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90-2124 , ' I Council File # �?� � � � GlN�AL . . �1�� ( �, Green Sheet �` , RESOLUTION �- �� C1�1( OF SAINT PAUL, MINNESOTA � � � � , - , Presented By � . � ' Referred To ' � Committee: Date /� -� �-�v RESOLVE , th$t the Council of the City of Saint Paul hereby approves and ratifies the �ttached agreement between the Independent School District No. 625 and �he S�int Paul Supervisors' Organization. ; ' �I II Navs Absent Requested by Depar ent of: ��o w � on 0 el and Labor Relations cc ee �. e m —� U @ —Wi son BY� _ Adopted by Counc3�l: L�ate DEC 2 7 1950 Fo Appro e by City Attorney Adoption Certifi�d byl�Council Secretary By: ,` , $y' Approved by Mayor for Submission to Approved y Mayor;: L�ate DEC 2 8 1990 Council � ��/ By; �f�-1��/ , BY. F�,�ii:j�;.�.9 .':��t� -' S� �'4 7,✓ I i . . � �yo a�a� ,_:., `' I IND PENDENT SCHOOL DISTRIC�T NO. 625 ,� BOARD OF EDUCATION , ST. PAUL PUBUC SCHOOLS i DATE: TOPIC: i A. PERTINEI�T FA TS: 1) New�Agree ent is for the two year period January 1, 1990 through December 30, 1991. 2) Contr�ct ch ges are as foilows: H�L��eAYS: New language allowing the District to, at a later date, name the day after ThanlKsgivin as a paid holiday in lieu of one of the existing named paid holidays . - Employer paid premium contributions increased effective May 1, 1990 by$30 per n onth. Effective January 1, 1991, the Empioyer paid premium contribution is further incre�sed by$10 per month. Dent I Insur nce- Employer paid premium contributions increased effective May 1, 1990 by$1�08 perl month for single coverage and$3.09 per month tor family coverage. Pre-T�x S�ndinry Account - New language describing the Empioyer's intent to establish pre-t�x spe�ding account ptan within legal reguiations and IRS requirements. This is consi5tent w th other bargaining units. 'SicE< �, ave �New language allowing one day of accumulated sick leave usage to attend the fulneral f the employee's grandparent or grandchild. This is consistent with many other bargai ing units. � Salary Schedule - Wage rates Increased by total doilars biweekly (equivalent i this unit to a 4.5% general wage increase) effec�ive December 30, 1989 and 4�25% ffective December 29, 1990. 3) The Qistrict F�as nine employees in this bargaining unit. , 4) This request lis submitted by Phyllis E. Byers, Negotiations/Labor Relations Manager; and Curm�n L. Glaines, Associate Superintendent, Administrative Services. B. RECOMM�NDAfiION: That the Board of �ducation School District No. 625 approve and adopt the Agreement concerning th� term�and conditions of employment of those employees in this schooi district for whom Saint �'aul Sy�pervisors Organization is the exclusive representative; duration of said Agreement is �or the period of January 1, 1990 through December 31, 1991. , !, i , . . �,�ya--a�� OEPARTMENTlOFFICEJOOUNpI 0 f i c e O f DATE INITIATED Personne 1 and Lab r�Re at ions 1 l-8-90 GREEN SHEET NO. 4i�9 7 CONTACT PER�ON d PMONE Aq'T1iAENT pIRE II Q CITY COUNCIL James C. Lombardi 292 7301 Nu�� rror�er �CITY CLERK MUST BE ON COUNdL AQENDl1 BY T� ROUTINO �BUDOET DIRECTOR �FIN.Q MOT.SERVICES DIR. �MAYOR(OR AS818TANT) � TOTAL#�OF 81QNATURE P �8 (CLIP ALL LOCATIONS FOR SIONATUR� ACTION REGUESTED: This resolution a prov s the attached agreement between the Independent School District No. 625 nd t e Saint Paul SupervisorS� Organization. RECOMMENDATION8:Approvs(N a (� COUNCIL COMMITTEE/REBEARCH REPORT OPTIONAL _PLANNINO COMMISSION qVIL RVICE COMMISSION ANALYST PHONE�E C E I V E ID _pB O�AMIITEE COMMENTS: —$T"� NOV 91990 —�� SUPPORTS WHICH ODUNdI OBJE E4 �� INI7IATING PFlOBLEM.ISSUE. NITY �Whet�When.Whero.Wh»: None. RECEi�/�p Nov � 9 �sso MAYOR'S OFFICE ADVANTAQES IF APPF�VED: See the attached summa y. DISADVANTAOES IF APPROVED: None. This is a SCho 1 District contract. The provisions contained therein do not affect City f Sa'nt Paul employees. DISADVANTAQEB IF NOT AP RECEIVED �ourc;r ^��M � ��91� � ._.. c"a Cen Ler C1TY CLERK N�� i9�� TOTAL AMOUNT OF TRANSA : C08T/REVENUE BUDGETED(CIRCLE ON� YES NO FUNDIN�i 80Ui�E ACTMTY NUMBER FlNANGAL INFORMATION:(IXPW � �a ai�� .�� CITY OF SAI1�T PAUL I:,€•.'e=_i;;i:', OFFICE OF THE CITY COUNCIL I JANICE RETTMAN � JOE COLLINS Councilperson COMMITTEE REPORT LegislativeAssistant F NANCE, MANAGEMENT, AND PERSONNEL COMMITTEE KATHYZIEMAN DECEMBER 17� 19 9 0 Legislative Assistant 1. Ca11 tol; order; introduction of inembers, staff, guests; announciement of sign-up sheet; approval of minutes of Nov�embe�r 5, 1990, meeting. Miautes�, were approved 3-0. 2 . Resolut'ion 90-2132 - approving participation for a joint study ort� set-aside programming, and transferring $50, 000 from Co�tingent Reserve to fund the study. (Referred from Council' 12/06/90) Approveld as amended 4-0. Add to �.ine 35: ��and the Human Rights Department will serve as lead� staff for, correlate the involvement of other city ofEicesl for the City of St. Paul, and . . .�� Line 15', page 2 - Budqet Office to make change. Line 27;, page 2 - add: ��No funds will be expended until suffici�ent funds have been raised to pay for the complete study.�� 3 . Resolution 90-2123 - approving agreement between School Distric+t No. 625 and the Confidential Classified and Unclass,ified Supervisory Employees of ISD #625. (Referred fram Council 12/06/90) Approved 3-0. on 90-2124 - approving agreement between School Di�tric No. 625 and Saint Paul Supervisors Organization. (Rqferr d from Council 12/06/90) Approveld 3-0. 4 . Resolut�on 90-2149 - accepting an additional amount of $2, 300, D00 from 1991 Fiscal Year State Funds to help pay for St. Pau1 's 1990 Sewer Separation Program and authorizing Donald Nygaard or Roger Puchreiter to sign all documents associated with this funding. (Referred from Council 12/11/9D) ApFroved 3-0. CITY HALL ROOM NO.718 SAINT PAUL,MINNESOTA 55102 612/298-5289 Sa�ip46 Printed on Recycled Paper , �r�yo-aia� � � ' 1990 - 1991 � COLL�CTIVE BARGAINING AGREEMENT - between - INDEP�NDENT SCHOOL DISTRICT NO. 625 i � ! - �a - SAINT PAUL SUPERVISORS' ORGANIZATION . d ' ��o � `!Li� tsEtOMG tE��, ' �suc�cNOO�s • � SAINT PAUL PUBLIC SCHOOLS , Independent School 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 • u . . ��ai.�� '� � INDEX ARTICLE PAGE ' Pr�amble.............................................................................._............................................................. v ,! .. - I ►�bon......................................................................................................................................... 1 ' I I 'ngs Cla�.�e.................................................�....................�................................_............._..... 2 Iil ent Righis......................................................... ............................................................. 2 . N r�er�ar�oe of St�ndards....................................................................................................... 2 V Chleck-off and Administrative Senrice Fee.................................................................... 3 VI Hqurs of Work and Overtime......................�............_.............�....�_.._._........__.......__..... 4 VIISeftioriiy.................................................................�..................................................................�....... 5 V I I I , W�rlcing Out of Classification................................................................................................. 6 IX Di�dpline............................................_. ............... 6 ....................................................._......................... � X Le�al Servioes.............................................................................................................._................. 6 XICrievar�ce Procedure............................._......................_............................................................ 7 XIIW�ges.................................................._...�....._........_......_...._.................._............................�.._..... 10 XIIIM�temity Leave............................._.......�....�..�_._..........................................................._....... 10 XNhsl�rdr�ce...........................................................�................._............._.............................................. 11 XVVajcation...................................................................._.__...................................�............................ 15 XVIHoGdays......................................__..�..�_....�..........._......_.._..__.._......_..�...._......_.............�......... 16 XVIISei�erar�ce Pay....................................................�._.....�.._........_..........._................................_.. 17 XVIIISidcl.�v�e....................................................................._....._._.........._............................................ 19 ' XIX Mil�age-Independent Sdiool District No.G25................................................................ 19 XX Duration and Effective Date................................................................................................... 21 App�r'�'a..............................................._............................�............................................... A1 A2 � ui � � �=�0--�� • PBEAM�L� This AGREEMENT, entered into between Independent School District No. 625, hereinafter referreid to as the "EMPLOYER', and the Saint Paul Supervisors' Organization, hereinafter referred to as the "ORGANIZATION", for the purpose of fostering and promoting harmonious relatians between the EMPLOYER and the ORGANIZATION in order that a high level of public senrice can be provided to the public in the Schoo� 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 ORGANIZATION of their respective rights ar�d responsibilities. The provisNons of this AGREEMENT shall not abrogate the rights and/or duties of the EMPLOYER, the �RGANIZATION or the employees as established under the provisions of the ' Public Emplbymenti Labor Relations Act of 1971,as amended. I� I • ', i • , v . , �,�a a�� ARTICLE L - RECOGNITION • 1.1 The EMPUOYER recognizes the Saint Paul Supervisors' Organization as the exclusive representative for the White Collar Supervisory Employees of the Professional Group, and certaim Unclassified Supervisory Employees as certified by the State of Minnesota Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-207A and as revised by'Unit Clarification Hearing of Bargaining Unit, April 16, 1974, Case No. 74-PR- 414�-A, and as revised by Certification of Exclusive Representative, December 7, 1977, Case No. 78-PR-500-A; and as revised by Unit Clarification order, December 9, 1988, BMS Case!No. 89-PR-2134. This above unit as amended consists of the following: , Accountant IV • Accountant V Accounting Manager , Assistant Purchasing Agent � E.D.P. Supervisor Inventory and Records Manager Office Manager ' Payroll Administrator - Board of Education ; Purchasing Agent ! ' Transportation Administrator �1NCLASSIFIED Manager of Facility Planning (Exempt) • 1.2 Th ' partie� agree that any new classifications which are an expansion of the above bar ainingl unit or which derive from the classifications set forth in this AGREEMENT sha I be reicognized as a part of this bargaining unit, and the parties shall take all steps � requ�ired urnder the Public Employment Relations Act to accomplish said objective. ' II I , � • - 1 ARTICLE II - SAVINGS CLAUSE • 2.1 This AGREEMENT is subject to the laws of the United States and the State of Minnesota. In the event any provision of this AGREEMENT shall be held 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. 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. ARTICLE III - MANAGEMENT RIGHTS 3.1 The ORGANIZATION 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. 3.2 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. ARTICLE IV - MAINTENANCE OF STANDARDS 4.1 The parties agree that all conditions of employment 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 (Council File No. 273022, June 2, � 1979 as amendedy 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 � I - , (��?1�� ARTICLE V - CH�CK-OFF AND ADMINISTRATIVE SERVICE FEE • 5.1 The EMPl�OYER agrees to deduct the ORGANIZATION membership initiation fee assessme�ts and once each month dues from the pay of those empioyees who individually�request in writing that such deductions be made. The amounts to be deducted shall be c�rtified to the EMPLOYER by a representative of the ORGANIZATION and the �aggre�ate 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 An�r prese�nt or future employee who is not an ORGANIZATION member shall be • reqwired t contribute a fair share fee for services rendered by the ORGANIZATION. Upon notif' ation by the ORGANIZATION, the EMPLOYER shall check off said fee from the earnin s of the employee and transmit the same to the ORGANIZATION. In no � instance s all the required contribution exceed a pro rata share of the specific expenses incurred f r services rendered by the representative in relationship to negotiations and administra ion of grievance procedures. It is also understood that in the event the EM�LOYE�R shall make an improper fair share deduction from the earnings of the employee,�the ORGANIZATION shall be obligated to make the EMPLOYER whole to the ext�nt tha the EMPLOYER shall be required to reimburse such employee for any am unt improperly withheld. This provision shall remain operative only so long as spe�ifically�provided by Minnesota law, and as otherwise legal. 5.3 Adr�inistra�ive Service Fee. The ORGANIZATION agrees that an administrative fee of i fiftylcents ($.50) per member per month shall be deducted by the EMPLOYER from the amdunt withheld for dues or fair share prior to remittance of dues or fair share to the OR�aANIZ,ATION. 5.4 The ORGA�NIZATION agrees to indemnify and hold the EMPLOYER harmless against any and al� claims, suits, orders or judgments brought or issued against the EMPLOYER as a resul� of any action taken or not taken by the EMPLOYER under the provisions of this Article�. - � I I � ; • ' 3 ARTICLE VI - HOURS OF WORK AND OVERTIME • 6.1 The normal hours of work for the employees shall be seven and three-fourths (7-3/4) hours in any 24-hour period and 38-3/4 hours in a 7-day period. For employees on a shift basis, this shall be construed to mean an average of 38-3/4 hours a week. 6.2 Employees who work more than 7-3/4 hours in any 24-hour period or more than 38-3/4 hours in any 7-day period shall not receive pay for such additional work. 6.3 It is understood by the parties that Section 28H - OVERTIME COMPENSATION - of the Civil Seroice Rules (Council File No. 273022,June 2, 1979 as amended} shall not apply to this unit. ' 6.4 In unusual circumstances, employees who work more than 7-3/4 hours in any 24-hour . period or more than 38-3/4 hours in any particular 7-day period may be granted • compensatory time with the approval of their department head. � • 4 . , . ��o al�� ARTICLE VII - SE I IORITY • 7.1 Seniority, f r the purposes of this AGREEMENT, shall be defined as follows: The length of continu us, regular, and probationary service with the EMPLOYER ftom the date an em�Voyee as first certified and appointed to a class title covered by this AGREEMENT, it beHng fu her understood that seniority is confined to the current class assignment held by an empl�yee. In cases where two or more employees are appointed to the same class title pn the�same date, the seniority shall be determined by the employee's rank on the eligible list rom which the certification was made. 7.2 Sen�ority shall terminate when an employee retires, resigns or is discharged. 7.3 In t e everit it is determined by the EMPLOYER that it is necessary to reduce the work forc , empNoyees will be laid off by class title within each department based on inverse � leng h of s�niority as defined above. ,, � 7.4 In c�ses �here there are promotional series, such as Accountant IV and V when the num�er of mployees in the higher title is to be reduced, employees who have held lower title� will b offered reductions to the highest title in which class seniority would keep therm from eing laid off, before layoffs are made by any class title in any department. 7.5 Rec�ll fro layoff shall be in inverse order of layoff, except that recall rights shall expire aftert two y ars of layoff. It is understood that such employees will pick up their former senibrity d te in any class of positions that they previously held. � 7.6 To the ext�nt possible, vacation eriods shall be assi ned on the basis of seniori . It is P 9 �Y . howiever, �nderstood that vacation assignment shall be subject to the ability of the EMPLOYE to maintain operations. i • 5 ARTICLE VIII - WORKING OUT OF CLASSIFICATION • 8.1 The EMPLOYER shall avoid, whenever possible,working an empioyee 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-o#- 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 either a) a position previously held by another employee and different from the employee's regular position, b) a position held by an employee on extended leave or c) a new 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. � ARTICLE IX - DISCIPLINE 9.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or ORGANIZATION may request, and shall be entitled to, a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During the 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. 9.2 A suspended, demoted, or discharged employee may appeal the disciplinary action by filing a claim of grievance under the provisions of Article XI of this AGREEMENT. ARTICLE X • LEGAL SERVICES 10.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the � EMPLOYER shall defend, hold harmless, and indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of employee's duties. 10.2 Notwithstanding (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. • s . . . ��o--a�� ARTICLE XI - GRI�VANCE PROCEDURE • 11.1 A grievance is defined as a dispute or disagreement as to the interpretation or applicatiqn of the specific terms and conditions of this AGREEMENT. 11.2 The EM�LOYER will recognize representatives designated by the ORGANIZATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ORGANIZATION shall notify the EMPLOI�ER in writing of the names of such Organization Representatives and of their success4rs when designated. The EMPLOYER shall notify the ORGANIZATION in writing aS to its designated representatives. 11.3 It is recagnized and accepted by the ORGANIZATION and the EMPLOYER that the prbcessi g of grievances as hereinafter provided is limited by the job duties and � re�ponsi ilities of the employees and shall therefore be accomplished during normal wprking ours when consistent with such employee duties and responsibilities. The aggrieve employee and an ORGANIZATION representative shall be allowed a reasonaqle amount of time without loss of pay when a grievance is investigated and presente� to the EMPLOYER during normal working hours, provided that the employee and the pRGANIZATION Representative have notified and received the approval of designat�d supervisor and provided that such absence is reasonable and would not be detrimen�al to the work program of the EMPLOYER. It is understood that the EM�IPLOI�ER shall not use the above limitation to hamper the processing of grievances. � 11.4 G�ievanc�es, as defined by 11.1, shall be resolved in conformance with the following prbcedur�: 1. Mn employee claiming a violation concerning the interpretation or application of ths AG�EEMENT shall, within twenty-one (21) calendar days after such alleged vi lation has occurred, present such grievance to the Employee's supervisor as d signat�d by the EMPLOYER. The Employer-designated representative will discuss a d givel an answer to such Step 1 grievance within ten (10) calendar days after r eipt. iA grievance not resolved in Step 1 and appealed to Step 2 shall be placed in w iting, setting forth the nature of the grievance, the facts on which it is based, the . pr vision� or provisions of the AGREEMENT allegedly violated, the remedy requested, arld shall be appealed to Step 2 by the ORGANIZATION within fifteen (15) calendar d�ys aft�r the Employer-designated representative's final answer in Step 1. Any � grievanc� not appealed in writing to Step 2 by the ORGANIZATION within fifteen (15) cailendar jdays shall be considered waived. �. (f appealed, the written grievance shall be presented by the ORGANIZATION and discussed with the Employer-designated Step 2 representative. The Employer d�signat�d representative shall give the ORGANIZATION the Employer's Step 2 artswer ih writing within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 byt the O�GANIZATION within ten (10) calendar days shall be considered waived. � 7 - ARTICLE XI - Grievance Procedure (continued) • Step�. if appealed, the written grievance shall be presented by the ORGANIZATION and discussed with the Employer-designated Step 3 representative. The Employer- designated representative shall give the ORGANIZATION the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. 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 ORGANIZATION within ten (10) calendar days shall be considered waived. �te� 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ORGANIZATION shall be submitted to arbitration subject to the provisions of the . Public Employment Labor Relations Act of 1971, as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. The arbitrator shall have no right to amend, modify, nullify or ignore the terms and conditions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ORGANIZATION, 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, with copies to both parties and the Bureau of Mediation Services 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 binding on both the EMPLOYER and the ORGANIZATION 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 presented. 11.5 The fees and expenses for the arbitrator's services and proceedings shall be borne � equally by the EMPLOYER and the ORGANIZATION, 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. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. 11.6 If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to the next step within the specified 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 time limits, the ORGANIZATION may elect to take the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the ORGANIZATION � in each step. 8 . , �',��-�� ARTICLE XI - Grievance Procedure (continued) � 11.7 It is undlerstood by the ORGANIZATION and the EMPLOYER that if an issue is determin�ed by this grievance procedure, it shall not again be submitted for determin�tion in another forum. If an issue is determined by any other forum, it shall nat again be submitted for arbitration under this grievance procedure. . ! , . • 9 ARTICLE XII - WAGES � 12.1 The wage schedule for the purpose of this contract shall be Appendix A. ARTICLE XIII - MATERNITY/PARENTAL LEAVE 13.1 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. Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. . • 10 . . ��ai�� ARTICLE XIV - IN�URANCE • 14.1 The EM�LOYER will continue for the period of this AGREEMENT to provide for ernployees such health and life insurance contributions as are provided by EMPLOYER at�the tir�e of execution of this AGREEMENT. 14.2 Far the p�u rpose of this Article 14, full-time employment is defined as appearing on the pa�yroll at least 32 hours per week or at least 64 hours per pay period excluding ov�ertime hours. Half-time employment is defined as appearing on the payroll at least 2a hoursibut less than 32 hours per week or at least 40 hours but less than 64 hours p�r pay period excluding overtime hours. 14.3 Fdr each�eligible employee covered by this AGREEMENT who is employed half-time who sele�ts employee insurance coverage, the EMPLOYER agrees to contribute fifty � p�rcent (�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 percent (50%) of the amount cantributed for full-time employees selecting family coverage in the same insurance p��• A�ive EmRlQyee Hgalth Insurance Contributions 14.4 For each eligible employee covered by this AGREEMENT who is employed full-time and � wMo seleGts employee health insurance program, the EMPLOYER agrees to contribute the cost of such coverage or $80 per month, whichever is less. For each full-time employe� who selects family coverage, the EMPLOYER will contribute the cost of such family coverage or$190 per month, whichever is less. 1�1.4.1 �, Effective May 1, 1990, the contributions specified in Section 14.4 above ' are amended to a maximum contribution of $110 per month for employee , coverage, or a maximum contribution of $220 per month for family coverage. 14.4.2 �, Effective January 1, 1991, the contributions specified in Section 14.4,1 � above are amended to a maximum contribution of $120 per month for ,� employee coverage, or a maximum contribution of $230 per month for ' family coverage. Active Emy�lqyee Li�e Insurance Contributions 14.5 TMe Dis�rict agrees to contribute the cost of life insurance. The amount of life insuranc� provided under this Article 14.5 shall be equal to the employee's annual salary toI the nearest futl thousand dollars. This amount of life insurance shall be reduced to $5,000 upon retirement and shall continue until the early retiree reaches age si�cty-five'�(65), at which time all EMPLOYER paid life insurance shall be terminated. Fdr the �urpose of this Article 14.5, the employee's annual salary shall be adjusted to thie salary as of the first day of the first payroll period after adoption of this • A�REEI�ENT. There shall be no retroactive increase in life insurance coverage. � � Article XIV - Insurance (continued) • Active Emp�yee Dental Insurance Contributions 14.6 The EMPLOYER will contribute for each eligible employee covered by this AGREEMENT who is employed full-time toward participation in a dental care plan offered by the EMPLOYER up to $16.54 per month for single coverage, or up to$47.49 per month for family coverage. 14.6.1 Effective May 1, 1990, the EMPLOYER will contribute for each eligible employee covered by this AGREEMENT who is employed full-time toward participation in a dental care plan offered by the EMPLOYER up to $17.62 � per month for single coverage, or up to $50.58 per month for family coverage. Active EmQloyee Flexible S�ending Accounts 14.7 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. Farly Retiree and Retiree Health Insurance Contrib�t�nns � 14.8 The EMPLOYER will for the period of this AGREEMENT cont�ibute 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-five (65) years of age, the cost of such early retiree coverage or $106.32 per month whichever is less. For such retirees selecting family coverage or $318.41 per month, whichever is less. � Qrovision shall not be a��licable for em�loyees a��ointed after Janua�y 1 tAan 14.8.1 For full-time employees appointed after 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 until such retirees reach sixty-five (65) years of age, health insurance premium contributions up to the dollar amount per month provided by the EMPLOYER in the employee's last month of active service. 14.9 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 fifty percent (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. • 12 . . . �,�o a�a � . Article XIV - Insuranc�e (continued) 14.10 Employees who retire after execution of this AGREEMENT must meet the following candition� at the time of retirement to be eligible for the District con�ibutions to health inSuranc� set forth in Article 14.7 and 14.8. 14.10.1' Be receiving benefits from a public employee retiree act covering employees of Independent School District No. 625 at the time of retirement. � AND 14.10.2 Have severed their relationship with Independent School District No. 625 � under one of the early retiree plans. 14.11 In addition to meeting the eligibility requirements stated in 14.10.1 and 14.102 above, � re�iring elmployees must also meet the following condition in order to be eligible for the early reti`ee insurance benefits set forth in Article 14.8 and 14.9. 1a.11.� 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 � 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. • 14.11.� Retirin employees appointed to a title in this unit prior to October 8, 1986, 9 '�, are not required to meet the eligibility requirements of this section 14.10. 14.12 Full-tim� employees who retire and who meet the conditions set forth in 14.10.1 and 1d.10.2 but who meet none of the conditions set forth in 14.11.1 shall be eligible for the followin� percentages of the amount contributed by the EMPLOYER toward health insuranqe for active employees in the same health plan. Such retirees shall be eligible for suchl conVibution until they reach sixty-five (65) years of age. - Combination of Age ar�d Years of Service Contribution for Con�ibution for at'�ate of Retirement Si�a�e C_ overaae Family Coveraae ' 84 90% 90% 83 80% 80% 82 70% 70% 81 60% 60% 80 50% 50% 14.13 For employees hired or appointed to a title in this unit, prior to October 8, t 986 who r�tire aVt age sixty-five (65) or older, the EMPLOYER will provide such heatth imsuran�e contributions toward employee health insurance plans as are provided for by the EMpLOYER for retirees sixty-five (65) years of age or older as approved by • Board o� Education action. 13 Article XIV - insurance (continued) • 14.14 For employees who retire at the age of sixty-five (65) or oider or for early retirees upon reaching age sixty-five (65), and who have completed at least twenty (20) years of service at the time of their retirement, the EMPLOYER will provide such health insurance 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 Board 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 conVibutions upon their retirement or in the case of early retirees upon reaching age sixty-five (65). For purpose of this Article, , employment in either the Ciry of Saint Paul or Independent School District No. 625 may be counted in meeting the twenty (20) year requirement, except for service prior to a resignation. . � 14.15 A retiree may not carry his/her spouse as a dependent if such spouse is also a DistricUCity retiree or District/City employee and eligibte for and is enrolled in the DistricUCity health insurance program. General Provisions 14.16 The contributions indicated in this Article XIV shall be paid to the EMPLOYER'S Group Health and Welfare Plan. 14.17 Any cost of any premium for any District•offered employee or family insurance • coverage in excess of the dollar amounts stated in this Article XIV shall be paid by the employee. 14.18 NoMrithstanding Articte 14.10, for each eligible employee covered by this AGREEMENT selecting the health coverage program supplied to the EMPLOYER by Physicians Health Plan, who was covered by Physicians Health Plan as of November 1, 1984, and continuously thereafter, the EMPLOYER shall pay the entire cost of employee coverage or $78.98 per month, whichever is less. In addition, for each employee selecting dependent coverage by Physicians Health Plan as of November 1, 1984, and continuously thereafter, the EMPLOYER shall pay the entire cost of dependent coverage or $174.32 per month, v►fiichever is less. This provision shall continue for the duration of this contract. • �4 . . ��aJ�� ARTICLE XV - VACATION • 15.1 In each ¢alendar year, each full-time employee as defined in Article 14.2 shall be granted uacation according to the following schedule: Ye�rs of Service Vacation Granted Le�s than 8 years 15 days Aft�r 8 years through 15 years 20 days Aft�r 15 years and thereafter 25 days � Employees who work less than full-time shall be granted vacation on a pro rata basis. I 15.2 The hea of the department may permit an employee to carry over into the following ' ye�ar up �o ten days of vacation. 15.3 Upon wri�ten request of the employee, submitted prior to December 1 of any year, the head of �he department may permit an employee to carry over into the following year up to an additional five (5) days vacation time (for a total 15 days carryover). If this prbvision is granted, the additional five (5) days must be requested and used by the employe� prior to the following May 30. 15.4 TMe tim� of vacation shall be fixed by the head of the department in which the employe� is employed. If an employee has been granted more vacation than he/she . has ear ed up to the time of his/her separation from the Employer's service, the erhploye�shall reimburse the Employer for such unearned vacation. tf an employee is separate, from service by reason of resignation, the employee shall be granted such vacationl pay as he/she may have earned and not used up to the time of such separatidn, provided that the employee has notified the department head in writing at le�st fifteen calendar days prior to the date of resignation. If an employee is separateid from the service by reason of discharge, retirement or death, he/she shall be grant�d such vacation pay as he/she may have earned and not used up to the time of such !separation. The provisions of this Section shall not apply to temporary employe�s. 15.5 If an em loyee has an accumulation of sick leave credits in excess of one hundred and eighry d ys, any part of such excess may be converted to vacation at the rate of � ome-half day of vacation for each day of sick leave credit. No employee may convert mi�re than ten (10) days of sick leave in each calendar year under this provision. i � 15 ARTICLE XVI - HOLIDAYS • 16.1 Holidays reco9nized and observed. The following 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 Independence Day Christmas Day Two floating holidays . Eligible employees shall receive pay for each of 8�e 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 Eligibili�r 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 payrotl 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. 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 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. 16.5 Notwithstanding Article 16.1 and 16.4 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, President's Day, � Columbus Day, or Veterans' Day shall be deleted from the paid holidays list as set forth in Article 16.1. • 16 . . ��° a�°�� ARTICLE XVII - S�VERANCE PAY • 17.1 Employe s shall be eligible for severance pay in accordance with the School District's Severanc� Pay Plan. The amount of severance pay allowed shall be that amount permitted by state statutes subject to the provision that the maximum amount allpwed st�hall be$4,000. or as established by Section 17.2 of this Article. 17.2 �eyeranc� P�y: Provisions effective January 1. 1985. The Employer shall provide a severanc� pay program as set forth in this Section: 17!.21 To be eligible for the severance pay program, an employee must meet the , following requirements: i17.21.1 The employee must be 58 years of age or older or must be , eligible for pension under the "rule of 90" or the "rule of 85" ! provisions of the Public Employees Retirement Association ��, (PERA). The "rule of "90" criteria shall also apply to employees � covered by a public pension plan other than PERA. ,17.21.2 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. 17.21.3 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 seroice I requirement i 17.21.4 The employee must file a waiver of re-employment with the . ! Director of Personnel, which will clearly indicate that by I 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. !� 17.21.5 The employee must have accumulated a minimum of sixty (60) ,� days of sick leave credits at the time of his/her separation from ' service. i � � I � �� Article XVII - Severance Pay (continued) � 17.22 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. 17.23 The maximum amount of money that any employee may obtain through this severance pay program is$6,500. , 17.24 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. 17.25 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. 17.26 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. 17.27 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 section conflict with said Severance Pay Plan and in such cases, the provisions of this section shall control. 17.28 Any employee hired prior to December 31, 1984 may, in any event, and upon � meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance - pay under either this section or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay ftom the other. Any employee hired after December 31, 1984 shall be entitted only to the benefits of this section upon meeting the qualifications herein. � t8 , 9o-��f . � ARTICLE XVIII - SIiCK LEAVE • 18.1 Er�ploye�s shall accumulate sick leave credits at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave shall be granted in accordan�e with the Civil Service Rules. 18.2 . Any employee who has accumulated sick leave credits, as provided in the Civil ervice Rules, shall be granted one day of such leave to attend the funeral of th�emplqyee's grandparent or grandchild. ARTICLE XID( - MII�EAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 , � 19.1 E�ploye�s of the School District under policy adopted by the Board of Education may b� reimb�rsed for the use of their automobiles for school business. To be eligible for su�ch reir�bursement, employees must receive authorization from the District Mileage Cqmmitteje utilizing the following plan: I Re�mbursement is at the rate of 23¢ per mile. In addition, a maximum amount wh ch can be paid per month is established by an estimate furnished by the • employee and the employee's supervisor. Anbther consideration for establishing the maximum amount can be the ' experience of another employee working in the same or similar position. It i$ necessary for the employee to keep a record of each trip made. • �9 . . . ��a'��` ARTICLE X� • DU�iATION AND EFFECTIVE DATE • � 20.1 m I 'A r m n wi h W iv r f r inin . This AGREEMENT shall represent th� comp ete AGREEMENT between the ORGANIZATION and the EMPLOYER. The pa�ties a knowledge that during the negotiations which resuited in this AGREEMENT, ea�h had the unlimited right and opportunity to make requests and proposals with re pect tb any subject or matter not removed by law fr�m the area of collective batgainin�, and that the complete understandings and agreements arrived at by the patties a�fter the exercise of that right and opportunity are set forth in this AaREEM;ENT. Therefore, the EMPLOYER and the ORGANIZATION, for the life of � this AGRIEEMENT, each voluntarily and unqualifiedly waives the right, and each agrees th�t the other shall not be obligated to bargain collectively with respect to any . su�ject or matter referred to or covered in this AGREEMENT. • 20.2 Ex�cept a� herein provided, this AGREEMENT shall be effective as of the date it is executed�by the parties and shall continue in full force and effect until December 31, 1981, an thereafter until modified or amended by mutual agreement of the parties. Either paFty desiring to amend or modify this AGREEMENT shall notify the other in writing sd as to comply with the provisions of the Public Employment Labor Relations Ac� of 19q1. 20.3 This constitutes a tentative AGREEMENT between the parties which will be • reCommeinded by the Schoot Board Negotiator, but is subject to the approval of the School BOard and is also subject to ratification by the ORGANIZATION. WITNESSES: INDEPENDENT S�HOOL DISTRICT N0. 625 SAINT PAUL SUPERVISORS ORGANIZATION ,_--� „ , � ' ��— � < , � G� '� � 2� � �� - ,> , . 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