99-28Council File # °� � ��
0�(G1NAL
Presented
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 62417
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Referred To Committee Date
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Office of Labor Relations
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Form App oved by Ci ttorney
By: �� e '�/� b�r��. ��
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
July 1, 1998 through June 30, 2000 Employment Agreement beriveen the Independent School Dishict
No. 625, Saint Paul Public Schools, and International Union of Operating Engineers Local No. 70,
Exclusive Representative for Custodians.
Adopted by Council:
Adoption Certified by Council
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Requested by Depaztment of:
Approved by Mayor Date �-l�r�t� � � � � � �
By: <� �r 1�'1, �
UII / wI`�R �.�"
DEPARTMENT/OFFICE/COUNCII.: DATE INITfATED GREEN SHEET No.: 62417 � 1�`� �
LABOR RELAT'IONS 12/28/98
CONTACI' PERSON & PHONE: q �77A1/DATE IN177AL/DwTE
7ULIE KRAUS 266-6513 �I� 1 DEPARTMEN'P DIR _�El�. 4 CITY COUNCIL
NUIygEg 2 C1TY A7TORNEY < ^� CITY CLERK
MIJST BE ON COUNCII. AGENDA BY (DATE) FOR BUDGEf DIIt FiN. & MG7. SERVICE DIR
ROUTING 3 MAYOR (OR ASST.) �
ORDER �� ���
TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATIONS FOR SIGNATURE)
ncnox xeQUESrEn: This resolution approves the July 1,1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and International Union of Operating
Engineers Local No. 70, Exclusive Representative for Custodians.
RECOhIIr1ENDAITONS: Approve (A) or Reject (R) PERSONAI, SERVICE COIVTRACPS M[JST ANSFVER 1TIE FOLLOWING �
QUESCIONS:
PLANNING CO1vIIvIISSION CIVIL SERVICE COM[.4SSION 1. Has this persodfum ever worked under a wntract for rt�is depaztment?
CTB COMA9TTEE Yes No
STAFF 2. Has tlus peaon/ficm ever ban a city employee?
DISIRICT COURT Yes No
SUPPORTS WFIICA COUNCIL OBlEC77VE? 3. Dces this pecsodfirtn possess a skill not no=mally possessed by azry cwrent city employee?
Ya No
Ezplain sli yes answers oo sepante s6eet and attsch to green s6eet
INTTIA7'ING PROBLEM, ISSUE, OPPORTUNITY (R'ho, What, W6en, Where, Why):
ADVANTAGES IF APPROVED: �'.;4 q°`LLi3 ii. C�:�••� '�,' ^"!;� ;a
This resolution pertains to Boazd of Education employees only.
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DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION: COST/REVENOE BUDGETED:
EUNDING SOURCE: AC77VITYNUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
RECEIVEQ
DEC 3 0 1998
�iAYOR'S OFFICk
INDEPENDENT SCHOOI DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: September 22 1998
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ToP�C: Approval ofi Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schools, and Intemational Union of Operating
Engineers, Local No. 70, Exclusive Representative for Custodians
A. PERTINENT FACTS:
1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000.
2. Contract changes are as follows:
Waaes: Effective July 4, 1998, the salary schedule rates will be increased an average of
2.5%.
Effective July 3, 1999, the salary schedufe rates will be increased an average of 2.35%.
• Insurance: Increase the insurance premium contributions by the District from the current
insurance caps of $195 for single coverage and $330 for family coverage as follows:
Sinqle Familv
Effective January 1, 1999 $205.00 $375.00
Effective January 1, 2000 $220.00 $395.00
Effective January 1, 1999, full-time employees who are married to another District
employee and who are covered under their spouseis health plan may waive the single or
family contribution to health insurance and receive up to $150 per month toward their
spouseis family premium. This is consistent with other District contracts.
• Retiree Heaith Insurance: Language revised, removing options that created a tax liability
for employees.
• Severance Pav: Employees who retire and meet eligibility requirements will receive $65
per day for unused, accumulated sick leave up to a maximum of $15,000. This replaces
all previous severance pay plans.
• Holidavs: The Columbus Day holiday is deleted and replaced with the Day After
Thanksgiving. Veterans Day is converted to a vacation day. The eligibility language is
revised to be consistent with other contracts. These changes streamline the leave system
by aligning the leave system with the organizational calendar and reducing payroll
processing time.
• Trainina: The Memorandum of Understanding regarding training tor Custodial Engi�eers
will be extended through June 30, 2000.
3. The District has 269 regular employees in this bargaining unit.
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Approval of Employment for Custodians
September 22, 1998
Page Two
4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim
6cecutive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement and Memorandum of Understanding concerning the terms and conditions of
employment of those employees in this school district for whom Internationai Union of Operating
Engineers, Local No. 70, is the exclusive representative; duration of said Agreement and
Memorandum of Understanding is for the period of July 1, 1998 through June 30, 2000.
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1998 - 2000
LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
and
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INTERNATIONAL UNION OF
OPERATlNG ENGINEERS
LOCAL 70
Term: July 1, 1998 through June 30, 2000
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� Saint Paul Public Schools
L/ F E L O N G L E A R N/ N G
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� Saint Paul Public Schools
L/ F E L O N G L E A R N/ N G
SAINT PAUL PUBL(C SCHOOLS
Independent School District No. 625
Board of Education
Mary Thornton Phillips - Chair
Greg Filice - Vice Chair
Gilbert de la O- Clerk
Neal Thao - Treasurer
Tom Conlon - Director
Becky Montgomery - Director
AI Oertwig - Director
Administration
William A. Larson -
Maureen A. Flanagan -
Luz Maria Serrano -
Lois M. Rockney -
Cy R. Yusten -
Interim Superintendent of Schools
Executive Assistant
Superintendent of Schools
Interim Assistani Superintendent
Accountability, Technology
and Support Services
Interim Executive Director
Fiscal Affairs and Operations
Assistant Superintendent
Teaching and Learning
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TABLE OF CONTENTS
TITLE
PAGE
Preamble............................................................................................................... iv
Recog nition .............................................................................................................1
Defi n itions ............................................................�--................................................1
UnionRights ..............................................................�--..........................................2
ManagementRights ...............................................................................................3
TemporaryEmployment .........................................................................................4
Seniority.................................................................................................................. 6
Vacatio n ................................................................................................................10
Holidays ................................................................................................................11
Hours and Premium Pay ......................................................................................12
Working Out of Classification .............................�-�--.............................................13
Supervisory Assignment .......................................................................................13
Uniforms ...............................................................................................................14
Leaves of Absence ...............................................................................................15
Military Leave of Absence ....................................................................................18
CourtDuty ............................................................................................................18
WageSchedule ....................................................................................................18
EmployeeBenefits ................................................................................................19
Mileage.................................................................................................................24
SeverancePay .....................................................................................................24
Discipline..............................................................................................................25
Grievance Procedure ............................................................................................26
Strikes, Lockouts, Work Interference ...................................................................28
Nondiscrimination.................................................................................................28
Terms of Agreement ............................................................................................29
AppendixA: W ages ...........................................................................................30
Appendix B: Equa{ization of Overtime ................................................................32
Appendix C: Engineer2-5 Bidding .....................................................................34
In d ex ..................................................................................................................... 36
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PREAMBLE
This Agreement is by and between independent School District No. 625 and Local Union
No. 70, International Union Of Operating Engineers, AFL-CIO.
This Agreement has been entered into between Independent School District No.625,
hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating
Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the
promotion of harmonious relations between the Employer and the Union, the establishment of an
equitable and peaceful procedure for the resolution of differences and the establishment of rates
of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge
that they shall pursue the above objectives in full compliance with the requirements of the Public
Employment Labor Relations Act of the State of Minnesota of 1971, as amended.
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ARTICLE 1. RECOGNITION
• 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, 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 under Case No. 73-PR-449-A, as amended, to read as follows:
All regular, probationary, and provisional engineering and building maintenance
personnel who are employed by Independent School District No. 625, and whose
employment service exceeds the lesser of 14 (fourteen) hours per week or thirty-
five percent (35%) of the normal workweek and more than sixty-seven (67)
workdays per year in the following classifications:
Custodian-E�gineer 5, Board of Education,
Custodian-Engineer 4, Board of Education,
Custodian-Engineer 3, Board of Education,
Custodian-Engineer 2, Board of Education,
Custodian-Engineer 1, Board of Education,
Facility Services W orker,
Trainee (Custodian-Engineer)
Custodian',
Custodial Worker*;
excluding supervisory, managerial, clerical, confidential, and temporary
employees, those exclusively represented by other labor or employee
organizations, and all other employees.
12 The parties agree that any new classifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall be
� recognized as a part of this bargaining unit, and the parties shall take all steps required
under the Public Employment Relations Act to accomplish said objective.
1.3 Temporary employees are recognized as within the unit covered by this Agreement,
however, except as specifically provided by this Agreement (see Article 4), temporary
employees shall not have nor acquire any rights or benefits other than specifically
provided by the provisions of the Civil Service Rules.
ARTICLE 2. DEFINITIONS
2.1 Collective Barqaininq. The Employer will bargain collectively with the Union with respect
to rates of pay, hours, and other conditions pertaining to employment for all of the
employees in the unit fiereinbefore set forth.
22 Maintenance of Standards. The Employer agrees that all 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 (Resolution No. 3250), at the time of the
signing of this Agreement, and the conditions of employment shall be improved wherever
specific provisions for improvement are made elsewhere in this Agreement.
2.3 Discrimination. The Employer will not interfere with, restrain or coerce the employees
covered by this Agreement because of inembership in or activity on behalf of the Union.
The Employer will not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any employee covered by this Agreement because of
membership in or activity on behalf of the Union, nor will it discourage or attempt to
• discourage membership in the Union, or attempt to encourage membership in another
Union.
*Abolished except as to present incumbents.
ARTICLE 3. UNION RIGHTS
3.1 The Union may designate employees within the bargaining unit to serve as Union
Stewards and shall be required to administer this Agreement.
3.2 The Union shall furnish the Employer and appropriate department heads and District
Negotiator with a list of Stewards and alternates, and shall, as soon as possibie, notify
said appropriate District officials in writing of any changes thereto. Only those who are
Officers and Stewards shall be recognized by the Employer for the purpose of ineetings.
3.3 There shall be no deduction from the pay of a Steward when directly involved in meetings
with management relating to the administration of this Agreement during working hours.
3.4 Designated Union representatives shall be permitted to visit employees on job sites and
at department buildings during working hours for the purpose of the administration of this
contract, so long as the Union representative does not interfere with the completion of the
employees' job duties.
3.5 Shop Steward. The Chief Steward or Assistant Chief Steward in the District will be
allowed to accompany an employee to meet with the Employer during regular working
hours for the purpose of grievance review and dispute resolution involving employees,
under the following conditions:
3.5.1
3.52
3.5.3
3.5.4
3.5.5
That only one employee from any one department be allowed to leave his/her
work.
That stewards will attend these meetings on their own time when they are held
outside of regular working hours.
That adequate notice is given to the supervisors so that permission may be
obtained from the Facility Operations Office.
That the steward has officially been designated as such by the Union.
Only the chief or assistant chief steward shall be excused for participation in
grievance and/or dispute resolution meetings.
3.6 A maximum total of eighty (80) hours without loss of pay per contract term will be ailowed
for the combined use of a maximum of four (4) shop stewards to participate in contract
negotiations, mediation, or arbitration meetings which are held during the regular working
hours of any of the stewatds. It is understood that Union and the Employer will, to the
greatest extent possible and reasonable, schedule such meetings outside regular
working hours, and stewards will attend the meetings when this is the case on their own
time.
3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay
for one (1) week to attend such convention. Vacation or compensatory time may be used
for this purpose. The Union shall give at least ten (10) working days' advance notice of
the employees who will be participating in such conventions.
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ARTICLE 3. UNION RIGHTS (continued)
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• 3.8 Dues, Fair Share
3.8.1 Dues. 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 Employer by a representative of the Union
and the aggregate deductions of alI employees shall be remitted together with
an itemized statement to the representative by the first of the succeeding month
after such deductions are made or as soon thereafter as is possible.
3.82 Fair Share. Any present or future employee who is not a Union member shall
be required to contribute a fair share fee for services rendered by the Union.
Upon notification by the Union, the Employer shall check off said fee from the
earnings of the employee and transmit the same to the Union. In no instance
shall the required contribution exceed a pro rata share of the specific expenses
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.
3.8.3 The Union will indemnify, defend, and hold the Employer harmless against any
claims made and against any suits instituted against the District, its officers or
employees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The District will indemnify, defend, and hold the
� Union harmless against any claims made and against any suits instituted
against the Union, its officers or employees by reason of negligence on the part
of the Employer in making or fonvarding deductions under this Article.
3.8.4 The Employer will notify the Union in writing of all new employees covered by
this Agreement wiihin a reasonable time period of the employee's first day of
work. The Employer will notify the Union at regular intervals regarding
employee status changes, including unpaid leave, promotion, demotion,
resignation, layoff, and/or retirement.
ARTICLE 4. MAfVAGEMENT RIGHTS
4.1 The Union recognizes the right of the Employer to operate and manage its affairs in all
respects in accordance with applicable laws and regulations of appropriate authorities.
The rights and authority which the Employer has not officially abridged, delegated or
modified by this Agreement are retained by the Employer.
4.2 A public employer is not required to meet and negotiate on matters of inherent managerial
policy, which include, but are not limited to, such areas of discretion or policy as the
functions and programs of the Employer, its overall budget, utilization of technology, and
organizational structure and selection and direction and number of personnel.
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ARTICLE 5. TEMPORARY EMPLOYMENT
The District and Union acknowledge three types of temporary employment: Casual Service, •
Short-term Service, and Extended Service. All persons employed in any temporary status or any
eutension of temporary service must knowingly consent to such extension and complete a
Temporary Employment Certification Form acknowledging the temporary nature of the
assignment. All persons employed in any temporary status will be members of the bargaining unit ,
following the completion of sixty-seven (67) workdays, and have the terms and conditions of
employment set forth in this Articfe. An extension ot temporary assig�ment dces not create any
continuing employment rights for the temporary employee.
5.1 Casual Service Temporarv Emplovment
Casual service temporary employment will be characterized by assignments that are less
than sixty-seven (67) days in duration, and the terms and conditions of employment are
established solely by the Employer. These are not positions covered by the bargaining
unit. Work assignments will typically be overflow work which serves as an extension of,
and not a replacement for, the normal workforce of regular employees.
52 Short-Term Temporarv Emplovment
5.2.1 Short-term temporary employment will be characterized by an initial
empioyment assignment for up to 1,040 hours. One extension for up to an
additional i hours will be permitted. A copy of the completed Temporary
Employment Certification Form signed at the time of the extension will be sent
to the Union.
5.2.2 Short-term temporary employees will be paid at the current minimum hourly �
rate in Appendix A for the job class hired.
5.2.3 Short-term temporary employees will receive paid time off for the named
holidays in Article 8.
52.4 There shall be no other access to contractual benefits except as specifically
stated in 5.2.3 above.
5.2.5 Short-term temporary employment work assignments typically will serve as
short-term replacements for positions normally filled by regular employees.
5.2.6 Such assignments will normally be to cover for the following conditions:
a) regular employees on paid leave,
b) regular employees on non-compensatory leaves with guaranteed
return,
c) vacancies in job classes where there is no list of eligible candidates
in place from which to make regular appointments,
d) positions that are of specific limited duration of less than twelve (12)
months in duration,
e) other similar assignments.
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ARTICLE 5. TEMPORARY EMPLOYMENT (continued)
• 5.3 Extended Service Temporarv Emplovment
Extended service temporary employment will be characterized by temporary employment
which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature.
5.3.1 If the District determines the assignment for a short-term temporary employee
must be extended beyond 2,080 hours, the assignment will be considered an
extended service temporary assignment.
5.3.1.1 The District, Union and temporary employee must agree to any short-
term temporary employment that is to be extended beyond 2,080
hours.
5.3.12 The District, Union and temporary employee will sign the Temporary
Employment Certification Form acknowledging the temporary nature
of the assignment.
5.3.1.3 Upon agreement, the temporary employee will be considered an
extended service temporary employee.
5.32 Extended service temporary employees will be paid at the current minimum
hourly rate in Appendix A for the job class hired.
5.3.3 Extended service temporary employees will have access to contractual benefits
as described in 5.3.3.1 through 5.3.3.4 below. The benefits in 5.3.3.1 through
� 5.3.3.4 will be effective the first full pay period after the completion of the first
2,080 hours in temporary status and after the signing of the Temporary
Employment Certification Form.
5.3.3.1 Paid sick leave time shall begin to accrue for all hours on the payroll,
based on a formula of .0576 hours time earned for each straight-time
hour on the payroll. Maximum accrual allowed is 200 hours. There
is no exchange of accrued unused sick leave for cash payment.
5.3.32 Paid personal leave time shall begin to accrue (as vacation), for all
hours on the payroll, based on a formula of .0385 hours time earned
for each straight-time hour on the payroll.
5.3.3.3 The employee shall have access to paid holidays as provided in the
labor agreement in Article 8, Section 8.5.
5.3.3.4 The employee shall be eligible for participation in and Employer
contribution to health care coverage and life insurance coverage as
provided for active regular employees in Article 17, Section 1.
Temporary employees will be required to contact the Benefits Office
to apply for appropriate benefits. No access or benefit beyond these
specified sections is granted or created or intended or implied. Any
cost of any premium for any District-offered employee or family
insurance coverage in excess of the specified District maximum
contribution limits shall be paid by the employee via payroll
deduction.
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ARTICLE 5. TEMPORARY EMPLOYMENT (continued) _
5.3.4 There shali be no other access to contractuai benefits except those specifically •
stated in 5.3.3 above.
5.3.5 An extended service temporary employee who, through the appropriate merit
based examination procedures, becomes employed as a regular employee
covered by this Agreement during the period of Extended Service Temporary
Employment shall have his/her period of temporary employment in excess of
the initial 1,040 hours recognized toward completion of the probationary service
requirement in the regular appointment.
5.4 None of the provisions of this Article shail have any retroactive effect for any employee in
any temporary employment status prior to the effective date of this Article, July 1, 1993.
5.5 No access to continuing employment is created or intended by any provisions of this
Article.
ARTICLE 6. SENIORITY
6.1 General Class Senioritv. Class seniority shall be determined based on the continuous
length of probationary and regular service with the Employer (Independent School District
No. 625, Saint Paul Public Schools) from the date the employee was first appointed to a �
job class covered by this Agreement. Class seniority shall be understood to be on an
Employer-wide (District-wide) basis within each job class unless expressly stated
othenvise. In cases where two or more employees are appointed to the same class titie
on the same date, the seniority shall be determined by the employee's rank on the eligible
list from which certification was made.
6.1.1 It is further understood that only time worked for the Employer (Saint Paul
Public Schools) shall be considered for the purpose of seniority calculations.
The only exception is for regular employees currentiy empioyed by the
Employer as of July 1, 1993, who have accrued time in a job class represented
by the Union in service with the City of Saint Paul prior to July 1, 1993. For
those regular employees, the time in such job class with the City of Saint Paui
will continue to be considered as time with the Employer. If, however, the
employee has a break in employment with the Employer, (i.e., termination,
resignation, retirement) thereafter, if re-employed, only the time following the
employee's subsequent rehire to the Employer will be considered for purpose of
seniority calculation.
6.1.2 An unsuccessful completion of probationary period for a position with the City of
Saint Paul by any employee covered by this Agreement shall not be considered
a break in employment with the Employer. A successful completion of
probationary period for a position with the City of Saint Paul by any employee
covered by this Agreement shall be considered a break in employment with the
Employer.
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ARTICLE 6. SENIORITY (continued) 4( a �� O
• 6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer
determines that it is necessary to reduce the workforce, employees will be laid off in
inverse order of class seniority in the job class from which the reduction is to occur. The
Employer must terminate the employment of all temporary and provisional employees in
that job class before any regular employee in that job class is laid off.
6.3 Class Senioritv Determination For Placemeni Followinq A Workforce Reduction. For
purposes of this Section, the job classes covered by this Agreement (excluding
Custodian-Engineer Trainee and abolished job classes) shall be considered one job class
series. The job class with the highest rate of pay shown in Appendix A shall be the
highest level job class i� the series. The job class with the next highest rate of pay shown
in Appendix A shall be the next highest level job class in the series, and so on down to the
last job class. When the number of employees in higher level job classes is to be
reduced, employees will be offered reductions to the next highest level job class, whether
or not the employee previously was appointed to such job class, in which class seniority
would keep the employee from being laid off.
It is understood that an employee being reduced shall have that employee's class
seniority in his/her current job class (and any appropriate class seniority in any lower level
job class that the employee previously held) used to determine rights to positions at the
time of the reduction. Thereby, employees whose positions are to be reduced shall have
the right to displace empfoyees with less class seniority in that job class. The employee
with the least class seniority in the job class shall then be reduced to the next lowest title
for which the employee has more senioriry than the least senior employee in that job
class. Employees being reduced shall not have the ability to reduce to abolished job
classes shown in Appendix A, unless the employee was previously appointed to such job
� class, has no breaks in employment since appointed to such job class, and there remain
employees actively employed in that job class at the time of the layoff.
6.4 Recall From Workforce Reductions Recall from workforce reduction shall be in order of
class seniority within the job class from which the layoff occurred. However, recall rights
shall expire after two (2) years from the date of the layoff.
6.5 Class Senioritv Determination Followinq Voluntarv Reduction. In the event that an
employee requests a voluntary reduction to a lower level job class, and such request is
approved by the Human Resource Department for the Employer, then the empfoyee's
class seniority in the job class to which the employee is being reduced shall be the
continuous length of probationary and regular service with the Employer from the date the
employee was first appointed to the job class in this Agreement to which the employee will
be reduced (this would also include any continuous service time in higher level job
classes covered by this Agreement). If the employee is reduced to a lower level job class
not previously held, then the employee's class seniority in the job class to which the
employee is being reduced shall be the continuous length of probationary and regular
service with the Employer from the date the employee was first appointed to any higher
level job class covered by this Agreement.
Voluntary reductions will only be approved if the reduction is to a vacant position in a
lower level job class. It is understood that the employee will have no reinstatement rights
back to the former higher level job class following the voluntary reduction. If the
employee is reappointed to the higher level job class through the appropriate testing and
selection procedures, then the employee's class seniority in that job class will begin as if
newly appointed to that jo6 class. No employee will have the ability to voluntarily reduce
to any of the abolished job classes shown in Appendix A.
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ARTICLE 6. SENIORITY (continued)
6.6 Senioritv For Biddinq On Location
6.6.1 Biddinq For Location. Annually, after the beginning of the school year, the
Office of Facility Operations will post a listing of vacant positions in the job
classes Custodian, Facility Services Worker, and Custodian-Engineer 1, with
the locations of the vacancies. Employees who have been certified and
appointed to one of the above listed job classes may bid for an assignment in
that same job class at a different location shown on the posting. Bids for
assignments will be honored in order of class seniority in that job class
providing the employee is qualified for the assignment. No other positions are
posted for bid. Vacancies in new buildings will be open to bidding only by
employees who have had satisfactory or higher performance ratings for at least
the preceding year. Custodian-Engineer 1 vacancies in new buildings will be
listed only to allow employees in that job class to express interest in being
considered by submitting a letter to the department head.
a) Additional vacancies in the specified job classes during the school year will
be similarly posted for bidding at least four (4) additional times during the
year, if there are appropriate vacancies available.
b) An empioyee who has been reassigned as a result of the bidding process is
not eligible for any further bidding for at least one (1) year. An employee
whose shift is changed significantly on a permanent basis, or whose shift is
changed from a daily assignment at one location to more than one location,
may bid once again in the same year.
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c) Nothing in this provision shall be construed to limit the right of the Employer
to transfer an employee to another location without bidding if there is �
reason to do so.
6.62 W hen there is a reduction in the number of positions in a job class at a specific
building, but the overall number of oositions in the iob class District-wide has
not been reduced, then classification seniority applied District-wide will be used
to determine who is transferred out of that building.
6.6.3 If any fuli-time employee's position at a specific building is eliminated and/or
changed to require the employee be scheduled to regularly perform work in two
buildings, the newly assigned employee will:
a) Have the employee's class seniority recognized in the second building(s).
b) Have the employee's class seniority recognized in the new building(s) and
may use such class seniority in the new building(s) assignment for purpose
of displacing the employee with the least class seniority in the same
classification from that employee's scheduled shift, providing the newly
assigned empioyee has more class seniority than the employee being
displaced. Full-time employees may not displace part-time employees, and
part-time employees may not displace full-time employees.
c) Retain the right to reclaim that empioyee's original position in the first
location should it reopen in the next thirteen (13) months, provided the
employee has not accepted a position through any bid process.
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'`�-7_g ��
6.6.4 A full-time employee whose position is eliminated and who is assigned to a
`floate�' assignment in the employee's job class, at that time, shall have the
right to displace the least senior employee in the same job class who holds a
building assignment. If a"floate�' position remains as an available vacancy, the
displaced least senior employee can be reassigned to a"floate�' position in the
same job class.
A full-time employee whose position is eliminated and who is placed in an
assignment in the empfoyee's job class that is more than two (2) hours ditferent
than the shift assignment prior to the position elimination, at that time, shall
have the right to displace the least senior employee in the same job class who
holds a shift assignment that is within two (2) hours of the shift assignment prior
to the position elimination. If a"floater' position remains as an available
vacancy, the displaced least senior employee can be reassigned a"floate�'
position in the same job class.
ARTICLE 6. SENIORITY (continued)
6.7
Senioritv For Shift Selection
6.7.1 All shifts and work areas are determined by the Employer. Nothing in this
Section 6.7. should be construed to limit the right of the Employer (department
head or designee) to change an employee to another shift or work area if there
is reason to do so.
6.7.2 There is no building seniority status for the purpose of bidding on locations or
shifts.
6.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by
� the Employer, and is planned to continue for more than thirty (30) working days,
ten shift assignment for employees in that building in the classification of the
adjusted shift shall be re-bid. Class seniority shall be the determining factor, so
long as the employee is qualified and able to perform the duties of the
assignment.
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6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in
the building. Plant Planning and Maintenance will review and determine any
schedule or classification change, and whether the vacancy will be filled. If the
vacancy is to be filled, the position will then be offered for location bid pursuant
to Section 6.6.1 of this Article.
6.7.5 When a shift change of more than four (4) hours occurs in a position or several
positions, then the position(s) shall be offered for bid pursuant to 6.6.1 of this
Article. An employee displaced by the re-bid shall be eligible to bid for any
other vacancy in that year even if the employee had successfully bid earlier in
the same year prior to being displaced.
Senioritv Termination. All seniority shall terminate when an employee retires, resigns or is
terminated.
Senioritv Consolidation. Effect(ve August 1, 1993, the job classes Custodian' and Facility
Services Worker will be treated as a single job class for purposes of:
6.9.1
6.9.2
6.9.3
6.9.4
Layoff and recall rights determination, except for the limitations on rights to
abolished titles as described in 6.3 of this Article.
Bidding on work location as described in 6.6 of this Article
Bidding on shift selection within a location as described in 6.7 of this Article.
Job assignment as determined by the Employer within any location .
ARTICLE 7. VACATION
7.1
Vacation credits shall accumulate at the rates shown beiow for each full hour on the
payroll, excluding overtime.
Years of Service
7.2
tstthrough 4th year
5th through 9th year
10th through 15th year
16th year through 23rd year
24th year and thereafter
Calculations are based on 2,080 hour work year and shall be rounded off to the nearest
hour.
Annual Hours
of Vacation
Earned Per
Hour on Pavroll
.0500
.0692
.0769
.0923
.1115
Annual
Hours
Earned
104
144
160
192
232
Days
Earned
13
18
20
24
29
An employee may carry over into the next "calendar" year up to one hundred sixty (160)
hours of vacation.
7.3 All vacation time shall be approved by the department head. Upon separation from
service, if employee has provided ten (10) calendar days' notice to the Employer in
writing, any unused, accrued vacation shall be paid at the employee's current rate of pay.
If an employee has been granted more vacation than the employee has earned up to the
time of separation from service, the employee shall reimburse the District for such
unearned vacation at the employee's current rate of pay. If an employee is separated
from service by reason of discharge, retirement or death, the employee shall be paid for
any unused, accrued vacation earned up to ihe time of such separation.
7.4 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a total of forty [40] hours) in any year.
7.4.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as described in Article 19.
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� �. °
ARTICLE 8. HOLIDAYS � � ? �
• 8.1 Holidavs Recoqnized and Observed. The following days shall be recognized and
observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible employees 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.
For those employees assigned to a work week other than Monday through Friday the
following language shall apply. W henever any of the holidays listed above fall on the first
day of an employee's two (2) consecutive days off following that employee's normal work
week, the last day of the employee's normal work week preceding the holiday will be
observed as the holiday. Whenever any of the holidays listed above fall on the second
day of the employee's two (2) consecutive days off following that employee's normal work
week, the first day of the employee's normal work week following the holiday wiil be
� observed as the holiday.
8.2 Eliqibilitv Requirements. "To be eligible for holiday pay, employees must have been
compensated on the payroll (i.e., hourly pay, vacation, sick leave) for all scheduled hours
of their last scheduled workday before the holiday or for work on the holiday.
8.3 If an employee entitled to a holiday is required to work on Martin Luther King, Jr. Day or
Presidents' Day, he/she shall be granted another day off with pay in lieu thereof as soon
thereafter as is reasonable; the specific date shall be determined by agreement between
the employee and the operations coordinator, subject to approval of the department head;
�
He/she shall be paid on a straight-time basis for such hours worked, in addition to his/her
regular holiday pay.
If an employee entitled to a holiday is required to work on New Yea�'s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving or Christmas
Day, he/she shall be recompensed for work done on this day by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis or such hours worked, in addition to the regular holiday pay.
8.4 Notwithstanding Article 8.2, a temporary employee shall be eligible for holiday pay only
after such employee has been employed as a temporary employee for sixty-seven (67)
consecutive workdays.
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ARTICLE 9. HOURS AND PREMIUM PAY
9.1 Definitions. The purpose of this Section is to provide a basis for computation of straight �
time, overtime, and other wage calculations, and nothing in this Articie shall be construed
as a guarantee or commitment by the Employer to any individual employee of a minimum
or maximum number of hours of work.
9.1.1 Week. A week shall consist of seven (7) consecutive days beginning at 12:01
A.M. on Monday and ending at 12:00 midnight the following Sunday.
9.12 �. A day shall consist of twenty-four (24) consecutive hours beginning at
12:01 A.M. at the start of a calendar day and ending at midnight of that day.
9.1.3 Normal Work Schedule. The normal work schedule for employees covered by
this Agreement shall consist of forty (40) hours or work scheduled on five (5)
consecutive eight (8) hour workdays. The department head, with the
concurrence of the Union, may modify the work schedule to consist of forty (40)
hours of work scheduled on four (4) consecutive ten (10) hour workdays. The
hours worked in a day shall be consecutive excluding any unpaid lunch period
scheduled during the employee's assigned workday. The unpaid lunch period
may not exceed one (1) hour in length.
92 Cali-in Pav. When an employee is called to work, the employee shall receive two (2)
hours of pay at the employee's normal hourly pay rate if the employee reports to work as
called and is then not put to work. If the employee is called to work and commences
work, the employee shall be guaranteed four (4) hours of pay at the employee's normal
hourly pay rate. These provisions, however, shall not be effective when work is unable to
proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to any person whose regularly-scheduled workday is less than
four (4) hours per day. •
9.3 Premium Pav for Shift Differential. Effective March 4 1995. Any employee who works on
a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differentiai for
the entire shift. The shift differential shall be five percent (5%) of the base rate. If an
employee requests a day shift (starting at or before 1 p.m.) and that request is granted,
the empioyee will not receive night shift differential for any day shift worked.
9.4 Special Dutv Pav. Employees assigned to work in the speciai duty category of custodial
worker shall be paid at ninety percent (90%) of the rate paid for positions in the
Custodian* job class.
9.5 Lonqevitv Pav. Employees who have completed twenty (20) full-time equivalent years of
service with the Employer shall receive an additional $.15 (15¢) per hour above the
normal hourly rate of pay.
9.6 Overtime. Work performed in excess of forty (40) hours of work in a normal work
schedule or eight (8) hours of work in a normal workday will be considered overtime.
Overtime work shali be done only by order of the department head. Overtime shall be
paid at the rate of one and one-half (1-1/2) times the employee's current hourly pay rate
including applicable shift differential or premiums. Employees assigned to work on four
(4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of
ten (70) hours in the workday.
The overtime compensation due the employee shall be paid at the rate herein cited, or by
granting compensatory time on a time and one-half basis if mutually agreed to by the
District and the employee.
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ARTICLE 9. HOURS AND PREMIUM PAY (continued) i ��
• 9.7 Equalization of Overtime. The purpose of this Subdivision is to state clearly the intent of
the parties regarding procedures which will be used to caii and/or assign empioyees in the
unit for overtime work during the term of the 1998-2000 Labor Agreement. See Appendix
B for language.
These procedures shall become effective beginning with the first full month after the
Board of Education adoption of the 1998-2000 Labor Agreement. Renewal, revision, or
continuation of these provisions will occur oniy if the parties so agree. Absent such
agreement, the provisions of this Appendix B terminate June 30, 2000.
ARTICLE 10. WORKING OUT OF CLASSIFICATION
10.1 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 from ihe employee's regular position, and which is in a classification
higher than the classification held by such employee.
102 The Employer shall avoid, whenever possibie, 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 shall receive
� the rate of pay for the out-of-class assignment in a higher classification beginning on the
sixteen (16th) consecutive working day of such assignment. The rate of pay for an
approved out-of-class assignment shall be the same rate the employee would receive if
such employee received a regular appointment to the higher ciassification.
10.3 An employee who otherwise would receive a shift differential shall not lose the shift
differential during any portion of the out-of-class assignment prior to being paid the rate of
pay for the higher classification.
10.4 The provisions of the 1996-98 contract Article 14.1.2 are effective July 1, 1998 through
September 22, 1998.
ARTICLE 11. SUPERVISORY ASSIGNMENT
11.1 An engineer who is assigned to supervise other employees will be at least one title higher
in the series than the employees he/she supervises.
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ARTICLE 12. UNIFORMS
12.1 Employees in this bargaining unit are required to wear uniforms when on duty. Uniforms •
will be supplied as follows:
The District will initially provide each employee (or newly appointed empioyee) with five (5)
shirts or five (5) smocks. Each year thereafter, the District will provide employees with
three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested
and received the initial five (5) shir[s or five (5) smocks prior to implementation of this
provision will be considered already initially supplied.
122 Uniform shirts will be worn at all times when school is in session including summer
school, and/or whenever the school building or site is scheduled through usual
procedures for use by the public. During school vacation periods the uniform shirt will be
optional. However, for employees who choose to not wear the uniform shirt during school
vacation periods, the standard dress rules are in effect. Uniform shirts are to be worn
only while at work, and en route. The employee is not to wear the uniform shirt during
personal events and activities, work outside the School District, or incidental stops at
places selling on-sale liquor, or other such places not consistent with the image of the
School District.
12.3 Each employee is responsible for laundering, pressing, and making minor repairs, such
as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair
during the course of duty, it will be repiaced at no cost to the employee when the
damaged shirt is returned to the District. Normal wear will not be considered for
replacement except through the annual cycle. The District will attempt to provide the
replacement shirts at the beginning of each school year.
12.4 Safetv Shoes. The District agrees to pay thirty dollars ($30) per year toward the cost of ,
safety shoes required by the Employer and purchased by an employee who is a member
of this unit, under the following conditions:
12.4.1 The District shall contribute toward the cost of one (1) pair of shoes per
contract year and shall not be responsible for any additionai cost of any
additional shoes hereafter.
t2.42 This reimbursement of thirty doilars ($30} shafl be made only after verification
of expenditure and approval by the Department head or designated supervisor
of the employee.
12.4.3 This thirty dollars ($30) Employer contribution shall apply only to those
employees who are required to wear protective shoes or boots by the
Employer, and the contribution shall not exceed the actual cost of such shoes
or boots.
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•
ARTICLE 13. LEAVES OF ABSENCE
�, �,. _ � 8
13.1 Leave of Absence. After three (3) months of employment, an employee may make
application for a leave of absence without pay or employer-paid benefits not to exceed
one (1) year. Requests for Ieave of absence shall be submitted to the Human Resource
Department for consideration not less than sixty (60) days prior to the requested date of
the leave. Granting of such leaves will be subject to the operational needs and approval
of the Employer.
13.2 Sick Leave. Sick leave shall accumulate for regularly appointed employees at the rate
of .0576 of a working hour for each full hour on the payroll, excluding overtime. In no
case shall sick leave with pay be granted in anticipation of any future accumulation. Sick
leave accumulation is unlimited. To be eligible for sick leave, the employee must call
his/her supervisor to report the illness as described in 13.5 of this Article.
13.3 Usino Sick Leave Credits. Any employee who has accumulated sick leave credits as
provided above shall be granted leave with pay for such time as the appointing supervisor
deems necessary for any of the following reasons:
13.3.1
13.3.2
Sickness or injury of the employee.
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.
13.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the
supervisor in the event of death of the employee's brother-in-law, sister-in-law,
stepparent, stepchild, stepbrother, or stepsister.
�
13.4 Employees may be granted sick leave for such time as is actuaily necessary for the
following:
13.4.1
13.4.2
Office visits to physicians, dentists, or other health care personnel.
In the case of sudden sickness or disability of a household member, up to four
(4) hours for any one instance.
13.4.3 Up to three (3) days of accumulated sick leave may be used in a contract year
to allow the employee to provide necessary care for the serious or critical
iliness of a spouse, or dependent parent. These days when used are
deductible from sick leave, and verification of iliness may be required.
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15
ARTICLE 13. LEAVES OF ABSENCE (continued)
13.5 Requestinq Sick Leave. No sick leave shall be granted for the above reasons unless •
the employee reports to his/her supervisor the necessity for the absence no later than one
(1) hour before his/her regular scheduled starting time. For an employee whose shift
begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by
10:00 A.M. The employee must cali his/her supervisor on each day of the illness by the
times specified, unless the requirement to call in is waived by the supervisor after
verification of extended illness. Sick leave will not be granted to any employee who does
not properly report the necessity tor the absence, unless he/she can show to the
satisfaction of the supervisor that the failure to repoR was excusable. Employees will be
reqwred to provide medical verification of the illness at the discretion of the supervisor.
For the purposes of Articles 13.5 and 13.5.1, medical verification will be defined to mean,
"A written note issued from a qualified treating medical provider during the period the
employee was absent from work." The medical verification will be provided to the
Employer before the employee returns to work.
13.5.1 Sick Leave - Medical Verification. Employees will be required to provide
medical verification of the iliness at the discretion of the supervisor, and
especially noting the following circumstances:
(1) An employee who used more than ten (10) sick days per year is likely
to be required to provide medical certification of illness.
(2) Absences which reflect a pattern are likely to result in a medical
certification requirement.
Examples: •
(a) Frequent absences on Fridays and Mondays.
(b) Absences preceding/following recognized holidays.
(3) Reasonable cause to suspect that sick leave is being requested
inappropriately is likely to result in certification requirement.
Prior to requiring medical verification, the supervisor will meet with the
employee (and Head Engineer). The employee will have the right to have union
representation at the meeting. The supervisor will notify the employee in writing
that medical verification will be required for any further sick leave usage.
After the end of every school year, there will be a review of the medical
certification requirement for all affected employees unless the requirement has
been in place less than nine (9) months. This review may or may not result in a
change of the medical certification requirement. The employee will be notified
in writing as to the status of this requirement. The written notice will be sent to
the employee with a copy to the Building Head and the Union.
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ARTICLE 13.
LEAVES OF ABSENCE (continued)
� ��28
13.6 Sick Child Care. An employee who has worked for the District for at least twelve (12)
consecutive monihs for an average of twenty (20) 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 ill 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 § 181.9413 and shall
remain available so long as provided in statute.
13.7 Familv Medical Leave. Leaves of absence shall be granted as required under the federal
law known as the Family and Medical Leave Act (FMLA) so long as it remains in force.
The Human Resource Department provides procedures.
13.8 An employee shall be paid under the provisions of this paragraph only for the number of
days or hours for which he/she would normally have been paid if he/she had not been on
sick leave.
13.9 No employee shall be granted sick leave with pay for treatment of chemical dependency
more than twice.
13.10 Maternitv/Parental Leave. 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 ai any
time during the period stated above and the Employer may approve such leave at its
option, and such leave may be no longer than one (1) year. Parental Ieave shall be
granted to employees for the birth or adoption of a child in accordance with applicable
state and federal laws.
13.11 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (t)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a total of forty [40] hours) i� any year.
13.11.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as defined in Article 19.
•
13.12 Sick leave Incentive. During the Iife of this Agreement, the parties agree to a pilot project
in an attempt to reduce unplanned absences. If an employee does not use any sick leave
(personal illness, sick child, etc.) in the nine (9)-month period from September 1 through
May 31, the employee will be credited with eight (8) additional hours of vacation time.
This applies for the 1998-99 and 1999-2000 school years. This provision is effective until
June 30, 2000, and does not automatically renew.
17
ARTICLE 14. MILITARY LEAVE OF ABSENCE
14.1 Pav Allowance. Any employee who shall be a member of the National Guard, the Naval �
Militia or any other component of the miiitia of the state, now or hereafter organized or
constituted under state or federal law, 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, shail be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for ail 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 for state or federal purposes, provided that such leave
shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that
such leave shail be aliowed only in case the required military or naval service is
satisfactorily performed, which shall be presumed unless the contrary is established.
Such leave shall not be allowed unless the employee: (1) retums to his/her position
immediately upon being relieved from such military 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.
14.2 Leave without Pav. Any employee who engages in active service in time of war or other
emergency declared by proper authority 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.
14.3 Such leaves of absence as are granted under Article 9 shall 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.
ARTICLE 15. COURT DUTY
15.1 Any employee who is required to appear in court as a juror or witness shall be paid his/her
regular pay while so engaged, provided, however, that the employee is not appearing as a
witness in litigation undertaken by the employee or the Union against the District; further,
any fees that the employee may receive from the court for such service shall be paid to
the Employer and be deposited with the District Office of Business and Finance. Any
empioyee who is scheduled to work a shift other than the normal daytime shift, shall be
rescheduled to work the normal day[ime shift during such time as the empioyee is
required to appear in court as a juror or witness.
ARTICLE 16. WAGE SCHEDULE
16.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto.
•
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ARTICLE 17. EMPLOYEE BENEFITS
SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE
�`�-28
� �:
1.1 The Employer will continue for the period of this Agreement to provide for active
employees such health and life insurance benefits as are provided by Employer at the
time of execution of this Agreement.
1.2 Elioibilitv Waitinq Period. Three (3) full months of continuous regularly appointed
service in Independent School District No. 625 will be required before an eligible
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 Section, full-time employment is defined as
appearing on the payroll regularly 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 Section, half-time employment is defined as
appearing on the payroll regularly 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.
Regularly-scheduled hours are the daily hours which are specifically authorized for the
employee and assigned by the supervising administrator, and verified by the Human
Resource Department, as the regular schedule. Occasional work time assigned in
excess of the minimums stated in 1.3 and 1.4 shall not be construed as providing
eligibility for insurance premium payment.
�
NOTE: Any employee who is regularly scheduled for less than twenty (20) full hours of
work per five (5)-day week or who is scheduled irregularly is ineligible for any
benefits described in this Section.
Nothing in this Agreement shail be construed as a guarantee of any hours of
work.
1.5 Emplover Contribution Amount--Full-Time Emplovees. Effective July 1, 1998, for each
eligible employee covered by this Agreement who is employed full time and who selects
employee insurance coverage, the Employer agrees to contribute the cost of such
coverage or $195 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
$330 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 sefects 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.
�
1.52 Effective January 1, 2000, for each eligible employee covered by this
Agreement who is employed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $220
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 $395 per month, whichever is less.
19
ARTICLE 17. EMPLOYEE BENEFITS (continued)
1.6 Emplover Contribution Amount: Married Couples. Full-time employees who are married
to another District employee and who are covered under their spouse's health plan may
waive the single or family contribution to health insurance and receive up to $150 per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the full cost of family coverage and cannot be appiied in cases where the
spouse is receiving health insurance through the DistricYs cafeteria benefits plan.
1.7 Emolover Contribution Amount--Half-Time Emolovees. For each eligible employee
covered by this Agreement who is employed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time employee who selects family insurance coverage, the
Employer will contribute fifty percent (50%) of the amount contributed for full-time
employees selecting family coverage in the same insurance plan. Part-time employees
are not eligible for any of the married couple contributions in Subd. 1.6.
1.7.1 Notwithstanding Section 1.7 above, employees covered by this Agreement and
employed half time prior to January 1, 1978, shall receive the same insurance
contributions as a full-time employee. This Section �.7.1 applies only to
employees who were employed half-time during the month of December 1977
and shall continue to apply only as long as such employee remains
continuously employed half time.
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1.8 Life Insurance. For each eligible employee, the Employer agrees to contribute to the
cost of $50,000 life insurance coverage. The total premium contribution by the Employer
for all life insurance coverage shall not exceed $11.10 per month. This amount shall drop �
to $5,000 of coverage (in the event of early retirement) until the retiree reaches age 65;
then all Employer coverage shall terminate.
1.9 Lonq-Term Disabilitv. Effective, January 1, 1999, or each eligible employee, the
Employer agrees to contribute to a long-term disability plan. The total premium
contribution by the Employer for this coverage shall not exceed $10 per month.
1.10 Flexible Spendinq Account. It is the intent of the Employer to maintain during the
term of this Agreement a plan for medical and child care expense accounts to be
available to employees in this bargaining unit who are eligible for Employer-paid premium
contribution for health insurance for such expenses, within the established legai
regulations and IRS requirements for such accounts.
7.11 The contributions indicated in this Section 1. shall be paid to the Employer's group health
and welfare plan.
1.12 Any cost of any premium for any Emp�oyer-offered employee or family insurance
coverage in excess of the dollar amounts stated in this Section shall be paid by the
employee through payroll deduction.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
• SECTION 2. RETIREMENT HEALTH INSURANCE
Subd, 1. Benefit Eliqibilitv for Emplovees who Retire Before Aae 65
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1.1 Emplovees hired into District service before Julv 1, 1996, must have completed the
following service eligibility requirements with Independent 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:
1.2
1.3
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.
C.
D.
E.
Must be at least fifty-five (55} years of age and have completed twenty-five (25)
years of service, 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, or;
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 1.1 E.
Emplovees hired into District service after Julv 1. 1996. must have completed twenty (20)
years of service with Independent School District No. 625. Time with the City of Saint
Paul will not be counted toward this twenty (20)-year requirement.
Eligibility requirements for all retirees:
A. A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent School District No. 625
employee and eligible for and is enrolted in the independent Schoof District fVo.
625 health insurance program, or in any other Employer-paid health insurance
program.
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Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
Subd. 2. Emplover Contribution Levels for Emolovees Retirinq Before Aqe 65
2.1 Health Insurance Employer Contribution
The District will for the period of this Agreement provide employees who meet the
eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term
of this Agreement, and until such employees reach sixty-five (65) years of age, such
health insurance premium contributions up to the same dollar amount as were made by
the District for health insurance for single or family coverage by that carrier, for an
employee under this Agreement, in his/her last month of active employment. In the event
new carriers replace those in place at execution of this Agreement, the dollar amounts
being paid for single or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any employee who is receiving family
coverage premium contribution at date of retirement may not later claim an increase in
the amount of the Employer obligation for single coverage premium contributions to a
carrier after deleting family coverage.
22 Life Insurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 12
above, premium contributions for eligible retirees for $5,000 of life insurance only until
their 65th birthday. No life insurance will be provided, or premium contributions paid, for
any retiree age sixty-five (65) or over.
Subd. 3 Benefit Eliaibilitv for Emplovees After Aqe 65
3.1 Emplovees hired into the District before Julv 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 in Subd. 4 of this Article.
3.2 Emplovees hired into the District before Julv 1. 1996, who retire at age 65 or older must
have completed the eligibility requirements in Subd. 1 above or the following eligibility
requirements to receive District contributions toward post-age-65 health insurance
premiums:
A. Employees hired before January 1, 1987, must have remained continuously
employed by the District. For such employees or early retirees who have not
completed at least twenty (20) years of service with the District at the time of their
retirement, the Employer will discontinue providing any health insurance contributions
upon their retirement or, in the case of early retirees, upon their reaching age 65.
B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have
completed twenty (20) years of continuous employment with the District. For such
employees or early retirees who have not completed at least twenty (20) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul earned prior to July 1, 1996,
will continue to be counted toward meeting the DistricYs service requirement of this Subd.
3. Civil service time worked with Ciry of Saint Paul after May 1, 1996, will be considered a
break in District employment.
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Coveraqe Twe
Medicare Eligible
Non-Medicare Eligible
ARTICLE 17. EMPLOYEE BENEFITS (continued)
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3.3 Emplovees hired on or after Julv 1. 1996, shall not 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
July 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emplover Contribution Levels for Retirees After Aqe 65
4.1 Emplovees hired into the District before Julv 1. 1996 and who meet ihe eligibility
requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District.
Premium contributions for such policy will not exceed:
Sinqle Familv
$300 per month $400 per month
$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.
Subd.5. Emplovees hired after Julv 1. 1996, after completion of three (3) full years of
consecutive active service in Independent School District No. 625, are eligible to
� participate in an employer matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District will match up to $500 per year of consecutive active
service, up to a cumulative lifetime maximum of $12,500. Part-time employees working
half-time or more will be eligible for up to one half (50°/a) of the available District match.
Approved non-compensatory leave shall not be counted in reaching the three (3) fuli
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.
Federal and state rules governing participation in the Minnesota Deferred Compensation
Plan shall apply. The employee, not the District, is solely responsible for determining
his/her total maximum allowable annual contribution amount under IRS regulations. The
employee must initiate an application to participate through the DistricYs specified
procedures.
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ARTICLE 18. MILEAGE
18.1 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 rate approved by the Board of Education or 31 ¢ per mile, 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 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 19. SEVERANCE PAY
19.1 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.
19.2 To be eligible for the severance pay program, the employee must meet the following
requirements:
192.1 The employee must be fifty-five (55) years of age or older or must be eligible for
pension under the "Rule of 90" provisions of the Public Employees Retirement
Association (PERA}. The "Rule of 85" or the "Rule of 90" criteria shall afso
apply to employees covered by a public pension plan other than PERA. �
19.2.2 The employee must be voluntarily separated from Schooi 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.
19.2.3 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 or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
19.3 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 $65 pay for each day of accrued, unused sick leave, up to 231 days.
19.4 The mauimum amount of money that any empioyee may obtain through this severance
pay program is $15,000.
19.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, if the empioyee would have met ali 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.
19.6 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.
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ARTICLE 20. DISCIPLINE
20.1
202
20.3
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The Employer will discipli�e employees for just cause only. Discipline will be in the form
of:
20.1.1 Oral reprimand;
20.12 Written reprimand;
20.1.3 Suspension;
20.1.4 Reduction;
20.1.5 Discharge.
A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the
employee and the Union seventy-two (72) hours after such action is taken.
Employees and the Union will receive copies of written reprimands and notices of
suspension and discharge.
20.4 Employees may examine alI information in their Employer personnel file that concerns
work evaluations, commendations and/or disciplinary actions. Files may be examined at
reasonable times under the direct supervision of the Employer.
20.5 Preliminarv 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 schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee
shall have the opportunity to have union representation present and be provided the
opportunity to speak on his/her behaff regarding the proposed action. If the employee is
unable to meet with the supervisor, the employee and/or union will be given the
opportunity to respond in writing.
20.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a Union representative be present.
20.7 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 21 (Grievance Procedure); as an alternative option, such employee
can request a review, consistent with Minnesota Statute § 179A20, Subd. 4. Once 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 be subject to
the grievance review procedures through Step 3 only.
An employee who elects the contractual grievance procedure as the forum for review of a
disciplinary action has not thereby waived any rights secured to him/her under Minnesota
Statute § 197.46, other than the choice of forum for review.
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ARTICLE 21. GRIEVANCE PROCEDURE
21.1 The Employer shall recognize Stewards selected in accordance with Union rules and �
regulations as the grievance representative of the bargaining unit. The Union shall notify
the Employer in writing of the names of the stewards and of their successors when so
named.
212 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no loss of 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 deirimental to the work programs of the Employer.
21.3 The procedure established by this Article shall be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 7, for the processing of
grievances, which are defined as an alieged violation of the terms and conditions of this
Agreement. A grievance shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the employee's satisfaction by the informal
discussion. it may be reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the Agreement violated, and the relief requested. Any alleged
violation of the Agreement not reduced to writing by the Union within fourteen (14) •
calendar days of the first occurrence of the event giving rise to the grievance shall be
considered waived. At this step only, an e�ctension of seven (7) additional calendar days
shall be granted automatically if requested by the Business Representative or steward.
Step 2. Within fourteen (14) calendar days after receiving the written grievance, a
designated Employer supervisor shall meet with the Union steward and attempt to resolve
the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the
Employer shall reply in writing to the Union within fourteen (14) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14)
calendar days following receipt of the Employer's written answer. Any grievance not
referred in writing by the Union within fourteen (14) calendar days following receipt of the
Employer's answer shall be considered waived.
Steo 3. Within fourteen (14) calendar days following receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business Manager or
designated representative and attempt to resolve the grievance. Within fourteen (14)
calendar days following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer conceming the grievance. If, as a result of the written
response, the grievance remains unresolved, the Union may refer the grievance to Step
4. Any grievance not referred in writing by the Union to Step 4 within fourteen (14)
calendar days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 27
GRIEVANCE PROCEDURE (continued)
���,�
Step 4. If the grievance remains unresolved, the Union may within fourteen (�4) calendar days
after the response of the Employer in Step 3 by written notice to the Employer, request
arbitration of ihe grievance. The arbitratfon proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the Employer and the Union within
fourteen (14) calendar days after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said fourteen (14)-day period, either party may request
the Bureau of Mediation Services 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
Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The
process will be repeated and the remaining person shall be the arbitrator.
21.4 The arbitrator shall have no right to amend, modify, nullify, ignore. add to or subtract from
the provisions of this Agreement. 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 any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or varying in
any way the application of laws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) days following close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union, and the employees.
21.5 The fees and expenses for the arbitrator's services and proceedings shall be borne
� equally by the Employer and the Union, provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record.
21.6 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
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21.7 It is understood by the Union and the Employer that if an issue is resolved at any step by
this grievance procedure, that issue shall not again be submitted for review under the
provisions of the Rules and Regulations of Civil Service. It is further understood t(�at if an
issue is submitted and resolved at any step by the grievance procedure under the Civil
Service Rules and Regulations, It shall not be submitted for review and arbitration under
procedures set forth in this Article.
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ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-down, stay-in or other concerted interference with the Employer's business
or affairs by said Unions and/or the members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise.
222 No lockout, or refusal to allow employees to pertorm available work, shaii be instituted by
the Employer and/or its appointing authorities during the life of this Agreement.
ARTICLE 23. NONDISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equally without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
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232 Employees will perform their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public. �
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ARTICLE 24. TERMS OF AGREEMENT
c, y���g
24.1 Complete Agreement and Waiver of Bargaininq. This Agreement shall represent
the complete Agreement between the Union and the Employer. The parties
acknowledge that during the negotiations which resuited in this Agreement, each
had ihe unlimited rrght and opportuniiy to make requesis 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 obiigated
to bargain collectively with respect to any subject or matter referred to or covered in
this Agreement.
24.2 Savings 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 jurisdiction from
whose final judgment or decree no appeal has been takert within the time provided,
such provision shall be voided. All other provisions shall continue in fuil force and
effect.
24 3 Terms of Agreement. Except as herein provided, this Agreement shall be effective
as of July 1, 1998, and shall continue in full force and effect through the 30th day
of June 2000, , and shall be automatically renewed from year to year thereafter
unless either party shall notify the other in writing at least sixty (60) days before the
termination of this Agreement that it desires to modify or terminate this Agreement.
In witness thereof, the parties have caused this Agreement to be executed as signed
and dated below.
24.4 This const+tutes a tentative Agreemertt between the parties which will be
recommended by the District Negotiations and Labor Relations Manager, but �s
subject to the approval of the Board of Education, and is also subject to ratification
by the Union.
WITNESSES:
�� d, is98
Date �
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APPENDIX A: 1998-2000 WAGES
The houriy wage rates and salary ranges for classifications in this unit are effective
July 4, 1998, as follows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services Worker
Custodian`
Trainee
(Custodian-Engineer)
Probationary
Rate
$10.46
Probationary
Rate
$14.33
Entrv
$8.77
Probationary Base
Rate Rate
$18.33 $19.25
17.69 18.65
17,12 18.08
16.69 17.64
16.34 17.05
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Base After After
Rate 1 vear 2�ears
$10.98 $11.93 $12.67
Base
Rate
$15.43
After
6 Months
$10.16
After
1 Year
$11.55
After
18 Months
$12.94
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shail be paid at the "Base Rate" hourly rate. Empioyees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the emp4oyee must complete a promotionat probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
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APPENDIX A: 1998-2000 WAGES
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The hourly wage rates and salary ranges for classifications in this unit are effective
July 3, 1999, as follows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board ot Education
Facility Services W orker
Custodian'
Tralnee
( C ustodian-E ng i nee r)
Probationary
Rate
$18.76
18.11
17.52
17.08
16.73
Base
Rate
$19.70
19.09
18.51
18.05
17.45
Probationary Base After After
Rate Rate 1 vear 2 vears
$10.70 $11.24 $1221 $12.97
Probationary Base
Rate Rate
$14.66 $15.79
After After
Entrv 6 Months 1 Year
$8.97 $10.40 $11.82
After
18 Months
$13.24
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate'
hourly wage rate, notwithstanding that the employee must complete a promotional probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
*Abolished except as to present incumbents.
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APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE
The purpose of this Appendix is to state cieariy the intent of the parties regarding procedures �
which will be used to call and/or assign employees in the unit for overtime work during the term of
the 1998-2000 Labor Agreement.
These procedures shall become effective beginning with the first full month after the Board of
Education adoption of the 1998-2000 Labor Agreement. Renewal, revision, or continuation of
these provisions will occur only if the parties so agree. Absent such agreement, the provisions of
this Appendix B terminate June 30, 2000.
Section 1 Qualified Emplovees
A qualified person for all provisions of this policy is a regular full-time custodian or facility services
worker, or custodian-engineer who holds the appropriate license for the task, and has
demonstrated satisfactory job performance.
1.1 An employee who has specified physical restrictions which impair his/her ability to perform
a particular overtime task will not be assigned the overtime; for purposes of calling order
he/she will be considered, however, as having worked that overtime.
Section 2 Overtime Within a Buildinq
Employees assigned to a particular building will have the first opportunity to work overtime in that
building. Persons who are interested in working overtime in the building will be required to sign in
advance. The employees will be placed on a list in order of District seniority. When a need for �
overtime arises, the qualified most senior employee on the list will be called first unless the
employee has already worked overtime in that fiscal year. If the qualified most senior employee
has already worked overtime in that fiscal year, the next qualified employee on the list will be
called until all employees in the building have worked overtime. When all employees have worked
overtime, the process will be repeated. When an employee is asked to work overtime in the
building and refuses, he/she will be considered as having worked that overtime. If there are no
employees in the building who want to work overtime, then the overtime shall be classified as
District overtime and distributed as described below.
2.1 When an employee is newly assigned to a building, his/her overtime eligibility history for
that location wiii be determined by assigning to him/her the average of overtime hours
credited to date for all affected employees in that location (average of hours worked
and/or refused).
2.2 The overtime history of each employee wili be carried over from year to year in each
building for that building.
Section 3 District Overtime
When there is District overtime work to be done on a planned basis (i.e., it is of a non-emergency
nature), regular employees assigned as relief staff will have the first oppoRunity to work the
overtime. Qualified relief staff inembers will be contacted for the overtime work in seniority order
(i.e., most senior tirst) unless the employee has already worked overtime in that fiscal year. When
a qualified employee who is asked to work overtime refuses the work, he/she will be considered
as having worked that overtime assignment. If there are not sufficient qualified relief staff
employees available, qualified employees listed as available for emergency call out will be called •
by the same procedure.
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APPENDIX 8: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued)
• Effective July 1, 1998, the assigned relief staff will no longer have first opportun'ity to work District
overtime. In September of each year Facility Operations will allow people interested in working
District overtime to sign up to be called. The most senior employees in one of three groups, 1)
Facility Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for
overtime needed in the group based on seniority order, unless employee has already worked
overtime in that fiscal year. When a qualified employee who is asked to work oveRime refuses
the work, he/she will be considered as having worked that overtime assignment. If there are not
sufficient quatified relief staff employees available, quaiified employees listed as available for
emergency cail out will be called by the same procedure.
Section 4 Mandatorv Overtime
The District retains the right to institute mandatory overtime if there are inadequate volunteers to
meet District needs. The mandatory system requires that the least senior empioyee who has not
worked overtime wiil be required to work first and so forth. Should mandatory overtime become
necessary, empioyees who have voluntarily worked overtime wiii be credited with the hours they
have previously worked.
Section 5. Emerqencv Call Outs
This equalization of overtime does not apply to emergency call outs requesting that overtime be
worked. A.qualified employee who is willing to accept emergency overtime assignment
immediately upon notification may ask to be lisied as available. The District wili not list an
� empioyee for emergency call out if the employee has refused overtime work several times, or is
not qualified. The District, in assigning emergency call out, will do so as equitably as
circumstances permit.
5.1 The District will periodically provide to the Union a copy of the emergency call-out list, and
a tally of time worked.
Section 6. Overtime Resultinq from Buildinq/Proqram Moves
Overtime resulting from moving a program or a staff/student population from one building/location
to another will be treated as building overtime for staff in the location from which the move
originates. If more overtime workers are needed than the originating location can supply, the
District overtime procedure will be used to secure additional workers.
Section 7 Grievance Process
An alleged violation of these procedures can be presented to the Employer by the Union for
review under the grievance procedures of the labor contract through Step 3, as the final appeal.
Step 3 review is at the level of the Superintendent of Schools, or his/her designee.
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APPENDIX C: ENGINEER 2-5 BIDDING
Biddinq for location Custodian-Enqineer 2-5 Positions
The parties agree to continue the pilot program allowing Custodial Engineer 2-S employees to bid
on job openings. This pilot will continue for the duration of the 1998-2000 contract, and will not be
automatically e�ctended as part of any successor agreement.
The Office of Facility Operations will post a listing of vacant positions in the job classes Custodian-
Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the
locations of the vacancies. Employees who have been certified and appointed to one of the
above listed job classes may bid for an assignment in that same job class at a different location
shown on the posting. Bidding will be only open to employees who have successfully completed
the probationary period and have satisfactory or higher performance ratings for at least the
preceding year. Bids for assignments will be honored in order of class seniority in that job class
providing the employee is qualified. This process requires that all Custodial Engineer 2-5
employees who bid be able to satisfactorily perform the full range of duties at the bid location from
the onset. With the rights to bid in this pilot process comes the responsibility to fully assess the
requirements of the location where he/she would bid and the strengths and weaknesses that
he/she may have.
a) Vacancies in the specified job classes during the school year will be posted
for bidding as they occur.
b) A Custodian-Engineer 2 who is assigned to evening shift must complete
one (1) year as an Engineer 2 before having the right to bid.
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• If the Custodia�-E�gineer 2 assigned to evening shift bids on another •
evening shift and is reassigned as a result of this bidding process
he/she is not eligible for any further bidding for one (1) year.
• If the Custodian-Engineer 2 assigned to evening shift is reassigned to
a day shift as a result of this bidding process he/she is not eligible for
any further bidding for two (2) years.
• If the Custodian-Engineer 2 assigned to day shift is reassigned as a
result of this bidding process he/she is not eligible for any further
bidding for two (2) years.
• An employee whose shift is changed significantly (by more than two
[2] hours) on a permanent basis, or whose shift is changed from a
daily assignment at one location to more than one location, may bid
once again without waiting the full two (2) years.
c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a resuVt of
this bidding process is not eligible for any further bidding for three (3) years.
An employee whose shift is changed significantly (by more than two [2]
hours) on a permanent basis, or whose shift is changed from a daily
assignment at one location to more than one location, may bid once again
without waiting the full two (2) years.
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APPENDIX C: ENGWEER 2-5 BIDDING (continued) ��� o ? g � f
• d) Nothing in this provision shall be consirued to limit the right of the Employer
fo transfer an employee to another Iocation without bidding if there is
reason to do so.
e) There will be no bidding assignments in new buildings. Custodian-Engineer
vacancies in new buildings will be listed only to allow employees in that job
class to express interest in being considered by submitting a letter to the
department head.
•
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35
INDEX
B
Bidding......--° ............................................. 34
Bidding for Location .....................................8
C
Call-In Pay .................................................12
Court Duty ......................:...........................18
D
Discipline...................................................25
Dues............................................................ 3
E
Equalization of Overtime .....................13, 32
F
FairShare ....................................................3
Family Medical Leave ................................17
Flexible Spending Account ........................20
G
Grievance Procedure .................................26
H
Health Insurance .......................................19
Holidays.....................................................11
Hours .........................................................12
L
Leave of Absence ......................................15
Life Insurance ............................................20
Lockouts.................................................... 28
Longevity Pay ............................................12
Long-Term Disability ..................................20
M
Maternity/Parental Leave ...........................17
Mileage...................................................... 24
Military Leave Of Absence .........................18
N
Nondiscrimination ...................................... 28
O
Overtime....................................................12
P
PremiumPay .............................................t2
Premium Pay for Shift Differential ..............12
R
Recall From Workforce Reductions .............7
Retirement Health Insurance .....................21
S
Safety Shoes ..............................................14
Sen io rity ....................................................... 6
Seniority for Bidding On Location ................8
Seniority for Shift Selection ..........................9
Seniority Termination ...................................9
Severance Pay ...........................................24
Shop Steward ..............................................2
Sick Child Care ..........................................17
Sick Leave .................................................15
Sick Leave - Medical Verification ...............16
Sick Leave Conversion ........................10, 17
Sick Leave Credits .....................................15
Sick Leave Incentive ..................................17
Sick Leave Requests .................................16
Special Duty Pay ........................................12
Strikes........................................................28
T
Temporary Employment ..............................4
Temporary Employment Casual Service.....4
Temporary Employment Extended Service.5
Temporary Employment Short-Term...........4
U
Uniforms....................................................14
Union Membership .......................................3
Union Rights ................................................2
Union Stewards ............................................2
V
Vacation.....................................................10
W
Wages.................................................30, 31
Work Interference ......................................28
Work Schedule ..........................................12
Working Out of Ciassification ....................13
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Council File # °� � ��
0�(G1NAL
Presented
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 62417
��
Referred To Committee Date
1
2
3
4
Office of Labor Relations
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Form App oved by Ci ttorney
By: �� e '�/� b�r��. ��
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
July 1, 1998 through June 30, 2000 Employment Agreement beriveen the Independent School Dishict
No. 625, Saint Paul Public Schools, and International Union of Operating Engineers Local No. 70,
Exclusive Representative for Custodians.
Adopted by Council:
Adoption Certified by Council
�
Requested by Depaztment of:
Approved by Mayor Date �-l�r�t� � � � � � �
By: <� �r 1�'1, �
UII / wI`�R �.�"
DEPARTMENT/OFFICE/COUNCII.: DATE INITfATED GREEN SHEET No.: 62417 � 1�`� �
LABOR RELAT'IONS 12/28/98
CONTACI' PERSON & PHONE: q �77A1/DATE IN177AL/DwTE
7ULIE KRAUS 266-6513 �I� 1 DEPARTMEN'P DIR _�El�. 4 CITY COUNCIL
NUIygEg 2 C1TY A7TORNEY < ^� CITY CLERK
MIJST BE ON COUNCII. AGENDA BY (DATE) FOR BUDGEf DIIt FiN. & MG7. SERVICE DIR
ROUTING 3 MAYOR (OR ASST.) �
ORDER �� ���
TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATIONS FOR SIGNATURE)
ncnox xeQUESrEn: This resolution approves the July 1,1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and International Union of Operating
Engineers Local No. 70, Exclusive Representative for Custodians.
RECOhIIr1ENDAITONS: Approve (A) or Reject (R) PERSONAI, SERVICE COIVTRACPS M[JST ANSFVER 1TIE FOLLOWING �
QUESCIONS:
PLANNING CO1vIIvIISSION CIVIL SERVICE COM[.4SSION 1. Has this persodfum ever worked under a wntract for rt�is depaztment?
CTB COMA9TTEE Yes No
STAFF 2. Has tlus peaon/ficm ever ban a city employee?
DISIRICT COURT Yes No
SUPPORTS WFIICA COUNCIL OBlEC77VE? 3. Dces this pecsodfirtn possess a skill not no=mally possessed by azry cwrent city employee?
Ya No
Ezplain sli yes answers oo sepante s6eet and attsch to green s6eet
INTTIA7'ING PROBLEM, ISSUE, OPPORTUNITY (R'ho, What, W6en, Where, Why):
ADVANTAGES IF APPROVED: �'.;4 q°`LLi3 ii. C�:�••� '�,' ^"!;� ;a
This resolution pertains to Boazd of Education employees only.
_ ���. � � ����
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION: COST/REVENOE BUDGETED:
EUNDING SOURCE: AC77VITYNUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
RECEIVEQ
DEC 3 0 1998
�iAYOR'S OFFICk
INDEPENDENT SCHOOI DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: September 22 1998
q 9 -a�'
ToP�C: Approval ofi Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schools, and Intemational Union of Operating
Engineers, Local No. 70, Exclusive Representative for Custodians
A. PERTINENT FACTS:
1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000.
2. Contract changes are as follows:
Waaes: Effective July 4, 1998, the salary schedule rates will be increased an average of
2.5%.
Effective July 3, 1999, the salary schedufe rates will be increased an average of 2.35%.
• Insurance: Increase the insurance premium contributions by the District from the current
insurance caps of $195 for single coverage and $330 for family coverage as follows:
Sinqle Familv
Effective January 1, 1999 $205.00 $375.00
Effective January 1, 2000 $220.00 $395.00
Effective January 1, 1999, full-time employees who are married to another District
employee and who are covered under their spouseis health plan may waive the single or
family contribution to health insurance and receive up to $150 per month toward their
spouseis family premium. This is consistent with other District contracts.
• Retiree Heaith Insurance: Language revised, removing options that created a tax liability
for employees.
• Severance Pav: Employees who retire and meet eligibility requirements will receive $65
per day for unused, accumulated sick leave up to a maximum of $15,000. This replaces
all previous severance pay plans.
• Holidavs: The Columbus Day holiday is deleted and replaced with the Day After
Thanksgiving. Veterans Day is converted to a vacation day. The eligibility language is
revised to be consistent with other contracts. These changes streamline the leave system
by aligning the leave system with the organizational calendar and reducing payroll
processing time.
• Trainina: The Memorandum of Understanding regarding training tor Custodial Engi�eers
will be extended through June 30, 2000.
3. The District has 269 regular employees in this bargaining unit.
.- ,:
Approval of Employment for Custodians
September 22, 1998
Page Two
4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim
6cecutive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement and Memorandum of Understanding concerning the terms and conditions of
employment of those employees in this school district for whom Internationai Union of Operating
Engineers, Local No. 70, is the exclusive representative; duration of said Agreement and
Memorandum of Understanding is for the period of July 1, 1998 through June 30, 2000.
� �-28 ��,
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1998 - 2000
LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
and
�I
INTERNATIONAL UNION OF
OPERATlNG ENGINEERS
LOCAL 70
Term: July 1, 1998 through June 30, 2000
,
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� Saint Paul Public Schools
L/ F E L O N G L E A R N/ N G
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� Saint Paul Public Schools
L/ F E L O N G L E A R N/ N G
SAINT PAUL PUBL(C SCHOOLS
Independent School District No. 625
Board of Education
Mary Thornton Phillips - Chair
Greg Filice - Vice Chair
Gilbert de la O- Clerk
Neal Thao - Treasurer
Tom Conlon - Director
Becky Montgomery - Director
AI Oertwig - Director
Administration
William A. Larson -
Maureen A. Flanagan -
Luz Maria Serrano -
Lois M. Rockney -
Cy R. Yusten -
Interim Superintendent of Schools
Executive Assistant
Superintendent of Schools
Interim Assistani Superintendent
Accountability, Technology
and Support Services
Interim Executive Director
Fiscal Affairs and Operations
Assistant Superintendent
Teaching and Learning
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i
ARTICLE
Article
Article
Articie
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
TABLE OF CONTENTS
TITLE
PAGE
Preamble............................................................................................................... iv
Recog nition .............................................................................................................1
Defi n itions ............................................................�--................................................1
UnionRights ..............................................................�--..........................................2
ManagementRights ...............................................................................................3
TemporaryEmployment .........................................................................................4
Seniority.................................................................................................................. 6
Vacatio n ................................................................................................................10
Holidays ................................................................................................................11
Hours and Premium Pay ......................................................................................12
Working Out of Classification .............................�-�--.............................................13
Supervisory Assignment .......................................................................................13
Uniforms ...............................................................................................................14
Leaves of Absence ...............................................................................................15
Military Leave of Absence ....................................................................................18
CourtDuty ............................................................................................................18
WageSchedule ....................................................................................................18
EmployeeBenefits ................................................................................................19
Mileage.................................................................................................................24
SeverancePay .....................................................................................................24
Discipline..............................................................................................................25
Grievance Procedure ............................................................................................26
Strikes, Lockouts, Work Interference ...................................................................28
Nondiscrimination.................................................................................................28
Terms of Agreement ............................................................................................29
AppendixA: W ages ...........................................................................................30
Appendix B: Equa{ization of Overtime ................................................................32
Appendix C: Engineer2-5 Bidding .....................................................................34
In d ex ..................................................................................................................... 36
�
PREAMBLE
This Agreement is by and between independent School District No. 625 and Local Union
No. 70, International Union Of Operating Engineers, AFL-CIO.
This Agreement has been entered into between Independent School District No.625,
hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating
Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the
promotion of harmonious relations between the Employer and the Union, the establishment of an
equitable and peaceful procedure for the resolution of differences and the establishment of rates
of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge
that they shall pursue the above objectives in full compliance with the requirements of the Public
Employment Labor Relations Act of the State of Minnesota of 1971, as amended.
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iv
ARTICLE 1. RECOGNITION
• 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, 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 under Case No. 73-PR-449-A, as amended, to read as follows:
All regular, probationary, and provisional engineering and building maintenance
personnel who are employed by Independent School District No. 625, and whose
employment service exceeds the lesser of 14 (fourteen) hours per week or thirty-
five percent (35%) of the normal workweek and more than sixty-seven (67)
workdays per year in the following classifications:
Custodian-E�gineer 5, Board of Education,
Custodian-Engineer 4, Board of Education,
Custodian-Engineer 3, Board of Education,
Custodian-Engineer 2, Board of Education,
Custodian-Engineer 1, Board of Education,
Facility Services W orker,
Trainee (Custodian-Engineer)
Custodian',
Custodial Worker*;
excluding supervisory, managerial, clerical, confidential, and temporary
employees, those exclusively represented by other labor or employee
organizations, and all other employees.
12 The parties agree that any new classifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall be
� recognized as a part of this bargaining unit, and the parties shall take all steps required
under the Public Employment Relations Act to accomplish said objective.
1.3 Temporary employees are recognized as within the unit covered by this Agreement,
however, except as specifically provided by this Agreement (see Article 4), temporary
employees shall not have nor acquire any rights or benefits other than specifically
provided by the provisions of the Civil Service Rules.
ARTICLE 2. DEFINITIONS
2.1 Collective Barqaininq. The Employer will bargain collectively with the Union with respect
to rates of pay, hours, and other conditions pertaining to employment for all of the
employees in the unit fiereinbefore set forth.
22 Maintenance of Standards. The Employer agrees that all 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 (Resolution No. 3250), at the time of the
signing of this Agreement, and the conditions of employment shall be improved wherever
specific provisions for improvement are made elsewhere in this Agreement.
2.3 Discrimination. The Employer will not interfere with, restrain or coerce the employees
covered by this Agreement because of inembership in or activity on behalf of the Union.
The Employer will not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any employee covered by this Agreement because of
membership in or activity on behalf of the Union, nor will it discourage or attempt to
• discourage membership in the Union, or attempt to encourage membership in another
Union.
*Abolished except as to present incumbents.
ARTICLE 3. UNION RIGHTS
3.1 The Union may designate employees within the bargaining unit to serve as Union
Stewards and shall be required to administer this Agreement.
3.2 The Union shall furnish the Employer and appropriate department heads and District
Negotiator with a list of Stewards and alternates, and shall, as soon as possibie, notify
said appropriate District officials in writing of any changes thereto. Only those who are
Officers and Stewards shall be recognized by the Employer for the purpose of ineetings.
3.3 There shall be no deduction from the pay of a Steward when directly involved in meetings
with management relating to the administration of this Agreement during working hours.
3.4 Designated Union representatives shall be permitted to visit employees on job sites and
at department buildings during working hours for the purpose of the administration of this
contract, so long as the Union representative does not interfere with the completion of the
employees' job duties.
3.5 Shop Steward. The Chief Steward or Assistant Chief Steward in the District will be
allowed to accompany an employee to meet with the Employer during regular working
hours for the purpose of grievance review and dispute resolution involving employees,
under the following conditions:
3.5.1
3.52
3.5.3
3.5.4
3.5.5
That only one employee from any one department be allowed to leave his/her
work.
That stewards will attend these meetings on their own time when they are held
outside of regular working hours.
That adequate notice is given to the supervisors so that permission may be
obtained from the Facility Operations Office.
That the steward has officially been designated as such by the Union.
Only the chief or assistant chief steward shall be excused for participation in
grievance and/or dispute resolution meetings.
3.6 A maximum total of eighty (80) hours without loss of pay per contract term will be ailowed
for the combined use of a maximum of four (4) shop stewards to participate in contract
negotiations, mediation, or arbitration meetings which are held during the regular working
hours of any of the stewatds. It is understood that Union and the Employer will, to the
greatest extent possible and reasonable, schedule such meetings outside regular
working hours, and stewards will attend the meetings when this is the case on their own
time.
3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay
for one (1) week to attend such convention. Vacation or compensatory time may be used
for this purpose. The Union shall give at least ten (10) working days' advance notice of
the employees who will be participating in such conventions.
•
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ARTICLE 3. UNION RIGHTS (continued)
� ;m28 �I�
• 3.8 Dues, Fair Share
3.8.1 Dues. 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 Employer by a representative of the Union
and the aggregate deductions of alI employees shall be remitted together with
an itemized statement to the representative by the first of the succeeding month
after such deductions are made or as soon thereafter as is possible.
3.82 Fair Share. Any present or future employee who is not a Union member shall
be required to contribute a fair share fee for services rendered by the Union.
Upon notification by the Union, the Employer shall check off said fee from the
earnings of the employee and transmit the same to the Union. In no instance
shall the required contribution exceed a pro rata share of the specific expenses
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.
3.8.3 The Union will indemnify, defend, and hold the Employer harmless against any
claims made and against any suits instituted against the District, its officers or
employees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The District will indemnify, defend, and hold the
� Union harmless against any claims made and against any suits instituted
against the Union, its officers or employees by reason of negligence on the part
of the Employer in making or fonvarding deductions under this Article.
3.8.4 The Employer will notify the Union in writing of all new employees covered by
this Agreement wiihin a reasonable time period of the employee's first day of
work. The Employer will notify the Union at regular intervals regarding
employee status changes, including unpaid leave, promotion, demotion,
resignation, layoff, and/or retirement.
ARTICLE 4. MAfVAGEMENT RIGHTS
4.1 The Union recognizes the right of the Employer to operate and manage its affairs in all
respects in accordance with applicable laws and regulations of appropriate authorities.
The rights and authority which the Employer has not officially abridged, delegated or
modified by this Agreement are retained by the Employer.
4.2 A public employer is not required to meet and negotiate on matters of inherent managerial
policy, which include, but are not limited to, such areas of discretion or policy as the
functions and programs of the Employer, its overall budget, utilization of technology, and
organizational structure and selection and direction and number of personnel.
•
ARTICLE 5. TEMPORARY EMPLOYMENT
The District and Union acknowledge three types of temporary employment: Casual Service, •
Short-term Service, and Extended Service. All persons employed in any temporary status or any
eutension of temporary service must knowingly consent to such extension and complete a
Temporary Employment Certification Form acknowledging the temporary nature of the
assignment. All persons employed in any temporary status will be members of the bargaining unit ,
following the completion of sixty-seven (67) workdays, and have the terms and conditions of
employment set forth in this Articfe. An extension ot temporary assig�ment dces not create any
continuing employment rights for the temporary employee.
5.1 Casual Service Temporarv Emplovment
Casual service temporary employment will be characterized by assignments that are less
than sixty-seven (67) days in duration, and the terms and conditions of employment are
established solely by the Employer. These are not positions covered by the bargaining
unit. Work assignments will typically be overflow work which serves as an extension of,
and not a replacement for, the normal workforce of regular employees.
52 Short-Term Temporarv Emplovment
5.2.1 Short-term temporary employment will be characterized by an initial
empioyment assignment for up to 1,040 hours. One extension for up to an
additional i hours will be permitted. A copy of the completed Temporary
Employment Certification Form signed at the time of the extension will be sent
to the Union.
5.2.2 Short-term temporary employees will be paid at the current minimum hourly �
rate in Appendix A for the job class hired.
5.2.3 Short-term temporary employees will receive paid time off for the named
holidays in Article 8.
52.4 There shall be no other access to contractual benefits except as specifically
stated in 5.2.3 above.
5.2.5 Short-term temporary employment work assignments typically will serve as
short-term replacements for positions normally filled by regular employees.
5.2.6 Such assignments will normally be to cover for the following conditions:
a) regular employees on paid leave,
b) regular employees on non-compensatory leaves with guaranteed
return,
c) vacancies in job classes where there is no list of eligible candidates
in place from which to make regular appointments,
d) positions that are of specific limited duration of less than twelve (12)
months in duration,
e) other similar assignments.
•
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ARTICLE 5. TEMPORARY EMPLOYMENT (continued)
• 5.3 Extended Service Temporarv Emplovment
Extended service temporary employment will be characterized by temporary employment
which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature.
5.3.1 If the District determines the assignment for a short-term temporary employee
must be extended beyond 2,080 hours, the assignment will be considered an
extended service temporary assignment.
5.3.1.1 The District, Union and temporary employee must agree to any short-
term temporary employment that is to be extended beyond 2,080
hours.
5.3.12 The District, Union and temporary employee will sign the Temporary
Employment Certification Form acknowledging the temporary nature
of the assignment.
5.3.1.3 Upon agreement, the temporary employee will be considered an
extended service temporary employee.
5.32 Extended service temporary employees will be paid at the current minimum
hourly rate in Appendix A for the job class hired.
5.3.3 Extended service temporary employees will have access to contractual benefits
as described in 5.3.3.1 through 5.3.3.4 below. The benefits in 5.3.3.1 through
� 5.3.3.4 will be effective the first full pay period after the completion of the first
2,080 hours in temporary status and after the signing of the Temporary
Employment Certification Form.
5.3.3.1 Paid sick leave time shall begin to accrue for all hours on the payroll,
based on a formula of .0576 hours time earned for each straight-time
hour on the payroll. Maximum accrual allowed is 200 hours. There
is no exchange of accrued unused sick leave for cash payment.
5.3.32 Paid personal leave time shall begin to accrue (as vacation), for all
hours on the payroll, based on a formula of .0385 hours time earned
for each straight-time hour on the payroll.
5.3.3.3 The employee shall have access to paid holidays as provided in the
labor agreement in Article 8, Section 8.5.
5.3.3.4 The employee shall be eligible for participation in and Employer
contribution to health care coverage and life insurance coverage as
provided for active regular employees in Article 17, Section 1.
Temporary employees will be required to contact the Benefits Office
to apply for appropriate benefits. No access or benefit beyond these
specified sections is granted or created or intended or implied. Any
cost of any premium for any District-offered employee or family
insurance coverage in excess of the specified District maximum
contribution limits shall be paid by the employee via payroll
deduction.
•
ARTICLE 5. TEMPORARY EMPLOYMENT (continued) _
5.3.4 There shali be no other access to contractuai benefits except those specifically •
stated in 5.3.3 above.
5.3.5 An extended service temporary employee who, through the appropriate merit
based examination procedures, becomes employed as a regular employee
covered by this Agreement during the period of Extended Service Temporary
Employment shall have his/her period of temporary employment in excess of
the initial 1,040 hours recognized toward completion of the probationary service
requirement in the regular appointment.
5.4 None of the provisions of this Article shail have any retroactive effect for any employee in
any temporary employment status prior to the effective date of this Article, July 1, 1993.
5.5 No access to continuing employment is created or intended by any provisions of this
Article.
ARTICLE 6. SENIORITY
6.1 General Class Senioritv. Class seniority shall be determined based on the continuous
length of probationary and regular service with the Employer (Independent School District
No. 625, Saint Paul Public Schools) from the date the employee was first appointed to a �
job class covered by this Agreement. Class seniority shall be understood to be on an
Employer-wide (District-wide) basis within each job class unless expressly stated
othenvise. In cases where two or more employees are appointed to the same class titie
on the same date, the seniority shall be determined by the employee's rank on the eligible
list from which certification was made.
6.1.1 It is further understood that only time worked for the Employer (Saint Paul
Public Schools) shall be considered for the purpose of seniority calculations.
The only exception is for regular employees currentiy empioyed by the
Employer as of July 1, 1993, who have accrued time in a job class represented
by the Union in service with the City of Saint Paul prior to July 1, 1993. For
those regular employees, the time in such job class with the City of Saint Paui
will continue to be considered as time with the Employer. If, however, the
employee has a break in employment with the Employer, (i.e., termination,
resignation, retirement) thereafter, if re-employed, only the time following the
employee's subsequent rehire to the Employer will be considered for purpose of
seniority calculation.
6.1.2 An unsuccessful completion of probationary period for a position with the City of
Saint Paul by any employee covered by this Agreement shall not be considered
a break in employment with the Employer. A successful completion of
probationary period for a position with the City of Saint Paul by any employee
covered by this Agreement shall be considered a break in employment with the
Employer.
\ J
ARTICLE 6. SENIORITY (continued) 4( a �� O
• 6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer
determines that it is necessary to reduce the workforce, employees will be laid off in
inverse order of class seniority in the job class from which the reduction is to occur. The
Employer must terminate the employment of all temporary and provisional employees in
that job class before any regular employee in that job class is laid off.
6.3 Class Senioritv Determination For Placemeni Followinq A Workforce Reduction. For
purposes of this Section, the job classes covered by this Agreement (excluding
Custodian-Engineer Trainee and abolished job classes) shall be considered one job class
series. The job class with the highest rate of pay shown in Appendix A shall be the
highest level job class i� the series. The job class with the next highest rate of pay shown
in Appendix A shall be the next highest level job class in the series, and so on down to the
last job class. When the number of employees in higher level job classes is to be
reduced, employees will be offered reductions to the next highest level job class, whether
or not the employee previously was appointed to such job class, in which class seniority
would keep the employee from being laid off.
It is understood that an employee being reduced shall have that employee's class
seniority in his/her current job class (and any appropriate class seniority in any lower level
job class that the employee previously held) used to determine rights to positions at the
time of the reduction. Thereby, employees whose positions are to be reduced shall have
the right to displace empfoyees with less class seniority in that job class. The employee
with the least class seniority in the job class shall then be reduced to the next lowest title
for which the employee has more senioriry than the least senior employee in that job
class. Employees being reduced shall not have the ability to reduce to abolished job
classes shown in Appendix A, unless the employee was previously appointed to such job
� class, has no breaks in employment since appointed to such job class, and there remain
employees actively employed in that job class at the time of the layoff.
6.4 Recall From Workforce Reductions Recall from workforce reduction shall be in order of
class seniority within the job class from which the layoff occurred. However, recall rights
shall expire after two (2) years from the date of the layoff.
6.5 Class Senioritv Determination Followinq Voluntarv Reduction. In the event that an
employee requests a voluntary reduction to a lower level job class, and such request is
approved by the Human Resource Department for the Employer, then the empfoyee's
class seniority in the job class to which the employee is being reduced shall be the
continuous length of probationary and regular service with the Employer from the date the
employee was first appointed to the job class in this Agreement to which the employee will
be reduced (this would also include any continuous service time in higher level job
classes covered by this Agreement). If the employee is reduced to a lower level job class
not previously held, then the employee's class seniority in the job class to which the
employee is being reduced shall be the continuous length of probationary and regular
service with the Employer from the date the employee was first appointed to any higher
level job class covered by this Agreement.
Voluntary reductions will only be approved if the reduction is to a vacant position in a
lower level job class. It is understood that the employee will have no reinstatement rights
back to the former higher level job class following the voluntary reduction. If the
employee is reappointed to the higher level job class through the appropriate testing and
selection procedures, then the employee's class seniority in that job class will begin as if
newly appointed to that jo6 class. No employee will have the ability to voluntarily reduce
to any of the abolished job classes shown in Appendix A.
•
ARTICLE 6. SENIORITY (continued)
6.6 Senioritv For Biddinq On Location
6.6.1 Biddinq For Location. Annually, after the beginning of the school year, the
Office of Facility Operations will post a listing of vacant positions in the job
classes Custodian, Facility Services Worker, and Custodian-Engineer 1, with
the locations of the vacancies. Employees who have been certified and
appointed to one of the above listed job classes may bid for an assignment in
that same job class at a different location shown on the posting. Bids for
assignments will be honored in order of class seniority in that job class
providing the employee is qualified for the assignment. No other positions are
posted for bid. Vacancies in new buildings will be open to bidding only by
employees who have had satisfactory or higher performance ratings for at least
the preceding year. Custodian-Engineer 1 vacancies in new buildings will be
listed only to allow employees in that job class to express interest in being
considered by submitting a letter to the department head.
a) Additional vacancies in the specified job classes during the school year will
be similarly posted for bidding at least four (4) additional times during the
year, if there are appropriate vacancies available.
b) An empioyee who has been reassigned as a result of the bidding process is
not eligible for any further bidding for at least one (1) year. An employee
whose shift is changed significantly on a permanent basis, or whose shift is
changed from a daily assignment at one location to more than one location,
may bid once again in the same year.
•
c) Nothing in this provision shall be construed to limit the right of the Employer
to transfer an employee to another location without bidding if there is �
reason to do so.
6.62 W hen there is a reduction in the number of positions in a job class at a specific
building, but the overall number of oositions in the iob class District-wide has
not been reduced, then classification seniority applied District-wide will be used
to determine who is transferred out of that building.
6.6.3 If any fuli-time employee's position at a specific building is eliminated and/or
changed to require the employee be scheduled to regularly perform work in two
buildings, the newly assigned employee will:
a) Have the employee's class seniority recognized in the second building(s).
b) Have the employee's class seniority recognized in the new building(s) and
may use such class seniority in the new building(s) assignment for purpose
of displacing the employee with the least class seniority in the same
classification from that employee's scheduled shift, providing the newly
assigned empioyee has more class seniority than the employee being
displaced. Full-time employees may not displace part-time employees, and
part-time employees may not displace full-time employees.
c) Retain the right to reclaim that empioyee's original position in the first
location should it reopen in the next thirteen (13) months, provided the
employee has not accepted a position through any bid process.
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'`�-7_g ��
6.6.4 A full-time employee whose position is eliminated and who is assigned to a
`floate�' assignment in the employee's job class, at that time, shall have the
right to displace the least senior employee in the same job class who holds a
building assignment. If a"floate�' position remains as an available vacancy, the
displaced least senior employee can be reassigned to a"floate�' position in the
same job class.
A full-time employee whose position is eliminated and who is placed in an
assignment in the empfoyee's job class that is more than two (2) hours ditferent
than the shift assignment prior to the position elimination, at that time, shall
have the right to displace the least senior employee in the same job class who
holds a shift assignment that is within two (2) hours of the shift assignment prior
to the position elimination. If a"floater' position remains as an available
vacancy, the displaced least senior employee can be reassigned a"floate�'
position in the same job class.
ARTICLE 6. SENIORITY (continued)
6.7
Senioritv For Shift Selection
6.7.1 All shifts and work areas are determined by the Employer. Nothing in this
Section 6.7. should be construed to limit the right of the Employer (department
head or designee) to change an employee to another shift or work area if there
is reason to do so.
6.7.2 There is no building seniority status for the purpose of bidding on locations or
shifts.
6.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by
� the Employer, and is planned to continue for more than thirty (30) working days,
ten shift assignment for employees in that building in the classification of the
adjusted shift shall be re-bid. Class seniority shall be the determining factor, so
long as the employee is qualified and able to perform the duties of the
assignment.
•
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6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in
the building. Plant Planning and Maintenance will review and determine any
schedule or classification change, and whether the vacancy will be filled. If the
vacancy is to be filled, the position will then be offered for location bid pursuant
to Section 6.6.1 of this Article.
6.7.5 When a shift change of more than four (4) hours occurs in a position or several
positions, then the position(s) shall be offered for bid pursuant to 6.6.1 of this
Article. An employee displaced by the re-bid shall be eligible to bid for any
other vacancy in that year even if the employee had successfully bid earlier in
the same year prior to being displaced.
Senioritv Termination. All seniority shall terminate when an employee retires, resigns or is
terminated.
Senioritv Consolidation. Effect(ve August 1, 1993, the job classes Custodian' and Facility
Services Worker will be treated as a single job class for purposes of:
6.9.1
6.9.2
6.9.3
6.9.4
Layoff and recall rights determination, except for the limitations on rights to
abolished titles as described in 6.3 of this Article.
Bidding on work location as described in 6.6 of this Article
Bidding on shift selection within a location as described in 6.7 of this Article.
Job assignment as determined by the Employer within any location .
ARTICLE 7. VACATION
7.1
Vacation credits shall accumulate at the rates shown beiow for each full hour on the
payroll, excluding overtime.
Years of Service
7.2
tstthrough 4th year
5th through 9th year
10th through 15th year
16th year through 23rd year
24th year and thereafter
Calculations are based on 2,080 hour work year and shall be rounded off to the nearest
hour.
Annual Hours
of Vacation
Earned Per
Hour on Pavroll
.0500
.0692
.0769
.0923
.1115
Annual
Hours
Earned
104
144
160
192
232
Days
Earned
13
18
20
24
29
An employee may carry over into the next "calendar" year up to one hundred sixty (160)
hours of vacation.
7.3 All vacation time shall be approved by the department head. Upon separation from
service, if employee has provided ten (10) calendar days' notice to the Employer in
writing, any unused, accrued vacation shall be paid at the employee's current rate of pay.
If an employee has been granted more vacation than the employee has earned up to the
time of separation from service, the employee shall reimburse the District for such
unearned vacation at the employee's current rate of pay. If an employee is separated
from service by reason of discharge, retirement or death, the employee shall be paid for
any unused, accrued vacation earned up to ihe time of such separation.
7.4 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a total of forty [40] hours) in any year.
7.4.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as described in Article 19.
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ARTICLE 8. HOLIDAYS � � ? �
• 8.1 Holidavs Recoqnized and Observed. The following days shall be recognized and
observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible employees 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.
For those employees assigned to a work week other than Monday through Friday the
following language shall apply. W henever any of the holidays listed above fall on the first
day of an employee's two (2) consecutive days off following that employee's normal work
week, the last day of the employee's normal work week preceding the holiday will be
observed as the holiday. Whenever any of the holidays listed above fall on the second
day of the employee's two (2) consecutive days off following that employee's normal work
week, the first day of the employee's normal work week following the holiday wiil be
� observed as the holiday.
8.2 Eliqibilitv Requirements. "To be eligible for holiday pay, employees must have been
compensated on the payroll (i.e., hourly pay, vacation, sick leave) for all scheduled hours
of their last scheduled workday before the holiday or for work on the holiday.
8.3 If an employee entitled to a holiday is required to work on Martin Luther King, Jr. Day or
Presidents' Day, he/she shall be granted another day off with pay in lieu thereof as soon
thereafter as is reasonable; the specific date shall be determined by agreement between
the employee and the operations coordinator, subject to approval of the department head;
�
He/she shall be paid on a straight-time basis for such hours worked, in addition to his/her
regular holiday pay.
If an employee entitled to a holiday is required to work on New Yea�'s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving or Christmas
Day, he/she shall be recompensed for work done on this day by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis or such hours worked, in addition to the regular holiday pay.
8.4 Notwithstanding Article 8.2, a temporary employee shall be eligible for holiday pay only
after such employee has been employed as a temporary employee for sixty-seven (67)
consecutive workdays.
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ARTICLE 9. HOURS AND PREMIUM PAY
9.1 Definitions. The purpose of this Section is to provide a basis for computation of straight �
time, overtime, and other wage calculations, and nothing in this Articie shall be construed
as a guarantee or commitment by the Employer to any individual employee of a minimum
or maximum number of hours of work.
9.1.1 Week. A week shall consist of seven (7) consecutive days beginning at 12:01
A.M. on Monday and ending at 12:00 midnight the following Sunday.
9.12 �. A day shall consist of twenty-four (24) consecutive hours beginning at
12:01 A.M. at the start of a calendar day and ending at midnight of that day.
9.1.3 Normal Work Schedule. The normal work schedule for employees covered by
this Agreement shall consist of forty (40) hours or work scheduled on five (5)
consecutive eight (8) hour workdays. The department head, with the
concurrence of the Union, may modify the work schedule to consist of forty (40)
hours of work scheduled on four (4) consecutive ten (10) hour workdays. The
hours worked in a day shall be consecutive excluding any unpaid lunch period
scheduled during the employee's assigned workday. The unpaid lunch period
may not exceed one (1) hour in length.
92 Cali-in Pav. When an employee is called to work, the employee shall receive two (2)
hours of pay at the employee's normal hourly pay rate if the employee reports to work as
called and is then not put to work. If the employee is called to work and commences
work, the employee shall be guaranteed four (4) hours of pay at the employee's normal
hourly pay rate. These provisions, however, shall not be effective when work is unable to
proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to any person whose regularly-scheduled workday is less than
four (4) hours per day. •
9.3 Premium Pav for Shift Differential. Effective March 4 1995. Any employee who works on
a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differentiai for
the entire shift. The shift differential shall be five percent (5%) of the base rate. If an
employee requests a day shift (starting at or before 1 p.m.) and that request is granted,
the empioyee will not receive night shift differential for any day shift worked.
9.4 Special Dutv Pav. Employees assigned to work in the speciai duty category of custodial
worker shall be paid at ninety percent (90%) of the rate paid for positions in the
Custodian* job class.
9.5 Lonqevitv Pav. Employees who have completed twenty (20) full-time equivalent years of
service with the Employer shall receive an additional $.15 (15¢) per hour above the
normal hourly rate of pay.
9.6 Overtime. Work performed in excess of forty (40) hours of work in a normal work
schedule or eight (8) hours of work in a normal workday will be considered overtime.
Overtime work shali be done only by order of the department head. Overtime shall be
paid at the rate of one and one-half (1-1/2) times the employee's current hourly pay rate
including applicable shift differential or premiums. Employees assigned to work on four
(4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of
ten (70) hours in the workday.
The overtime compensation due the employee shall be paid at the rate herein cited, or by
granting compensatory time on a time and one-half basis if mutually agreed to by the
District and the employee.
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ARTICLE 9. HOURS AND PREMIUM PAY (continued) i ��
• 9.7 Equalization of Overtime. The purpose of this Subdivision is to state clearly the intent of
the parties regarding procedures which will be used to caii and/or assign empioyees in the
unit for overtime work during the term of the 1998-2000 Labor Agreement. See Appendix
B for language.
These procedures shall become effective beginning with the first full month after the
Board of Education adoption of the 1998-2000 Labor Agreement. Renewal, revision, or
continuation of these provisions will occur oniy if the parties so agree. Absent such
agreement, the provisions of this Appendix B terminate June 30, 2000.
ARTICLE 10. WORKING OUT OF CLASSIFICATION
10.1 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 from ihe employee's regular position, and which is in a classification
higher than the classification held by such employee.
102 The Employer shall avoid, whenever possibie, 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 shall receive
� the rate of pay for the out-of-class assignment in a higher classification beginning on the
sixteen (16th) consecutive working day of such assignment. The rate of pay for an
approved out-of-class assignment shall be the same rate the employee would receive if
such employee received a regular appointment to the higher ciassification.
10.3 An employee who otherwise would receive a shift differential shall not lose the shift
differential during any portion of the out-of-class assignment prior to being paid the rate of
pay for the higher classification.
10.4 The provisions of the 1996-98 contract Article 14.1.2 are effective July 1, 1998 through
September 22, 1998.
ARTICLE 11. SUPERVISORY ASSIGNMENT
11.1 An engineer who is assigned to supervise other employees will be at least one title higher
in the series than the employees he/she supervises.
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ARTICLE 12. UNIFORMS
12.1 Employees in this bargaining unit are required to wear uniforms when on duty. Uniforms •
will be supplied as follows:
The District will initially provide each employee (or newly appointed empioyee) with five (5)
shirts or five (5) smocks. Each year thereafter, the District will provide employees with
three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested
and received the initial five (5) shir[s or five (5) smocks prior to implementation of this
provision will be considered already initially supplied.
122 Uniform shirts will be worn at all times when school is in session including summer
school, and/or whenever the school building or site is scheduled through usual
procedures for use by the public. During school vacation periods the uniform shirt will be
optional. However, for employees who choose to not wear the uniform shirt during school
vacation periods, the standard dress rules are in effect. Uniform shirts are to be worn
only while at work, and en route. The employee is not to wear the uniform shirt during
personal events and activities, work outside the School District, or incidental stops at
places selling on-sale liquor, or other such places not consistent with the image of the
School District.
12.3 Each employee is responsible for laundering, pressing, and making minor repairs, such
as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair
during the course of duty, it will be repiaced at no cost to the employee when the
damaged shirt is returned to the District. Normal wear will not be considered for
replacement except through the annual cycle. The District will attempt to provide the
replacement shirts at the beginning of each school year.
12.4 Safetv Shoes. The District agrees to pay thirty dollars ($30) per year toward the cost of ,
safety shoes required by the Employer and purchased by an employee who is a member
of this unit, under the following conditions:
12.4.1 The District shall contribute toward the cost of one (1) pair of shoes per
contract year and shall not be responsible for any additionai cost of any
additional shoes hereafter.
t2.42 This reimbursement of thirty doilars ($30} shafl be made only after verification
of expenditure and approval by the Department head or designated supervisor
of the employee.
12.4.3 This thirty dollars ($30) Employer contribution shall apply only to those
employees who are required to wear protective shoes or boots by the
Employer, and the contribution shall not exceed the actual cost of such shoes
or boots.
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•
ARTICLE 13. LEAVES OF ABSENCE
�, �,. _ � 8
13.1 Leave of Absence. After three (3) months of employment, an employee may make
application for a leave of absence without pay or employer-paid benefits not to exceed
one (1) year. Requests for Ieave of absence shall be submitted to the Human Resource
Department for consideration not less than sixty (60) days prior to the requested date of
the leave. Granting of such leaves will be subject to the operational needs and approval
of the Employer.
13.2 Sick Leave. Sick leave shall accumulate for regularly appointed employees at the rate
of .0576 of a working hour for each full hour on the payroll, excluding overtime. In no
case shall sick leave with pay be granted in anticipation of any future accumulation. Sick
leave accumulation is unlimited. To be eligible for sick leave, the employee must call
his/her supervisor to report the illness as described in 13.5 of this Article.
13.3 Usino Sick Leave Credits. Any employee who has accumulated sick leave credits as
provided above shall be granted leave with pay for such time as the appointing supervisor
deems necessary for any of the following reasons:
13.3.1
13.3.2
Sickness or injury of the employee.
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.
13.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the
supervisor in the event of death of the employee's brother-in-law, sister-in-law,
stepparent, stepchild, stepbrother, or stepsister.
�
13.4 Employees may be granted sick leave for such time as is actuaily necessary for the
following:
13.4.1
13.4.2
Office visits to physicians, dentists, or other health care personnel.
In the case of sudden sickness or disability of a household member, up to four
(4) hours for any one instance.
13.4.3 Up to three (3) days of accumulated sick leave may be used in a contract year
to allow the employee to provide necessary care for the serious or critical
iliness of a spouse, or dependent parent. These days when used are
deductible from sick leave, and verification of iliness may be required.
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ARTICLE 13. LEAVES OF ABSENCE (continued)
13.5 Requestinq Sick Leave. No sick leave shall be granted for the above reasons unless •
the employee reports to his/her supervisor the necessity for the absence no later than one
(1) hour before his/her regular scheduled starting time. For an employee whose shift
begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by
10:00 A.M. The employee must cali his/her supervisor on each day of the illness by the
times specified, unless the requirement to call in is waived by the supervisor after
verification of extended illness. Sick leave will not be granted to any employee who does
not properly report the necessity tor the absence, unless he/she can show to the
satisfaction of the supervisor that the failure to repoR was excusable. Employees will be
reqwred to provide medical verification of the illness at the discretion of the supervisor.
For the purposes of Articles 13.5 and 13.5.1, medical verification will be defined to mean,
"A written note issued from a qualified treating medical provider during the period the
employee was absent from work." The medical verification will be provided to the
Employer before the employee returns to work.
13.5.1 Sick Leave - Medical Verification. Employees will be required to provide
medical verification of the iliness at the discretion of the supervisor, and
especially noting the following circumstances:
(1) An employee who used more than ten (10) sick days per year is likely
to be required to provide medical certification of illness.
(2) Absences which reflect a pattern are likely to result in a medical
certification requirement.
Examples: •
(a) Frequent absences on Fridays and Mondays.
(b) Absences preceding/following recognized holidays.
(3) Reasonable cause to suspect that sick leave is being requested
inappropriately is likely to result in certification requirement.
Prior to requiring medical verification, the supervisor will meet with the
employee (and Head Engineer). The employee will have the right to have union
representation at the meeting. The supervisor will notify the employee in writing
that medical verification will be required for any further sick leave usage.
After the end of every school year, there will be a review of the medical
certification requirement for all affected employees unless the requirement has
been in place less than nine (9) months. This review may or may not result in a
change of the medical certification requirement. The employee will be notified
in writing as to the status of this requirement. The written notice will be sent to
the employee with a copy to the Building Head and the Union.
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ARTICLE 13.
LEAVES OF ABSENCE (continued)
� ��28
13.6 Sick Child Care. An employee who has worked for the District for at least twelve (12)
consecutive monihs for an average of twenty (20) 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 ill 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 § 181.9413 and shall
remain available so long as provided in statute.
13.7 Familv Medical Leave. Leaves of absence shall be granted as required under the federal
law known as the Family and Medical Leave Act (FMLA) so long as it remains in force.
The Human Resource Department provides procedures.
13.8 An employee shall be paid under the provisions of this paragraph only for the number of
days or hours for which he/she would normally have been paid if he/she had not been on
sick leave.
13.9 No employee shall be granted sick leave with pay for treatment of chemical dependency
more than twice.
13.10 Maternitv/Parental Leave. 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 ai any
time during the period stated above and the Employer may approve such leave at its
option, and such leave may be no longer than one (1) year. Parental Ieave shall be
granted to employees for the birth or adoption of a child in accordance with applicable
state and federal laws.
13.11 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (t)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a total of forty [40] hours) i� any year.
13.11.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as defined in Article 19.
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13.12 Sick leave Incentive. During the Iife of this Agreement, the parties agree to a pilot project
in an attempt to reduce unplanned absences. If an employee does not use any sick leave
(personal illness, sick child, etc.) in the nine (9)-month period from September 1 through
May 31, the employee will be credited with eight (8) additional hours of vacation time.
This applies for the 1998-99 and 1999-2000 school years. This provision is effective until
June 30, 2000, and does not automatically renew.
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ARTICLE 14. MILITARY LEAVE OF ABSENCE
14.1 Pav Allowance. Any employee who shall be a member of the National Guard, the Naval �
Militia or any other component of the miiitia of the state, now or hereafter organized or
constituted under state or federal law, 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, shail be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for ail 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 for state or federal purposes, provided that such leave
shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that
such leave shail be aliowed only in case the required military or naval service is
satisfactorily performed, which shall be presumed unless the contrary is established.
Such leave shall not be allowed unless the employee: (1) retums to his/her position
immediately upon being relieved from such military 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.
14.2 Leave without Pav. Any employee who engages in active service in time of war or other
emergency declared by proper authority 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.
14.3 Such leaves of absence as are granted under Article 9 shall 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.
ARTICLE 15. COURT DUTY
15.1 Any employee who is required to appear in court as a juror or witness shall be paid his/her
regular pay while so engaged, provided, however, that the employee is not appearing as a
witness in litigation undertaken by the employee or the Union against the District; further,
any fees that the employee may receive from the court for such service shall be paid to
the Employer and be deposited with the District Office of Business and Finance. Any
empioyee who is scheduled to work a shift other than the normal daytime shift, shall be
rescheduled to work the normal day[ime shift during such time as the empioyee is
required to appear in court as a juror or witness.
ARTICLE 16. WAGE SCHEDULE
16.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto.
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ARTICLE 17. EMPLOYEE BENEFITS
SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE
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1.1 The Employer will continue for the period of this Agreement to provide for active
employees such health and life insurance benefits as are provided by Employer at the
time of execution of this Agreement.
1.2 Elioibilitv Waitinq Period. Three (3) full months of continuous regularly appointed
service in Independent School District No. 625 will be required before an eligible
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 Section, full-time employment is defined as
appearing on the payroll regularly 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 Section, half-time employment is defined as
appearing on the payroll regularly 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.
Regularly-scheduled hours are the daily hours which are specifically authorized for the
employee and assigned by the supervising administrator, and verified by the Human
Resource Department, as the regular schedule. Occasional work time assigned in
excess of the minimums stated in 1.3 and 1.4 shall not be construed as providing
eligibility for insurance premium payment.
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NOTE: Any employee who is regularly scheduled for less than twenty (20) full hours of
work per five (5)-day week or who is scheduled irregularly is ineligible for any
benefits described in this Section.
Nothing in this Agreement shail be construed as a guarantee of any hours of
work.
1.5 Emplover Contribution Amount--Full-Time Emplovees. Effective July 1, 1998, for each
eligible employee covered by this Agreement who is employed full time and who selects
employee insurance coverage, the Employer agrees to contribute the cost of such
coverage or $195 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
$330 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 sefects 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.
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1.52 Effective January 1, 2000, for each eligible employee covered by this
Agreement who is employed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $220
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 $395 per month, whichever is less.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
1.6 Emplover Contribution Amount: Married Couples. Full-time employees who are married
to another District employee and who are covered under their spouse's health plan may
waive the single or family contribution to health insurance and receive up to $150 per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the full cost of family coverage and cannot be appiied in cases where the
spouse is receiving health insurance through the DistricYs cafeteria benefits plan.
1.7 Emolover Contribution Amount--Half-Time Emolovees. For each eligible employee
covered by this Agreement who is employed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time employee who selects family insurance coverage, the
Employer will contribute fifty percent (50%) of the amount contributed for full-time
employees selecting family coverage in the same insurance plan. Part-time employees
are not eligible for any of the married couple contributions in Subd. 1.6.
1.7.1 Notwithstanding Section 1.7 above, employees covered by this Agreement and
employed half time prior to January 1, 1978, shall receive the same insurance
contributions as a full-time employee. This Section �.7.1 applies only to
employees who were employed half-time during the month of December 1977
and shall continue to apply only as long as such employee remains
continuously employed half time.
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1.8 Life Insurance. For each eligible employee, the Employer agrees to contribute to the
cost of $50,000 life insurance coverage. The total premium contribution by the Employer
for all life insurance coverage shall not exceed $11.10 per month. This amount shall drop �
to $5,000 of coverage (in the event of early retirement) until the retiree reaches age 65;
then all Employer coverage shall terminate.
1.9 Lonq-Term Disabilitv. Effective, January 1, 1999, or each eligible employee, the
Employer agrees to contribute to a long-term disability plan. The total premium
contribution by the Employer for this coverage shall not exceed $10 per month.
1.10 Flexible Spendinq Account. It is the intent of the Employer to maintain during the
term of this Agreement a plan for medical and child care expense accounts to be
available to employees in this bargaining unit who are eligible for Employer-paid premium
contribution for health insurance for such expenses, within the established legai
regulations and IRS requirements for such accounts.
7.11 The contributions indicated in this Section 1. shall be paid to the Employer's group health
and welfare plan.
1.12 Any cost of any premium for any Emp�oyer-offered employee or family insurance
coverage in excess of the dollar amounts stated in this Section shall be paid by the
employee through payroll deduction.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
• SECTION 2. RETIREMENT HEALTH INSURANCE
Subd, 1. Benefit Eliqibilitv for Emplovees who Retire Before Aae 65
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1.1 Emplovees hired into District service before Julv 1, 1996, must have completed the
following service eligibility requirements with Independent 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:
1.2
1.3
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.
C.
D.
E.
Must be at least fifty-five (55} years of age and have completed twenty-five (25)
years of service, 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, or;
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 1.1 E.
Emplovees hired into District service after Julv 1. 1996. must have completed twenty (20)
years of service with Independent School District No. 625. Time with the City of Saint
Paul will not be counted toward this twenty (20)-year requirement.
Eligibility requirements for all retirees:
A. A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent School District No. 625
employee and eligible for and is enrolted in the independent Schoof District fVo.
625 health insurance program, or in any other Employer-paid health insurance
program.
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Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
Subd. 2. Emplover Contribution Levels for Emolovees Retirinq Before Aqe 65
2.1 Health Insurance Employer Contribution
The District will for the period of this Agreement provide employees who meet the
eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term
of this Agreement, and until such employees reach sixty-five (65) years of age, such
health insurance premium contributions up to the same dollar amount as were made by
the District for health insurance for single or family coverage by that carrier, for an
employee under this Agreement, in his/her last month of active employment. In the event
new carriers replace those in place at execution of this Agreement, the dollar amounts
being paid for single or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any employee who is receiving family
coverage premium contribution at date of retirement may not later claim an increase in
the amount of the Employer obligation for single coverage premium contributions to a
carrier after deleting family coverage.
22 Life Insurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 12
above, premium contributions for eligible retirees for $5,000 of life insurance only until
their 65th birthday. No life insurance will be provided, or premium contributions paid, for
any retiree age sixty-five (65) or over.
Subd. 3 Benefit Eliaibilitv for Emplovees After Aqe 65
3.1 Emplovees hired into the District before Julv 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 in Subd. 4 of this Article.
3.2 Emplovees hired into the District before Julv 1. 1996, who retire at age 65 or older must
have completed the eligibility requirements in Subd. 1 above or the following eligibility
requirements to receive District contributions toward post-age-65 health insurance
premiums:
A. Employees hired before January 1, 1987, must have remained continuously
employed by the District. For such employees or early retirees who have not
completed at least twenty (20) years of service with the District at the time of their
retirement, the Employer will discontinue providing any health insurance contributions
upon their retirement or, in the case of early retirees, upon their reaching age 65.
B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have
completed twenty (20) years of continuous employment with the District. For such
employees or early retirees who have not completed at least twenty (20) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul earned prior to July 1, 1996,
will continue to be counted toward meeting the DistricYs service requirement of this Subd.
3. Civil service time worked with Ciry of Saint Paul after May 1, 1996, will be considered a
break in District employment.
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Coveraqe Twe
Medicare Eligible
Non-Medicare Eligible
ARTICLE 17. EMPLOYEE BENEFITS (continued)
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3.3 Emplovees hired on or after Julv 1. 1996, shall not 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
July 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emplover Contribution Levels for Retirees After Aqe 65
4.1 Emplovees hired into the District before Julv 1. 1996 and who meet ihe eligibility
requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District.
Premium contributions for such policy will not exceed:
Sinqle Familv
$300 per month $400 per month
$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.
Subd.5. Emplovees hired after Julv 1. 1996, after completion of three (3) full years of
consecutive active service in Independent School District No. 625, are eligible to
� participate in an employer matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District will match up to $500 per year of consecutive active
service, up to a cumulative lifetime maximum of $12,500. Part-time employees working
half-time or more will be eligible for up to one half (50°/a) of the available District match.
Approved non-compensatory leave shall not be counted in reaching the three (3) fuli
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.
Federal and state rules governing participation in the Minnesota Deferred Compensation
Plan shall apply. The employee, not the District, is solely responsible for determining
his/her total maximum allowable annual contribution amount under IRS regulations. The
employee must initiate an application to participate through the DistricYs specified
procedures.
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ARTICLE 18. MILEAGE
18.1 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 rate approved by the Board of Education or 31 ¢ per mile, 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 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 19. SEVERANCE PAY
19.1 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.
19.2 To be eligible for the severance pay program, the employee must meet the following
requirements:
192.1 The employee must be fifty-five (55) years of age or older or must be eligible for
pension under the "Rule of 90" provisions of the Public Employees Retirement
Association (PERA}. The "Rule of 85" or the "Rule of 90" criteria shall afso
apply to employees covered by a public pension plan other than PERA. �
19.2.2 The employee must be voluntarily separated from Schooi 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.
19.2.3 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 or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
19.3 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 $65 pay for each day of accrued, unused sick leave, up to 231 days.
19.4 The mauimum amount of money that any empioyee may obtain through this severance
pay program is $15,000.
19.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, if the empioyee would have met ali 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.
19.6 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.
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ARTICLE 20. DISCIPLINE
20.1
202
20.3
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The Employer will discipli�e employees for just cause only. Discipline will be in the form
of:
20.1.1 Oral reprimand;
20.12 Written reprimand;
20.1.3 Suspension;
20.1.4 Reduction;
20.1.5 Discharge.
A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the
employee and the Union seventy-two (72) hours after such action is taken.
Employees and the Union will receive copies of written reprimands and notices of
suspension and discharge.
20.4 Employees may examine alI information in their Employer personnel file that concerns
work evaluations, commendations and/or disciplinary actions. Files may be examined at
reasonable times under the direct supervision of the Employer.
20.5 Preliminarv 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 schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee
shall have the opportunity to have union representation present and be provided the
opportunity to speak on his/her behaff regarding the proposed action. If the employee is
unable to meet with the supervisor, the employee and/or union will be given the
opportunity to respond in writing.
20.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a Union representative be present.
20.7 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 21 (Grievance Procedure); as an alternative option, such employee
can request a review, consistent with Minnesota Statute § 179A20, Subd. 4. Once 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 be subject to
the grievance review procedures through Step 3 only.
An employee who elects the contractual grievance procedure as the forum for review of a
disciplinary action has not thereby waived any rights secured to him/her under Minnesota
Statute § 197.46, other than the choice of forum for review.
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ARTICLE 21. GRIEVANCE PROCEDURE
21.1 The Employer shall recognize Stewards selected in accordance with Union rules and �
regulations as the grievance representative of the bargaining unit. The Union shall notify
the Employer in writing of the names of the stewards and of their successors when so
named.
212 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no loss of 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 deirimental to the work programs of the Employer.
21.3 The procedure established by this Article shall be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 7, for the processing of
grievances, which are defined as an alieged violation of the terms and conditions of this
Agreement. A grievance shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the employee's satisfaction by the informal
discussion. it may be reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the Agreement violated, and the relief requested. Any alleged
violation of the Agreement not reduced to writing by the Union within fourteen (14) •
calendar days of the first occurrence of the event giving rise to the grievance shall be
considered waived. At this step only, an e�ctension of seven (7) additional calendar days
shall be granted automatically if requested by the Business Representative or steward.
Step 2. Within fourteen (14) calendar days after receiving the written grievance, a
designated Employer supervisor shall meet with the Union steward and attempt to resolve
the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the
Employer shall reply in writing to the Union within fourteen (14) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14)
calendar days following receipt of the Employer's written answer. Any grievance not
referred in writing by the Union within fourteen (14) calendar days following receipt of the
Employer's answer shall be considered waived.
Steo 3. Within fourteen (14) calendar days following receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business Manager or
designated representative and attempt to resolve the grievance. Within fourteen (14)
calendar days following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer conceming the grievance. If, as a result of the written
response, the grievance remains unresolved, the Union may refer the grievance to Step
4. Any grievance not referred in writing by the Union to Step 4 within fourteen (14)
calendar days following receipt of the Employer's answer shall be considered waived.
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ARTICLE 27
GRIEVANCE PROCEDURE (continued)
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Step 4. If the grievance remains unresolved, the Union may within fourteen (�4) calendar days
after the response of the Employer in Step 3 by written notice to the Employer, request
arbitration of ihe grievance. The arbitratfon proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the Employer and the Union within
fourteen (14) calendar days after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said fourteen (14)-day period, either party may request
the Bureau of Mediation Services 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
Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The
process will be repeated and the remaining person shall be the arbitrator.
21.4 The arbitrator shall have no right to amend, modify, nullify, ignore. add to or subtract from
the provisions of this Agreement. 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 any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or varying in
any way the application of laws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) days following close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union, and the employees.
21.5 The fees and expenses for the arbitrator's services and proceedings shall be borne
� equally by the Employer and the Union, provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record.
21.6 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
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21.7 It is understood by the Union and the Employer that if an issue is resolved at any step by
this grievance procedure, that issue shall not again be submitted for review under the
provisions of the Rules and Regulations of Civil Service. It is further understood t(�at if an
issue is submitted and resolved at any step by the grievance procedure under the Civil
Service Rules and Regulations, It shall not be submitted for review and arbitration under
procedures set forth in this Article.
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ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-down, stay-in or other concerted interference with the Employer's business
or affairs by said Unions and/or the members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise.
222 No lockout, or refusal to allow employees to pertorm available work, shaii be instituted by
the Employer and/or its appointing authorities during the life of this Agreement.
ARTICLE 23. NONDISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equally without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
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232 Employees will perform their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public. �
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ARTICLE 24. TERMS OF AGREEMENT
c, y���g
24.1 Complete Agreement and Waiver of Bargaininq. This Agreement shall represent
the complete Agreement between the Union and the Employer. The parties
acknowledge that during the negotiations which resuited in this Agreement, each
had ihe unlimited rrght and opportuniiy to make requesis 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 obiigated
to bargain collectively with respect to any subject or matter referred to or covered in
this Agreement.
24.2 Savings 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 jurisdiction from
whose final judgment or decree no appeal has been takert within the time provided,
such provision shall be voided. All other provisions shall continue in fuil force and
effect.
24 3 Terms of Agreement. Except as herein provided, this Agreement shall be effective
as of July 1, 1998, and shall continue in full force and effect through the 30th day
of June 2000, , and shall be automatically renewed from year to year thereafter
unless either party shall notify the other in writing at least sixty (60) days before the
termination of this Agreement that it desires to modify or terminate this Agreement.
In witness thereof, the parties have caused this Agreement to be executed as signed
and dated below.
24.4 This const+tutes a tentative Agreemertt between the parties which will be
recommended by the District Negotiations and Labor Relations Manager, but �s
subject to the approval of the Board of Education, and is also subject to ratification
by the Union.
WITNESSES:
�� d, is98
Date �
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APPENDIX A: 1998-2000 WAGES
The houriy wage rates and salary ranges for classifications in this unit are effective
July 4, 1998, as follows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services Worker
Custodian`
Trainee
(Custodian-Engineer)
Probationary
Rate
$10.46
Probationary
Rate
$14.33
Entrv
$8.77
Probationary Base
Rate Rate
$18.33 $19.25
17.69 18.65
17,12 18.08
16.69 17.64
16.34 17.05
•
Base After After
Rate 1 vear 2�ears
$10.98 $11.93 $12.67
Base
Rate
$15.43
After
6 Months
$10.16
After
1 Year
$11.55
After
18 Months
$12.94
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shail be paid at the "Base Rate" hourly rate. Empioyees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the emp4oyee must complete a promotionat probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
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APPENDIX A: 1998-2000 WAGES
�'`� �?�
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The hourly wage rates and salary ranges for classifications in this unit are effective
July 3, 1999, as follows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board ot Education
Facility Services W orker
Custodian'
Tralnee
( C ustodian-E ng i nee r)
Probationary
Rate
$18.76
18.11
17.52
17.08
16.73
Base
Rate
$19.70
19.09
18.51
18.05
17.45
Probationary Base After After
Rate Rate 1 vear 2 vears
$10.70 $11.24 $1221 $12.97
Probationary Base
Rate Rate
$14.66 $15.79
After After
Entrv 6 Months 1 Year
$8.97 $10.40 $11.82
After
18 Months
$13.24
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate'
hourly wage rate, notwithstanding that the employee must complete a promotional probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
*Abolished except as to present incumbents.
31
APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE
The purpose of this Appendix is to state cieariy the intent of the parties regarding procedures �
which will be used to call and/or assign employees in the unit for overtime work during the term of
the 1998-2000 Labor Agreement.
These procedures shall become effective beginning with the first full month after the Board of
Education adoption of the 1998-2000 Labor Agreement. Renewal, revision, or continuation of
these provisions will occur only if the parties so agree. Absent such agreement, the provisions of
this Appendix B terminate June 30, 2000.
Section 1 Qualified Emplovees
A qualified person for all provisions of this policy is a regular full-time custodian or facility services
worker, or custodian-engineer who holds the appropriate license for the task, and has
demonstrated satisfactory job performance.
1.1 An employee who has specified physical restrictions which impair his/her ability to perform
a particular overtime task will not be assigned the overtime; for purposes of calling order
he/she will be considered, however, as having worked that overtime.
Section 2 Overtime Within a Buildinq
Employees assigned to a particular building will have the first opportunity to work overtime in that
building. Persons who are interested in working overtime in the building will be required to sign in
advance. The employees will be placed on a list in order of District seniority. When a need for �
overtime arises, the qualified most senior employee on the list will be called first unless the
employee has already worked overtime in that fiscal year. If the qualified most senior employee
has already worked overtime in that fiscal year, the next qualified employee on the list will be
called until all employees in the building have worked overtime. When all employees have worked
overtime, the process will be repeated. When an employee is asked to work overtime in the
building and refuses, he/she will be considered as having worked that overtime. If there are no
employees in the building who want to work overtime, then the overtime shall be classified as
District overtime and distributed as described below.
2.1 When an employee is newly assigned to a building, his/her overtime eligibility history for
that location wiii be determined by assigning to him/her the average of overtime hours
credited to date for all affected employees in that location (average of hours worked
and/or refused).
2.2 The overtime history of each employee wili be carried over from year to year in each
building for that building.
Section 3 District Overtime
When there is District overtime work to be done on a planned basis (i.e., it is of a non-emergency
nature), regular employees assigned as relief staff will have the first oppoRunity to work the
overtime. Qualified relief staff inembers will be contacted for the overtime work in seniority order
(i.e., most senior tirst) unless the employee has already worked overtime in that fiscal year. When
a qualified employee who is asked to work overtime refuses the work, he/she will be considered
as having worked that overtime assignment. If there are not sufficient qualified relief staff
employees available, qualified employees listed as available for emergency call out will be called •
by the same procedure.
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APPENDIX 8: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued)
• Effective July 1, 1998, the assigned relief staff will no longer have first opportun'ity to work District
overtime. In September of each year Facility Operations will allow people interested in working
District overtime to sign up to be called. The most senior employees in one of three groups, 1)
Facility Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for
overtime needed in the group based on seniority order, unless employee has already worked
overtime in that fiscal year. When a qualified employee who is asked to work oveRime refuses
the work, he/she will be considered as having worked that overtime assignment. If there are not
sufficient quatified relief staff employees available, quaiified employees listed as available for
emergency cail out will be called by the same procedure.
Section 4 Mandatorv Overtime
The District retains the right to institute mandatory overtime if there are inadequate volunteers to
meet District needs. The mandatory system requires that the least senior empioyee who has not
worked overtime wiil be required to work first and so forth. Should mandatory overtime become
necessary, empioyees who have voluntarily worked overtime wiii be credited with the hours they
have previously worked.
Section 5. Emerqencv Call Outs
This equalization of overtime does not apply to emergency call outs requesting that overtime be
worked. A.qualified employee who is willing to accept emergency overtime assignment
immediately upon notification may ask to be lisied as available. The District wili not list an
� empioyee for emergency call out if the employee has refused overtime work several times, or is
not qualified. The District, in assigning emergency call out, will do so as equitably as
circumstances permit.
5.1 The District will periodically provide to the Union a copy of the emergency call-out list, and
a tally of time worked.
Section 6. Overtime Resultinq from Buildinq/Proqram Moves
Overtime resulting from moving a program or a staff/student population from one building/location
to another will be treated as building overtime for staff in the location from which the move
originates. If more overtime workers are needed than the originating location can supply, the
District overtime procedure will be used to secure additional workers.
Section 7 Grievance Process
An alleged violation of these procedures can be presented to the Employer by the Union for
review under the grievance procedures of the labor contract through Step 3, as the final appeal.
Step 3 review is at the level of the Superintendent of Schools, or his/her designee.
•
33
APPENDIX C: ENGINEER 2-5 BIDDING
Biddinq for location Custodian-Enqineer 2-5 Positions
The parties agree to continue the pilot program allowing Custodial Engineer 2-S employees to bid
on job openings. This pilot will continue for the duration of the 1998-2000 contract, and will not be
automatically e�ctended as part of any successor agreement.
The Office of Facility Operations will post a listing of vacant positions in the job classes Custodian-
Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the
locations of the vacancies. Employees who have been certified and appointed to one of the
above listed job classes may bid for an assignment in that same job class at a different location
shown on the posting. Bidding will be only open to employees who have successfully completed
the probationary period and have satisfactory or higher performance ratings for at least the
preceding year. Bids for assignments will be honored in order of class seniority in that job class
providing the employee is qualified. This process requires that all Custodial Engineer 2-5
employees who bid be able to satisfactorily perform the full range of duties at the bid location from
the onset. With the rights to bid in this pilot process comes the responsibility to fully assess the
requirements of the location where he/she would bid and the strengths and weaknesses that
he/she may have.
a) Vacancies in the specified job classes during the school year will be posted
for bidding as they occur.
b) A Custodian-Engineer 2 who is assigned to evening shift must complete
one (1) year as an Engineer 2 before having the right to bid.
�
• If the Custodia�-E�gineer 2 assigned to evening shift bids on another •
evening shift and is reassigned as a result of this bidding process
he/she is not eligible for any further bidding for one (1) year.
• If the Custodian-Engineer 2 assigned to evening shift is reassigned to
a day shift as a result of this bidding process he/she is not eligible for
any further bidding for two (2) years.
• If the Custodian-Engineer 2 assigned to day shift is reassigned as a
result of this bidding process he/she is not eligible for any further
bidding for two (2) years.
• An employee whose shift is changed significantly (by more than two
[2] hours) on a permanent basis, or whose shift is changed from a
daily assignment at one location to more than one location, may bid
once again without waiting the full two (2) years.
c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a resuVt of
this bidding process is not eligible for any further bidding for three (3) years.
An employee whose shift is changed significantly (by more than two [2]
hours) on a permanent basis, or whose shift is changed from a daily
assignment at one location to more than one location, may bid once again
without waiting the full two (2) years.
•
34
APPENDIX C: ENGWEER 2-5 BIDDING (continued) ��� o ? g � f
• d) Nothing in this provision shall be consirued to limit the right of the Employer
fo transfer an employee to another Iocation without bidding if there is
reason to do so.
e) There will be no bidding assignments in new buildings. Custodian-Engineer
vacancies in new buildings will be listed only to allow employees in that job
class to express interest in being considered by submitting a letter to the
department head.
•
•
35
INDEX
B
Bidding......--° ............................................. 34
Bidding for Location .....................................8
C
Call-In Pay .................................................12
Court Duty ......................:...........................18
D
Discipline...................................................25
Dues............................................................ 3
E
Equalization of Overtime .....................13, 32
F
FairShare ....................................................3
Family Medical Leave ................................17
Flexible Spending Account ........................20
G
Grievance Procedure .................................26
H
Health Insurance .......................................19
Holidays.....................................................11
Hours .........................................................12
L
Leave of Absence ......................................15
Life Insurance ............................................20
Lockouts.................................................... 28
Longevity Pay ............................................12
Long-Term Disability ..................................20
M
Maternity/Parental Leave ...........................17
Mileage...................................................... 24
Military Leave Of Absence .........................18
N
Nondiscrimination ...................................... 28
O
Overtime....................................................12
P
PremiumPay .............................................t2
Premium Pay for Shift Differential ..............12
R
Recall From Workforce Reductions .............7
Retirement Health Insurance .....................21
S
Safety Shoes ..............................................14
Sen io rity ....................................................... 6
Seniority for Bidding On Location ................8
Seniority for Shift Selection ..........................9
Seniority Termination ...................................9
Severance Pay ...........................................24
Shop Steward ..............................................2
Sick Child Care ..........................................17
Sick Leave .................................................15
Sick Leave - Medical Verification ...............16
Sick Leave Conversion ........................10, 17
Sick Leave Credits .....................................15
Sick Leave Incentive ..................................17
Sick Leave Requests .................................16
Special Duty Pay ........................................12
Strikes........................................................28
T
Temporary Employment ..............................4
Temporary Employment Casual Service.....4
Temporary Employment Extended Service.5
Temporary Employment Short-Term...........4
U
Uniforms....................................................14
Union Membership .......................................3
Union Rights ................................................2
Union Stewards ............................................2
V
Vacation.....................................................10
W
Wages.................................................30, 31
Work Interference ......................................28
Work Schedule ..........................................12
Working Out of Ciassification ....................13
r
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Council File # °� � ��
0�(G1NAL
Presented
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 62417
��
Referred To Committee Date
1
2
3
4
Office of Labor Relations
���
Form App oved by Ci ttorney
By: �� e '�/� b�r��. ��
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
July 1, 1998 through June 30, 2000 Employment Agreement beriveen the Independent School Dishict
No. 625, Saint Paul Public Schools, and International Union of Operating Engineers Local No. 70,
Exclusive Representative for Custodians.
Adopted by Council:
Adoption Certified by Council
�
Requested by Depaztment of:
Approved by Mayor Date �-l�r�t� � � � � � �
By: <� �r 1�'1, �
UII / wI`�R �.�"
DEPARTMENT/OFFICE/COUNCII.: DATE INITfATED GREEN SHEET No.: 62417 � 1�`� �
LABOR RELAT'IONS 12/28/98
CONTACI' PERSON & PHONE: q �77A1/DATE IN177AL/DwTE
7ULIE KRAUS 266-6513 �I� 1 DEPARTMEN'P DIR _�El�. 4 CITY COUNCIL
NUIygEg 2 C1TY A7TORNEY < ^� CITY CLERK
MIJST BE ON COUNCII. AGENDA BY (DATE) FOR BUDGEf DIIt FiN. & MG7. SERVICE DIR
ROUTING 3 MAYOR (OR ASST.) �
ORDER �� ���
TOTAL # OF SIGNATURE PAGES_I (CLIP ALL LOCATIONS FOR SIGNATURE)
ncnox xeQUESrEn: This resolution approves the July 1,1998 through June 30, 2000 Employment Agreement
between Independent School District No. 625, Saint Paul Public Schools, and International Union of Operating
Engineers Local No. 70, Exclusive Representative for Custodians.
RECOhIIr1ENDAITONS: Approve (A) or Reject (R) PERSONAI, SERVICE COIVTRACPS M[JST ANSFVER 1TIE FOLLOWING �
QUESCIONS:
PLANNING CO1vIIvIISSION CIVIL SERVICE COM[.4SSION 1. Has this persodfum ever worked under a wntract for rt�is depaztment?
CTB COMA9TTEE Yes No
STAFF 2. Has tlus peaon/ficm ever ban a city employee?
DISIRICT COURT Yes No
SUPPORTS WFIICA COUNCIL OBlEC77VE? 3. Dces this pecsodfirtn possess a skill not no=mally possessed by azry cwrent city employee?
Ya No
Ezplain sli yes answers oo sepante s6eet and attsch to green s6eet
INTTIA7'ING PROBLEM, ISSUE, OPPORTUNITY (R'ho, What, W6en, Where, Why):
ADVANTAGES IF APPROVED: �'.;4 q°`LLi3 ii. C�:�••� '�,' ^"!;� ;a
This resolution pertains to Boazd of Education employees only.
_ ���. � � ����
DISADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACTION: COST/REVENOE BUDGETED:
EUNDING SOURCE: AC77VITYNUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
RECEIVEQ
DEC 3 0 1998
�iAYOR'S OFFICk
INDEPENDENT SCHOOI DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: September 22 1998
q 9 -a�'
ToP�C: Approval ofi Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schools, and Intemational Union of Operating
Engineers, Local No. 70, Exclusive Representative for Custodians
A. PERTINENT FACTS:
1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000.
2. Contract changes are as follows:
Waaes: Effective July 4, 1998, the salary schedule rates will be increased an average of
2.5%.
Effective July 3, 1999, the salary schedufe rates will be increased an average of 2.35%.
• Insurance: Increase the insurance premium contributions by the District from the current
insurance caps of $195 for single coverage and $330 for family coverage as follows:
Sinqle Familv
Effective January 1, 1999 $205.00 $375.00
Effective January 1, 2000 $220.00 $395.00
Effective January 1, 1999, full-time employees who are married to another District
employee and who are covered under their spouseis health plan may waive the single or
family contribution to health insurance and receive up to $150 per month toward their
spouseis family premium. This is consistent with other District contracts.
• Retiree Heaith Insurance: Language revised, removing options that created a tax liability
for employees.
• Severance Pav: Employees who retire and meet eligibility requirements will receive $65
per day for unused, accumulated sick leave up to a maximum of $15,000. This replaces
all previous severance pay plans.
• Holidavs: The Columbus Day holiday is deleted and replaced with the Day After
Thanksgiving. Veterans Day is converted to a vacation day. The eligibility language is
revised to be consistent with other contracts. These changes streamline the leave system
by aligning the leave system with the organizational calendar and reducing payroll
processing time.
• Trainina: The Memorandum of Understanding regarding training tor Custodial Engi�eers
will be extended through June 30, 2000.
3. The District has 269 regular employees in this bargaining unit.
.- ,:
Approval of Employment for Custodians
September 22, 1998
Page Two
4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim
6cecutive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement and Memorandum of Understanding concerning the terms and conditions of
employment of those employees in this school district for whom Internationai Union of Operating
Engineers, Local No. 70, is the exclusive representative; duration of said Agreement and
Memorandum of Understanding is for the period of July 1, 1998 through June 30, 2000.
� �-28 ��,
�
1998 - 2000
LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
and
�I
INTERNATIONAL UNION OF
OPERATlNG ENGINEERS
LOCAL 70
Term: July 1, 1998 through June 30, 2000
,
�
� Saint Paul Public Schools
L/ F E L O N G L E A R N/ N G
��
�
� Saint Paul Public Schools
L/ F E L O N G L E A R N/ N G
SAINT PAUL PUBL(C SCHOOLS
Independent School District No. 625
Board of Education
Mary Thornton Phillips - Chair
Greg Filice - Vice Chair
Gilbert de la O- Clerk
Neal Thao - Treasurer
Tom Conlon - Director
Becky Montgomery - Director
AI Oertwig - Director
Administration
William A. Larson -
Maureen A. Flanagan -
Luz Maria Serrano -
Lois M. Rockney -
Cy R. Yusten -
Interim Superintendent of Schools
Executive Assistant
Superintendent of Schools
Interim Assistani Superintendent
Accountability, Technology
and Support Services
Interim Executive Director
Fiscal Affairs and Operations
Assistant Superintendent
Teaching and Learning
�
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i
ARTICLE
Article
Article
Articie
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
TABLE OF CONTENTS
TITLE
PAGE
Preamble............................................................................................................... iv
Recog nition .............................................................................................................1
Defi n itions ............................................................�--................................................1
UnionRights ..............................................................�--..........................................2
ManagementRights ...............................................................................................3
TemporaryEmployment .........................................................................................4
Seniority.................................................................................................................. 6
Vacatio n ................................................................................................................10
Holidays ................................................................................................................11
Hours and Premium Pay ......................................................................................12
Working Out of Classification .............................�-�--.............................................13
Supervisory Assignment .......................................................................................13
Uniforms ...............................................................................................................14
Leaves of Absence ...............................................................................................15
Military Leave of Absence ....................................................................................18
CourtDuty ............................................................................................................18
WageSchedule ....................................................................................................18
EmployeeBenefits ................................................................................................19
Mileage.................................................................................................................24
SeverancePay .....................................................................................................24
Discipline..............................................................................................................25
Grievance Procedure ............................................................................................26
Strikes, Lockouts, Work Interference ...................................................................28
Nondiscrimination.................................................................................................28
Terms of Agreement ............................................................................................29
AppendixA: W ages ...........................................................................................30
Appendix B: Equa{ization of Overtime ................................................................32
Appendix C: Engineer2-5 Bidding .....................................................................34
In d ex ..................................................................................................................... 36
�
PREAMBLE
This Agreement is by and between independent School District No. 625 and Local Union
No. 70, International Union Of Operating Engineers, AFL-CIO.
This Agreement has been entered into between Independent School District No.625,
hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating
Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the
promotion of harmonious relations between the Employer and the Union, the establishment of an
equitable and peaceful procedure for the resolution of differences and the establishment of rates
of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge
that they shall pursue the above objectives in full compliance with the requirements of the Public
Employment Labor Relations Act of the State of Minnesota of 1971, as amended.
�J
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iv
ARTICLE 1. RECOGNITION
• 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, 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 under Case No. 73-PR-449-A, as amended, to read as follows:
All regular, probationary, and provisional engineering and building maintenance
personnel who are employed by Independent School District No. 625, and whose
employment service exceeds the lesser of 14 (fourteen) hours per week or thirty-
five percent (35%) of the normal workweek and more than sixty-seven (67)
workdays per year in the following classifications:
Custodian-E�gineer 5, Board of Education,
Custodian-Engineer 4, Board of Education,
Custodian-Engineer 3, Board of Education,
Custodian-Engineer 2, Board of Education,
Custodian-Engineer 1, Board of Education,
Facility Services W orker,
Trainee (Custodian-Engineer)
Custodian',
Custodial Worker*;
excluding supervisory, managerial, clerical, confidential, and temporary
employees, those exclusively represented by other labor or employee
organizations, and all other employees.
12 The parties agree that any new classifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall be
� recognized as a part of this bargaining unit, and the parties shall take all steps required
under the Public Employment Relations Act to accomplish said objective.
1.3 Temporary employees are recognized as within the unit covered by this Agreement,
however, except as specifically provided by this Agreement (see Article 4), temporary
employees shall not have nor acquire any rights or benefits other than specifically
provided by the provisions of the Civil Service Rules.
ARTICLE 2. DEFINITIONS
2.1 Collective Barqaininq. The Employer will bargain collectively with the Union with respect
to rates of pay, hours, and other conditions pertaining to employment for all of the
employees in the unit fiereinbefore set forth.
22 Maintenance of Standards. The Employer agrees that all 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 (Resolution No. 3250), at the time of the
signing of this Agreement, and the conditions of employment shall be improved wherever
specific provisions for improvement are made elsewhere in this Agreement.
2.3 Discrimination. The Employer will not interfere with, restrain or coerce the employees
covered by this Agreement because of inembership in or activity on behalf of the Union.
The Employer will not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any employee covered by this Agreement because of
membership in or activity on behalf of the Union, nor will it discourage or attempt to
• discourage membership in the Union, or attempt to encourage membership in another
Union.
*Abolished except as to present incumbents.
ARTICLE 3. UNION RIGHTS
3.1 The Union may designate employees within the bargaining unit to serve as Union
Stewards and shall be required to administer this Agreement.
3.2 The Union shall furnish the Employer and appropriate department heads and District
Negotiator with a list of Stewards and alternates, and shall, as soon as possibie, notify
said appropriate District officials in writing of any changes thereto. Only those who are
Officers and Stewards shall be recognized by the Employer for the purpose of ineetings.
3.3 There shall be no deduction from the pay of a Steward when directly involved in meetings
with management relating to the administration of this Agreement during working hours.
3.4 Designated Union representatives shall be permitted to visit employees on job sites and
at department buildings during working hours for the purpose of the administration of this
contract, so long as the Union representative does not interfere with the completion of the
employees' job duties.
3.5 Shop Steward. The Chief Steward or Assistant Chief Steward in the District will be
allowed to accompany an employee to meet with the Employer during regular working
hours for the purpose of grievance review and dispute resolution involving employees,
under the following conditions:
3.5.1
3.52
3.5.3
3.5.4
3.5.5
That only one employee from any one department be allowed to leave his/her
work.
That stewards will attend these meetings on their own time when they are held
outside of regular working hours.
That adequate notice is given to the supervisors so that permission may be
obtained from the Facility Operations Office.
That the steward has officially been designated as such by the Union.
Only the chief or assistant chief steward shall be excused for participation in
grievance and/or dispute resolution meetings.
3.6 A maximum total of eighty (80) hours without loss of pay per contract term will be ailowed
for the combined use of a maximum of four (4) shop stewards to participate in contract
negotiations, mediation, or arbitration meetings which are held during the regular working
hours of any of the stewatds. It is understood that Union and the Employer will, to the
greatest extent possible and reasonable, schedule such meetings outside regular
working hours, and stewards will attend the meetings when this is the case on their own
time.
3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay
for one (1) week to attend such convention. Vacation or compensatory time may be used
for this purpose. The Union shall give at least ten (10) working days' advance notice of
the employees who will be participating in such conventions.
•
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ARTICLE 3. UNION RIGHTS (continued)
� ;m28 �I�
• 3.8 Dues, Fair Share
3.8.1 Dues. 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 Employer by a representative of the Union
and the aggregate deductions of alI employees shall be remitted together with
an itemized statement to the representative by the first of the succeeding month
after such deductions are made or as soon thereafter as is possible.
3.82 Fair Share. Any present or future employee who is not a Union member shall
be required to contribute a fair share fee for services rendered by the Union.
Upon notification by the Union, the Employer shall check off said fee from the
earnings of the employee and transmit the same to the Union. In no instance
shall the required contribution exceed a pro rata share of the specific expenses
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.
3.8.3 The Union will indemnify, defend, and hold the Employer harmless against any
claims made and against any suits instituted against the District, its officers or
employees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The District will indemnify, defend, and hold the
� Union harmless against any claims made and against any suits instituted
against the Union, its officers or employees by reason of negligence on the part
of the Employer in making or fonvarding deductions under this Article.
3.8.4 The Employer will notify the Union in writing of all new employees covered by
this Agreement wiihin a reasonable time period of the employee's first day of
work. The Employer will notify the Union at regular intervals regarding
employee status changes, including unpaid leave, promotion, demotion,
resignation, layoff, and/or retirement.
ARTICLE 4. MAfVAGEMENT RIGHTS
4.1 The Union recognizes the right of the Employer to operate and manage its affairs in all
respects in accordance with applicable laws and regulations of appropriate authorities.
The rights and authority which the Employer has not officially abridged, delegated or
modified by this Agreement are retained by the Employer.
4.2 A public employer is not required to meet and negotiate on matters of inherent managerial
policy, which include, but are not limited to, such areas of discretion or policy as the
functions and programs of the Employer, its overall budget, utilization of technology, and
organizational structure and selection and direction and number of personnel.
•
ARTICLE 5. TEMPORARY EMPLOYMENT
The District and Union acknowledge three types of temporary employment: Casual Service, •
Short-term Service, and Extended Service. All persons employed in any temporary status or any
eutension of temporary service must knowingly consent to such extension and complete a
Temporary Employment Certification Form acknowledging the temporary nature of the
assignment. All persons employed in any temporary status will be members of the bargaining unit ,
following the completion of sixty-seven (67) workdays, and have the terms and conditions of
employment set forth in this Articfe. An extension ot temporary assig�ment dces not create any
continuing employment rights for the temporary employee.
5.1 Casual Service Temporarv Emplovment
Casual service temporary employment will be characterized by assignments that are less
than sixty-seven (67) days in duration, and the terms and conditions of employment are
established solely by the Employer. These are not positions covered by the bargaining
unit. Work assignments will typically be overflow work which serves as an extension of,
and not a replacement for, the normal workforce of regular employees.
52 Short-Term Temporarv Emplovment
5.2.1 Short-term temporary employment will be characterized by an initial
empioyment assignment for up to 1,040 hours. One extension for up to an
additional i hours will be permitted. A copy of the completed Temporary
Employment Certification Form signed at the time of the extension will be sent
to the Union.
5.2.2 Short-term temporary employees will be paid at the current minimum hourly �
rate in Appendix A for the job class hired.
5.2.3 Short-term temporary employees will receive paid time off for the named
holidays in Article 8.
52.4 There shall be no other access to contractual benefits except as specifically
stated in 5.2.3 above.
5.2.5 Short-term temporary employment work assignments typically will serve as
short-term replacements for positions normally filled by regular employees.
5.2.6 Such assignments will normally be to cover for the following conditions:
a) regular employees on paid leave,
b) regular employees on non-compensatory leaves with guaranteed
return,
c) vacancies in job classes where there is no list of eligible candidates
in place from which to make regular appointments,
d) positions that are of specific limited duration of less than twelve (12)
months in duration,
e) other similar assignments.
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ARTICLE 5. TEMPORARY EMPLOYMENT (continued)
• 5.3 Extended Service Temporarv Emplovment
Extended service temporary employment will be characterized by temporary employment
which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature.
5.3.1 If the District determines the assignment for a short-term temporary employee
must be extended beyond 2,080 hours, the assignment will be considered an
extended service temporary assignment.
5.3.1.1 The District, Union and temporary employee must agree to any short-
term temporary employment that is to be extended beyond 2,080
hours.
5.3.12 The District, Union and temporary employee will sign the Temporary
Employment Certification Form acknowledging the temporary nature
of the assignment.
5.3.1.3 Upon agreement, the temporary employee will be considered an
extended service temporary employee.
5.32 Extended service temporary employees will be paid at the current minimum
hourly rate in Appendix A for the job class hired.
5.3.3 Extended service temporary employees will have access to contractual benefits
as described in 5.3.3.1 through 5.3.3.4 below. The benefits in 5.3.3.1 through
� 5.3.3.4 will be effective the first full pay period after the completion of the first
2,080 hours in temporary status and after the signing of the Temporary
Employment Certification Form.
5.3.3.1 Paid sick leave time shall begin to accrue for all hours on the payroll,
based on a formula of .0576 hours time earned for each straight-time
hour on the payroll. Maximum accrual allowed is 200 hours. There
is no exchange of accrued unused sick leave for cash payment.
5.3.32 Paid personal leave time shall begin to accrue (as vacation), for all
hours on the payroll, based on a formula of .0385 hours time earned
for each straight-time hour on the payroll.
5.3.3.3 The employee shall have access to paid holidays as provided in the
labor agreement in Article 8, Section 8.5.
5.3.3.4 The employee shall be eligible for participation in and Employer
contribution to health care coverage and life insurance coverage as
provided for active regular employees in Article 17, Section 1.
Temporary employees will be required to contact the Benefits Office
to apply for appropriate benefits. No access or benefit beyond these
specified sections is granted or created or intended or implied. Any
cost of any premium for any District-offered employee or family
insurance coverage in excess of the specified District maximum
contribution limits shall be paid by the employee via payroll
deduction.
•
ARTICLE 5. TEMPORARY EMPLOYMENT (continued) _
5.3.4 There shali be no other access to contractuai benefits except those specifically •
stated in 5.3.3 above.
5.3.5 An extended service temporary employee who, through the appropriate merit
based examination procedures, becomes employed as a regular employee
covered by this Agreement during the period of Extended Service Temporary
Employment shall have his/her period of temporary employment in excess of
the initial 1,040 hours recognized toward completion of the probationary service
requirement in the regular appointment.
5.4 None of the provisions of this Article shail have any retroactive effect for any employee in
any temporary employment status prior to the effective date of this Article, July 1, 1993.
5.5 No access to continuing employment is created or intended by any provisions of this
Article.
ARTICLE 6. SENIORITY
6.1 General Class Senioritv. Class seniority shall be determined based on the continuous
length of probationary and regular service with the Employer (Independent School District
No. 625, Saint Paul Public Schools) from the date the employee was first appointed to a �
job class covered by this Agreement. Class seniority shall be understood to be on an
Employer-wide (District-wide) basis within each job class unless expressly stated
othenvise. In cases where two or more employees are appointed to the same class titie
on the same date, the seniority shall be determined by the employee's rank on the eligible
list from which certification was made.
6.1.1 It is further understood that only time worked for the Employer (Saint Paul
Public Schools) shall be considered for the purpose of seniority calculations.
The only exception is for regular employees currentiy empioyed by the
Employer as of July 1, 1993, who have accrued time in a job class represented
by the Union in service with the City of Saint Paul prior to July 1, 1993. For
those regular employees, the time in such job class with the City of Saint Paui
will continue to be considered as time with the Employer. If, however, the
employee has a break in employment with the Employer, (i.e., termination,
resignation, retirement) thereafter, if re-employed, only the time following the
employee's subsequent rehire to the Employer will be considered for purpose of
seniority calculation.
6.1.2 An unsuccessful completion of probationary period for a position with the City of
Saint Paul by any employee covered by this Agreement shall not be considered
a break in employment with the Employer. A successful completion of
probationary period for a position with the City of Saint Paul by any employee
covered by this Agreement shall be considered a break in employment with the
Employer.
\ J
ARTICLE 6. SENIORITY (continued) 4( a �� O
• 6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer
determines that it is necessary to reduce the workforce, employees will be laid off in
inverse order of class seniority in the job class from which the reduction is to occur. The
Employer must terminate the employment of all temporary and provisional employees in
that job class before any regular employee in that job class is laid off.
6.3 Class Senioritv Determination For Placemeni Followinq A Workforce Reduction. For
purposes of this Section, the job classes covered by this Agreement (excluding
Custodian-Engineer Trainee and abolished job classes) shall be considered one job class
series. The job class with the highest rate of pay shown in Appendix A shall be the
highest level job class i� the series. The job class with the next highest rate of pay shown
in Appendix A shall be the next highest level job class in the series, and so on down to the
last job class. When the number of employees in higher level job classes is to be
reduced, employees will be offered reductions to the next highest level job class, whether
or not the employee previously was appointed to such job class, in which class seniority
would keep the employee from being laid off.
It is understood that an employee being reduced shall have that employee's class
seniority in his/her current job class (and any appropriate class seniority in any lower level
job class that the employee previously held) used to determine rights to positions at the
time of the reduction. Thereby, employees whose positions are to be reduced shall have
the right to displace empfoyees with less class seniority in that job class. The employee
with the least class seniority in the job class shall then be reduced to the next lowest title
for which the employee has more senioriry than the least senior employee in that job
class. Employees being reduced shall not have the ability to reduce to abolished job
classes shown in Appendix A, unless the employee was previously appointed to such job
� class, has no breaks in employment since appointed to such job class, and there remain
employees actively employed in that job class at the time of the layoff.
6.4 Recall From Workforce Reductions Recall from workforce reduction shall be in order of
class seniority within the job class from which the layoff occurred. However, recall rights
shall expire after two (2) years from the date of the layoff.
6.5 Class Senioritv Determination Followinq Voluntarv Reduction. In the event that an
employee requests a voluntary reduction to a lower level job class, and such request is
approved by the Human Resource Department for the Employer, then the empfoyee's
class seniority in the job class to which the employee is being reduced shall be the
continuous length of probationary and regular service with the Employer from the date the
employee was first appointed to the job class in this Agreement to which the employee will
be reduced (this would also include any continuous service time in higher level job
classes covered by this Agreement). If the employee is reduced to a lower level job class
not previously held, then the employee's class seniority in the job class to which the
employee is being reduced shall be the continuous length of probationary and regular
service with the Employer from the date the employee was first appointed to any higher
level job class covered by this Agreement.
Voluntary reductions will only be approved if the reduction is to a vacant position in a
lower level job class. It is understood that the employee will have no reinstatement rights
back to the former higher level job class following the voluntary reduction. If the
employee is reappointed to the higher level job class through the appropriate testing and
selection procedures, then the employee's class seniority in that job class will begin as if
newly appointed to that jo6 class. No employee will have the ability to voluntarily reduce
to any of the abolished job classes shown in Appendix A.
•
ARTICLE 6. SENIORITY (continued)
6.6 Senioritv For Biddinq On Location
6.6.1 Biddinq For Location. Annually, after the beginning of the school year, the
Office of Facility Operations will post a listing of vacant positions in the job
classes Custodian, Facility Services Worker, and Custodian-Engineer 1, with
the locations of the vacancies. Employees who have been certified and
appointed to one of the above listed job classes may bid for an assignment in
that same job class at a different location shown on the posting. Bids for
assignments will be honored in order of class seniority in that job class
providing the employee is qualified for the assignment. No other positions are
posted for bid. Vacancies in new buildings will be open to bidding only by
employees who have had satisfactory or higher performance ratings for at least
the preceding year. Custodian-Engineer 1 vacancies in new buildings will be
listed only to allow employees in that job class to express interest in being
considered by submitting a letter to the department head.
a) Additional vacancies in the specified job classes during the school year will
be similarly posted for bidding at least four (4) additional times during the
year, if there are appropriate vacancies available.
b) An empioyee who has been reassigned as a result of the bidding process is
not eligible for any further bidding for at least one (1) year. An employee
whose shift is changed significantly on a permanent basis, or whose shift is
changed from a daily assignment at one location to more than one location,
may bid once again in the same year.
•
c) Nothing in this provision shall be construed to limit the right of the Employer
to transfer an employee to another location without bidding if there is �
reason to do so.
6.62 W hen there is a reduction in the number of positions in a job class at a specific
building, but the overall number of oositions in the iob class District-wide has
not been reduced, then classification seniority applied District-wide will be used
to determine who is transferred out of that building.
6.6.3 If any fuli-time employee's position at a specific building is eliminated and/or
changed to require the employee be scheduled to regularly perform work in two
buildings, the newly assigned employee will:
a) Have the employee's class seniority recognized in the second building(s).
b) Have the employee's class seniority recognized in the new building(s) and
may use such class seniority in the new building(s) assignment for purpose
of displacing the employee with the least class seniority in the same
classification from that employee's scheduled shift, providing the newly
assigned empioyee has more class seniority than the employee being
displaced. Full-time employees may not displace part-time employees, and
part-time employees may not displace full-time employees.
c) Retain the right to reclaim that empioyee's original position in the first
location should it reopen in the next thirteen (13) months, provided the
employee has not accepted a position through any bid process.
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'`�-7_g ��
6.6.4 A full-time employee whose position is eliminated and who is assigned to a
`floate�' assignment in the employee's job class, at that time, shall have the
right to displace the least senior employee in the same job class who holds a
building assignment. If a"floate�' position remains as an available vacancy, the
displaced least senior employee can be reassigned to a"floate�' position in the
same job class.
A full-time employee whose position is eliminated and who is placed in an
assignment in the empfoyee's job class that is more than two (2) hours ditferent
than the shift assignment prior to the position elimination, at that time, shall
have the right to displace the least senior employee in the same job class who
holds a shift assignment that is within two (2) hours of the shift assignment prior
to the position elimination. If a"floater' position remains as an available
vacancy, the displaced least senior employee can be reassigned a"floate�'
position in the same job class.
ARTICLE 6. SENIORITY (continued)
6.7
Senioritv For Shift Selection
6.7.1 All shifts and work areas are determined by the Employer. Nothing in this
Section 6.7. should be construed to limit the right of the Employer (department
head or designee) to change an employee to another shift or work area if there
is reason to do so.
6.7.2 There is no building seniority status for the purpose of bidding on locations or
shifts.
6.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by
� the Employer, and is planned to continue for more than thirty (30) working days,
ten shift assignment for employees in that building in the classification of the
adjusted shift shall be re-bid. Class seniority shall be the determining factor, so
long as the employee is qualified and able to perform the duties of the
assignment.
•
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6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in
the building. Plant Planning and Maintenance will review and determine any
schedule or classification change, and whether the vacancy will be filled. If the
vacancy is to be filled, the position will then be offered for location bid pursuant
to Section 6.6.1 of this Article.
6.7.5 When a shift change of more than four (4) hours occurs in a position or several
positions, then the position(s) shall be offered for bid pursuant to 6.6.1 of this
Article. An employee displaced by the re-bid shall be eligible to bid for any
other vacancy in that year even if the employee had successfully bid earlier in
the same year prior to being displaced.
Senioritv Termination. All seniority shall terminate when an employee retires, resigns or is
terminated.
Senioritv Consolidation. Effect(ve August 1, 1993, the job classes Custodian' and Facility
Services Worker will be treated as a single job class for purposes of:
6.9.1
6.9.2
6.9.3
6.9.4
Layoff and recall rights determination, except for the limitations on rights to
abolished titles as described in 6.3 of this Article.
Bidding on work location as described in 6.6 of this Article
Bidding on shift selection within a location as described in 6.7 of this Article.
Job assignment as determined by the Employer within any location .
ARTICLE 7. VACATION
7.1
Vacation credits shall accumulate at the rates shown beiow for each full hour on the
payroll, excluding overtime.
Years of Service
7.2
tstthrough 4th year
5th through 9th year
10th through 15th year
16th year through 23rd year
24th year and thereafter
Calculations are based on 2,080 hour work year and shall be rounded off to the nearest
hour.
Annual Hours
of Vacation
Earned Per
Hour on Pavroll
.0500
.0692
.0769
.0923
.1115
Annual
Hours
Earned
104
144
160
192
232
Days
Earned
13
18
20
24
29
An employee may carry over into the next "calendar" year up to one hundred sixty (160)
hours of vacation.
7.3 All vacation time shall be approved by the department head. Upon separation from
service, if employee has provided ten (10) calendar days' notice to the Employer in
writing, any unused, accrued vacation shall be paid at the employee's current rate of pay.
If an employee has been granted more vacation than the employee has earned up to the
time of separation from service, the employee shall reimburse the District for such
unearned vacation at the employee's current rate of pay. If an employee is separated
from service by reason of discharge, retirement or death, the employee shall be paid for
any unused, accrued vacation earned up to ihe time of such separation.
7.4 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a total of forty [40] hours) in any year.
7.4.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as described in Article 19.
•
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ARTICLE 8. HOLIDAYS � � ? �
• 8.1 Holidavs Recoqnized and Observed. The following days shall be recognized and
observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible employees 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.
For those employees assigned to a work week other than Monday through Friday the
following language shall apply. W henever any of the holidays listed above fall on the first
day of an employee's two (2) consecutive days off following that employee's normal work
week, the last day of the employee's normal work week preceding the holiday will be
observed as the holiday. Whenever any of the holidays listed above fall on the second
day of the employee's two (2) consecutive days off following that employee's normal work
week, the first day of the employee's normal work week following the holiday wiil be
� observed as the holiday.
8.2 Eliqibilitv Requirements. "To be eligible for holiday pay, employees must have been
compensated on the payroll (i.e., hourly pay, vacation, sick leave) for all scheduled hours
of their last scheduled workday before the holiday or for work on the holiday.
8.3 If an employee entitled to a holiday is required to work on Martin Luther King, Jr. Day or
Presidents' Day, he/she shall be granted another day off with pay in lieu thereof as soon
thereafter as is reasonable; the specific date shall be determined by agreement between
the employee and the operations coordinator, subject to approval of the department head;
�
He/she shall be paid on a straight-time basis for such hours worked, in addition to his/her
regular holiday pay.
If an employee entitled to a holiday is required to work on New Yea�'s Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving or Christmas
Day, he/she shall be recompensed for work done on this day by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis or such hours worked, in addition to the regular holiday pay.
8.4 Notwithstanding Article 8.2, a temporary employee shall be eligible for holiday pay only
after such employee has been employed as a temporary employee for sixty-seven (67)
consecutive workdays.
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ARTICLE 9. HOURS AND PREMIUM PAY
9.1 Definitions. The purpose of this Section is to provide a basis for computation of straight �
time, overtime, and other wage calculations, and nothing in this Articie shall be construed
as a guarantee or commitment by the Employer to any individual employee of a minimum
or maximum number of hours of work.
9.1.1 Week. A week shall consist of seven (7) consecutive days beginning at 12:01
A.M. on Monday and ending at 12:00 midnight the following Sunday.
9.12 �. A day shall consist of twenty-four (24) consecutive hours beginning at
12:01 A.M. at the start of a calendar day and ending at midnight of that day.
9.1.3 Normal Work Schedule. The normal work schedule for employees covered by
this Agreement shall consist of forty (40) hours or work scheduled on five (5)
consecutive eight (8) hour workdays. The department head, with the
concurrence of the Union, may modify the work schedule to consist of forty (40)
hours of work scheduled on four (4) consecutive ten (10) hour workdays. The
hours worked in a day shall be consecutive excluding any unpaid lunch period
scheduled during the employee's assigned workday. The unpaid lunch period
may not exceed one (1) hour in length.
92 Cali-in Pav. When an employee is called to work, the employee shall receive two (2)
hours of pay at the employee's normal hourly pay rate if the employee reports to work as
called and is then not put to work. If the employee is called to work and commences
work, the employee shall be guaranteed four (4) hours of pay at the employee's normal
hourly pay rate. These provisions, however, shall not be effective when work is unable to
proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to any person whose regularly-scheduled workday is less than
four (4) hours per day. •
9.3 Premium Pav for Shift Differential. Effective March 4 1995. Any employee who works on
a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differentiai for
the entire shift. The shift differential shall be five percent (5%) of the base rate. If an
employee requests a day shift (starting at or before 1 p.m.) and that request is granted,
the empioyee will not receive night shift differential for any day shift worked.
9.4 Special Dutv Pav. Employees assigned to work in the speciai duty category of custodial
worker shall be paid at ninety percent (90%) of the rate paid for positions in the
Custodian* job class.
9.5 Lonqevitv Pav. Employees who have completed twenty (20) full-time equivalent years of
service with the Employer shall receive an additional $.15 (15¢) per hour above the
normal hourly rate of pay.
9.6 Overtime. Work performed in excess of forty (40) hours of work in a normal work
schedule or eight (8) hours of work in a normal workday will be considered overtime.
Overtime work shali be done only by order of the department head. Overtime shall be
paid at the rate of one and one-half (1-1/2) times the employee's current hourly pay rate
including applicable shift differential or premiums. Employees assigned to work on four
(4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of
ten (70) hours in the workday.
The overtime compensation due the employee shall be paid at the rate herein cited, or by
granting compensatory time on a time and one-half basis if mutually agreed to by the
District and the employee.
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ARTICLE 9. HOURS AND PREMIUM PAY (continued) i ��
• 9.7 Equalization of Overtime. The purpose of this Subdivision is to state clearly the intent of
the parties regarding procedures which will be used to caii and/or assign empioyees in the
unit for overtime work during the term of the 1998-2000 Labor Agreement. See Appendix
B for language.
These procedures shall become effective beginning with the first full month after the
Board of Education adoption of the 1998-2000 Labor Agreement. Renewal, revision, or
continuation of these provisions will occur oniy if the parties so agree. Absent such
agreement, the provisions of this Appendix B terminate June 30, 2000.
ARTICLE 10. WORKING OUT OF CLASSIFICATION
10.1 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 from ihe employee's regular position, and which is in a classification
higher than the classification held by such employee.
102 The Employer shall avoid, whenever possibie, 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 shall receive
� the rate of pay for the out-of-class assignment in a higher classification beginning on the
sixteen (16th) consecutive working day of such assignment. The rate of pay for an
approved out-of-class assignment shall be the same rate the employee would receive if
such employee received a regular appointment to the higher ciassification.
10.3 An employee who otherwise would receive a shift differential shall not lose the shift
differential during any portion of the out-of-class assignment prior to being paid the rate of
pay for the higher classification.
10.4 The provisions of the 1996-98 contract Article 14.1.2 are effective July 1, 1998 through
September 22, 1998.
ARTICLE 11. SUPERVISORY ASSIGNMENT
11.1 An engineer who is assigned to supervise other employees will be at least one title higher
in the series than the employees he/she supervises.
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ARTICLE 12. UNIFORMS
12.1 Employees in this bargaining unit are required to wear uniforms when on duty. Uniforms •
will be supplied as follows:
The District will initially provide each employee (or newly appointed empioyee) with five (5)
shirts or five (5) smocks. Each year thereafter, the District will provide employees with
three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested
and received the initial five (5) shir[s or five (5) smocks prior to implementation of this
provision will be considered already initially supplied.
122 Uniform shirts will be worn at all times when school is in session including summer
school, and/or whenever the school building or site is scheduled through usual
procedures for use by the public. During school vacation periods the uniform shirt will be
optional. However, for employees who choose to not wear the uniform shirt during school
vacation periods, the standard dress rules are in effect. Uniform shirts are to be worn
only while at work, and en route. The employee is not to wear the uniform shirt during
personal events and activities, work outside the School District, or incidental stops at
places selling on-sale liquor, or other such places not consistent with the image of the
School District.
12.3 Each employee is responsible for laundering, pressing, and making minor repairs, such
as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair
during the course of duty, it will be repiaced at no cost to the employee when the
damaged shirt is returned to the District. Normal wear will not be considered for
replacement except through the annual cycle. The District will attempt to provide the
replacement shirts at the beginning of each school year.
12.4 Safetv Shoes. The District agrees to pay thirty dollars ($30) per year toward the cost of ,
safety shoes required by the Employer and purchased by an employee who is a member
of this unit, under the following conditions:
12.4.1 The District shall contribute toward the cost of one (1) pair of shoes per
contract year and shall not be responsible for any additionai cost of any
additional shoes hereafter.
t2.42 This reimbursement of thirty doilars ($30} shafl be made only after verification
of expenditure and approval by the Department head or designated supervisor
of the employee.
12.4.3 This thirty dollars ($30) Employer contribution shall apply only to those
employees who are required to wear protective shoes or boots by the
Employer, and the contribution shall not exceed the actual cost of such shoes
or boots.
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ARTICLE 13. LEAVES OF ABSENCE
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13.1 Leave of Absence. After three (3) months of employment, an employee may make
application for a leave of absence without pay or employer-paid benefits not to exceed
one (1) year. Requests for Ieave of absence shall be submitted to the Human Resource
Department for consideration not less than sixty (60) days prior to the requested date of
the leave. Granting of such leaves will be subject to the operational needs and approval
of the Employer.
13.2 Sick Leave. Sick leave shall accumulate for regularly appointed employees at the rate
of .0576 of a working hour for each full hour on the payroll, excluding overtime. In no
case shall sick leave with pay be granted in anticipation of any future accumulation. Sick
leave accumulation is unlimited. To be eligible for sick leave, the employee must call
his/her supervisor to report the illness as described in 13.5 of this Article.
13.3 Usino Sick Leave Credits. Any employee who has accumulated sick leave credits as
provided above shall be granted leave with pay for such time as the appointing supervisor
deems necessary for any of the following reasons:
13.3.1
13.3.2
Sickness or injury of the employee.
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.
13.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the
supervisor in the event of death of the employee's brother-in-law, sister-in-law,
stepparent, stepchild, stepbrother, or stepsister.
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13.4 Employees may be granted sick leave for such time as is actuaily necessary for the
following:
13.4.1
13.4.2
Office visits to physicians, dentists, or other health care personnel.
In the case of sudden sickness or disability of a household member, up to four
(4) hours for any one instance.
13.4.3 Up to three (3) days of accumulated sick leave may be used in a contract year
to allow the employee to provide necessary care for the serious or critical
iliness of a spouse, or dependent parent. These days when used are
deductible from sick leave, and verification of iliness may be required.
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ARTICLE 13. LEAVES OF ABSENCE (continued)
13.5 Requestinq Sick Leave. No sick leave shall be granted for the above reasons unless •
the employee reports to his/her supervisor the necessity for the absence no later than one
(1) hour before his/her regular scheduled starting time. For an employee whose shift
begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by
10:00 A.M. The employee must cali his/her supervisor on each day of the illness by the
times specified, unless the requirement to call in is waived by the supervisor after
verification of extended illness. Sick leave will not be granted to any employee who does
not properly report the necessity tor the absence, unless he/she can show to the
satisfaction of the supervisor that the failure to repoR was excusable. Employees will be
reqwred to provide medical verification of the illness at the discretion of the supervisor.
For the purposes of Articles 13.5 and 13.5.1, medical verification will be defined to mean,
"A written note issued from a qualified treating medical provider during the period the
employee was absent from work." The medical verification will be provided to the
Employer before the employee returns to work.
13.5.1 Sick Leave - Medical Verification. Employees will be required to provide
medical verification of the iliness at the discretion of the supervisor, and
especially noting the following circumstances:
(1) An employee who used more than ten (10) sick days per year is likely
to be required to provide medical certification of illness.
(2) Absences which reflect a pattern are likely to result in a medical
certification requirement.
Examples: •
(a) Frequent absences on Fridays and Mondays.
(b) Absences preceding/following recognized holidays.
(3) Reasonable cause to suspect that sick leave is being requested
inappropriately is likely to result in certification requirement.
Prior to requiring medical verification, the supervisor will meet with the
employee (and Head Engineer). The employee will have the right to have union
representation at the meeting. The supervisor will notify the employee in writing
that medical verification will be required for any further sick leave usage.
After the end of every school year, there will be a review of the medical
certification requirement for all affected employees unless the requirement has
been in place less than nine (9) months. This review may or may not result in a
change of the medical certification requirement. The employee will be notified
in writing as to the status of this requirement. The written notice will be sent to
the employee with a copy to the Building Head and the Union.
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ARTICLE 13.
LEAVES OF ABSENCE (continued)
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13.6 Sick Child Care. An employee who has worked for the District for at least twelve (12)
consecutive monihs for an average of twenty (20) 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 ill 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 § 181.9413 and shall
remain available so long as provided in statute.
13.7 Familv Medical Leave. Leaves of absence shall be granted as required under the federal
law known as the Family and Medical Leave Act (FMLA) so long as it remains in force.
The Human Resource Department provides procedures.
13.8 An employee shall be paid under the provisions of this paragraph only for the number of
days or hours for which he/she would normally have been paid if he/she had not been on
sick leave.
13.9 No employee shall be granted sick leave with pay for treatment of chemical dependency
more than twice.
13.10 Maternitv/Parental Leave. 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 ai any
time during the period stated above and the Employer may approve such leave at its
option, and such leave may be no longer than one (1) year. Parental Ieave shall be
granted to employees for the birth or adoption of a child in accordance with applicable
state and federal laws.
13.11 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (t)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a total of forty [40] hours) i� any year.
13.11.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as defined in Article 19.
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13.12 Sick leave Incentive. During the Iife of this Agreement, the parties agree to a pilot project
in an attempt to reduce unplanned absences. If an employee does not use any sick leave
(personal illness, sick child, etc.) in the nine (9)-month period from September 1 through
May 31, the employee will be credited with eight (8) additional hours of vacation time.
This applies for the 1998-99 and 1999-2000 school years. This provision is effective until
June 30, 2000, and does not automatically renew.
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ARTICLE 14. MILITARY LEAVE OF ABSENCE
14.1 Pav Allowance. Any employee who shall be a member of the National Guard, the Naval �
Militia or any other component of the miiitia of the state, now or hereafter organized or
constituted under state or federal law, 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, shail be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for ail 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 for state or federal purposes, provided that such leave
shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that
such leave shail be aliowed only in case the required military or naval service is
satisfactorily performed, which shall be presumed unless the contrary is established.
Such leave shall not be allowed unless the employee: (1) retums to his/her position
immediately upon being relieved from such military 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.
14.2 Leave without Pav. Any employee who engages in active service in time of war or other
emergency declared by proper authority 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.
14.3 Such leaves of absence as are granted under Article 9 shall 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.
ARTICLE 15. COURT DUTY
15.1 Any employee who is required to appear in court as a juror or witness shall be paid his/her
regular pay while so engaged, provided, however, that the employee is not appearing as a
witness in litigation undertaken by the employee or the Union against the District; further,
any fees that the employee may receive from the court for such service shall be paid to
the Employer and be deposited with the District Office of Business and Finance. Any
empioyee who is scheduled to work a shift other than the normal daytime shift, shall be
rescheduled to work the normal day[ime shift during such time as the empioyee is
required to appear in court as a juror or witness.
ARTICLE 16. WAGE SCHEDULE
16.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto.
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ARTICLE 17. EMPLOYEE BENEFITS
SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE
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1.1 The Employer will continue for the period of this Agreement to provide for active
employees such health and life insurance benefits as are provided by Employer at the
time of execution of this Agreement.
1.2 Elioibilitv Waitinq Period. Three (3) full months of continuous regularly appointed
service in Independent School District No. 625 will be required before an eligible
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 Section, full-time employment is defined as
appearing on the payroll regularly 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 Section, half-time employment is defined as
appearing on the payroll regularly 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.
Regularly-scheduled hours are the daily hours which are specifically authorized for the
employee and assigned by the supervising administrator, and verified by the Human
Resource Department, as the regular schedule. Occasional work time assigned in
excess of the minimums stated in 1.3 and 1.4 shall not be construed as providing
eligibility for insurance premium payment.
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NOTE: Any employee who is regularly scheduled for less than twenty (20) full hours of
work per five (5)-day week or who is scheduled irregularly is ineligible for any
benefits described in this Section.
Nothing in this Agreement shail be construed as a guarantee of any hours of
work.
1.5 Emplover Contribution Amount--Full-Time Emplovees. Effective July 1, 1998, for each
eligible employee covered by this Agreement who is employed full time and who selects
employee insurance coverage, the Employer agrees to contribute the cost of such
coverage or $195 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
$330 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 sefects 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.
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1.52 Effective January 1, 2000, for each eligible employee covered by this
Agreement who is employed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $220
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 $395 per month, whichever is less.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
1.6 Emplover Contribution Amount: Married Couples. Full-time employees who are married
to another District employee and who are covered under their spouse's health plan may
waive the single or family contribution to health insurance and receive up to $150 per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the full cost of family coverage and cannot be appiied in cases where the
spouse is receiving health insurance through the DistricYs cafeteria benefits plan.
1.7 Emolover Contribution Amount--Half-Time Emolovees. For each eligible employee
covered by this Agreement who is employed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time employee who selects family insurance coverage, the
Employer will contribute fifty percent (50%) of the amount contributed for full-time
employees selecting family coverage in the same insurance plan. Part-time employees
are not eligible for any of the married couple contributions in Subd. 1.6.
1.7.1 Notwithstanding Section 1.7 above, employees covered by this Agreement and
employed half time prior to January 1, 1978, shall receive the same insurance
contributions as a full-time employee. This Section �.7.1 applies only to
employees who were employed half-time during the month of December 1977
and shall continue to apply only as long as such employee remains
continuously employed half time.
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1.8 Life Insurance. For each eligible employee, the Employer agrees to contribute to the
cost of $50,000 life insurance coverage. The total premium contribution by the Employer
for all life insurance coverage shall not exceed $11.10 per month. This amount shall drop �
to $5,000 of coverage (in the event of early retirement) until the retiree reaches age 65;
then all Employer coverage shall terminate.
1.9 Lonq-Term Disabilitv. Effective, January 1, 1999, or each eligible employee, the
Employer agrees to contribute to a long-term disability plan. The total premium
contribution by the Employer for this coverage shall not exceed $10 per month.
1.10 Flexible Spendinq Account. It is the intent of the Employer to maintain during the
term of this Agreement a plan for medical and child care expense accounts to be
available to employees in this bargaining unit who are eligible for Employer-paid premium
contribution for health insurance for such expenses, within the established legai
regulations and IRS requirements for such accounts.
7.11 The contributions indicated in this Section 1. shall be paid to the Employer's group health
and welfare plan.
1.12 Any cost of any premium for any Emp�oyer-offered employee or family insurance
coverage in excess of the dollar amounts stated in this Section shall be paid by the
employee through payroll deduction.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
• SECTION 2. RETIREMENT HEALTH INSURANCE
Subd, 1. Benefit Eliqibilitv for Emplovees who Retire Before Aae 65
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1.1 Emplovees hired into District service before Julv 1, 1996, must have completed the
following service eligibility requirements with Independent 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:
1.2
1.3
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.
C.
D.
E.
Must be at least fifty-five (55} years of age and have completed twenty-five (25)
years of service, 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, or;
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 1.1 E.
Emplovees hired into District service after Julv 1. 1996. must have completed twenty (20)
years of service with Independent School District No. 625. Time with the City of Saint
Paul will not be counted toward this twenty (20)-year requirement.
Eligibility requirements for all retirees:
A. A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent School District No. 625
employee and eligible for and is enrolted in the independent Schoof District fVo.
625 health insurance program, or in any other Employer-paid health insurance
program.
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Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
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ARTICLE 17. EMPLOYEE BENEFITS (continued)
Subd. 2. Emplover Contribution Levels for Emolovees Retirinq Before Aqe 65
2.1 Health Insurance Employer Contribution
The District will for the period of this Agreement provide employees who meet the
eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term
of this Agreement, and until such employees reach sixty-five (65) years of age, such
health insurance premium contributions up to the same dollar amount as were made by
the District for health insurance for single or family coverage by that carrier, for an
employee under this Agreement, in his/her last month of active employment. In the event
new carriers replace those in place at execution of this Agreement, the dollar amounts
being paid for single or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any employee who is receiving family
coverage premium contribution at date of retirement may not later claim an increase in
the amount of the Employer obligation for single coverage premium contributions to a
carrier after deleting family coverage.
22 Life Insurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 12
above, premium contributions for eligible retirees for $5,000 of life insurance only until
their 65th birthday. No life insurance will be provided, or premium contributions paid, for
any retiree age sixty-five (65) or over.
Subd. 3 Benefit Eliaibilitv for Emplovees After Aqe 65
3.1 Emplovees hired into the District before Julv 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 in Subd. 4 of this Article.
3.2 Emplovees hired into the District before Julv 1. 1996, who retire at age 65 or older must
have completed the eligibility requirements in Subd. 1 above or the following eligibility
requirements to receive District contributions toward post-age-65 health insurance
premiums:
A. Employees hired before January 1, 1987, must have remained continuously
employed by the District. For such employees or early retirees who have not
completed at least twenty (20) years of service with the District at the time of their
retirement, the Employer will discontinue providing any health insurance contributions
upon their retirement or, in the case of early retirees, upon their reaching age 65.
B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have
completed twenty (20) years of continuous employment with the District. For such
employees or early retirees who have not completed at least twenty (20) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul earned prior to July 1, 1996,
will continue to be counted toward meeting the DistricYs service requirement of this Subd.
3. Civil service time worked with Ciry of Saint Paul after May 1, 1996, will be considered a
break in District employment.
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Coveraqe Twe
Medicare Eligible
Non-Medicare Eligible
ARTICLE 17. EMPLOYEE BENEFITS (continued)
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3.3 Emplovees hired on or after Julv 1. 1996, shall not 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
July 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emplover Contribution Levels for Retirees After Aqe 65
4.1 Emplovees hired into the District before Julv 1. 1996 and who meet ihe eligibility
requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District.
Premium contributions for such policy will not exceed:
Sinqle Familv
$300 per month $400 per month
$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.
Subd.5. Emplovees hired after Julv 1. 1996, after completion of three (3) full years of
consecutive active service in Independent School District No. 625, are eligible to
� participate in an employer matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District will match up to $500 per year of consecutive active
service, up to a cumulative lifetime maximum of $12,500. Part-time employees working
half-time or more will be eligible for up to one half (50°/a) of the available District match.
Approved non-compensatory leave shall not be counted in reaching the three (3) fuli
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.
Federal and state rules governing participation in the Minnesota Deferred Compensation
Plan shall apply. The employee, not the District, is solely responsible for determining
his/her total maximum allowable annual contribution amount under IRS regulations. The
employee must initiate an application to participate through the DistricYs specified
procedures.
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ARTICLE 18. MILEAGE
18.1 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 rate approved by the Board of Education or 31 ¢ per mile, 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 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 19. SEVERANCE PAY
19.1 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.
19.2 To be eligible for the severance pay program, the employee must meet the following
requirements:
192.1 The employee must be fifty-five (55) years of age or older or must be eligible for
pension under the "Rule of 90" provisions of the Public Employees Retirement
Association (PERA}. The "Rule of 85" or the "Rule of 90" criteria shall afso
apply to employees covered by a public pension plan other than PERA. �
19.2.2 The employee must be voluntarily separated from Schooi 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.
19.2.3 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 or re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
19.3 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 $65 pay for each day of accrued, unused sick leave, up to 231 days.
19.4 The mauimum amount of money that any empioyee may obtain through this severance
pay program is $15,000.
19.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, if the empioyee would have met ali 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.
19.6 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.
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ARTICLE 20. DISCIPLINE
20.1
202
20.3
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The Employer will discipli�e employees for just cause only. Discipline will be in the form
of:
20.1.1 Oral reprimand;
20.12 Written reprimand;
20.1.3 Suspension;
20.1.4 Reduction;
20.1.5 Discharge.
A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the
employee and the Union seventy-two (72) hours after such action is taken.
Employees and the Union will receive copies of written reprimands and notices of
suspension and discharge.
20.4 Employees may examine alI information in their Employer personnel file that concerns
work evaluations, commendations and/or disciplinary actions. Files may be examined at
reasonable times under the direct supervision of the Employer.
20.5 Preliminarv 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 schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee
shall have the opportunity to have union representation present and be provided the
opportunity to speak on his/her behaff regarding the proposed action. If the employee is
unable to meet with the supervisor, the employee and/or union will be given the
opportunity to respond in writing.
20.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a Union representative be present.
20.7 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 21 (Grievance Procedure); as an alternative option, such employee
can request a review, consistent with Minnesota Statute § 179A20, Subd. 4. Once 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 be subject to
the grievance review procedures through Step 3 only.
An employee who elects the contractual grievance procedure as the forum for review of a
disciplinary action has not thereby waived any rights secured to him/her under Minnesota
Statute § 197.46, other than the choice of forum for review.
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ARTICLE 21. GRIEVANCE PROCEDURE
21.1 The Employer shall recognize Stewards selected in accordance with Union rules and �
regulations as the grievance representative of the bargaining unit. The Union shall notify
the Employer in writing of the names of the stewards and of their successors when so
named.
212 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no loss of 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 deirimental to the work programs of the Employer.
21.3 The procedure established by this Article shall be the sole and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 7, for the processing of
grievances, which are defined as an alieged violation of the terms and conditions of this
Agreement. A grievance shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resolved to the employee's satisfaction by the informal
discussion. it may be reduced to writing and referred to Step 2 by the Union. The written
grievance shall set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the Agreement violated, and the relief requested. Any alleged
violation of the Agreement not reduced to writing by the Union within fourteen (14) •
calendar days of the first occurrence of the event giving rise to the grievance shall be
considered waived. At this step only, an e�ctension of seven (7) additional calendar days
shall be granted automatically if requested by the Business Representative or steward.
Step 2. Within fourteen (14) calendar days after receiving the written grievance, a
designated Employer supervisor shall meet with the Union steward and attempt to resolve
the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the
Employer shall reply in writing to the Union within fourteen (14) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14)
calendar days following receipt of the Employer's written answer. Any grievance not
referred in writing by the Union within fourteen (14) calendar days following receipt of the
Employer's answer shall be considered waived.
Steo 3. Within fourteen (14) calendar days following receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business Manager or
designated representative and attempt to resolve the grievance. Within fourteen (14)
calendar days following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer conceming the grievance. If, as a result of the written
response, the grievance remains unresolved, the Union may refer the grievance to Step
4. Any grievance not referred in writing by the Union to Step 4 within fourteen (14)
calendar days following receipt of the Employer's answer shall be considered waived.
�
26
•
ARTICLE 27
GRIEVANCE PROCEDURE (continued)
���,�
Step 4. If the grievance remains unresolved, the Union may within fourteen (�4) calendar days
after the response of the Employer in Step 3 by written notice to the Employer, request
arbitration of ihe grievance. The arbitratfon proceedings shall be conducted by an
arbitrator to be selected by mutual agreement of the Employer and the Union within
fourteen (14) calendar days after notice has been given. If the parties fail to mutually
agree upon an arbitrator within the said fourteen (14)-day period, either party may request
the Bureau of Mediation Services 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
Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The
process will be repeated and the remaining person shall be the arbitrator.
21.4 The arbitrator shall have no right to amend, modify, nullify, ignore. add to or subtract from
the provisions of this Agreement. 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 any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or varying in
any way the application of laws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing within thirty (30) days following close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union, and the employees.
21.5 The fees and expenses for the arbitrator's services and proceedings shall be borne
� equally by the Employer and the Union, provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record.
21.6 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
�
21.7 It is understood by the Union and the Employer that if an issue is resolved at any step by
this grievance procedure, that issue shall not again be submitted for review under the
provisions of the Rules and Regulations of Civil Service. It is further understood t(�at if an
issue is submitted and resolved at any step by the grievance procedure under the Civil
Service Rules and Regulations, It shall not be submitted for review and arbitration under
procedures set forth in this Article.
27
ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-down, stay-in or other concerted interference with the Employer's business
or affairs by said Unions and/or the members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise.
222 No lockout, or refusal to allow employees to pertorm available work, shaii be instituted by
the Employer and/or its appointing authorities during the life of this Agreement.
ARTICLE 23. NONDISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equally without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
•
232 Employees will perform their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public. �
•
28
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ARTICLE 24. TERMS OF AGREEMENT
c, y���g
24.1 Complete Agreement and Waiver of Bargaininq. This Agreement shall represent
the complete Agreement between the Union and the Employer. The parties
acknowledge that during the negotiations which resuited in this Agreement, each
had ihe unlimited rrght and opportuniiy to make requesis 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 obiigated
to bargain collectively with respect to any subject or matter referred to or covered in
this Agreement.
24.2 Savings 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 jurisdiction from
whose final judgment or decree no appeal has been takert within the time provided,
such provision shall be voided. All other provisions shall continue in fuil force and
effect.
24 3 Terms of Agreement. Except as herein provided, this Agreement shall be effective
as of July 1, 1998, and shall continue in full force and effect through the 30th day
of June 2000, , and shall be automatically renewed from year to year thereafter
unless either party shall notify the other in writing at least sixty (60) days before the
termination of this Agreement that it desires to modify or terminate this Agreement.
In witness thereof, the parties have caused this Agreement to be executed as signed
and dated below.
24.4 This const+tutes a tentative Agreemertt between the parties which will be
recommended by the District Negotiations and Labor Relations Manager, but �s
subject to the approval of the Board of Education, and is also subject to ratification
by the Union.
WITNESSES:
�� d, is98
Date �
29
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Date
APPENDIX A: 1998-2000 WAGES
The houriy wage rates and salary ranges for classifications in this unit are effective
July 4, 1998, as follows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services Worker
Custodian`
Trainee
(Custodian-Engineer)
Probationary
Rate
$10.46
Probationary
Rate
$14.33
Entrv
$8.77
Probationary Base
Rate Rate
$18.33 $19.25
17.69 18.65
17,12 18.08
16.69 17.64
16.34 17.05
•
Base After After
Rate 1 vear 2�ears
$10.98 $11.93 $12.67
Base
Rate
$15.43
After
6 Months
$10.16
After
1 Year
$11.55
After
18 Months
$12.94
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shail be paid at the "Base Rate" hourly rate. Empioyees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the emp4oyee must complete a promotionat probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
�
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30
\ J
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APPENDIX A: 1998-2000 WAGES
�'`� �?�
�
The hourly wage rates and salary ranges for classifications in this unit are effective
July 3, 1999, as follows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board ot Education
Facility Services W orker
Custodian'
Tralnee
( C ustodian-E ng i nee r)
Probationary
Rate
$18.76
18.11
17.52
17.08
16.73
Base
Rate
$19.70
19.09
18.51
18.05
17.45
Probationary Base After After
Rate Rate 1 vear 2 vears
$10.70 $11.24 $1221 $12.97
Probationary Base
Rate Rate
$14.66 $15.79
After After
Entrv 6 Months 1 Year
$8.97 $10.40 $11.82
After
18 Months
$13.24
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate'
hourly wage rate, notwithstanding that the employee must complete a promotional probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
*Abolished except as to present incumbents.
31
APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE
The purpose of this Appendix is to state cieariy the intent of the parties regarding procedures �
which will be used to call and/or assign employees in the unit for overtime work during the term of
the 1998-2000 Labor Agreement.
These procedures shall become effective beginning with the first full month after the Board of
Education adoption of the 1998-2000 Labor Agreement. Renewal, revision, or continuation of
these provisions will occur only if the parties so agree. Absent such agreement, the provisions of
this Appendix B terminate June 30, 2000.
Section 1 Qualified Emplovees
A qualified person for all provisions of this policy is a regular full-time custodian or facility services
worker, or custodian-engineer who holds the appropriate license for the task, and has
demonstrated satisfactory job performance.
1.1 An employee who has specified physical restrictions which impair his/her ability to perform
a particular overtime task will not be assigned the overtime; for purposes of calling order
he/she will be considered, however, as having worked that overtime.
Section 2 Overtime Within a Buildinq
Employees assigned to a particular building will have the first opportunity to work overtime in that
building. Persons who are interested in working overtime in the building will be required to sign in
advance. The employees will be placed on a list in order of District seniority. When a need for �
overtime arises, the qualified most senior employee on the list will be called first unless the
employee has already worked overtime in that fiscal year. If the qualified most senior employee
has already worked overtime in that fiscal year, the next qualified employee on the list will be
called until all employees in the building have worked overtime. When all employees have worked
overtime, the process will be repeated. When an employee is asked to work overtime in the
building and refuses, he/she will be considered as having worked that overtime. If there are no
employees in the building who want to work overtime, then the overtime shall be classified as
District overtime and distributed as described below.
2.1 When an employee is newly assigned to a building, his/her overtime eligibility history for
that location wiii be determined by assigning to him/her the average of overtime hours
credited to date for all affected employees in that location (average of hours worked
and/or refused).
2.2 The overtime history of each employee wili be carried over from year to year in each
building for that building.
Section 3 District Overtime
When there is District overtime work to be done on a planned basis (i.e., it is of a non-emergency
nature), regular employees assigned as relief staff will have the first oppoRunity to work the
overtime. Qualified relief staff inembers will be contacted for the overtime work in seniority order
(i.e., most senior tirst) unless the employee has already worked overtime in that fiscal year. When
a qualified employee who is asked to work overtime refuses the work, he/she will be considered
as having worked that overtime assignment. If there are not sufficient qualified relief staff
employees available, qualified employees listed as available for emergency call out will be called •
by the same procedure.
[cYa
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APPENDIX 8: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued)
• Effective July 1, 1998, the assigned relief staff will no longer have first opportun'ity to work District
overtime. In September of each year Facility Operations will allow people interested in working
District overtime to sign up to be called. The most senior employees in one of three groups, 1)
Facility Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for
overtime needed in the group based on seniority order, unless employee has already worked
overtime in that fiscal year. When a qualified employee who is asked to work oveRime refuses
the work, he/she will be considered as having worked that overtime assignment. If there are not
sufficient quatified relief staff employees available, quaiified employees listed as available for
emergency cail out will be called by the same procedure.
Section 4 Mandatorv Overtime
The District retains the right to institute mandatory overtime if there are inadequate volunteers to
meet District needs. The mandatory system requires that the least senior empioyee who has not
worked overtime wiil be required to work first and so forth. Should mandatory overtime become
necessary, empioyees who have voluntarily worked overtime wiii be credited with the hours they
have previously worked.
Section 5. Emerqencv Call Outs
This equalization of overtime does not apply to emergency call outs requesting that overtime be
worked. A.qualified employee who is willing to accept emergency overtime assignment
immediately upon notification may ask to be lisied as available. The District wili not list an
� empioyee for emergency call out if the employee has refused overtime work several times, or is
not qualified. The District, in assigning emergency call out, will do so as equitably as
circumstances permit.
5.1 The District will periodically provide to the Union a copy of the emergency call-out list, and
a tally of time worked.
Section 6. Overtime Resultinq from Buildinq/Proqram Moves
Overtime resulting from moving a program or a staff/student population from one building/location
to another will be treated as building overtime for staff in the location from which the move
originates. If more overtime workers are needed than the originating location can supply, the
District overtime procedure will be used to secure additional workers.
Section 7 Grievance Process
An alleged violation of these procedures can be presented to the Employer by the Union for
review under the grievance procedures of the labor contract through Step 3, as the final appeal.
Step 3 review is at the level of the Superintendent of Schools, or his/her designee.
•
33
APPENDIX C: ENGINEER 2-5 BIDDING
Biddinq for location Custodian-Enqineer 2-5 Positions
The parties agree to continue the pilot program allowing Custodial Engineer 2-S employees to bid
on job openings. This pilot will continue for the duration of the 1998-2000 contract, and will not be
automatically e�ctended as part of any successor agreement.
The Office of Facility Operations will post a listing of vacant positions in the job classes Custodian-
Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the
locations of the vacancies. Employees who have been certified and appointed to one of the
above listed job classes may bid for an assignment in that same job class at a different location
shown on the posting. Bidding will be only open to employees who have successfully completed
the probationary period and have satisfactory or higher performance ratings for at least the
preceding year. Bids for assignments will be honored in order of class seniority in that job class
providing the employee is qualified. This process requires that all Custodial Engineer 2-5
employees who bid be able to satisfactorily perform the full range of duties at the bid location from
the onset. With the rights to bid in this pilot process comes the responsibility to fully assess the
requirements of the location where he/she would bid and the strengths and weaknesses that
he/she may have.
a) Vacancies in the specified job classes during the school year will be posted
for bidding as they occur.
b) A Custodian-Engineer 2 who is assigned to evening shift must complete
one (1) year as an Engineer 2 before having the right to bid.
�
• If the Custodia�-E�gineer 2 assigned to evening shift bids on another •
evening shift and is reassigned as a result of this bidding process
he/she is not eligible for any further bidding for one (1) year.
• If the Custodian-Engineer 2 assigned to evening shift is reassigned to
a day shift as a result of this bidding process he/she is not eligible for
any further bidding for two (2) years.
• If the Custodian-Engineer 2 assigned to day shift is reassigned as a
result of this bidding process he/she is not eligible for any further
bidding for two (2) years.
• An employee whose shift is changed significantly (by more than two
[2] hours) on a permanent basis, or whose shift is changed from a
daily assignment at one location to more than one location, may bid
once again without waiting the full two (2) years.
c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a resuVt of
this bidding process is not eligible for any further bidding for three (3) years.
An employee whose shift is changed significantly (by more than two [2]
hours) on a permanent basis, or whose shift is changed from a daily
assignment at one location to more than one location, may bid once again
without waiting the full two (2) years.
•
34
APPENDIX C: ENGWEER 2-5 BIDDING (continued) ��� o ? g � f
• d) Nothing in this provision shall be consirued to limit the right of the Employer
fo transfer an employee to another Iocation without bidding if there is
reason to do so.
e) There will be no bidding assignments in new buildings. Custodian-Engineer
vacancies in new buildings will be listed only to allow employees in that job
class to express interest in being considered by submitting a letter to the
department head.
•
•
35
INDEX
B
Bidding......--° ............................................. 34
Bidding for Location .....................................8
C
Call-In Pay .................................................12
Court Duty ......................:...........................18
D
Discipline...................................................25
Dues............................................................ 3
E
Equalization of Overtime .....................13, 32
F
FairShare ....................................................3
Family Medical Leave ................................17
Flexible Spending Account ........................20
G
Grievance Procedure .................................26
H
Health Insurance .......................................19
Holidays.....................................................11
Hours .........................................................12
L
Leave of Absence ......................................15
Life Insurance ............................................20
Lockouts.................................................... 28
Longevity Pay ............................................12
Long-Term Disability ..................................20
M
Maternity/Parental Leave ...........................17
Mileage...................................................... 24
Military Leave Of Absence .........................18
N
Nondiscrimination ...................................... 28
O
Overtime....................................................12
P
PremiumPay .............................................t2
Premium Pay for Shift Differential ..............12
R
Recall From Workforce Reductions .............7
Retirement Health Insurance .....................21
S
Safety Shoes ..............................................14
Sen io rity ....................................................... 6
Seniority for Bidding On Location ................8
Seniority for Shift Selection ..........................9
Seniority Termination ...................................9
Severance Pay ...........................................24
Shop Steward ..............................................2
Sick Child Care ..........................................17
Sick Leave .................................................15
Sick Leave - Medical Verification ...............16
Sick Leave Conversion ........................10, 17
Sick Leave Credits .....................................15
Sick Leave Incentive ..................................17
Sick Leave Requests .................................16
Special Duty Pay ........................................12
Strikes........................................................28
T
Temporary Employment ..............................4
Temporary Employment Casual Service.....4
Temporary Employment Extended Service.5
Temporary Employment Short-Term...........4
U
Uniforms....................................................14
Union Membership .......................................3
Union Rights ................................................2
Union Stewards ............................................2
V
Vacation.....................................................10
W
Wages.................................................30, 31
Work Interference ......................................28
Work Schedule ..........................................12
Working Out of Ciassification ....................13
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