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99-26Council File # q9 — e1(. O f` � G� N A� RESOLUTION SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 62414 Committee Date �a RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 0 January 1, 1998 through December 31, 1999 Employment Agreement between the Independent School District No. 625, Saint Paui Public Schools, and Manual and Maintenance Supervisors' Association, Representing Manua1 and Maintenance Supervisors. Requested by Department of: Office of Labor Relations By: `� � . � Approved by Mayor: Date J�l � 3 ( r t a�( By: <'�:3%vc�cf�l� � �_�� - —v � By: �-"-- � � Form App ed by City Attorney By: ��r4C3�• � ��a4 .... ,.. . , . , . �./� ��_I�. � � , Adopted by Council: Date '� Adoption Certified by Council Sec etary DEPARTMENT/OFFICEJCOUNCIL: DATE INITIATED �'!'� / �� - a ` LABOR RELATIONS 12/28/98 GREEN SHEET No.: 62414 '`'t'1 � � CONTACf PERSON & PHONE: q nv�7iaLnnx'E m�i�niNwTe JLTLIE KRAUS 266-6513 p�IGN 1 DEPARI'MENf DIR �� 4 CITY COUNCIL NUMBER 2 CITY ATIORNEY � CITY CLERK Mi7S1' BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEI' DIIi. £IN. & MGT. SERV[CE DIIL ROiR'1NG 3 MAYOR (OR ASST.) � ORDER TOTAL # OF SIGNATURE PAGES I (CLIP ALL �CA770NS FOR SIGNATORE) acnox�QUESrEn: This resolution approves the attached January 1, 1998 through December 31, 1999 Employment Agreement between Independent School District No. 625, Saint Paul Public Schools, and Manual and Maintenance Supervisors' Associarion, Representing Manual and Maintenance Supervisors. RECOTRv1IENDATTONS: Approve (A) or Rejea (R) PERSONAL SERVICE CON1'RACTS M[JST ANSWER TI� FOLLOWA'G QUESTIONS: ,PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION i. Has ihis persoNfirm ever worked mder a contract for this department? _CIB COMMI7?EE Yes No STAFF 2. Has this persodfirm ever been a city employee? DISTRICT COURT Yes No SiJPPORTS WHICH COIJNCIL OBJEC'fIVE? 3. Does this person/fum possess a skill not normatly possessed by any cuRen[ ciry employee? Yes No Explain all yes aoswers on separate sheet and attach to green s6eet INITIATING PROBLEM, ISSUE, OPPORI'UN11'Y (W6o, W6ey When, Where, W hy): .. ,-�:r:...^,:r: �.� . .v ADVANTAGESIFAPPROVED: �' °_-' vv1= This resolution pertains to Boazd of Education employees only. 1 „ ��`.� � � ,�� DLSADVAA�AGESIFAPPROVED. . _- - ----� DISADVANTAGES IF NOT APPROVED: TOTAL AMOi1NT OF TRANSACfION: COST/REVEN[lE BUDGETED: FUNDING SOURCE: ACfIV1TY NUMBER FAVANCIAL INFORMATION: (EXPLAIIV) RECEIVED �.4YOR'S OFFICE INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �I�'a'� SAINT PAUL PUBLIC SCHOOLS DATE: July21, 1998 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools and Manual and Maintenance Supervisors' Association, Representing Manual and Maintenance Supervisors A. PERTINENT FACTS: 1. New Agreement is for a two-year period from January 1, 1998, through December 31, � 999. 2. Contract changes are as follows: Waaes: Effective January 3, 1998, increase wage schedule 2.5%. Effective January 2, '1999, increase wage schedule 2.5%. Include the title "School Bus Garage Superviso�' at Grade 34. Insurance: The insurance premium contributions by the District are increased from The current insurance caps of $187.50 for single coverage and $330 for family coverage will increase as follows: Sinqle Familv Effective January 1, 1998 $196.05 $350.00 Effective January 1, 1999 $205.00 $375.00 Retiree Health Insurance: Language revised, removing options that created a tax liability for employees. Holidavs: The Columbus Day holiday is deleted and replaced with the Day After Thanksgiving. Veterans Day and two floating holidays are converted to vacation days. The eligibility language is revised. These changes streamline the leave system by alig�ing the leave system with the organizational calendar and reducing payroll processing time. Severance Pav: Employees who retire and meet eligibility requirements will receive $100 per day for unused, accumulated sick leave �p to a maximum of $15,000. This replaces all previous severance pay plans. 3. The District has six FTE's in this bargaining unit. 4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and Lois 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 for manual and maintenance supervisors in this school district; duration of said Agreement is for the period of January 1, 1998, through December3l, 1999. ��-26 '�l � 1998 - 1999 4 LABOR AGREEMENT between INDEPENDENT 5CHOOL DISTRICT NO. 625 and • CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION January 1, 1998 Through December 31, 1999 � Saint Paul Public Schools • L/ F E L O N('i L E A R N/ N G � � � Sainf Pau1 Public Schools L/ i f L O N G L E A R N/ N G SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Mary Thornton Phiflips - Chair Greg Filice - Vice Chair Gilbert de la O- Clerk Neat Thao - Treasurer Administration William A. Larson - Maureen A. Flanagan - (Vacant) Lois M. Rockney Cy R. Yusten Tom Conion - Director Becky Montgomery - Director AI Oertwig - Director Interim Superintendent of Schools Executive Assistant Superintendent of Schools Assistant Superintendent Accountability, Technology and Support Services Interim Executive Director Fiscal Affairs and Operations Assistant Superintendent Teaching and Leaming t • � ri �9-26 '�1 TABLE OF GONTENTS • ARTICL TITLE PAGE Article 1. Purpose of Agreement .................................................................................... 1 Article Recognition .....................................................................................................1 Articie 3. Maintenance of Standards ...............................................................................2 Article Employer Rights .............................................................................................2 Article 5. Association Rights ..........................................................................................3 Article Seniority ........................................................................................................4 Article 7. Overtime and Premiums ................................................................................5 Article 8. Working Out of Classification ........................................................................5 Article Uniforms ........................................................................................................6 Article Vacation ..........................................................................................................6 Article Holidays ..........................................................................................................7 Article Sick Leave .......................................................................................................8 Article 13. Parental Leave ................................................................................................9 Article Wages ..............................................................................................................9 • Article 15. Insurance Benefits .......................................................................................10 Article Mileage .........................................................................................................14 Article Severance .....................................................................................................14 Article Discipline .....................................................................................................15 Article 19. Grievance Procedure ....................................................................................i 6 Article 20. No Strike, No Lockout ...................................................................................i 8 Article 21 . Right To Subcontract ....................................................................................i 8 Article Savings Clause ..............................................................................................1 8 Article 23. Term of Agreement .......................................................................................1 9 Appendix A: Titles and Salaries ...................................................................2 0 Index .............................................................................................................2 1 • � ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This Agreement is entered into beriveen Independent School District No_ 625, hereinafter called the Employer, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the Association. 1.1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.1.2 1.1.3 Establish procedures for the resolution of disputes conceming this AgreemenYs interpretation and/or application; and Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. 1.2 The Employer and the Association through this Agreement shall continue their dedication to the highest quality public service to the public served by the School District. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1971 (PELRA) as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the titles contained in this Agreement and any new manual and maintenance supervisor titles created during the term of this Agreement by Independent Schooi District No. 625 as defined by PELRA. 2.2 In the event the Employer and the Association are unabte to agree �s to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as i t has jurisdiction over by law. 2.3 The Employer shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this Agreement either individually or collectively which irt any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any employee because of Association membership or nonmembership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. � • � i �a-26 '� ARTICLE 3. MAINTENANCE OF STANDARDS • 3.1 The Employer agrees that ail conditions of employment relating to wages, hours • of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul at the time of the signing of this • Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made etsewhere in this Agreement. ARTICLE 4. EMPLOYER RIGHTS 4.1 The Employer retains the sole right to operate and manage all manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. 4.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Empioyer to modify, establish or eliminate. 4.3 The exercise by the Empioyer of, or its waiver of or its failure to exercise its • fuli right of management or decision on any matter or occasion, shail not be a precedent or be binding on the Employer nor the subject or basis of any grievance not admissible in any arbitration proceeding. The Empioyer's right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement nor by any claim the Employer has claimed or condoned or tolerated any practice or any act or acts of any employees. 4.4 A public Employer is not required to meet and negotiate on matters of inherent manageriai policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overail budget, utilization of technology and organizational structure and selection and direction and number of personnel. � ARTICLE 5. ASSOCIATION RIGHTS 5.1 The Employer shall deduct from the wages of the employees who authorize such a • deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. � 5.2 The Association may designate employees from the bargaining unit to act � stewards and alternates and shall inform the Employer in writing of such choices and of changes in the positions of stewards andlor alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 5.3 The Employer shall make space available on the employee bulletin board for the posting of Association notice(s) and announcement(s). 5.4 The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 5.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be aflowed to post official Association notices of the designated representatives; transmit communications authorized by the Association or its officers under the terms of this contract; consuit with the Employer, his/fier representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, • so long as such action does not interfere with regular empioyee duties and is reasonabie and necessary. 5.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be rro restraint, interference, coercion or discrimination against a steward because of the performance of such dut+es. 5.7 Any present or future employee covered by this Agreement who is not an Association member shal! be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Association. In no instance shall the required contribution exceed a pro rata share of the specific e�enses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. It is also understood that the Association agrees to indemnify and hotd the Employer harmless againsi any and aIl claims, suits, orders or judgments brought or issued against the Employer � a result of any action taken or not taken by the Employer under the provisions of this Section. 5.8 The Association agrees that an administrative service fee of fifty cents ($.50) per member per month shall be deducted by the Employer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the � Association. 3 � � — � f? �� • ARTICLE 6. SENIORITY 6.1 Seniority, for the purpose of this Agreement, shall be defined as follows: • � C� 6.1.1 "District Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 6.1 .2 "Class Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. Seniority shall terminate when an employee retires, resigns or is discharged. 6.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or is granted to take an efected or appointed full-time position with the Association. 6.4 Subd. 1. In the event it is determined by the Employer Yhat it is necessary to reduce the workforce, employees will be laid off by class title within each division based on inverse length of "Class Seniority ° Recail from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. Subd. 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which °Class Seniority" would keep them from being laid off, before layoffs are made by any class title in any department. ubd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shali have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in Subd. 1. above. 6.5 To the extent possible, vacation periods shall be assigned on the basis ot "District Seniority," within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 6.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 4 ARTICLE 7. OVERTIME AND PREMIUMS 7.1 Employees (with the exception of those covered in Section 7.2 hereof) shall be i paid one and one-half (1-1/2) times the regular rate of pay for work performed in excess of the regular workday and/or the forty (40)-hour workweek. . Overtime rates shall be computed on the basis of 1/80 of the biweekly rate. 7.2 Employees in a classification in salary grade 41 or above, or that is considered , "exempt from overtime calculation" under the RSA shall be paid straight time for work performed in excess of the regular workday and/or the forty (40)-hour workweek. 7.3 An employee who is called back to work following the completion of his/her regular workday shall be guaranteed four (4) hours of pay at his/her regular straight time rate. 7.4 Major holidays, for the purpose of this Section, shall include the following: New Yea�'s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day and Day After Thanksgiving. An employee working a major holiday as defined herein shall receive time and one-half (1-1/2) the regular rate of pay for aII work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that an alternative holiday shall be designated. 7.5 An employee shall be compensated in either compensatory time off or overtime • payment in wages at the Employer's discretion. 7.6 A night differential of five percent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly-assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. ARTICLE 8. WORKING OUT OF CLASSIFICATION 8.7. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of Employer shall receive the rate of pay for the out-ot-class assignment in a higher classification not Iater than the si�cteenth consecutive day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties arxi responsibilities of a classification by an individual in artother classification. For ihe purpose of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would have received if he were promoted to the higher classification. � � 1-26 '� r 1 L_J r1 LJ ARTICLE 9. UNIFQRMS 9.1 The Empioyer agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued empioyment, such uniform and/or equipment shail be fumished and maintained by the Employer. I t is, however, further understood that the Employer's obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 9.2 Any uniform or safety equipment provided pursuant to this Articie, darnaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the employee. 9.3 The Employer agrees to pay $60 toward the cost of purchasing or repairing one pair of safety shoes per contract year. This reimbursement of $60 shall be made only after investigation and approval by the immediate supervisor for that employee. This $60 Employer contribution shall apply oniy to those regular employees who are required to wear protective shoes or boots by the Employer. ARTICLE 10. VACATION 10.1 Vacation shall be credited at the rates shown below for each hour on the payroll: Accrual Hours of Days of Years of Service Rate Vacation Vacation First year through completion of 5 years .0500 1 04 1 3 After 5 years through completion of 15 years .0692 1 44 1 8 After 15 years through completion of 20 years .1000 208 26 After 20 years and thereafter .1077 224 28 Years of service with the City of Saint Paul and years of service in any bargaining group with the School District wili be counted as years of service for purposes of this Section. Hours/days listed are based on a 2,080-hour work year. Years of service means calendar years of service. For the purpose of this Article, the `�racation year� shall be 4he calendar year. a i 0.2 Employees who work less than full time shall be granted vacation on a pro rata basis. i0.3 An employee may carry over into the fol{owing year up to one hundred sixty (160) hours of vacation. 10.4 Scheduling of vacation is subject to approva{ of the employee's supervisor. 10.5 For the purposes of this Article 10, years of service shall be defined as the number of years since the employee's date ot appointment. Th+s shall not include years of service prior to a resignation. 0 ARTICLE 11. HOLIDAYS 1 1,1 Holidays Recognized and Observed. The following days shall be recognized and • observed as paid holidays: • New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 11 .2 Elyibility Requirements. To be eligible for hoiiday pay, employees must have beert compensated for alt schedule hours of iheir last scheduled workday before the holiday and for their first scheduled workday following the holiday. 11 .3 If Martin Luther King Day or Presidents' Day falis on a day when school is in session, the Employee shall work that day at straight time and another day shall • be designated as the holiday. This designated holiday shall be determined by agreement between the emptoyee and fhe supervisor. i ARTICLE l2. StCK LEAVE � R • 12.1 Sick leave. Sick leave shall accumulate at the rate of .0576 of a working hour � for each full hour on the payroll, excluding overtime. Sick leave accumulation is • unlimited. To be eligibie for sick leave, the empioyee must report to his/her supervisor no later than one-ha4f hour past hisfher regutar scheduled starting time. The granting of sick leave shall be subject to ihe terms and provisions of this Agreement. 12.1.1 Specified Allowable Uses of Sick Leave. Any employee who has accumulated sick leave credits as provided above shali 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, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law or other person who is a member of the household; and may be granted leave with pay for such time as is actuaNy necessary tor office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a parent or a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 12.1 .2 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one (1) day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sisier-in-law or brother-in-law. 12.1 .3 Sick Child Care Leave. An employee who has worked for the District for at least twelve (12) consecutive months for an average of twenty ( 2 0) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's itl child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota. Statute § S9i.9413 and shafl remain available as provided in Statute. i 2.1 .4 SpouselDependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These days when used are deductible from sick feave. 12.1.5 Sick Leave Conversion. Sick I hours may be converted to paid of sick leave time for one (1) five (5) regularly-assigned w (AO) hours in any year. :ave accumulation in excess of 1,440 vacation time at a ratio of two (2) hours iour of vacation time, to a maximum of >rkdays (not to exceed a totai of forty There shall be no conversion of unused sick leave in any amount at any � time to any cash payment other than ihe above-described conversion to vacation time or severance pay in Article 17. ARTICLE 13. PARENTAL LEAVE 13.1 Parental leave is a leave without pay or benefits which shali be granted upon � request subject to the provisions of this Section. ft may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or . children of the employee for an eMended period of time immediately following adoption or the conclusion of pregnancy; such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Empioyer. 13.2 In the case of pregnancy, an employee who wishes to use a period of (paid) eamed sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of eamed sick leave; however, sick leave time shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of tndependent Schooi District No. 625 not iater than twelve (12) weeks in advance of the anticipated date of delivery. The employee wiil be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 13.3 In the case of adoption, the employee shall submit a written application to the Director of Human Resources, of Independent School District No. 625 including the anticipated date of placement of the child, at least twetve (i2) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 13.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shall be placed, at the beginning of • the first pay period following the scheduled date of return, in the same position held prior to the leave or, if necessary, in an equivalent position. 13.5 When an employee has requested and been granted teave for a period longer than six (6) calendar months, but no more than twefve (12) calendar months, the employee will be placed in an equivalent position after the scheduled date of retum as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no certified incumbent, which is to be filled, and for which no other person has rights. 13.6 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as i t remains in force. The Human Resource Department provides procedures. ARTICLE 14. WAGES 14.1 The wage schedule for this Agreement is in Appendix A. 14.2 �tep Progression. Employees who received overall sat+sfactory performance rating and who were paid a minimum of 1,040 hours in the previous twelve (12) months (prorated for part-time employees) will progress one (1) step each year on the first day of the pay period following their anniversary date through Step 5. After ten (10) calendar years of service, the employee w i I I progress to Step 6. After fifteen (15) years of service, the empioyee will � progress to Step 7. ��-26 ' � ARTICLE i5. INSURANCE BENEFITS • SECTiON 1. ACTNE EMPLOYEE HEALTH INSURANCE 1.1 The Employer will continue for the period of this Agreement to provide for active empioyees such health and I'rfe insurance benefits as are provided by Employer at ihe time of execution of this Agreement. 1.2 Eliyibilit�Waiting Period. Three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an etigib{e employee can receive the District contribution to premium cost for health and life 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 Half-Time Status. For the purpose of this Article, 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. 1.5 Emolover Contribution Amount for Medical Insurance� Full-Time Employees. Effective January 1, 1998, for each eligibie 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 o r • $196.05 per month, whichever is less. For each etigible tul!-time emp{oyee who selects family coverage, the Employer will contribute the cost of such family coverage or $350 per month, whichever is less. 1.5.1 Effective January 1, 1999, 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 $205 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 $375 per month, whichever is less. 1.6 Life Insurance. For each eligible full-time employee the Employer agrees to contribute to the cost of $50,000 fife insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $12.00 per month. This amount shall drop to $5,000 of coverage (in the event of early retirement) until the retiree reaches age sixty-five (65); then all Employer coverage shall terminate. 1.7 Employer Contribution Amount: Married Couples. Effective January 1, 1999, � an eligible full-time employee who is married to another District employee axi is enrolled in the DistricYs health insurance plan as a dependent on their spouse's plan may waive the single or family contribution to health insurance � and receive up to $150 per month toward their spouse's family coverage. The coordination of District contributions cannot exceed the full cost of family � coverage and cannot be applied in cases where the spouse is receiving health insurance through the District's cafeteria benefits plan. iN7 ARTICLE Y5. INSURANCE, Section 1. (continued): 1.8 Emplovee Contribution Amount: Half-Time Emnloyees. 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 as stated in 1.5, 1.6 and 1.7 above. 1.9 Flexible $pendinaAccount. It is the intent of the Employer to maintain during the ierm of this Agreement a plan for medical and child care e�ense accounts to be available to employees in this bargaining unit who are eligible for Employer- paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requiremenis for such accounts. 1.10 The contributions indicated in this Article 15 shall be paid to the Employer's group heaiih and welfare plan. 1.11 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shafl be paid by the employee through payroll deduction. SECTION 2. REfIREMENT HEALTH INSURANCE Subd. 1. Benefit Eiic�ibilit� for Emplovees who Retire Before Aae 6 5 1.1 Employees hired into District service before January 1. 1996, must have completed the following service eligibility requirements with Independenf School District No. 625 prior to retirement in order to be eligible for any payment of • any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement 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 equal eighty-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 Independent School District No. 625 immediately preceding retirement. 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 7.1 E. 1.2 Em�loyees hired into District service after January 1. 1996, must have completed twenty (20) years of service with Independeni School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. • 11 � • r1 LJ 1.3 Eligibility requirements for all retirees: ARTICLE 15. INSURANCE, Section 2. (continued): �a-26 A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent Schooi District No. 625 retiree or Independent School District No.625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. B. Addftional dependents beyond 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 i n this Section. Subd. 2. E�lover Contribution Levels for Em�loyees Retirinc,�Before Age 6 5 2.1 2.2 Health Insurance Employer Contribution The District will for the period of this Agreement provide employees who meet the eligibility requireme�ts for health insurance in 1.1 or 12 above, who retire during the term of this Agreement, and untii 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 o r family coverage by that carrier, for an employee under this Agreement, in his/her last month of active empioyment. 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 shall constitute the limit on future contributions. Any empioyee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obiigation for single coverage premium contributions to a carrier after deleting family coverage. Life Insurance Employer 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, o r premium contributions paid, for any retiree age sixty-five (65) or over. Subd.3 Benefit Eligibility for EmployeesARer Pge65 3.1 Emoloyees hired into the District before January 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described i n Subd. 4 of this Article. 3.2 Em�lovees hired into the District before Januar�. 1 996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1.1 above to receive District contributions toward post-age-65 health insurance premiums: 12 ARTfCLE 15. INSURANCE, Section 2. (continued): 3.3 Emp(ovees hired on or after January Y. i 996, shal( nof have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4, Employees hired on or after January 1, 1996, shall be eligible for only eariv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4. Employer Contribution Levels for Retirees After Age 6 5 4.1 Emolovees hired into the District before January 1. 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible tor premium corttributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coverage Type Medicare Eligible Non-Medicare Eligible Sin e $300 per month $400 per month Famil $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. 4.2 Emplovees hired after January 1. 1 996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an employer maiched Minnesota Deferred Comper�sation 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 eligibte for up to orie half (50°/,) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3}-year requirement. Federat and state ruies goveming participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. • • � 13 9 �-26 ��1 ARTICLE 16. MILEAGE • 1 6.1 Employees of the School District under policy adopted by the Board of Education , may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, empioyees must receive authorization from the District Mileage Committee utilizing the foilowing pian: " PLAN "A". Effective with the adoption of this Agreement, is reimbursed at the current Board rate or 31¢ per mil e whichever is greater. in addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the empioyee's supervisor. Another consideration for establishing the maximum amount can be the experience of a�other worki�g in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTICLE 17. SEVERANCE 1 7.1 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 of the retirement. 17.2 To be eligible for the severance pay program, the employee must meet the following requirements: 17.2.1 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 Pubiic 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. 17.2.2 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. t7.2,3 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement o r re-employment (of any type) with the City of Saint Paul or with {ndependent School District No. 625. 17.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an � amount equal to $100 pay for each day of accrued, unused sick leave, up to 1 50 days. 14 ARTICLE 17. SEVERANCE (continued) 17.4 The maximum amount of money that any employee may obtain through this • severance pay program is $15,000. 17.5 For the purpose of this severance pay program, a death of an empfoyee shall be considered as separation of employment and, if the employee would have met aI I of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 17.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paui employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. ARTlCLE 18. DISCIPLlNE 18.1 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. 18.2. Suspensions, reductions, and discharges will be in written form. 18.3. Employees and the Association will receive copies of written reprimands and • notices of suspension and discharge. 18.4. Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Emptoyer. 18.5. Preliminary Review. Prior to issuing a disciplinary action of unpaid suspension, demotion or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor will 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 union representation preseM and be provided the opportunity to speak. If the employee is unable to meet with the supervisor, the employee will be given the opportunity to respond in writing. 18.6. An employee to be questioned conceming an investigation of disciplinary action shall have the right to request that an Association Representative be present. 18.7. Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 19 (Grievance Procedure); as an altemative option, such employee can request review, consistent with Minnesota Statute § 179A.20, Subd. 4. Orxe an employee, or the union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall noi be subject to the grievance review procedures. � 15 �;��6 .�� • ARTICLE 19. GRIEVANCE PROCEDURE 1 9.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement � to the interpretation or appiication of the specific terms and conditions of this Agreement. 19.2 Association Representatives. The Empioyer will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2. of this Agreement. 1 9.3 Processing of a Grievance. It is recognized and accepted by the Association and the Empioyer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 19.4 Procedure. Grievances, as defined by Section 19.1., shall be resoived in conformance with the following procedure: te 1. An employee ciaiming a violation concerning the interpretation o r appfication of this Agreement shall, within twenty-one (21) catendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision o r provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) cafendar days shall be considered waived. � te 2. if appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Empioyer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's finai Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shall be considered waived. 16 ARTICLE 19. GRIEVANCE PROCEDURE (continued) 19.4 Procedure: Grievances (continued) Steo 3. If appealed, the written grievance shall be presented by ihe Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shalf give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) caiendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within ten (10) calendar days shall be considered waived. Ste . A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Pub)ic Employmeni Labor Relations Act of 1971 as arnended. The selection of an arbitrator shall be made in accordance with the rules as established by the Bureau of Mediation Services. 19.5 Arbitrator's Authoritv • 19.5.1. The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association and shall have no authority to make a decision on any other issue not so submitted. • 19.5.2. The arbitrator shall be without power to make decisions contrary to o r inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitratoPs decision shall be submitted in writing within thirty ( 3 0) days following Gose of the hearing or ihe submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 19.5.3. The fees and e�enses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, ihe cost shall be shared equally. C� �7 �f-26 ��1 CJ AR7ICLE 19. GRIEVANCE PROCEDURE (continued) 1 9.6 Waiver. If a grievance is not presented within the time limits set forth above, i t shail be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Empioyer's last answer. if the Empioyer does not answer a grievance or an appeal thereof within the spec'rfied time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. 19.7 It is understood by the Association and the Employer that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that, if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shali not again be submitted for arbitration under the procedures set forth in this Article. ARTICLE 20. NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree stoppages, slow-downs, sit-down, stay in • the Employer's business or affairs by thereof, and there shafl be no bannering without first using all possible means of that may arise. ARTICLE 21. RIGHT 70 SUBCONTRACT that there shall be no strikes, work or other considered interference with the Association and/or the members during the existence of this Agreement peaceful settlement of any controversy 21.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in reduction of the workforce covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 22. SAVINGS CLAUSE i 22.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. 18 ARTICLE 23. TERM OF AGREEMENT 23.1 This Agreement shall be effective as of January 1, 1998, and shall continue in effect through December 31, 1999. This Agreement shall not be extended oraily and it is understood that it shail expire on the date indicated. 23.2 It is understood that this settlement shall be recommended by the Negotiations/Labor Relations Manager, but is subject to approval by the Board of Education. 23.3 The Empioyer and the Association acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms arxl conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. \ J WITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVI SSOCIATION xecutive Board ember � �J / � � � / / �� /L.� s -!/ �" _ �._ • • . . i i� � Manager N gotiations Team M mber � laclgR Dafe Assistant Manager � 1s96"' Date 19 � ��-26 ' � • APPENDIX A TITLES AND SALARIES STEP 1 2 3 4 5 6 7 Start 1 Year 2 Years 3 Years 5 Years 10 Years 15 Years Grade 3 4 Schooi Bus Garage Supervisor 1-3-98 1, 212.71 1, 337.01 1, 391.03 1,462.07 1, 521.45 1, 600.46 1,640.00 1-2-99 1,243.03 1,370.44 1,425.81 1,498.62 1,559.49 1,640.47 1,681.00 Grade 3 5 Food Service Equipment Specialist 1-3-98 1,355.02 1, 494.16 1, 569.80 1, 65'I .98 1-2-99 1,388.90 1,531.51 1,609.05 1,693.28 Grade 3 6 Facility Operations Coordinator I 13-98 1,361.61 1,501.17 1,561.81 1,641.58 1,708.24 1,796.96 1,84'I .36 1-2-99 1,395.65 1,538.70 1,600.86 1,682.62 1,750.95 1,841.88 1,887.39 • Grade 3 7 Grounds and Labor Supervisor 1-3-98 1,402.47 1,546.2� 1,608.68 1,690.8'I 1,759.47 1,850.86 1,896.60 1-2-99 1,437.53 1,584.87 1, 648.90 1, 733.08 1,803.46 1, 897.13 1, 944.02 � Grade 4 0 Facility Operations Coordinator II 1-3-98 1,544.48 1,691.03 1,757.86 1,847.76 1,922.65 2,022.48 2,072.42 1-2-99 1,583.09 1,733.31 1,801.81 1,893.95 1,970.72 2,073.04 2,124.23 ��i] INDEX A Association Dues ........................................3 D Discipline ................................................ I S E Employer Rights .........................................2 F F7exible Spending Account ......................... 11 Funeral I.eave ............................................. 8 G Grievance Prxedure ................................... 16 H Health Ins�rzance ........................................ 10 Holidays .................................................... 7 I Insurance Benefits ...................................... 10 L Life Insurance ........................................... 10 Lockout................................................... 18 M Mileage ................................................... 14 O Overtime ...................................................5 P Parental I.eave ............................................9 Preliminary Review ................................... 15 Premiums .................................................. 5 R Retirement Aealth Insurance ........................ 11 S Salaries ................................................... 20 Seniority ...................................................4 Severance ................................................. 14 Sick Child Caze Leave ..................................8 Sick Leave ................................................. S Sick L.eave Conversion .................................8 Spouse/Dependent Pazent Leave .....................8 Step Progression .........................................9 Scewazds .................................................... 3 Stritce...................................................... 18 Subcontract .............................................. 18 U Uniforms ................................................... 6 V Vacadon .................................................... 6 W Wages....................................................... 9 Working Out of Classification .......................5 • • • 21 Council File # q9 — e1(. O f` � G� N A� RESOLUTION SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 62414 Committee Date �a RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 0 January 1, 1998 through December 31, 1999 Employment Agreement between the Independent School District No. 625, Saint Paui Public Schools, and Manual and Maintenance Supervisors' Association, Representing Manua1 and Maintenance Supervisors. Requested by Department of: Office of Labor Relations By: `� � . � Approved by Mayor: Date J�l � 3 ( r t a�( By: <'�:3%vc�cf�l� � �_�� - —v � By: �-"-- � � Form App ed by City Attorney By: ��r4C3�• � ��a4 .... ,.. . , . , . �./� ��_I�. � � , Adopted by Council: Date '� Adoption Certified by Council Sec etary DEPARTMENT/OFFICEJCOUNCIL: DATE INITIATED �'!'� / �� - a ` LABOR RELATIONS 12/28/98 GREEN SHEET No.: 62414 '`'t'1 � � CONTACf PERSON & PHONE: q nv�7iaLnnx'E m�i�niNwTe JLTLIE KRAUS 266-6513 p�IGN 1 DEPARI'MENf DIR �� 4 CITY COUNCIL NUMBER 2 CITY ATIORNEY � CITY CLERK Mi7S1' BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEI' DIIi. £IN. & MGT. SERV[CE DIIL ROiR'1NG 3 MAYOR (OR ASST.) � ORDER TOTAL # OF SIGNATURE PAGES I (CLIP ALL �CA770NS FOR SIGNATORE) acnox�QUESrEn: This resolution approves the attached January 1, 1998 through December 31, 1999 Employment Agreement between Independent School District No. 625, Saint Paul Public Schools, and Manual and Maintenance Supervisors' Associarion, Representing Manual and Maintenance Supervisors. RECOTRv1IENDATTONS: Approve (A) or Rejea (R) PERSONAL SERVICE CON1'RACTS M[JST ANSWER TI� FOLLOWA'G QUESTIONS: ,PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION i. Has ihis persoNfirm ever worked mder a contract for this department? _CIB COMMI7?EE Yes No STAFF 2. Has this persodfirm ever been a city employee? DISTRICT COURT Yes No SiJPPORTS WHICH COIJNCIL OBJEC'fIVE? 3. Does this person/fum possess a skill not normatly possessed by any cuRen[ ciry employee? Yes No Explain all yes aoswers on separate sheet and attach to green s6eet INITIATING PROBLEM, ISSUE, OPPORI'UN11'Y (W6o, W6ey When, Where, W hy): .. ,-�:r:...^,:r: �.� . .v ADVANTAGESIFAPPROVED: �' °_-' vv1= This resolution pertains to Boazd of Education employees only. 1 „ ��`.� � � ,�� DLSADVAA�AGESIFAPPROVED. . _- - ----� DISADVANTAGES IF NOT APPROVED: TOTAL AMOi1NT OF TRANSACfION: COST/REVEN[lE BUDGETED: FUNDING SOURCE: ACfIV1TY NUMBER FAVANCIAL INFORMATION: (EXPLAIIV) RECEIVED �.4YOR'S OFFICE INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �I�'a'� SAINT PAUL PUBLIC SCHOOLS DATE: July21, 1998 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools and Manual and Maintenance Supervisors' Association, Representing Manual and Maintenance Supervisors A. PERTINENT FACTS: 1. New Agreement is for a two-year period from January 1, 1998, through December 31, � 999. 2. Contract changes are as follows: Waaes: Effective January 3, 1998, increase wage schedule 2.5%. Effective January 2, '1999, increase wage schedule 2.5%. Include the title "School Bus Garage Superviso�' at Grade 34. Insurance: The insurance premium contributions by the District are increased from The current insurance caps of $187.50 for single coverage and $330 for family coverage will increase as follows: Sinqle Familv Effective January 1, 1998 $196.05 $350.00 Effective January 1, 1999 $205.00 $375.00 Retiree Health Insurance: Language revised, removing options that created a tax liability for employees. Holidavs: The Columbus Day holiday is deleted and replaced with the Day After Thanksgiving. Veterans Day and two floating holidays are converted to vacation days. The eligibility language is revised. These changes streamline the leave system by alig�ing the leave system with the organizational calendar and reducing payroll processing time. Severance Pav: Employees who retire and meet eligibility requirements will receive $100 per day for unused, accumulated sick leave �p to a maximum of $15,000. This replaces all previous severance pay plans. 3. The District has six FTE's in this bargaining unit. 4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and Lois 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 for manual and maintenance supervisors in this school district; duration of said Agreement is for the period of January 1, 1998, through December3l, 1999. ��-26 '�l � 1998 - 1999 4 LABOR AGREEMENT between INDEPENDENT 5CHOOL DISTRICT NO. 625 and • CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION January 1, 1998 Through December 31, 1999 � Saint Paul Public Schools • L/ F E L O N('i L E A R N/ N G � � � Sainf Pau1 Public Schools L/ i f L O N G L E A R N/ N G SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Mary Thornton Phiflips - Chair Greg Filice - Vice Chair Gilbert de la O- Clerk Neat Thao - Treasurer Administration William A. Larson - Maureen A. Flanagan - (Vacant) Lois M. Rockney Cy R. Yusten Tom Conion - Director Becky Montgomery - Director AI Oertwig - Director Interim Superintendent of Schools Executive Assistant Superintendent of Schools Assistant Superintendent Accountability, Technology and Support Services Interim Executive Director Fiscal Affairs and Operations Assistant Superintendent Teaching and Leaming t • � ri �9-26 '�1 TABLE OF GONTENTS • ARTICL TITLE PAGE Article 1. Purpose of Agreement .................................................................................... 1 Article Recognition .....................................................................................................1 Articie 3. Maintenance of Standards ...............................................................................2 Article Employer Rights .............................................................................................2 Article 5. Association Rights ..........................................................................................3 Article Seniority ........................................................................................................4 Article 7. Overtime and Premiums ................................................................................5 Article 8. Working Out of Classification ........................................................................5 Article Uniforms ........................................................................................................6 Article Vacation ..........................................................................................................6 Article Holidays ..........................................................................................................7 Article Sick Leave .......................................................................................................8 Article 13. Parental Leave ................................................................................................9 Article Wages ..............................................................................................................9 • Article 15. Insurance Benefits .......................................................................................10 Article Mileage .........................................................................................................14 Article Severance .....................................................................................................14 Article Discipline .....................................................................................................15 Article 19. Grievance Procedure ....................................................................................i 6 Article 20. No Strike, No Lockout ...................................................................................i 8 Article 21 . Right To Subcontract ....................................................................................i 8 Article Savings Clause ..............................................................................................1 8 Article 23. Term of Agreement .......................................................................................1 9 Appendix A: Titles and Salaries ...................................................................2 0 Index .............................................................................................................2 1 • � ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This Agreement is entered into beriveen Independent School District No_ 625, hereinafter called the Employer, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the Association. 1.1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.1.2 1.1.3 Establish procedures for the resolution of disputes conceming this AgreemenYs interpretation and/or application; and Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. 1.2 The Employer and the Association through this Agreement shall continue their dedication to the highest quality public service to the public served by the School District. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1971 (PELRA) as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the titles contained in this Agreement and any new manual and maintenance supervisor titles created during the term of this Agreement by Independent Schooi District No. 625 as defined by PELRA. 2.2 In the event the Employer and the Association are unabte to agree �s to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as i t has jurisdiction over by law. 2.3 The Employer shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this Agreement either individually or collectively which irt any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any employee because of Association membership or nonmembership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. � • � i �a-26 '� ARTICLE 3. MAINTENANCE OF STANDARDS • 3.1 The Employer agrees that ail conditions of employment relating to wages, hours • of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul at the time of the signing of this • Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made etsewhere in this Agreement. ARTICLE 4. EMPLOYER RIGHTS 4.1 The Employer retains the sole right to operate and manage all manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. 4.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Empioyer to modify, establish or eliminate. 4.3 The exercise by the Empioyer of, or its waiver of or its failure to exercise its • fuli right of management or decision on any matter or occasion, shail not be a precedent or be binding on the Employer nor the subject or basis of any grievance not admissible in any arbitration proceeding. The Empioyer's right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement nor by any claim the Employer has claimed or condoned or tolerated any practice or any act or acts of any employees. 4.4 A public Employer is not required to meet and negotiate on matters of inherent manageriai policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overail budget, utilization of technology and organizational structure and selection and direction and number of personnel. � ARTICLE 5. ASSOCIATION RIGHTS 5.1 The Employer shall deduct from the wages of the employees who authorize such a • deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. � 5.2 The Association may designate employees from the bargaining unit to act � stewards and alternates and shall inform the Employer in writing of such choices and of changes in the positions of stewards andlor alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 5.3 The Employer shall make space available on the employee bulletin board for the posting of Association notice(s) and announcement(s). 5.4 The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 5.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be aflowed to post official Association notices of the designated representatives; transmit communications authorized by the Association or its officers under the terms of this contract; consuit with the Employer, his/fier representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, • so long as such action does not interfere with regular empioyee duties and is reasonabie and necessary. 5.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be rro restraint, interference, coercion or discrimination against a steward because of the performance of such dut+es. 5.7 Any present or future employee covered by this Agreement who is not an Association member shal! be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Association. In no instance shall the required contribution exceed a pro rata share of the specific e�enses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. It is also understood that the Association agrees to indemnify and hotd the Employer harmless againsi any and aIl claims, suits, orders or judgments brought or issued against the Employer � a result of any action taken or not taken by the Employer under the provisions of this Section. 5.8 The Association agrees that an administrative service fee of fifty cents ($.50) per member per month shall be deducted by the Employer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the � Association. 3 � � — � f? �� • ARTICLE 6. SENIORITY 6.1 Seniority, for the purpose of this Agreement, shall be defined as follows: • � C� 6.1.1 "District Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 6.1 .2 "Class Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. Seniority shall terminate when an employee retires, resigns or is discharged. 6.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or is granted to take an efected or appointed full-time position with the Association. 6.4 Subd. 1. In the event it is determined by the Employer Yhat it is necessary to reduce the workforce, employees will be laid off by class title within each division based on inverse length of "Class Seniority ° Recail from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. Subd. 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which °Class Seniority" would keep them from being laid off, before layoffs are made by any class title in any department. ubd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shali have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in Subd. 1. above. 6.5 To the extent possible, vacation periods shall be assigned on the basis ot "District Seniority," within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 6.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 4 ARTICLE 7. OVERTIME AND PREMIUMS 7.1 Employees (with the exception of those covered in Section 7.2 hereof) shall be i paid one and one-half (1-1/2) times the regular rate of pay for work performed in excess of the regular workday and/or the forty (40)-hour workweek. . Overtime rates shall be computed on the basis of 1/80 of the biweekly rate. 7.2 Employees in a classification in salary grade 41 or above, or that is considered , "exempt from overtime calculation" under the RSA shall be paid straight time for work performed in excess of the regular workday and/or the forty (40)-hour workweek. 7.3 An employee who is called back to work following the completion of his/her regular workday shall be guaranteed four (4) hours of pay at his/her regular straight time rate. 7.4 Major holidays, for the purpose of this Section, shall include the following: New Yea�'s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day and Day After Thanksgiving. An employee working a major holiday as defined herein shall receive time and one-half (1-1/2) the regular rate of pay for aII work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that an alternative holiday shall be designated. 7.5 An employee shall be compensated in either compensatory time off or overtime • payment in wages at the Employer's discretion. 7.6 A night differential of five percent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly-assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. ARTICLE 8. WORKING OUT OF CLASSIFICATION 8.7. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of Employer shall receive the rate of pay for the out-ot-class assignment in a higher classification not Iater than the si�cteenth consecutive day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties arxi responsibilities of a classification by an individual in artother classification. For ihe purpose of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would have received if he were promoted to the higher classification. � � 1-26 '� r 1 L_J r1 LJ ARTICLE 9. UNIFQRMS 9.1 The Empioyer agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued empioyment, such uniform and/or equipment shail be fumished and maintained by the Employer. I t is, however, further understood that the Employer's obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 9.2 Any uniform or safety equipment provided pursuant to this Articie, darnaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the employee. 9.3 The Employer agrees to pay $60 toward the cost of purchasing or repairing one pair of safety shoes per contract year. This reimbursement of $60 shall be made only after investigation and approval by the immediate supervisor for that employee. This $60 Employer contribution shall apply oniy to those regular employees who are required to wear protective shoes or boots by the Employer. ARTICLE 10. VACATION 10.1 Vacation shall be credited at the rates shown below for each hour on the payroll: Accrual Hours of Days of Years of Service Rate Vacation Vacation First year through completion of 5 years .0500 1 04 1 3 After 5 years through completion of 15 years .0692 1 44 1 8 After 15 years through completion of 20 years .1000 208 26 After 20 years and thereafter .1077 224 28 Years of service with the City of Saint Paul and years of service in any bargaining group with the School District wili be counted as years of service for purposes of this Section. Hours/days listed are based on a 2,080-hour work year. Years of service means calendar years of service. For the purpose of this Article, the `�racation year� shall be 4he calendar year. a i 0.2 Employees who work less than full time shall be granted vacation on a pro rata basis. i0.3 An employee may carry over into the fol{owing year up to one hundred sixty (160) hours of vacation. 10.4 Scheduling of vacation is subject to approva{ of the employee's supervisor. 10.5 For the purposes of this Article 10, years of service shall be defined as the number of years since the employee's date ot appointment. Th+s shall not include years of service prior to a resignation. 0 ARTICLE 11. HOLIDAYS 1 1,1 Holidays Recognized and Observed. The following days shall be recognized and • observed as paid holidays: • New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 11 .2 Elyibility Requirements. To be eligible for hoiiday pay, employees must have beert compensated for alt schedule hours of iheir last scheduled workday before the holiday and for their first scheduled workday following the holiday. 11 .3 If Martin Luther King Day or Presidents' Day falis on a day when school is in session, the Employee shall work that day at straight time and another day shall • be designated as the holiday. This designated holiday shall be determined by agreement between the emptoyee and fhe supervisor. i ARTICLE l2. StCK LEAVE � R • 12.1 Sick leave. Sick leave shall accumulate at the rate of .0576 of a working hour � for each full hour on the payroll, excluding overtime. Sick leave accumulation is • unlimited. To be eligibie for sick leave, the empioyee must report to his/her supervisor no later than one-ha4f hour past hisfher regutar scheduled starting time. The granting of sick leave shall be subject to ihe terms and provisions of this Agreement. 12.1.1 Specified Allowable Uses of Sick Leave. Any employee who has accumulated sick leave credits as provided above shali 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, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law or other person who is a member of the household; and may be granted leave with pay for such time as is actuaNy necessary tor office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a parent or a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 12.1 .2 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one (1) day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sisier-in-law or brother-in-law. 12.1 .3 Sick Child Care Leave. An employee who has worked for the District for at least twelve (12) consecutive months for an average of twenty ( 2 0) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's itl child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota. Statute § S9i.9413 and shafl remain available as provided in Statute. i 2.1 .4 SpouselDependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These days when used are deductible from sick feave. 12.1.5 Sick Leave Conversion. Sick I hours may be converted to paid of sick leave time for one (1) five (5) regularly-assigned w (AO) hours in any year. :ave accumulation in excess of 1,440 vacation time at a ratio of two (2) hours iour of vacation time, to a maximum of >rkdays (not to exceed a totai of forty There shall be no conversion of unused sick leave in any amount at any � time to any cash payment other than ihe above-described conversion to vacation time or severance pay in Article 17. ARTICLE 13. PARENTAL LEAVE 13.1 Parental leave is a leave without pay or benefits which shali be granted upon � request subject to the provisions of this Section. ft may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or . children of the employee for an eMended period of time immediately following adoption or the conclusion of pregnancy; such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Empioyer. 13.2 In the case of pregnancy, an employee who wishes to use a period of (paid) eamed sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of eamed sick leave; however, sick leave time shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of tndependent Schooi District No. 625 not iater than twelve (12) weeks in advance of the anticipated date of delivery. The employee wiil be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 13.3 In the case of adoption, the employee shall submit a written application to the Director of Human Resources, of Independent School District No. 625 including the anticipated date of placement of the child, at least twetve (i2) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 13.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shall be placed, at the beginning of • the first pay period following the scheduled date of return, in the same position held prior to the leave or, if necessary, in an equivalent position. 13.5 When an employee has requested and been granted teave for a period longer than six (6) calendar months, but no more than twefve (12) calendar months, the employee will be placed in an equivalent position after the scheduled date of retum as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no certified incumbent, which is to be filled, and for which no other person has rights. 13.6 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as i t remains in force. The Human Resource Department provides procedures. ARTICLE 14. WAGES 14.1 The wage schedule for this Agreement is in Appendix A. 14.2 �tep Progression. Employees who received overall sat+sfactory performance rating and who were paid a minimum of 1,040 hours in the previous twelve (12) months (prorated for part-time employees) will progress one (1) step each year on the first day of the pay period following their anniversary date through Step 5. After ten (10) calendar years of service, the employee w i I I progress to Step 6. After fifteen (15) years of service, the empioyee will � progress to Step 7. ��-26 ' � ARTICLE i5. INSURANCE BENEFITS • SECTiON 1. ACTNE EMPLOYEE HEALTH INSURANCE 1.1 The Employer will continue for the period of this Agreement to provide for active empioyees such health and I'rfe insurance benefits as are provided by Employer at ihe time of execution of this Agreement. 1.2 Eliyibilit�Waiting Period. Three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an etigib{e employee can receive the District contribution to premium cost for health and life 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 Half-Time Status. For the purpose of this Article, 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. 1.5 Emolover Contribution Amount for Medical Insurance� Full-Time Employees. Effective January 1, 1998, for each eligibie 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 o r • $196.05 per month, whichever is less. For each etigible tul!-time emp{oyee who selects family coverage, the Employer will contribute the cost of such family coverage or $350 per month, whichever is less. 1.5.1 Effective January 1, 1999, 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 $205 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 $375 per month, whichever is less. 1.6 Life Insurance. For each eligible full-time employee the Employer agrees to contribute to the cost of $50,000 fife insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $12.00 per month. This amount shall drop to $5,000 of coverage (in the event of early retirement) until the retiree reaches age sixty-five (65); then all Employer coverage shall terminate. 1.7 Employer Contribution Amount: Married Couples. Effective January 1, 1999, � an eligible full-time employee who is married to another District employee axi is enrolled in the DistricYs health insurance plan as a dependent on their spouse's plan may waive the single or family contribution to health insurance � and receive up to $150 per month toward their spouse's family coverage. The coordination of District contributions cannot exceed the full cost of family � coverage and cannot be applied in cases where the spouse is receiving health insurance through the District's cafeteria benefits plan. iN7 ARTICLE Y5. INSURANCE, Section 1. (continued): 1.8 Emplovee Contribution Amount: Half-Time Emnloyees. 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 as stated in 1.5, 1.6 and 1.7 above. 1.9 Flexible $pendinaAccount. It is the intent of the Employer to maintain during the ierm of this Agreement a plan for medical and child care e�ense accounts to be available to employees in this bargaining unit who are eligible for Employer- paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requiremenis for such accounts. 1.10 The contributions indicated in this Article 15 shall be paid to the Employer's group heaiih and welfare plan. 1.11 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shafl be paid by the employee through payroll deduction. SECTION 2. REfIREMENT HEALTH INSURANCE Subd. 1. Benefit Eiic�ibilit� for Emplovees who Retire Before Aae 6 5 1.1 Employees hired into District service before January 1. 1996, must have completed the following service eligibility requirements with Independenf School District No. 625 prior to retirement in order to be eligible for any payment of • any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement 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 equal eighty-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 Independent School District No. 625 immediately preceding retirement. 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 7.1 E. 1.2 Em�loyees hired into District service after January 1. 1996, must have completed twenty (20) years of service with Independeni School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. • 11 � • r1 LJ 1.3 Eligibility requirements for all retirees: ARTICLE 15. INSURANCE, Section 2. (continued): �a-26 A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent Schooi District No. 625 retiree or Independent School District No.625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. B. Addftional dependents beyond 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 i n this Section. Subd. 2. E�lover Contribution Levels for Em�loyees Retirinc,�Before Age 6 5 2.1 2.2 Health Insurance Employer Contribution The District will for the period of this Agreement provide employees who meet the eligibility requireme�ts for health insurance in 1.1 or 12 above, who retire during the term of this Agreement, and untii 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 o r family coverage by that carrier, for an employee under this Agreement, in his/her last month of active empioyment. 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 shall constitute the limit on future contributions. Any empioyee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obiigation for single coverage premium contributions to a carrier after deleting family coverage. Life Insurance Employer 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, o r premium contributions paid, for any retiree age sixty-five (65) or over. Subd.3 Benefit Eligibility for EmployeesARer Pge65 3.1 Emoloyees hired into the District before January 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described i n Subd. 4 of this Article. 3.2 Em�lovees hired into the District before Januar�. 1 996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1.1 above to receive District contributions toward post-age-65 health insurance premiums: 12 ARTfCLE 15. INSURANCE, Section 2. (continued): 3.3 Emp(ovees hired on or after January Y. i 996, shal( nof have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4, Employees hired on or after January 1, 1996, shall be eligible for only eariv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4. Employer Contribution Levels for Retirees After Age 6 5 4.1 Emolovees hired into the District before January 1. 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible tor premium corttributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coverage Type Medicare Eligible Non-Medicare Eligible Sin e $300 per month $400 per month Famil $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. 4.2 Emplovees hired after January 1. 1 996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an employer maiched Minnesota Deferred Comper�sation 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 eligibte for up to orie half (50°/,) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3}-year requirement. Federat and state ruies goveming participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. • • � 13 9 �-26 ��1 ARTICLE 16. MILEAGE • 1 6.1 Employees of the School District under policy adopted by the Board of Education , may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, empioyees must receive authorization from the District Mileage Committee utilizing the foilowing pian: " PLAN "A". Effective with the adoption of this Agreement, is reimbursed at the current Board rate or 31¢ per mil e whichever is greater. in addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the empioyee's supervisor. Another consideration for establishing the maximum amount can be the experience of a�other worki�g in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTICLE 17. SEVERANCE 1 7.1 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 of the retirement. 17.2 To be eligible for the severance pay program, the employee must meet the following requirements: 17.2.1 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 Pubiic 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. 17.2.2 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. t7.2,3 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement o r re-employment (of any type) with the City of Saint Paul or with {ndependent School District No. 625. 17.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an � amount equal to $100 pay for each day of accrued, unused sick leave, up to 1 50 days. 14 ARTICLE 17. SEVERANCE (continued) 17.4 The maximum amount of money that any employee may obtain through this • severance pay program is $15,000. 17.5 For the purpose of this severance pay program, a death of an empfoyee shall be considered as separation of employment and, if the employee would have met aI I of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 17.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paui employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. ARTlCLE 18. DISCIPLlNE 18.1 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. 18.2. Suspensions, reductions, and discharges will be in written form. 18.3. Employees and the Association will receive copies of written reprimands and • notices of suspension and discharge. 18.4. Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Emptoyer. 18.5. Preliminary Review. Prior to issuing a disciplinary action of unpaid suspension, demotion or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor will 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 union representation preseM and be provided the opportunity to speak. If the employee is unable to meet with the supervisor, the employee will be given the opportunity to respond in writing. 18.6. An employee to be questioned conceming an investigation of disciplinary action shall have the right to request that an Association Representative be present. 18.7. Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 19 (Grievance Procedure); as an altemative option, such employee can request review, consistent with Minnesota Statute § 179A.20, Subd. 4. Orxe an employee, or the union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall noi be subject to the grievance review procedures. � 15 �;��6 .�� • ARTICLE 19. GRIEVANCE PROCEDURE 1 9.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement � to the interpretation or appiication of the specific terms and conditions of this Agreement. 19.2 Association Representatives. The Empioyer will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2. of this Agreement. 1 9.3 Processing of a Grievance. It is recognized and accepted by the Association and the Empioyer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 19.4 Procedure. Grievances, as defined by Section 19.1., shall be resoived in conformance with the following procedure: te 1. An employee ciaiming a violation concerning the interpretation o r appfication of this Agreement shall, within twenty-one (21) catendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision o r provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) cafendar days shall be considered waived. � te 2. if appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Empioyer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's finai Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shall be considered waived. 16 ARTICLE 19. GRIEVANCE PROCEDURE (continued) 19.4 Procedure: Grievances (continued) Steo 3. If appealed, the written grievance shall be presented by ihe Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shalf give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) caiendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within ten (10) calendar days shall be considered waived. Ste . A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Pub)ic Employmeni Labor Relations Act of 1971 as arnended. The selection of an arbitrator shall be made in accordance with the rules as established by the Bureau of Mediation Services. 19.5 Arbitrator's Authoritv • 19.5.1. The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association and shall have no authority to make a decision on any other issue not so submitted. • 19.5.2. The arbitrator shall be without power to make decisions contrary to o r inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitratoPs decision shall be submitted in writing within thirty ( 3 0) days following Gose of the hearing or ihe submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 19.5.3. The fees and e�enses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, ihe cost shall be shared equally. C� �7 �f-26 ��1 CJ AR7ICLE 19. GRIEVANCE PROCEDURE (continued) 1 9.6 Waiver. If a grievance is not presented within the time limits set forth above, i t shail be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Empioyer's last answer. if the Empioyer does not answer a grievance or an appeal thereof within the spec'rfied time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. 19.7 It is understood by the Association and the Employer that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that, if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shali not again be submitted for arbitration under the procedures set forth in this Article. ARTICLE 20. NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree stoppages, slow-downs, sit-down, stay in • the Employer's business or affairs by thereof, and there shafl be no bannering without first using all possible means of that may arise. ARTICLE 21. RIGHT 70 SUBCONTRACT that there shall be no strikes, work or other considered interference with the Association and/or the members during the existence of this Agreement peaceful settlement of any controversy 21.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in reduction of the workforce covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 22. SAVINGS CLAUSE i 22.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. 18 ARTICLE 23. TERM OF AGREEMENT 23.1 This Agreement shall be effective as of January 1, 1998, and shall continue in effect through December 31, 1999. This Agreement shall not be extended oraily and it is understood that it shail expire on the date indicated. 23.2 It is understood that this settlement shall be recommended by the Negotiations/Labor Relations Manager, but is subject to approval by the Board of Education. 23.3 The Empioyer and the Association acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms arxl conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. \ J WITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVI SSOCIATION xecutive Board ember � �J / � � � / / �� /L.� s -!/ �" _ �._ • • . . i i� � Manager N gotiations Team M mber � laclgR Dafe Assistant Manager � 1s96"' Date 19 � ��-26 ' � • APPENDIX A TITLES AND SALARIES STEP 1 2 3 4 5 6 7 Start 1 Year 2 Years 3 Years 5 Years 10 Years 15 Years Grade 3 4 Schooi Bus Garage Supervisor 1-3-98 1, 212.71 1, 337.01 1, 391.03 1,462.07 1, 521.45 1, 600.46 1,640.00 1-2-99 1,243.03 1,370.44 1,425.81 1,498.62 1,559.49 1,640.47 1,681.00 Grade 3 5 Food Service Equipment Specialist 1-3-98 1,355.02 1, 494.16 1, 569.80 1, 65'I .98 1-2-99 1,388.90 1,531.51 1,609.05 1,693.28 Grade 3 6 Facility Operations Coordinator I 13-98 1,361.61 1,501.17 1,561.81 1,641.58 1,708.24 1,796.96 1,84'I .36 1-2-99 1,395.65 1,538.70 1,600.86 1,682.62 1,750.95 1,841.88 1,887.39 • Grade 3 7 Grounds and Labor Supervisor 1-3-98 1,402.47 1,546.2� 1,608.68 1,690.8'I 1,759.47 1,850.86 1,896.60 1-2-99 1,437.53 1,584.87 1, 648.90 1, 733.08 1,803.46 1, 897.13 1, 944.02 � Grade 4 0 Facility Operations Coordinator II 1-3-98 1,544.48 1,691.03 1,757.86 1,847.76 1,922.65 2,022.48 2,072.42 1-2-99 1,583.09 1,733.31 1,801.81 1,893.95 1,970.72 2,073.04 2,124.23 ��i] INDEX A Association Dues ........................................3 D Discipline ................................................ I S E Employer Rights .........................................2 F F7exible Spending Account ......................... 11 Funeral I.eave ............................................. 8 G Grievance Prxedure ................................... 16 H Health Ins�rzance ........................................ 10 Holidays .................................................... 7 I Insurance Benefits ...................................... 10 L Life Insurance ........................................... 10 Lockout................................................... 18 M Mileage ................................................... 14 O Overtime ...................................................5 P Parental I.eave ............................................9 Preliminary Review ................................... 15 Premiums .................................................. 5 R Retirement Aealth Insurance ........................ 11 S Salaries ................................................... 20 Seniority ...................................................4 Severance ................................................. 14 Sick Child Caze Leave ..................................8 Sick Leave ................................................. S Sick L.eave Conversion .................................8 Spouse/Dependent Pazent Leave .....................8 Step Progression .........................................9 Scewazds .................................................... 3 Stritce...................................................... 18 Subcontract .............................................. 18 U Uniforms ................................................... 6 V Vacadon .................................................... 6 W Wages....................................................... 9 Working Out of Classification .......................5 • • • 21 Council File # q9 — e1(. O f` � G� N A� RESOLUTION SAINT PAUL, MINNESOTA Presented Referred To Green Sheet # 62414 Committee Date �a RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 0 January 1, 1998 through December 31, 1999 Employment Agreement between the Independent School District No. 625, Saint Paui Public Schools, and Manual and Maintenance Supervisors' Association, Representing Manua1 and Maintenance Supervisors. Requested by Department of: Office of Labor Relations By: `� � . � Approved by Mayor: Date J�l � 3 ( r t a�( By: <'�:3%vc�cf�l� � �_�� - —v � By: �-"-- � � Form App ed by City Attorney By: ��r4C3�• � ��a4 .... ,.. . , . , . �./� ��_I�. � � , Adopted by Council: Date '� Adoption Certified by Council Sec etary DEPARTMENT/OFFICEJCOUNCIL: DATE INITIATED �'!'� / �� - a ` LABOR RELATIONS 12/28/98 GREEN SHEET No.: 62414 '`'t'1 � � CONTACf PERSON & PHONE: q nv�7iaLnnx'E m�i�niNwTe JLTLIE KRAUS 266-6513 p�IGN 1 DEPARI'MENf DIR �� 4 CITY COUNCIL NUMBER 2 CITY ATIORNEY � CITY CLERK Mi7S1' BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEI' DIIi. £IN. & MGT. SERV[CE DIIL ROiR'1NG 3 MAYOR (OR ASST.) � ORDER TOTAL # OF SIGNATURE PAGES I (CLIP ALL �CA770NS FOR SIGNATORE) acnox�QUESrEn: This resolution approves the attached January 1, 1998 through December 31, 1999 Employment Agreement between Independent School District No. 625, Saint Paul Public Schools, and Manual and Maintenance Supervisors' Associarion, Representing Manual and Maintenance Supervisors. RECOTRv1IENDATTONS: Approve (A) or Rejea (R) PERSONAL SERVICE CON1'RACTS M[JST ANSWER TI� FOLLOWA'G QUESTIONS: ,PLANNING COMMISSION _CIVIL SERVICE COMIvIISSION i. Has ihis persoNfirm ever worked mder a contract for this department? _CIB COMMI7?EE Yes No STAFF 2. Has this persodfirm ever been a city employee? DISTRICT COURT Yes No SiJPPORTS WHICH COIJNCIL OBJEC'fIVE? 3. Does this person/fum possess a skill not normatly possessed by any cuRen[ ciry employee? Yes No Explain all yes aoswers on separate sheet and attach to green s6eet INITIATING PROBLEM, ISSUE, OPPORI'UN11'Y (W6o, W6ey When, Where, W hy): .. ,-�:r:...^,:r: �.� . .v ADVANTAGESIFAPPROVED: �' °_-' vv1= This resolution pertains to Boazd of Education employees only. 1 „ ��`.� � � ,�� DLSADVAA�AGESIFAPPROVED. . _- - ----� DISADVANTAGES IF NOT APPROVED: TOTAL AMOi1NT OF TRANSACfION: COST/REVEN[lE BUDGETED: FUNDING SOURCE: ACfIV1TY NUMBER FAVANCIAL INFORMATION: (EXPLAIIV) RECEIVED �.4YOR'S OFFICE INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION �I�'a'� SAINT PAUL PUBLIC SCHOOLS DATE: July21, 1998 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Public Schools and Manual and Maintenance Supervisors' Association, Representing Manual and Maintenance Supervisors A. PERTINENT FACTS: 1. New Agreement is for a two-year period from January 1, 1998, through December 31, � 999. 2. Contract changes are as follows: Waaes: Effective January 3, 1998, increase wage schedule 2.5%. Effective January 2, '1999, increase wage schedule 2.5%. Include the title "School Bus Garage Superviso�' at Grade 34. Insurance: The insurance premium contributions by the District are increased from The current insurance caps of $187.50 for single coverage and $330 for family coverage will increase as follows: Sinqle Familv Effective January 1, 1998 $196.05 $350.00 Effective January 1, 1999 $205.00 $375.00 Retiree Health Insurance: Language revised, removing options that created a tax liability for employees. Holidavs: The Columbus Day holiday is deleted and replaced with the Day After Thanksgiving. Veterans Day and two floating holidays are converted to vacation days. The eligibility language is revised. These changes streamline the leave system by alig�ing the leave system with the organizational calendar and reducing payroll processing time. Severance Pav: Employees who retire and meet eligibility requirements will receive $100 per day for unused, accumulated sick leave �p to a maximum of $15,000. This replaces all previous severance pay plans. 3. The District has six FTE's in this bargaining unit. 4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Negotiations/Labor Relations Manager; and Lois 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 for manual and maintenance supervisors in this school district; duration of said Agreement is for the period of January 1, 1998, through December3l, 1999. ��-26 '�l � 1998 - 1999 4 LABOR AGREEMENT between INDEPENDENT 5CHOOL DISTRICT NO. 625 and • CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION January 1, 1998 Through December 31, 1999 � Saint Paul Public Schools • L/ F E L O N('i L E A R N/ N G � � � Sainf Pau1 Public Schools L/ i f L O N G L E A R N/ N G SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Mary Thornton Phiflips - Chair Greg Filice - Vice Chair Gilbert de la O- Clerk Neat Thao - Treasurer Administration William A. Larson - Maureen A. Flanagan - (Vacant) Lois M. Rockney Cy R. Yusten Tom Conion - Director Becky Montgomery - Director AI Oertwig - Director Interim Superintendent of Schools Executive Assistant Superintendent of Schools Assistant Superintendent Accountability, Technology and Support Services Interim Executive Director Fiscal Affairs and Operations Assistant Superintendent Teaching and Leaming t • � ri �9-26 '�1 TABLE OF GONTENTS • ARTICL TITLE PAGE Article 1. Purpose of Agreement .................................................................................... 1 Article Recognition .....................................................................................................1 Articie 3. Maintenance of Standards ...............................................................................2 Article Employer Rights .............................................................................................2 Article 5. Association Rights ..........................................................................................3 Article Seniority ........................................................................................................4 Article 7. Overtime and Premiums ................................................................................5 Article 8. Working Out of Classification ........................................................................5 Article Uniforms ........................................................................................................6 Article Vacation ..........................................................................................................6 Article Holidays ..........................................................................................................7 Article Sick Leave .......................................................................................................8 Article 13. Parental Leave ................................................................................................9 Article Wages ..............................................................................................................9 • Article 15. Insurance Benefits .......................................................................................10 Article Mileage .........................................................................................................14 Article Severance .....................................................................................................14 Article Discipline .....................................................................................................15 Article 19. Grievance Procedure ....................................................................................i 6 Article 20. No Strike, No Lockout ...................................................................................i 8 Article 21 . Right To Subcontract ....................................................................................i 8 Article Savings Clause ..............................................................................................1 8 Article 23. Term of Agreement .......................................................................................1 9 Appendix A: Titles and Salaries ...................................................................2 0 Index .............................................................................................................2 1 • � ARTICLE 1. PURPOSE OF AGREEMENT 1.1 This Agreement is entered into beriveen Independent School District No_ 625, hereinafter called the Employer, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the Association. 1.1.1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.1.2 1.1.3 Establish procedures for the resolution of disputes conceming this AgreemenYs interpretation and/or application; and Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. 1.2 The Employer and the Association through this Agreement shall continue their dedication to the highest quality public service to the public served by the School District. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1971 (PELRA) as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the titles contained in this Agreement and any new manual and maintenance supervisor titles created during the term of this Agreement by Independent Schooi District No. 625 as defined by PELRA. 2.2 In the event the Employer and the Association are unabte to agree �s to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as i t has jurisdiction over by law. 2.3 The Employer shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this Agreement either individually or collectively which irt any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any employee because of Association membership or nonmembership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this Agreement. � • � i �a-26 '� ARTICLE 3. MAINTENANCE OF STANDARDS • 3.1 The Employer agrees that ail conditions of employment relating to wages, hours • of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul at the time of the signing of this • Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made etsewhere in this Agreement. ARTICLE 4. EMPLOYER RIGHTS 4.1 The Employer retains the sole right to operate and manage all manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. 4.2 Any terms and conditions of employment not specifically established or modified by this Agreement shall remain solely within the discretion of the Empioyer to modify, establish or eliminate. 4.3 The exercise by the Empioyer of, or its waiver of or its failure to exercise its • fuli right of management or decision on any matter or occasion, shail not be a precedent or be binding on the Employer nor the subject or basis of any grievance not admissible in any arbitration proceeding. The Empioyer's right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement nor by any claim the Employer has claimed or condoned or tolerated any practice or any act or acts of any employees. 4.4 A public Employer is not required to meet and negotiate on matters of inherent manageriai policy which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overail budget, utilization of technology and organizational structure and selection and direction and number of personnel. � ARTICLE 5. ASSOCIATION RIGHTS 5.1 The Employer shall deduct from the wages of the employees who authorize such a • deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. � 5.2 The Association may designate employees from the bargaining unit to act � stewards and alternates and shall inform the Employer in writing of such choices and of changes in the positions of stewards andlor alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 5.3 The Employer shall make space available on the employee bulletin board for the posting of Association notice(s) and announcement(s). 5.4 The Association agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. 5.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be aflowed to post official Association notices of the designated representatives; transmit communications authorized by the Association or its officers under the terms of this contract; consuit with the Employer, his/fier representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, • so long as such action does not interfere with regular empioyee duties and is reasonabie and necessary. 5.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be rro restraint, interference, coercion or discrimination against a steward because of the performance of such dut+es. 5.7 Any present or future employee covered by this Agreement who is not an Association member shal! be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Association. In no instance shall the required contribution exceed a pro rata share of the specific e�enses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. It is also understood that the Association agrees to indemnify and hotd the Employer harmless againsi any and aIl claims, suits, orders or judgments brought or issued against the Employer � a result of any action taken or not taken by the Employer under the provisions of this Section. 5.8 The Association agrees that an administrative service fee of fifty cents ($.50) per member per month shall be deducted by the Employer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the � Association. 3 � � — � f? �� • ARTICLE 6. SENIORITY 6.1 Seniority, for the purpose of this Agreement, shall be defined as follows: • � C� 6.1.1 "District Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 6.1 .2 "Class Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. Seniority shall terminate when an employee retires, resigns or is discharged. 6.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or is granted to take an efected or appointed full-time position with the Association. 6.4 Subd. 1. In the event it is determined by the Employer Yhat it is necessary to reduce the workforce, employees will be laid off by class title within each division based on inverse length of "Class Seniority ° Recail from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. Subd. 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which °Class Seniority" would keep them from being laid off, before layoffs are made by any class title in any department. ubd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shali have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in Subd. 1. above. 6.5 To the extent possible, vacation periods shall be assigned on the basis ot "District Seniority," within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 6.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 4 ARTICLE 7. OVERTIME AND PREMIUMS 7.1 Employees (with the exception of those covered in Section 7.2 hereof) shall be i paid one and one-half (1-1/2) times the regular rate of pay for work performed in excess of the regular workday and/or the forty (40)-hour workweek. . Overtime rates shall be computed on the basis of 1/80 of the biweekly rate. 7.2 Employees in a classification in salary grade 41 or above, or that is considered , "exempt from overtime calculation" under the RSA shall be paid straight time for work performed in excess of the regular workday and/or the forty (40)-hour workweek. 7.3 An employee who is called back to work following the completion of his/her regular workday shall be guaranteed four (4) hours of pay at his/her regular straight time rate. 7.4 Major holidays, for the purpose of this Section, shall include the following: New Yea�'s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day and Day After Thanksgiving. An employee working a major holiday as defined herein shall receive time and one-half (1-1/2) the regular rate of pay for aII work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that an alternative holiday shall be designated. 7.5 An employee shall be compensated in either compensatory time off or overtime • payment in wages at the Employer's discretion. 7.6 A night differential of five percent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly-assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. ARTICLE 8. WORKING OUT OF CLASSIFICATION 8.7. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of Employer shall receive the rate of pay for the out-ot-class assignment in a higher classification not Iater than the si�cteenth consecutive day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties arxi responsibilities of a classification by an individual in artother classification. For ihe purpose of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would have received if he were promoted to the higher classification. � � 1-26 '� r 1 L_J r1 LJ ARTICLE 9. UNIFQRMS 9.1 The Empioyer agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued empioyment, such uniform and/or equipment shail be fumished and maintained by the Employer. I t is, however, further understood that the Employer's obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 9.2 Any uniform or safety equipment provided pursuant to this Articie, darnaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the employee. 9.3 The Employer agrees to pay $60 toward the cost of purchasing or repairing one pair of safety shoes per contract year. This reimbursement of $60 shall be made only after investigation and approval by the immediate supervisor for that employee. This $60 Employer contribution shall apply oniy to those regular employees who are required to wear protective shoes or boots by the Employer. ARTICLE 10. VACATION 10.1 Vacation shall be credited at the rates shown below for each hour on the payroll: Accrual Hours of Days of Years of Service Rate Vacation Vacation First year through completion of 5 years .0500 1 04 1 3 After 5 years through completion of 15 years .0692 1 44 1 8 After 15 years through completion of 20 years .1000 208 26 After 20 years and thereafter .1077 224 28 Years of service with the City of Saint Paul and years of service in any bargaining group with the School District wili be counted as years of service for purposes of this Section. Hours/days listed are based on a 2,080-hour work year. Years of service means calendar years of service. For the purpose of this Article, the `�racation year� shall be 4he calendar year. a i 0.2 Employees who work less than full time shall be granted vacation on a pro rata basis. i0.3 An employee may carry over into the fol{owing year up to one hundred sixty (160) hours of vacation. 10.4 Scheduling of vacation is subject to approva{ of the employee's supervisor. 10.5 For the purposes of this Article 10, years of service shall be defined as the number of years since the employee's date ot appointment. Th+s shall not include years of service prior to a resignation. 0 ARTICLE 11. HOLIDAYS 1 1,1 Holidays Recognized and Observed. The following days shall be recognized and • observed as paid holidays: • New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 11 .2 Elyibility Requirements. To be eligible for hoiiday pay, employees must have beert compensated for alt schedule hours of iheir last scheduled workday before the holiday and for their first scheduled workday following the holiday. 11 .3 If Martin Luther King Day or Presidents' Day falis on a day when school is in session, the Employee shall work that day at straight time and another day shall • be designated as the holiday. This designated holiday shall be determined by agreement between the emptoyee and fhe supervisor. i ARTICLE l2. StCK LEAVE � R • 12.1 Sick leave. Sick leave shall accumulate at the rate of .0576 of a working hour � for each full hour on the payroll, excluding overtime. Sick leave accumulation is • unlimited. To be eligibie for sick leave, the empioyee must report to his/her supervisor no later than one-ha4f hour past hisfher regutar scheduled starting time. The granting of sick leave shall be subject to ihe terms and provisions of this Agreement. 12.1.1 Specified Allowable Uses of Sick Leave. Any employee who has accumulated sick leave credits as provided above shali 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, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law or other person who is a member of the household; and may be granted leave with pay for such time as is actuaNy necessary tor office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a parent or a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 12.1 .2 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one (1) day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sisier-in-law or brother-in-law. 12.1 .3 Sick Child Care Leave. An employee who has worked for the District for at least twelve (12) consecutive months for an average of twenty ( 2 0) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's itl child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota. Statute § S9i.9413 and shafl remain available as provided in Statute. i 2.1 .4 SpouselDependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These days when used are deductible from sick feave. 12.1.5 Sick Leave Conversion. Sick I hours may be converted to paid of sick leave time for one (1) five (5) regularly-assigned w (AO) hours in any year. :ave accumulation in excess of 1,440 vacation time at a ratio of two (2) hours iour of vacation time, to a maximum of >rkdays (not to exceed a totai of forty There shall be no conversion of unused sick leave in any amount at any � time to any cash payment other than ihe above-described conversion to vacation time or severance pay in Article 17. ARTICLE 13. PARENTAL LEAVE 13.1 Parental leave is a leave without pay or benefits which shali be granted upon � request subject to the provisions of this Section. ft may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or . children of the employee for an eMended period of time immediately following adoption or the conclusion of pregnancy; such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Empioyer. 13.2 In the case of pregnancy, an employee who wishes to use a period of (paid) eamed sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of eamed sick leave; however, sick leave time shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of tndependent Schooi District No. 625 not iater than twelve (12) weeks in advance of the anticipated date of delivery. The employee wiil be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 13.3 In the case of adoption, the employee shall submit a written application to the Director of Human Resources, of Independent School District No. 625 including the anticipated date of placement of the child, at least twetve (i2) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 13.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shall be placed, at the beginning of • the first pay period following the scheduled date of return, in the same position held prior to the leave or, if necessary, in an equivalent position. 13.5 When an employee has requested and been granted teave for a period longer than six (6) calendar months, but no more than twefve (12) calendar months, the employee will be placed in an equivalent position after the scheduled date of retum as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no certified incumbent, which is to be filled, and for which no other person has rights. 13.6 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as i t remains in force. The Human Resource Department provides procedures. ARTICLE 14. WAGES 14.1 The wage schedule for this Agreement is in Appendix A. 14.2 �tep Progression. Employees who received overall sat+sfactory performance rating and who were paid a minimum of 1,040 hours in the previous twelve (12) months (prorated for part-time employees) will progress one (1) step each year on the first day of the pay period following their anniversary date through Step 5. After ten (10) calendar years of service, the employee w i I I progress to Step 6. After fifteen (15) years of service, the empioyee will � progress to Step 7. ��-26 ' � ARTICLE i5. INSURANCE BENEFITS • SECTiON 1. ACTNE EMPLOYEE HEALTH INSURANCE 1.1 The Employer will continue for the period of this Agreement to provide for active empioyees such health and I'rfe insurance benefits as are provided by Employer at ihe time of execution of this Agreement. 1.2 Eliyibilit�Waiting Period. Three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an etigib{e employee can receive the District contribution to premium cost for health and life 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 Half-Time Status. For the purpose of this Article, 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. 1.5 Emolover Contribution Amount for Medical Insurance� Full-Time Employees. Effective January 1, 1998, for each eligibie 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 o r • $196.05 per month, whichever is less. For each etigible tul!-time emp{oyee who selects family coverage, the Employer will contribute the cost of such family coverage or $350 per month, whichever is less. 1.5.1 Effective January 1, 1999, 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 $205 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 $375 per month, whichever is less. 1.6 Life Insurance. For each eligible full-time employee the Employer agrees to contribute to the cost of $50,000 fife insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $12.00 per month. This amount shall drop to $5,000 of coverage (in the event of early retirement) until the retiree reaches age sixty-five (65); then all Employer coverage shall terminate. 1.7 Employer Contribution Amount: Married Couples. Effective January 1, 1999, � an eligible full-time employee who is married to another District employee axi is enrolled in the DistricYs health insurance plan as a dependent on their spouse's plan may waive the single or family contribution to health insurance � and receive up to $150 per month toward their spouse's family coverage. The coordination of District contributions cannot exceed the full cost of family � coverage and cannot be applied in cases where the spouse is receiving health insurance through the District's cafeteria benefits plan. iN7 ARTICLE Y5. INSURANCE, Section 1. (continued): 1.8 Emplovee Contribution Amount: Half-Time Emnloyees. 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 as stated in 1.5, 1.6 and 1.7 above. 1.9 Flexible $pendinaAccount. It is the intent of the Employer to maintain during the ierm of this Agreement a plan for medical and child care e�ense accounts to be available to employees in this bargaining unit who are eligible for Employer- paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requiremenis for such accounts. 1.10 The contributions indicated in this Article 15 shall be paid to the Employer's group heaiih and welfare plan. 1.11 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 15 shafl be paid by the employee through payroll deduction. SECTION 2. REfIREMENT HEALTH INSURANCE Subd. 1. Benefit Eiic�ibilit� for Emplovees who Retire Before Aae 6 5 1.1 Employees hired into District service before January 1. 1996, must have completed the following service eligibility requirements with Independenf School District No. 625 prior to retirement in order to be eligible for any payment of • any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement 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 equal eighty-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 Independent School District No. 625 immediately preceding retirement. 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 7.1 E. 1.2 Em�loyees hired into District service after January 1. 1996, must have completed twenty (20) years of service with Independeni School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. • 11 � • r1 LJ 1.3 Eligibility requirements for all retirees: ARTICLE 15. INSURANCE, Section 2. (continued): �a-26 A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent Schooi District No. 625 retiree or Independent School District No.625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. B. Addftional dependents beyond 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 i n this Section. Subd. 2. E�lover Contribution Levels for Em�loyees Retirinc,�Before Age 6 5 2.1 2.2 Health Insurance Employer Contribution The District will for the period of this Agreement provide employees who meet the eligibility requireme�ts for health insurance in 1.1 or 12 above, who retire during the term of this Agreement, and untii 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 o r family coverage by that carrier, for an employee under this Agreement, in his/her last month of active empioyment. 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 shall constitute the limit on future contributions. Any empioyee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obiigation for single coverage premium contributions to a carrier after deleting family coverage. Life Insurance Employer 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, o r premium contributions paid, for any retiree age sixty-five (65) or over. Subd.3 Benefit Eligibility for EmployeesARer Pge65 3.1 Emoloyees hired into the District before January 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described i n Subd. 4 of this Article. 3.2 Em�lovees hired into the District before Januar�. 1 996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1.1 above to receive District contributions toward post-age-65 health insurance premiums: 12 ARTfCLE 15. INSURANCE, Section 2. (continued): 3.3 Emp(ovees hired on or after January Y. i 996, shal( nof have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4, Employees hired on or after January 1, 1996, shall be eligible for only eariv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4. Employer Contribution Levels for Retirees After Age 6 5 4.1 Emolovees hired into the District before January 1. 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible tor premium corttributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coverage Type Medicare Eligible Non-Medicare Eligible Sin e $300 per month $400 per month Famil $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. 4.2 Emplovees hired after January 1. 1 996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an employer maiched Minnesota Deferred Comper�sation 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 eligibte for up to orie half (50°/,) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3}-year requirement. Federat and state ruies goveming participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. • • � 13 9 �-26 ��1 ARTICLE 16. MILEAGE • 1 6.1 Employees of the School District under policy adopted by the Board of Education , may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, empioyees must receive authorization from the District Mileage Committee utilizing the foilowing pian: " PLAN "A". Effective with the adoption of this Agreement, is reimbursed at the current Board rate or 31¢ per mil e whichever is greater. in addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the empioyee's supervisor. Another consideration for establishing the maximum amount can be the experience of a�other worki�g in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTICLE 17. SEVERANCE 1 7.1 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 of the retirement. 17.2 To be eligible for the severance pay program, the employee must meet the following requirements: 17.2.1 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 Pubiic 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. 17.2.2 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. t7.2,3 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement o r re-employment (of any type) with the City of Saint Paul or with {ndependent School District No. 625. 17.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an � amount equal to $100 pay for each day of accrued, unused sick leave, up to 1 50 days. 14 ARTICLE 17. SEVERANCE (continued) 17.4 The maximum amount of money that any employee may obtain through this • severance pay program is $15,000. 17.5 For the purpose of this severance pay program, a death of an empfoyee shall be considered as separation of employment and, if the employee would have met aI I of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 17.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paui employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. ARTlCLE 18. DISCIPLlNE 18.1 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. 18.2. Suspensions, reductions, and discharges will be in written form. 18.3. Employees and the Association will receive copies of written reprimands and • notices of suspension and discharge. 18.4. Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Emptoyer. 18.5. Preliminary Review. Prior to issuing a disciplinary action of unpaid suspension, demotion or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor will 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 union representation preseM and be provided the opportunity to speak. If the employee is unable to meet with the supervisor, the employee will be given the opportunity to respond in writing. 18.6. An employee to be questioned conceming an investigation of disciplinary action shall have the right to request that an Association Representative be present. 18.7. Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 19 (Grievance Procedure); as an altemative option, such employee can request review, consistent with Minnesota Statute § 179A.20, Subd. 4. Orxe an employee, or the union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall noi be subject to the grievance review procedures. � 15 �;��6 .�� • ARTICLE 19. GRIEVANCE PROCEDURE 1 9.1 Definition of a Grievance. A grievance is defined as a dispute or disagreement � to the interpretation or appiication of the specific terms and conditions of this Agreement. 19.2 Association Representatives. The Empioyer will recognize representatives designated by the Association as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2. of this Agreement. 1 9.3 Processing of a Grievance. It is recognized and accepted by the Association and the Empioyer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 19.4 Procedure. Grievances, as defined by Section 19.1., shall be resoived in conformance with the following procedure: te 1. An employee ciaiming a violation concerning the interpretation o r appfication of this Agreement shall, within twenty-one (21) catendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision o r provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) cafendar days shall be considered waived. � te 2. if appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Empioyer's Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's finai Step 2 answer. Any grievance not appealed in writing to Step 3 by the Association within ten (10) calendar days shall be considered waived. 16 ARTICLE 19. GRIEVANCE PROCEDURE (continued) 19.4 Procedure: Grievances (continued) Steo 3. If appealed, the written grievance shall be presented by ihe Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shalf give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) caiendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within ten (10) calendar days shall be considered waived. Ste . A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Pub)ic Employmeni Labor Relations Act of 1971 as arnended. The selection of an arbitrator shall be made in accordance with the rules as established by the Bureau of Mediation Services. 19.5 Arbitrator's Authoritv • 19.5.1. The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association and shall have no authority to make a decision on any other issue not so submitted. • 19.5.2. The arbitrator shall be without power to make decisions contrary to o r inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitratoPs decision shall be submitted in writing within thirty ( 3 0) days following Gose of the hearing or ihe submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Association and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. 19.5.3. The fees and e�enses for the arbitrator's services and proceedings shall be bome equally by the Employer and the Association provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, ihe cost shall be shared equally. C� �7 �f-26 ��1 CJ AR7ICLE 19. GRIEVANCE PROCEDURE (continued) 1 9.6 Waiver. If a grievance is not presented within the time limits set forth above, i t shail be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Empioyer's last answer. if the Empioyer does not answer a grievance or an appeal thereof within the spec'rfied time limits, the Association may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. 19.7 It is understood by the Association and the Employer that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that, if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shali not again be submitted for arbitration under the procedures set forth in this Article. ARTICLE 20. NO STRIKE, NO LOCKOUT 20.1 The Association and the Employer agree stoppages, slow-downs, sit-down, stay in • the Employer's business or affairs by thereof, and there shafl be no bannering without first using all possible means of that may arise. ARTICLE 21. RIGHT 70 SUBCONTRACT that there shall be no strikes, work or other considered interference with the Association and/or the members during the existence of this Agreement peaceful settlement of any controversy 21.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in reduction of the workforce covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 22. SAVINGS CLAUSE i 22.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. 18 ARTICLE 23. TERM OF AGREEMENT 23.1 This Agreement shall be effective as of January 1, 1998, and shall continue in effect through December 31, 1999. This Agreement shall not be extended oraily and it is understood that it shail expire on the date indicated. 23.2 It is understood that this settlement shall be recommended by the Negotiations/Labor Relations Manager, but is subject to approval by the Board of Education. 23.3 The Empioyer and the Association acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms arxl conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. \ J WITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVI SSOCIATION xecutive Board ember � �J / � � � / / �� /L.� s -!/ �" _ �._ • • . . i i� � Manager N gotiations Team M mber � laclgR Dafe Assistant Manager � 1s96"' Date 19 � ��-26 ' � • APPENDIX A TITLES AND SALARIES STEP 1 2 3 4 5 6 7 Start 1 Year 2 Years 3 Years 5 Years 10 Years 15 Years Grade 3 4 Schooi Bus Garage Supervisor 1-3-98 1, 212.71 1, 337.01 1, 391.03 1,462.07 1, 521.45 1, 600.46 1,640.00 1-2-99 1,243.03 1,370.44 1,425.81 1,498.62 1,559.49 1,640.47 1,681.00 Grade 3 5 Food Service Equipment Specialist 1-3-98 1,355.02 1, 494.16 1, 569.80 1, 65'I .98 1-2-99 1,388.90 1,531.51 1,609.05 1,693.28 Grade 3 6 Facility Operations Coordinator I 13-98 1,361.61 1,501.17 1,561.81 1,641.58 1,708.24 1,796.96 1,84'I .36 1-2-99 1,395.65 1,538.70 1,600.86 1,682.62 1,750.95 1,841.88 1,887.39 • Grade 3 7 Grounds and Labor Supervisor 1-3-98 1,402.47 1,546.2� 1,608.68 1,690.8'I 1,759.47 1,850.86 1,896.60 1-2-99 1,437.53 1,584.87 1, 648.90 1, 733.08 1,803.46 1, 897.13 1, 944.02 � Grade 4 0 Facility Operations Coordinator II 1-3-98 1,544.48 1,691.03 1,757.86 1,847.76 1,922.65 2,022.48 2,072.42 1-2-99 1,583.09 1,733.31 1,801.81 1,893.95 1,970.72 2,073.04 2,124.23 ��i] INDEX A Association Dues ........................................3 D Discipline ................................................ I S E Employer Rights .........................................2 F F7exible Spending Account ......................... 11 Funeral I.eave ............................................. 8 G Grievance Prxedure ................................... 16 H Health Ins�rzance ........................................ 10 Holidays .................................................... 7 I Insurance Benefits ...................................... 10 L Life Insurance ........................................... 10 Lockout................................................... 18 M Mileage ................................................... 14 O Overtime ...................................................5 P Parental I.eave ............................................9 Preliminary Review ................................... 15 Premiums .................................................. 5 R Retirement Aealth Insurance ........................ 11 S Salaries ................................................... 20 Seniority ...................................................4 Severance ................................................. 14 Sick Child Caze Leave ..................................8 Sick Leave ................................................. S Sick L.eave Conversion .................................8 Spouse/Dependent Pazent Leave .....................8 Step Progression .........................................9 Scewazds .................................................... 3 Stritce...................................................... 18 Subcontract .............................................. 18 U Uniforms ................................................... 6 V Vacadon .................................................... 6 W Wages....................................................... 9 Working Out of Classification .......................5 • • • 21