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88-1227 WHITE - C�TV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council /./ CANARV - DEPARTMENT /•/ BLUE - MAYOR File NO. _��` � Council Resolution ,- ,-�--�� ; IPresented Referred To '' � / Committee: Date ��'�� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Agreement between Independent School District �k625 and the American Federation of State, County and Municipal Employees Council 14, Local 1842. 1 COUNCIL MEMBERS Requested Department of: Yeas Nays Dimond PERSONN L Lo� In Favor Goswitz Rettman Sc6eibel � __ Against BY �ensea /��l�� Wilson ��± �Q� AVV 2 5 i� Form Ap oved y Cit tto y Adopted by Council: Date � Certified P•s-e ouncil ret By c By A►ppr v by Mavor: Date � _ Approve by M r fo u ' sion to Council � B — P�.��. �``�_' - �; �988 ; G�tK�`�� . : N°_ 014057 � PE�tSONNEL-�.ABOR RELATIONS DEPARTMENT , - - - - - - ,i litF.s C_ T.Q ARn� CONTACT NAME ;4 298-4221 PHONE � ': . i � JU�.Y 8� 19 8 DATE _ ASSTGN Nt3MB�R FOR ROIITING A�DER: (See reverse side.) ��partm�nt Director 3 Mayor (or1Assistsnt) _,Financa l�nd 1�'assagement Services Director 4 City Clerk Budget L�irector ? City Attorney _ TOT�1L NtJMBER OF SIGpATURE PAGES: 1 (Clip all locations for signatv�re.) WHAT WILL BE ACHIEVED _BY TAKiNG ACTION ON THE ATTAG�EBD 1�tATERIALSP (Pu�cposa/Rationale) � THIS RESOLUTION APPROVES THE ATTACHED TWO-YEAR AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT #6�5 AIdD AFSCME COIiNCIL 14, LOCAL 1842. R��IVED ALSO ATTACHED IS A SU1�Il�fARY OF THE PERTINENT FACTS REGARDING THE AGREE NT. JUL �. 21988 CO3T/BENEFIT� BUDGBTARY. AND PF.RSONNEL IMPACTS !►AfTICIPATED: MAYO�t'S OFFICE NOAi� Council+ Research Cen#er , FINANCING S�IRCE AND BUDGET ACTIVITY NUMBER CHARGED OR CREDIfiED: J'�L 1� � {Mayor's sig�ature not required if under $10,000.) To�al Amount of Trans�ction: Activity Number: Fundi�g Source: ATTACHMENTS: ', (List and nuatber all attachments.� RE�EIii�� 1 - COUNC IL RE SOLUTION ,,�U L 1 1 �988' 1 - 'INFORMATION SHEET (PERTINENT FACTS) 1 - GONTRACT EACH F/COUNCIL & CITY CLERK 1 - �HYLZIS BYERS CITY ��':`��!�a AD1�t�ATZSTRATIVE PROCEDURES _�tes _No Rules, Regulations, Procedures, or Budget Amendment requiredY Yes _No If yes, ar� they or timetable attached? DEPAR.�IENT REVIEW GITY ATTORNEY REVI�W �Yes _No Council resalution required? R.esolution requi�ed? �Yes _Na _Yes �No Insurance required? Insurance sufficient? _Yes _No _Yes �No Insurance attached? � � �-�a�� J� ,, CITY OF SAINT PAUL ' ;;,;;';;�;';;� OFFICE OF T33T CITY COIINCIL � RECEtVED Camtni�tee Re art Au� 1 s �9sa � cmc c�K �`i�ance,= eme�t� & Personnel Cammittee. August 15, 1988 � 1. Approval of minutes of July 25 and August 1 meet�ings. Approved. FINANCE 8 MANAGEMENT 2. Resolutio� 88-1286 - �nending the I988 budget Denied by addi�g $20,000 to the Financing and Spending Plans for Tuition Reimbursement Program. (Referred from Council August 4) 3. Resolution 88-1288 amending the 1988 budget by Laid o.ver 1 week adding $210,000 to the Financing a�d Spendi�g P1ans � fo� Community Services-Parks 8 Recreation-Watergate Marina. (Referred from Council August 4) � 4. Resolution 88-1289 - amending the 1988 budget Approved � by adding $127.300 to the �Fina�cing and Spending ! Plans for Public Wo�ks Vehicle Rental. f (Referred f�om Cou�cil August 4) � 5. Resolution 88-1290 - amending the 1988 budget by Approved adding �16,657,570 to the Financing 8 Spending Plans for Public Works Sewer Fund. (Referred from Council August 4) 6.. Resolution 88-1292 - amending the 1988 CIB budget by Approved transferring $52,000 for City Community Warning System imp�ovements. (Referred from Council August 4) � 7. Resolution 88-1293 - amending the COBG budget by Approved transferring $206,000 for Oxford Pool and Oistrict Il Recreation Center. (Referred from Council August 4? CiTY HALL SEVENT'H FLOOR SAINT PAUL, b1I�INFSOTa►55102 �aa - PeRSONNE� . 8. Resolution� 88-1284 - changing the rate of pay for Approved De�tal Assistant in Grade 17 to Grade 22 of the Technical `Standard Ranges in the Salary Pian and Rates of Compensation Resolution. _ (Referred from Council August 4) 9. Resolution 88-1285 - establishing the rate o� pay Withdrawn . for Special Projects Manager in Grade !4 of �tae Professional Non-Supervisory Stanriard Ranges. tReferred from. Council August 4) 10. Resolution 88-1226 - approvi�g agreement betw�en Approved ISU #625 and AFSCME local 844, Clericai Employees. (Referred from Council August 4) ,,�"��t j�n 88- 7 - aPprov-�r�g.�{c�� -=�� =�M@� � �,1''"'��t7�at�€thpkt�ipiees. �e� `f�-�t►�i�August g) 12. Resolution 88-1228 - approving agreement between �Pr�� ISD #625 and the Classified Confidential Employee's Assaciation. (Referred from Council August ,4) MISCEILANEOUS � � 13. Discussio� of Eider Council report on per diems Laid�over to 8/29 paid by the city to members of city boards, commissions and committees. (Referred from Rules and Policy Committee July 8, laid over in Finance �Cortmittee August 8) . 14. Appearance of Mary Jane Rachner concerning Ffire Laid over to 8�22 Department pe�-sonnel . . 15. Adjourn. Note: Agenda order is tentative and may be changed ay the comrnittee if circumstances dictate. Agenda times are provided'as a r-ough estimate so city staff involved i� presentations can plan their work schedule to minimize the time spent waiting fo� thei� agenda item. The committee may telephone any scheduled presentor and ask them to advance their prese�tation if the committee is �unning ahead of schedule. Material for each agenda itern is on fite with the city clerk's office and will be avaiiable at the comrnittee hearing upon request. � , � � . . . • . INDEPENDENT SCHOOL DISTRICT �625 ��-�aa7 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: May 17, 1988 TOPIC: �proval of an Employment Agreement for 1988-89 with AFSCME Council 14, Local �11R42, technical bargaining unit A. PERTINENT FACTS: 1) This new two-year Agreement for 1988-8? is the successor to the amended 1986-87 agreement. 2) Changes are as follows: GRIEVANCE PROCF.DURE AND D?SCIPLINE: Articles amended to delete references to possibility of Civil Service Comnission hearings. INSURANCE: Retiree insurance premium contributions - Language added to limit eligibility for such contributions. Health Irsur2nce - Preff,ium contribution of Employer increased effective April 1, 1?88 by $7.50 per month. Effective 3anuary 1 , 198?, the premium contrihution of the Employer is further increased by $7.50 per month. Life Insurance - The Employer will contribute cost of $5,000. additional coverage effective May 1, 1988. Effective January 1, 1989, the Employer �,�ill contribute the cost of an additional $5.000. coverage. LEA�'ES OF ABS£T�CE: Maternity I.eave section is changed to Parental/Naternity Leave and langu2�e added to provide for parental leave to employees for the birth or adoption of a child in accordance with state laws. LEGAL SERVICES Article is newly added, consistent with other contracts. WAGES: Wage rates increased by 3.25% for 1988, and 3.25% for 1989. 3) The District has 60 employees in this hargaining unit. 4� Requested by Phyllis E. Byers, hegotiator. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve a� adopt the Agreement concerning the terms and conditions of employment of those technical employees in this school district for whom AFSCPSF Council 14, Local No. 1842 is the exclusive representati��e; term of Agreement is January 1, 1988 through December 31 , 1989. �--��-/,T�� Agreement between j . SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOO� DISTRICT 625 And LOCAL UNION 184 2 � DISTRICT COUNCIL 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL �MPLOYEES, AFL-CIO e � �� 7 • ' • ► SAIPIT PAUL PUBLIC SCHOOLS - District 625 Board of Fducation: Daniel B. BostroM - Chairman Bill Carlson - Member Margo Fox - Vice Chair A1 Oertwig - Member Eleanor Weber - Clerk Claudia Swanson - Member James S. Griffin - Treasurer Administration: • Dr. David A. Bennett - Superintendent Curman L. Gaines - Associate Superintendent, Administrative Services Dr. David W. M. Frye - Associate Superintendent, Curriculum and Instruction e r • ��a�r • � INDEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 ' II Check Off 4 IIL Hours of Work 4 . IV Work Breaks 5 V Holidays 6 VI Grievance Procedures 7 VII Mileage--Independent School District No. 625 10 VIII Residency 10 IX Vacation 11 X Insurance 12 XI Working Out of Classification 17 XII Seniority 18 XIII �mployee Records 21 XIV Bulletin Boards 21 • XV Wages Z1 XVI Maintenance of Standards • 22 XVII Leaves of Absence 23 XVIII Military Leave of Absence 2S XIX Management Rights 25 XX Discipline 26 XXI Vacancies 27 XXII Legal Services 27 XXIII No Strike, No Lockout 27 XXIV Severance Pay 28 XXV Emergency and Temporary Employees 30 ' XXVI Non-discrimination 30 XXVII Terms of Agreement 31 Appendix A A-1/A-3 • - ii - PREAMBLE • • This AGREEMENT, entered into by Independent School District No. 625, hereinafter referred to as the EMPLOYF.R, and Local Union 1842, affili.ated with Council 14 of the A�nerican Federation of State, County, and Municipal Fmployees, AFL-CIO, hereinafter referred to as the UNION, has as its purpose the promotion c�f harmonious relations between the EMPLOYER and the UNION, the establishment of rates of pay, hours of work, and other conditions of employment. a . • • - iii - ��a�� • ARTICLF I - RECOGNITION 1. ] The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours, and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota Bureau of Mediation Services, dated October 16, 1986, in Case No. 87-PR-158 and as amended and as set forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREEMENT shall consist of the ` following: A]_1 technical personnel employed by Iudependent School District No. 625, Saint Paul, Minnesota who are public employees � within the meaning of Minn. Stat. 179A.03, Subd. 14, in the classifications of: Accounting Clerk (Vocational E.D.P. Program Analyst Institute) E.D.P. Programmer Accounting Technician I Employment Specialist (Youth Accounting Technician II Services Bureau) Accounting Technician III Engineering Aide I Administrative Aide (Community Engineering Aide II Services) Affirmative Action Investigator Engineering Draftsman I • Affirmative Action Officer Engineering Draftsman II (Department of Human Rights) Engineering Inspector Air Pollution Technician I Ffeld Representative (Depart- Air Pollution Technician II ment of Human Rights) Architectural Draftsman I General Library Assistant Architectural Draftsman II Graphic Arts Technician (City Assessment Clerk II Planning) Assistant Supervisor of Housing Aide I Assessments Housing Aide II Child Development Technician Housing Technician T Clinic Nurse Housing Technician II Community Organizer Instructor of Arts and Cr.afts ' Consumer Assistant Instrumentman Consumer Investigator I Interpreter (Health) Consumer Investigator II Laboratory Technician Dental Assistant Library Assistant • - 1 - Article I - Recognition (continued) Model Cities Technician I *S ecial Student Atte • p ndant Model Cities Technician II Staff Coordinator Occupational Therapy Assistant Supervising Dental Hygienist Personnel Technician (Model Supervisor of Assessment Accounts Cities) Surveyor I Physical Therapy Assistant Plan Examiner (Public Buildings) Testing Laboratory Aide I Planning Aide I Testing Laboratory Aide II Planning Aide II Testing Laboratory Technician I � Planning Assistant I Testing Laboratory Technician II Planning Assistant II Traffic Engineering Aide II . Planning Technician I Traffic Technician I Planning Technician II Traffic Technician 1I Practical.Nurse Traffic Technician III Program Coordinator (Youth Utilities Investigator I Services Bureau) Utilities Investigator II Programming Manager *Public Address Operator Valuation and Assessment Aide I Public Buildings Technician II Valuation and Assessment Aide II Public Buildings Technician III Valuation and Assessment Public Information Technician Technician I Public Works Technician I Valuation and Assessment • Technieian II Valuation and Assessment Technician III Public Works Technician II Valuation Technician Public Works Technician III Water Department Technician I Recreation Leader Water Department Technician II Recreation Leader II Water Department Technician III Recreation Leader III Water Laboratory Aide Sanitarian Aide I X-ray Technician Sanitarian Aide II Sanitation Inspector I � Sanitation Inspector II Senior X-ray Technician �Title abolished except as to present incumbents. • - 2 - ��i�� • Article I - Recognition (continued} 1.3 Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION and, upon notification by the UNION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses inccirred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This pruvision sha]_1 remain operative only so long as specifically provided by P4innesota law, and p as otherwise legal. . 1.4 The UNION agrees to indemnify and hold the EMPLOYER harm]_ess against any and all claims, suits, orders or judgnents brought ur issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of Section 1.3 of this Article. • • - 3 - ARTICLE II - CHECK OFF • 2.1 The EMPLOYER agrees to deduct the UNION membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the RP4PLOYER by a representative of the LTNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the rppresentative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. � 2.2 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all cl.aims, suits, orders or judgments brought or issued • against the EMPLOYER as a result of any action taken or not taken bv the EMPLOYER under the provision� of this Article. ARTICLE III - HOURS OF WORK 3. 1 The normal work day shall be seven and three-fourths (7 3/4) consecutive hours per day, excluding a forty-five- (45) minute ]_unch period, fifteen (15) minutes of which shall be paid. 3.2 The normal work week shall be five (5) consecutive normal work days in • any seven- (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38 3/4) hours per week. 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. 3.6 All empl.oyees in this bargaining unit shall be recompensed for work done in excess of the normal hours established above in this Article � by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The . overtime rate of one and one-half shall be computed on the basis of 1/80th of the biweekl.y rate. 3.7 Normal. work schedules showing the employee's shifts, work days, and hours shall be posted on all department bulletin boards at all times. It is also understood that deviation from posted work schedules shall be permissible due to e�nergencies, acts of God, and overtime may be required. • - 4 - ��-,aa� • ARTICLF. IV - WORK BREAKS 4. 1 Rest Periods. All employees' work schedules shall provide for a fifteen- (15) minute rest period during each one-half shift. The rest period shall be scheduled by management at approximately the middle of each one-half shift whenever this is feasible. 4.2 If an employee is scheduled to work a full half-shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said half-shift. . . � � � � • - 5 - ARTICLE V - HOLIDAYS • 5. 1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Columbus Day Martin Luther King Day Veterans' Day Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Two floating holidays. � Labor Day Eligibl.e 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 hotidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday throu�h Friday, the holiday shall be observed on the calendar date of the holiday. 5.2 The floating holidays set forth in Section 5. 1 above may be taken ��t any time during the contract year, subject to the approval of the dep�rtment head of any employee. 5.3 Eligibility Requirements. In order to be eligible for a holiday with • pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that nei_ther temporary, emergency nor other employees not heretofore eli.gi.ble shall receive holiday pay. 5.4 Notwithstanding Artic]_e 5.3, effective April 1, 1984, a temporary employee shall be e_liqible for holiday pay only after such employee has been employed as a temporary employee for. sixty-seven (67) consecutive work days. No temporary employee shall be eligible for " any floating holidays. 5.5 In the case of Board of Education employees, if Martin Luther King Dav, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and the supervisor. • - 6 - ��i�27 • ARTICLE VI - GRIEVANCE PROCEDURES 6. 1 The EMPLOYrR shall recognize stewards selected in accordance with UNION rul.es and regulations as the grievance representative of the bargaining unit. The LINION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. h.2 It is recognized and accepted by the EMPLOYF.R and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsiUil3.ties of the employees and shall therefore be ' accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a , grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 6.3 The procedur.e established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this ACREFMENT. 6.4 Grievance shall be resolved in conformance with the fol.lowing procedure: • SteP ] . Upon the occurrence of an alleged violation of this AGREEMENT, the employee involved with ox without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMEPdT vi.olated, and relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) work days of the first occurrence of the event giving rise to the - grievance shall be considered waived. Step 2. Within seven (7) wor.k days after receiving the written ° grievance, a designated �MPLOYER supervisor shall meet with the UNTON steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writin� to the UNION within three (3) work days follawing this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days following receipt of the EMPLOYF.R'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days following receipt of • the EMPLOYER'S answer shall be considered waived. - 7 - Article VI - Grievance Procedures (continued) • Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2, a designated �MPLOYER supervisor shall meet with the UNION Business Manager or his designated representative, the employee, and the steward, and attempt to resolve the grievance. Within seven (7) work days following this meeting, the EMPLOYER shall reply in writing to the UNION, stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the UNION may refer the , grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) work days iollowing receipt of the EMPLOYER'S answer shall be considered waived. - Step 4. If the grievance remains unresolved, the UNION may witY►in seven (7) work days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER and the UNION shall have the • right to strike two (2) names from the panel. The iTNION shall strike the first (lst) name; the EMPI.OYF.R shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGRF.EMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on a.ny other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) � days following cl.ose of the hearing or the submission of b riefs by the parties, whichever be later, unless the parties agree to an extension. „ The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMFNT and to the facts of the grievar.ce presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 6.6 The f.ees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shal.l 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. - $ - ��a�7 Article VI - Grievance Procedures (continued) • 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. < > 6.8 It is understood by the UNION and the EMPLOYER that if an issue i.s determined by this grievance procedure, it sha]1 not again be submitted for determination in another forum. If an issue is determined by any other forum, it shall not again be submitted for arbitration under this grievance procedure. This provision is not ' intended to abrogate rights secured under state or federal statutes. , 6.8. 1 Notwithstanding that portion of Article 27.2 referring to laws of the City of Saint Paul, no issue regarding actions taken under this Agreement shall be submitted to the Civil Service Commission, except as permitted in Article 20.8, for persons covered by veterans preference. • • - 9 - ARTICLE VII - MZLEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 • 7. 1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee � utilizing the following plan: PLAN "A", effective with the adoption of this AGREEMENT, is reimbursed at the rate of 23C per mile. In addition, a maximum . amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. � Another consideration for establishing the maximum amount can be the experience of another working in the same or similar. position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTICLE VIII - RF,SIDENCY 8. 1 The Board of Fducation has n� residency requirement �overning School District employees. • • - 10 - , o��,�.�r • ARTICLE IX - VACATION 9. 1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation lst year through 4th year .0385 5th year through 9th year .0577 lOth year through 15th year .0654 � 16th year through 23rd year .0808 ?_4th year and thereafter .1000 9.2 The head of the department may permit an employee to carry over into the "vacation year." beginning December 6, 1986 and each "vacation year" thereafter, up to eighty (80) hours of vacation. For the purpose of this Article, the "vacation year" shall be the fiscal year (IRS payroll reporting year) . 9.3 The above provisions of vacation shall be subject to the Saint Paul • Salary Plan and Rates of Compensation, Section I, Subd. H. • - 11 - ARTICLE X - INSURANCE • 10. 1 The Employer will continue for the period of this Agreement to provide for employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. 10.2 The Employer will. for the period of this Agreement provide for full-time employees who retire after the time of execution of this Agreement and until such employees reach sixty-five (65) years of age, such health insurance benefits and life insurance benefits as are _ provided by the Employer for active employees under this Agreement. 10.3 The Employer will for the period of this Agreement provide for - half-time employees who retire after the time of execution of this Agreement and until such employees reach sixty-five (65) years of age � fifty per cent (50%) of such health insurance contributions and life insurance contributions as are provided by the Employer for full-time employees who retire under this Agreement. 10.4 Notwithstanding Article 10.2, the Employer will for the period of this Agreement contribute for full-time employees who retire after December 31, 1985 and who select the Physicians Health Plan-COMBO provided by the Employer and until such retirees reach sixty-five (65) years of a e, the cost of such retiree coverage or $125.00 per month, whichever is less. - For such retirees selecting family coverage, the Employer �aill • contribute the cost of such family coverage or $284.12 per month, whichever is less. For tialf-time employees who retire after December 31, 1985 and who select the Physicians Health Plan-COMBO provided by the Employer and until such retirees reach sixty-five (65) years of age, the Employer will contribute fifty per cent (50%) of such health insurance contributions as are provided by this Article 10.4 for full-time employees who retire. 10.5 Employees who retire after execution of this Agreement must meet the following conditions at the time of retirenent to be eligible for the Employer contributions to health insurance set forth in Article 10.2, � ]0.3, and 10.4: 10.5. 1 Be receiving benefits from a public employee retiree act at l the time of retirement AND 10.5.2 Have severed his relationship with Independent School District No. 625 under one of the early retiree plans. • - 12 - ��-/��7 • Article X - Insurance (continued) 10,6 Effective January 1, 1987, in addition to meeting the eligibility requirements stated in 10.5. 1 and 10.5.2 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 10.2, 10.3, and 10.4: 10.6. 1 Must be at least 58 years of age and have completed 25 years of employment with Independent School District No. 625 � OR The combination of their age and their years of service must _ equal eighty-five (85) or more OR Must have completed at least thirty (30) years of service. 10.7 Effective January 1, 1987, fu11-time employees who retire and who meet the conditions set forth in 10.5. 1 and 10.5.2 but who meet none of the conditions set forth in 10.6. 1, shall be eligible for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five years of age. Combination of Age Contribution for Contribution for • and Years of Service Single Coverage Family Coverage 84 90% 90y 83 80Y 80% 82 70% 70% �i �oy �� 8D 50% 50�. 10.8 For employees who retire at the age of 65 or older or for early retirees upon reaching 65, and who have completed at least ten years of service with the District at the time of thei.r retirement, the Employer will provide health insurance contributions toward employee health insurance plans as are provided by the Employer for retirees 65 years of age or older as approved by Board of Education Resolution. For such employees or early retirees who have not completed at least � ten (10) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. This subdivision 10.8 shall not apply to employees who were regularly appointed to City/District employment prior to the date of the signing of this Agreement. Employees who were regularly appointed to City/ Distr.ict employment prior to the signing of this Agreement and • subsequently terminated shall be covered by this Agreement in the event that they are regularly appointed at a later date. - 13 - Article X - insurance (continued) • 10.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a City/I.S.D. 4�625 retiree or City/I.S.D. �625 employee and eligible for and is enrolled in the City/I.S.D. 4E625 health insurance program. 10. 10 - For each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, � the Employer agrees to contribute the cost of such coverage or _ $85.00 per month, whichever is less. - For each fulJ.-time employee who selects family coverage, the . Employer will contribute the cost of such family coverage or $185.00 per month, whichever is less. 10. 11 For the purpose of this Article, full-time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period, excluding overtime hours. 10. 12 - For each eligible employee covered by this Agreement who is employed half-time who selects employee insurance coverage, the Fmployer agrees to contribute fifty per cent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. - For each half-time employee who selects family insurance • coverage, the Employer will. contribute fifty per cent (50�) of the amount contributed for full-time emp�oyees selecting family coverage in the same insurance plan. For the purpose of this Article, half.-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 40 hours but less than 64 hours per pay period, excluding overtime hours. 10. 13 Notwithstanding Article 10. 12, employees covered by this Agreement and employed half-time prior to January 1 , 1986 shall receive the same insurance contributions as a full-time employee. � This Article 10. 13 applies only to employees who were employed half-time during the month of December, 1985 and shall continue to apply only as long as such employee remains continuously � employed half-time. • - 14 - �� Article X - Insurance (continued) • 10. 14 Effective April 1, 1988 the amount of Employer's contribution � toward the employee coverage in Article 10. 10 will be adjusted in dollars to reflect the cost of the highest January 1, 1988 premium rate for employee coverage or $92.50 per month, whichever is less. - The Employer`s contribution toward famil.y coverage in Subd. 10. 10 will be adjusted in dol.lars to reflect the cost of the � highest January 1, 1988 premium rate for family coverage or $192.50 per month, whichever is less. p 10. 15 Effective January 1, 1989 the amount of Employer's contribution toward the employee coverage in Article 10. 10 will be adjusted in dollars to reflect the cost of the highest January l , 19$9 premium rate for employee coverage or $100.00 per month, whichever is less. - The Employer's contribution toward family coverage in Subd. 10. 10 will be ad�usted fn dollars to reflect the cost of the highest January 1, 1989 premium rate for family coverage or $200.00 per month, whichever is less. 10. 16 F.mployees eligible for insurance coverage may select any one of • the following coveragesc Group Health Physicians Health P1an-COMBO. In the event the Employer makes available to employees a heatth � insurance plan not listed above, this Agreement may be reopened bS� �autual agreement of the Employer and Union to add such plan to the above list in this Article 10. 16. 10. 17 Life Insurance: 10. 17. 1 For each eligible employee, the Fmployer agrees to contribute the cost of $5,000 of life insurance coverage. � 10. 17.2 Effective May 1, 1988, for each eligible employee, the Empl.oyer agrees to contribute the cost of an additional $5,000. life insurance coverage, not to exceed $1.00 ' per month. This subdivision expires December 31, 1988. 10. 17.3 Effective January l, 1989, for each eligible employee, the Employer agrees to contribute the cost of $10,000. life insurance coverage in addition to the basic $5,000. coverage provided in 10.17. 1 above; the contribution for this added coverage shall not exceed � $2.00 per month. • - 15 - Article X - Insurance (continued) • 10. 18 The contributions indicated in this Article 10 shall be paid to the Employer's Group Health and Welfare Plan. 10. 19 Any cost of any premium for any Employer-offered emp].oyee or family insurance coverage in excess of the dollar amounts stated in this Article 10 shall be paid by the employee. • • - 16 - ��=�� . • ARTICLE XI - WORKING OUT OF CLASSIFICATION 11. 1 EMPLOYER shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as an , assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different f_rom the employee's regular position, and which is in a classification , higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regu]ar appointment to the higher classification. • • - 17 - ARTICLF. XII - SENIORITY • 12. 1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of continuous, regular, and probationary service with the EMPLOYER from the date an employee was first certified and � appointed to a class title covered by this AGREEMENT, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which . certif.ication was made. 12.2 Seniority shall terminate when an employee retires, resigns or is � discharged. 12.3 In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title withi.n each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total seniority in all titles listed on the corresponding line under Column B. The Personnel Department will identify such least senior employee in the department reducing positions, and shall notify sai.d employee of his/her reduction from the department. If there are any vacancies in • any of the titles under Column B on which seniority was based, in any other District department, the Personnel Department shall place the affected employee in such vacancy. If two or more vacant positions are available, the Personnel. Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and if the employee affected by the original departmental reduction is more senior, he/she shall have the right to claim that position and the least senior District employee in such titles sha11 be the employee laid off. For the purposes of this Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. Column A Column B Child Development Technician Child Development Technician, � Special Student Attendant Engineering Aide I Engineering Aide I, Engineering Aide II • - 18 - ��/�2J • Article XII - Seniority (continued) Column A (continued) Column B (continued) Engineering Aide II Engineering Aide I, Engineering Aide TI Library Assistant I Library Assistant I, I.ibrary Assistant II Library Assistant II Library Assistant I, Library Assistant II Planning Aide I Planning Aide I, Planning Aide II, Planning Assistant I, Planning Assistant II Ylanning Aide II Planning Aide I, Planning Aide II, Planning Assistant I, Planning Assistant II Planning Assistant I Planning Aide I, Planning Aide II, Planning Assistant I, Planning Assistant II • Pl.anning Assistant II Planning Aide I, Planning Aide II, Planning Assistant I, Planning Assistant II Recreation Center Director Recreation Leader II, Recreation Leader III, Recreation Director I Recreation Leader II Recreation Leader II, Recreation Leader III, Recreation Director I Recreation Leader III Recreation Leader II, Recreation Leader III, ' Recreation Director I Special Student Attendant Child Development Technician, Special Student Attendant • - 19 - Article XII - Seniority (continued) • 12.4 In cases where there are promotional series, such as Technician 7, II, III, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 12.5 It is understood that such employees will pick up their former . seniority date 3n any class of positions that they previously held. 12.6 Recall from layoff shall be in inverse order of layoff, except that � recall rights shall expire after two years of layoff. • • - 20 - ��aa� • ARTICLE XIII - EMPLOYEE RECORDS 13. 1 Any member of the bargaining unit may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after fj.rst giving proper notice to the supervisor in custody of such file. 13.2. Any member of the bargaining uni.t may file a grievance or a discrimination complaint and there shall be no retal.iation by the EMPLOYER for such action. , ARTICLE XIV - BULLETIN BOARDS 14. 1 The EMPLOYF.R sha11 provide reasonable bulletin space for use by the UNION in posting notices of UNION business and activities, said bulletin board space shall not be used by the iJNION for political purposes other than UNION elections. Use of this bulletin board is sub�ect to approval of the department head. ARTICI�E XV - WAGES • 15. 1 The wage schedule, f.or purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the � classifications and salary ranges in Appendix "A" does not preclude the employer from the following: 15. 11 Reorganizing 15.12 Abolishing classifications 15. 13 Establishing new classifications 15.14 Regrading classifications 15. 15 Reclassifying positions. Both parties also agree that titles and grades in Appendix A refer to employees in the positions at the date of signing of the AGREEMEPIT. - No employee in this bargaining unit shall suffer any reduction in salary because uf a regrading or reclassification dUring the contract period in which such regrading or reclassification takes place. 1.5.2 Notwithstanding section 15. 1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual k#RA employees and employees of Independent School District No. 625 who receive different pension benefits. • - 21 - ARTICLE XVI - MAINTENANCE OF STANDARDS • 16. 1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard set forth in the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. . • • - 22 - �� . ARTICLE XVII - LEAVES OF ABSENCF. 17. 1. Leave of Absence. After three months' employment, an employee may make application f.or a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250) . 17.2 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 eligible for. sick leave, ' the employee must report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting of sick leave � shall be subject to the terms and provisions of Resolution No. 3?50 of the City of Saint Paul. 17.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. , or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such • sick or disabled persons up to a maximum of eight hours sick leave. 17.4 Leave without Pay. Any employee who engages in active service in time of war or other emergency declared by proper suthority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves o£ absence as are granted under Article XVIII sha].1 conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. � 17.5 Jury Duty. Any employee who is required durin� his regular working hours to appear in court as a juror or. witness except in his own behalf against the Employer, shall be paid his regular pay while he is ' so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the Employer and be deposited with the Employer Business Office. Any employee whe is scheduled to work a shift other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. 17.6 Education Leave. Leave with pay may be granted for education purposes at the option of the Employer. • - 23 - Article XVII - Leaves of Absence (continued) • 17.7 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. 17.8 An employee elected or appointed to a full-time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of • the exclusive representative. 17.9 Parental/Maternity Leave: � 17.9. 1 Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. 17.9.2 Parental leave shall be granted to empl.oyees for the birth or adoption of a child in accordance with applicable state laws. • • - 24 - ��'�aa� ARTICLE XVIII - MILITARY LEAVE OF ABSENCE • 18. 1 Pay Allowance. Any employee who shall be a member of the Nationa] Guard, the Naval Mil.itia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal l.aw, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal. law, shall be entitled to leave of absence from employment � without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is � engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether f.or state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year anc� further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily perf.ormed, which shall be presumed unless the contrary i.s established. Such leave shall not be allowed unless the employee (1) returns to his position immediately upon bein� relieved from such mi].itary or naval service and not later than the expiration of time herein limited for such leave, or (2.) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or. naval • service beyond the time herein limited for such leave. ARTICLE XIX - MANAGEMENT RIGHTS 19. 1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in al.l respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority �ahich the EMPLOYER has not officially abridged, delegated or modified by this Agreement are retained by the EMPLOYER. - 19.2 A public employer is not required to meet and negottate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of + . the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. • ''S - - � ARTICLE XX - DISCIPLINE • 20. 1 The rMPLOYFR wil.l discipline employees for just cause only. Discip].ine will be in the form of: 20. 11 Oral reprimand, 20.12 Written reprimand; 20. 13 Suspension; ?0. 14 Reduction; � 20. 15 Discharge. 20.2 Any written reprimand made concerning any member of this bargaining • unit which is filed with the Personnel Office or within any Er1PL0YER department, shall be shown to the member before it is placed on file. Before the reprimand is placed on file, the EMPLOYER shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 20.3 Suspensions, reductions, and discharges will be in written form. 20,4 Employees and the UNION will receive copies of written reprimands and , notices of suspension and discharge. 20.5 Employees may examine all information in their F,P�iPLOYER personnel • files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 20.6 Discharges will be preceded by a five- (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five- (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with the Civil Service Rules or � ma_y modify or withdraw same. 20. 7 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION � representative be present. 20.8 A grievance relating to this Articl.e shall be processed in accordance � with the grievance procedure in Article VI of this Agreement. Thi_s provision is not i.ntended to abrogate rights of veteran.s pursuant to statute. • - 26 - ��z�� • ARTICLE XXI - VACANCIES 21. 1 The Personnel Office will inform all departments that notice shall be posted of all �ob vacancies in this unit in the department at least five days before appointment of a new employee to the vacancy. ARTICLE XXII - LF.GAL SERVICES 22. 1 Effective May 1, 1988, except in cases of malfeasance in office or willful or wanton neglect of duty, the EMPLOYER shall defend, save , harmless, and indemnify employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omi_ssion occurring in the per.formance or scope of the employee's duti.es. 22.2 Notwithstanding 2?.1, the Employer shall not be responsible for paying any legal service fee or for providing any lega]_ service arising from any legal action where the employee is the plaintiff, ARTICLE XXIII - N� STRIKE, NO LOCKOUT 23. 1 Neither the Union, its officers or agents, nor any of the employees • covered by this Agreement will engage in, encourage, sanction or stipport any strike, or the withholding in whole or in part of the full performance of their duties during the life of this Agreement, except as specifically allowed by the Public Empl.oyment Labor Relations Act. In the event of a violation of this Article, the �mployer will warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his fu11 duties within twenty-four (24) hours of such warning may be subject to the penalties provided in the Pub].ic Employment Labor Relations Act. ?3.2 No lockout, or ref.usal to allow employees to perform available work, shall be instituted hy the Employer and/or its apPointing authorities - during the life of this Agreement. � • - 27 - ARTICLE XXIV - SEVERANCE PAY • 24. 1 The Employer shall provide a severance pay program as set forth in this Article. 24.2 To be eligible for the severance pay program, an employee must meet the following requirements: 24.2. 1 The employee must be 58 years of age or older or must be . eligible for pension under the "rule of 85" or the "rule of . 90" provisions of the Public Employees Retirement Association (PERA). The "rule of 85" or the "rul.e of 90" criteria shall also apply to employees covered by a public • pension plan other than PERA. 2.4.2.2 The empl.oyee must be voluntarily separated from School District employment or liave been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 24.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of • this Articl.e, employment in either the City of Saint PauZ or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. 24.2.4 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 24.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 7_4.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted � severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 24.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. • - 28 - ��r�� • Article XXIV - Severance Pay (continued) 24.5 For the purpose of thi.s severance pay program, a death of an employee shall be considered as separation of employment and, if the employee wou].d have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 24.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint � Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 24.7 The manner of payment of such severance pay stiall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 24.8 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Ylan (which allows $4,000 maximum payment) except in those cases where the specif.ic provisions of this Arti.cle conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control.. 24.9 The provisions of this Article shall be effective as of January • 1, 1984. 24. 10 Any employee hired prior to December 31 , 1983 may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this Ar.ticle or the basic School. District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31 , 1983 sha11 be entitled only to the benefits of this Article upon meeting the qualifications herein. ^ 24. 11 An employee of Independent School. District No. 625 shall not be eligible for the severance pay provision of this Article if such employee is also eligible and a recipient of Early Retirement � Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 14, 1983. • - 29 - ARTICI.E XXV - EMERGE�CY AND TEMPORARY EMPLOYEES • 25. 1 It is recognized that Emergency and Temporary employees are within the unit covered by this AGRF.F.MENT, however, except as specifically provided by this AGREF.MF,NT, emergency and teMporary employees shal.l not have or acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules and/or the Saint Paul Salary Plan and Rates of Compensation. ARTICLE XXVI - NON-DISCRIMINATION � 26. 1 The terms and conditions of this AGREEMENT will be app�ied to employees equally without re�ard to or discrimination for or against - any. individual because of race, color, creed, sex, age or because of membership or non-membership in the UNION. 7_6.2 Fmployees will perform their duties and responsibilities in a non-discriminatory manner as such duties and r.esponsibilities involve other employees and the general public. • • - 30 - ��aa� ARTICLE XXVII - TERMS OF AGREEMENT • 27. 1 Complete Agreement and Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the UNION and the EMPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this � AGREEMENT. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any sub�ect or matter referred to or covered in this AGREEMENT. 27.2 Saving Clause. This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT shall hold to be contrary to law by a court of competent �urisdiction from whose final judgment or decrees no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 27.3 Term of Agreement. This AGREEMENT shall be in full force and effect • from January 1, 1988, through December 31, 1989, and shall automatically be renewed from year to year thereafter unless either party shall notify the other in writing by June 1 that it desires to modify or terminate this AGREEMENT. In witness thereo� the parties have caused this AGREF.MENT to be executed this �_.� day of 1988. 27.4 This constitutes a tentative AGREEMENT between the parties which will be recommer_ded by the School Board Negotiator, but is sub�ect to the approval of the School Board and is also sub�ect to ratification by the UNION. _ WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 LOCAL UNION 1�842, DISTRICT COUNCIL - 14 of the AM��2ICAN FEDERATION OF STATE, COUNTY,`,AND MUNICIPAL EMPLOYEES, AFL-C��O � l BY: �'°" BY: Sch ol Board Neg iator Busi ss Re esen tive �_/ BY: � BY,t'�Z.�.n ,�.��la ; �,.� �1�. • Chairman, Board of Education - 31 - T� - �� rn � � � � N � o0 � H .-� N O N v1 M 1� �--i � O 00 00 � I O 00 �G �O M V1 N �O .--+ tr1 N 1� �/1 O� � u'1 00 O M u1 00 I� O O M • � N o0 Q� O� O� O O O O O �-+ �--� -� l .-� .� .� .-� .-a ..r � .-r � 00 I� �O O� 00 �/1 �G M N O� O O 1` 3a � �-+ N O N U1 M I��.-� � O 0� 00 �! 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