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99-24Council File # � �. y ORIGINAL RESOLUTION �% � CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 35072 Committee Date /61 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1998 through June 30, 2000 Employment Agreement between the Independent School District No. 625, Saint Paul Pubiic Schools, and The Tri-Council, Local No. 49, Loca1 No. 120, and Local No.132, 4 Exclusive Representative for Drivers, Crrounds and Labor Employees, and Heavy Equipment Operators. Requested by Departrnent of: Office of Labor Relarions Adopted by Council: Date °� � Adoption Certified by Council Secretary By: �� -v-�+ Approved by Mayor: Date �Z zl�i ( By: ��/�� C� � '�1.i By: � Form Appro ed by rney B � `� 1'I.�aikf • �� : . : � . � . �. . �:.�, � �`1� � � . aq��4 DEPARTMENT/OFFICE/COUNCIL: DATE WTfIATED Gg�EN SHEET No.: 350�2 � ' LABOR RELATTONS 12/28/98 'C.t� CONTACT PERSON & PHONE: p �'i7A�DA'�'� u��TTAUUATE IiJLIE KRAUS 266-6513 p�IGN 1 DEPARTMENI DII2 � a crrv couxcn. pUMBEIt 2CITYATTORNEY� CITYCLERK MUSf BE ON COUNCII. AGENDA BY (DAT� F�R BUDGEf DIIL FIN. ffi MGT. SERVICE DIlt ROUTING 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCA770NS FOR SIGNATURE) ACTION REQUESfED: This resolution approves the attached 3uly 1,1998 through June 30, 2000 Empioyment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Local No. 49, Local No. 120, and Local No. 132, Exciusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. RECO[.Rv1E13DAT10NS: Apprrne (A) m Reject (R) PERSONAL SERYIC£ CONTILACTS MUST ANSWER 77IE FOLLOW A'G QUESTIONS: _PLANMNG COM&IISSION _CIVIL SERVICE COMMISSION I. Has this persodfirm ever worked under a contract for this departrnent? CIB COMIvIIT1'EE Yes No STAFF 2. Has this penon/fum ever been a city emp�oyee? DISIRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTI VE? 3. Does this persoNfinn possess a skill not notmally possessed by any current ciry employee? Yes No E:plai¢ atl yes answers o¢ seQarate s6eet sud attach to greeo sheet INITIATING PROBLEM, ISSUE, OPPORT[1N1TY (W6o, What, W6en, W6ere, Why): ADVAN7'AGESIFAPPROVED: , G�vb�� "� This Agreement pertains to Board of Education employees only. �E� � � €��J DISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: TO'CAL AMOUNT OF TRANSACI'ION: COST/REVENUE BiIDGETED: FUNDING SOURCE: ACi'IVITY NUMBER: �nivc�nLUVFOxMnrioN: �rLnm� RECEIVE� DEC 3 0 1998 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATtON SAINT PAUL PUBLIC SCHOOLS DATE: October 20, 1998 99-a4 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools, and Tri-Council Local No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000. 2. Contract changes are as follows: • Waqes: Effective July 4, 1998, the salary schedule rates will be increased an average of 2.5 percent, and Grounds Crew Leader and Labor Crew Leader pay rates will be increased by an additional 25 cents per hour. Effective Jufy 3, 1999, the salary schedule rates will be increased an average of 2.5 percent. • Premium Pav: The premium pay schedule was simplified to provide only two basic rates for premium work. Insurance: The insurance premium contributions by the District will increase from $200 for single coverage and $340 for family coverage as follows: Sinple Familv Effective January 1, 1999 $205 $375 Effective January 1, 2000 $215 $400 Effective January �, 1999, full-time employees who are married to another District employee and who are covered under their spouse's health plan may waive the single or family contribution to health insurance and receive up to $150 per month toward their spouse's family premium. • Retiree Health Insurance: Language revised, removing options that created a tax liability for employees. • Holidavs: The Thanksgiving. � The eligibility la aligning the le: processing time. Columbus Day holiday is deleted and replaced with the Day After eterans Day and two 1loating holidays are converted to vacation days. iguage is revised. These changes streamline the leave system by ve system with the organizational calendar and reducing payroll- • Severance Pav: Employees who retire and meet eligibility requirements wifl receive $65 per eight hours of unused, accumulated sick leave up to a mvcimum of $15,000. This replaces all previous severance pay plans. Sick Leave: Employees may use up to five sick days to care for and attend to the serious or critical illness of his/her spouse or dependent parent. Sick leave accumulation exceeding 1,440 hours may be converted to vacation on a 2-to-1 basis, to a maximum of 40 hours per year. q9 -�y Approval of Employmeni Agreement for Tri Council October 20, 1988 3. The District has 20 regular FTE's in this bargaining unit. Page 2 4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim Executive Director, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Tri-Council Local No. 49, Local No. 120, and Local No. 132, is the exclusive representative; duration of said Agreement is for the period of July 1, 1998 through June 30, 2000. �a-a�{ ^ - , � �� _ � � 1998 - 2000 COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 1998 through June 30, 2000 � Saint Paul Public Schools L/ F E L O N G L E A R N/ N G « � � � � Saint Paul Public Schools L/ F E L O N G L f R R N/ N G SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Mary Thomton Phillips - Chair Greg Filice - Vice Chair Gilbert de la O- Clerk Neal Thao - Treasurer Administration William A. Larson Maureen A. Flanagan Luz Maria Serrano Lois M. Rockney Cy R. Yusten Tom Conlon - Director 8ecky Montgomery - Director AI Oertwig - Director - Interim Superintendent of Schools - Executive Assistant Superintendent of Schools - Interim Assistant Superintendent Accountability, Technology and Support Services - Interim Assistant Superintendent Fiscal Affairs and Operations - Assistant Superi�tendent Teaching and Leaming , � � � ��-a� g ,=�; �� G • • TABLE OF CONTENTS ARTICLE TITLE Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Artic{e Article Article Article Article Principles............................................................ 1. Recognition ............................................................ 2. Maintenance of Standards ..................................... 3. Union Rights .......................................................... 4. Payroll Deduction ................................................... 5. Management Rights .............................................. 6. Safety ..................................................................... 7. Hours ..................................................................... S. Seniority ................................................................, 9. Holidays ................................................................. 10. Vacations .............................................................. 11. Sick Leave ............................................................ 12. ParentailMatern'rty Leave ...................................... 13. Jury Duty ............................................................... 14. Wages ................................................................... 15. I ns u rance .............................................................. 16. Severance Pay ..................................................... 17. Discipline Procedures ........................................... 18. Grievance Procedure ............................................ 19. Legal Services ...................................................... 20. Strikes, Lockouts, Work Interterence ................... 21. Savings Clause ..................................................... 22. Jurisdiction ............................................................ 23. Terms of Agreement ............................................. AppendixA ........................................................... Appendix ........................................................... In dex ..................................................................... � PAGE ................°-°.....-°-°....... iv ........................................ � ........................................ 2 ........................................ 2 ......................................... 2 ......................................... 3 ......................................... 3 ........................................... 4 .............................. 5 ............................. 6 ...................................... 7 ...................................... 8 ............................................ 9 ............................................ 9 ..........................................10 ..........................................15 ..........................................16 ..........................................17 ........................... . ..............19 ..........................................19 ..........................................19 ..........................................19 .......................................... 20 - -.... - .........................21 ............................................. 22 ............................................. 24 PRINCIPLES This Agreement is entered into to facilitate the adjustment of grievances and disputes between � the Employer and employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the Emptoyer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relafionships beiween their respective representatives at all levels. The officials of the Empioyer and the Union realize that this goal depends primarily on cooperative attitudes between peopte in their respective organizations and at atl levels of responsidility, and that proper attitudes must be based on full understanding of and regard for the respeetive rights and responsibilities of both the Employer and the employees. There shall be no discrimination against any employee by reason of race, color, creed, sex or Union membership. The Employer and the Union affirm their joint opposition to any discriminatory practices in connection viith employment, promotion or training, remembering that the public interest remains in full utilization of employees' skili and ability without regard to consideration of race, color, creed, national origin, age or sex. � r1 �J iv q9-a� • ARTICLE 1. RECOGN1TiON 1.1 The Employer recognizes agency for all employees No. S9-PR-2347, as follows: the Union as the sole and exclusive collective bargaining who have been certified by the State of Minnesota, Case All employees in the classifications of: Heavy Equipment Operator Plastere�'s Tender School Grounds Crew Leader Scfiool Labor Crew Leader School Service Worker Abolished titles formerly recognized as exclusively represented by the Union: � �Asphalt Raker 'Asphalt Shoveter 'Building Laborer 'Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader 'Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper *Tractor Operatorl Tractor Operator II 'Tree Trimmer I `Tree Trimmer II Tree Worker Truck Driver `Unskilled Laborer who work more than fourteen (14) hours per week and more than si�cty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive trom the classifications set forth in this Agreement shafl be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Labor Relations Act to accomplish said objective. 1.2 The Employer agrees not to enter into any contractua{ly binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreemeMS with any empfoyees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. � ARTICLE 2. MAINTENANCE OF STANDARDS 2.� 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 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. ARTICLE 3. UNION RIGHTS 3.� The Union may designate employees from within the bargaining unit to acf as Stewards and shall inform the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 18 (Grievance ProcedureJ. Thero shall be no more than one steward from each local involved in any one specific grievance. 32 There sha(f be no deduction of pay from stewards when directly invotved in meetings with management during working hours for grievance procedures. 3.3 Designated union representatives shall be permitted to visit employees on job sites and af department buildings during working time. ARTICLE 4. PAYROLL DEDUCTION 4.1 The Employer shati, upon request of any emptoyee in the unit, deduct such sum as the Union may specify for the purposes of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly un'rform and startdard amounts as is possible. The Employer shall remit monthly such deductions to the appropriate designated tJnion. 4.2 In accordance with Minnesota Statute § 179A.25, Subd. 3, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from all cert'rfied emptoyees who are not members oi the exclusive representative. !n no instance shal! the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relat+onship to negotiations and administration of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituied against the Employer, its oflicers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The Employer will indemrtify, defend, and hold the Union harmless againsi any claims made and against any suits instituted against the Union, fts officers or employees by reason of negligence on the part ot the Employer in making or forwarding deductions under this Article. � • � y9-a� .. _ � � �. .� ARTICLE 5. MANAGEMENT RIGHTS • 5.1 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 Employer retains the rights and authority, which the Employer has not officially abridged, delegated or modified by this Agreement. 5.2 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 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Employer and all employees. To this end, the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Reguiations. 6.2 To this end, the Employer shall from time to time issue rules or notices to his employees regarding on-the-job safety requirements. Any employee violating such rules or notices � shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation shall be provided without cost to the employee. At the Empfoyer's option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $60 annuaily toward the purchase or repair of one (1) pair of safety shoes purchased by an employee who is a member of this unit. The Employer shalf contribute to the cost of one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes during that year. This reimbursement shall be made only after investigation and approvai by the immediate supervisor of that employee. 7his contribution to be made by the Employer shall appfy only to those employees who are required to wear protective shoes or boots by the Employer. i ARTICLE 7. HOURS 7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- � minute lunch period. The normal work week sha(f be five (5} consecutive normal workdays in any seven (7j- day period. (For employees on a shift basis this shail be construed to mean an average of forty [40] hours a week.) 72 Except in cases of emergencies, the Empioyer shaft notify the affected Union of an intention to change a shift at least twenty-four (24) hours prior to the beginning of the new shift. 7.3 Employees shali report to work tocation as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. 7.4 CaII-In Pav. When an employee is called to work, he/she shalt receive two (2) hours of pay :rf not put to work. If he/she is calied to work and commences work, he/she shall be guaranteed four (4) straight-time hours of pay. 7.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done oNy by 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 shatl 6e determined solely by the Employer. The time-and-one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime • hours worked. 7.6 The work break shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's workstation. 7.6.1 An employee shall be allowed one fifteen (15) minute rest break during each four (4)-hour period worked during the employee's normai workday. Any employee required to remain at work following the completion of an eight (8)-hour workday shall be allowed a fifteen (15) minute break at approximately two (2) hours after the end of his/her normal workday, and after the completion of every four (4) hours of work thereafter. � � 4 g9-a� ��: �1 ARTICLE 8. SENIORITY • 8.1 Seniority, for the purpose of this Agreement, shall be defined as fiolfows: 8.1.1 DistricVCitv Senioritv. The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 8.12 Class Senioritv. The length of continuous regular and probationary service with the Employer from the daie an empfoyee was first certrfied and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 82 Seniority shall terminate when an employee retires, resigns or is discharged. 8.2.1 In the event the Employer determines that it is necessary to reduce the workforce, empfoyees 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 expire after two (2) years of layoff. 8.2.2 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, 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 wi{I 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. • 82.3 It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first he placed on a reinstatement register and shall have "Class Seniority' based on the date originally certified and appointed to said class. Empfoyees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in 82.2 above. 8.2.4 When the new title, School Service Worker is established, incumbents who become certified in the new title shall also retain the seniority acquired in the old title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 8.3 To the e#ent possible, vacation periods shall be assigned on the basis of °Class Seniority," within each cfass, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 8.4 Promotions shall be handled in accordance with current Civil Service Rules and practices. � ARTICLE 9. HOLIDAYS 9.1 Holidavs Recoqnized and Observed. The foliowing nine (9) days shall be designated as • holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day. Eligible employees shali receive pay for each of the holidays listed above, on which they perform no work. Whenever New Year's Day, Independence Day or Christmas Day shall fall on Saturday, the precedirtg Friday shall be observed as the holiday. Whenever any of these three holidays falls on Sunday, the following Monday shall be observed as the holiday. 92 Eliaibilitv Requirements. To be eligible for holiday pay, employees must have been compensated for all scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luther King Jr. Day falls on a day when school is in session, the employees 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. 9.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, empioyees may be scheduied or "cailed back" in accordance with Article 7.4 (Call-In Pay). i � � 9q - z� �. • � L` • ARTICLE 10. VACATIONS 10.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service First year through completion 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years through completion of 25 years After 25 years and thereafter 10.2 10.3 Annual Hours of Vacation Eamed Per Annual Hour on Hours Days pavroll Eamed Earned .0500 104 13 .0692 144 18 .0769 160 20 .1000 208 26 .1077 224 28 Calculations are based on a 2,080-hour work year and shall be rounded off to the nearest hour. Years of service will be defined to mean the number of years since the date of appointment. An employee may carry over one hundred si�cty (160) hours of vacation into the following "vacation year." For the purpose of this Article, the "vacation yea�' shall be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion. If an empioyee has an accumulation of sick leave credits in excess of 1,440 hours, the empfoyee may convert any part of such excess at the rate ot two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regu{arly-assigned workdays of vacation (�ot to exceed a total of forty (40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shall be no more than five (5) days in any one (1) year so that the mvcimum vacation time which may be taken in any one (1) year shall be forty (40) days including the regular vacation period, and time carried over. 7 ARTtCLE 11. SICK LEAVE 11.1 Sick leave shall accumulate at the rate of .Q576 of a working hour for each full hour on � the payroli, 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 (1/2) hour past hislher regular scheduled starting time, The granting of sick leave shall be subject to provision of verification when required by the supervisor. � 1.2 Specified Allowable Uses of Sick Leave t 12.1 Any employee wha has accumulated sick leave credits as provided above shalt 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 empioyee, death of the employee's mother, father, spouse, chiid, brother, sister, mother-in-law, father-in-iaw, 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, dentists, 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 (8) hours sick Ieave for any one instance, to a maximum of twenty-four (24} hours in any one catendar year. 112.2 An empioyee who works tweive (i2) consecutive months per year for an average of twenty (20) or more hours per week may use accumulated personal sick feave credits for absences required to care for the employee's ill child. Sick leave for sick childcare shall be granted on the same terms as the employee is able to use sick (eave for the empfoyee's own illness. This leave shail only be granted pursuant to Mi�nesota Statute § 181.9413 and shali � remain available so long as provided in statute. 11.2.3 One (1 } day of accumulated sick leave credit may be used by the empfoyee in the event of the death of the employee's grandparent or grandchild, aunt, uncle, sister-in-law, or brother-in-law. � 1.2.4 Soouse/Deoendent Parent Leave. Up to five (5) days of accumulafed sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical illness of his/her spouse or dependent parent. These days when used are deductible from sick leave. 11.2.5 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick (eave time for one (1} hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forry [40] hours in any year}. 112.6 Medical verification will be defined to mean, °A written note issued from a qualified treating medical provider during the period the employee was absent from work." The medical verification will be provided to the employer before he/she returns to work. 112.7 When the employer puts a person on the medical verification requirement; they will first meet with the emplayee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the letter removing the requirement. • q��. �, � ARTICLE 11. SICK LEAVE (continued) � 1.3 Absence While on Sick Leave With PaY 11.3.1 During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his/her regular employment with fndependent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. � � 11.4 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three (3) years. ARTICLE 12. PARENTAUMATERNITY LEAVE 12.1 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 12.2 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 fior 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. 12.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year tor school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 rules, so long as the statute so provides. ARTICLE 13. JURY DUTY 13.1 Any employee who is required during regular working hours to appear in court as a juror ot witness, except as a witness in his 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 Independent School District No. 625, Business Office. Any employee who is schedu{ed to work a shitt other than the �ormal daytime shift shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. ARTICLE 14. WAGES 14.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular, and probationary employees. 142 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary employees. 14.3. When an employee who is certified to more than one title in this unit is working in a higher paid title and is using sick leave, vacation time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by applying the holiday pay eligibility requirements, as specified in Article 9, Section 9.2. If those requirements are not met, the sick leave, vacation, or holiday pay shall be at the lower rate. ARTICLE 15. INSURANCE SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Empioyer shatl be solely coMrolled by ihe contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in the benefits which a specific provider implements. IRS rules and regulations shall govern the Employer provided health and welfare benefit program. 1.2 Eliaibilitv Waitina Period. Three (3) full months of continuous regularly appointed service in Independent School Disirici No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and I'rfe insurance provided herein. 1.3 Full-Time Status. For the purpose of this Article, full-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.4 Haff-Time Status. For the purpose of this ARic{e, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. An employee will be considered half time only if such employee is assigned to a position which is regularly assigned half-time hours. � 1.5 Emolover Contribution Amount--Full-Time Emplovees. Effective July 1, 1998, 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 $200 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $340 per month, whichever is less. 1.5.1 Effective January 1, 1999, for each eligible empfoyee covered by ihis Agreement who is employed full time and who seiects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $205 per month, whichever is less. For each eligible fuil-time employee who selects family coverage, the Empioyer wili contribute the cost of such famity coverage or $375 per month, whichever is less. 1.52 Effective January 1, 2000, 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 $215 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer wili contribute the cost of such family coverage or $400 per month, whichever is less. � Til 4 q- Z �. �� ARTiCLE 15. INSURANCE, Section 1. (continued) • 1.6 Emolover Contribution Amount--Half-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or tor each half-time emptoyee who seleets family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. 1.7 Regular employees actively enrotted in the medical and/or Iife insurance plans who routinely become laid off during the winter months shall receive up to four (4) months of District contrihution towards the medical and /or life insurance premiums during the lay- off period. 1.8 Any employee having ten (10) or more years of service with the Employer who becomes iIl or injured so as to be unable to continue working and has exhausted all his/her sick leave and vacation shall be eligible for Employer-paid health and welfare benefits for a maximum of three (3) years. 1.9 Life Insurance. For each eligible employee, the Employer agrees to contribute to the cost of $25,000 life insurance coverage. The total premium contribution by the Employer for alI life insurance coverage shall not exceed $6.32 per month. This amount shall drop to $5,000 of coverage in the event of early retirement until the eligible retiree reaches age 65; then all Employer coverage shall terminate. 1.10 Flexible S�endino Account. It is the intent of the Employer to maintain 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 heaith insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 15 shall be paid to the Employer's geoup health and welfare plan. 1.12 Any cost of any premium tor any Employer-oftered employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shall be paid by the employee through payrofl deduction. Employees on winter tayoff who are receiving District contributions described in 1.7 above shall pay any excess premium costs directly to the designated third party administrator for the District. Failure to make such timeiy payments will result in loss of coverage retroactive to the last date of premium paid by the employee. Reinstatement of coverage will not be permitted during the period of layoff. • �1 ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit Eligibility For Employees Who Retire Before Age 65 1.1 Empioyees hired into District service before January 1, 1996, must have completed the following service eligibility requirements with Independent School District No. 625 prior to retirement in order to be eligibie for any paymeM of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other pubfic employee retiree program at the time of re6rement and have severed the employment relationship with Independent School District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or, C. The combination of their age and their years of service must equai eighry-five (85) or more, or, D. Must have completed at least thirty (30) years of service, or; E. Must have completed at least twenty (20) consecutive years of service within (ndependent School District No. 625 immediately preceding retirement. u Years of regular service with the City of Saint Paul will continue to be counted � toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 12 Employees hired into Disfict service after January 7, 1996, must have completed tweniy (20) years of service with Independent School District No. 625. Time with the City of Saint Paul wilt not be counted towarcl this twenty (20)-year requirement. 1.3 EliqibiliN Requirements For All fietirees A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolted in the Independent Schoo! Distr'�ct No. 625 heaRh insurance program, or in any other Employer-paid health insurance program. B. Additional dependents beyortd those designated to the District at the time of retirement may not be added at District expense after retirement. C. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � 12 �9 �� ARTICLE 15. INSURANCE, Section 2. (continued) � Subd. 2. Emplover Contribution Levels For Emolovees Retirinq Before Aae 65 2.1 Health Insurance Emolover Contribution The District will for the period of this Agreement provide employees who meet the eligibility requirements for health insurance in 1.1 or 1.2 above, Wno retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shali constitute the limit on future contri6utions. Any employee who is receiving family coverage premium contribution at date of retirement may not Iater claim an increase in the amount of the Emp4oyer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life !nsurance Emplover Contribution The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. Subd. 3 Benefit Eliaibilitv For Emplovees After Aqe 65 � 3.1 Emolovees hired into the District before Januarv 1. �996, who retired before age 65 and are receiving benefits per Subd. 2 a6ove are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 ot this Article. 3.2 Emolovees hired into the District before Januarv 1. 1996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1 above or the following eligibility requirements to receive District contributions toward post-age-65 health insurance premiums: A. Employees hired before May 1, 1992, must have compieted at least ten (10) years of continuous emptoyment with 4he District. For such employees or early retirees who have not compteted 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. B. Employees hired on or after May 1, 1992 and prior to January 1, 1996, must have completed twenty (20) years of continuous employment with the District. 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 ot early retirees, upon their reaching age 65. Years of certified civil service time with the City of Saint Paul earned prior to May 1, 1996, wiff continue to be counted toward meeting the DistricYs service req�irement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, � 1996, will be considered a break in District employmeni. 13 ARTIC�E 15. INSURANCE, Section 2. (continued) 3.3 Emplovees hired on or after JanuaN 1, 1996, shaf( not have or acquire in any way any eligibility for Empioyer-paid heatth insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shall be eligible for oniy eariy retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd, 5. Subd. 4 . EmploYer Contribution Levels For Retirees After Aae 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this ARicle are efigibie for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Twe Medicare Eligible Non-Medicare Eligible Sinqle $300 per month $400 per month Familv $400 per month $500 per month At no Nme shall any payment in any amount be made directly to the retiree. Any premium cost in excess of tfie maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. Subd, 5. Emplovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in Independent Schooi District No. 625, are eligible to participate in an employer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more will be eligible for up to one half (50 percent) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3j full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul wili not be counted toward this three (3)- year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum aliowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the District's specified procedures. � � \ J 14 9q a� u ARTICLE 16. SEVERA�SCE PAY 16.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year o[ the retirement. 162 To be eligible for the severance pay program, the employee must meet the foilowing requirements: 162.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under 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. 16.2.2 The employee must be voluntarily separated from School District empioyment 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. 16.2.3 The employee must file a waiver of re-employmen9 with the Director of Iiuman Resources, which will clearly indicate that by requesting severance pay, the empfoyee waives all cfaims to reinstatement or re-empfoyment {of any type) with ihe City of Saint Paul or with Independent School District No. 625. � i 16.3 If an employee requests severance pay and if the emptoyee meets the eligibility requirements set forth above, he or she will be gra�ted severance pay in an amount equal to $65 pay for each day of accrued unused sick leave. 16.4 The maximum amount of money that any employee may obtain through this severance pay program is $15,000. 16.5 For the purpose of this severance pay program, a death of an employee shali 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 empioyee's estate or spouse. 16.6 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. 15 ARTICLE 17. DiSCtPLINE PROCEDURES 17.1 The Employer will discipline employees for just cause only. Discipline will be in the form of; � a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 172 17.3 Suspensions, reductions, and discharges wiit be in written form. A notice in writing of suspensions, reduciions, and discharges sha!! be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 17.4 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor wili make a recommendation Yo his/her supervisor regarding proposed discipline. That supervisor shall then provide written notice of the charges to the employee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have urtion represenYation present and be provided the opportunity to speak on his/her 6ehalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. 17.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 18, or under Civil Service grievance procedures, but not both. Oral reprimands shal! not be grievable. 17.6. Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half (1/2) hour before the beginning of such workday. 17.7 Failure to make such not'rfication may be grounds for discipiine. � • 16 99-��f ARTICLE 18. GRIEVAIJCE PROCEDURE • 18.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the hargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 18.2 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(s) to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 18.3 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an affeged violation of the 4erms and conditions of this Agreement. 18.4 Grievances shall be resolved in conformance with the following procedure: Step 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 ten (10) calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shaif be considered waived. Steo 2. Within ten (10) 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 4his mee4ing, the grievance remains unresolved, the Employer shafl reply in wsiting to the Union within five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shall be considered waived. • 17 ARTICLE 18. Step 3. GRIEVANCE PROCEDURE (continued} Within ten (10) calendar days fo(lowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or designated representative and aftempt to resolve the grievance. Within ten (10) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming 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 ten (10) calendar days following receipt of the Employer's answer shali be considered waived. Steo 4. If the grievance remains unresoived, the Union may within ten (10) 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 ten {10) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panei. 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. 18.5 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shatl consider and decide onty 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 applications of laws, rules or regulations having the iorce artd effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days foilowing 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 ot this AgreemenT and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, ihe Union, and the employees. 18.6 The fees and expenses for the arbitrator's services and proceedings shall be bome 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. 18.7 The time limits in each step of this procedure may be extended by mutuai agreement of the Employer and the Union. 18.8 It is understood by the Union and the Employer that if an issue is determined by this grievance prncedure, it shall not again be submitted for arbitration under other procedures. If an issue is determined by the provisions of other procedures, it shall not again be submitted for arbitration under this grievance procedure. • � L_J iE] %9-a � ART{CLE �9. LEGALSERVICES • 19.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless, and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. 19.2 Notwithstanding 19.1, the Employer shall not be responsible for paying any Iegal service fee or for providing any legal service arising from any legal action where the employee is the plaintiff. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Unions and the Employers 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 21. SAVINGS CLAUSE 21.1 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 Agreemeni shall be held 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 shali continue in full force and effect. ARTICLE 22. JURISDICTION 22.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 22.2 In the event of a dispute concerning the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 22.3 22.4 Any employee refusing to perform work assigned by the Empioyer shall be subject to disciplinary action as provided in Article 17 (Disciplinary Procedures). There shall be no work stoppage, slow down or any disruption of work resufting from a work assignment. 22.5 The subcontracting of work done by the emp{oyees covered by this Agreement shal! in all • cases be made only to Employers who qualify in accordance with St. Paul Administrative Code Section 82.07, Minimum Wages on Public Contracts. 19 ARTICLE 23. TERMS OF AGREEMENT 23.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the righi and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and urtderstandings reached by the parties aRer the exercise of this right are fuliy and compietely set forth in this Agreemeni. Any and ali prior agreements, resolutions, practices, poticy or rules or regulations regarding the terms and conditiorts ot empioyment to the extent they are inconsistent with this Agreement are hereby superseded. !n those areas where Civii Service Rales are not incortsistent wifh 2his Agreement, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided, this Agreement shall be effective as of the date ft is executed by ihe parties and shall continue in ful! torce and eftect ihrough June 30, 2000, and thereafter until mod'rfied or amended by mutual agreement of the parties. ERher party desiring to amend or modify this Agreemenf shall notify ihe other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 23.3 This constitutes a tentative agreement between the parties which will be recommended by the 8oard of Education negotiator but is subject to ihe approva! ot the 8oard of Education of Independent School District No. 625 and is also subject to rat'rfication by the Unions. • W ITNESSES: INDEPENDENT SCHOOL DISTAICT NO. 625 TRl-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DR�VERS LOCAL NO 120 LABORERS LOCAL NO. 132 � /0 e?�i'-9�r Date Business Mana er, Local No. 132 ro�ao/9 8 Daie 20 � G�. egotiations/L or Relations Assistant Manager Y /� v�z�.c�ao Business Representative, Locai No. 49 9� -a� • � � APPENDIX A HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: School Grounds Crew Leader School Labor Crew Leader School Service Worker Plasterers Tender Heavy Equipment Operator PREMIUM PAY PROVISIONS Effective 7-4-98 $18.71 $'18.71 $17.15 $19.62 $19.62 Effective July 1, '1998, the following premium pay provisions shall apply: Effective 7-1-99 $19.18 $19.1 S $17.58 $20.11 $20.11 Premium Pav A. Premium pay of twenty-five cents (25¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem 4rucks. 5. �peration of a power tamper. 6. Work on the asphalt crew (except Asphalt Raker). Premium Pav B. Premium pay of fifty cents (50¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished ciass title, 'Asphalt Raker. 3. Performing the duties of a Plasterer Helper or of a Tender for a Bricklayer, Blocklayer or Plasterer. ♦ � • 4. Holding a license to apply or use regulated pesticides and chemical treatments and assigned to pertorm work involving the application of such regulated substances (the term "regulated" as used here, reEers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. Alf standard safety {aws shall be complied with. " This title abolished except as to present incumbents. 21 APPENDIX B TEMPORARY EMPLOYEE RATES 7. The hourly rates for temporary employees working in the classes Iisted below are as shown: Schoo( Service Woricer Masonry Tender Effective 5/9/1998 $17.99 $17.99 Effective 5/1/1999 x . Effective 5/1 /2000 . . For temporary employees working in the titles listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfare Pension Vacation (Ta�cable Contribution) Training Effective 5/9/1998 $2.66 $2.30 $9.36 $ .17 Effective 5/1 /1999 x . . . Effective 5/1/2000 r . . . 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective Effective 5/9/1998 5/1 /� 999 5/1 /2000 Heavy Equipment Operator $20.95 $21.90 $22.75 For temporary employees working in the tkle listed in (2.) above the following fringe benefit contributions shall be made to ihe Funds designated by IUOE, Loca149: Health and Weltare Pension Apprentice Training Effective Effective Effective 5/9/1998 5/1/1999 5/1/2000 $3.t5 $3.15 $3.20 $3.60 $3.70 $3.80 $ .15 $ .15 $ .15 u � �� ' The Employer agrees to contribute up to an additional $1.05 per hour worked towards the Minnesota Laborers' Fringe Benefit Fund and hourly wages in Appendix 61 on May 1, 1999, and an addifionai $1.05 per hour worked on May 1, 2000. • 22 � 9-a� APPENDIX B (continued) • 3. Regular emptoyees who are laid off and then called back to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to eam and accrue Employer benefits for such hours worked. 4. For temporary employees working in titles listed in this Appendix B whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currently .0518). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B increased or decreased, the Employer may adjust the appficable hourly pay rates and contribution amounts accordingly. 6. Laborers employed by ihe Employer on a temporary basis will be paid on the rates indicated . in (Appendix 61 above). � 23 B Breaks .................................. C Call-In Pay ............................ D Discipline Procedures........... F Fair Share Fee ...................... Flexible Spending Account... G Grievance Procedure............ H Hol idays ................................ Ho u rs .................................... Insu rance .............................. J JuryDuty ............................., L Life Insurance ...................... INDEX ............4 ............4 ..........16 ............2 ..........11 ..........'17 ............6 ............ 4 ..........10 .............9 ...........11 O Overtime......................................................4 P Parentai/Maternity Leave .............................9 Retirement Benefits ...................................12 S Safety ........................................................... 3 Safety Shoes ...............................................3 Seniority .......................................................5 Severance ..................................................15 Sick Leave ...................................................8 Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation............8 Spouse/Dependent Parent Leave ...............8 Strikes........................................................19 U UnionDues ..................................................2 V Vacation .......................................................7 W Wages..............................................9, 21, 22 Wo rkday .......................................................4 • � � 24 Council File # � �. y ORIGINAL RESOLUTION �% � CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 35072 Committee Date /61 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1998 through June 30, 2000 Employment Agreement between the Independent School District No. 625, Saint Paul Pubiic Schools, and The Tri-Council, Local No. 49, Loca1 No. 120, and Local No.132, 4 Exclusive Representative for Drivers, Crrounds and Labor Employees, and Heavy Equipment Operators. Requested by Departrnent of: Office of Labor Relarions Adopted by Council: Date °� � Adoption Certified by Council Secretary By: �� -v-�+ Approved by Mayor: Date �Z zl�i ( By: ��/�� C� � '�1.i By: � Form Appro ed by rney B � `� 1'I.�aikf • �� : . : � . � . �. . �:.�, � �`1� � � . aq��4 DEPARTMENT/OFFICE/COUNCIL: DATE WTfIATED Gg�EN SHEET No.: 350�2 � ' LABOR RELATTONS 12/28/98 'C.t� CONTACT PERSON & PHONE: p �'i7A�DA'�'� u��TTAUUATE IiJLIE KRAUS 266-6513 p�IGN 1 DEPARTMENI DII2 � a crrv couxcn. pUMBEIt 2CITYATTORNEY� CITYCLERK MUSf BE ON COUNCII. AGENDA BY (DAT� F�R BUDGEf DIIL FIN. ffi MGT. SERVICE DIlt ROUTING 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCA770NS FOR SIGNATURE) ACTION REQUESfED: This resolution approves the attached 3uly 1,1998 through June 30, 2000 Empioyment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Local No. 49, Local No. 120, and Local No. 132, Exciusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. RECO[.Rv1E13DAT10NS: Apprrne (A) m Reject (R) PERSONAL SERYIC£ CONTILACTS MUST ANSWER 77IE FOLLOW A'G QUESTIONS: _PLANMNG COM&IISSION _CIVIL SERVICE COMMISSION I. Has this persodfirm ever worked under a contract for this departrnent? CIB COMIvIIT1'EE Yes No STAFF 2. Has this penon/fum ever been a city emp�oyee? DISIRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTI VE? 3. Does this persoNfinn possess a skill not notmally possessed by any current ciry employee? Yes No E:plai¢ atl yes answers o¢ seQarate s6eet sud attach to greeo sheet INITIATING PROBLEM, ISSUE, OPPORT[1N1TY (W6o, What, W6en, W6ere, Why): ADVAN7'AGESIFAPPROVED: , G�vb�� "� This Agreement pertains to Board of Education employees only. �E� � � €��J DISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: TO'CAL AMOUNT OF TRANSACI'ION: COST/REVENUE BiIDGETED: FUNDING SOURCE: ACi'IVITY NUMBER: �nivc�nLUVFOxMnrioN: �rLnm� RECEIVE� DEC 3 0 1998 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATtON SAINT PAUL PUBLIC SCHOOLS DATE: October 20, 1998 99-a4 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools, and Tri-Council Local No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000. 2. Contract changes are as follows: • Waqes: Effective July 4, 1998, the salary schedule rates will be increased an average of 2.5 percent, and Grounds Crew Leader and Labor Crew Leader pay rates will be increased by an additional 25 cents per hour. Effective Jufy 3, 1999, the salary schedule rates will be increased an average of 2.5 percent. • Premium Pav: The premium pay schedule was simplified to provide only two basic rates for premium work. Insurance: The insurance premium contributions by the District will increase from $200 for single coverage and $340 for family coverage as follows: Sinple Familv Effective January 1, 1999 $205 $375 Effective January 1, 2000 $215 $400 Effective January �, 1999, full-time employees who are married to another District employee and who are covered under their spouse's health plan may waive the single or family contribution to health insurance and receive up to $150 per month toward their spouse's family premium. • Retiree Health Insurance: Language revised, removing options that created a tax liability for employees. • Holidavs: The Thanksgiving. � The eligibility la aligning the le: processing time. Columbus Day holiday is deleted and replaced with the Day After eterans Day and two 1loating holidays are converted to vacation days. iguage is revised. These changes streamline the leave system by ve system with the organizational calendar and reducing payroll- • Severance Pav: Employees who retire and meet eligibility requirements wifl receive $65 per eight hours of unused, accumulated sick leave up to a mvcimum of $15,000. This replaces all previous severance pay plans. Sick Leave: Employees may use up to five sick days to care for and attend to the serious or critical illness of his/her spouse or dependent parent. Sick leave accumulation exceeding 1,440 hours may be converted to vacation on a 2-to-1 basis, to a maximum of 40 hours per year. q9 -�y Approval of Employmeni Agreement for Tri Council October 20, 1988 3. The District has 20 regular FTE's in this bargaining unit. Page 2 4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim Executive Director, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Tri-Council Local No. 49, Local No. 120, and Local No. 132, is the exclusive representative; duration of said Agreement is for the period of July 1, 1998 through June 30, 2000. �a-a�{ ^ - , � �� _ � � 1998 - 2000 COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 1998 through June 30, 2000 � Saint Paul Public Schools L/ F E L O N G L E A R N/ N G « � � � � Saint Paul Public Schools L/ F E L O N G L f R R N/ N G SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Mary Thomton Phillips - Chair Greg Filice - Vice Chair Gilbert de la O- Clerk Neal Thao - Treasurer Administration William A. Larson Maureen A. Flanagan Luz Maria Serrano Lois M. Rockney Cy R. Yusten Tom Conlon - Director 8ecky Montgomery - Director AI Oertwig - Director - Interim Superintendent of Schools - Executive Assistant Superintendent of Schools - Interim Assistant Superintendent Accountability, Technology and Support Services - Interim Assistant Superintendent Fiscal Affairs and Operations - Assistant Superi�tendent Teaching and Leaming , � � � ��-a� g ,=�; �� G • • TABLE OF CONTENTS ARTICLE TITLE Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Artic{e Article Article Article Article Principles............................................................ 1. Recognition ............................................................ 2. Maintenance of Standards ..................................... 3. Union Rights .......................................................... 4. Payroll Deduction ................................................... 5. Management Rights .............................................. 6. Safety ..................................................................... 7. Hours ..................................................................... S. Seniority ................................................................, 9. Holidays ................................................................. 10. Vacations .............................................................. 11. Sick Leave ............................................................ 12. ParentailMatern'rty Leave ...................................... 13. Jury Duty ............................................................... 14. Wages ................................................................... 15. I ns u rance .............................................................. 16. Severance Pay ..................................................... 17. Discipline Procedures ........................................... 18. Grievance Procedure ............................................ 19. Legal Services ...................................................... 20. Strikes, Lockouts, Work Interterence ................... 21. Savings Clause ..................................................... 22. Jurisdiction ............................................................ 23. Terms of Agreement ............................................. AppendixA ........................................................... Appendix ........................................................... In dex ..................................................................... � PAGE ................°-°.....-°-°....... iv ........................................ � ........................................ 2 ........................................ 2 ......................................... 2 ......................................... 3 ......................................... 3 ........................................... 4 .............................. 5 ............................. 6 ...................................... 7 ...................................... 8 ............................................ 9 ............................................ 9 ..........................................10 ..........................................15 ..........................................16 ..........................................17 ........................... . ..............19 ..........................................19 ..........................................19 ..........................................19 .......................................... 20 - -.... - .........................21 ............................................. 22 ............................................. 24 PRINCIPLES This Agreement is entered into to facilitate the adjustment of grievances and disputes between � the Employer and employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the Emptoyer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relafionships beiween their respective representatives at all levels. The officials of the Empioyer and the Union realize that this goal depends primarily on cooperative attitudes between peopte in their respective organizations and at atl levels of responsidility, and that proper attitudes must be based on full understanding of and regard for the respeetive rights and responsibilities of both the Employer and the employees. There shall be no discrimination against any employee by reason of race, color, creed, sex or Union membership. The Employer and the Union affirm their joint opposition to any discriminatory practices in connection viith employment, promotion or training, remembering that the public interest remains in full utilization of employees' skili and ability without regard to consideration of race, color, creed, national origin, age or sex. � r1 �J iv q9-a� • ARTICLE 1. RECOGN1TiON 1.1 The Employer recognizes agency for all employees No. S9-PR-2347, as follows: the Union as the sole and exclusive collective bargaining who have been certified by the State of Minnesota, Case All employees in the classifications of: Heavy Equipment Operator Plastere�'s Tender School Grounds Crew Leader Scfiool Labor Crew Leader School Service Worker Abolished titles formerly recognized as exclusively represented by the Union: � �Asphalt Raker 'Asphalt Shoveter 'Building Laborer 'Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader 'Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper *Tractor Operatorl Tractor Operator II 'Tree Trimmer I `Tree Trimmer II Tree Worker Truck Driver `Unskilled Laborer who work more than fourteen (14) hours per week and more than si�cty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive trom the classifications set forth in this Agreement shafl be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Labor Relations Act to accomplish said objective. 1.2 The Employer agrees not to enter into any contractua{ly binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreemeMS with any empfoyees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. � ARTICLE 2. MAINTENANCE OF STANDARDS 2.� 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 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. ARTICLE 3. UNION RIGHTS 3.� The Union may designate employees from within the bargaining unit to acf as Stewards and shall inform the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 18 (Grievance ProcedureJ. Thero shall be no more than one steward from each local involved in any one specific grievance. 32 There sha(f be no deduction of pay from stewards when directly invotved in meetings with management during working hours for grievance procedures. 3.3 Designated union representatives shall be permitted to visit employees on job sites and af department buildings during working time. ARTICLE 4. PAYROLL DEDUCTION 4.1 The Employer shati, upon request of any emptoyee in the unit, deduct such sum as the Union may specify for the purposes of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly un'rform and startdard amounts as is possible. The Employer shall remit monthly such deductions to the appropriate designated tJnion. 4.2 In accordance with Minnesota Statute § 179A.25, Subd. 3, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from all cert'rfied emptoyees who are not members oi the exclusive representative. !n no instance shal! the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relat+onship to negotiations and administration of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituied against the Employer, its oflicers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The Employer will indemrtify, defend, and hold the Union harmless againsi any claims made and against any suits instituted against the Union, fts officers or employees by reason of negligence on the part ot the Employer in making or forwarding deductions under this Article. � • � y9-a� .. _ � � �. .� ARTICLE 5. MANAGEMENT RIGHTS • 5.1 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 Employer retains the rights and authority, which the Employer has not officially abridged, delegated or modified by this Agreement. 5.2 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 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Employer and all employees. To this end, the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Reguiations. 6.2 To this end, the Employer shall from time to time issue rules or notices to his employees regarding on-the-job safety requirements. Any employee violating such rules or notices � shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation shall be provided without cost to the employee. At the Empfoyer's option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $60 annuaily toward the purchase or repair of one (1) pair of safety shoes purchased by an employee who is a member of this unit. The Employer shalf contribute to the cost of one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes during that year. This reimbursement shall be made only after investigation and approvai by the immediate supervisor of that employee. 7his contribution to be made by the Employer shall appfy only to those employees who are required to wear protective shoes or boots by the Employer. i ARTICLE 7. HOURS 7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- � minute lunch period. The normal work week sha(f be five (5} consecutive normal workdays in any seven (7j- day period. (For employees on a shift basis this shail be construed to mean an average of forty [40] hours a week.) 72 Except in cases of emergencies, the Empioyer shaft notify the affected Union of an intention to change a shift at least twenty-four (24) hours prior to the beginning of the new shift. 7.3 Employees shali report to work tocation as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. 7.4 CaII-In Pav. When an employee is called to work, he/she shalt receive two (2) hours of pay :rf not put to work. If he/she is calied to work and commences work, he/she shall be guaranteed four (4) straight-time hours of pay. 7.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done oNy by 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 shatl 6e determined solely by the Employer. The time-and-one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime • hours worked. 7.6 The work break shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's workstation. 7.6.1 An employee shall be allowed one fifteen (15) minute rest break during each four (4)-hour period worked during the employee's normai workday. Any employee required to remain at work following the completion of an eight (8)-hour workday shall be allowed a fifteen (15) minute break at approximately two (2) hours after the end of his/her normal workday, and after the completion of every four (4) hours of work thereafter. � � 4 g9-a� ��: �1 ARTICLE 8. SENIORITY • 8.1 Seniority, for the purpose of this Agreement, shall be defined as fiolfows: 8.1.1 DistricVCitv Senioritv. The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 8.12 Class Senioritv. The length of continuous regular and probationary service with the Employer from the daie an empfoyee was first certrfied and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 82 Seniority shall terminate when an employee retires, resigns or is discharged. 8.2.1 In the event the Employer determines that it is necessary to reduce the workforce, empfoyees 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 expire after two (2) years of layoff. 8.2.2 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, 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 wi{I 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. • 82.3 It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first he placed on a reinstatement register and shall have "Class Seniority' based on the date originally certified and appointed to said class. Empfoyees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in 82.2 above. 8.2.4 When the new title, School Service Worker is established, incumbents who become certified in the new title shall also retain the seniority acquired in the old title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 8.3 To the e#ent possible, vacation periods shall be assigned on the basis of °Class Seniority," within each cfass, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 8.4 Promotions shall be handled in accordance with current Civil Service Rules and practices. � ARTICLE 9. HOLIDAYS 9.1 Holidavs Recoqnized and Observed. The foliowing nine (9) days shall be designated as • holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day. Eligible employees shali receive pay for each of the holidays listed above, on which they perform no work. Whenever New Year's Day, Independence Day or Christmas Day shall fall on Saturday, the precedirtg Friday shall be observed as the holiday. Whenever any of these three holidays falls on Sunday, the following Monday shall be observed as the holiday. 92 Eliaibilitv Requirements. To be eligible for holiday pay, employees must have been compensated for all scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luther King Jr. Day falls on a day when school is in session, the employees 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. 9.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, empioyees may be scheduied or "cailed back" in accordance with Article 7.4 (Call-In Pay). i � � 9q - z� �. • � L` • ARTICLE 10. VACATIONS 10.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service First year through completion 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years through completion of 25 years After 25 years and thereafter 10.2 10.3 Annual Hours of Vacation Eamed Per Annual Hour on Hours Days pavroll Eamed Earned .0500 104 13 .0692 144 18 .0769 160 20 .1000 208 26 .1077 224 28 Calculations are based on a 2,080-hour work year and shall be rounded off to the nearest hour. Years of service will be defined to mean the number of years since the date of appointment. An employee may carry over one hundred si�cty (160) hours of vacation into the following "vacation year." For the purpose of this Article, the "vacation yea�' shall be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion. If an empioyee has an accumulation of sick leave credits in excess of 1,440 hours, the empfoyee may convert any part of such excess at the rate ot two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regu{arly-assigned workdays of vacation (�ot to exceed a total of forty (40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shall be no more than five (5) days in any one (1) year so that the mvcimum vacation time which may be taken in any one (1) year shall be forty (40) days including the regular vacation period, and time carried over. 7 ARTtCLE 11. SICK LEAVE 11.1 Sick leave shall accumulate at the rate of .Q576 of a working hour for each full hour on � the payroli, 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 (1/2) hour past hislher regular scheduled starting time, The granting of sick leave shall be subject to provision of verification when required by the supervisor. � 1.2 Specified Allowable Uses of Sick Leave t 12.1 Any employee wha has accumulated sick leave credits as provided above shalt 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 empioyee, death of the employee's mother, father, spouse, chiid, brother, sister, mother-in-law, father-in-iaw, 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, dentists, 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 (8) hours sick Ieave for any one instance, to a maximum of twenty-four (24} hours in any one catendar year. 112.2 An empioyee who works tweive (i2) consecutive months per year for an average of twenty (20) or more hours per week may use accumulated personal sick feave credits for absences required to care for the employee's ill child. Sick leave for sick childcare shall be granted on the same terms as the employee is able to use sick (eave for the empfoyee's own illness. This leave shail only be granted pursuant to Mi�nesota Statute § 181.9413 and shali � remain available so long as provided in statute. 11.2.3 One (1 } day of accumulated sick leave credit may be used by the empfoyee in the event of the death of the employee's grandparent or grandchild, aunt, uncle, sister-in-law, or brother-in-law. � 1.2.4 Soouse/Deoendent Parent Leave. Up to five (5) days of accumulafed sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical illness of his/her spouse or dependent parent. These days when used are deductible from sick leave. 11.2.5 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick (eave time for one (1} hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forry [40] hours in any year}. 112.6 Medical verification will be defined to mean, °A written note issued from a qualified treating medical provider during the period the employee was absent from work." The medical verification will be provided to the employer before he/she returns to work. 112.7 When the employer puts a person on the medical verification requirement; they will first meet with the emplayee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the letter removing the requirement. • q��. �, � ARTICLE 11. SICK LEAVE (continued) � 1.3 Absence While on Sick Leave With PaY 11.3.1 During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his/her regular employment with fndependent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. � � 11.4 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three (3) years. ARTICLE 12. PARENTAUMATERNITY LEAVE 12.1 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 12.2 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 fior 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. 12.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year tor school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 rules, so long as the statute so provides. ARTICLE 13. JURY DUTY 13.1 Any employee who is required during regular working hours to appear in court as a juror ot witness, except as a witness in his 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 Independent School District No. 625, Business Office. Any employee who is schedu{ed to work a shitt other than the �ormal daytime shift shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. ARTICLE 14. WAGES 14.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular, and probationary employees. 142 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary employees. 14.3. When an employee who is certified to more than one title in this unit is working in a higher paid title and is using sick leave, vacation time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by applying the holiday pay eligibility requirements, as specified in Article 9, Section 9.2. If those requirements are not met, the sick leave, vacation, or holiday pay shall be at the lower rate. ARTICLE 15. INSURANCE SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Empioyer shatl be solely coMrolled by ihe contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in the benefits which a specific provider implements. IRS rules and regulations shall govern the Employer provided health and welfare benefit program. 1.2 Eliaibilitv Waitina Period. Three (3) full months of continuous regularly appointed service in Independent School Disirici No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and I'rfe insurance provided herein. 1.3 Full-Time Status. For the purpose of this Article, full-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.4 Haff-Time Status. For the purpose of this ARic{e, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. An employee will be considered half time only if such employee is assigned to a position which is regularly assigned half-time hours. � 1.5 Emolover Contribution Amount--Full-Time Emplovees. Effective July 1, 1998, 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 $200 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $340 per month, whichever is less. 1.5.1 Effective January 1, 1999, for each eligible empfoyee covered by ihis Agreement who is employed full time and who seiects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $205 per month, whichever is less. For each eligible fuil-time employee who selects family coverage, the Empioyer wili contribute the cost of such famity coverage or $375 per month, whichever is less. 1.52 Effective January 1, 2000, 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 $215 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer wili contribute the cost of such family coverage or $400 per month, whichever is less. � Til 4 q- Z �. �� ARTiCLE 15. INSURANCE, Section 1. (continued) • 1.6 Emolover Contribution Amount--Half-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or tor each half-time emptoyee who seleets family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. 1.7 Regular employees actively enrotted in the medical and/or Iife insurance plans who routinely become laid off during the winter months shall receive up to four (4) months of District contrihution towards the medical and /or life insurance premiums during the lay- off period. 1.8 Any employee having ten (10) or more years of service with the Employer who becomes iIl or injured so as to be unable to continue working and has exhausted all his/her sick leave and vacation shall be eligible for Employer-paid health and welfare benefits for a maximum of three (3) years. 1.9 Life Insurance. For each eligible employee, the Employer agrees to contribute to the cost of $25,000 life insurance coverage. The total premium contribution by the Employer for alI life insurance coverage shall not exceed $6.32 per month. This amount shall drop to $5,000 of coverage in the event of early retirement until the eligible retiree reaches age 65; then all Employer coverage shall terminate. 1.10 Flexible S�endino Account. It is the intent of the Employer to maintain 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 heaith insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 15 shall be paid to the Employer's geoup health and welfare plan. 1.12 Any cost of any premium tor any Employer-oftered employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shall be paid by the employee through payrofl deduction. Employees on winter tayoff who are receiving District contributions described in 1.7 above shall pay any excess premium costs directly to the designated third party administrator for the District. Failure to make such timeiy payments will result in loss of coverage retroactive to the last date of premium paid by the employee. Reinstatement of coverage will not be permitted during the period of layoff. • �1 ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit Eligibility For Employees Who Retire Before Age 65 1.1 Empioyees hired into District service before January 1, 1996, must have completed the following service eligibility requirements with Independent School District No. 625 prior to retirement in order to be eligibie for any paymeM of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other pubfic employee retiree program at the time of re6rement and have severed the employment relationship with Independent School District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or, C. The combination of their age and their years of service must equai eighry-five (85) or more, or, D. Must have completed at least thirty (30) years of service, or; E. Must have completed at least twenty (20) consecutive years of service within (ndependent School District No. 625 immediately preceding retirement. u Years of regular service with the City of Saint Paul will continue to be counted � toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 12 Employees hired into Disfict service after January 7, 1996, must have completed tweniy (20) years of service with Independent School District No. 625. Time with the City of Saint Paul wilt not be counted towarcl this twenty (20)-year requirement. 1.3 EliqibiliN Requirements For All fietirees A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolted in the Independent Schoo! Distr'�ct No. 625 heaRh insurance program, or in any other Employer-paid health insurance program. B. Additional dependents beyortd those designated to the District at the time of retirement may not be added at District expense after retirement. C. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � 12 �9 �� ARTICLE 15. INSURANCE, Section 2. (continued) � Subd. 2. Emplover Contribution Levels For Emolovees Retirinq Before Aae 65 2.1 Health Insurance Emolover Contribution The District will for the period of this Agreement provide employees who meet the eligibility requirements for health insurance in 1.1 or 1.2 above, Wno retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shali constitute the limit on future contri6utions. Any employee who is receiving family coverage premium contribution at date of retirement may not Iater claim an increase in the amount of the Emp4oyer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life !nsurance Emplover Contribution The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. Subd. 3 Benefit Eliaibilitv For Emplovees After Aqe 65 � 3.1 Emolovees hired into the District before Januarv 1. �996, who retired before age 65 and are receiving benefits per Subd. 2 a6ove are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 ot this Article. 3.2 Emolovees hired into the District before Januarv 1. 1996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1 above or the following eligibility requirements to receive District contributions toward post-age-65 health insurance premiums: A. Employees hired before May 1, 1992, must have compieted at least ten (10) years of continuous emptoyment with 4he District. For such employees or early retirees who have not compteted 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. B. Employees hired on or after May 1, 1992 and prior to January 1, 1996, must have completed twenty (20) years of continuous employment with the District. 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 ot early retirees, upon their reaching age 65. Years of certified civil service time with the City of Saint Paul earned prior to May 1, 1996, wiff continue to be counted toward meeting the DistricYs service req�irement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, � 1996, will be considered a break in District employmeni. 13 ARTIC�E 15. INSURANCE, Section 2. (continued) 3.3 Emplovees hired on or after JanuaN 1, 1996, shaf( not have or acquire in any way any eligibility for Empioyer-paid heatth insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shall be eligible for oniy eariy retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd, 5. Subd. 4 . EmploYer Contribution Levels For Retirees After Aae 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this ARicle are efigibie for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Twe Medicare Eligible Non-Medicare Eligible Sinqle $300 per month $400 per month Familv $400 per month $500 per month At no Nme shall any payment in any amount be made directly to the retiree. Any premium cost in excess of tfie maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. Subd, 5. Emplovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in Independent Schooi District No. 625, are eligible to participate in an employer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more will be eligible for up to one half (50 percent) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3j full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul wili not be counted toward this three (3)- year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum aliowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the District's specified procedures. � � \ J 14 9q a� u ARTICLE 16. SEVERA�SCE PAY 16.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year o[ the retirement. 162 To be eligible for the severance pay program, the employee must meet the foilowing requirements: 162.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under 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. 16.2.2 The employee must be voluntarily separated from School District empioyment 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. 16.2.3 The employee must file a waiver of re-employmen9 with the Director of Iiuman Resources, which will clearly indicate that by requesting severance pay, the empfoyee waives all cfaims to reinstatement or re-empfoyment {of any type) with ihe City of Saint Paul or with Independent School District No. 625. � i 16.3 If an employee requests severance pay and if the emptoyee meets the eligibility requirements set forth above, he or she will be gra�ted severance pay in an amount equal to $65 pay for each day of accrued unused sick leave. 16.4 The maximum amount of money that any employee may obtain through this severance pay program is $15,000. 16.5 For the purpose of this severance pay program, a death of an employee shali 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 empioyee's estate or spouse. 16.6 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. 15 ARTICLE 17. DiSCtPLINE PROCEDURES 17.1 The Employer will discipline employees for just cause only. Discipline will be in the form of; � a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 172 17.3 Suspensions, reductions, and discharges wiit be in written form. A notice in writing of suspensions, reduciions, and discharges sha!! be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 17.4 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor wili make a recommendation Yo his/her supervisor regarding proposed discipline. That supervisor shall then provide written notice of the charges to the employee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have urtion represenYation present and be provided the opportunity to speak on his/her 6ehalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. 17.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 18, or under Civil Service grievance procedures, but not both. Oral reprimands shal! not be grievable. 17.6. Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half (1/2) hour before the beginning of such workday. 17.7 Failure to make such not'rfication may be grounds for discipiine. � • 16 99-��f ARTICLE 18. GRIEVAIJCE PROCEDURE • 18.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the hargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 18.2 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(s) to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 18.3 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an affeged violation of the 4erms and conditions of this Agreement. 18.4 Grievances shall be resolved in conformance with the following procedure: Step 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 ten (10) calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shaif be considered waived. Steo 2. Within ten (10) 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 4his mee4ing, the grievance remains unresolved, the Employer shafl reply in wsiting to the Union within five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shall be considered waived. • 17 ARTICLE 18. Step 3. GRIEVANCE PROCEDURE (continued} Within ten (10) calendar days fo(lowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or designated representative and aftempt to resolve the grievance. Within ten (10) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming 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 ten (10) calendar days following receipt of the Employer's answer shali be considered waived. Steo 4. If the grievance remains unresoived, the Union may within ten (10) 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 ten {10) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panei. 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. 18.5 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shatl consider and decide onty 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 applications of laws, rules or regulations having the iorce artd effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days foilowing 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 ot this AgreemenT and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, ihe Union, and the employees. 18.6 The fees and expenses for the arbitrator's services and proceedings shall be bome 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. 18.7 The time limits in each step of this procedure may be extended by mutuai agreement of the Employer and the Union. 18.8 It is understood by the Union and the Employer that if an issue is determined by this grievance prncedure, it shall not again be submitted for arbitration under other procedures. If an issue is determined by the provisions of other procedures, it shall not again be submitted for arbitration under this grievance procedure. • � L_J iE] %9-a � ART{CLE �9. LEGALSERVICES • 19.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless, and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. 19.2 Notwithstanding 19.1, the Employer shall not be responsible for paying any Iegal service fee or for providing any legal service arising from any legal action where the employee is the plaintiff. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Unions and the Employers 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 21. SAVINGS CLAUSE 21.1 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 Agreemeni shall be held 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 shali continue in full force and effect. ARTICLE 22. JURISDICTION 22.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 22.2 In the event of a dispute concerning the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 22.3 22.4 Any employee refusing to perform work assigned by the Empioyer shall be subject to disciplinary action as provided in Article 17 (Disciplinary Procedures). There shall be no work stoppage, slow down or any disruption of work resufting from a work assignment. 22.5 The subcontracting of work done by the emp{oyees covered by this Agreement shal! in all • cases be made only to Employers who qualify in accordance with St. Paul Administrative Code Section 82.07, Minimum Wages on Public Contracts. 19 ARTICLE 23. TERMS OF AGREEMENT 23.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the righi and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and urtderstandings reached by the parties aRer the exercise of this right are fuliy and compietely set forth in this Agreemeni. Any and ali prior agreements, resolutions, practices, poticy or rules or regulations regarding the terms and conditiorts ot empioyment to the extent they are inconsistent with this Agreement are hereby superseded. !n those areas where Civii Service Rales are not incortsistent wifh 2his Agreement, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided, this Agreement shall be effective as of the date ft is executed by ihe parties and shall continue in ful! torce and eftect ihrough June 30, 2000, and thereafter until mod'rfied or amended by mutual agreement of the parties. ERher party desiring to amend or modify this Agreemenf shall notify ihe other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 23.3 This constitutes a tentative agreement between the parties which will be recommended by the 8oard of Education negotiator but is subject to ihe approva! ot the 8oard of Education of Independent School District No. 625 and is also subject to rat'rfication by the Unions. • W ITNESSES: INDEPENDENT SCHOOL DISTAICT NO. 625 TRl-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DR�VERS LOCAL NO 120 LABORERS LOCAL NO. 132 � /0 e?�i'-9�r Date Business Mana er, Local No. 132 ro�ao/9 8 Daie 20 � G�. egotiations/L or Relations Assistant Manager Y /� v�z�.c�ao Business Representative, Locai No. 49 9� -a� • � � APPENDIX A HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: School Grounds Crew Leader School Labor Crew Leader School Service Worker Plasterers Tender Heavy Equipment Operator PREMIUM PAY PROVISIONS Effective 7-4-98 $18.71 $'18.71 $17.15 $19.62 $19.62 Effective July 1, '1998, the following premium pay provisions shall apply: Effective 7-1-99 $19.18 $19.1 S $17.58 $20.11 $20.11 Premium Pav A. Premium pay of twenty-five cents (25¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem 4rucks. 5. �peration of a power tamper. 6. Work on the asphalt crew (except Asphalt Raker). Premium Pav B. Premium pay of fifty cents (50¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished ciass title, 'Asphalt Raker. 3. Performing the duties of a Plasterer Helper or of a Tender for a Bricklayer, Blocklayer or Plasterer. ♦ � • 4. Holding a license to apply or use regulated pesticides and chemical treatments and assigned to pertorm work involving the application of such regulated substances (the term "regulated" as used here, reEers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. Alf standard safety {aws shall be complied with. " This title abolished except as to present incumbents. 21 APPENDIX B TEMPORARY EMPLOYEE RATES 7. The hourly rates for temporary employees working in the classes Iisted below are as shown: Schoo( Service Woricer Masonry Tender Effective 5/9/1998 $17.99 $17.99 Effective 5/1/1999 x . Effective 5/1 /2000 . . For temporary employees working in the titles listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfare Pension Vacation (Ta�cable Contribution) Training Effective 5/9/1998 $2.66 $2.30 $9.36 $ .17 Effective 5/1 /1999 x . . . Effective 5/1/2000 r . . . 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective Effective 5/9/1998 5/1 /� 999 5/1 /2000 Heavy Equipment Operator $20.95 $21.90 $22.75 For temporary employees working in the tkle listed in (2.) above the following fringe benefit contributions shall be made to ihe Funds designated by IUOE, Loca149: Health and Weltare Pension Apprentice Training Effective Effective Effective 5/9/1998 5/1/1999 5/1/2000 $3.t5 $3.15 $3.20 $3.60 $3.70 $3.80 $ .15 $ .15 $ .15 u � �� ' The Employer agrees to contribute up to an additional $1.05 per hour worked towards the Minnesota Laborers' Fringe Benefit Fund and hourly wages in Appendix 61 on May 1, 1999, and an addifionai $1.05 per hour worked on May 1, 2000. • 22 � 9-a� APPENDIX B (continued) • 3. Regular emptoyees who are laid off and then called back to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to eam and accrue Employer benefits for such hours worked. 4. For temporary employees working in titles listed in this Appendix B whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currently .0518). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B increased or decreased, the Employer may adjust the appficable hourly pay rates and contribution amounts accordingly. 6. Laborers employed by ihe Employer on a temporary basis will be paid on the rates indicated . in (Appendix 61 above). � 23 B Breaks .................................. C Call-In Pay ............................ D Discipline Procedures........... F Fair Share Fee ...................... Flexible Spending Account... G Grievance Procedure............ H Hol idays ................................ Ho u rs .................................... Insu rance .............................. J JuryDuty ............................., L Life Insurance ...................... INDEX ............4 ............4 ..........16 ............2 ..........11 ..........'17 ............6 ............ 4 ..........10 .............9 ...........11 O Overtime......................................................4 P Parentai/Maternity Leave .............................9 Retirement Benefits ...................................12 S Safety ........................................................... 3 Safety Shoes ...............................................3 Seniority .......................................................5 Severance ..................................................15 Sick Leave ...................................................8 Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation............8 Spouse/Dependent Parent Leave ...............8 Strikes........................................................19 U UnionDues ..................................................2 V Vacation .......................................................7 W Wages..............................................9, 21, 22 Wo rkday .......................................................4 • � � 24 Council File # � �. y ORIGINAL RESOLUTION �% � CITY OF SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 35072 Committee Date /61 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1998 through June 30, 2000 Employment Agreement between the Independent School District No. 625, Saint Paul Pubiic Schools, and The Tri-Council, Local No. 49, Loca1 No. 120, and Local No.132, 4 Exclusive Representative for Drivers, Crrounds and Labor Employees, and Heavy Equipment Operators. Requested by Departrnent of: Office of Labor Relarions Adopted by Council: Date °� � Adoption Certified by Council Secretary By: �� -v-�+ Approved by Mayor: Date �Z zl�i ( By: ��/�� C� � '�1.i By: � Form Appro ed by rney B � `� 1'I.�aikf • �� : . : � . � . �. . �:.�, � �`1� � � . aq��4 DEPARTMENT/OFFICE/COUNCIL: DATE WTfIATED Gg�EN SHEET No.: 350�2 � ' LABOR RELATTONS 12/28/98 'C.t� CONTACT PERSON & PHONE: p �'i7A�DA'�'� u��TTAUUATE IiJLIE KRAUS 266-6513 p�IGN 1 DEPARTMENI DII2 � a crrv couxcn. pUMBEIt 2CITYATTORNEY� CITYCLERK MUSf BE ON COUNCII. AGENDA BY (DAT� F�R BUDGEf DIIL FIN. ffi MGT. SERVICE DIlt ROUTING 3 MAYOR (OR ASST.)� ORDER TOTAL # OF SIGNANRE PAGES 1 (CLIP ALL LOCA770NS FOR SIGNATURE) ACTION REQUESfED: This resolution approves the attached 3uly 1,1998 through June 30, 2000 Empioyment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Local No. 49, Local No. 120, and Local No. 132, Exciusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. RECO[.Rv1E13DAT10NS: Apprrne (A) m Reject (R) PERSONAL SERYIC£ CONTILACTS MUST ANSWER 77IE FOLLOW A'G QUESTIONS: _PLANMNG COM&IISSION _CIVIL SERVICE COMMISSION I. Has this persodfirm ever worked under a contract for this departrnent? CIB COMIvIIT1'EE Yes No STAFF 2. Has this penon/fum ever been a city emp�oyee? DISIRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTI VE? 3. Does this persoNfinn possess a skill not notmally possessed by any current ciry employee? Yes No E:plai¢ atl yes answers o¢ seQarate s6eet sud attach to greeo sheet INITIATING PROBLEM, ISSUE, OPPORT[1N1TY (W6o, What, W6en, W6ere, Why): ADVAN7'AGESIFAPPROVED: , G�vb�� "� This Agreement pertains to Board of Education employees only. �E� � � €��J DISADVANTAGES IF APPROVED: DISADVANTAGES IF NOT APPROVED: TO'CAL AMOUNT OF TRANSACI'ION: COST/REVENUE BiIDGETED: FUNDING SOURCE: ACi'IVITY NUMBER: �nivc�nLUVFOxMnrioN: �rLnm� RECEIVE� DEC 3 0 1998 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATtON SAINT PAUL PUBLIC SCHOOLS DATE: October 20, 1998 99-a4 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools, and Tri-Council Local No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000. 2. Contract changes are as follows: • Waqes: Effective July 4, 1998, the salary schedule rates will be increased an average of 2.5 percent, and Grounds Crew Leader and Labor Crew Leader pay rates will be increased by an additional 25 cents per hour. Effective Jufy 3, 1999, the salary schedule rates will be increased an average of 2.5 percent. • Premium Pav: The premium pay schedule was simplified to provide only two basic rates for premium work. Insurance: The insurance premium contributions by the District will increase from $200 for single coverage and $340 for family coverage as follows: Sinple Familv Effective January 1, 1999 $205 $375 Effective January 1, 2000 $215 $400 Effective January �, 1999, full-time employees who are married to another District employee and who are covered under their spouse's health plan may waive the single or family contribution to health insurance and receive up to $150 per month toward their spouse's family premium. • Retiree Health Insurance: Language revised, removing options that created a tax liability for employees. • Holidavs: The Thanksgiving. � The eligibility la aligning the le: processing time. Columbus Day holiday is deleted and replaced with the Day After eterans Day and two 1loating holidays are converted to vacation days. iguage is revised. These changes streamline the leave system by ve system with the organizational calendar and reducing payroll- • Severance Pav: Employees who retire and meet eligibility requirements wifl receive $65 per eight hours of unused, accumulated sick leave up to a mvcimum of $15,000. This replaces all previous severance pay plans. Sick Leave: Employees may use up to five sick days to care for and attend to the serious or critical illness of his/her spouse or dependent parent. Sick leave accumulation exceeding 1,440 hours may be converted to vacation on a 2-to-1 basis, to a maximum of 40 hours per year. q9 -�y Approval of Employmeni Agreement for Tri Council October 20, 1988 3. The District has 20 regular FTE's in this bargaining unit. Page 2 4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim Executive Director, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Tri-Council Local No. 49, Local No. 120, and Local No. 132, is the exclusive representative; duration of said Agreement is for the period of July 1, 1998 through June 30, 2000. �a-a�{ ^ - , � �� _ � � 1998 - 2000 COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 1998 through June 30, 2000 � Saint Paul Public Schools L/ F E L O N G L E A R N/ N G « � � � � Saint Paul Public Schools L/ F E L O N G L f R R N/ N G SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Mary Thomton Phillips - Chair Greg Filice - Vice Chair Gilbert de la O- Clerk Neal Thao - Treasurer Administration William A. Larson Maureen A. Flanagan Luz Maria Serrano Lois M. Rockney Cy R. Yusten Tom Conlon - Director 8ecky Montgomery - Director AI Oertwig - Director - Interim Superintendent of Schools - Executive Assistant Superintendent of Schools - Interim Assistant Superintendent Accountability, Technology and Support Services - Interim Assistant Superintendent Fiscal Affairs and Operations - Assistant Superi�tendent Teaching and Leaming , � � � ��-a� g ,=�; �� G • • TABLE OF CONTENTS ARTICLE TITLE Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Artic{e Article Article Article Article Principles............................................................ 1. Recognition ............................................................ 2. Maintenance of Standards ..................................... 3. Union Rights .......................................................... 4. Payroll Deduction ................................................... 5. Management Rights .............................................. 6. Safety ..................................................................... 7. Hours ..................................................................... S. Seniority ................................................................, 9. Holidays ................................................................. 10. Vacations .............................................................. 11. Sick Leave ............................................................ 12. ParentailMatern'rty Leave ...................................... 13. Jury Duty ............................................................... 14. Wages ................................................................... 15. I ns u rance .............................................................. 16. Severance Pay ..................................................... 17. Discipline Procedures ........................................... 18. Grievance Procedure ............................................ 19. Legal Services ...................................................... 20. Strikes, Lockouts, Work Interterence ................... 21. Savings Clause ..................................................... 22. Jurisdiction ............................................................ 23. Terms of Agreement ............................................. AppendixA ........................................................... Appendix ........................................................... In dex ..................................................................... � PAGE ................°-°.....-°-°....... iv ........................................ � ........................................ 2 ........................................ 2 ......................................... 2 ......................................... 3 ......................................... 3 ........................................... 4 .............................. 5 ............................. 6 ...................................... 7 ...................................... 8 ............................................ 9 ............................................ 9 ..........................................10 ..........................................15 ..........................................16 ..........................................17 ........................... . ..............19 ..........................................19 ..........................................19 ..........................................19 .......................................... 20 - -.... - .........................21 ............................................. 22 ............................................. 24 PRINCIPLES This Agreement is entered into to facilitate the adjustment of grievances and disputes between � the Employer and employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the Emptoyer and the Union. The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relafionships beiween their respective representatives at all levels. The officials of the Empioyer and the Union realize that this goal depends primarily on cooperative attitudes between peopte in their respective organizations and at atl levels of responsidility, and that proper attitudes must be based on full understanding of and regard for the respeetive rights and responsibilities of both the Employer and the employees. There shall be no discrimination against any employee by reason of race, color, creed, sex or Union membership. The Employer and the Union affirm their joint opposition to any discriminatory practices in connection viith employment, promotion or training, remembering that the public interest remains in full utilization of employees' skili and ability without regard to consideration of race, color, creed, national origin, age or sex. � r1 �J iv q9-a� • ARTICLE 1. RECOGN1TiON 1.1 The Employer recognizes agency for all employees No. S9-PR-2347, as follows: the Union as the sole and exclusive collective bargaining who have been certified by the State of Minnesota, Case All employees in the classifications of: Heavy Equipment Operator Plastere�'s Tender School Grounds Crew Leader Scfiool Labor Crew Leader School Service Worker Abolished titles formerly recognized as exclusively represented by the Union: � �Asphalt Raker 'Asphalt Shoveter 'Building Laborer 'Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader 'Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper *Tractor Operatorl Tractor Operator II 'Tree Trimmer I `Tree Trimmer II Tree Worker Truck Driver `Unskilled Laborer who work more than fourteen (14) hours per week and more than si�cty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exclusively represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive trom the classifications set forth in this Agreement shafl be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Labor Relations Act to accomplish said objective. 1.2 The Employer agrees not to enter into any contractua{ly binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreemeMS with any empfoyees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. � ARTICLE 2. MAINTENANCE OF STANDARDS 2.� 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 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. ARTICLE 3. UNION RIGHTS 3.� The Union may designate employees from within the bargaining unit to acf as Stewards and shall inform the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 18 (Grievance ProcedureJ. Thero shall be no more than one steward from each local involved in any one specific grievance. 32 There sha(f be no deduction of pay from stewards when directly invotved in meetings with management during working hours for grievance procedures. 3.3 Designated union representatives shall be permitted to visit employees on job sites and af department buildings during working time. ARTICLE 4. PAYROLL DEDUCTION 4.1 The Employer shati, upon request of any emptoyee in the unit, deduct such sum as the Union may specify for the purposes of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly un'rform and startdard amounts as is possible. The Employer shall remit monthly such deductions to the appropriate designated tJnion. 4.2 In accordance with Minnesota Statute § 179A.25, Subd. 3, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from all cert'rfied emptoyees who are not members oi the exclusive representative. !n no instance shal! the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relat+onship to negotiations and administration of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituied against the Employer, its oflicers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The Employer will indemrtify, defend, and hold the Union harmless againsi any claims made and against any suits instituted against the Union, fts officers or employees by reason of negligence on the part ot the Employer in making or forwarding deductions under this Article. � • � y9-a� .. _ � � �. .� ARTICLE 5. MANAGEMENT RIGHTS • 5.1 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 Employer retains the rights and authority, which the Employer has not officially abridged, delegated or modified by this Agreement. 5.2 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 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Employer and all employees. To this end, the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Reguiations. 6.2 To this end, the Employer shall from time to time issue rules or notices to his employees regarding on-the-job safety requirements. Any employee violating such rules or notices � shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation shall be provided without cost to the employee. At the Empfoyer's option, the employees may be required to sign for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $60 annuaily toward the purchase or repair of one (1) pair of safety shoes purchased by an employee who is a member of this unit. The Employer shalf contribute to the cost of one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes during that year. This reimbursement shall be made only after investigation and approvai by the immediate supervisor of that employee. 7his contribution to be made by the Employer shall appfy only to those employees who are required to wear protective shoes or boots by the Employer. i ARTICLE 7. HOURS 7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- � minute lunch period. The normal work week sha(f be five (5} consecutive normal workdays in any seven (7j- day period. (For employees on a shift basis this shail be construed to mean an average of forty [40] hours a week.) 72 Except in cases of emergencies, the Empioyer shaft notify the affected Union of an intention to change a shift at least twenty-four (24) hours prior to the beginning of the new shift. 7.3 Employees shali report to work tocation as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. 7.4 CaII-In Pav. When an employee is called to work, he/she shalt receive two (2) hours of pay :rf not put to work. If he/she is calied to work and commences work, he/she shall be guaranteed four (4) straight-time hours of pay. 7.5 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done oNy by 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 shatl 6e determined solely by the Employer. The time-and-one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime • hours worked. 7.6 The work break shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's workstation. 7.6.1 An employee shall be allowed one fifteen (15) minute rest break during each four (4)-hour period worked during the employee's normai workday. Any employee required to remain at work following the completion of an eight (8)-hour workday shall be allowed a fifteen (15) minute break at approximately two (2) hours after the end of his/her normal workday, and after the completion of every four (4) hours of work thereafter. � � 4 g9-a� ��: �1 ARTICLE 8. SENIORITY • 8.1 Seniority, for the purpose of this Agreement, shall be defined as fiolfows: 8.1.1 DistricVCitv Senioritv. The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 8.12 Class Senioritv. The length of continuous regular and probationary service with the Employer from the daie an empfoyee was first certrfied and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 82 Seniority shall terminate when an employee retires, resigns or is discharged. 8.2.1 In the event the Employer determines that it is necessary to reduce the workforce, empfoyees 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 expire after two (2) years of layoff. 8.2.2 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, 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 wi{I 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. • 82.3 It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first he placed on a reinstatement register and shall have "Class Seniority' based on the date originally certified and appointed to said class. Empfoyees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in 82.2 above. 8.2.4 When the new title, School Service Worker is established, incumbents who become certified in the new title shall also retain the seniority acquired in the old title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 8.3 To the e#ent possible, vacation periods shall be assigned on the basis of °Class Seniority," within each cfass, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 8.4 Promotions shall be handled in accordance with current Civil Service Rules and practices. � ARTICLE 9. HOLIDAYS 9.1 Holidavs Recoqnized and Observed. The foliowing nine (9) days shall be designated as • holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day. Eligible employees shali receive pay for each of the holidays listed above, on which they perform no work. Whenever New Year's Day, Independence Day or Christmas Day shall fall on Saturday, the precedirtg Friday shall be observed as the holiday. Whenever any of these three holidays falls on Sunday, the following Monday shall be observed as the holiday. 92 Eliaibilitv Requirements. To be eligible for holiday pay, employees must have been compensated for all scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luther King Jr. Day falls on a day when school is in session, the employees 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. 9.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, empioyees may be scheduied or "cailed back" in accordance with Article 7.4 (Call-In Pay). i � � 9q - z� �. • � L` • ARTICLE 10. VACATIONS 10.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service First year through completion 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years through completion of 25 years After 25 years and thereafter 10.2 10.3 Annual Hours of Vacation Eamed Per Annual Hour on Hours Days pavroll Eamed Earned .0500 104 13 .0692 144 18 .0769 160 20 .1000 208 26 .1077 224 28 Calculations are based on a 2,080-hour work year and shall be rounded off to the nearest hour. Years of service will be defined to mean the number of years since the date of appointment. An employee may carry over one hundred si�cty (160) hours of vacation into the following "vacation year." For the purpose of this Article, the "vacation yea�' shall be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion. If an empioyee has an accumulation of sick leave credits in excess of 1,440 hours, the empfoyee may convert any part of such excess at the rate ot two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regu{arly-assigned workdays of vacation (�ot to exceed a total of forty (40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shall be no more than five (5) days in any one (1) year so that the mvcimum vacation time which may be taken in any one (1) year shall be forty (40) days including the regular vacation period, and time carried over. 7 ARTtCLE 11. SICK LEAVE 11.1 Sick leave shall accumulate at the rate of .Q576 of a working hour for each full hour on � the payroli, 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 (1/2) hour past hislher regular scheduled starting time, The granting of sick leave shall be subject to provision of verification when required by the supervisor. � 1.2 Specified Allowable Uses of Sick Leave t 12.1 Any employee wha has accumulated sick leave credits as provided above shalt 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 empioyee, death of the employee's mother, father, spouse, chiid, brother, sister, mother-in-law, father-in-iaw, 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, dentists, 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 (8) hours sick Ieave for any one instance, to a maximum of twenty-four (24} hours in any one catendar year. 112.2 An empioyee who works tweive (i2) consecutive months per year for an average of twenty (20) or more hours per week may use accumulated personal sick feave credits for absences required to care for the employee's ill child. Sick leave for sick childcare shall be granted on the same terms as the employee is able to use sick (eave for the empfoyee's own illness. This leave shail only be granted pursuant to Mi�nesota Statute § 181.9413 and shali � remain available so long as provided in statute. 11.2.3 One (1 } day of accumulated sick leave credit may be used by the empfoyee in the event of the death of the employee's grandparent or grandchild, aunt, uncle, sister-in-law, or brother-in-law. � 1.2.4 Soouse/Deoendent Parent Leave. Up to five (5) days of accumulafed sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical illness of his/her spouse or dependent parent. These days when used are deductible from sick leave. 11.2.5 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick (eave time for one (1} hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forry [40] hours in any year}. 112.6 Medical verification will be defined to mean, °A written note issued from a qualified treating medical provider during the period the employee was absent from work." The medical verification will be provided to the employer before he/she returns to work. 112.7 When the employer puts a person on the medical verification requirement; they will first meet with the emplayee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the letter removing the requirement. • q��. �, � ARTICLE 11. SICK LEAVE (continued) � 1.3 Absence While on Sick Leave With PaY 11.3.1 During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his/her regular employment with fndependent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. � � 11.4 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three (3) years. ARTICLE 12. PARENTAUMATERNITY LEAVE 12.1 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 12.2 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 fior 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. 12.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year tor school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 rules, so long as the statute so provides. ARTICLE 13. JURY DUTY 13.1 Any employee who is required during regular working hours to appear in court as a juror ot witness, except as a witness in his 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 Independent School District No. 625, Business Office. Any employee who is schedu{ed to work a shitt other than the �ormal daytime shift shall be rescheduled to work the normal daytime shift during such time as helshe is required to appear in court as a juror or witness. ARTICLE 14. WAGES 14.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular, and probationary employees. 142 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary employees. 14.3. When an employee who is certified to more than one title in this unit is working in a higher paid title and is using sick leave, vacation time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by applying the holiday pay eligibility requirements, as specified in Article 9, Section 9.2. If those requirements are not met, the sick leave, vacation, or holiday pay shall be at the lower rate. ARTICLE 15. INSURANCE SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Empioyer shatl be solely coMrolled by ihe contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in the benefits which a specific provider implements. IRS rules and regulations shall govern the Employer provided health and welfare benefit program. 1.2 Eliaibilitv Waitina Period. Three (3) full months of continuous regularly appointed service in Independent School Disirici No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and I'rfe insurance provided herein. 1.3 Full-Time Status. For the purpose of this Article, full-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.4 Haff-Time Status. For the purpose of this ARic{e, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. An employee will be considered half time only if such employee is assigned to a position which is regularly assigned half-time hours. � 1.5 Emolover Contribution Amount--Full-Time Emplovees. Effective July 1, 1998, 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 $200 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $340 per month, whichever is less. 1.5.1 Effective January 1, 1999, for each eligible empfoyee covered by ihis Agreement who is employed full time and who seiects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $205 per month, whichever is less. For each eligible fuil-time employee who selects family coverage, the Empioyer wili contribute the cost of such famity coverage or $375 per month, whichever is less. 1.52 Effective January 1, 2000, 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 $215 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer wili contribute the cost of such family coverage or $400 per month, whichever is less. � Til 4 q- Z �. �� ARTiCLE 15. INSURANCE, Section 1. (continued) • 1.6 Emolover Contribution Amount--Half-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or tor each half-time emptoyee who seleets family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. 1.7 Regular employees actively enrotted in the medical and/or Iife insurance plans who routinely become laid off during the winter months shall receive up to four (4) months of District contrihution towards the medical and /or life insurance premiums during the lay- off period. 1.8 Any employee having ten (10) or more years of service with the Employer who becomes iIl or injured so as to be unable to continue working and has exhausted all his/her sick leave and vacation shall be eligible for Employer-paid health and welfare benefits for a maximum of three (3) years. 1.9 Life Insurance. For each eligible employee, the Employer agrees to contribute to the cost of $25,000 life insurance coverage. The total premium contribution by the Employer for alI life insurance coverage shall not exceed $6.32 per month. This amount shall drop to $5,000 of coverage in the event of early retirement until the eligible retiree reaches age 65; then all Employer coverage shall terminate. 1.10 Flexible S�endino Account. It is the intent of the Employer to maintain 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 heaith insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 15 shall be paid to the Employer's geoup health and welfare plan. 1.12 Any cost of any premium tor any Employer-oftered employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shall be paid by the employee through payrofl deduction. Employees on winter tayoff who are receiving District contributions described in 1.7 above shall pay any excess premium costs directly to the designated third party administrator for the District. Failure to make such timeiy payments will result in loss of coverage retroactive to the last date of premium paid by the employee. Reinstatement of coverage will not be permitted during the period of layoff. • �1 ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit Eligibility For Employees Who Retire Before Age 65 1.1 Empioyees hired into District service before January 1, 1996, must have completed the following service eligibility requirements with Independent School District No. 625 prior to retirement in order to be eligibie for any paymeM of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other pubfic employee retiree program at the time of re6rement and have severed the employment relationship with Independent School District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or, C. The combination of their age and their years of service must equai eighry-five (85) or more, or, D. Must have completed at least thirty (30) years of service, or; E. Must have completed at least twenty (20) consecutive years of service within (ndependent School District No. 625 immediately preceding retirement. u Years of regular service with the City of Saint Paul will continue to be counted � toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 12 Employees hired into Disfict service after January 7, 1996, must have completed tweniy (20) years of service with Independent School District No. 625. Time with the City of Saint Paul wilt not be counted towarcl this twenty (20)-year requirement. 1.3 EliqibiliN Requirements For All fietirees A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolted in the Independent Schoo! Distr'�ct No. 625 heaRh insurance program, or in any other Employer-paid health insurance program. B. Additional dependents beyortd those designated to the District at the time of retirement may not be added at District expense after retirement. C. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � 12 �9 �� ARTICLE 15. INSURANCE, Section 2. (continued) � Subd. 2. Emplover Contribution Levels For Emolovees Retirinq Before Aae 65 2.1 Health Insurance Emolover Contribution The District will for the period of this Agreement provide employees who meet the eligibility requirements for health insurance in 1.1 or 1.2 above, Wno retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shali constitute the limit on future contri6utions. Any employee who is receiving family coverage premium contribution at date of retirement may not Iater claim an increase in the amount of the Emp4oyer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life !nsurance Emplover Contribution The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. Subd. 3 Benefit Eliaibilitv For Emplovees After Aqe 65 � 3.1 Emolovees hired into the District before Januarv 1. �996, who retired before age 65 and are receiving benefits per Subd. 2 a6ove are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 ot this Article. 3.2 Emolovees hired into the District before Januarv 1. 1996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1 above or the following eligibility requirements to receive District contributions toward post-age-65 health insurance premiums: A. Employees hired before May 1, 1992, must have compieted at least ten (10) years of continuous emptoyment with 4he District. For such employees or early retirees who have not compteted 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. B. Employees hired on or after May 1, 1992 and prior to January 1, 1996, must have completed twenty (20) years of continuous employment with the District. 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 ot early retirees, upon their reaching age 65. Years of certified civil service time with the City of Saint Paul earned prior to May 1, 1996, wiff continue to be counted toward meeting the DistricYs service req�irement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, � 1996, will be considered a break in District employmeni. 13 ARTIC�E 15. INSURANCE, Section 2. (continued) 3.3 Emplovees hired on or after JanuaN 1, 1996, shaf( not have or acquire in any way any eligibility for Empioyer-paid heatth insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shall be eligible for oniy eariy retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd, 5. Subd. 4 . EmploYer Contribution Levels For Retirees After Aae 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this ARicle are efigibie for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Twe Medicare Eligible Non-Medicare Eligible Sinqle $300 per month $400 per month Familv $400 per month $500 per month At no Nme shall any payment in any amount be made directly to the retiree. Any premium cost in excess of tfie maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. Subd, 5. Emplovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in Independent Schooi District No. 625, are eligible to participate in an employer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more will be eligible for up to one half (50 percent) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3j full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul wili not be counted toward this three (3)- year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum aliowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the District's specified procedures. � � \ J 14 9q a� u ARTICLE 16. SEVERA�SCE PAY 16.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year o[ the retirement. 162 To be eligible for the severance pay program, the employee must meet the foilowing requirements: 162.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under 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. 16.2.2 The employee must be voluntarily separated from School District empioyment 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. 16.2.3 The employee must file a waiver of re-employmen9 with the Director of Iiuman Resources, which will clearly indicate that by requesting severance pay, the empfoyee waives all cfaims to reinstatement or re-empfoyment {of any type) with ihe City of Saint Paul or with Independent School District No. 625. � i 16.3 If an employee requests severance pay and if the emptoyee meets the eligibility requirements set forth above, he or she will be gra�ted severance pay in an amount equal to $65 pay for each day of accrued unused sick leave. 16.4 The maximum amount of money that any employee may obtain through this severance pay program is $15,000. 16.5 For the purpose of this severance pay program, a death of an employee shali 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 empioyee's estate or spouse. 16.6 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. 15 ARTICLE 17. DiSCtPLINE PROCEDURES 17.1 The Employer will discipline employees for just cause only. Discipline will be in the form of; � a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 172 17.3 Suspensions, reductions, and discharges wiit be in written form. A notice in writing of suspensions, reduciions, and discharges sha!! be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 17.4 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor wili make a recommendation Yo his/her supervisor regarding proposed discipline. That supervisor shall then provide written notice of the charges to the employee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have urtion represenYation present and be provided the opportunity to speak on his/her 6ehalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. 17.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 18, or under Civil Service grievance procedures, but not both. Oral reprimands shal! not be grievable. 17.6. Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half (1/2) hour before the beginning of such workday. 17.7 Failure to make such not'rfication may be grounds for discipiine. � • 16 99-��f ARTICLE 18. GRIEVAIJCE PROCEDURE • 18.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the hargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. 18.2 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(s) to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 18.3 The procedure established by this Articie shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an affeged violation of the 4erms and conditions of this Agreement. 18.4 Grievances shall be resolved in conformance with the following procedure: Step 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 ten (10) calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shaif be considered waived. Steo 2. Within ten (10) 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 4his mee4ing, the grievance remains unresolved, the Employer shafl reply in wsiting to the Union within five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shall be considered waived. • 17 ARTICLE 18. Step 3. GRIEVANCE PROCEDURE (continued} Within ten (10) calendar days fo(lowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or designated representative and aftempt to resolve the grievance. Within ten (10) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming 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 ten (10) calendar days following receipt of the Employer's answer shali be considered waived. Steo 4. If the grievance remains unresoived, the Union may within ten (10) 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 ten {10) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shail have the right to strike two (2) names from the panei. 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. 18.5 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shatl consider and decide onty 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 applications of laws, rules or regulations having the iorce artd effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days foilowing 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 ot this AgreemenT and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, ihe Union, and the employees. 18.6 The fees and expenses for the arbitrator's services and proceedings shall be bome 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. 18.7 The time limits in each step of this procedure may be extended by mutuai agreement of the Employer and the Union. 18.8 It is understood by the Union and the Employer that if an issue is determined by this grievance prncedure, it shall not again be submitted for arbitration under other procedures. If an issue is determined by the provisions of other procedures, it shall not again be submitted for arbitration under this grievance procedure. • � L_J iE] %9-a � ART{CLE �9. LEGALSERVICES • 19.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless, and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. 19.2 Notwithstanding 19.1, the Employer shall not be responsible for paying any Iegal service fee or for providing any legal service arising from any legal action where the employee is the plaintiff. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Unions and the Employers 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 21. SAVINGS CLAUSE 21.1 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 Agreemeni shall be held 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 shali continue in full force and effect. ARTICLE 22. JURISDICTION 22.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 22.2 In the event of a dispute concerning the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 22.3 22.4 Any employee refusing to perform work assigned by the Empioyer shall be subject to disciplinary action as provided in Article 17 (Disciplinary Procedures). There shall be no work stoppage, slow down or any disruption of work resufting from a work assignment. 22.5 The subcontracting of work done by the emp{oyees covered by this Agreement shal! in all • cases be made only to Employers who qualify in accordance with St. Paul Administrative Code Section 82.07, Minimum Wages on Public Contracts. 19 ARTICLE 23. TERMS OF AGREEMENT 23.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the righi and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and urtderstandings reached by the parties aRer the exercise of this right are fuliy and compietely set forth in this Agreemeni. Any and ali prior agreements, resolutions, practices, poticy or rules or regulations regarding the terms and conditiorts ot empioyment to the extent they are inconsistent with this Agreement are hereby superseded. !n those areas where Civii Service Rales are not incortsistent wifh 2his Agreement, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided, this Agreement shall be effective as of the date ft is executed by ihe parties and shall continue in ful! torce and eftect ihrough June 30, 2000, and thereafter until mod'rfied or amended by mutual agreement of the parties. ERher party desiring to amend or modify this Agreemenf shall notify ihe other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 23.3 This constitutes a tentative agreement between the parties which will be recommended by the 8oard of Education negotiator but is subject to ihe approva! ot the 8oard of Education of Independent School District No. 625 and is also subject to rat'rfication by the Unions. • W ITNESSES: INDEPENDENT SCHOOL DISTAICT NO. 625 TRl-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DR�VERS LOCAL NO 120 LABORERS LOCAL NO. 132 � /0 e?�i'-9�r Date Business Mana er, Local No. 132 ro�ao/9 8 Daie 20 � G�. egotiations/L or Relations Assistant Manager Y /� v�z�.c�ao Business Representative, Locai No. 49 9� -a� • � � APPENDIX A HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: School Grounds Crew Leader School Labor Crew Leader School Service Worker Plasterers Tender Heavy Equipment Operator PREMIUM PAY PROVISIONS Effective 7-4-98 $18.71 $'18.71 $17.15 $19.62 $19.62 Effective July 1, '1998, the following premium pay provisions shall apply: Effective 7-1-99 $19.18 $19.1 S $17.58 $20.11 $20.11 Premium Pav A. Premium pay of twenty-five cents (25¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem 4rucks. 5. �peration of a power tamper. 6. Work on the asphalt crew (except Asphalt Raker). Premium Pav B. Premium pay of fifty cents (50¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished ciass title, 'Asphalt Raker. 3. Performing the duties of a Plasterer Helper or of a Tender for a Bricklayer, Blocklayer or Plasterer. ♦ � • 4. Holding a license to apply or use regulated pesticides and chemical treatments and assigned to pertorm work involving the application of such regulated substances (the term "regulated" as used here, reEers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. Alf standard safety {aws shall be complied with. " This title abolished except as to present incumbents. 21 APPENDIX B TEMPORARY EMPLOYEE RATES 7. The hourly rates for temporary employees working in the classes Iisted below are as shown: Schoo( Service Woricer Masonry Tender Effective 5/9/1998 $17.99 $17.99 Effective 5/1/1999 x . Effective 5/1 /2000 . . For temporary employees working in the titles listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Health and Welfare Pension Vacation (Ta�cable Contribution) Training Effective 5/9/1998 $2.66 $2.30 $9.36 $ .17 Effective 5/1 /1999 x . . . Effective 5/1/2000 r . . . 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective Effective 5/9/1998 5/1 /� 999 5/1 /2000 Heavy Equipment Operator $20.95 $21.90 $22.75 For temporary employees working in the tkle listed in (2.) above the following fringe benefit contributions shall be made to ihe Funds designated by IUOE, Loca149: Health and Weltare Pension Apprentice Training Effective Effective Effective 5/9/1998 5/1/1999 5/1/2000 $3.t5 $3.15 $3.20 $3.60 $3.70 $3.80 $ .15 $ .15 $ .15 u � �� ' The Employer agrees to contribute up to an additional $1.05 per hour worked towards the Minnesota Laborers' Fringe Benefit Fund and hourly wages in Appendix 61 on May 1, 1999, and an addifionai $1.05 per hour worked on May 1, 2000. • 22 � 9-a� APPENDIX B (continued) • 3. Regular emptoyees who are laid off and then called back to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to eam and accrue Employer benefits for such hours worked. 4. For temporary employees working in titles listed in this Appendix B whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currently .0518). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B increased or decreased, the Employer may adjust the appficable hourly pay rates and contribution amounts accordingly. 6. Laborers employed by ihe Employer on a temporary basis will be paid on the rates indicated . in (Appendix 61 above). � 23 B Breaks .................................. C Call-In Pay ............................ D Discipline Procedures........... F Fair Share Fee ...................... Flexible Spending Account... G Grievance Procedure............ H Hol idays ................................ Ho u rs .................................... Insu rance .............................. J JuryDuty ............................., L Life Insurance ...................... INDEX ............4 ............4 ..........16 ............2 ..........11 ..........'17 ............6 ............ 4 ..........10 .............9 ...........11 O Overtime......................................................4 P Parentai/Maternity Leave .............................9 Retirement Benefits ...................................12 S Safety ........................................................... 3 Safety Shoes ...............................................3 Seniority .......................................................5 Severance ..................................................15 Sick Leave ...................................................8 Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation............8 Spouse/Dependent Parent Leave ...............8 Strikes........................................................19 U UnionDues ..................................................2 V Vacation .......................................................7 W Wages..............................................9, 21, 22 Wo rkday .......................................................4 • � � 24