65�years of aae, the Employer will contribute fifty per cent (50%) of
such health insurance contributions as are provided by this Article 10.4 for full-time
employees who retire.
This provision is not applicable for employees appointed after January 1, 1990.
10.5 Em I�oyees who retire after execution of this Aareement must meet the following
conditions at the time of retirement to be eligible for the Employer contributions to
health insurance set forth in Article 10.2, 10.3, and 10.4:
10.5.1 Be receiving benefits from a public employee retiree act at the time of
' retirement
AND
. 10.5.2 Have severed the employment relationship with Independent School District
No. 625 under one of the early retiree plans.
•
11
Article X - Insurance (continued) •
10.6 Effective Janu�ry 1. 1987, in addition to meeting the eligibility requirements stated in
10.5.1 and 10.5.2 above, retirin� em I{�oyees must aiso meet the following condition in
order to be eligible for the early retiree insurance benefits set forth in Articles 10.2,
10.3,and 10.4
10.6.1 Must be at least 58 years of age and have completed 25 years of
employment with Independent School District No. 625
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.
10.7 Effective Januarv 1. 1987, full-time em�loyees who retire and who meet the conditions
set forth in 10.5.1 and 10.5.2 but who meet none of the conditions set forth in 10.6.1,
shall be eligible for the following percentages of the amount contributed by the Employer
toward health insurance for active employees in the same health plan. Such retirees
shall be eligible for such contribution until they reach sixty-five years of agg.
Combination of Age Contribution for Contribution for
and Years of Service Sinflle Coveraae Family Coveraae
84 90% 90% •
83 80% 80%
82 70% 70%
81 60% 60%
80 50% 50%.
10.8 For employees who retire at the age of 65 or older or for early retirees upon reaching
65, and who have completed at least ten years of service with the District at the time
of their retirement, the Employer will provide health insurance contributions toward
employee health insurance plans as are provided by the Employer for retirees 65 years
of age or older as approved by Board of Education Resolution.
For such employees or early retirees who have not completed at least ten (10) years
of service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65. '
This Subdivision 10.8 shall not apply to employees who were regularly appointed to .
City/District employment prior to May 3, 1988. Employees who were regularly
appointed to City/District employment prior to the signing of this Agreement and
subsequently terminated shall be covered by this Agreement in the event that they are
regularly appointed at a later date.
•
12
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Article X - Insurance (continued)
•
10.8.1 Notwithstanding 9.8, for employees regularly appointed to a title in this unit
after January 1, 1990, who retire at the age of 65 or older or for early
retirees upon reaching 65, and who have completed at least finrenty (20)
years of service with the District at the time of their retirement, the
Employer will provide health insurance contributions toward employee health
insurance plans as are provided by the Employer for retirees 65 years of age
or older as approved by Board of Education Resolution.
For such employees or early retirees who have not completed at least
twenty (20) years of service with the District at the time of their
� retirement, the Employer will discontinue providing any health insurance
contributions upon their retirement or, in the case of early retirees, upon their
reaching age 65.
10.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a
City/I.S.D. 625 retiree or City/I.S.D. 625 employee and eligible for and is enrolled in the
City/I.S.D. 625 health insurance program. �
10.10 For each eligible employee covered by this Agreement who is employed full time and
who selects employee insurance coverage, the Employer agrees to contribute the cost
of such coverage or$120.00 per month,whichever is less.
• For each full-time employee who selects family coverage, the Employer will contribute
the cost of such family coverage or$220.00 per month,whichever is less.
10.11 For the purpose of this Article, full-time employment is defined as appearing on the
payroll at least 32 hours per week or at least 64 hours per pay period, excluding
overtime hours.
10.12 For each eligible employee covered by this Agreement who is employed half time who
selects employee insurance coverage, the Employer agrees to contribute fifry per cent
(50%) of the amount contributed for full-time employees selecting employee coverage in
the same insurance plan.
For each half-time employee who selects family insurance coverage, the Employer will
� contribute fifty per cent (50%) of the amount contributed for fulf-time employees
selecting family coverage in the same insurance plan.
� For the purpose of this Article, half-time employment is defined as appearing on the
payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less
than 64 hours per pay period, excluding overtime hours.
•
13
Article X - Insurance (continued)
•
10.13 Notwithstanding Article 10.12, employees covered by this Agreement and employed
half time prior to January 1, 1986 shall receive the same insurance contributions as a
full-time employee. This Article 10.13 applies only to employees who were employed
half-time during the month of December, 1985 and shall continue to �pply only as long
as such employee remains continuously employed half time.
10.14 Effective January 1. 1991 the amount of Employer's contribution toward the employee
coverage in Article 10.10 will be adjusted in dollars to reflect the cost of the highest -
January 1, 1991 premium rafe for employee coverage or$127.00 per month, whichever
is less.
- The Employer's contribution toward family coverage in Subd. 10.10 will be adjusted in
dollars to reflect the cost of the highest January 1, 1991 premium rate for family
coverage or$227.00 per month,whichever is less.
10.15 Employees eligible for insurance coverage may select any one of the following
coverages: Group Health
Physicians Health Plan-COMBO.
In the event the Employer makes available to employees a health insurance plan not
listed above, this Agreement may be reopened by mutual agreement of the Employer
and Union to add such plan to the above list in this Article 10.15.
10.16 �fg Insurance: •
10.16.1 For each eligible employee, the Employer agrees to contribute the cost of
$5,000 of life insurance coverage.
10.16.2 Effective Januarx,l. 1990, for each eligible employee, the Employer agrees
to contribute the cost of $10,000 life insurance coverage in addition to the
basic $5,000 coverage; the contribution for this added coverage shall not
exceed$2.00 per month. This Subdivision expires January 31, 1990.
10.16.3 Effective February 1. 1990, for each eligible employee, the Employer
agrees to contribute to the cost of $20,000 of life insurance coverage in
addition to the basic$5,000 coverage described in 10.16.1 above;this brings �
total life insurance coverage to $25,000. The total premium contribution by
the Employer for all life insurance coverage shall not exceed $4.00 per
month. -
10.17 The contributions indicated in this Article 10 shall be paid to the Employer's Group
Health and Welfare Plan.
10.18 Any cost of any premium for any Employer-offered employee or family insurance
coverage in excess of the dollar amounts stated in this Article 10 shall be paid by the
employee.
•
14
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Article X - Insurance (continued)
•
10.19 It is the intent of the Employer to initiate during the term of this Agreement a plan for
medical and child care expense accounts to be available to employees in this bargaining
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.
•
,
•
15
AF�TICLE XI - WORKING OUT OF CLASSIFICATION . •
11.1 EMPLOYfR shall avoid, whenever possible, working an employee on an out-of-ciass
assignment for a prolonged period of time. Any employee working an out-of-class
assignment for a period in excess of fifteen (15) consecutive working days during a
year shall receive the rate of pay for the out-of-class assignment in a higher
classification not iater than the sixteenth (16th) day of such assignment. For purposes
of this Article, an out-of-class assignment is defined as an assignment of an employee
to perform, on a full-time basis, all of the significant duties and responsibilities of a
position different from the employee's regular position, and which is in a classification �
higher than the classification held by such employee. The rate of pay for an approved
out-of-class assignment shall be the same rate the employee would receive if such .
employee received a regular appointment to the higher classification.
•
�
•
16
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ARTICLE XII - SENIORIN
• 12.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length
of continuous, regular, and probationary service with the EMPLOYER from the date
an employee was first certified and appointed to a class title covered by this
AGREEMENT, it being further understood that seniority is confined to the current
class assignment held by an employee. In cases where two or more employees are
appointed to the same class title on the same date, the seniority shall be determined by
employee's rank on the eligible list from which certification was made.
' 12.2 Seniority shall terminate when an employee retires, resigns or is discharged.
12.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the
work force, employees will be laid off by class title within each department based on
inverse length of seniority as defined above. However, when layoff occurs in any of
the titles listed below under Column A, layoff shall be based on inverse length of total
seniority in all titles listed on the corresponding line under Column B.
The Personnel Department will identify such least senior employee in the
department reducing positions, and shall notify said employee of his/her reduction from
the department. If there are any vacancies in any of the titles under Column B on
which seniority was based, in any other District department, the Personnel
Department shall place the affected employee in such vacancy. If two or more vacant
positions are available, the Personnel Department shall decide which vacant positions
the affected employee shall fill. If no vacancy exists in such titles, then the least
• senior District employee in such titles shall be identified, and if the employee affected
by the original departmental reduction is more senior, he/she shall have the right to
claim that position and the least senior District employee in such titles shall be the
employee laid off. For the purposes of this Article, the Board of Education is not
included as a City department nor is a Board of Education employee included as a City
employee.
I mn I mn
Child Development Technician Child Development Technician,
'Special Student Attendant
Engineering Aide I Engineering Aide I, Engineering Aide II
� Engineering Aide II Engineering Aide I, Engineering Aide II
- 'Special Student Attendant Child Development Technician, 'Special Student
Attendant
•
��
Article XII - Seniority (continued)
•
12.4 In cases where there are promotional series, such as Technician I, II, III, etc., when the
number of employees in these higher titles is to be reduced, employees who have held
lower titles which are in this bargaining unit will be offered reductions to the highest of
these titles to which class seniority would keep them from being laid off, before layoffs
are made by any class title in any department.
12.5 It is understood that such employees will pick up their former seniority date in any
class of positions that they previously held. -
12.6 Recall from layoff shall be in inverse order of layoff, except that recall rights shall
expire after two years of layoff. '
•
.
•
�s
(�qa -�a�.�
ARTICLE XIII - EMPLOYEE RECORDS
• r inin unit ma durin usual workin hours, with the a roval
13.1 Any member of the ba ga g y, g 9 pp
of the supervisor, review any material placed in the employee's personnel file, after
first giving proper notice to the supervisor in custody of such file.
13.2 Any member of the bargaining unit may file a grievance or a discrimination complaint
and there shall be no retaliation by the EMPLOYER for such action.
ARTICLE XIV - BULLETIN BOARDS
14.1 The EMPLOYER shall provide reasonable bulletin space for use by the UNION in
posting notices of UNION business and activities, said bulletin board space shall not be
used by the UNION for political purposes other than UNION elections. Use of this
bulletin board is subject to approval of the department head.
ARTICLE XV - WAGES
• 15.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached
hereto. Both parties agree that the inclusion of the classifications and salary ranges in
Appendix "A"does not preclude the employer from the following:
15.11 Reorganizing
15.12 Abolishing classifications
15.13 Establishing new classifications
15.14 Regrading classifications
15.15 Reclassifying positions.
Both parties also agree that titles and grades in Appendix A refer to employees in the
positions at the date of signing of the AGREEMENT. No employee in this bargaining
unit shall suffer any reduction in salary because of a regrading or reclassification
, during the contract period in which such regrading or reclassification takes place.
15.2 Notwithstanding section 15.1, salary rates in Appendix A shall be reduced in the
- amounts necessary to equalize payment to individual HRA employees and Independent
School District No. 625 employees who receive different pension benefits.
•
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ARTICLE XVI - MAINTENANCE OF STANDARDS
•
16.1 The parties agree that all conditions of employment relating to wages, hours of work,
overtime differentials, vacations, and all other general working conditions shall be
maintained at not less than the highest minimum standard set forth in the Civil Service
Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of
Compensation at the time of the signing of this AGREEMENT, and the conditions of
employment shall be improved wherever specific provisions for improvement are made
elsewhere in this AGREEMENT.
•
�
•
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�ya-�a�/�
ARTICLE XVII - LEAVES OF ABSENCE
• �
17.1 Leave of Absence. After three months employment, an employee may make
application for a leave of absence not to exceed one year. A leave of absence shall be
granted on the basis established in the Civil Service Rules (Resolution No. 3250).
17.2 i k . 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 eligible for sick leave, the employee must report to his/her supervisor no later
than one-half hour past his/her regular scheduled starting time. The granting of sick
^ leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of
Saint PauL
17.3 Any employee who has accumulated sick leave credits as provided above shall be
granted leave with pay, for such period of time as the head of the department deems
necessary, on account of sickness or injury of the employee, quarantine established
and declared by the Bureau of Health, death of the employee's mother, father, spouse,
child, brother, sister, mother-in-law, father-in-law or other person who is a member of
the household; and may be granted leave with pay for such time as is actually
necessary for office visits to a doctor, dentist, optometrist, 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 hours sick leave.
17.4 Leave without Pav. Any employee who engages in active service in time of war or
other emergency declared by proper authority of any of the military or naval forces of
• the State or of the United States for which leave is not otherwise allowed by law shall
be entitled to leave of absence from employment without pay during such service with
right of reinstatement and subject to such conditions as are imposed by law. Such
leaves of absence as are granted under Articte XVIII shall conform to Minnesota
Statutes, Section 192, as amended from time to time and shall confer no additional
benefits other than those granted by said statute.
17.5 ,��Dutv. Any employee who is required during his/her regular working hours to
appear in court as a juror or witness except in his/her own behalf against the
Employer, shall be paid the regular pay while so engaged, provided, however, that any
fees that the employee may receive from the court for such service shall be paid to the
Employer and be deposited with the Employer Business Office. Any employee who is
scheduled to work a shift other than the normal daytime shift shall be rescheduled to
. work the normal daytime shift during such time as the employee is required to appear in
court as a juror or witness.
� 17.6 Education Leave. Leave with pay may be granted for education purposes at the option
of the Employer.
�
21
Article XVII - Leaves of Absence (continued)
•
17.7 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in
the Civil Service Rules, shall be granted one day of such leave to attend the funeral of
the employee's grandparent or grandchild.
17.8 An employee elected or appointed to a full-time paid position by the exclusive
representative may be granted a leave of absence without pay for not more than one
year for the purpose of conducting the duties of the exclusive representative.
17.9 Parental Leave:
17.9.1 Parental leave is a leave without pay or benefits which shall be granted upon '
request subject to the provisions of this section. It may be granted for
reasons of adoption or pregnancy and/or the need to provide parental care
for a child or children of the employee for an extended period of time
immediately following adoption or the conclusion of pregnancy; such period of
leave shall be no longer than one calendar year in length. Leave up to six (6)
calendar months shall be granted upon request. Leave for more than six (6)
calendar months is at the discretion of the Employer.
17.9.2 In the case of pregnancy, an employee who wishes to use a period of (paid)
earned sick leave at the time of pregnancy and delivery-related disability,
may request unpaid parental leave for a period following the use of earned
sick leave; however, sick leave time shall not be granted within (during the •
course of) a period of unpaid parental leave. The employee requesting such
sequential leave shall submit an application in writing #o the Director of
Personnel of Independent School District No. 625 not later than 12 weeks in
advance of the anticipated date of delivery. The employee will be required to
submit, at the time of use, appropriate medical verification for the sick leave
time claimed.
17.9.3 In the case of adoption, the employee shall submit a written application to the
Director of Personnel, of Independent School District No. 625 including the
anticipated date of placement of the child, at least twelve (12) weeks in
advance of the anticipated date of placement, or earlier if possible.
Documentation will be required.
17.9.4 When an employee is returning from parental leave extending over a period of ,
six (6) calendar months or less, the employee shall be placed, at the
beginning of the first pay period following the scheduled date of return, in the
same position held prior to the leave or, if necessary, in an equivalent -
position.
�
22
���a io�-�
Article XVII - Leaves of Absence (continued)
•
17.9.5 When an employee has requested and been granted leave for a period longer
than six (6) calendar months, but no more than twelve (12) calendar months,
the employee will be placed in an equivalent position after the scheduled date
of return as soon as an equivalent vacancy becomes available. For
purposes of this provision, an equivalent vacancy is a position in the same
title which exists, has no certified incumbent, which is to be filled, and for
which no other person has rights.
•
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•
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ARTICLE XVIII - MILITARY LEAVE OF ABSENCE
•
18.1 Pay Allowance. Any employee who shall be a member of the National Guard, the
Naval Militia or any other component of the militia of the state, now or hereafter
organized or constituted under state or federal law, or who shall be a member of the
Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine
Corps Reserve or any other reserve component of the military or naval force of the
United States, now or hereafter organized or constituted under federal law, shall be
entitled to leave of absence from employment without loss of pay, seniority status, _
efficiency rating, vacation, sick leave or other benefits for all the time when such
employee is engaged with such organization or component in training or active service
ordered or authorized by proper authority pursuant to law, whether for state or federal -
purposes, provided that such leave shall not exceed a total of fifteen (15) days in any
calendar year and further provided that such leave shalt be allowed only in case the
required military or naval service is satisfactorily performed, which shall be presumed
unless the contrary is established. Such leave shall not be allowed unless the employee
(1) returns to his position immediately upon being relieved from such military or naval
service and not later than the expiration of time herein limited for such leave, or (2) is
prevented from so returning by physical or mental disability or other cause not due to
such employee's own fault, or (3) is required by proper authority to continue in such
military or naval service beyond the time herein limited for such leave.
ARTICLE XIX - MANAGEMENT RI •
GHTS
19.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. All rights and authority which the EMPLOYER has not officially abridged,
delegated or modified by this Agreement are retained by the EMPLOYER.
19.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limited to, such areas of discretion or
policy as the functions and programs of the EMPLOYER, its overall budget, utilization
of technology, and organiiational structure and selection and direction and number of
personneL �
,
•
24
l%1� Jro"�0��
ARTICLE XX - DISCIPLINE
• 20.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the
form of:
20.11 Oral reprimand,
20.12 Written reprimand;
20.13 Suspension;
20.14 Reduction;
20.15 Discharge.
20.2 Any written reprimand made conceming any member of this bargaining unit which is
. filed with the Personnel Office or within any EMPLOYER department, shall be shown
to the member before it is placed on file. Before the reprimand is placed on file, the
EMPLOYER shall request from the employee an acknowledgment, in writing, that the
reprimand has been read by said employee.
20.3 Suspensions, reductions, and discharges will be in written form.
20.4 Employees and the UNION will receive copies of written reprimands and notices of
suspension and discharge.
20.5 Employees may examine all information in their EMPLOYER personnel files that
concerns work evaluations, commendations and/or disciplinary actions. Files may be
examined at reasonable times under the direct supervision of the EMPLOYER.
• 20.6 Discharges will be preceded by a five- (5) day preliminary suspension without pay.
During said period, the employee and/or UNION may request and shall be entitled to a
meeting with the EMPLOYER representative who initiated the suspension with intent
to discharge. During said five- (5) day period, the EMPLOYER may affirm the
suspension and discharge in accordance with the Civil Service Rules or may modify or
withdraw same.
20.7 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a UNION representative be present.
20.8 A grievance relating to this Article shall be processed in accordance with existing Civil
Service procedures or at the option of the employee may be taken up in the grievance
� procedure under Article VI. If an issue is determined by the grievance procedure, it
shall not again be submitted for arbitration under the Civil Service Rules. If an issue is
determined by the provisions of the Civil Service Rules, it shall not again be submitted
� for arbitration under the grievance procedure.
•
25
, ` - •
ARTICLE XXI - VACANCIES
•
21.1 The Personnel Office will inform all departments that the department's timekeeper
shall post notices of all job vacancies in their department at least five days before
submitting a requisition to the Personnel Office.
ARTICLE XXII - LEGAL SERVICES
.
22.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
EMPLOYER shall defend, save harmless and indemnify employee against any tort -
claim or demand, whether groundless or otherwise, arising out of alleged acts or
omission occurring in the performance or scope of the employee's duties.
22.2 Notwithstanding 22.1, the Employer shall not be responsible for paying any legal service
fee or for providing any legal service arising from any legal action where the employee
is the plaintiff.
ARTICLE XXIII - NO STRIKE, NO LOCKOUT
23.1 Neither the Union, its officers or agents, nor any of the employees covered by this �
Agreement will engage in, encourage, sanction or support any strike, or the withholding
in whole or in part of the full performance of their duties during the life of this
Agreement, except as specifically allowed by the Public Employment Labor Relations
Act. In the event of a violation of this Article, the Employer will warn employees of the
consequences of their action and shall instruct them to immediately return to their
normal duties. Any employee who fails to return to his/her full duties within twenty-
four (24) hours of such warning may be subject to the penalties provided in the Public
Employment Labor Relations Act.
23.2 No lockout, or refusal to allow employees to perform available work, shall be instituted
by the Employer and/or its appointing authorities during the life of this Agreement.
•
•
2s
���e—�a�-Z
ARTICLE XXIV - SEVERANCE PAY
•
24.1 The Employer shall provide a severance pay program as set forth in this Article.
24.2 To be eligible for the severance pay program, an employee must meet the following
requirements:
24.2.1 The employee must be 58 years of age or older or must be eligible for pension
under the"rule of 85" or the "rule of 90"provisions of the Public Employees
_ Retirement Association (PERA). The "rule of 85" or the "rule of 90" criteria
shall also apply to employees covered by a public pension plan other than
PERA.
24.2.2 The employee must be voluntarily separated from School District
employment or have been subject to separation by layoff or compulsory
retirement. Those employees who are discharged for cause, misconduct,
inefficiency, incompetency or any other disciplinary reason are not eligible for
this severance pay program.
24.2.3 The employee must have at least ten (10) years of consecutive service
under the classified or unclassified Civil Service at the time of separation.
For the purpose of this Article, employment in either the City of Saint Paul
or in Independent School District No.625 may be used in meeting this ten- (10)
year service requirement.
• 24.2.4 The employee must file a waiver of re-employment with the Director of
Personnel, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
24.2.5 The employee must have accumulated a minimum of sixty (60) days of sick
leave credits at the time of his/her separation from service. �
24.3 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 of the daily rate of pay for the position held by the employee on the
date of separation for each day of accrued sick leave subject to a maximum of 200
accrued sick leave days.
�
24.4 The maximum amount of money that any employee may obtain through this severance
pay program is$6,500.
•
27
Article XXIV - Severance Pay (continued)
•
24.5 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.
24.6 For the purpose of this severance pay program, a transfer from Independent School
District No. 625 employment to City of Saint Paul employment is not considered a _
separation of employment, and such transferee shall not be eligible for this severance
program.
24.7 The manner of payment of such severance pay shall be made in accordance with the
provisions of the School District Severance Pay Plan already in existence.
24.8 This severance pay program shall be subject to and governed by the provisions of the
original School District Severance Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this Article conflict with said
Severance Pay Plan and in such cases, the provisions of the Article shall controL
24.9 The provisions of this Article shall be effective as of January 1, 1984.
24.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting
the qualifications of this Article or the original School District Basic Severance Pay •
Plan (which allows $4,000 maximum payment), draw severance pay. However, an
election by the employee to draw severance pay under either this Article or the basic
School District Severance Pay Plan shall constitute a bar to receiving severance pay
frorn the other. Any employee hired after December 31, 1983 shall be entitled only to
the benefits of this Article upon meeting the qualifications herein.
24.11 An employee of Independent School District No. 625 shall not be eligible for the
severance pay provision of this Article if such employee is also eligible and a recipient
of Early Retirement Incentive payment under the Memorandum of Agreement with the
exclusive representative dated October 14, 1983.
�
•
28
���'��y�
• Article XXV - TEMPORARY EMPLOYEES
25.1 It is recognized that temporary employees are within the unit covered by this
AGREEMENT, however, except as specifically provided by this AGREEMENT,
temporary employees shall not have or acquire any rights or benefits other than
specifically provided by the provisions of the Civil Service Rules and/or the Saint Paul
Salary Plan and Rates of Compensation.
ARTICLE XXVI - NON-DISCRIMINATION
26.1 The terms and conditions of this AGREEMENT will be applied to employees equally
without regard to or discrimination for or against any individual because of race, color,
creed,sex,age or because of inembership or non-membership in the UNION.
26.2 Employees wilf perform their duties and responsibilities in a non-discriminatory manner
as such duties and responsibilities involve other employees and the general public.
•
�
•
29
•
•
I
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30
�yo -�o��'
• ARTICLE XXVII - TERMS OF AGREEMENT
27.1 �omnle, te Aqreement and Waiver of Bar�ainin9. This AGREEMENT shall represent
fhe complete AGREEMENT between the UNfON and the EMPLOYER. The parties
acknowledge that during the negotiations which resulted in this AGREEMENT, each
had the unlimited right and opportunity to make requests and proposals with respect to
any subject or matter not removed by law from the area of collective bargaining, and
that the complete understandings and agreements arrived at by the parties after the
exercise of that right and opportunity are set forth in this AGREEMENT. Therefore,
' the EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily
and unqualifiedly waives the right, and each agrees that the other shall not be obligated
� to bargain collectively with respect to any subject or matter referred to or covered in
this AGREEMENT.
27.2 Savin9 Clause. This AGREEMENT is subject to the laws of the United States, the
State of Minnesota, and the City of Saint Paul. In the event any provision of this
AGREEMENT shall hold to be contrary to law by a court of competent jurisdiction
from whose final judgment or decrees no appeal has been taken within the time
provided, such provision shall be voided. Atl other provisions shall continue in full force
and effect.
27.3 Term of A�reement. This AGREEMENT shall be in full force and effect from January
1, 1990, through December 31, 1991, and shall automatically be renewed from year to
year thereafter unless either party shall notify the other in writing by June 1 that it
• desires to modify or terminate this AGREEMENT. I�witness thereof, the parties have
caused this AGREEMENT to be executed this�day of February, 1990.
27.4 This constitutes a tentative AGREEMENT between the parties which will be
recommended by the School Board Negotiator, but is subject to the approval of the
School Board and is also subject to ratification by the UNION.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT N0. 625 LOCAL UNION 1842, DISTRICT COUNCIL
14 of the AMERICAN FEDERATION OF
STATE, COUNTY, AND MUNICIPAL
�
- EMPLOYEES, AFL-CIO
�
. B BY:
Negoti ions/Labor Relations nager B 'ness pr entati
BY: V ` '�--c k BY:�.3-�. �
Chair, Board of
c.:%ac.cc,��.,�r c�.� ( "�irr. �
•
31
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1 � 90- 1991
LABOR AGREEMENT
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between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
• and
SAINT PAUL PUBLIC SCHOOLS
CLASSIFIED CONFIDENTIAL
EMPLOYEES ASSOCIATION
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0 LIFELONG LEAFNING
PUBLIC SCHOOLS
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SAINT PAUL PUBLIC SCHOOLS '
Independent School District No. 625
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Board of Education:
Margo Fox - Chairperson Bill Carlson - Member
Claudia Swanson - Vice-Chairperson Becky Montgomery- Member
Bill Finney-Clerk Eleanor Weber-Member
AI Oertwig - Treasurer
Administration: •
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
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1990
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This Sdpulation is by and between Independent School District No. 625, Saint
Paul Public Schools, and Saint Paul Public Schools Classified Confidential
Employees Association, exclusive representadve for classified confidential
non-supervisory employees in the Saint Paul Public Schools.
The parties hereto stipulate as follows:
1 Article 1-Recognition of the 1990-1991 labor agreement between the
parties shall be amended to include "Professional Group" titles under
Section 1.2 of this Article.
2. The class of positions Personnel Specialist I and Personnel Specialist II
shall be added to the list of titles recognized in Article I - Recognition,
and placed within the "Professional Group" in Section 1.2 of this Article.
3. The 1990-1991 bi-weekly rate of pay for positions in the Personnel
Specialist I and Personnel Specialist II classes shall be as established in
"Appendix A (continued) Professional Group" as attached to this
stipulation.
4. The employer contributions to insurance premiums for positions
described in Article 1.2 "Professional Group" shall be as set forth in
"Article IX A- Insurance-Professional Group" attached to this stipulation.
Notwithstanding the eaceptions expressly stated in this ST�ULATION, all
benefits and other terms and condidons of employment for persons employed
in positions described in Article 1.2 "Professional Group" shall be as
established in the signed 1990-1991 Agreement between Independent School
District No. 625, Saint Paul Public Schools, and Saint Paul Public Schools
Classified Confidential Employees Association.
It is understood that this STIPULATION makes no change in the labor
agreement, except as expressly stated above, but is created for th� sole
purpose of identifying proper grade placement and employer c�ntn'butions to
insurance premiums for professional tides within the 1990-1991 Agreement.
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IIVDEPENDENT SCHOOL DLSTRICT NO. 625 SAINT PAUL PUBLIC SCHOOLS
CLASSIF�D O�NFIDENTIAL
; ENIPLOYEES ASSOQATION
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BY: BY: � • ��
N go ' tions/i,abor Relati Manager Pres' nt
DATE: 3 � � — � � DATE: 3-�b-9 0
PEB:Im
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Attachment: ARTICLE IX A - INSURANCE-PROFESSIONAL GROUP
9A.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for '
emploYees such health and life insurance premium con�ibutions as are provided by
EMPLOYER at the time of execution of this AGREEMENT.
9A.2 The EMPLOYER will for the period of this AGREEMENT coMribute br full-time I
employees who retire after December 31, 1987 and who select a health insurance plan '
� provided by the EMPLOYER and until such retirees reach sixty-five �65) years of age, ,
the cost of such retiree coverage or $106.32per month whicfiever is fess. For such
retirees selecti family coverage the EMPLOYER will rovide the cost of such �
Contributions Or�318.41 per month, whichever is less. �.Rrovision shall not be
s�nlic-�ble for em�loyees apQQinted after Januarv 1. 1990.
9A.2.1 For full-time employeesappointed after January 1. 1990, to a title in this '
bargaining unit, the Employer will, for the penod of this AGREEMENT,
• provide for such employees who retire after the execution of this
AGREEMENT, and who select a health insurance plan provided by the �
EMPLOYER, and until such retirees reach sixty-five (65) years of age,
health insurance premium contributions up to the dollar amount Qer month '
provided by the EMPLOYER in the last month of active serv�ce of the ;
employees.
9A.3 The EMPLOYER wi(I for the Period of this AGREEMENT provide for half-time
� employees who retire after the time of execution of this AGREEMENT and until such
employees reach sixty-five (65) years of age fifty percent (50%) of such health
insurance contributions and life insurance contn6ut�ons as are provided by the
EMPLOYER for full-time employees who retire under this AGREEMENT. ,
9A.4 Employees �rho retire after the execution of this AGREEMENT must meet the i
following conditions at the time of retirement to be eligible for the District contributions
m health insurance set forth in Article 9A2 and 9A.3. '
9A.4.1 Be receiving benefits from a public employee retirement act at the time of
retirement.
AND
9A.4.2 Have severed the employment relationship with Independent School District
No.625 under one of tl�e early retiree plans.
9A.5 Effective January 1, 1989 in addition to meeting the eligibility requirements stated in
9A.4.1 and 9A.4.2 above, retiring employees must also meet the followin� condition in
order to be eligible for the early retiree insurance benefits set forth in ArUcle 9A.2 and
9�A.3.
9A.5.1 Must be at least 58 years of age and have com�leted 25 years of
employment with IndependeM School District No. 625/C�ty of Saint Paul '
OR
The combination of their age and their years of service must equal eighty-
frve (85) or more.
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Must have completed at least thirty (30) years of service.
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� Article IX A- insurance (continued)
9A.6 Effective January 1, 1989, full-time empioyees who retire and who meet the conditions
set forth in 9A.4.1 and 9A.4.2 but who meet none of fhe conditions set forth in 9A.5.1, ;
shall be eligible for the following percentages of the amount contributed by the
EMPLOYER toward health insurance for active employees in the same health plan. '
Such retirees shall be eligible for such contribution until they reach sixtyfive (65) years
of age.
Combination of Age Con�ibution for Contribution for I
aad Years of Service �i�le Coveraae Fami(y Covera� ;
84 90% 90°�
83 80% 80%
82 70% 70%
81 60% 60% ,
80 50°� 50%
9A.7 For employees hired prior to January 1, 1982 who retire at age sixty five (65) or older,
the EMPLOYER will provide health insurance premium contributions toward emplo ee
health insurance plans as are provided for by the EMPLOYER for retirees sixty five �65) �
years of age or older as approved by Board of Education action.
9A.8 For employees hired on or after January 1, 1982 who retire at the age of 65 or older or '
� for early retirees upon reachinQ age 65, and who have completed at least twenty (20)
years of service with the Distr�cUCity at the time of their ret�rement, the EMPLOYER
w�ll provide health insurance premium contributions toward employee health insurance
plans as are provided by the EMPLOYER for retirees 65 years of a�e or older as
a�roved by Board of Education action. For such employees or early reUrees who have '
not completed at least twenty (20) years of service w�th the District/City at the bme of �
their retirement, the EMPLOYER will discontinue providing any health insurance �
contributions upon their retirement or in the case of early retirees upon reaching age 65.
For purpose of this article, employment in either the C�ty of Saint Paul or Independent ,
School Distr�ct No. 625 may be counted in meeting the twenty (20) year reqwrement,
except for service prior to a resignation. '
9A.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a
District/City retiree or District/City employee and eligible for and is enrolled in the
DistricUCity heafth insurance program.
9A.10 For each eligible employee covered by this AGREEMENT who is employed full-time and
who selects employee insurance coverage, the EMPLOYER agrees t�contribute the cost �
of such coverage or$85 per month,whichever is less. For each full-time employee who
selects family coverage, the EMPLOYER will contribute the cost of such family
. coverage or$195 per month,whichever is less.
9A.10.1 Effective February 1, 1990 the contribufion limits specified in Secbion 9A.10
ebove are amended to a maximum contribution of s105 per month for �
employee covsrage, or a maximum con�ibution of 5215 per month for
tamily coverage.
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"� Articie IX A- Insurance (continued)
9A.10.2 Effective January 1, 1991 the contribution limits specified in Section 9A.10
above are amended to a maximum contribution of st 12 per month for
employee coverage, or a maximum contribution of s222 per month for
ismily coverage.
9A.11 For the purpose of this Article 9A, fuli-bme employment is defined as appearing on the
payroll at least 32 hours per wesk or at least 64 hours per pay penod excluding
overUme hours. Haif-time employment is defined as appearing on the payroli at least
20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours
per pay period excluding overtime hours.
9A.12 For each eligible employee covered by this AGREEMENT who is employed half-time
who selects employee insurance coverage, the EMPLOYER agrees to contribute fifty
percent (50°k) of the amount contributed for full-time employees selecting employee
coverage in the same insurance plan. For each half•time employee who selects family
insurance coverage, the EMPLOYER will con�ibute fifty percent (50%) of the amount
contributed for full-time employees selecting family coverage in the same insurance
P�•
9A.13 The District a�rees to contribute the cost of life insurance. The amount of life
insurance prov�ded under this Article 9A.13 shall be equal to the emptoyee's annual
salary to the nearest full thousand dollars. This amount of life insurance shall be
. reduced to$5,000 upon retirement and shall con�nue until the early retiree reaches age
65, at which time all employer paid life insurance shall be terminated. For the purpose
of this Article 9A.13, the employee's annual salary shall be based on the salary as of
the first day of the first payroll period in each fiscal year of this AGREEMENT.
9A.14 The contributions indicated in this Article 9A shall be paid to the EMPLOYER'S group
health and welfare plan.
9A.15 Any cost of any premium for any District-offered employee or family insurance
ooverage in excess of the dollar amounis stated in this Article 9A shall be paid by the
employee.
9A.16 It is the intent of the EMPLOYER to initiate during the term of this AGREEMENT a
n for medical and child care expense aocounts to be available to employees in this
rgaining 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.
9A.16 �he provisions of this Article IX A- INSURANCE-PROFESSIONAL GROUP apply onty
m employees working under the titles listed under the heading of"Professional Group"
in Article 1.2.
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ARTICLE TITLE PAGE
Pne�rr�ie......._...._..__.._______________..__.________�________�_..r....__�__.. v
IReoo�nition......__.._._�______....____.______........___.._.__...._____..�....�._____.._. 1
1 Check Off.............___..._w_..____�.....__.........�........_.__......._...___......._._. 2
pHours of Work....__.._____._..__�.___m_....__.._�.....�_�...._______....... 3
IVWork Breaks......_.._..__.�.__�___�.._._______.._�.......�._..____.�__.�....... 5
'� V F�o�ys..........................._._.._................_.........._.____......__....__.........._._....__......... 6
VI Employee Rights--Grievance Procedure�__.____.....�....._��.w.__.._._.... 7
~ VII Mileage--Independent School District No.625._._._..�._____�.__. 10
. ......
VIIIVacati on......_.......�.........._._._.�.�..__......_�.____._....._._�._..._.___._._..��......... 11
D( Ir�urar�oe........................_...._........__..��...._�_�_____�_..______..__.___........_......... 12
XWaldng Out of Cla�sifir,ation..................................................................
............. 16
� Employee Records........__.......�.�..�.�...._____.............._.�..�..��.__._._........... 16
�I Bullebn Boards........_.._�.�......._.�.__.._�..�._...�..�..__._�.�.._._.....�._..__........ 16
XBIWages.....................�......................._�._....�.....�...�...........�.....__..........�...._....�......... 17
XIV Maintieriance of Sta�rds..................................................................................... 17
� X V l.eav�.s of Absenoe..........._................._................_...._..........._....._...._....�............ 18
XVI Military Leave of Absc�noe..................................................................................... 20
XVIIManac�ement RigMs......_..............._.._.._......._.._.._..._.._.._.._.._......._.._......._.:_... 20
XVIIISeniority..........._......................_.....__.___....._.__....._._...___.__.__».__._.._..._.��...... 21
XIX Discipfine..............................__���__ .. 23
�( Legal Servioes................_.....................�_....�.........�.........._��._.....N..»__-.................. 24
� .......... 25
Severance Pay.............�......_.._.._.._..._.._.._.._.._..�.._..._......_.._.._.._.._..._.
,� XXII No Str�c�e,No Lncka�........................_.............................................._..................... 27
XXIII �br►�Saimir�ation.._.._................_.»..�.._._.._._......_._.._._..�.._._.._._..................... 27
XXIV Tertns of Agreement...._............................................_....................._..................... 29
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Appendixes...._..__.__�.__...._...___.__________�.___�.�.�... A-1/A-4
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This Agreement entered into by Independent School District No. 625, hereinafter referred
� to as the Employer, and the Saint Paul Public Schoois Ciassified Confidential Employees
Assxiation, hereinafter referred to as the Association, has as its purpose the promotion of
harmonious relations between the Employer and the Association, the establishment of an
equitable and peaceful procedure for the resolution of differences, and the establishment of rates j
of pay, hours of work,and other conditions of employment.
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ARTICLE I - RECOGNITION
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1.1 The Employer recognizes the Association as the sole and exclusive bargaining agent for
the purpose of estabiishing salaries, wages, hours, and other conditions of employment
for all of its employees as ou�ined in the certification by the State of Minnesota Bureau �
of Mediation Services, dated December 1, 1987, in Case No. 88-PR-160, and set forth in �
Section 12 below.
1.2 The bargaining unit covered by this Agreement shall consist of the following:
All classified confidential employees of Independent School District No. 625, Saint
Paul, Minnesota,who are employed by Independent School Dis�ict No. 625, Saint
_ Paul, Minnesota, and who are public employees within the meaning of M.S. '
179A.03, Subd. 14 in the classifications of:
. �lerical and Technical Grouns I
Clerk I Pers�nnel Clerk- Board of Education '
Clerk II Personnel Technician -Board of Education
Clerk III �
Clerk IV Secretary
Clerical Supervisor ;
Trainee (Clerical)
Clerk-Typist I
� Clerk-Typist II �
Clerk-Typist III
Clerk-Stenographer I
Clerk-Stenographer II
Clerk-Stenographer III ,
1.3 Any present or future employee who is not an Association member shall be required to
contribute a fair share fee for services rendered by the Association and, upon '
notification by the Association, the Employer shall check off said fee from the earnings
of the employee and transmit the same to the Association In no instance shall the ;
" required contribution exceed a pro rata share of the specific expenses incurred for
services rendered by the representa�ve in relabonship to negotiations and administration
of grievance procedures. This provision shall remain operative only so long as '
� specifically provided by Minnesota law,and as othenNise legal.
1.4 The Association agrees to indemnify and hold the Employer harmless against any and all I
claims, suits, orders or judgments brought or issued against the Employer as a result of
any action taken or not taken by the Employer under the provisions of this Article, '
Section 1.3.
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ARTICLE II - CHECK OFF �
2.1 The Employer agrees to deduct the Association membership initiation fee assessments
and once each month dues from the pay of those employees 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 Association and the aggregate deductions of all
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 as is possible.
2.2 The Association agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a result of
any action taken or not taken by the Employer under the provisions of this Article. �
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� ARTICLE III - HOURS OF WORK
3.1 The normal work day shall be seven and three-fourths (7-3/4) consecutive hours per
, �y, excluding a forty-five- (45) minute lunch period, fifteen (15) minutes of which shall ;
P�•
3.2 The normal work week shall be five (5) consecutive normal work days in any seven- (7) ,
day period. ,
3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight
and three-fourths (38-3/4) hours per week.
� 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per '
normal work day or per normal work week.
� 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be
"overtime work"and shall be done only by order of the head of the department.
3.6 Employees in this bargaining unit working under a title listed under the heading "Clerical
and Technical Group" in Article 1.2 shall be recompensed for work done in excess of the
normal hours established above in this Article by being granted compensatory time on a �
time and one-half basis or by being paid on a time and one•half basis for such overtime
work. The overtime rate of one and one-half shall be computed on the basis of I/80th of
the biweekly rate. �
� 3.7 Employees working in a title listed under the heading "Professional Group" in Article 1.2 �
who work more than seven and three-fourths (7-3/4} hours in any 24-hour. period or
more than thirty-eight and three-fourths (38-3/4) hours in any 7-day period shall not
receive pay for such additional work except as in 3.8 below. �
3.8 It is understood by the parties that Section 28.H - OVERTIME of Resolution No. 3250
shall not apply to employees in the bargaining unit working under a title listed under the �
heading "Professional Group"in Article 1.2. In unusual circumstances,a department head
- may grant these employees who work more than seven and three-fourths (7-3/4) hours '
in any twentyfour- (24) hour period or more than thirty-eight and three-fourths (38-3/4) '
hours in any particular 7-day period compensatory time or pay on a straight-time basis
- for the extra hours worked. �
3.9 Normal work schedules showing the employee's shift, work days, and hours shall be
posted on all department bulletin boards at all times. It is also understood that deviation
from posted work schedules shall be permissible due to emergencies, acts of God, and �
overtime may be required. �
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Article III •Hours of Work (continued) •
3.10 11= . When an employee is called to work, helshe shali receive two hours' pay if
� not put to work. If he is called to work and commences work, he/she shail be guaranteed
� four hours' pay. These provisions, however, shall not be effective when work is unable
to proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to employees employed under any of the titles listed in Section
3.B of the Civil Service Rules under the heading "Special Employments", nor to any
person whose regularly-scheduled work day is less tha.n four hours.
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. ARTICLE IV - WORK BREAKS i
4.1 g� ri . All employees'work schedules shall provide for a fifteen-minute rest period
during each one-half shift. The rest period shall be scheduled by management at !
approximately the middle of each one-half shift whenever it is feasible.
4.2 If an employee is scheduled to work a full half-shift bey�nd the regular quitting time, the
employee shall be entitled to the rest period that occurs during said half-shift. !
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ARTICLE V - HOLIDAYS �
5.1 �,Qlid�1(S L�jZ��d�pl�d. The foliowing days shall be recognized and observed
as paid holidays:
New Year's Day Labor Day
Martin Luther King Day Columbus Day
Presidents' Day Veterans' Day
Memorial Day Thanksgiving Day
Independenoe Day Christmas Day
Two floating holidays.
Eligible employees shall receive pay for each of the holidays listed above, on which they _
perform no work. Whenever any of the holidays listed above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For
those employees assigned to a work wesk other than Monday through Friday, the holiday
shall be observed on the calendar date of the holiday.
5.2 The floating holidays set forth in Subd. 5.1 above may be taken at any time during the
contract year, subject to approval of the department head of any employee.
5.3 EIi9,1bi1itv Requirements. In order to be eligible for a holiday with pay,an employee's name �
must appear on the payroll on any six working days of the nine working days preceding
the holiday, or an employee's name must appear on the payroll the last working day
before the holiday and on three other working days of the nine working days preceding
the holiday. In neither case shall the holiday be counted as a working day for the
purposes of this section. It is further understood that neither temporary nor other
employees not heretofore eligible shall receive holiday pay.
5.4 Notwithstanding Subd. 5.3, effective April 1, 1984, a temporary employee shall be eligible
for holiday pay only after such employee has been employed as a temporary employee �
for sixty-seven (67) consecutive work days. No temporary employee shall be eligible for
any floating holidays.
5.5 In the case of Board of Education employees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day falls on a day when school is in session, the
employee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day on which school is not in session and
shall be determined by agreement between the employee and the supenrisor.
5.6 Notwithstanding Article 5.1 and 5.5 above, the Employer may at any time during the life
of this Agreement designate the day after Thanksgiving as a paid holiday. In the event
of such designation, either Martin Luther King day, Presidents' Day, Columbus Day, or
Veterans' Day shall be deleted from the paid holidays list as set forth in Article 5.1.
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� ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
6.1 The Employer shall recognize stewards selected in accordance with Assxiation rules �
and regulations as the grievance representatives of the bargaining unit. The Association
� shall notify the Employer in writing of the names of the stewards and of their successors �
when so named. �
6.2 It is recognized and accepted by the Employer and the Association that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when consistent
with such employee duties and responsibilities. The steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed during working hours, i
� provided the steward and the employee have notified and received the approval of the
supervisor to be absent to process a grievance and that such absence would not be �
, detrimental to the work programs of the Employer.
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6.3 The procedure established by this Article shall be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article XIX for the processing i
of grievances, which are defined as an alleged violation of the terms and conditions of
this Agreement. !
6.4 Grievances shall be resolved in conformance with the following procedure: i
�t. Upon the occurrence of an alleged violation of this Agreement, the j
� employee involved with or without the steward shall attempt to resolve the
matter on an informal basis with the employee's supervisor. If the matter is �
not resolved to the employee's satisfaction by the informal discussion, it may
be reduced to writing and referred to Step 2 by the Association. The written �
grievance shall set forth the nature of the grievance, the facts on which it is i
based, the alleged section(s) of the Agreement violated, and the relief
requested. Any alleged violation of the Agreement not reduced to writing by
the Association within seven (7) work days of the first occurrence of the �
event giving rise to the grievance shall be considered waived. i
Steu 2. Within seven (7) work days after receiving the written grievance, a �
designated Employer supervisor shall meet with the Association steward and
' attempt to resolve the grievance. If,as a result of this meeting, the grievance �
remains unresolved, the Employer shall reply in writing to the Association
within three (3) work days following this meeting. The Association may refer �
the grievance in writing to Step 3 within seven (� work days following receipt
of the Employer�s written answer. Any grievance not referred in writing by the i
Association within seven (7) work days following receipt of the Employer's
answer shall be considered waived. i
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Article VI - Empioyee Rights-Grievance Prxedure (continued) �
Sten 3. Within seven (7) work days following receipt of a grievance referred from Step
2, a designated Employer supervisor shall meet with the Association Business
Manager or the designated representative, the employee,and the steward, and
attempt to resolve the grievance. Within seven (7� work days following this
meeting, the Employer shall reply in writing to the Association, stating the
Employer's answer concerning the grievance. If, as a result of the written
response, the grievance remains unresolved, the Association may refer the
grievance to Step 4. Any grievance not referred in writing by the Association
to Step 4 within seven (7) work days following receipt of the Employer's
answer shall be considered waived.
,$�g�4. If the grievance remains unresolved, the Association may within seven (7)
work days after the response of the Employer in Step 3, by written notice to .
the Employer request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual agreement of the
Employer and the Association within seven (7) work days after notice has
been given. If the parties fail to mutually agree upon an arbitrator within the
said seven (7) day period, either party may request the Public Employment
Relations Board to submit a panel of five (5) arbitrators. Both the Employer
and the Association shall have the right to strike two (2) names from the
panel. The Association shall strike the first (1 st) name; the Employer shall
then strike one (1) name. The process will be repeated and the remaining �
person shall be the arbitrator.
6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Association and shall have no
authority to make a decision on any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or varying
in any way the apptication of laws, rules or regutations having the force and effect of
law. The arbitrator's decision shall be submitted in writing within thirty (30) days
following close of the hearing or the submission of briefs by the parties, whichever be �
later, unless the parties agree to an extension. The decision shall be based solely on the
arbitrator's interpretation or application of the express terms of this Agreement and to
the facts of the grievance presented. The decision of the arbitrator shall be final and '
binding on the Employer,the Associafion,and the employees.
6.6 The fees and expenses for the arbitrator's services and prxeedings shall be borne
equally by the Employer and the Association, provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the prxeedings, it may cause such a record to be made,
providing it pays for the record.
6.7 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Association.
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� Article VI - Employee Rights-Grievance Prxedure (continued)
6.8 It is understood by the Assxiation and the�Employer that if an issue is determined by �
this grievance procedure, it shall not again be submitted for determination in another �
forum. If an issue is determined by any other forum, it shall not again be submitted for '
arbitration under this grievance procedure. This provision is not intended to abrogate '
rights secured under state of federal statutes. '
6.8.1 Notwithstanding that portion of Article 24.2 referring to laws of the City of '
Saint Paul, no issue regarding actions taken under this Agreement shall be '
submitted to the Civil Service Commission, except as permitted in Article 19.8, '
- for persons covered by veterans preference. '
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ARTICLE VII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 �
7.1 Employees of the School Dis�ict under policy adopted by the Board of Education may be
� reimbursed for the use of their automobiles for school business. To be eligible for such
� reimbursement, employees must receive authorization from the District Mileage
Committee ufilizing the following plan:
M M' effective with the adoption of this Agreement, is reimbursed at the rate of
23¢per mile. In addition, a maximum amount which can be paid per month is established
by an estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the experience of .
another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip made. -
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� ARTICLE VIII - VACATION
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8.1 Each full-time employee working under a title listed under the heading "Clerical and
Technical Group" in Article 1.2 shall accumulate vacation credits at the rates shown �
below for each full hour on the payroll, excluding overtime:
Years of Service Hours of Vacation I
1st year through 4th year ,p385 ��
5th year through 9th year .0577 �
_ 10th year through 15th year .0654
16th year through 23rd year .0606 i
24th year and thereafter .1000
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8.2 Each full-time employee working under a title listed under the heading Professional
Group" in Article 1.2 shall accumulate vacation at the rates shown below for each full i
hour on the payroll, excluding overtime:
Years of Service �urs of Vacation '
1st year through 8th year .Q5T! �
• 9th year through 15th year .0777 i
16th year and thereafter .096,2
8.3 The head of the department may�permit an employee to carry over into the "vacation I
year", up to eighty (80) hours of vacation. �
For the purpose of this Article, the "vacation year" shall be the fiscal year (IRS payroll
reporting year). I
8.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and j
Rates of Compensation, Section I,Subd. H. '
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ARTICLE IX - INSURANCE
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9.1 The Employer will continue for the period of this Agreement to provide for employees
such health and life insurance benefits as are provided by Employer at the time of
execution of this Agreement.
9.2 The Employer will for the period of this Agreement provide for full-time emnloyees who
retire after the time of execution of this Agreement and until such em�loyees reach
six -five (65) years of aae, such health insurance benefits and life insurance benefits as
are provided by the Employer for active employees under this Agreement.
9.3 The Employer will for the period of this Agreement provide for half-time emofoyees who
retire after the time of execution of this Agreement and �ntil such emoloyees reach _
six -five (65)..,years of aae fifty per cent (50%) of such health insurance contributions
and life insurance contributions as are provided by the Employer for full-time employees
who retire under this Agreement. .
9.4 Notwithstanding Article 9.2, the Employer will for the period of this Agreement contribute
for full - time em�loyees who retire after December 31, 1985 and who select the
Physici���ealtfi p�-COMBO provided by the Employer and until such retirees reach
six -five�65) years of aqe, the cost of such retiree coverage or $125.00 per month,
whichever is less.
• For such retirees selecting family coverage, the Employer will contribute the cost
of such family coverage or$284.12 per month,whichever is less.
For half-time emo^yees who retire after December 31, 1985 and who select the �
i i n Health PJ�n-COMBO provided by the Employer and until such retirees reach
�j�,�y-five (65�.years of aae, the Employer will contribute fifty per cent (50°70) of such
health insurance contributions as are provided by this Article 9.4 for full-time employees
who retire.
This provision 9.4 is not applicable for employees appointed after January 1, 1990.
9.5 nloyees who retire after execution of this Aqreement must meet the following -
conditions at the time of retirement to be eligible for the Employer contributions to health
insurance set forth in Article 9.2,9.3, and 9.4:
9.5.1 Be receiving benefits from a public employee retiree act at the time of
retirement
AND
9.5.2 Have severed the employment relationship with IndependeM School Dis�ict No.
625 under one of the early retiree plans.
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Article IX- Insurance continued I�
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9.6 Effective January 1. 1987, in addition to meeting the eligibility requirements stated in 9.5.1 '
and 9.5.2 above, r�tirina, emnloyees must also meet the followin� condition in order to be
� eligible for the early retiree insurance benefits set forth in Articles 9.2,9.3,and 9.4: '
9.6.1 Must be at least 58 years of age and have completed 25 years of employment
with Independent School Dis�ict No.625 �
OR
The combination of their age and their years of seroice must equal eighty-five �
(85) or more i
OR
- Must have completed at least thirty (30) years of service. '
9.7 Effective January 1. 1987, full-time em�loyees who retire and who meet the conditions
' set forth in 9.5.1 and 9.5.2 but who meet none of the conditions set forth in 9.6.1, shall be '
eligible for the following percentages of the amount contributed by the Employer toward ,
health insurance for active employees in the same health plan. Such retirees shall be
etigible for such contribution until they reach six -five (65)„years of aae. i
Combination of Age Contribution for Contribution for '
and Years of Service ��le Co� Fami�y Coveraoe �
84 90% gp% ,
� 83 80% 80%
82 70% 70% �
81 60% 60%
80 50% 50%. '
9.8 For em�IQyees who retire at the a9e of 65 or older or for early retirees ��on reachipg 6�, '
and who have completed at least ten years of service with the District at the time of ;
their retirement, the Employer will provide health insurance contributions toward
employee health insurance plans as are provided by the Employer for retirees 65 years of '
age or older as approved by Board of Education Resolution. ,
For such employees or early retirees who have not completed at least ten (10) years of �
service with the District at the time of their retirement, the Employer will discontinue
• providing any health insurance contributions upon their retirement or, in the case of early �
rebrees, upon their reaching age 65. ,
This subdivision 9.8 shall not apply to employees who were regularly appointed to '
City/District employment prior to June 8, 1988. Employees who were regularly appointed i
to City/District employment prior to the signing of this Agreement and subsequently
terminated shall be covered by this Agreement in the event that they are regularly i
appointed at a later date.
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Articie IX- Insurance (continued) �
9.8.1 For employees regularly appointed to a title in this unit after January 1, 1990,
who retire at the age of 65 or older or for early retirees upon reaching 65, and
who have completed at least twenty (20) years of service with the District at
the time of their retirement, the Employer will provide health insurance
contributions toward employee health insurance plans as are provided by the
Employer for retirees 65 years of age or older as approved Board of Education
Resolution.
For such employees or early retirees who have not completed at least twenty
(20) years of service with the District at the time of their retirement, the �
Employer will discontinue providing any health insurance conVibutions upon their
retirement or, in the case of early retirees, upon their reaching age 65.
• 9.9 A retiree may not carry hismer spouse as a dependent if such spouse is also a
City/Independent School District No. 625 retiree or City/lndependent School District No
625 employee and eligible for and is enrolled in the Cit�/Independent School District No.
625 health insurance program.
9.10 For each eli�ible emRjQy�g covered by this Agreement who is employed II ' and who
se�ects employee insurance coverage, the Employer agrees to corrtribute the cost of such
coverage or$120 per month,whichever is less.
For each full-time employee who selects family coverage, the Employer will contribute the i
cost of such family coverage or$220 per month, whichever is less.
9.11 For the purpose of this Article, full-time employment is defined as appearing on the
payroll at least 32 hours per week or at least 64 hours per pay period, excluding
overtime hours.
9.12 For each eliqible emRloyee covered by this Agreement who is employed im who
selects employee insurance coverage, the Employer agrees to contribute nfry per cent
(50%) of the amount contributed for full-time employees selecting employee coverage in -
the same insurance plan.
For each half-time employee who selects family insurance coverage, the Employer will '
contribute fifty per cent (50%) of the amount contributed for full-time employees
selecting family coverage in the same insurance plan.
For the purpose of this Article, half-time employment is defined as appearing on the
payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less
than 64 hours per pay period,excluding overtime hours.
9.13 Notwithstanding Article 9.12, employees covered by this Agreement and employed half
time prior to January 1, 1986 shall receive the same insurance contributions as a full-time
employee. This Article 9.13 applies only to employees who were employed half-time
during the month of December, 1985 and shall continue to apply only as long as such �
employee remains continuously employed half time.
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• Articie IX- Insurance (continued)
9.14 Effective Januanr 1. 1991 the amount of Employer's contribution toward the employee
coverage in Article 9.10 will be adjusted in dollars to reflect the cost of the highest
January 1, 1991 premium rate for employee coverage or$127.00 per month,whichever is
less.
- The Employer's contribution toward family coverage in Subd. 9.10 will be adjusted in
dollars to reflect the cost of the highest January 1, 1991 premium rate for family
coverage or$227.00 per month,whichever is less.
9.15 Employees eligible for insurance coverage may select any one of the following
- coverages: Group Health
Physicians Health Plan-COMBO.
' In the event the Employer makes available to employees a health insurance plan not
listed above, this Agreement may be reopened by mutual agreement of the Employer and
Association to add such plan to the above list in this Article 9.15.
9.16 Llfg Insurance: "
9.16.1 For each eligible employee, the Employer agrees to contribute the cost of
$5,000 of life insurance coverage.
� 9.16.2 Effective January 1. 1990, for each eligible employee, the Employer agrees to
contribute the cost of $10,000. life insurance coverage in addition to the basic
$5,000. coverage provided in 9.16.1 above; the contribution for this added
coverage shall not exceed $2.00 per month. This Subdivision expires January
31, 1990.
9.16.3 Effective Februarv 1. 199b, for each eligible employee, the Employer agrees to
contribute the cost of an additional$20,000. life insurance coverage;this brings
total life insurance coverage to $25,000., including the $5,800. basic coverage
. described in 9.16.1 above. The total premium contribution by the Employer for
all life insurance coverage shall not exceed$4.00 per month.
� 9.17 The contributions indicated in this Article 9 shall be paid to the Employer's Group Heafth
and Welfare Plan.
9.18 Any cost of any premium for any Employer-offered employee or family insurance
coverage in excess of the dollar amounts stated in this Article 9 shall be paid by the
employee.
9.19 It is the intent of the Employer to initiate during the term of this Agreement a plan for
medical and child care expense accounts to be available to employees in tfiis bargaining
unit who are eligible for Employer-paid premium contribution for health insurance for such
expenses, within the estabtished legal regulations and IRS requirements for such
� aocounts.
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ARTICLE X - WORKING OUT OF CLASSIFICATION •
10.1 Employer shall avoid, whenever possibie, 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) consecutive working days shall receive
the rate of pay for the out-of-class assignment in a higher classification not later than
the sixteenth (16th) day of such assignment. For purposes of this Article, an out•of-
class assignment is defined as an assignment of an employee to perform, on a full-time
basis, all of the significant duties and responsibilities of a position different from the
employee's regular position, and which is in a classification higher than the classification
held by such employee. The rate of pay for an approved out-of-class assignment shall be
the same rate the employee would receive if such employee received a regular
appointment to the higher classification. `
10.2 For the following classifications, the provisions of 10.1 shall not apply to performance of
the duties of the next higher classification in the job series: �
Clerk I
Clerk-Stenographer I
Clerk-Typist I.
ARTICLE XI - EMPLOYEE RECORDS
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11.1 Any member of the bargaining unit may, during usual working hours, with the approval of
the supervisor, review any material placed in the employee's personnel file, after first
giving proper nobce to the supervisor in custody of such file.
11.2 Any member of the bargaining unit may file a grievance or a discrimination complaint and
there shall be no retaliation by the Employer for such action.
ARTICLE XII - BULLETIN BOARDS
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12.1 The Employer shall provide reasonable bulletin space for use by the Association in
posting notices of Association business and activities. Said bulletin board space shall not
be used by the Association for political purposes other than Association elections. Use of
this bulletin board is subject to approval of the department head.
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! ARTICLE XIII -WAGES
13.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. j
Both parties agree that the inclusion of the classifications and salary ranges in Appendix
"A"does not preclude the employer ftom the following:
1. Reorgan¢ing
2 Abolishing classifications
3. Establishing new classifications
4. Regrading classifications
5. Reclassifying positions.
' Both parties also agree that titles and grades in Appendix A refer to employees in the
positions at the date of signing of the Agreement. N� employee in this bargaining unit ,
, shall suffer any reduction in salary because of a regrading or reclassification during the i
contract period in which such regrading or reclassification takes place.
13.2 Notwithstanding Subd. 13.1, salary rates in Appendix A shall be reduced in the amounts
necessary to equalize payment to individual HRA employees and City employees who
receive different pension benefits.
ARTICLE XIV - MAINTENANCE OF STANDARDS � �
� 14.1 The rties a ree that all conditions of em lo ment relating to wages, hours of work,
Pa 9 P Y
overtime differentials, vacations, and all other general working conditions shall be
maintained at not less than the highest minimum standard set forth in the Civil Service
Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of '
Compensation at the time of the signing of this Agreement, and the conditions of
employment shall be improved wherever specific provisions for improvement are made
elsewhere in this Agreement.
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ARTICLE XV - LEAVES OF ABSENCE �
15.1 Leave of Absence. After three months' employment, an employee may make application
for a leave of absence not to exceed one year. A leave of absence shait be granted on
the basis established in the Civil Service Rules(Resolution No. 3250).
15.2 Sicic Leave. Sick leave shall accumulate at the rate of .0576 of a wo�king hour for each
full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be
eligible for sick leave, the employee must report to his supervisor no later than one-half
hour past his regular scheduled starting time. The granting of sick leave shall be subject
to the terms and provisions of Resolution No. 3250 of the City of Saint Paul.
15.3 Any employee who has accumulated sick leave credits as provided above shall be
granted leave with pay, for such period of time as the head of the department deems
necessary, on account of sickness or injury of the employee, quarantine established and .
declared by the Bureau of Health, death of the employee's mother, father, spouse, child,
brother, sister, mother-in-law, father-in-law or other person who is a member of the
household; and may be granted leave with pay for such time as is actually necessary for
office visits to a dxtor, dentist, optometrist, etc., or in the case of sudden sickness or
disability of a member of his household, making arrangements for the care of such sick or
disabled persons up to a maximum of eight hours sick leave.
15.4 �eave without Pav. Any employee who engages in active service in time of war or other
emergency declared by proper authority of any of the military or naval forces of the �
state or of the United States for which leave is not otherwise allowed by law shall be
entitled to leave of absence from employment without pay during such service with right
of reinstatement and subject to such conditions as are imposed by law. Such leaves of
absence as are granted under Article XVI shall conform to Minnesota Statutes, Section
192, as amended from time to time and shall confer no additional benefits other than
those granted by said statute.
15.5 ,�fy..QjLUL. Any employee who is required during his regular working hours to appear in
court as a juror or witness except as a witness in his own behalf against the Employer, �
shall be paid regular pay while so engaged, provided, however, that any fees that the
employee may receive from the court for such service shalt be paid to the Employer and
be deposited with the Employer Business Office. Any employee who is scheduled to work
a shift other than the normal daytime shift shall be rescheduled to work the normal
daytime shift during such time as the employee is required to appear in court as a juror or
witness.
15.6 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in
the Civil Service Rules, shall be granted one day of such leave to attend the funeral of
�e employee's grandparent or grandchild.
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� Article XV - Leaves of Absence (continued) j
15.7 An emptoyee elected or appointed to a fuil-time paid position by the exclusive j
representative may be granted a leave of absence without pay for not more than one
year for the purpose of conducting the duties of the exclusive representative.
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� 15.8 Parental Leave:
15.8.1 Parental leave is a leave without pay or benefits which shall be granted upon I
request subject to the provisions of this section. ft may be granted for reasons
of adoption or pregnancy and/or the need to provide parental care for a child I
or children of the employee for an extended period of time immediately following
� adoption or the conclusion of pregnancy;such period of leave shall be no longer
than one calendar year in length. Leave up to six (6) calendar months shall be j
granted upon request. Leave for more than six (6) calendar months is at the
. ' discretion of the Employer.
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15.8.2 In the case of pregnancy, an employee who wishes to use a period of (paid)
eamed sick leave at the time of pregnancy and delivery-related disability, may
request unpaid parental leave for a period following the use of earned sick �
leave; however, sick leave time shall not be granted within (during the course
ofl a period of unpaid parental leave. The employee requesting such sequential i
leave shall submit an application in writing to the Director of Personnel of '
Independent School District No. 625 not later than 12 weeks in advance of the
� anticipated date of delivery. The employee will be required to submit, at the i
time of use, appropriate medical verification for the sick leave time claimed.
15.8.3 In the case oi adoption, the employee shall submit a written application to the !
Director of Personnel, of Independent School District No. 625 including the
anticipated date of placement of the child, at least twelve (12) weeks in
advance of the anticipated date of placement, or earlier if possible. �
Documentation will be required.
. 15.8.4 When an employee is returning from parental leave extending over a period of I
six (6} calendar months or less, the employee shall be placed, at the beginning
of the first pay period following the scheduled date of return, in the same !
� position held prior to the leave or, if necessary, in an equivalent position.
15.8.5 When an employee has requested and been granted leave for a period tonger �
than six (6) calendar months, but no more than twelve (12) calendar months,
the employee will be placed in an equivaler�position after the scheduled date of
return as soon as an equivalent vacancy becomes available. For purposes of �
this provision, an equivalent vacancy is a position in the same title which
exists, has no incumbent, which is to be filled, and for which no other person I
, has rights:
15.9 Education Leave. Leave with pay may be granted for educational purposes at the option �
• of the Employer.
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ARTICLE XVI - MILITARY LEAVE OF ABSENCE .
16,1 P�y Allowance. Any employee who shall be a member of the Na�onal Guard, the Navai
Militia or any other component of the militia of the state, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Off'�cers Reserve
Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or
any other reserve component of the military or naval force of the United States, now or
hereafter �rganized or constituted under federal law, shall be entitled to leave of absence
ftom employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for all the time when such employee is engaged with such
organization or component in training or active service ordered or authorized by proper
authority pursuant to law, whether for state or federal purposes, provided that such '
leave shall not exceed a total of fifteen (15) days in any calendar year and further
provided that such leave shall be allowed only in case the required military or naval
service is satisfactorily performed, which shall be presumed unless the contrary is .
established. Such leave shall not be allowed unless the employee (1) returns to his
position immediately upon being relieved from such military or naval service and not later
than the expiration of time herein limited for such leave, or (2) is prevented from so
retuming by physical or mental disability or other cause not due to such employee's own
fault, or (3) is required by proper authority to continue in such military or naval seroice
beyond the time herein limited for such leave.
ARTICLE XVII - MANAGEMENT RIGHTS �
17.1 The Association recognizes the right of the Employer to operate and manage its affairs
in all respects in accordance with applicable laws and regulations of appropriate
authorities. All rights and authority which the Employer has not officially abridged,
delegated or modified by this Agreement are retained by the Employer.
17.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy,which include, but are not limited to, such areas of discretion or policy �
as the functions and programs of the Employer, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
personnel. '
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• ARTICLE XVIII - SENIORITY
18.1 Saniority, for the purpose of this Agreement, shali be defined as follows: The length of '
continuous, regular, and probationary service with the Employer from the date an
employee was first certified and appointed to a class title covered by this Agreement, it I
� being further understood that seniority is confined to the current class assignment held by
an employee. In cases where two or more employees are appointed to the same class
ti�e on the same date,the seniority shall be determined by employee's rank on the eligible
list from which certification was made. !
18.2 Seniority shall terminate when an employee retires, resigns or is discharged.
_ 18.3 In the event it is determined by the Employer that it is necessary to reduce the work
force, employees will be laid off by class title within each department based on inverse
length of seniority as defined above. However, when layoff occurs in any of the titles
� listed below under Column A, layoff shall be based on inverse length of total seniority in
all ti�es listed on the corresponding line under Column B.
The Personnel Department will identify such least senior employee in the department
reducing positions, and shall notify said employee of his/her reduction from the
department. If there are any vacancies in any of the titles under Column B on which
seniority was based, in any other District department, the Personnel Department shall '
place the affected employee in such vacancy. If two or more vacant positions are �
available, the Personnel Department shall decide which vacant positions the affected '
• employee shall fill. If no vacancy exists in such titles, then the least senior District
employee in such titles shall be identified, and if the employee affected by the original
departmental reduction is more senior, he/she shalt have the right to claim that position ,
and the least senior District employee in such titles shall be the employee laid off. For the !
purposes of this Article, the Board of Education is not included as a City department nor
is a Board of Education employee included as a City employee.
�olumn A �olumn B
Clerk I Clerk I, Clerk II
Clerk II Clerk I,Clerk II
' Clerk-Typist I Clerk-Typist I, Clerk•Typist II
Clerk-Typist II Clerk-Typist II, Clerk-Typist I
. Clerk-Stenographer I Clerk-Stenographer I,
Clerk-Stenographer II
18.4 In cases where there are promotional series, such as Clerk I, II, III, etc.,when the number
of employees in these higher tides is to be reduced, employees who have held lower�tles
which are in this bargaining unit will be offered reductions to the highest of these titles to ',
which class seniority would keep them from being laid off, before layoffs are made by !
any class title within any department.
•
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Article XVIII - Seniority (continued)
i
18.5 In cases where an employee to be laid off has held na regular appointment in a lower title
in the same promotional series as his/her current title, that employee will be offered a
� reduction to the title within the bargaining unit to which he/she was regularly appointed
immediately prior to his/her current title, so long as there is either a vacancy or, if no
vacancy exists, a less senior employee in such title may be displaced. In cases where an
employee to be laid off has held no regular appointment to any titles immediately prior to
hisfier current title, said employee shall be laid off. The employee reducing into a title
formerly held must satisfactorily complete a six-month probationary period in such title.
If the probationary period is not satisfactory, the employee shall, at any time during the
�obationary period, be reinstated to his/her former title and shall be laid off, but such '
employee's name will be placed on the reinstatement register in his/her former title and
"bumping"rights herein shall not again apply to such employee. _
This prxedure will be followed by the City for City employees, and by the Board of
Education for Board of Education employees; however, Cit�r employees being reduced or
laid off may not displace Board of Education employees; Board of Education employees
being reduced or laid off may not displace City employees.
18.6 It is understood that such employees wiu pick up their former seniority date in any class
of positions that they previously held.
18.7 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire �
after two years of layoff.
18.8 The provisions of this Article are a�licable only to positions within the bargaining unit
covered by this Agreement.
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� ARTICLE XIX- DISCIPLINE __
I
19.1 The Employer will discipline employees for just cause only. Discipline will be in the form
of: j
19.11 Oral reprimand,
19.12 Written reprimand; I
19.13 Suspension;
19.14 Reduction; i
19.15 Discharge.
19.2 Any written reprimand made concerning any member of this bargaining unit which is filed �
• with the Personnel Office or within any Employer department, shall be shown to the
member before it is placed on file. Before the reprimand is placed on file, the Employer I
shall request from the employee an acknowledgment, in writing, that the reprimand has
" been read by said employee. �
19.3 Suspensions, reductions,and discharges will be in written form. ,
i
19.4 Employees and the Association will receive copies of written reprimands and notices of
suspension and discharge. i
19.5 Employees may examine all information in their Employer personnel files that concerns
work evaluations, commendations and/or disciplinary actions. Files may be examined at �
,• reasonable times under direct supervision of the Employer. I
19.6 Discharges will be preceded by a five- (5) day preliminary suspension without pay.
During said period, the employee and/or Association may request and shall be�entitled to
a meeting with the Employer representative who inibated the suspension with intent to �
discharge. During said five- (5) day period, the Employer may affirm the suspension and
discharge in accordance with Civil Service Rules or may modify or withdraw same. I
19.7 An employee to be questioned conceming an investigation of disciplinary action shall have j
. the right to request that an Association representaUve be present.
19.8 A grievance relating to this Article shall be processed in accordance with the grievance !
- procedure in Article VI of this Agreement. This provision is not intended to abrogate
rights of veterans pursuant to statute. j
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I
ARTICLE XX - LEGAL SERVICES �
20.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
employer shall defend save harmless and indemnify employee against tort claim or
� demand whether groundless or otherwise arising out of alleged acts or omission occurring
in the performance or scope of the employee duties.
20.2 Notwithstanding 20.1, the Emptoyer shall not be responsible for paying any legal service
fee or for providing any legal service arising from any legal action where the employee is
the plaintiff.
.
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•
24 •
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� ARTICLE XXI - SEVERANCE PAY
21.1 The Employer shall prcvide a severance pay program as set forth in this Article.
21.2 To be eligible for the severance pay program, an employee must meet the foilowing
requiremerrts:
21.2.1 The employee musf be 58 years of age or older or must be eligible for
pension under the "rule of 85" or the "rule of 90" provisions of the Public
Employees Retirement Association (PERA). The "rule of 85" or the "rute of
90"criteria shall also apply to employees covered by a public pension plan other
than PERA.
21.2.2 The employee must be voluntarily separated from School District employment
� or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this
severance pay program.
21.2.3 The employee must have at least ten (10) years of consecutive service under
the classified or unclassified Civil Service at the time of separation. For the
purpose of this Article, employment in either the City of Saint Paul or in
Independent School District No. 625 may be used in meeting this ten- (10) year
. service requirement.
21.2.4 The employee must file a waiver of re-employment with the Director of
Personnel, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
21.2.5 The employee must have accumulated a minimum of sixty (60) days of sick _
leave credits at the time of his separation from service.
� 21.3 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 of the daily rate of pay for the position held by the employee on the
date of separation for each day of accrued sick leave subject to a maximum of 200
accrued sick leave days.
21.4 The maximum amount of money that any employee may obtain through this severance
pay program is$6,500.
21.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, ff 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 will be made to the employee's estate or spouse.
�
25
Article XXI - Severance Pay (continued)
•
21.6 For the purpose of this severance pay program, a transfer from Independent School
District No. 625 employment to City of Saint Paul employment is not considered a
separation of employment, and such transferee shall not be eligible fa this severance
program.
21.7 The manner of payment of such severance pay shall be made in axordance with the
provisions of the School District Severance Pay Plan already in existence.
21.8 This severance pay program shall be subject to and governed by the provisions of the
original School District Severance Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this Article conflict with said '
Severance Pay Plan and in such cases, the provisions of this Article shall control.
• 21.9 The provisions of this Article shall be effective as of January t, 1984.
21.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qualifications of this Article or the original School District basic Severance Pay Plan
(which allows $4,000 maximum payment), draw severance pay. However, an election
by the employee to draw severance pay under either this Article or the basic Schoot
District Severance Pay Plan shall constitute a bar to receiving severance pay from the
other. Any employee hired after December 31, 1983 shall be entitled only to the benefits
of this Article upon meeting the qualifications herein. •
21.11 An employee of Independent School District No. 625 shall not be eligible for the
severance pay provision of this Article if such employee is also eligible and a recipient of
Early Retirement Incentive payment under the Memorandum of Agreement with the
exclusive representative dated October 19, 1983.
21.12 �ripinal Severance Pay Plan. Employees shall be eligible for severance pay in
accordance with the School DisVict's Severance Pay Plan. The amount of severance
pay allowed shall be that amount permitted by state statutes subject to the provision
that the maximum amount all�ved shall be$4,000. �
�
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�,���ia�-�
� ARTICLE XXII - NO STRIKE, NO LOCKOUT
22.1 Neither the Assxiation, its officers or agents, nor any of the employees covered by this
Agreement will engage in, encourage, sanction or support any strike, or the withholding in
whole or in part of the full performance of their duties during the life of this Agreement,
except as specifically allowed by the Public Employment Labor Relations Act. In the
event of a violation of this Article, the Employer will warn employees of the
consequences of their action and shall instruct them to immediately return to their normal
duties. Any employee who fails to return to his/her full duties within twenty-four (24)
hours of such warning may be subject to the penalties provided in the Public Employment
Labor Relations Act.
s
22.2 No lockout, or refusal to allow employees to perform available work, shall be instituted
, by the Employer and/or its appointing authorities during the life of this Agreement.
ARTICLE XXIII • NON-DISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equally without
regard to or discrimination for or against any individual because of race, color, creed,
sex,age or because of inembership or non-membership in the Association.
• 23.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities invotve other employees and the general public.
.
•
27
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• ARTICLE XXIV - TERMS OF AGREEMENT
24.1 o I qreement and Waiver ot Barqai�. This Agreement shail represent the
complete Agreement between the Association and the Empioyer. The parties
acknowledge that during the negotiations which resufted in this Agreement,each had the
unlimited right and opportunity to make requests and proposals with respect to any
subject or matter not removed by law ftom the area of collective barpaining, and that
the complete understandings and agreements arrived at by the parties after the exercise
of that right and opportunity are set forth in this Agreement. Therefore, the Employer
and the Association, for the life of this Agreement, each voluntarily and unqualifiedly
waives the right, and each agrees that the other shall not be obligated to bargain
• collectively with respect to any subject or matter referred to or covered in this
Agreement.
' 24.2 Savin� lause. This Agreement is subject to the laws of the United States, the State
of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement
shall hold to be contrary to law by a court of competent jurisdiction from whose final
judgment or decree no appeal has been taken within the time provided, such provision
shall be voided. All other provisions shall con6nue in iull force and effect.
24.3 7erm oi AQreement. This Agreement shall be in full force and effect from January 1,
1990, through December 31, 1991, and shall be automatically renewed irom year to year
thereafter unless either party shall notiiy the other in writing by June 1 that it desires to
• modify or terminate this Agreement. In witness whereoi, the parties have caused this
Agreement to be executed this�day of February, 1990.
24.4 This ccnstitutes a tentative Agreement between the parties which will be recommended
by the School Board Negotiator, but is subject to the approval of the Board of Education
of Independent School District No. 625 and is also subject to ratification by the Saint Paul
Public Schoots Classified Confidential Employees Assxiation.
WITNESSES:
. INDEPENDENT SCHOOL DISTRICT N0. 625 SA�NT PAUL PUBLIC SCHOOLS
CLASSIFIED CONFIDENTIAL
EMPLOYEES ASSOCIATION
B ✓G� � BY: l� � • �a
Neg 'ations/labor Relabo Manager President
BY: �--�� BY: �
Chair, Board o ' n �
�
29
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!
JULY 1, 1989 THROUGH JUNE 30, 1991
LAB OR AGREEMENT
Between
� SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT N�. 625
And
District Lodge No. 77
• International Association of Machinists
' � " And Aerospace Workers AFL-CIO
,
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SAINT PAUL PUBLIC SCHOOLS
Independent School District No.625 ,
Board of Education:
Margo Fox- Chairperson Bill Carlson -Member
Claudia Swanson - Vice-Chairperson Becky Montgomery- Member
Bill Finney-Clerk Eleanor Weber-Member
AI Oeriwig - Treasurer
Administration: •
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
f .
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•
M
��9o`/oy�
s
NDD(
9E11�LF ILT1E PAG E
I Reoogni�on..__..._..______.________�.. 1
• II Defiry6or�s..__..._.___..._.__.___..._.._._..�.......__�_._�.__�....._....__._�.�...... 2
III Main�enanoe of Slandards............................................._........�....................... 3
IV Chedc Off and AdminisVative Servioe Fee.......................................... 3
• V Union Rights.___w___�._____....__�.�._________..._.._.__._... 4
VI ent Righls...._.._..._.._....................._..... 4
. ..........._..........._.....................
VII ' ' ne....._..___�___________.._....__.._____.._..___�...._..___.._......__�..__.._ 5
VIIIFIouS,Overtime Pay............................................ ............................................ 5
IX Tool Insurance and Clothing._.�.______r..__�.____�.______.. 6
XJury Duty�.�.�.....__�.___.._...�.�._._...___....___..........___w__.._�...... 6
XI Legal Servioes......._.._._......_....._.._._.._.._._......_.�.._.._._.._._._. 7
. ._....................
XII Mile�age-Irxleperxlent ScF�ool Disbict No.625......................................... 8
XIII6'�stx�ce..__............_......__.._........__..»....__..........____.._....___.._........__..___.... 9
� XIV F�loidays•..____...........___.._......__........._..__..___.......__.._..____.»�����µ�N 14
XV Vacation_____�.�._�._.____.__�.____�.______.. 15
XVI Grievance Procedures_____�._____�.___________�._�..... 16
XVIISavirx�s Gatse...._.._.._._.._.._.._.._.._.._._.._.._.._.._.._.._._.._..�.._....._.._.._..... 19
XVIIISeve S�oe yPa ._..._.._..._.._..._.._..._..�......»..._.._..._.._..._.._..._.._..._.._.._..._.. 20
XIX Wage diec�ule._____.______�.�_______._______.________.�....___..._______. 23
XX Sbikes,Locfcouts,Work InDerference.......................................................... 23
XXISick Leave..._._.__._.__._.__._._._w_._..._.__._._..._._.__.�.__._._._.._.__._...._. 23
XXII Matemity Leave_..�._______w______.._�.____________. 23
. XXIII Safety Shoes......_.._....._.._.._.._.._.._.._.._......_.._......_......_..�.._......�....._......_.. 24
XXIV Duration ar�d Effec�ve Dabe............................................
................................ 25
� Apper�d'oc A._._....._...._._._._._...._...._...._.._...._._._._...._...._._._._........._A-1, A-2
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THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 AND •
DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND
AEROSPACE WORKERS AFL-CIO.
This Agreement has been entered into beiween Independent School District No. 625,
hereafter referred to as the EMPLOYER, and District Lodge #77, International Assxiation of
Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This
AGREEMENT has as its �urposes the promotion of harmonious relations between the
EMPLOYER and the UNION, the establishment of an equitable and peaceful prxedure for the
resolution of differences and the establishment of rates of pay, benefits, hours of work, and
other conditions of employment. The parties hereto pledge that they shall pursue the above .
objectives in full compliance with the requirements of the Public Employment Labor Relations Act
of the State of Minnesota of 1971,as amended.
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e ARTICLE I - RECOGNITION
1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for
the purposes of establishing wages, benefits, hours, and other condi�ons of employment
for all of its employees as outlined in the certification by the State of Minnesota, Bureau
of Mediation Serv�ces, dated April 5, 1990, in case No. 90-PCL-3212, and as set forth
below:
All regular, probationary, and provisional vehicle and equipment maintenance
personnel who are employed by Independent School Distr�ct No. 625 in the
• classifications of Audio-visual Equipment Repairer, Communications Technician
Helper, Equipment Repairer, Food Service Equipment Specialist Helper, Machinist,
Mechanic-Welder, Parts Runner, Vehicle Mechan�c, Vehicle Mechanic
� � Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker,
excluding supervisory, confidential, temporary, and employees exclusively
represented by other labor or employee organizat�ons.
1.2 The parties agree that any new classifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall
be recognized as a part of this bargaining unit, and the parties shall take all steps
required under the Public Employment Relations Act to accompl�sh said objective.
�
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ARTICLE II - DEFINITIONS �
2.1 Coller�jyg��jaq. The EMPLOYER will bargain collectivefy with the UNION with
respect to rates of pay, hours, and conditions perta�rnng to employmeM for all of the
employees in the unit hereinbefore set forth.
2.2 Discrimination. The EMPLOYER Mnll not interfere with, restrain or coerce the employees
covered b�y this AGREEMENT because of inembership in or activity on behalf of the
UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment
or any term or condition of employment against any employee covered by this
AGREEMENT because of inembership m or activity on behalf of the UNION, nor will it
discourage or attempt to discourage membership in the UNION, or attempt to encourage
membership in another Union.
2.3 This AGREEMEWT shall designate and define benefits with the exception of pension �
benefits that shafl be granted to the employees by the EMPLOYER. If, subsequent to
this AGREEMENT, any governing body passes a provision which shall create a cost
bene�t for an employee in this unit,the cost of such benefit shall be paid by the employee
until such time as the responsibility of the cost is subsequenUy negotiated. This provision
shall not compel either part�r to reopen negotiations during the course of an existing
contract.
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� ARTICLE III - MAINTENANCE OF STANDARDS
3.1 The parties agree that all conditions of employment relating to wages, hours of work,
overtime differentials, vacations, and all other general working conditions shall be
maintained at not less than the highest minimum standard as set forth in the Civil
Seroice Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary
Plan and Rates of Compensation at the �me of the s�'gning of this AGREEMENT, and
the conditions of employment shall be improved wherever specific provisions for
improvement are made elsewhere in this AGREEMENT.
� ARTICLE IV - CHECK OFF AND ADMINISTRATIVE SERVICE FEE
• 4.1 �yg�. The EMPLOYER agrees to deduct the UNION membershiQ dues once each month
from the pay of those employees who ir�dividually request in wntmg 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 all employees shafl 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 as is possible.
4.2 �j,�Share. Any present or future employee who is not a UNION member shall 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 shall the required
• contribution exceed a pro rata share of the specific ex�enses incurred for services
rendered by the representative in relationship to negot�ations and administration of
grievance procedures. This provision shall remain operat�ve only so long as specifically
provided by Minnesota law and as otherwise legal.
4.3 Administrative Service Fee. The Assxiation agrees that an administrative fee of $6.00
per employee, per year shall be deducted by the Employer from the employee's eamings.
This annual deduction shall be made from the first paycheck received in January of each
year.
4.4 The UNION will indemnify, defend, and hold the EMPLOYER harmless against any
• claims and all suits, orders or judgments brought or issued against the EMPLOYER, its
officers or employees, as a result of any action taken or not taken by the EMPLOYER
under the provisions of this section.
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ARTICLE V - UNION RIGHTS �
5.1 The UNION may designate employees within the bargaining unit to serve as Union
Stewards.
5.2 The UNION shall furnish the EMPLOYER and appropriate department heads with a list
of Stewards and alternates, and shall, as soon aspossible, notify said appropriate
District officials in writin$ of any changes thereto. Only those who are Officers and
Stewards shall be recogrnzed by the EMPLOYER for the purpose of ineetings.
ARTICLE VI - MANAGEMENT RIGHTS �
6.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in
all respects in accordance with applicable laws and regulations of ropriate authorities.
The rights and authority which the EMPLOYER has not officially ridged, delegated or
modified by this AGREEMENT are retained by the EMPLOYER.
6.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy,which include, but are not limited to, such areas of discretion or policy
as the functions and programs of the EMPLOYER, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of •
personnel.
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� ARTICLE VII - DISCIPLINE
7.1 The EMPLOYER will discipfine employees for just cause only. Discipline will be in the
form of:
a) Oral reprimand;
b Written reprimand;
c Suspension;
d Reduction;
e� Discharge.
� 7.2 Employees and the UNION will receive copies of written reprimands and notices of
suspens�on and discharge.
� 7.3 Discharges will be preceded by a five- (5) day�preliminary suspension without pay.
During said period, the employee and/or UNION may request, and shall be entitled to a
. meeting with the Employer Representative who initiated the suspension with intent to
discharge. During said five- (5) day period, the.EMPLOYER may affirm the suspension
and discharge in accordance w�th Civil Service Rules or may modify or withdraw same.
7.4 Employees who are suspended, demoted or discharged retain all rights under M.S.
179A.20, Subd. 4, and thereby have the right to request that such actions be considered
a "grievance" for the purpose of processing through the provisions of Article 22
(GRIEVANCE PROCEDURES). Oral reprimands shall not be subject to the grievance
review procedures.
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ARTICLE VIII - HOURS, OVERTIME PAY
8.1 Hours of Employment-- The normal work day and the normal work week shall be 8 hours
excluding 1/2 hour for lunch in any twenty-four hour period and 40 hours in any seven-
day period. (For employees on a shift bas�s, this shall be construed to mean an average
of forry hours a week.) The normal work week shall consist of five consecutive normal
work days.
8.2 Call-in Pay-- When an employee is called to work, he/she shall receive two hours' pay if
not put to work. tf the employee is called to work and commences work, he/she shall be
� guaranteed four hours' pay. These provisions, however, shall not be effective when
work is unable to proceed because of adverse weather conditions.
8.3 Overtime-- Time on the payroll in excess of the normal hours set forth above shall be
"overtime work"and shall be done only by order of the head of the department.
8.4 An employee shall be recompensed for work done in excess of the normal hours by being
granted compensatory time on a time-and-one-half basis or by being paid on a time-and-
one-half bas�s for such overtime work. The basis on which such overtime shall be paid
shall be determined solely by the EMPLOYER. The overtime rate of one-and-one-half
shall be computed on the basis of 1/80th of the biweekly rate.
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ARTICLE IX - TOOL INSURANCE AND CLOTHING �
9.1 The EMPLOYER will provide four (4) changes of coveralls per week in accordance with
existing practices.
9.2 The EMPLOYER agrees to reimburse employee for tools damaged by fire or vandalism
or for tools as may be stolen; however, such liability for reimbursement shall only apply in
the event that the employee's tools are stored on the EMPLOYER'S premises and in
such places as EMPLOYER shall designate, and, further, only if the tools are destroyed
or stolen in their entirety as a result of a fire, vandalism or proven theft from the
EMPLOYER'S premises.
ARTICLE X - JURY DUTY �
10.1 Any employee who is required during his�er regular working hours to appear in court as
a juror or witness except as a witness in his or her own behalf against the EMPLOYER
shall be paid his/her regular pay while so engaged, provided, however, that any fees that
the employee may receive from the court for such service shall be paid to the
EMPLOYER and be deposited with the District Business Office. Any employee who is
scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to
work the normal daytime shift during such time as the employee is required to appear in
court as a juror or witness.
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� ARTICLE XI - LEGAL SERVICES
11.1 Except in cases of malfeasance in office or willful or wanton negiect of duty or
indifference to rights of others, the EMPLOYER shall defend, save harmless, and
indemnify an employee against tort claim or demand, whether groundless or otherwise,
arising out of al(eged acts or omission occurring in the performance or scope of the
employee's duties.
11.2 Notwithstanding the provisions of Subd. 11.1, the EMPLOYER shall not be required to
defend or indemnify any employee against personal liability or damages,costs or expense
, (a) resulting from a cla�m, suit, verdict, finding, determination or jud$ment that the
employee has committed an intentional tort or torts, including but not limited to slander,
libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims,
_ a�irmabve defenses and/or separate actions brought aQainst such employee in response
to or resulting from claims, allegations, demands or act�ons (whether or not litigation was
actually commenced) brought, made or instituted by such employee.
11.3 Notwithstanding the provisions of Subds. 11.1 or 11.2, the EMPLOYER may at its sole
discrebon defend an employee against allegations, claims, demands or actions wholly or
in part based on or ansmg out of claimed intentional torts, and in such cases, the
employee consents to the extent lawfully permitted to such representation without
regard to actual or potential conflicts of interest.
11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand,
action, suit or proceeding aga�nst him or her, and (2) a judgment, verdict, finding or
� determination, either of which arises out of alleged or found acts or omissions xcumng m
the performance or scope of the employee's dubes, shall notify the EMPLOYER by giving
written notice thereof to the EMPLOYER'S General Counsel.
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ARTICLE Xil - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 �
12.1 Employees of the School District under policy adopted by the Board of Education may be
reimbursed for the use of their sutomobiles for school busmess. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing one of the following plans:
N N' effective with the adoption of this Agreement, is reimbursed at the
rate of 23¢ per mile. In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the employee and the
employee's s�eroisor. .
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar posidon. .
Under this plan, it is necessary for the employee to keep a record of each trip
made.
" "provides for reimbursement based on a per month "lump sum"amount.
This amount is determined by the employee's driving experience under Plan "A"
for a period of 3 to 6 months. Those employees rece�vmg an auto allowance
under this plan must report monthly the number of days the car was available
during the month. A deduction must be made from the lump sum amount for each
day the employee is on vacation. A deduction need not be made for an
occasional day of illness or for a holiday.
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. ARTICLE XIII - INSURANCE
13.1 The insurance plans, premiums for coverages and benefits contained in the insurance
pIans offered by the EMPLOYER shail be solely conVolled by the contracts negotiated
by the EMPLOYER and the benefit providers. The EMPLOYER will attempt to prevent
an� changes in the benefits offered by the benefit providers. However, the employees
se ecting the offered plans agree to accept any changes in benefits which a specific
provider implements.
13.2 For the purpose of this Article, full-time employment is defined as appearing on the
� payroll at least 32 hours per week or at least 64 hours per pay period excluding overtme
hours.
� 13.3 For the purpose of this Article, half-time employment is defined as appearing on the
payroll at least 20 hours per week or at least 40 hours per pay period excluding overtime
hours.
13.4 For each full-�me employee who selects employee coverage under a hospital-medical
insurance plan offered by the EMPLOYER, the EMPLOYER agrees to contribute the
cost of such coverage or$70 per month, whichever is less. For each full-time employee
who selects family coverage, the EMPLOYER will contribute the cost of such family
coverage or$180 per month,whichever is less.
13.5 Effective March 1, 1990, for each full-time employee who selects employee coverag e
under a hospital-medicat insurance plan offered by the EMPLOYER, the EMPLOYER
� agrees to contnbute the cost of such coverage or$100 per month,whichever is less. For
each full-time employee who selects family coverage, the EMPLOYER will c�ntribute the
cost of such family coverage or$210 per month, whichever is less.
13.5.1 Effective January 1, 1991, for each full-time employes who selects employee
coverage under a hosp�tal-medical insurance plan offered by the EMPLOYER,
the EMPLOYER agrees to contribute the cost of such coverage or $115 per
month, whichever is less. For each full-time employee who selects family
coverage, the EMPLOYER will contribute the cost of such family coverage or
$225 per month,whichever is less.
13.6 For each half-time employee who selects employee coverage under a hospital-medical
insurance plan offered by the EMPLOYER, the EMPLOYER agrees to contribute fifty
- Qercent (50°/a) of the amount contributed for full-time employees selecting such employee
insurance coverage. For each half-time employse who selects family insurance
coverage, the EMPLOYER will contribute fifty percent (50%) of the amount contributed
for full-Ume employees selecting such family insurance coverage.
13.7 For each eligible employee the EMPLOYER agrees to con�ibute the cost of$5,000 of life
insurance coverage.
13.7.1 Effective March t, 1990, the EMPLOYER will contribute the cost of addibonal
$10,000 life insurance coverage or $2 per month, whichever is less. This life
insurance coverage terminates at retirement.
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Article XIII- Insurance (continued) `
13.8 Full-time employees who retire prior to January 1, 1990 and who have not reached the
age of six�-five (65) must meet the following conditions in order to be eligible for
EMPLOYE contributions toward a hospital-medical insurance plan offered by the
EMPLOYER:
13.8.1 Be receiving benefits from a public employee retiree act covering employees of
the Independent School District No. 625 at the time of retirement.
AND
13.8.2 Have severed his/her relationship with the Independent School District No. 625
under one of the early retiree plans.
AND " �
13.8.3 In addition to the above, must meet one of the following conditions:
1. Must be at least 58 years of age and have completed 25 years of
employment with Independent School District No. 625.
OR
2 The combination of their age and their years of service must equal eighty-
five (85) or more.
OR
3. Must have completed at least thirty (30) years of service. �
13.9 Effective January 1. 1990, full-time employees who retire on or before June 30, 1991 and
who have not reached the age of sixty-five (65) must meet the following conditions in
order to be eligible for EMPLOYER contributions toward a hospital-medical insurance plan
offered by the EMPLOYER:
13.9.1 Be receiving benefits from a public employee retirement act covering
employees of the Independent School District No. 625 at the time of retirement.
AND
13.9.2 Have severed his/her relationship with the Independent School District No. 625 �
under one of the pre-age 65 retiree plans.
AND
13.9.3 Have completed at least 25 years of seroice with the Independent School
District No.625.
13.10 For full-time employees who retire during the period of this AGREEMENT who have not
reached the age of sixty-five (65) and who meet the eligibility requirements set forth in
Article 13.8 or 13.9,the EMPLOYER agrees to contribute the following:
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Article XIII•Insurance (continued)
13.10.1 For such eariy retirees who select single covera�e under a Health
Maintenance Organization (HMO) hospitai-medical insuranoe plan offered by
the EMPLOYER, the EMPLOYER agrees to contribute the cost of such
coverage or �70 per month, whichever is less. For such 0ariy retirees who
select family coverage the EMPLOYER agrees to corrtribute the cost of
such coverage or s180 per month, whichever is less. Such EMPLOYER
- contributions toward the c�st of such selected-hospital-medical insurance
coverages shall terminate upon such early retiree reaching the age of sixty-
frve (65).
13.10.2 For such early retirees who select single coverage under a hospital-medical
. insurance plan offered by the EMPLOYER havinp an indemnity benefit, the
. EMPLOYER agrees to contribute the cost of such coverage or $106.32 per
month, whichever is less. For such retirees who select family coverage
under such insurance plan the EMPLOYER agrees to conmbute the cost of
such coverage or a284.12 per month, whichever is less. Such EMPLOYER
contributions toward the cost of such selected hospital•medicaf insurance
coverages shall terminate upon such early retiree reachin� the age of sixty-
nve (65).
i �(� 13.11 For full-time employees who retire prior to January 1, 1990 and who have not reached the
V� ��1 age of sixty-five (65) and who meet the conditions set forth in Articles 13.8.1 and 13.8.2
but who do not meet the conditions set forth in Article 13.8.3 and who select single or
� family ooverage under a hospital-medical insurance plan offered by the EMPLOYER, the
` EMPLOYER agrees to conVibute the followin� percentages of the amount contributed by
b the EMPLOYER mward health insurance for active employees in the same health plan.
�� a
Combination of Age Contribution for Contr�ution for
� '� and Years of Service Sip�le C� Family Co,_ ve�ra�e
84 90°k 90%
83 60� 80%
- 82 70°k 70%
81 60°� 60°k
80 50°k 50%
The EMPLOYER contributions listed above shall terminate t�on such earty retiree
. reaching the age of sixt�r-fve (65).
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Ardc�e x���-�nsurance (continued) �
13.12 Effective January 1� 1990, for full-time employees who retire on or befora J�e 30, 1991
and who have not reached the a�e of sixt�r-five (65) and who meet the condi�ons set
forth in Articies 13.9.1 and 13.9.2 but who do not meet the conditions set�orth in Article
13.9.3 and who select single or family cove�age under a hospital-medic;al ir�surance pian
affered by the EMPLOYER, the EMPLOYER agrees to contribute the following
peroerrtages of the amount contributed by the EMPLOYER toward health insurance for
ac.Kive employees in the same health plan.
1�� Combination of Age Contr�ution for Contribution for
�� I and Years of Service S�i �le Co� Fami(y Co,verane
�� ` 64 9096 90°k
83 80°� 80°�
n O 82 7096 70%
�� 81 60°� 60°k
� �� 80 50� 50�
The EMPLOYER c�ntributions listed above shall terminate upon such early retiree
r�chinp the ape of sixty-five (65).
13.13 For half-time employees who rebre durin� the period of this AGREEMENT who have not
reached the age of sixt�r-five (65) and who meet one of the conditions of eligibility set �
brth in Articles 13.8. 13.9, 13.11 and 13.12-that apply to full-time early retirees, the
EMPLOYER agrees to contribute fifty-percent (50%) of the contributions toward such
hospital-medical insurance coverages corresponding to such conditions of eligibiliry.
13.14 The EMPLOYER agrees to provide the cost for s5,000 of Gfe insurence coverage for
such full-time and half-time rebrees until such retirees reach a�e sixty-five (65), at such
time such I'rfe ir�surance contrieutions shall terminate.
13.15 For employees who retire at age sixty-�ive (65) or older or for early re�rees upon
roachin� age sixtyfive (65), and who have completed at least twenty (20) years of �
service at the �me of their retirement, the EMPLOYER will provide conmbutions toward
such hospital-medical insurance plans as provided by the EMPLOYER for retirees sixty-
fiive (65) years of ape or older under 8oard of Education action. �
For such employees or early retirees who have not completed at least twenty (20) years
of service at the bme of their retiremer�, fhe EMPLOYER will discoMinue providing any
such contributions t�pon their retiremeM or in the case of early retirees upon their
reachin� age sixty-fire (65).
13.16 A re�ree may not carry his/her spouse as s dependent if such spouse is also e District
retiree or District employee and elpible for and is enrolled in the Di�strict heafth ir�irance
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� Ardcle Xlil-Insuranoe (conpnued)
13.17 The contnbudons indicated in this Article 13 ahall be paid m the EMPLOYER'S heaith
P�•
13.18 Any cost of any premium for eny EMPLOYER-offered employee or family hospitai-
medical insurance coverage in excess of the dollar amounts stated in this Arade 13 shali
be paid by the employee.
� 13.19 Ail retirees who retire after December 31, 1881 who sre sucty-fve (65) years of age or
older will continue to be covered by the Union's Insurance Plan subject to the Rules of the
Union's Heaith and Weifare Fund at no oost m the EMPLOYER.
The EMPLOYER will continue to provide insurance confibutions for early retirees who
retired after December 31� 1981 and who are currendy covered by the Union's Health
Insurance Plan until such early retiree reaches sixt�r•five (65j years of age. Upon
reaching age sixty-five (65), the EMPLOYER'S contribution will be discontinued,
however,early retirees shall continue to be covered by the Union's Health Insurance Plan
at no cost to the EMPLOYER. Such conbnued coverage sha�ll be subject to the rules of
the Union's Health and Welfare F�mds.
13.20 Effective Jsnuary t, t991 full•time elpible employees who were r6pularly eppointed on or
• atter July t, 1989 and who retire prior to their reachinp sixty-five (65) years of sge and
who select a hospital-medical insurance plan offered by the EMPlOYER for such
retiress, the EMPLOYER aprees m con�ibute fhe cost of the monthly premium or �90
per month, whichever is less. For such half-time eli�ible smployees who retire prior to
reaching age sixty-five (65) and who select single or family hospital-medical insurance
coverage the EMPLOYER'S conaibution toward such seleCted coverage will be SO°� of
the EMPLOYER'S conUibution for such futl-�me elpible employees.
Upon such retiree reaching the age of sixty-five (65) such EMPLOYER contributions
�oward such coverage shall terminate. The EMPLOYER will also contr�wte the cost for
� 55,000 of life insurar�ce coverage for such early rearee until the earfy retiree reaches age
sixty-five (65) at which time the life insurance coverage shall terminate.
� G� 13.21 During the term of this AGREEMENT a pre-tax medical and child care expense �count
1 1�� t plan will be made available to employees in this bargaining unit who are eligible for
Employer-paid premium contribution for health insurance. The sxouM will be available
� for medical and child care e
xpenses within the established le�al re�ulations and IRS
� requiremer�s for such axounts.
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� 13 �
ARTICLE XIV - HOLIDAYS �
14.1 j�p�gy����-The foliowin�days sh�all be reco�nized end observed
as paid holidays:
New Yea�'s Da�r
Martin Luther Kin� Day
Presidents' Day
Memoriai Day
k�dependenoe Day .
Labor Day
Columbus Day
Veterans' Day .
Thetnksgiving Day
Christmas 6ay
Two floating holidays.
Eligible employees shall receive pay for each of the holidays listed above on which they
perform no work. Whenever any ot the hol�days listed sbove shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays I�sted
above shall fall on Sunday,the suoceeding Monday shall be observed as the holiday.
14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during
the contract year, subject to the approval of the department head of any employee.
14.3 ' i it' Reauirements•In order to be eligible for a holiday with pay,an employee's name �
must appear on the payroll on any six worlung days of the nine working days preceding
the ho(iday, or an employee's name must appear on the payroll the last worlung day
before the holiday and on three other working days of the nine working days precedmg
the holiday. In ne�ther case shall the holiday be counted as a worWng day for the
purposes of this section. h is further understood that neither temporary nor other
employses not heretofore eligible shall receive holiday pay.
14.4 In the case of 8oard of Education Employees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day fal)s on a day when school is in session, the ,
Employee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day on which school is not in session and
shall be determined by agreement between the employee and the supervisor. .
�
�4 �.
(�` 90-/4�/�
. ARTICLE XV - VACATION
15.1 In each calendar year, each fuli-time employee shali be granted vacation according to the
following schedule:
Years� rv' Vacation Granted
Less than 8 years 15 days
After 8 years through 15 years 20 days
After 15 years and thereafter 25 days.
15.2 Employees who work less than full time shall be granted vacation on a pro rata basis.
. 15.3 The head of the department may permit an employee to carry over into the following
year up to ten days' vacation.
15.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision H.
15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of
one-half day's vacation for each day of sick leave credit.
15.6 The maximum number of days' vacation allowed by the conversion of sick leave credits
• shall be no more than five days in any one year so that the maximum vacation time
which may be taken in any one year shall be forty days including the regular vacation
period.
•
15
ARTICLE XVI - GRIEVANCE PROCEDURES .
16.1 The EMPLOYER shall rec�gnize stewards selected in accordance with UNION rules and
regulations as the grievance representative of the bargaining unit. The UNION shall
no�fy the EMPLOYER in writing of the names of the stewards and of their successors
when so named.
16.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of
grievances as hereinafter provided is limited by the job duties and responsibili�es of the
employees and shall therefore be accomplished during working hours only when consistent
with such em�loyee duties and responsibilities. The steward involved and a grieving
employee shall suffer no loss in pay when a grievance is processed during working hours, �
prov�ded the steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the EMPLOYER. -
16.3 The procedure established by this Article shall be the sole and exclusive procedure,
exceQt for the appeal of disciplinary action as provided by Article VII, for the processing
of gr�evances, wh�ch are defined as an alleged violation of the terms and conditions of
this AGREEMENT.
Grievances shall be resolved in conformance with the following procedure:
,�tgR 1. Upon the occurrence of an alleged violation of this AGREEMENT,the employee
involved shall attempt to resolve the matter on an informal basis with the
employee's supervisor. If the matter is not resolved to the employee's �
satisfact�on by the informal discussion, it may be reduced to writing and
referred to Step 2 by the UNION. The written grievance shall set forth the
nature of the gnevance, the facts on which it is based, the alleged section(s)
of the AGREEMENT violated, and the relief requested. Any alle�ed violation
of the AGREEMENT not reduced to writing by the UNION within seven (7)
calendar days of the first occurrence of the event giving rise to the grievance
or within the use of reasonable diligence should have had knowledge of the first
xcurrence of the event giving r�se to the grievance, shall be considered
waived.
�2. Within seven (7) calendar days after receiving the written grievance, a -
designated Employer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the EMPLOYER shall reply in wribng to the UNION within
three (3) calendar days following this meeting. The UNION may refer the
grievance m writing to Step 3 within seven (� calendar days following receipt
of the EMPLOYER'S written answer. Any grievance not referred in writing by
the UNION within seven (7) calendar days following receipt of the
EMPLOYER'S answer shall be considered waived.
•
�6
��o-�a��
• Article XVI - Grievance Procedures (continued}
��. Within seven (7) calendar days following receipt of a grievance referred from
Step 2, a designated Employer Supervisor shall meet with the Union Business
Manager or the designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this meeting, the
EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S
answer concerning the grievance. If, as a result of the written response, the
grievance remains unresolved, the UNION may refer the grievance to Step 4.
Any grievance not referred in writing by the UNION to Step 4 within seven (7)
calendar days following receipt of the EMPLOYER'S answer shall be
� considered waived.
�4. If the grievance remains unresolved, the UNION may within seven (7) calendar
days after the response of the EMPLO�ER in Step 3, by written notice to the
EMPLOYER, request arbitration of the grievance. The arbitration proceedings
. shall be conducted by an arbitrator to be selected by mutual agreement of the
EMPLOYER and the UNION within seven (7) calendar days after notice has
been given. If the parties fail to mutually agree upon an arbitrator within the
said seven (7) day period, either party may request the Public Employment
Relations Board to submit a panel of five (5) arbitrators. Both the
EMPLOYER and the UNION shall have the right to strike two (2) names from
the panel. The UNION shall strike the first (1st) name; the EMPLOYER shall
then strike one (1) name. The process will be repeated and the remaining
person shall be the arbitrator.
• 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract
from the provisions of this AGREEMENT. The arbitrator shall consider and decide only
the specific issue submitted in writing by the EMPLOYER and the UNION and shall have
no authority to make a decision on any other issue not so submitted. The arbitrator shall
be without power to make decisions contrary to or inconsistent with or modifying or
varying in any way the application of laws, rules or regulations having the force and
effect of law. The arbitrator's decision shall be submitted in writing within thirty (30)
days following close of the hearing or the submission of briefs by the parties, whichever
be later, unless the parties agree to an extension. The decision shall be based solely on
the arbitrator's interpretation or applicati�n of the express terms of this AGREEMENT
� and to the facts of the grievance presented. The decision of the arbitrator shall be final
and binding on the EMPLOYER,the UNION,and the employees.
� 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and THE UNION, provided that each party shall be
responsible for compensating its own representatives and witnesses. If either party
desires a verbatim record of the proceedings, it may cause such a record to be made,
providing it pays for the record.
16.6 The time limits in each step of this procedure may be extended by mutual agreement of
the EMPLOYER and the UNION.
•
17
Article XVI -Grievance Prxedures (continued) .
16.7 It is understood by the UNION and the EMPLOYER that a grievance may be determined
by either the grievance procedure of this contract or by the provisions of the Civil
Service Rules of the City of Saint Paul. If an issue is determined by this grievance
procedure, it shall not again be submitted for arbitration under the Civit Service Rules. If
an issue is determined by the provisions of the Civil Service Rules, it shall not again be
submitted for arbitration under this grievance procedure.
�
�
�8
Gr�o �o��
• ARTICLE XVII - SAVINGS CLAUSE
17.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota,
and the City of Saint Paul. In the event any provision of this AGREEMENT shaii be held
contrary to law by a court of competent junsd�ction ftom whose final judgment or decree
no appeal has been taken within the time provided, such provision shall be vcided. All
other provisions shall continue in full force and effect.
•
•
19
ARTICLE XVIII - SEVERANCE PAY •
18.1 The Emp►oyer shall provide a severance pay program as set forth in this Article.
18.2 To be eligible for the severance pay program, an employee must meet the following
requiremerrts:
18.2.1 The employee must be 58 years of age or oider or must be eligible for Qension
under the "rule of 90" provisions of the Public Empioyees Ret�rement
Association (PERA). .
18.2.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those .
employees who are dischar�ed for cause, m�sconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this
severance pay program.
18.2.3 The employee must have at least ten (10) years of consecutive service under
the classified or unclassified Civil Service at the time of separation.
18.2.4 The employee must file a waiver of re-employment with the Director of
Personnel, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent School DisVict No. 625.
18.2.5 The employee must have accumulated a minimum of sixty (60) days of sick •
leave credits at the time of his separation from service.
18.3 If an employee requests severance pay and if the employes meets the eligibility
requirements set forth above, he or she will be granted severance pay in an amount
equal to one-half 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 max�mum of 200
accrued sick leave days.
18.4 The maximum amount of money that any employee may obtain through this severance
pay program is$6,500. '
18.5 For the purpose of this severance pay program, a death of an employee shall be .
considered as separation of employment and, if the employee would have met all of the
requirements set forth above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
�
20
� �4�/Dy-�
i Article XVIII - Severance Pay (continued)
18.6 For the purpose of this severance pay pro$ram, a transfer from independent School
District No. 625 employment to City of Samt Paul employment is not considered a
separation of employment, and such transferee shall not be eligible for this severance
program.
18.7 The manner of payment of such severance pay shall be made in accordance with the
provisions of the School District Severance Pay Plan already in existence.
. 18.8 This severance pay program shall be subject to and governed by the provisions of the
original School Distnct Severance Pay Plan (which allows $4,000 maximum payment)
except in those cases where the specific provisions of this Article conflict with said
Severance Pay Plan and in such cases, the provisions of this Article shall control.
18.9 The provisions of this Article shall be effective as of January 1, 1986.
18.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qual�f�cations of this Article or the original School District Basic Severance Pay Plan
(which allows $4,000 maximum payment), draw severance pay. However, an election
by the employee to draw severance pay under either this Article or the basic School
District Severance Pay Plan shall constitute a bar to receiving severance pay from the
other. Any employee hired after December 31, 1983 shall be entitled only to the benefits
of this Article upon meeting the qualifications herein.
• 18.11 An employee of Independent School District No.625 shall not be eligible for the severance
pay provision of this Article if such employee is also eligible and a recipient of Early
Retirement Incentive payment under the Memorandum of Agreement with the exclusive
representative dated October 19, 1983.
18.12 The above Articles 18.1 through 18.11 apply only to employees hired prior to July 1, 1989.
18.13 Employees hired on or after July 1, 1989 shall be covered by the provisions of the
following Articles 18.12 through 18.17.
, 18.14 For employees hired on or after July 1, 1989 the Employer shall provide a severance pay
program as set forth in the following Article 18.13 through 18.17.
. 18.15 To be eligible for the severance pay program, an employee must meet the following
requirements:
18.15.1 The employee must be voluntarily separated from Independent School
District No. 625 employment or have been subject to separation, lay-off or
compulsory retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary reason are
not eligible for the District severance pay program.
18.15.2 The employee must file a waiver of reemployment with the Personnel
Directors of Independent School District No. 625 and the City of Saint Paul,
which will clearly indicate that by requesting severance pay, the employee
• waives all claims to reinstatement or reemployment (of any type), with the
Independent School District No. 625 or the City of Saint Paul.
21
Article XVIII -Severance Pay �ontinued) �
18.15.3 The empioyee must have an accumulated balance of at least eighty (80)
days of sick leave credits at the time of his/her separation from service.
18.16 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 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 as
shown below based on the number of years of service with the District.
Years of Service Maximum _
�jth the District �SVerance Pav
At Lea� 20 - a a,000
2� a a,soo
. 22 a s,zoo
23 $ 5,800
24 � $ 6,400
25 a 7,000
18.17 For the purpose of this severance 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.
18.18 The manner of payment of such severance pay shall be made in accordance with the •
provisions of the original School DisVict Severanc:e Pay Plan.
18.19 This severance pay program shall be subject to and governed by the provisions of the
original School D�stnct Severance Pay Plan except in ihose cases where the specific
prov�s�ons of this article conftict with said ordinance and in such cases, the provis�ons of
this article shall control.
�
22
�� �'a-�o��
• ARTICLE XIX -WAGE SCHEDULE
'�p 19.1 The wa�e schedule for purposes of tltis con�act shall be Append'a A,�act�ed hereto.
a1�v .2 The Vehicle Mechanic Leadworker rate wili be no less than 25d per hour t�her than the �
`� � Veh�cle Mechanic rate.
7�'
. /��qo
ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE
. 20.1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages,
slowdowns, sitdown, stay-in, or other concerted interference with the EMPLOYER'S
business or affairs by any of the said UNION and/or the members thereof, and there
shall be no bannering dunng the existence of this AGREEMENT without first using all
possible means of peaceful settlement of any controversy which may arise. Employees
engaging in same shall be liable for disciplinary action.
ARTICLE XXI • SICK LEAVE
'k0
21.1 . Sick Leave with Pay. During anyperiod in which an employee is absent from work on
sick leave with pay, the employee shall not be employed or engaged in a�ny oocupation for
-���j compensation outs�de of his/her regular employment w�th Independent School D�s��ct No.
625. Violat�on of the provision of this paragraph by any employee shall be qrounds for
• I��G� D suspension a disc�tiarge.
r'I
ARTICLE XXII - MATERNITY LEAVE
22.1 Matemity Leave. Maternity is defined as the physical state of pregnancy of an
employee, commencin� eig�it (8) months before �e estimated date of childbirth, as
determined by a physic�an, and ending six (6) months after the date of such birth. In the
event of an employee's pregnancy, the employee mayapply for leave without pay at
itsy�'onduring thhpe iod stated above and the EMPLOYER may approve such leave at
opU ,and suc lea e may be no longer than one(1)year.
� .
23 .
ARTICLE XXIII - SAFETY SHOES •
23.1 The EMPLOYER agrees to pay a30.00 toward the cost of a pair of safety shoes
purchased by an empioyee who is a member of this unit. The EMPLOYER shali
contribute toward the cost of one pair of shoes per contract year and shall not be
responsible for any additionai cost for any additionat shoes thereafter.
This reimbursement of$30.00 shall be made only after investigabon and approval by the
immediate supervisor of that employee. This $30.00 Employer contribution shall apply
only to those employees who are required to wear protective shoes or boots by the
Employer. ,
�
i
� 24 �
. ��1�/�y�
. ARTICLE XXIV - DURATION AND EFFECTIVE DATE
24.1 The Employer and the Union acknowledge that during the meeting and ne�otiating which
resuited in this Agreement, each had the right and opportuniry to make proposals with
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties aner the exercise of this right
are fully and completely set f�rth in this Agreement. An�r and sll prior sg reements,
resolutions, practices, pol�cies or rules or regulations regard�n� the terms and conditions
of employment to the extent they are inconsistent w�th th�s A$reement are hereby
superseded. In those areas where Civil Service Rules are not mconsistent with this
Agreement, the Civil Seroice Rules shall continue to be in effect.
24.2 Except as herein provided, this Agreement shall be effective as of the date it is executed
, by the parties and shall continue in futl force and effect through June 30, 1991 and
thereafter until modified or amended by mutual agreement of the parties. Either party
desiring to amend, or modify this Agreement shall notify the other in writing so as to
comply with the provisions of the Public Employment Labor Relations Act of 1971, as
amended.
24.3 This constitutes a tentative agreement between the parties which will be recommended
by the School Board Negotiator, but is subject to the approval of the School Board, the
Administration of the District, and is also subject to ratification by the Union.
WITNESSES:
• INDEPENDENT SCHOOL DI
STRICT N0. 625 DISTRICT LODGE N0. 77,
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKERS, AFL-CIO
BY: ���� BY.'� _. / :C` C�
Negotia�ons/Labor elation anager usiness Manager �
� / �'�v �- �, - �
� ate Date
BY: BY:
hair, Board _ i �
.� - 7- 90 3�_
Date ate
.
25
/I`"� y0 '/0`�°Z
(i��
• APPENDIX A
The wage rates and salary ranges for classifications in this unit are shown below:
EFFECTIVE EFFECTiVE
JULY 1. 1989 ,JUNE 30. 1990
Machinist $ 15.92 $ 16.49 ,
Mechanic-Weider 15.92 16.49
� Vehicie Mechanic 15.92 16.49
Vehicle Mechanic Leadworker 16.20 16.77
Welder 15.92 16.49
Welder Leadworker 16.20 16.77
Vehicle Mechanic Trainee
First 2,000 hours 60%of the Vehicle Mechanic base rate
Third 1,000 hours 65%of the Vehicle Mechanic base rate
Fourth 1,000 hours 70%of the Vehicle Mechanic base rate
• Fifth 1,000 hours 75%oi the Vehicle Mechanic base rate
Sixth 1,000 hours 80%of the Vehicle Mechanic base rate
Seventh 1,000 hours 85%of the Vehicle Mechanic base rate
Eighth 1,000 hours 90%of the Vehicle Mechanic base rate.
.
EFFECTIVE EFFECTIVE
' JULY 1. 1989 ,1UNE 30. 1990
�SABI �MQ�• �9.Q.I S M.4.�•
Audio Visual Equipment Repairer $13.66 $14.38 $14.23 $14.95
Equipment Repairer 13.19 13.89 13.76 14.46
.
A-1 _
Appendix A (continued) •
EFFECTIVE JULY 1. 1989 EFFECTIVE JUNE 30.iq90
�Iflal fi M4�• 1 YH• �TAflI Si M4�• 1 YR•
Food Service Equipme�
Specialist Helper $9.15 $9.41 $9.73 $9.72 a9.98 $t 0.30
Parts Runner 8.09 8.89 9.73 8.66 9.46 10.30
Communications �
Technician Helper 8.95 9.21 9.73 9.52 9.78 10.30
The above July 1, 1989 rates represent a$0.57 per hour increase over the July 3, 1988 rates.
The above June 30, 1990 rates represent a$0.57 per hour increase over the July 1, 1989 rates.
�
.
A-2
�;� yo'i°��
�
1990 - 1991
.�
. COLLECTNE BARGAINING AGREEMENT
BETWEEN
INDEPENDENT SCHOOL DISTRICT NO. 625
�
AND
THE CITY OF SAINT PAUL PROFESSIONAL
EMPLOYEES ASSOCIATION, INC.
�
�
.
SAINT PAUL PUBUC SCHOOLS �
Independent School DisVict No.625
t
Board of Education:
Margo Fox- Chairperson Bill Carlson -Member
Claudia Swanson - Vice-Chairperson Becky Montgomery- Member
Bill Finney- Clerk Eleanor Weber-Member
AI Oertwig - Treasurer
Administration: �
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
�
�
N
��U'/0�/v2
�
aVDD(
ARTICLE TITLE PAGE
Pre�le...�_�....�_..�___��________.._�......_____�_..�_.._......_�............................. iv
� I Recognibon...............�.............�_......_......._....__.._�_�.._..._..____.........._�................ 1
IISeverarxe Pay.............�......_.._.._.._..._.._.._.._.._.._......._..................�.......�........... 2
, III Mar�agemerrt RigMs..............._...................�.._.._......_.._.._..�.._..._.._.._.._..._.._... 5
IV Maintenance of Standard.....�..�._____�.�.___.�....�._........__...........�..... 5
V G�edc Off And Service Fee.................................................................................. 6
VI Hours of Work and Overtime._....__........�.�.....�.....�...._.....�._�........_._._.... 7
VII Seriority.............__._..._.............._._..._....._�.....�........__........__........__.��_..._..._...... 8
V I I I Waldng Out of Classifir,�ion............................................................................... 8
IX Disc�fine.........�_�._.._..........��..__._.
. ......................_............._....__...._........................ 9
XI..egal Servioes............................................�....._.�.._.....�._.._.�..�._.._.....�.�............. 9
� XI Grievance Procedures........_�.�._....._.......�......_......_......_�.._._�...._____........ 10
XIIWages ............._..._._..__..._____�._._....�_.�.w_.._..........�.................................... 13
XIIISaving Clause..................................�........................_.........._..........�...._................. 13
XIVk�strar�ce............�.._........_....__.....___..__��.._..___-______..__....�.__..........�.....,..... 14
XVVacation.....�.�..�.�.�..�_.�.._._..._..._._.._.__._.�..�................_........._......._.............. 17
XVII�IoGdays.........�..__.._.._�.....�__...._........____�_...�..__.._��......_�......__...................... 18
XV I I Mil�age-Irxleperxient School Disfid No.625................................................. 19
XVIII Nor�Disaimirta�on.......�.....�.._.._.._.._._.._.._.._.....�.............._._.._.._...................... 19
XIX ParentaVMabemity................................................................................................... 20
XXSidc Leave........_.�...__....__._._�._..........._...�._..._._�._.�_._......__._..........._._..._.... 20
XXIWork Stoppage......._.............._�..�._............._._�._._._�.__.�._.___.._.w.��..... 20
. XXI I Duration and Effecbve Date................................................................................. 21
ApperxfocA._...._._......_._.........._._...._...._._._.__._...._...._................�._.. A-1- A-4
•
m
!
PREAMBLE
This AGREEMENT entered into between Independent School District No. 625, hereinafter
referred to as the "EMPLOYER" and the City of Saint Paul Professional Employees
Association, Inc., hereinafter referred to as the "ASSOCIATION", for thepurpose of fostering
and promoting harmonious relations between the EMPLOYER and the ASSOCIATION in order
that a high level of public service can be provided to the citizens in the school district.
This AGREEMENT attempts to accomplish this purpose by providing a fuller and more
complete understanding on the part of both the EMPLOYER and the ASSOCIATION of their
respective rights and responsibilities. '
The provisions of this AGREEMENT shall not abrogate the rights and/or duties of the ,
EMPLOYER, the ASSOCIATION, or the employees as established under the provisions of the
Public Employment Labor Relations Act of 1971,as amended.
•
•
IV
�' �o-����
� ARTICLE I - RECOGNITION
1.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative for the
Classified Professionai Employees Group, as certifisd by the State of Minnesota Bureau
of Mediation Services, dated May 11, 1988, Case No. 88-PR-2632. This unit consists of
the following:
All classified professional employees of
Independent School District No. 625, St.
Paui, Minnesota, who are public
, employees within the meaning of Minn.
Stat. § 179.03, Subd. 14, excluding
' supervisory, confidential, and all other
employees. _
� 1.2 The rights and beneflts of provisional employees shall be governed by the City Personnel
• Rules unless such rights and benefits are specifically amended as to provisional
employees by this contract. .
�
�
� �
ARTICLE 11 - SEVERANCE PAY �
2.1 The Employer shall provide a severance pay program as set forth in this Articie.
2.2 To be eligible fcr the severance pay program� an employee must meet the following
requirements:
2.2.1 The employee must be 58 years of age or older or must be eligible for a non-
reduced pension under the provisions of the Public Employees Retirement
Assxiation (PERA). For Distr�ct employees covered by a pension plan other
than PERA, such employees must be eligible for a non-reduced pension under
the provisions of that particular pension plan. •
2.2.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those -
employees who are dischar�ed for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this
severance pay program.
2.2.3 The employee must have at least ten (10) years of consecutive service under
the classified or unclassified Civil Service at the time of separation. For the
purpose of this Article, employment in either the City of Saint Paul or in
�ndependent School District No. 625 may be used in meetmg this ten- (10)year
service requirement.
2.2.4 The employee must file a waiver of re-employment with the Director of .
Personnet, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
2.2.5 The employee must have accumulated a minimum of sixty (60) days of sick
leave credits at the time of his separation from service.
2.3 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 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 max�mum of 200
accrued sick leave days.
2.4 The maximum amount of money that any employee may obtain through this severance
pay program is$6,500.
2.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, rf the employee would have met all of the
requirements set forth above at the t�me of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
�
2
�;� �o -io�a
� ARTICLE II - Severance Pay (conbnued)
2.6 For the purpose of this severance pay pro$ram, a transfer from Independent School
District No. 625 employment to City of Samt Paul employment is not considered a
separation of employment, and such transferee shall not be eligible for this severance
program.
2.7 The manner of payment of such severance pay shall be made in accordance with the
provisions of the School District Severance Pay Plan already in existence.
2.8 This severance pay program shall be subject to and $overned by the original School
• District Severance Pa� Plan (which allows $4,000 ma�amum payment), except in those
cases where the spec�f�c prov�s�ons of this Article conflict with sa�d Severance Pay Plan
and in such cases, the provisions of this Article shall control.
2.9 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the
qual�f�cations of this Article 2.1 through 2.8, draw severance pay. However, an election
by the employee to draw severance pay under either this Article or the original School
District Severance Pay Plan (which allows $4,000 maximum payment) shall constitute a
bar to receiving severance pay from the other.
2.10 An employee hired after December 31, 1983 and prior to October 20, 1988 shall�be
entitled to the benefits of 2.1 through 2.8 of this Article upon meeting the qualifications of
Articles 2.1 through 2.8.
� 2.10.1 The provisions of the above Articles 2.1 through 2.9 shall apply only to
employees hired prior to the date of the signing of this AGREEMENT.
2.11 For employees hired on or after October 20, 1988�pJy the severance pay provided in the
following Articles 2.12 through 2.18 shall apply.
2.11.1 Employees hired prior to December 31, 1983, who meet the stated
requirements, shall be eligible for severance pay, based on the provisions of
2.12 through 2.18, but election of this plan shall create a bar to participation in
either plan listed in 2.9 above.
� 2.12 Effective October 20, 1988 the EMPLOYER shall provide a severance pay program as
set forth in Articles 2.13 through 2.18.
� 2.13 To be efigible for the severance pay program, an employee must meet the following
requirements:
2.13.1 The employee must be voluntarily separated from District employment or have
been subject to separation by lay-off or compulsory retirement. Those
employees who are dischar�ed for cause, misconduct, inefficiency,
incompetency, or any other disciplinary reason are not eligible for the District
severance pay program.
2.13.2 The employee must file a waiver of reemployment with the Directors of
Personnel, Independent School District No. 625 and City of Saint Paul, which
� will clearly indicate that by requesting severance pay, the employee waives all
claims to re�nstatement or reemployment (of any type), with the City or with
Independerrt School Distr�ict No.625.
3
ARTICLE II - Severance Pay (continued) �
2.13.3 The employee must have an accumulated balance of at least ei�ht (80) days
of sick leave aedits at the time of his separation from service.
2.14 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 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 as shown
below based on the number of years of service.
Years of Service Maximum
with the District (City) �everance Pav '
At least 2o sa,000
21 4,600
22 5,200
23 5,800
24 6,400
25 7,000
2.15 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.
2.16 For the purpose of this severance pay program, a transfer from fndependent School �
District No.625 employment to City of Saint Paul employment is not considered a
separation of employment, and such transferee shall not be eligible for the District
severance pay program.
2.17 The manner of payment of such severance pay shall be made in accordance with the
provisions of the or�ginal School District Severance Pay Plan cited in 2.6 above.
2.18 This severance pay program shall be subject to and governed by the provisions of the
original School D�stnct Severance Pay Plan cited in 2.8 above, except m those cases
where the specific provisions of this Article conflict with said Plan and in such cases, the � '
provisions of this Article shall con�ol.
�
4
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� ARTICLE III - MANAGEMENT RIGHTS
3.1 The ASSOCIATION recognizes the right of the EMPLOYER to operate and manage its
affairs in all respects in accordance w�th applicabie laws and regulafions of appropriate
authorities. The rights and authority which the EMPLOYER has not officially abridged,
delegated or modified by this Agreement are retained by the EMPLOYER.
3.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy,which includa, but are not limited to, such areas of discretion or policy
as the funct�ons and programs of the EMPLOYER, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
personnel.
� ARTICLE IV - MAINTENANCE OF STANDARDS
4.1 The parties agree that all conditions of emptoyment relating to wages,hours of work,
vacations, and all other general working conditions except as modified by this Agreement
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 (Resolution No. 3250), and the Saint Paul
Salary Plan and Rafes of Compensation at the time of the signing of this Agreement,
and the conditions of employment shall be improved wherever specific provisions for
improvement are made elsewhere in this Agreement.
�
�
5
ARTICLE V - CHECK OFF AND SERVICE FEE �
5.1 The EMPLOYER agrees to deduct the ASSOCIATION membership initiation fee
assessments and once each month dues ftom the pay of those employees 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 ASSOCIATION and the
aggregate deductions of all 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 as is possible.
5.2 Any present or future employee who is not an ASSOCIATION member shall be required
to contribute a fair share fee for services rendered by the ASSOCIATION. Upon
notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the �
earnings of the em ployee and transmit the same to the ASSOCIATION. In no instance
shall the fair share fee exceed 85%of the membership dues. It is also understood that in
the event the EMPLOYER shall make an improper fair share deducction from the earnings �
of an employee, the ASSOCIATION shall be obligated to make the EMPLOYER whole to
the extent that the EMPLOYER shall be required to reimburse such employee for any
amount improperly withheld. This provision shall remain operative only so long as
specifically provided by Minnesota law,and as otherwise legal.
5.3 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against
any and all claims, suits, orders or judgments brought or issued against the EMPLOYER
as a result of any action taken or not taken by the EMPLOYER under the provisions of
this Article.
5.4 The ASSOCIATION agrees that a service fee of fifty cents ($0.50) per member, per �
month shall be deducted by the EMPLOYER from the amount withheld for dues or fair
share prior to remittance of dues or fair share to the ASSOCIATION.
�
s
� �� -/ay'�
� ARTICLE VI - HOURS OF WORK AND OVERTIME
6.1 The normai hours of work for the employee shall be a minimum of seven and three-
fourths 7 3/4) hours in any twen four (24) hour period and thirtyeight and three-
fourths �38 3/4) hours in a seven (� day period. For employees on a shift basis this
shall be construed to mean a minimum average of thirty-eight and three-fourths (38 3/4)
hours a week.
6.2 Employees who work more than seven and three-fourths (7 3/4) hours in any 24-hour
per�od or more than thirty-eight and three-fourths (38 3/4) hours in any 7-day period
shall not receive pay for such additional work except as in 6.4 below.
6.3 It is understood by the parties that Section 28H - OVERTIME COMPENSATION of
Resolution No. 3250 shall not appiy to this unit
6.4 In unusual circumstances a department head may grant employees who work more than
seven and three-fourths (7 3/4) hours in any twentyfour (24) hour period or more than
thirty-eight and three-fourths (38 3/4) hours in any particular 7-day period
compensatory time or pay on a straight time basis for the extra hours worked. The
method of this compensation shall be determined solely by the EMPLOYER.
�
•
. 7
ARTICLE VII - SENIORITY �
7.1 Seniorit�r, for the purpose of this AgreemeM, shall be defined as fcllows: The length of
continuous, regular, and probationar� service with the EMPLOYER from�the date an
employee was f�rst certfied and appointed to a class title covered by this Agreement, it
being further understood that sernor�ty is confined to the current class assignment held by
an employee. In cases where iwo or more employees are appointed to the same class
title on the same date, the seniority shall be determined by the employee's rank on the
eligible list from which certificati�n was made.
7.2 Seniority shall terminate when an employee retires, resigns or is discharged.
7.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work '
force, employees will be laid off by class title within each Department based on inverse
length of seniority as defined above.
7.4 In cases where there are promotional series, such as Engineer I, II, II, etc., when the
number of employees in the higher ti�es is to be reduced, employees who have held lower
tities will be offered reductions to the highest title to which class seniority would keep
them from being laid off, before layoffs are made by any dass tide in any department.
7.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire
after two years of layoff. It is understood that such employees will pick up their former
seniority date in any class of posibons that they previously held.
7.6 To the extent possible, vacation period shall be assigned on the basis of seniority. It is,
however, understood that vacation assignment shall be subject to the ability of the �
EMPLOYER to maintain operations.
ARTICLE VIII - WORKING OUT OF CLASSIFICATION
8.1 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) consecutive working days shall receive �
the rate of pay for the out-of-class assignment in a higher classification not later than
the sixteenth (16th) day of such assi�nment. For purposes of this Article, an out-of-
class assignment is defined as an assignment of an employee to perform, on a full-time �
basis, all of the significant duties and responsibilities of a position different from the
employee's regular position, and which is in a classification higher than the classification
held by such employee. The rate of pay for anapproved out-of-dass assi�nment shall be
the same rate the employee would receive if such employee rece�ved a regular
appointment to the higher classification.
.
s
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ARTICLE IX - DISCIPLINE
�
9.1 The EMPLOYER will discipline employess for just cause only. Discipline will be in the
• form of: -
� 9.11 Written reprimand;
9.12 Susper�sion;
9.13 Reduction;
9.14 Discharge.
9.2 Suspensions, reductions,and discharges will be in written form.
• 9.3 Employees and the ASSOCIATION will receive copies of written reprimands and
notices of suspension and discharge.
- 9.4 Employees may examine all information in their EMPLOYER personnel files that
concerns work evaluations, commendations and/or disciplinary actions. Files may be
examined at reasonable bmes under the direct supervision of the EMPLOYER.
9.5 Discharges will be preceded by a five- (5) day preliminary suspension without pay.
During said period, the employee and/or ASSOCIATION may request and shall be
entitled to a meeting with the EMPLOYER re resentative who �nitiated the suspension
with intent to discharge. During said five- (5�day period, the EMPLOYER may affirm
the suspension and d�scharge in accordance with Civil Service Rules or may modify or
withdraw same.
� 9.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that an ASSOCIATION Representative be present.
9.7 A grievance relating to this Article shall be processed in accordance with the grievance
procedure of this Agreement in Article XI and M.S. 179A20, Subd. 4. This provision is
not intended to abrogate rights of veterans pursuant to statute.
ARTICLE X - LEGAL SERVICES
10.1 Except in cases of malfeasance in office or willful or wanton neglect of duty,
. EMPLOYER shall defend, save harmless and indemnif� employee against any tort
claim or demand, whether groundless or otherwise, ansing out of alleged acts or
omission occurring in the performance or scope of employee's duties.
10.2 Noiwithstanding (10.1), the EMPLOYER shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where the
employee is the plaintiff.
�
9
ARTICLE XI - GRIEVANCE PROCEDURE �
11.1 The EMPLOYER shall recognize stewards selected in accordance with
ASSOCIATION rules and regulations as the grievance representatives of the
bargaining unit. The ASSOCIATION shall notify the EMPLOYER in writing of the
names of the stewards and of their successors when so named.
11.2 It is recognized and accepted by the EMPLOYER and the ASSOCIATION that the
processing of grievances as hereinafter provided is limited by the 1'ob duties and
responsib�l�ties of the employees and shall therefore be accomplished durin$ normal
working hours only when consistent with such employee duties and responsibilities. The
steward involved and a grieving employee shall suffer no loss in pay when a grisvance
is processed during working hours,provided the steward and the employee have notified �
and received the approval of their supervisor ro�be absent to process a grievance and
that such absence would not be detrimental to the work programs of the EMPLOYER. .
' 11.3 The procedure established by this Article shall be the sole and exclusive procedure for
the prxessing of grievances,which are defined as an alleged violation of the terms and
conditions of this AGREEMENT.
11.4 Grievances shall be resolved in conformance with the following prxedure:
�1. Upon the occurrence of an alleged violation of this AGREEMENT, the
employee involved with or without the steward shall attempt to resolve the
matter on an informal basis with the employee's supervisor. If the matter is
. not resolved to the employee's satisfaction by the informal discussion, it may
be reduced to writing and referred to Step 2 by the ASSOCIATION. The �
� written grievance shall set forth the nature of the grievance, the facts on
which it is based, the alleged section(s) of the AGREEMENT violated, and
relief requested. Any alleged violation of the AGREEMENT not reduced to
writing by the ASSOCIATION within seven (7) work days of the first
occurrence of the event giving rise to the grievance, shall be considered
waived.
,�g�,�. Within seven (7) work days after receiving the written grievance, a
designated EMPLOYER supervisor shall meet with the ASSOCIATION
steward and attempt to resolve the grievance. If, as a result of this � �
meeting, the grievance remains unresolved, the EMPLOYER shall reply in
writing to the ASSOCIATION within three (3� work days following this
meeting. The ASSOCIATION may refer the grievance in writing to Step 3 �
within seven (7) work days followin$ receipt of the EMPLOYER'S written
, answer. Any gnevance not referred in writing by the ASSOCIATION within
seven (� work days following receipt of the EMPLOYER'S answer shall be
considered waived.
�
t0 •
� 9�-���
iArticle XI -Grievance Prxedure (continued)
SIT. Within seven (7) work days following receipt of a grievance teferred from
Step 2, a designated EMPLOYER supervisor shall meet with the
ASSOCIATION'S representative or his designated representative, the
Employee, and the Steward, and attempt to resolve the gnevance. Within
seven (7� work days following this meeting, the EMPLOYER shall reply in
writin� to the ASSOCIATION stating the EMPLOYER'S answer concerrnng
the gnevance. If, a� a result of the written response, the grievance remains
unresolved, the ASSOCIATION may refer the rievance to Step 4. Any
grievance not referred in writing by the ASSO�IATION to Step 4 within
• seven (7) work days following rece�pt of the EMPLOYER'S answer shall be
considered waived.
- �te�. If the grievance remains unresolved, the ASSOCIATION may within seven
(7) work days after the response of the EMPLOYER, request arbitration of
the grievance. The arbitration proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the EMPLOYER and the
ASSOCIATION within seven (� work days after notice has been given. If
the parties fail to mutually agree upon an arbitrator within the said seven
�7) day period, either party may request the Public Employment Relations
oard to subm�t a panel of five (5) arbitrators. Both the EMPLOYER and
the ASSOCIATION shall have the right to strike two (2) names from the
panel. The ASSOCIATION shall strike the first (1st) name; the
EMPLOYER shall then strike one (1) name. The process will be repeated
� and the remaining person shall be the arbitrator.
11.5 The arbitrator shall have no nght to amend, modify, nullify, ignore, add to or subtract
from the provisions of this AGREEMENT. The arbitrator shall consider and decide
only the specific issue submitted in writing by the EMPLOYER and the
ASSOCIATION, and shall have no authorit�r to make a decision on any other issue not
so submitted. The arbitrator shall be without power to make decisions contrary to or
inconsistent with or modifying or varying in any way the application of laws, rules or
regulations havin� the force and effect of law. The arb�trator's decision shall be
submitted in writmg withm thirty (30) days following close of the hearing or the
� _ submission of briefs by the parties, whichever be later, unless the parties agree to an
extension. The decis�on shall be based solely on the arbitrator's interpretation or
application of the express terms of this AGREEMENT and to the facts of the
. grievance presented. The decision of the arbi�ator shall be final and binding on the
EMPLOYER, the ASSOCIATION, and the employees.
11.6 The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the EMPLOYER and the ASSOCIATION, provided that eachparty shall be
respons�ble for compensating its own representatives and witnesses. If either party
desires a verbatim record of the prxeedings, it may cause such a record to be made,
providing it pays for the record.
11.7 The time limits in each step of this procedure may be extended by mutual agreement of
the EMPLOYER and the ASSOCIATION.
�
��
Article XI -Grievance Procedure (continued) �
11.8 it is understood by the ASSOCIATION and the EMPLOYER that if an issue is
determined by this grievance procedure, it shall not again be submitted for
determination in another forum. If an issue is determined by any other forum, it shall
not again be submitted for arbitration under this grievance prxedure.
�
�
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• ARTICLE XII -WAGES
12.1 Effective December 30, 1989, all salary rates applicable to titles in this bargaining unit
shall be increased five per cent(5.0%). -
12.2 Effective December 29, 1990, all salary rates applicable to titles in this bargaining unit
shall be increased five per cent(5.0%).
12.3 The wage schedule is attached for purposes of reference only and is not a part of this
contract.
12.4 Notwithstanding 12.1 and 12.2, salary rates shall be reduced in the amounts necessary
� to equalize payment to individual employees who receive different pension benefits.
ARTICLE XIII - SAVING CLAUSE .
13.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In
the event any provisions of this Agreement shall be held to be contrary to law by a
court of competent jurisdic�on from whose final judgment or decree no appeal has been
taken within the time provided, such provisions shall be voided. All other provisions
shall continue in full force and effect. The voided provision may be renegotiated at the
� written request of either party. All other provisions of this Agreement shall continue in
full force and effect.
•
13
ARTICLE XIV - INSURANCE
•
14.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for
employees such health and life insurance premium con�ibutions as are provided by
EMPLOYER at the time of execution of this AGREEMENT.
14.2 The EMPLOYER will for the period of this AGREEMENT contribute for full-time
employees who retire after December 31, 1987 and who select a health insurance plan
provided by the EMPLOYER and until such retirees reach sixty-�ive (65) years of age,
the cost of such retiree coverage or $106.32 per month whici�ever is less. For such
retirees selectin famity coverage the EMPLOYER will provide the cost of such
contributions or �318.41 per month, whichever is less. �nrovision shall not be
aQ�licable for em�,Qyees aopointed after Jan�ary 1. 1 q0 .
14.2.1 For full-time employees appointed January 1, 1990, to a title in this bargaining
unit, the Employer will, for the period of this AGREEMENT, provide for such �
employees who retire after the execution of this AGREEMENT, and who
select a health insurance plan provided by the EMPLOYER, and unfil such
retirees reach sixty-five (65) years of age, health insurance premium
con�ibutions up to the dollar amount per month provided by the EMPLOYER
in the last month of active service of the employees.
14.3 The EMPLOYER will for the period of this AGREEMENT provide for half-time
employees who retire after the time of execution of this AGREEMENT and until such
employees reach sixty-five (65) years of age fi� percent (50%) of such health
insurance contributions and life insurance contn utions as are provided by the
EMPLOYER for full-time employees who retire under this AGREEMENT. �
14.4 Employees who retire after the execution of this AGREEMENT must meet the
following conditions at the time of retirement to be eligible for the District contributions
to health insurance set forth in Article 14.2 and 14.3.
14.4.1 Be receiving benefits from a public employee retirement act at the time of
retirement.
AND
14.4.2 Have severed the employment relationship with Independent School District
No. 625 under one of the early retiree plans. _
14.5 Effective January 1, 1989 in addition to meeting the eligibility requirements stated in
t4.4.1 and 14.42 above, refiring emplo�rees must also meet the following condition in .
order to be eligible for the early retiree insurance benefits set forth in Article 14.2 and
14.3.
14.5.1 Must be at least 58 years of age and have completed 25 years of
emplOoyment with Independent School District No. 625/City of Saint Paul
R
The combination of their age and their years of service must equal eighty-
�ve (85) or more.
bR
Must have completed at least thirty (30) years of service.
•
14
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• Article XIV- Insurance (continued)
14.6 Effective January 1, 1989, full-time employees who retire and who meet the conditions
set forth in 14.4.1 and 14.4.2 but who meet n�ne of the c�nditions set forth in 14.5.1,shall
be eligible for the following percentages of the amount contributed by tl�e EMPLOYER
toward health insurance for active employees in the same health plan. Such retirees
shall be eligible for such contribution until they reach sixtyfive (65) years of age.
Combination of Age Contribution for Con�ibution for
and Years of Service Si�Je Coveraae Family Covera�
84 90� 90%
� 83 80°k 80%
82 7096 70°k
81 60� 60%
80 50% 50%
14.7 For employees hired prior to January 1, 1982 who retire at a�e sixty five (65) or older,
the EMPLOYER will provide health insurance premium contributions toward emplo ee
health insurance plans as are provided for by the EMPLOYER for retirees sixty five �65)
years of age or older as approved by Board of Education action.
14.8 For employees hired on or after January 1, 1982 who retire at the age of 65 or older or
for early retirees upon reachinQ ag e 65, and who have c�mpleted at least twenty (20)
years of service with the DistncUCity at the time of their retirement, the EMPLOYER
w�ll provide health insurance premium contributions toward employee health insurance
� plans as are provided by the EMPLOYER for retirees 65 years of a$e or older as
approved by Board of Education action. For such employees or early rebrees who have
not completed at least twenty (20) years of service with the DistricUCity at the time of
their retirement, the EMPLOYER will discontinue providing any health insurance
contributions upon their retirement or in the case of early retirees upon reaching age 65.
For purpose of this article, employment in either the City of Saint Paul or Independent
School Distnct No. 625 may be counted in meeting the iwenty (20) year requirement,
except for service prior to a resignation.
14.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a
� DistricUCity retiree or DistricUCity employee and eligible for and is enrolled in the
DistricUCity heafth insurance prc�gram.
� 14.10 For each eligible employee covered by this AGREEMENT who is employed full-time and
who selects employee insurance coverage, the EMPLOYER agrees to contribute the cost
of such coverage or$85 per month,whichever is less. For each full-time employee who
selects family coverage, the EMPLOYER will contribute the cost of such family
coverage or$195 per month,wh�chever is less.
14.10.1 Effecctive February 1, 1990 the contribution limits spec'�'ied in Section 14.10
above are amended to a maximum contribution of $105 per month for
employee coverage, or a maximum contribution of $215 per month for
family coverage.
�
15
Article XIV - Insurance (continued) •
14.10.2 Effective January 1, 1991 t�e contribution (imits specified in�ection 14.10
above are amended to a maximum contribution of $112 per month for
employee coverage, or a maximum con�ibution of $222 per month for
family coverage.
14.11 For the purpose of this Article 14, full-time employment is defined as appearing on the
payroll at least 32 hours per week or at least 64 hours per pay penod excluding
overhme hours. Half-time employment is defined as appearing on the payroll at least
20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours
per pay period excluding overtime hours. -
14.12 For each eligible employee covered by this AGREEMENT who is employed half-time
who selects employee insurance coverage, the EMPLOYER agrees to contribute fifty
percent (50%) of the amount contributed for full-time employees selecting employee
coverage �n the same insurance plan. For each half-time employee who selects fam�ly
insurance coverage, the EMPLOYER will contribute fifty percent (50%) of the amount
contributed for full-time employees selecting family coverage in the same insurance
P�•
14.13 The District agrees to contribute the cost of life insurance. The amount of life
insuranceprovided under this Article 14.13 shall be equal to the employee's annual
salary to the nearest full thousand dollars. This amount of life insurance shall be
reduced to$5,000 upon retirement and shall conbnue until the early retiree reaches age �
65, at which time all employer paid life insurance shall be terminated. For the purpose
of this Article 14.13, the employee's annual salary shall be based on the salary as of
the first day of the first payroll period in each fiscal year of this AGREEMENT.
14.14 The contributions indicated in this Article 14 shall be paid to the EMPLOYER'S group
health and welfare plan.
14.15 Any cost of any premium for any District-offered employee or family insurance
ooverage in excess of the dollar amounts stated in this Article 14 shall be paid by the
employee. -
14.16 It is the intent of the EMPLOYER to initiate during the term of this AGREEMENT a �
plan for medical and child care expense aocounts ta be available to employees in this
bargaining 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.
�
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. ARTICLE XV - VACATION
15.1 In each calendar year, each full-time employse shall be granted vacation according to
the following schedule: �
Years of Service Vacation Granted
Less than 8 years 15 days
After 8 years through 15 years 20 days
After 15 years and thereafter 25 days.
Employees who work less than full-time shali be granted vacation on a pro rata basis.
- 15.2 The head of the department may permit an employee to carry over into the following
year up to ten days' vacation.
15.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and
Rates of Compensation,Section I, Subdivision H.
15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and
eighty days, he/she may convert any part of such excess to vacation at the rate of
one-half day's vacation for each day of sick leave credit. No employee may convert
more then ten (10) days of sick leave m each calendar year under this provision.
�
•
17
ARTICLE XVI - HOLIDAYS •
16.1 Hofidays Recognized and Observed - The following days shall be recognized and
observed as pa�d holidays:
New Year's Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day '
Thanksgiving Day
Christmas Day
Two floating holidays. �
Eligible employees shall receive pay for each of the holidays listed above on which they
perform no work. Whenever any of the holidays listed above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday,the succeeding Monday shall be observed as the holiday.
16.2 The floating holidays set forth in Section 16.1 above may be taken at any time during
the contract year, subject to the approval of the Department Head of any employee.
� 16.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee's •
name must appear on the payroll on any six working days of the nine working days
preceding the holiday or an employee's name must appear on the payroll the last
working day before the holiday and on three other working days of the nine working
days precedmg the holiday. In neither case shall the holiday be counted as a working
day for the purposes of this section. It is further understood that neither temporary
rror other employees not heretofore eligible shall receive holiday pay.
16.4 In the case of Board of Education employees, if Martin Luther King Day, Presidents'
Day, Columbus Day or Veterans' Day falls on a day when school is in sess�on, the
employees shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day on which school is not in session and �
shall be determined by agreement between the employee and the supervisor.
�
18
�" 90 -�a��
• ARTICLE XVII - MILEAGE• INDEPENDENT SCHOOL DISTRICT N0. 625
17.1 Employees of the School District under policy adopted by the Board of Education may be
reimbursed for the use of their automobiles for school business. To be eligible for such
reimbursement, employees must receive authorization from the District Mileage
Committee utilizing the following plan:
" ", effective with the adoption of this Agreement, is reimbursed at the
rate of 23� per mile. In addition, a maximum amount which can be paid per
month is established by an estimate furnished by the employee and the
employee's supenrisor.
� Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar posi�on.
� Under this plan, it is necessary for the employee to keep a record of each trip
made.
ARTICLE XVIII - NON-DISCRIMINATION
18.1 The terms and conditions of this AGREEMENT will beapplied to employees equally
without regard to or discrimination for or against any individual because of race, color,
• creed, sex,age, or because of inembersh�p or non-membership in the ASSOCIATION.
18.2 Employees will perform their dubes and responsibilit�es m a non-discnminatory manner
as such duties and responsibilities involve other employees and the general public.
�
19
ARTICLE XIX - PARENTAVMATERNITY •
19.1 Maternity is defined as the physical state ofpregnancy of an employee; commencing
eight (8) months before the estimated date of childbirth, as determined by a physician,
and endmg six (6) months after the date of such birth. In the event of an employee's .
pre�nancy, the employee may apply for leave without pay at any time durir� the
perhod stated above�and the EMP�LOYER may approve such leave at its option, and
suc ea e ay be o longe tha one (1) year. Parental leave shall be granted to
employees for the birth or ad��tion of a child in accordance with applicable state laws.
ARTICLE XX - SICK LEAVE
20.1 Sick leave shall be earned and granted in axordance with the Civil Service Rules.
20.2 Any employee who has enough accumulated sick leave credits may be granted sick
leave to make arrangements for household members who suddenly become sick or
disabled. In such cases, the maximum amount of sick leave that may be granted shall
be eight (8) hours for any one (1) instance, and a maximum of lwenty-four (24) hours
in a calendar year.
20.3 Any employee who has accumulated sick leave credits, as provided in the Civil Seroice
Rules, may be granted one day of sick leave to attend the funeral of the employee's
grandparent or grandchild. •
ARTICLE XXI - WORK STOPPAGE
21.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes, work
stoppages, slow-downs, sit-down, stay-in or other concerted interference with the
EMPLOYER'S business or affairs by any of said ASSOCIATION and/or members
thereof, and there shall be no bannering during existence of this AGREEMENT without .
first using all possible means of peaceful settlement of any controversy which may
arise. Employees engaging in same shall be liable for disciplinary action.
�
20
� yp—tD��
. ARTICLE XXII - DURATION AND EFFECTIVE DATE
22.1 Except as herein provided, this AGREEMENT shali be effective as of January 1, 1990
snd shali continue �n full force and effect lhrough December 31� 1991, and fhereafter
until modified or amended by mutual agreement of the parties. Either party desiring to
amend or modify this AGREEMENT shall notify the other in writing so as m comply
with the provisions of the Public Employment Labor Relations l�t of 1971�as amended.
22.2 This constitutes a tentative agreement between the parties which will be recommended
by the School District Negotiator, but is sub'ect to the spproval of the Board of
Education of Independent School District No.6�5 and is also subject to ratification by
the ASSOCIATION.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT N0. 625 THE CITY OF SAINT PAUL
PROFESSIONAL EMPLOYEES
ASSOCIATION, INC.
By: �� �' gy: �c��,�, �., D.
Negotj tions/Labor Rela s Manager res�dent
�
• <
By: By:
hair, Boa tion
!P�� � a; �990
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21
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(�yo-io��
�
1990 - 1991
. ..
LABOR AGREEMENT
between
INDEPENDENT SCHOOL DISTRICT NO. 625
and
� �
CITY OF SAINT PAUL
MANUAL AND MAINTENANCE
SUPERVISORS ASSOCIATION
� �
��od d
� u�� � LKEIONC IEARNING '
�BLIC SCHOOLS
� '
•
SAINT PAUL PUBLIC SCHOOLS
Independent School Dis�ict No.625 ,-, '
Board of Education: �
Margo Fox - Chairperson Bill Carlson- Member
Claudia Swanson - Vice-Chairperson Becky Montgomery- Member
Bill Finney-Clerk Eleanor Weber-Member
AI Oertwig - Treasurer
Administration: •
Dr. David A. Bennett - Superintendent
Dr. David W. M. Frye - Assaciate Superintendent,
Curriculum and Instruction
Dr. Curman L. Gaines - Associate Superintendent,
Administrative Services
•
ii
. ��������/°2
•
NI DD(
ARTICLE TITLE PAGE
I Purpose of Agreement........_..............._..............._............................................ 1
IIReoognition........._....�....�....._____..____.__...._..�_�............._..............._�........_... 2
, iII Mainterrarx;e of St�r�dards................................................................................ 3
IVEmpbyer Secxniiy....._....._.....�...._....._.................._............................................ 3
VEmployer Authority......_.._......_...�.__.�._..._�......_......_._......_.�...�................ 3
VI Association Security_......_�.�.__.._..............�....._...._........................_............ 4
VI I Employee Rights-Grievance Prooedure................................................... 5
VIII Savirx,�Clause........�....._.........._.._.._..�:_.._......_.._.._.....................�................. 8
IXSeniority.................._................_.._..._...................._........................._....................... 9
XDisc�pGne.....................___.................______..__�_��___�._��__......_.._.................. 10
XI Constitutional Protection__..__._............_._........_...�.._...._........_.._........... 11
XII Overtime and Premiums..................................................................................... 11
XII I Uniforms................_........�.....__�_.....�...._.._.............._____....................�_............. 12
� XIV Vacation.._._........�._........._.........._�._........�....�._.....�._..._..__.�._.__.�._..__... 12
XVHoGdays....................�..____.._.._...________.._�........._........_..__.....___................. 13
XVIInst�ar�ce..............................�..........___......�.........._......__....___.._____.._.............. 14
XV I I Mileage-Indeperxient Sdiool Distric�t No.625......................................... 17
XVIIISeverar�ce Pay.........._......._............�.._...�..........._..._.._............_.._......._.._....... 18
XIX Worfang Out of Classification.......................................................................... 20
XXParent�l L.�ve......�..._....�..._........._...._..._...._..._..............:................_...._........ 20
XXI No Str�ce,No Lodrout..........................................._............................................ 21
XXII Right to Subcontract_.__�....�._�..�_.....�._�.____..._..____.____.�... 21
XXIIIWages ..............................__......_................�.__._............�._._.....__.__............ 21
• XXIV Term of Agreement..______.�.�....__..__._�......__........._._.....�......_...... 23
APPendix..........................._...........�._............._......................_................................ A 1
�
ai
�yo-�o��
• ARTICLE i - PURPOSE OF AGREEMENT
1.1 This AGREEMENT is entered into between Independent School District No. 625,
hereinafter called the EMPLOYER, and the City of Saint Paul Manual and Maintenance
Supervisors' Assxiation, hereinafter called the ASSOCIATION.
1.1.1 Assure sound and mutually beneficial working and economic relationships
between the parties hereto;
1.1.2 Establish procedures for the resolution of disputes concerning this
AGREEMENTS interpretation and/or application; and
" 1.1.3 Place in written form the parties' agreement upon terms and conditions of
employment for the duration of this AGREEMENT.
' 1.2 The EMPLOYER and the ASSOCIATION through this AGREEMENT shall continue their
dedica�on to the hi$hest quali� public service to the residents of the City of Saint Paul.
Both parties recogrnze this AG EEMENT as a pledge of this dedication.
�
,
�
t .
ARTICLE II - RECOGNITION �
2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under
the Public Empioyment Labor Relations Act of 1971 as amended, for all personnel in the
following b�rgaming unit:
All manual maintenance supervisors in the classification of Facility Operations
Coordinator I, Facility Operations Coordinator II, Food Service Equipment
Specialist, and Grounds and Labor Supervisor, who are emplo ed for more than
fourteen (14) hoursper week and more than sixty seven (6� work days per
year by Independent School District No.625,excluding all other employees.
2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the -
inclusion or exclusion of a new or modified job class, the issue shall be submitted to the
Bureau of Mediation Services for determination. If is understood that this provision shall
refer to the Bureau of Mediation Services only such issues as it has jurisdiction over by •
• law.
2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of
employment with the em�loyees of the bargaining unit under the jurisdiction of this
AGREEMENT either individually or collecbvely which in any way confficts with the terms
and conditions of this AGREEMENT, except t(�rough the certified representative.
2.4 Neither the ASSOCIATION nor the EMPLOYER shall discriminate against any
employee because of ASSOCIATION membership or nonmembership, or because of his
race, color,sex, religion, national origin or political opinion or affiliations. �
2.5 All existing Civil Service Rules shall apply except those superseded by this
AGREEMENT.
�
2
�q�io��
� ARTICLE Iil - MAINTENANCE OF STANDARDS
3.1 The Cityag rees that all conditions of employment relating to wages, hours of work,
overtime differentials, vacations, and general working conditions shall be maintained at
not less than the highest minimum standard as set forth in the Civii Setvice Rules of the
City of Saint Paul at the time of the signing of this AGREEMENT, and the conditions of
employment shall be improved wherever specific provisions for improvement are made
elsewhere in this AGREEMENT.
ARTICLE IV - EMPLOYER SECURITY
4.1 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause,
• encourage, participate m or support any strike, slow-down or other interruption of or
� interference with the normal functions of the EMPLOYER.
ARTICLE V - EMPLOYER AUTHORITY
5.1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities,
and equipment in accordance witF� applicable laws and regulations of appropriate
• suthorities.
5.2 Any terms and conditions of employment not specifically established or modified by this
AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify,
establish or eliminate. ' '
5.3 The exercise by the EMPLOYER of, or its waiver of or its failure to exercise its full
right of management or decision on any matter or oocasion, shall not be a precedent or
be binding on the EMPLOYER nor the subject or basis of any grievance not admissibte in
any arbitrat�on proceeding. The EMPLOYER'S right of management shall not be
amended or lim�ted by any claimed or unwritten custom, past practice or informal
agreement nor by any claim the EMPLOYER has claimed or condoned or tolerated any
- pract�ce or any act or acts of any employees.
5.4 A public EMPLOYER is not required to meet and negotiate on matters of inherent
� managerial policy which include, but are not limited to, such areas of discretion or policy
as the functions and pro�rams of the EMPLOYER, its overall budget, utilization of
technology and organizat�onal structure and selection and direction and number of
Personnel•
�
3
ARTICLE VI - ASSOCIATION SECURITY �
6.1 The EMPLOYER shaii deduct from fhe wages of the employees who authorize such a
deduction in writing an amount necessary to cover month�y ASSOCIATION dues. Such
monies shall be remitted as directed by the ASSOCIATION.
6.2 The ASSOCIATION may designate employees from the bargaining unit to act as
stewards and alternates and shall mform the EMPLOYER in writing of such choices and
of changes in the positions of stewards and/or alternates. It is further understood that
the number and locations of stewards shall be limited and confined to numbers and
locations as are necessary and reasonable to administer the provisions of this
� AGREEMENT.
6.3 The EMPLOYER shall make space available on the employee bulletin board for the
posting of ASSOCIATION notice(s) and announcement(s).
- 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against
any and all daims, suits, orders or judgments brought or issued against the EMPLOYER
as a result of any action taken or not taken by the EMPLOYER under the provisions of
this Article.
6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the
ASSOCIATION stewards shall be allowed to Qost official ASSOCIATION natices of the
designated representatives; transmit commurncations authorized by the ASSOCIATION
or its officers under the terms of this contract; consult with the EMPLOYER, hislher
representative, ASSOCIATION officers or the ASSOCIATION representative
concerning the enforcement of any provisions of this AGREEMENT, so (ong as such ,
action does not interfere with regular employee duties and is reasa�able and necessary.
6.6 Stewards are authorized to perform and discharge the duties and responsibilities which
are assigned to them under the terms of this AGREEMENT and any supplementary
AGREEMENTS. The EMPLOYER agrees that there shall be no restramt, interference,
coercion or discrimination against a steward because of the performance of such duties.
6.7 Any present or future employee covered by this AGREEMENT who is not an
ASSOCIATION member shatl be required to contribute a fair share fee for services
rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the
EMPLOYER shall check off said fee from the earnings of the emplo�ree and transmit the �
same m the ASSOCIATION. In no instance shall the required contr�bution excsed a pro
rata share of the specific expenses incurred br services rendered by the representative
in relationship to ne�obations and administration of grievance procedures. This provision �
shall remain operat�ve only so long as specifically provided by Minnesota law and as
otherwise Iegal. It is also understood that the ASSOCIATION agrees to indemnify and
hold the EMPLOYER harmless against any and all claims, suits, orders or judgments
brought or issued against the EMPLOYER as a result of any action telcen or not taken
by the EMPLOYER under the provisions of this section.
6.8 The ASSOCIATION agrees that an administrative service fee of fifty cerrts �$.50) per
member per month shall be deducted by the EMPLOYER from the amount w�thheld for
dues or fair share prior to remittance of dues or fair share to the ASSOCIATION.
� .
4
G�ya-io��
� ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE
7.1 �efinition��Grievance -A grievance,is defined as a dispute or disagreement as to the
interpretation or application of the specfic terms and conditions of this AGREEMENT.
7.2 Association Ae�resentatives - The EMPLOYER will reco�nize representatives
designated by the ASSOCIATION as the grievance representatives of the bargaining
unit having the duties and responsibi(ities sstabfished by this Article. The
ASSOCIATION shall notify the EMPLOYER in writing of the names of such
ASSOCIATION representatives and of their successors when so designated as provided '
by 62 of this AGREEMENT.
_ 7.3 PCp�es���Grievance - It is recognized and acxepted by the ASSOCIATION and
the EMPLOYER that the processing of grievances as hereinafter provided is limited by
the job duties and responsib�l�t�es of the employees and shall therefore be accomplished
. during normal working hours only when consistent with such employee duties and
responsibilities. The aggrieved employee and an ASSOCIATION Representative shall be
allowed a reasonable amount of t�me without loss of pay when a grievance is
investigated and presented to the EMPLOYER during normal working hours provided that
the employee and the ASSOCIATION RepresentaUve have notified and received the
approval of the designated supervisor who has determined that such absence is
reasonable and would not be de�imental to the work programs of the EMPLOYER.
7.4 Procedure -Grievances,as defined by Section 7.1, shall be resolved in conformance with
the following procedure:
� �g,�1. An employee claiming a violation concerning the interpretation or application of
this AGREEMENT shall, within twenty-one (21) calendar days after such alleged
violation has occurred, present such grievance to the employee's supervisor as �
designated by the EMPLOYER.
The Employer-designated representative will discuss and$ive an answer to such Step 1
grievance w�thin ten (10) calendar days after receiQt. A gnevance not resolved in Step 1
and appealed to Step 2,shall be placed in wnting, settin� forth the nature of the
grievance, the facts on wh�ch it is based, the provision or provisions of the AGREEMENT
allegedly v�olated,the remedy requested, and shall be appealed to Step 2 within ten (10)
calendar days after the EMPLOYER-designated Representative's final answer in Ste 1.
� Any grievance not appealed in writing to Step 2 by the ASSOCIATION within ten �10)
calendar days shall be considered waived.
�Z. If appealed, the written grievance shall be presented by the ASSOCIATION
and discussed with the EMPLOYER-designated Step 2 representative. The
EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S
Step 2 answer in writing within ten (10) calendar days after receipt of such Ste 2
grievance. A grievance not resolved in Step 2 may beappealed to Step 3 within ten �10)
calendar days following the EMPLOYER-designated representative's final Step 2
answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within
�en (10)calendar days shall be considered waived.
•
5
Article VII-Employee Rights-Grievance Procedure(continued) �
��. M appealed, �e written grieva►nce shall be presented by the ASSOCIATION
an discussed with the EMPLOYER-designated Step 3 representative. The
EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S
answer in writing within ten (10) calendar days after receipt of such Step 3 rievance.
A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10�calendar
days following the EMPLOYER-designated representative's final answer in Step 3. Any
, grievance not appealed in writing to Step 4 by the ASSOCIATION within ten (10)
calendar days sha(I be considered waived.
�4. A grievance unresolved in Step 3 and appealed to Step 4 by the
AS OCIATION shall be submitted to arbitration subJ'ect to the provisions of the Public .
Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator
shall be made in accordance with the "Rules Goveming the Arbitration of Grievances"as
established by the Public Employment Relations Board. •
7.5 e,t�JSC3IQL:�Aut�
7.5.1 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the terms and conditions of this AG�iEEMENT. The arbitrator
shall consider and decide only the specific issue(s) submitted in writing by the
EMPLOYER and the ASSOCIATION and shall have no autMority to make a
decision on any other issue not so submitted.
7.5.2 The arbitrator shall be without power to make decisions contrary to or �
inconsistent with or modifying or varymg in any way the application of laws,
rules or regulations having the force and effect of law. The arb�trator's decision
shall be submitted in writ�ng within thirty (30) days following close of the hearing
or the submission of bnefs by the parties, whichever be later, unless theparties
agree to an extension.The decision shall be binding on both the EMPLOYER and
the ASSOCIATION and shall be based solely on the arbitrator's interpretation
or application of the express terms of this AGREEMENT and to the facts of the
grievance preseMed.
7.5.3 The fees and expenses for the a�bitrato�'s services and prxeedings shall be
borne equally by the EMPLOYER and the ASSOCIATION provided that each
party shall be responsible for compensating its own representatives and �
witnesses. If either party desires a verbatim record of the prxeedings, it may
cause such a record to be made, providing it pays for the record. If bothparties
desire a verbatim record of the proceedings,the cost shall be shared equalty.
7.6 �aiver - If a grievance is not presented within the bme limits set forth above, it shall be
considered '�raived". If a grievance is not appealed to the next step within thespec�fied
time limit or any agreed 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 �me limits, the ASSOCIATION may elect to treat
the grievance as denied at that step and immediately appeat the grievance to the next
step. The time limit in each step may be extended by mutual written agreement of the
EMPLOYER and the ASSOCIATION in each step.
�
6 .
��94-�o�a
Article VII - Employee Rights-Grievance Procedure (continued)
�
7.7 It is understood by the ASSOCIATION and the EMPLOYER that, if an issue is
determined by this grievance procedure, that issue shall not a$ain be submitted for
arbitration under the provision of the Rules and Regulations of Civil Service. It is further
� understood that, if an issue is submitted and determined by the �rievance prxedure
under the Civil Service Rules and Regulations, it shall not agam be submitted for
arbitration under the prxedures set forth in this Article.
�
�
7
ARTICLE VIII - SAVINGS CLAUSE �
8.1 This AGREEMENT is subject to the laws of the United States, the Siate of Minnesota.
In the event any provision of this AGREEMENT shall be held to be contrary to law by a
court of c�mpetent jurisdiction from whose final judgment or decree no appeal has been
taken within the time provided, such provisions shall be voided. All other prov�s�ons shall
con�nue in full force and effect. The voided provision may be renegotiated at the written
request of either party. All other provisions of this AGREEMENT shall continue in full
force and effect.
�
�
S
�go-�a��
� ARTICLE IX • SENIORITY
9.1 Seniority, for the purpose of this AGREEMENT,shall be defined as follows:
� 9.1.1 "District Seniority" - The length of continuous regular and probationary service
with the EMPLOYER from the last date of employment in any and all class
titles.
9.1.2 "Class Seniority" - The length of continuous reg ular and probationary service
with the EMPLOYER from the date an employee was f�rst cert�fied and
appointed to a class title covered by this AGREEMENT, it being further
understood that class seniority is conflned to the current class assignment held
. by an employee.
9.2 Seniority shall terminate when an employee retires, resigns or is discharged.
9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such .
leave is granted for a period of less than thirty (30) calendar days; is granted because of
illness or injury; is granted to allow an employee to accept an appointment to the
unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-
time position with the ASSOCIATION.
9.4 �.1. In the event it is determined by the EMPLOYER that it is necessary to reduce
the work force, employees will be laid off by class title within each division based on
inverse length of "Class Seniority". Recall from layoff shall be in inverse order of layoff,
� except that recall rights shall exp�re after one year of layoff.
�.2. In cases where there are promotional series, such as Foreman I, Foreman II,
Foreman III, etc.,when the number of employees in these higher�tles is to be reduced,
emplo�rees who have held lower tities which are in this bargaining unit will be offered
reducUons to the highest of these tities to which "Class Seniority"would keep them from
being laid off, before layoffs are made by any dass tiUe in any department.
�.�. It is further understood that a laid-off employee shall have the ri$ht to
placement in any lower-paid class title, provided said employee has been previously
certified and appointed in said lower-paid class title. In such cases, the employee shall
first be placed on a reinstatement register and shall have "Class Seniority"based on the
• date or�ginally certified and appointed to said class. Employees may also apply for
positions in a lower class but may, nevertheless, return to orig�nal class as provided in
Subd.1.above.
9.5 To the extent possible, vacation periods shall be assigned on the basis of "District
Seniority", within each class, by division. It is, however, understood that vacation
assignments shall be subject to the ability of the EMPLOYER to maintain operations.
9.6 Promotions shall be handled in accordance with a�rrent Civil Service Rules and practices.
9.7 The EMPLOYER shall post a seniority list a#least once every six (6) morrths.
•
9
ARTICLE X - DISCIPLINE �
10.1 The EMPLOYER will discipline empioyees for just cause only. Discipline will be in the
form of:
a Orai reprimand;
b Written reprimand;
c nsion;
d R uction;
e Discharge.
10.2 Suspensions, reductions,and discharges will be in written form.
10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices
of suspension and discharge.
10.4 Employees may examine all information in their EMPLOYER personnel files that
concerns work evaluations, commendations and/or disciplinary actions. Files may be
examined at reasonable times under the direct supervision of the EMPLOYER.
10.5 Discharges will be preceded by a five• (5) day preliminary suspension without pay.
During said period, the employee and/or ASSOCIATION may request and shall be
entitled to a meeting with the EMPLOYER re resentative who initiated the suspension
with intent to discharg e. During said five- (5�day period, the EMPLOYER may affirm
the suspension and discharge in accordance with Civil Service Rules or may modify or
withdraw same. �
10.6 An employee to be questioned conceming an irnestigation of disciplinary acfion shall have
the right to request that an ASSOCIATION Representative be present.
10.7 Employees who are suspended, demoted or discharged shall have the right to request
that such actions be considered a"grievance"for the urpose of processing through the
provisions of Article 7 (GRIEVANCE PROCEDURE�; as an alternative option, such
employee can request,consistent with M.S. 179A.20, Subd.4. Once an employee, or the
union act�ng m the employee's behalf initiates review in one forum,the matter shall not be
again reviewed in another forum. Oral reprimands shall not be subject to the grievance
review procedures. ,
•
�o
�yo _,o��
• ARTICLE XI - CONSTITUTIONAL PROTECTION
11.1 Employees shall have the rights granted to ail citizens by the United States and
Minnesota State Constitutions.
ARTICLE XII - OVERTIME AND PREMIUMS
12.1 Employees(with the exception of those covered in Section 122 hereofl shall be paid one
and one•half (1-1/2) times the regular rate of pay for work performed in excess of the
_ regular work day and/or the forty (40) hour work week. Overtime rates shall be
computed on the basis of 1/80 of the biweekly rate.
• 12.2 Employees in a classification in salary grade 41 or above, or that is considered "exempt
from overtime calculation" under the FLSA shall be paid straight time for work
performed in excess of the regular work day and/or the forty (40) hour work week.
12.3 An employee who is called back to work following the completion of his regular work day
shall be guaranteed four (4) hours' pay at his regular straight time rate.
12.4 Major holidays, for the purpose of this Section, shall include the following: New Year's
Day; Memonal Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day.
Minor holidays, for the purpose of this Section, shall include the following: Washington's
and Lincoln s Birthday, Christopher Columbus Day, Veterans Day. An employee
• working a ma1'or holiday as defined herein shall receive time and one-half (1-1/2) the
regular rate of pay for all work performed on such holiday, and an employee workin$ a
minor holiday as defined herein shall receive straight time for such hol�day work, it be�ng
understood that all payments for holiday work shall be in addition to regular holiday pay.
12.5 An employee shall be compensated in either compensatory time off or overtime payment
in wages at the EMPLOYER'S discrebon.
12.6 A night differential of flveper cent (5%) shall be provided to employees who work night
shifts as defined herein. A night shift will be considered to be a regularly-assigned shift
beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5)
- hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further
understood that in case of regularly-assigned shifts beginning earlier than 6 a.m. or ending
later than 6 p.m. which involve less than five (5) hours of work, an employee shall be
� eligible for the night differential only for the hours actually worked during night shift hours.
•
t�
ARTICLE XIII•UNIFORMS •
13.1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or
safetyequipment as a condition of continued employment,such uniform srxVor equipment
shall be furrnshed and maintained by the EMPLdYER. It is, however, further understood
that the EMPLOYER'S obligation to provide uniforms and/or safety equipment shall be
confined to present practices and/or requirements of law.
13.2 Any uniform or safety equipment provided pursuant�o this Article, damaged in the line of
duty, shall be replaced by,the EMPLOYER, provided that said damage is not attributable
b�t�e negligence or other improper act of the employee.
13.3 The EMPLOYER agrees to pay �30.00 toward the cost of a pair of safety shoes -
purchased by an employee wha is a member of this unit. The EMPLOYER shall
contribute toward the cost of one pair of shoes per contract year. This reimbursement
of $30.00 shall be made only after investigation and approval by the immediate •
supervisor of that employee. This $30.00 EMPLOYER contribution shallappIy only to
those employees who are required to wear protective shoes or boots by the EMPLOYER.
ARTICLE XIV - VACATION
14.1 In each calendar year, each full-time employes shall be granted wacation according to the
following schedule:
YQ���BlY1�� Y�3C�tIQII Szi�IItSS� �
0-5 years 10 days
6 years through 15 years 15 days
16 years through 25 years 23 days
26 years and thereafter 25 days.
14.2 Employees who w�rk less than full time shall be granted vacation on a pro rata basis.
14.3 The head of the department may permit an employee to carry over into the following
year up to ten days of vacation.
14.4 The above provisions of vacation shall be subject to Resolution No.6446, Section I, S�d.
FL
14.5 For the purposes of this Article 14, years of service shall be defined as the number of
years since the employee's date of appointrnent. This shall not include years of service
prior to a resignation.
. �
t2
!�'��o_����
ARTICLE XV - HOLIDAYS
•
15.1 ����Q�gp�g�-The following days shall be recognized and observed
as paid holidays:
New Year�s Day
Martin Luther IGng Day (effective 1986)
Presidents' Day
Memorial Day
Independenoe Day
Labor Day
Columbus Day
Veterans' Day
" Thanksgiving Day
Christmas Day
Two floating holidays.
Eligible employees shall receive pay for each of the holidays listed above on which they
perform no work. Whenever any of the holidays listed above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday,the succeeding Monday shall be observed as the holiday.
15.2 The floating holidays set forth in Section 15.1 above may be taken at any time during the
contract year, subject to the approval of the Department Head of any employee.
15.3 li i ili Reauirements-In order to be eligible for a holiday with pay,an employee's name
• must appear on the payroll on any six working days of the nine working days preceding
the holiday or an employee's name must appear on the payroll the last work�ng day
before the holiday and on three other working days of the nine working days preceding
the holiday. In neither case shall the holiday be counted as a working day for the purpose
of this section. It is further understood that neither temporary, nor other employees not
heretofore eligible shall receive holiday pay.
15.4 In the case of Board of Education Employees, if Martin Luther King Day, Pnsidenis'
Day, Columbus Day or Veterans' Day falls on a day when school is in session, the
Employee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be determined by agreement between the
. employee and the supervisor.
�
13
ARTICLE XVI - iNSURANCE •
16.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for
employees such heaith and life insurance premium coMributions as are spec;ified herein by
EMPLOYER at the time of execution of this AGREEMENT.
16.2 For each eligible employse covered by this AGREEMENT who is employed full-time and
who selects employee insurance coverage, the EMPLOYER agrees to contribute the cost
of such coverage or$70 per month,whichever is less. For each fuil-time employee who
selects family coverage, the EMPLOYER will contribute the cost of such family
c�verage or$180 per month,whichever is less.
16.2.1 Effective April 1, 1990, for each eligible employee covered by this
AGREEMENT who is employed full-time and who selects employee insurance
coverage, the EMPLOYER agrees to contribute the cost of such coverage or �
$105 per month, whichever is less. For each full-time employee who selects
family coverage, the EMPLOYER will con�ibute the cost of such family
coverage or$215 per month,whichever is less.
16.2.2 Effective January 1, 1991, for each eligible employee covered by this
AGREEMENT who is employed full-time and who selects employee insurance
ooverage, the EMPLOYER agrees to contribute the cost of such coverage or
�115 per month, whichever is less. For each full-time employee who selects
family coverage, the EMPLOYER will contribute the cost of such family �
coverage or$225 per month,whichever is less.
16.3 For each eligible employee the EMPLOYER agrees m contribute the cost of$5,000 life
insurance coverage.
16.4 In addition to the $5,000 life insurance coverage in 16.3, the EMPLOYER agrees to
contribute the cost of additional life coverage or $0.59 per thousand dollars of coverage
per month, whichever amount is less. The total amount of life insurance coverage
provided under this section and Section 16.3 for each employee shall be equal to the
employee's annual salary to the nearest full thousand dollars. For the purpose of this
section, the employee's annual salary shall be based on the salary as of the beginning of '
a contract period. This contribution shall be paid tc the EMPLOYER'S Group Health and
Welfare Plan. This EMPLOYER paid life insurance shall be discontinued upon retirement. .
16.5 The EMPLOYER will for the period of this AGREEMENT contribute for employees who
retire after December 31, 1988 and who select the HMO plan provided by the
EMPLOYER and until such retirees reach sixty-five (65) years of age, the cost of such
retires coverage or $84.42 per month, whichever is less. For such retirees selecting
family coverage the EMPLOYER will c�ntribute the cost of such family coverage or
a211.09 per mornh,whichever is less.
•
14
� �o-�a��
• Article XVI - insurance (continued)
16.6 The EMPLOYER will for the period of this AGREEMENT contribute for employees who
retire after December 31, 1988 and who select the Indemnity Health Insurance Plan
provided by the EMPLOYER and until such retirees reach sixty-five (65) years of age,
the cost of such retiree cover�e or a106.32 per month, whichever is less. For such
retirees selecfing family coverage the EMPLOYER will contribute the cbst of such family
coverage or$318.41 per month,whichever is less.
16.7 For employees who retire at the age of 65 for early retirees upon reaching age 65, and
who have completed at least twenty (20) years of service at the time of their
retirement, the EMPLOYER will provide health insurance premium contributions toward
� employee health insurance plans as are provided by the EMPLOYER for retirees sixty-
five (65) years of age or older as approved by �oard of Education action. For such
. employees or early retirees who have not completed at least twenty (20) years of
• service at the time of their retirement, the EMPLOYER will discontinue providing any
health insurance contributions upon their retirement or in the c�se of early retirees upon
their reaching age sixtyfive (65).
16.8 Employees who retire after execution of this AGREEMENT must meet the following
conditions at the bme of retirement to be eligible for the EMPLOYER contributions to
health insurance set forth in Articles 16.5,16.6 and 16.7.
• 16.8.1 Be receiving benefits from a p�lic employee retiree act covering employees of
the Independent School District No. 625 at the time of retirement.
AND
16.8.2 Have severed his relationship with the Independent School District No. 625
under one of the early retiree plans.
16.9 Effective January 1, 1989 in addition to meeting the eligibility requirements stated in
16.8.1 and 16.8.2 above,retiring employees must also meet the following condition in order
m be eligible for the early retiree insurance benefits set brth in Article 16.5 and 16.6.
16.9.1 The combinafion of their age and their years of service must equal eight-five
. (85) or more
OR
Must have completed at least twenty (20) years of service.
�
15
Article XVI - Insurance (conbnued) •
16.10 Effective January 1. 1989 full-time employees who retire and who meet the conditions set
forth in 16.8.1 and 16.82 but who meet none of the conditions set forth in 16.9.1, shall be
eligible for the following percentages of the amount con�ibuted by the EMPLOYER
toward health insurance for acctive employees in the same health plan. Such retirees
shall be eligible for such oonVibution un�l they reach sixty-five (65) years of age.
Combination of Age Contribution for
and Years of Service Sip�e Co�
84 90% �
83 . 80°k
82 70%
81 60% �
' 80 50�
16.11 The heaith insurance plan(s) offered by the EMPLOYER shall consist of benefits and
conditions as established by the contract(s) between the EMPLOYER and the selected
insurance carrier(s).
16.12 The contributions indicated in this Article 16 shall be paid to the EMPLOYER'S Group
Health and Welfare Plan.
16.13 Any cost of any premium for any EMPLOYER-offered employee or family insurance �
coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the
emploYee.
16.14 For the purposes of this Article �6 an early retiree is a retiree who is less than sixty-five
(65) years of age.
16.15 For the purposes of this Article 16� years of service shall be defined as the number of
years since the employee's date of appointment. This shall not include years of service
prior to a resignation.
16.16 It is the intent of the EMPLOYER to initiate during the term of this AGREEMENT a plan
for medical and child care expense accounts to be available to employees in this ,
bargaining 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.
�
16
�90/o�-�
• ARTICLE XVII - MILEAGE- INDEPENDENT SCHOOL DISTRICT N0. 625
17.1 Employees of the School Dis�ict under policy adopted by the Board of Education may be
reimbursed for the use of their automobiles for school business. To be eligibie for such
� reimbursement, employees must receive authorization from the Distnct Mileage
Committee utilizing the following plan:
P A�N "A", effective with the adoption of this Agreement, is reimbursed at the rate of
23d per mile. In addition,a maximum amount which can be paid per month is established
by an estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the,maximum amount can be #he experience of
- another working in tfie same or similar position.
Under t�is plan, it is necessary for the employee to keep a record of each trip made.
�
.
t7
ARTICLE XVllt - SEVERANCE PAY •
18.1 EMPLOYEES shall be el'�gible for severance pay in a�ccordance with the ScFwol District's
Severance Pay Pfan. The amount of severance pay allowed shall be that amount
permitted by state statutes subject to the provision that the maximum amount �Ilowed
shall be$4,000.or as estabtished by Section 18.2 of this Arpcie.
18.2 Severance Pay: Provisions effective December 31. 1984. The Empioyer shall provide a
severance pay program as set forth in this Section:
18.2.1 To be eligible for the severance pay program, an employee must meet the
following requirement:
18.2.1.1 a The employee must be 58 years of age or older or must be �
eligibie for pension under the "rule of 90" or the "rule of 85"
provisions of the Public Employees Retirement Association .
(PERA).
18.2.1.2b The employee must be voluntarily seQarated from School
District employment or have been sub�ect to separation by
layoff or compulsory retirement. Those employees who are
discharged for cause, misconduct, inefficiency, incompetency or
any other disciplinary reason are not eligible for this severance
pay program.
18.2.1.3c The employee must have at least ten (10) years of consecutive •
service under the classified or unclassified Civil Service at the
time of separation. For the purpose of this Article, employment
in either the City of Saint Paul or in Independent School District
No. 625 may be used in meeting this ten (10) year service
requirement.
18.2.1.4d The employee must file a waiver of re-employment with the
Director of Personnel, which will clearly indicate that by
requesting severance pay, the employee wa�ves all claims to
reinstatement or re-employment (of any type) with the City of
Saint Paul or with Ir�dependent School District No.625.
18.2.1.5e The employee must have accumulated a minimum of sixty (60)
days of sick leave credits at the time of his separation ftom
serv�ce. �
18.2.2 If an employee requests severanoe pay and if the employee meets the eligibility
requirements set forth above, he or she wiU be granted severance pay m an
amount equal to one-half of the daily rate of pay for the position held by the
employee on the date of separation for each day of accrued sidc leave subject
m a max�mum of 200 aocrued sick leave days.
�
�8
U`- �10 "��`��
• Article XVIII - Severance Pay (continued)
18.2.3 The maximum amount of money that any employee may obtain through this
severance pay program is$6,500.
18.2.4 For the purpose of this severance pay program, a death of an employee shall
be cons�dered as separation of employment and, if the employee would have
met all of the requirements set forth above at the bme of h�s or her death,
payment of the severance pay may be made to the employee's estate or
spouse.
18.2.5 For the purpose of this severance pay program, a transfer from Independent
� School District No. 625 employment to City of Sa�nt Paul employment is not
considered a separation of employment, and such transferee shall not be
eligible for this severance program.
18.2.6 The manner of payment of such severance pay shall be made in accordance
with the provisions of the School District Severance Pay Plan already in
existence.
18.2.7 This severance pay program shall be subject to and govemed by the provisions
of the original School District Severance Pay Plan (which allows $4,000
maximum payment) except in those cases where the specific provisions of this
section con If�ct with said Severance Pay Plan and in such cases, the
provisions of this section shall control.
� 18.2.8 Any employee hired prior to December 3t, 1964 maX, in any event, and upon
meeting the qualifications of this section or the origmal Scf�ool District Bas�c
Severance Pay Plan (which allows $4,000 maximum payment), draw
severance pay. However, an election by the employee to draw severancepay
under either this section or the basic School Distr�ct Severance Pay Plan shall
constitute a bar to receiving severance pay from the other. Any employee
hired after December 31, 1984 shall be entitled only to the benefits of this
section upon meeting the qualifications herein.
•
19
� 1
ARTICLE XIX - WORKING OUT OF CLASSIFICATION
•
19.1 Any employee woricing an out-of-ciass assignment for a period in excess of fifteen (15)
working days during any fiscal year of EMPLOYER shall receive the rate of pay for the
out-of-ciass assi�nment in a higher classification not later than the sixteenth oonsecutive
day of such ass�gnment. For purposes of this Article, an out-of�lass assignment is
defined as the fulf-time performance of ail of the significant duties and responsibilities of a
classification by an indiv�dual in another classification. For the purpose of this Article,
the rate of pay for an out-of-class assignment shall be the same rate the employee
would have recaived if he were promoted to the higher dassification.
ARTICLE XX - PARENTAL LEAVE •
20.1 Parental leave is a leave without pay or benefits which shall be granted upon request `
subject to the prcvisions of this section. It may be granted for reasons of adoption or
pregnancy and/or the need to provide parental care for a child or children of the
employee for an extended period of time immediately following adoption or the conclusion
of pregnancy; such period of leave shall be no longer than one calendar year in length.
Leave up to six (6) calendar months shall be granted upon request. Leave for more than
six (6)calendar months is at the discretion of the Employer.
20.2 In the case of pregnancy, an employee who wishes m use a period of(paid) eamed sick
leave at the time of pregnancy and delivery-related disability, may request unpaid �
parental leave for a period following the use of earned sick leave; however, sick leave
time shall not be granted within (during the course ofl a period of unpaid parental leave.
The employee requesting such sequential leave shall submit an application in writing to
the Director of Personnel of Independent School District No. 625 not later than 12 weeks
in advance of the anticipated date of delivery. The employee will be required to submit,
at the time of use, appropriate medical verification for the sick leave time claimed.
20.3 In the case of adoption, the employee shall submit a written application t�the Director of
Personnel, of Independent School District No. 625 including the anticipated date of
placement of the child, at least twelve (12) weeks in advance of the anticipated date of
placement,or earlier if possible. Documentation will be required. '
20.4 When an employee is retuming from parental leave extending over a period of six (6) .
calendar months or less, the employee shall be placed, at the beginning of the first pay
period following the scheduled date of return, in the same position held prior to the leave
or, if necessary, in an equivalent position.
20.5 When an employee has requested and been granted leave for a period longer than six (6)
calendar months, but no more than twelve (12) calendar months� the employse will be
placed in an equivalent position after the scheduled date of return as soon as an
equivalent vacancy becomes available. For purposes of this provision, an equivalent
vacancy is a position in the same title which exists, has no oerti�ied incumbent, which is
to be filled�and for which no other person has rights. •
20
�,,�9�-�a��.
ARTICLE XXI - NO STRIKE, NO LOCKOUT
�
21.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes, work
stoppag es, slow-downs, sit-down, stay in or other considered interference with the
EMPLOYER'S business or affairs b� the ASSOCIATION and/or the members thereof,
and there shall be no bannering dunng the existence of this AGREEMENT without first
using all possible means of peaceful settlement of any controversy that may arise.
ARTICLE XXII - RIGHT TO SUBCONTRACT
• 22.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract
out work done by the emQloyees covered by this AGREEMENT. In the event that such
contracting would result m reduction of the wark force covered by this AGREEMENT,
, � the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the
intention to subconVact.
ARTICLE XXIII -WAGES
23.1 The wage schedule for purposes of this AGREEMENT shall be Appendix A attached
hereto.
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• ARTICLE XXIV •TERM OF AGREEMENT
24.1 This AGREEMENT shall be effective as of January 1� 1990 and shail �ontinue in effect
through December 31, 1991. This Agreement shaii not be extended orally snd it is
understood tl�at it shali expire on the date indicated.
24.2 ft is understood that this settlement shali be recommended by the School Board
Negotiator, but is subject m approval by the Board of Education.
24.3 The EMPLOYER and the ASSOCIATION acknowledpe that during the meetinp and
negotiating which resulted in this AGREEMENT, each had the right and opportunity to
` make proposals with respect to any subject canceming the terms and conditions of
employment. The agreements end understandings reached by the parties after the
. • exercise of this right are fully ar� completely set forth in this AGREEMENT. Any and
all prior agreements, resolutions, pracUces, policy or rules or regulations repardmg the
terms and conditions of employment, to the extent they are inconsistent with this
Agreement, are hereby superseded. In those areas where Civil Service Rules are not
consistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect.
IN WITNESS WHEREOF the parties have caused this ABreemeM m be executed this�
• daY of , 1990.
INDEPENDENT SCHOOL DISTRICT N0. 625 CITY OF SAINT PAUL MANUAL AND
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MAINTENANCE SUPERVISORS' ASS'N.
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Negotiatio s/l.abor Relations M ger r nt
hair, tion
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