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89-766 WNITE - GTV CLERK PINK - FINANCE GITY O AINT PAUL Council CANARV - DEPARTMENT 7� BLUE - MAVOR File NO• `�`� Counc "l Resolution j+�����, Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, That the Council of the it of Saint Paul hereby approves and ratifies the attached 1989 labor agreement et een Independent School District No. 625, Saint Paul Public Schools, and Loc 1 0. 284, School Service Employees, SEIU. COUNCIL MEMBERS Reque rtment of: Yeas Nays Dimond Cl, FICE OF PERSO L D LABOR RELATIONS �� in Fav r Goswitz Rettman p B scne�ne� _ Agains Y -son� Wilson MAY 1 1 Form Ap rove by A orney Adopted hy Council: Date � Certified Pass y"\Counci Sec r BY , By p� 6lppro by 1�lavor: Date � Y i 4 � p7 Appr ed by Mayor for Submission to Council B P��ltSNFD MAY 2 0198 w . ��f`7�� DEPARIMENT/OFFlCE/OOUNqL DATE INI TE ����I!y1 P°' Personnel & Labor Relations 04- 3- 9 GREEN SHEET NO. 7�� OONTACT PER80N�PHONE I � � 17 INITIAUDATE ARTIr1ENT DIRECTOR / CRY C James C. Lombardi 292-7301 � � GTYATfORNEY cmc�.e�nc MUST BE ON OOUNqL MiENDA BY(DATE) ROUTI BUDOET DIRECTOR 1 �8�0'T : y., r••• MAYOR(OR AS81ST ! TOTAL#�OF SIGNATURE PAGES � (CLIP A L ATIONS FOR SIONATUR� ACTION REOUESTED: This resolution approves the 1989 labor ag eement between Independent School District No. 625, Saint Paul Public Schools, and Lo al No. 284, School Service Employees, SEIU, exclusive representatives for Cook Mana er . REOOMMENDATIONS:Approve(N a Rsjs�.K(R) �, M �qEpppT OPT�pNA� _PLANNINQ OOMMIS810N _CIVII SERVICE COMMISSION �Y� PFIONE NO. _C18 COMMITTEE _ R��+EIVED COMME _STAFF — A i}� 1 U ��H J _DI8TFiICT COURT _ BUPPORT3 WHlqi OOUNdI OBJECTIVE4 �.i�Y6 INITIATING PR�LEM,ISSUE.OPPORTUNITY(Who,What,When,When,Wh�: None ADVANTAGES IF APPROVED: See Attached Summary DISADVANTACiES IF APPROVED: ' None � as�owurr�oes iF rioT,��oveo: Contract provisions would not supercede Ci il Service Rules. ������: �e�^arct� Center � 1�,�'� 1q ��::�:� TOTAL AMOUNT OF TRANSACTION = NO C O S t t O C i t y T/REVENUE BUDOETED(CIRCLH ON� YES NO FUNDINO SOURCE A IVITY NUMBER FlNANqAL INFORMATION:(EXPWN) � A NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE(3REEN SHEET INSTRUCTIONAL MANUAL AVAILABIE IN THE PURCHASING OFFICE(PHONE NO. 298-4225). ROUTING ORDER: Below are preferred routings for the five most frequent rypes of documents: CONTRACTS {assumes authorized COUNCIL RESOLUTION (Amend, Bdgts./ budget exists) Axept. Grants) 1. Outside Agency 1. Depsrtment Director 2. Initiating Department 2. Budget Director 3. City Attorney 3. Ciy Attomey 4. Mayor 4. Mayor/Assistant 5. Finance&Mgmt Svc�. Director 5. City Council 6. Finance Accounting 6. Chief Accountant, Fn&Mgmt Svcs. ADMINISTRATIVE ORDER (Budget COUNCIL RESOLUTION (all others) Revision) and ORDINANCE 1. Activity Manager 1. Initiating Department Director 2. Department Accountant 2• City Attomey 3. Department Director 3. MayoNAssistant 4. Budget Director 4. City Council 5. City Clerk 8. Chief Accountant, Fln &Mgmt Svcs. ADMINISTRATIVE ORDERS (all others) 1. Initiating Department 2. Ciry Attorney 3. MayodAssistant 4. Gry Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#M pages on which signatures are required and paperclip each of these pages. ACTION AEQUESTED Describe what the proJecUrequest seeks to accomplish in either chronobgi- cal order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the iasae in question has been presented before any body, public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which Council objective(s)your projecUrequest supports by listing the key word(s)(HOUSINQ, RECREATION, NEIGHBORHOODS, ECONOMIC DEVELOPMENT, BUDGET, SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) COUNCIL COMMITTEEIRESEARCH REPORT-OPTIONAL AS REQUESTED BY COUNCIL INITIATING PROBLEM, ISSUE,OPPORTUNITY Explain the situation or conditbns that created a need br your project o�request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget prxedure required by law/ charter or whether there are speciflc ways in which the City of Saint Paul and its citizens will benefit from this pro)ecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed(e.g.,traffic delays, noise, tax increases o�assessments)4 To Whom?When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative cwnsequences if the promised action is not approved? Inability to deliver service?Continued high traffic, noise, accident rate?Loss of revenue7 FINANCIAL IMPACT Afthough you must taibr the information you provide here to the issue you are addressing, in general you must answer two questions: How much is it going to cost7 Who is gofng to paY7 . ����� • Attachment INDEPENDENT C OOL DISTRICT NO. 625 BOAR F EDUCATION ST. PAU UBLIC SCHOOLS DATE: Februarv 28. 1989 TOPIC: A. PERTINENT FACTS: � 1) This is a proposed one- ear ntract,for calendar year 1989. ' 2) CoMract changes inclu e: GRIEVANCE : Deletion oi reference to Civil Service Commission as afternative route for iev nce review. DISCIPLINE : Deletion of reference to Civil Service Commission as alternative route for revi w. INSURANCE — Health Care: Single coverage premium contribution increased from$85.00 to$95.00 per month. — Dernal Care: Single coverage premium contribution increased from$15.00 to$17.00 per month. — Retiree Covera e: Additional eligibility requirements added. ��: Increases oc r o December 31, 1988 and on July 1, 1989, and include comp rab e worth adjustments. 3) There are 12 employee in t is bargaining unit. 4) This item is submitted b Ph Ilis E.Byers,Negotiator, and Curman Gaines, Associate Superintend t, dministrative Services. � , ��-7�� � Labor Agreeme�-Cook Managers February 28, 1989 Page 2 B. RECOMMENDATION: That the Board of Education of nde endent School District No. 625 approve and adopt the Agreement concerning th ter s and conditions of empioyment of those Cook Managers in this schooi district or hom the School Service Employees Local No.284, S.E.I.U.,is the exclusive repres nta ve; duration of said Agreement is for the period of December 31, 1988 through De em er 29, 1989. ��-��� • CONTENTS NEGOTIATED TERMS N CONDITIONS OF EMPLOYMENT .� ACtIS�.@ Paae I. Definition of AgreemeM. ..... ..............................................................1 . II. Recognition................. '..... ..............................................................1 III. Check Off - Fair Share ...... .................................................................2 IV. Maintenance of Standa s.. ................................:...............................2 V. Grievance Procedure.... ..... ..............................................................3 VI. Non-discrimination......... ..... ..............................................................5 VII. Holidays ....................... ..... ..............................................................6 VIII. Sick Leave .................. ..... ................................................................6 IXHours - Overtime.......... ..... ................................................................7 x. vacations...................... ..... ..............................................................� XI. Lunch Break................. ..... ...............................................................7 XII. Civil SeNice Examinatio .... ..............................................................7 • XIII. Layoff Notice................. ... .............................................................7 XIV. Insurance Benefits .. . .. . •• 8 XV. Severance Pay.............. ..... ................................... . 9 XVI. Working Conditions....... ..... ............................................................11 XVII. Court Duty.................... ..... ...........................................................:.12 XVIII. Sick Leave Conversion ..... ..............................................................12 XIX. Heatth Insurance Provis' n f Retirees..............................................12 XX. Discipline and Discharg ... ..............................................................13 XXI: Leaves.......................... ..... ............................................................14 XXII. Uniforms ...................... ..... .............................................................15 XXIII. Wage Scale...................!..... ..............:.............................................15 XXIV. Duration of Agreement. ..... .............................................................15 . A�nendices • A. Vacation B. Wage Scale • - ii - ��~�'�� • ARTIC�j-QEFINITION QE A[�RFFI►AFNT SECTION i, pARTIES: THIS AGREEM NT is entered iMo between the Boa.rd of Education, Independent School District No. 625, Saint Pa I, Mi�nesbta, Ihereinafter referred to as the Board of Education, and School Service Employe s cal No. 284, S.E.I.U. (certified by the Director of the Bureau of Mediation Seroices as the ex lusi e representative), hereinafter refened,to as Local No. 284, pursuant to and in compliance wit th Public Empbyment Labor Relations Act of 1971, as amended,to set forth the terms and co itio s of employment. SECTION g. PURPOSE: The purpose of is greement is to promote orderly and constructive relationships between the Board of Educati n,t e empbyees of this unit, and Local No. 284. . ABII�LE ll-RECOGNITION SECTION 1• The Board of Education recognizes Lxal . 2 4 as the certified exclusive representative for the following unit: Ati food service personnel in the cla sif' ations of Cook Manager I, Cook Manager II,Cook Manager III, Food Preparation Su rvi or, Quality Control Assistant, and School Lunch Coordinator employed by Indep nd nt School District No. 625 whose terms and conditions of employment are esta lish d by the City of $aint Paui Personnel Office,who � are employed for more than 14 ho rs er week and more than 67 work days per year, excluding all other employees. SECTION�• The Board of Education agrees that so lo a Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 97 as amended, and as certified by the Bureau of Mediation Services, State of Minnesota, for all rsonnel defined in Section I of this Article,that it will not meet and negotiate with any other bo or employee organization concerning the terms and conditions of employment for this unit. . • _ 1 _ ARTICLE lll-S�IES'i.K QEE-F.91H s�HAHE • SECTION 1• The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues irom 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 agg�egate deductions of all employees shall be remitted together with an itemized statemeM to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2• 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 85% of the Union membership dues amount. This provision shall remain operative only so bng as spec'rfically provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85% of regular membership dues, the full amount permitted by law may be assessed by the Union. SECTION�• The Union will indemnify, defend, and hold the School District harmless against any claims made �nd against any suits instituted, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving � deductions under this Article. ARTICLE jy-MA�NTENANCE QF STANDARDS SECTION 1• The City agrees that all conditions of employment relating to wages, 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 SaiM Paul (Resolution No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, and the conditions of employment shall be improved wherever spec'rfic provisions for improvement are made elsewhere in this Agreement. • • - 2 - �y�- ��� • ARTICLE y-GRIEVANCE PROCEDURE SECTION 1• This grievance procedure is established to r ol any specific dispute between the employee and the Schooi District conceming, arld li ite to, the interpretation or application of the provisions of this Agreement. ; SECTION 2• An employee presenting a grievance may lec to be represented by an appropriate Union represer�ative. At Step 1 or Step 2 of the iev nce pfocedure, the employee may choose to � present his/her grievance without being r pre ented by a Union representative, provided, however, that the Union representative shall be otified of the adjustment or settlemerit of any Step 2 grievance and provided further that a a justmerrt or settlement shall not be inconsistent with the terms of the Agreement. SECTION�• It is recognized and accepted by the Union a d t Employer that the processing of grievances as hereinafter provided is limited by the job du ies nd responsibilities of the employees and shail therefore be accomplished during normal w rki g hours when consistent with such employees' duties and responsibilities. The aggrieved e I ee and a Union represeMative shall be allowed a reasonable amount of time without bss of ay hen a grievance is investigated and presented to the Employer during normal working our provided that the employee and the Union representative have notified and receive th approval of the designated supervisor and • provided that such absence is reasonable a ould not be detrime�rtal to the work programs of the Employer. It is understood that the Emp ye shall not use the above limitation to hamper the processing of grievances. �E�IL4r14• A grievance shall be resolved in the followim m �ner: Subd• 1 (Step 1). Any employee claiming sp c'rfic disagreement concerning the irrterpretation or application of the provisions of this Agre me shall,within twenry (20) working days of its first occurrence or within ten (10)working days f th time the empbyee reasonably shoutd have had knowledge of the occurrence, whichever is ate , discuss the complaint orally wdh the Director of Schoa! Food Service (or other representa ve esignated by the SuperintendeM). The Director of School Food Service (or SuperintendenY re resentative) shall attempt to adjust the complaiM � at that time. ��(Step 2). If the grievance is not r sol ed through oral discussion and concluded within � five (5)working days, the empbyee may a pe I the grievance to Step 2 by placing the grievance in writing, setting forth the nature of the gri van e,the facts on which it is based,the provisions of the Agreement allegedly violated, and th re edy requested. This w�itten statement shall be presented to the Director of School Foo Se ice for formal discussion and written response. The formal discussion of the grievance sh II b within ten (10)working days of the receipt of the written grievance by the Director of Schoo F d Service. A reply shall be given to the employee and the Union in writing within ten(10)day fol wing the formal discussion. If the employee is not satisfied with the findings on Step 2,the g eva ce may be appealed to Step 3. • � - 3 - ARTICLE y Grievance Procedure (continued) • Subd. 3 (Step 3). A grievance not resolved in Step 2 and appealed to Step 3 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 3 by the employee and the Union within fifteen (15) working days after the Employer- designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the employee and the Union within fifteen (15)working days shall be considered waived. If appealed, the written grievance shall be presented by the employee and the Union and discussed with the Superintendent of Schools or his representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shall give the Union the Employer's Step 3 answe� in writing within ten (10) working days following the , presentation and discussion of the matter. If the employee is not satisfied with the findings on Step 3, the Union may request arbitration within ten (10)working days after receipt of the Employer's reply on Step 3. Subd. 4 (Step 4). A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employmerrt 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 procedures of the Minnesota Bureau of Mediation Services. SECTION�• � The arbitrator shall have no right to amend, modify, nullffy 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 Union,and shall have no authority to make decisions 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, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the 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 Union 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. The fees and expenses for the arbitratoPs 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. If both parties desire a verbatim record of the proceedings,the cost shall be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis pf the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the spec'rfied time limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. • - 4 - ���`7�� • ABIL�LE Y S�ti�van�s E[QGSdu[S (co tin ) SECTION�. �II�Remedies : A party instituting any action, proceeding or compiaint in a federal or state court of I , or before an administrative tribunal, federal agency, state agency,or seeking relief through any stat tory process for which relief may be granted,the subject matter of which may const�ute gri vance under this Agreement, shall imnfSediately thereupon waive any and all rights to pu ue grievance under this Article. Upon instituting a proceeding in another form as outlined her in, the empbyee shall waive his/her rigM to initiate a grievance pursuant to this Article, or, ff th gri vance is pending in the grievance procedure, the right to pursue it further shall be immediat ly aived. This Section shall not apply to actions to compel arbitration as provided in this Agree or to eMorce the award of an arbftrator. .. ARTICLE y,�. NON-DISCRIMATION SECTI�N 1. Neither the Union nor the Empioyer shall isc minate against any employee because of Union membership or nonmembership,or becau of ace,color, sex, religion, national origin or politicai opinion oF affiliations. � . • ARTICLE YJl• HQLLQ6YS • SECTION 1• Regular or provisional employees in the bargaining unit shall be granted holidays off with pay provided, however, that their names have appeared on the payroll on any six working days of the nine working days preceding the holiday, or on 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 a holiday be couMed as a working day;holiday pay is assu�ed for the Labor Day, Christmas Day, and New Year's Day holidays,for any active and regularly-working employee. The following days are declared to be the holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January ' Washington's and Lincoln's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veterans' Day November 11 Thanksgiving Day Fourth Thursday in November ! Christmas Day December 25. If one of the above listed holidays falls on a day when school is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday. All employees will be expected to work on atl days when school is in session, except when on approved leave. In addition, a floating holiday is to be granted subject to prior approval of the employee's supervisor. To be eligible for the floating holiday, a reguta�or provisional employee must work at least an equivalent of four full biweekly pay periods (320 hours). Regular or provisional employees who woiic an equivalent of thirteen full biweekly pay periods (1,040 hours) shall receive an additional floating holiday. Holiday pay will be paid on the basis of the employee's regularly-scheduled number of hours in the wo�lc day. ARTICLE Y111• s�LS��S LEB.YE SECTION 1• Sick leave is provided in accordance with ihe spec'rficatians of Civil Service Regulations. • _ 6 _ C��7 `,�(O� ARTIC�J�, ��-OVERTIME • SECTION 1. H�URS: This section is i en ed only to define the normal hours oi work and to provide the basis for the calculation of ve ime pay. Nothing he�rein shall be construed ae a guarantee of hours of work per day or w ek. The nortnal work day shall be ebht (8) hours of work and the normal work week, regardle o shift arrangemer�ts, shall be an average of forty(40) hours of work. SECTION 2. OVERTIME: Overtime is t be aid fo�at the rate of time and one-half(1-1/2)for all work in excess of an eight (8) hour work ay or for time on payroll, or for hours in excess of forty . (40) hours per week. ARTICLE�. VACATIONS SECTION 1• Vacations shall be earned by eligible em loy es on the basis of the Civil Service formula stated in Appendix A attached. • AflT1GLE Xl• L�ti HHEAIS ' SECTION 1• All employees are entitled to a duty-fre lun h break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICI.E X!1• SLY1L SERVICE SECTION 1• Notice of Civil Service (Personnel) Ex mi tions shall be posted in the kitchen in each work location no later than five (5)working da s b fore the closing date for examination. . AflI1�LE X!!!• l.AY4EE NOTICE SECTION 1• Whenever possible,finro (2) weeks'notic sh II be given any employee laid off. • - 7 - ARTICLE�J�[. INSURANCE BENEFITS . SECTION 1. HOSPITALIZATION�jQ�1NSURANCE: Health and Welfare benefits shall be provided under the plan carried by the City of Saint Paul and Independent School District No. 625 for Civil Service personnel. Subd. 1. The Employer will attempt to prevent any changes in the benefits offered by the Health Maintenance Organizations plan. However, employees selecting one of the plans offered by one of the Health Maintenance Organizations agree to accept any changes in benefits which the specific Heafth Maintenance Organization implements. SECTION 2• Subd• 1• Effective Januarv 1. 1989. the Employer agrees to contribute to the premium cost of ' hospital and medical coverage up to$95.00 per month for each employee who is eligible for such coverage. Subd. 2. In addition, for each eligible employee who elects dependent coverage, the Employer will contribute up to $100.00 per month. Subd. 3. The Employer agrees to coMribute to the cost for$5,000 of life insurance coverage up to$3.30 per morrth for each employee who is eligible for such coverage. Subd. 4. Effective January 1, 1989, the Employer agrees to contribute up to $17.00 per month to the premium cost for a dental plan selected by the Employer,for each employee who is eligible tar such coverage. P •��. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. . • - 8 - ��� ��� � • ARTICLE�[-SEVERANCE p� 15.1 The Employer shall provide a se ra e pay program as set forth in this Article. 15.2 To be eligibie for the severanc p y program, an employee must meet the following requirements: 15.21 The employee must be. 8 y ars of age or older or must be eligible for pension under the "rule of 90" r t "rule of 85" provisions of the Public Employees Retirement Association PE A). The "rule of 90"or the "rule of 85"criteria shall also apply to empioyees cov red by a public pension pian other than PERA. 15.22 The employee must be olu tarily separated from School District employment or ' have been subject to ep ation by layoff or compulsory retirement. Those employees who are di harged fof cause, misconduct, inefficiency, incompetency or any o er isciplinary reason are not eligible for this severance pay program. 15.23 The employee must ha at least ten(10) years of consecutive service under the classified or unclassifie Ci il Service at the time of separation. For the purpose of this Article, empby errt in either the.City of Saint Paul or in Independent School District No. 62 rri y be used in meeting this ten- (10) year service requirement. 15.24 The employee must file w iver of re-empbyment with the Director of Personnel, which wili cleariy indica th t by�equesting severance pay,the employee waives • ali ciaims to reinstatem m r re-empbyment (of any type) with the City of Saint Paul or with Independe t S hool District No. 625. 15.25 The employee must ha a umulated a minimum of sixty(60)days of sidc leave credits at the time of his sep ration from service. 15.3 If an employee requests sev ra ce pay and if the employee meets the eligibility requirements set forth above, h or he will be granted severance pay in an amount equal to one-half of the daily �ate of ay or the position held by the employee on the date of separation for each day of acc ed ick leave subject to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of mon y t at any employee may obtain through this severance pay program is$6,500. 15.5 For the purpose of this seve an e pay program, a death of an employee shall be considered as separation of e plo ment and, ff the employee would have met all of the requirements set forth above t th time of his or her death, payment of the severance pay may be made to the emplo ee' estate or spouse • - 9 - ARTICLE�y. Severance p� (continued) • 15.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employmerrt is not considered as separation of employmerrt, and such transferee shall not be eligible for this severance program . 15.7 The manner of payment of such severance pay shall be made in accordance with the provisions of the School Distr'�ct Severance Pay Plan already in existence. 15.8 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. 15.9 The provisions of this Article shall be effective as of January 1, 1985. 15.10 Any employee hired prior to Dece�er 31, 1984 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, 1984 shall be entitled only to the benefits of this Article upon meeting the qualifications herein. 15.11 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 represeMative dated October 19, 1983. • - 10 - ' �d ` ���� • ARTICLE�. �Q(Q��i CONDITIONS �ECTION i. EMERGENCY CLOSINGS: If it be m s necessary or desirabie to cbse a schoot as a resuft of an emergency, the effort shall be ad to notify employees not to come to work. Employees not notified who report for work shall �aMed two(2) hours'pay at their regular rate. SECTION 2. WORKSHOPS: Employees in the Food Service program ordered by the Food Service Director to attend Food Service wo s s sh2�ll be reimbursed for the tuition of the workshop and the normal hou�ty rate for the ti s nt in the workshop. n SECTION�. ��'a,E: When an empbyee s r uired and authorized by the proper supervisor . to use his or her personal vehicle in the irrter st f the Empbyer (i.e., trips to the bank, grocery store, etc.), mileage reimbursement will be aid at the current Schooi District rate, and by the approval of the Food Service Director. SECTION g,. WORKING Q�QF : Employer shall avoid,whenever possible, working an employee on an out-of-class ss' nment for a prolonged period of time. Any employee working an out-of-class assignm t f r a period in excess of fifteen (15) working days during any fiscal year of employment shall re eiv the rate of pay for the out-of-class assignment in a higher classification not later than the six e h day of such assignment. For purposes of this Article, an out-of-class assignment is defin d a the full-time performance of all of the significant duties and responsibilities of a classfficati n b an individual in anothe�classification. For the purposes of this Article, the rate of pay for n t-of-class assignment shall be the same rate the employee would receive if he/she were pro t d to the higher class"rfication. • SECTION�. �Qg��I,BQ�(A�1ScE QE y,EAg: In the everrt that a manager is required to work in advance of the beginning of the sc ork year in arranging the work force,the manager will make the arrangements from a schoo dis ict facility as assigned, and wiil be paid the regular contract rates for the assigned duty time. � J • — �� � ARTICLE��CIl• Sr,�t�� i SECTION 1• . Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the smployee or the Union against the Employer. Any fees that the employee shall receive from the court for such senrice shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE�[J,ll. ,�(��I F�AVF�ONVERSION � �ECTION�.• Accumulated sick leave in excess of 180 days may be converted to vacation at the rate of 2 days' sick leave for 1 day vacation up to a maximum of 5 days'vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. ARTICLE�. �.gj INSURANCE PROVISION�RFTIRFF� SECTION 1• ,��.1. The Employer will provide payment of health insurance premium contributions for those who retire prior to age 65, and who are receiving a PERA pension, provided they are eligible and • covered at the time of retirement,to be continued to age 65 at the same amount paid at the time immediately preceding retiremerrt. This provision shall be applicable to any empbyee who retired on or after July 1, 1973, except that prior to January 1, 1974,the Employer will not be responsible for premiums. The employee must apply for this coverage prior to the date of retiremerrt in order to receive the benefit. Subd.� Notwithstanding the provision of Section 1, Subd., 1 of this Article, effective January 1, 1989, any employee hired or appointed to a position in this unit after January 1, 1989, must have completed 20 years of continuous employmeM in the School District prior to retirement in order to be eligible for any payment of any insurance premium contribution by the Employer after his/her retirement. r • - 12 - ����`7�� • ARTICLE�. DISCIPLINE�Q DISCHARGE SECTION 1• The Employer shall have the right to impose di ipl ary actions on employees for just cause. SECTION 2• , Disciplinary actions by the Employer shall incl de nly the following actions: (1) Oral reprimand � (2) Wrmen reprimand (3) Suspension (4) Demotion (5) Discharge. SECTION,�• Employees who are suspended, demoted r d harged shall have the right to request that such actions be reviewed through the grievan p cedure provided in Article V of this Agreement, � including arbitration. This contract g�iev nc procedure shall be the normal process for such review. SECTION 4• Discharges will be preceded by a five ( d preliminary suspension without pay. During said period, the employee and/or Union ma re uest, and shall be eMitled to a meeting with the Employer representative who initiated th su pension with intent to discharge. During the five (5) day period, the Employer may affirm e uspension and discharge in accordance with the Personnet Rules or may modify,or withd w ame. • - 13 - ARTICLE�1• 1.�Y_E� • SECTION 1. LONG-TERM l F�AVFS 1NITHOUT pgy: Leaves of absence may be requested, on the basis specified in Civil Service Regulations. Effective July t, 1976, the Food Service Director will reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. SECTION g. SHORT-TERM I F�WITHOUT pgy: Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to - satisfactorily maintain the particular assignment of the employee involved. Subd• 1• Applications for such leaves must be submitted in writing to the Food Service Director at � least forty-five (45) calendar days prior to the proposed start of the leave without pay and shall include the proposed period of the leave and purpose for leave. Subd• 2. Effective April 1, 1979, the Director of Food Service shali notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately follow a one-week or two-week school vacation, the thirty days' notice shall occur thirty days before the beginning of such vacation period, providing the request was received at least fifteen (15) days earlier. �. 3. Eight (8) such leaves shall be made available by the Employer in each school year, for the entire department (i.e., for Cook Managers and Food Service Personnel combined). Four of the eight leaves available shall be reserved for empbyees who have worked for the Food Service � Department for at least five years. The other four leaves will be avaitable to employees on the basis spec'rfied in this Article. Subd. 4. No more than two such leaves will be grarrted during the month of January and no more than two leaves will be grarned during the month of Febn�ary each year. • - 14 - ����� � ARTICLE�j. UNIFORMS • SECTION 1• Employees will be provided two new uniforms r chool year by the Empioyer; employees who are assigned a twelve-moMh work year, rat er an the school year, will receive three new uniforms per year. Selection of uniforms is the m loyer's option. Subd. 1. A new empbyee must have worked t I ast thirty (30)working days in a forty-five (45) working day period before receiving the three n'rf supplied for start up by the Employer. Subd• 2. An employee who has received u ifo s and then terminates employment for any � reason after less than six (6) full moMhs of a ve mpbymeM, is obligated to return the un'rforms to the School Food Service. If the uniforms a e t returned, 90%of their costs will be deducted from the final paycheck of the terminating em y . ABIJ�LE X2Slll• l�IA�E s�BLE See Appendix B. ARTICLE XXIV. DURATION QE This Agreement shall be in full force and eff f om December 31, 1988, th�ough December 29, � 1989, and shall automatically be coMinued f om ear to year thereafter, unless a new Agreement is developed in accordance with the provisi ns f the Public Employment Labo� Relations Act of 1971, as amended. Intent to negotiate a ne Agreement shall be indicated by either party providing written notice thereof at least ni ty 90) days prior to the termination date set forth herein. 1 • - 15 - C���7�� �JS AC+FtFFiu1FNT • - THIS AGREEMENT IS BY AND BETWEEN IN PENDENT SCHOOL DISTRICT NO.625 AND SCHOOL SERVICE EMPLOYEES LOCAL O. , S.E.I.U.� AFL-CIO, ON BEHALF•OF COOK MANAGERS. In fuli settlement of 1989 negotiations betw n t e herein paRies, the paRies hfve adopted this ApreemeM�whiCh is atleChed heret0 end ma e n he�eof. It is understood that this settlement shall su ject b approval and adoption by the Board oi Education oi INDEPENDENT SCHOOL DIST ICT O.625 as weN as ratification by the UNION. a - IndependeM School District No. 625 hool Service Ert�byees Local — o.284,S.E.I.U.,AFL-CIO i .�'�--�� � siness Representative � / � � e St ard • . n � ��� _� Chairtnan.Board of Ed�x�tion Dat / . /9�9 Date , • - 1 - C/� 0 � 6l0 �° �1X B • Regu atio Efiective t-5-74 Vacationlfor ess Than a Full Year For the purpose of computing the amou of vacation an employee who is eligible for finrerrty-one � days after 15 years of service and twe ty- o days after 25 years of service has earned, the following shall apply: � � Hours of Vacation Earned Years of Servioe Per Hour on Payroll First Five Years .0384 After Five Years . 0576 After Fifteen Years .0806 After Twerrty-five Years .0845 Ro nd off to the nearest hour. Example: If an employee with t ee ears of service appeared on the payroll for 1,680 hours i 1 2, he/she will have earned(1,680 x i .0384) 64.51 hours of va ation. This is rounded off to the nearest hour and the e pl ee is granted 65 hours of vacation. The time of vacation i fix d by the head of the department in which the empbyee is mp yed. 9 ti • - A - _ = m o u t SoE � � O N N V ` � � � CO d' � . � n � �� 3 � N eF «. J 01 O� C� � � O iA cC C � m � d � N d C x c '� Ec h� � c�c v rn � c��, �`�� °' a� � v a � � «� v v � °`n � a�i Q � v� a� o� o� " °� o,.N � c o $ � � w o � ��LL .,. �c� co a � ►� oi �� a o O N M M � � ��— ; � C! 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