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88-1471 WHITE - CITV CIERK PINK - FINANCE G I TY OF SA I NT PAU L Council /'�f ,`H CANARV - DEPARTMENT Yj�r„/L,�� BLUE - MAVOR File �O• �� Council Resolution ;�� Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached agreement between Independent School District No. 625 and the City of Saint Paul Manual and Maintenance Supervisors' Association. COUNCIL MEMBERS Requested by Department of: Yeas Nays Dimond OFFI OF PERSONNE -L OR �LA ONS �� [n Favor cosw;tz R�1 � Against BY � Sonnen Wilson •I�`�• Adopted by Council: Date SEP 15 �g88 Form pprov b 'ty torney t Certified Pass d b ouncil Sec r BY By Approve by M r: _ �P 1 � �8 Appr ed by Mayor for Sub Co ncil � �'�.�� :�i=' ;� -L I�� =i�� . � - ATTACHMENT INDEPENO�NT SCHOOL DISTRICT NO. 62S BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS OATE: Juiy 19, 1988 TOPIC• Approval of employment agreement with City of St. Paul Manual and Maintenance Supervisors' Association - representing blue collar supervisars. A. PERTINENT FACTS: 1) The action proposed will approve a two-year Agreement with City of St. Paul Manual and Maintenance Supervisors' Association, representing blue collar supervisozs in the school district. There are four employees fn this bargair.ing unit. The proposed Agreement has been ratified by the Association, and parallels the Association's agreement with the City. 2) Changes include: - Wage adjustments of 2.85ti in each of the two years of the contract. - Insurance: new language specifying eligibility requirements for health insurance pr�mium contributions. - Vacation formula adjusted 6, 16, and 26 years of service, to become more consistent witt, other bargaining units. - Safety shoes contribution by employer adjusted from $20.00 annually to $30.00 annually. 3) Requested by Phyllis E. Byers, Negotiator. B. RECOMMENDATtON: That the Board of Education approve the 1968-89 Agreement between Independent Schocl District No. 625 and City of St. Paul Manual and Maintenance Supervisors' Association, representing blue collar supervisors in the school district, to be effective as specified therein, from January 1, 1988 through Decetnber 31, 1989. � ��y-r.,►�� OFFICE OF PERSOIi�IEL- _N� 014 0 5 9 � � LABOR �LATIONS DBPARTMBNT . - - - - - JANES C. LOMBARDI: CONTACT NAI+�E 248-4221 PHONE � AUGUST 17. 198� , DATE . ASSIGN NUMBER FOR BOUTING ORDER: (See reverse side.) 1 Department Director 3 I�Sayor (or Assistant) _ Finance and l�anagement Services Director 4 City Clerk Budget �irector _ 2 City Attorney _ TOTAL NUMBER OF SIGNATIIRE PAGES: (Clip all locations for signature.) T W V H P (Purpos�/Rationale) THIS RESOLUTION APPRO A TWO-YEAR CE?NTRACT BETWEEN INDEPEN�EN'P �CHOOL DISTRICT 625 AND THE CI'TY OF ST. PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION. THE DURATION OF THE CONTRACT IS TWO YEARS, RUNNING FROM JANUARY 1 , 1988 THROUE��ER 31, 1989. Council Research Center, AU G 2��: 1988 AUG 2 91988 i��YOR'S OFFICE COST�BENEFIT. BUDGETARY. AND PERSONNEL IMPACTS ANTICIPATED: THERE IS NO FINANCIAL IMPACT UPON THE CITY AS THIS IS A SCHOOL DISTRICT CONTRACT. THE CHANGES MADE IN THIS AGREEMENT ARE THE SAME. AS THOSE NEGOTIATED BY THE CITY AND THIS BARGAINING I3NIT. THEREFORE, THIS AGREEMENT HAS NO SIGNIFICANT IMPACT ON THE GITY'S RULES AND POLICIES. FINANCING SOURC� AND BUDGET ACTIVITY NUMBER CHARGED QR CREDITED: R��V�D (Mayor's signature not required if under $10,000.) Tota1 Amount of Transgction: Activity Number: AV�� ' �Funding Source: � (�i�� C� ATTACHI�NTS: (Lis�t and number all attachments.� Councii Research Center, 1 - COUNCIL RESOLUTION AU� 2 5 �988 1 - BRD OF ED ATTACHMENT (PERTINENT FACTS) 3 - COPIES OF CONTRACTS 1 - PHYLLIS BYERS ADKiNISTRATIVE PROCEtWRES _Yes No Rules, Regulations, Procedures, or Budget Amendment required? lYes _No If yes, are they or timetable attached? DEPARTMENT REVIEW CITY ATTORNEY .REVIEW , �Yes No Council resolution required? Resolution r�quired? _Yes _No =Yes _�No Insurance required? It►surance sufficient? _Yes _No _Yes �No Ix�sv�s�►ce attached? � �,�� 1988 - 1989 LABOR AGREEMENT Between INDEPENDENT SCHOOL DISTRICT N0. 625 ' • And CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION • ��-j�71 � INDEX ARTICLE TITLE PAGE I Purpose �f Agreement 1 II Recognition 2 III Piaintenance of Standards 3 � IV Emplover Security 3 V Employer Authority 3 VI Association Security 4 VII Employee Rights - Grievance Procedure 5 VIII Savings Clause 8 IX Seniority 9 X Discipline 11 XI Constitutional Protection 12 XII Overtime and Premiums 12 XIII Uniforms 13 XIV Vacation 13 XV Holidays 14 • X�'I Insurance 15 XVII Mileage - Independent School District No. 625 17 XVIII Severance Pay . 18 XIX k'orkin� Out of Classification 20 XX Maternity Leave 20 XXI No Strike, No Lockout 20 XXII Right to Subcontract 20 X�III Adr�inistrstive Service Fee 21 XXIV Wage Schedule 22 . XXV Term of Agreement 2S • - ii - ��7/ ARTICLE I - PtTRPOSE OF AGREEMENT � 1. 1 This AGREE2-fENT is entered into between Independent School District No. 625, hereinafter called the EMPLOYER, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the ASSOCIATION. 1.11 Assure sound and mutually beneficial working and economic relatiunships between the parties hereto; 1. 12 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1. 13 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION through this AGREEMENT stiall continue their dedication to the highest quality public service to the residents of the City of Saint Paul.. Both parties recognize this AGREEMENT as a pledge of this dedication. . • - 1 - ARTICLE II - RECOGNITION 2. 1 The EMPLOYER recognizes the ASSOCIATION as the exclusive � representative, under the Public Employment Labor Relations Act of 1971 as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the classification of Assistant Supervisor of Custodians, Bridge Foreman, Building Maintenance Supervi.sor-Fire Department, Building Maintenance Supervisor-Libraries, Building Maintenance Supervisor-Parks and Recreation, Chief Meter Repairman, Civic Center Foreman, Dispatcher I, District Foreman, Equipment Maintenance Foreman, Field Supervisor, Fireman-Mechanic Foreman, Foreman-Water � Department, Forestry Supervisor I, Forestry Supervisor II, Greenskeeper, Maintenance Foreman-Water Department, Mechanic Foreman-t•iunicipal Garage, Mechanic Foreman-Water Department, � Painter-General Foreman, Park Foreman, Public Warks Foreman I, Public Works Foreman II, Public Works Foreman III, Sanitation Foreman, Sewer Foreman I, Sewer Foreman II, Sewer Foreman III, Supervising Cardener, Supervisor of Custodian, Supervisor of Garbage ColJ_ection, Supervisor of Lime Recovery Plant, Supervisor of Pumping, Supervisor of School Ground Maintenance, Traffic Maintenance Foreman I, Traffic Maintenance Foreman II, Water Serviceman Foreman, Watershed Foreman I, Watershed Foreman II, and Zoo Foreman who are employed for more than fourteen (14) hours ner week and more than one hundred (100) work days per year by the City of St. Paul or who are under the control of the City of Saint Paul in the setting of terms and conditions of • employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATTON are unable to agree as to the inclusion or exclusion of a new or modified job class, the iGsue shall be subroitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as it has jurisdiction o��er by law. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit ' under the jurisdiction of this AGREEMENT either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. � 2.4 Neither the ASSOCIATION nor the F.MPLOYER shall discriminate against any employee because of ASSOCIATION membership or nonme�bership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply except those superseded by this AGREEMENT. • - 2 - /��7� t ARTICLE III - MAINTENANCE OF STANDARDS � 3. 1 The City 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 and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. ARTICLE IV - EMPLOYER SECtTRITY 4. 1 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V - EMPLOYF.R AUTHORITY 5. 1 The EMPLOYER retains the sole right to operate and manage all � manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of emplo_yment not specifically established or modified by this AGREEr1ENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. 5.3 The exercise by the EMPLOYER of, or its waiver of or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the EMPLOYER nor the subject or basis of any grievance not admissible in any ' arbitration proceeding. The EMPLOYER'S right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement nor by any claim the EMPLOYER has � claimed or condoned or tolerated any practice or anv act or acts of any EMPLOYEF,S. 5.4 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 organizat3.ona1 structure and selection and direction and number of personnel. � - 3 - ARTICLE VI - ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the� wages of the employees who � suthorize such a deduction in wriiing an amount necessary to cover monthly ASSOCIATIOr dues. Such monies shall be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIATION may designate employees fro� the bargaining unit to act as stewards and alternates and shall inform the EMPLOYER in writing of such choices and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to adninister the provisions • of this AGREEMENT. 6.3 The EMPLOYER sha11 make space available on the e�ployee bulletin board • for the posting of ASSOCIATION notice(s) and announcement(s) . 6.4 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harnless against any and all c?aims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the F.P`_PLOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATIOr stewards shall be allowed to post official ASSOCIATION notices of the designated representatives; transmit communications authorized by the ASSOCIATION or its officers under the terms of this contract; consult with the EMPLOYER, his representative, � ASSOCIATIOt� officers or the ASSOCIATION representative concerning the enforcement ef any provisions of this AGREEMENT, so long as such action does not interfere with regular E�ployee duties and is reasonable ar.d necessary. 6.6 Stewards 2re authorized to perfor� and discharge the duties and responsibilities which are assigned to them under the terms of this AGREE1�SEt�T ar�d aT,y supple�entary AGREEMENTS. The EMPLOlER agrees that there shall be nu restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Ar.�� present or future employee who is not an ASSOCIATION member shall be required to contribute d fair share fee for services rendered by . the ASSOCIAT70N. Upon notification by the ASSOCIATION, the EMPLOYER shall cherk o.`f said fee from the earnings of the er�ployee and transmit the sar�e to the ASSOCIATION. 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 siiail remain operative only so long as specifically provided by Minnesota law and as otherwise legal. It is also understood that the ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken Or not taken by the EMPLOYER under the provisions of this section. • - 4 - ��-i�� ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE . 7. 1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Association Representatives - The EMPLOYER will recognize representatires designated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATIOr shall notify the EMPLOYER in writing of the names of such ASSOCIATION . representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. . 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the Employees and shall therefore be accomplished during normal working hours only when consistent with such Employee duties and responsibilities. The aggrieved employee and an ASSOCIATION Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EMPLOYER during normal working hours provided that the Employee and the ASSOCIATION Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and wouZd not be detrimental to the work programs of the EMPLOYER. • 7.4 Procedure - Grievances, as defined by Section 7. 1, shall be resolved in conformance with the following procedure: Step l . An Employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (71) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as desi�;nated b� the EMPLOl'ER. The Employer--designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A gri�vance not resol.ved in Step 1 and appealed to Step 2 shall be , placed in writing, setting forth the nature of the grievance, the facts on �.�hich it is based, the provision or provisions of the AGREEMENT allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the EMPLOYER-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within ten (10) calendar days shail be considered waived. • - 5 - Article VII - Employee Rights - Grievance Procedure (continued) SteP 2. If appealed, the written grievance shall be presented by the • ASSOCIATION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYFR'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days follow3ng the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. SteP 3. If appe�led, the written grievance shall be presented by the � ASSOCIATION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any griPVance not appealed in writing to Step 4 by the ASSOCIATION within ten (10) calendar days shall be considered waived. SteP 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The sele.ction of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. • 7.5 Arbitrator's Authority - 7.51 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this AGREE;�IENT. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the EMPLOYER and the ASSUCIATICN and shall have no authoritv to make a decision on any other issue not so submitted. 7.52 The arbitrator shall be without po�aer 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 la�a. 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 binding on both the EMPZOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. • - 6 - ��-i�� Article ��II - F.mployee Rights - Grievance Procedure (continued) • 7.53 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the ASSOCIATION provided that each party shall be responsible for compensating its own representatives and witnesses. If either par�y desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. � 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived". If a grievance is not appealed to tre next step within the specified time lir�it or any - agreed extension thereof, it shall be considered settled on the basis of the EMPLOYER'S last answer. If the EMPLOYER does not answer a grievance or an appeal thereof within the specified time limits, the ASSOCIATIOP� may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step May be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. 7.7 It is understood by the ASSOCIATION and the EMPLOYER that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provisi.on of the Rules and Regulations cf Civil Service. It is further understood that, if an • issue is submitted and determined by the grievance procedure under the Ci��il Service Rules and Regulations, it shall not again be submitted for arbitraticn under the procedures set forth in this Article. • - 7 - ARTICLE VIII — SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State • of Minnesota. In the event any provision of this AGREEMENT shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in f.ull force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this AGREEMENT shall continue in full force and effect. • - 8 - i . ��i ARTICLE IX - SENIORITY • 9. 1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: 9.11 "City Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the last date of employment in any and all class titles. 9. 12 "Class Seniority" - The length of continuous regular and probationary service with the EMPLOYER from the date an employee was first certified and appointed to a class title covered by ' this AGREEMENT, it being further understood that class seniority is confined to the current class assignment held by an employee. � 9.2 Seniority shall terminate when an employee retires, resigns or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-time position with the ASSOCIATION. 9.4 Subd. 1. In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by • class title within each division based on inverse length of "Class Seniority". Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. Subd. 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc. , when the number of employees in these higtier titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. Subd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title, provided said � employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in Subd. 1. above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the EMPLOYER to maintain operations. � - 9 - Article IX - Seniority (continued) • 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices, 9.7 The EMPLOYER shall post a seniority list at least once every six (6) months. � � - 10 - ��7/ ARTICLE X - DISCIPLINE • 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reductian; e) Discharge. 10.2 Suspensions, reductions, and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five- (5) day preliminary suspension without pay. During said period, the Employee and/or ASSOCIATION may request and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five- (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may • modify or withdraw same. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that an ASSOCIA'TIGN Representative be present. 10.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in Step 3 of the grievance procedure under ARTICLE VII. � - 11 - ARTICLE XI - CONSTITUTIONAL PROTF.CTION 11.1 Employees shall have the rights granted to all citizens by the United i States and Minnesota State Constitutions. ARTICLE RII - OVERTI�E P.ND PREMIUMS 12. 1 Employees (with the exception of those covered in Section 12.2 hereof) shall be paid one and one-half (1�) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work �•�eek. 12.2 Employees in classification in salary grade 41 or above shall be paid straight time for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.3 An employee who is called back to work following the completion of his regular work day shall be guaranteed four (4) hours' pay at his regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shall include the • following: New Year's Day; Mem�rial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Washington's and Lincoln's Bizthdav, Christopher Columbus Day, Veterans' Day. An employee working a major holiday as defined herein shall receive time and one-half (1'�) his regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all payments fo� holiday work shall be in addition to regular holiday pay. 12.5 An employee sl-�all be compensated in either compensatory time off or overtime payment in cash. 12.6 A night differential of five per cent (5%) shall be provided to employees who work r.ight shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m. , or ending later than 6 p.m. , provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly-assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. • - 12 - ��_i�� ARTICLE XIII - UNIFORMS • 13. 1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or sa°ety equipment as a condition of continued employment, such uniferm and/or equipment shall be furnished and maintained by the EMPLOYER. It is, however, further understood that the EMPLOYER'S obligatioa to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. 13.2 Any unifoi-m or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the EMPLOYER, provided that said damage is not attributable to the negligence or other improper act of the employee. 13.3 The EMPLOYF.R agrees to pay $30.00 toward the cost of a pair of s�afety . shoes purchased by an employee who is a member of this unit. The EMPLOYER shall contribute toward the cost of one pair of shoes per contract year. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Ei-iPLOYER contribution shall apply only to those employees who are reqLired to N�e�r protective shoes or boots by the EMPLOYER. ARTICLE XI�� - �'ACATION • 14. 1 In each calendar year, each full-time employee shall be granted vacation a� the following schedule: Years of Service Vacation Granted 0 th.-u Sth year 10 days 6th year thru 15th year 16 days 16th year thru 25th year 23 days 26th year and thereafter 25 nays. � 14.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 14.3 The head of the depar:ment may permit an employee to carrv over into the following vear up to ten days' vacation. 14.4 The above proviGions of vacation shall be subject to Resolution ro. 6446, Section I, Subd. Y. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of years since the employee's date of appointment. This shall not include years of service prior to a resignation. • - 13 - ARTICLE XV - HOLIDAYS 15.1 Holidaqs Recognized and Observed - The following days shall be . recognized and observed as paid holidays: New Year's Day Martin Luther King Day (effective 1986) Presidents' Day Memorial Day Independ'ence Daq Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day . Ztao floating holidays. 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 fa11 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. 15.2 The floating holidays set forth in Section 15. 1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee.• . 15.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee s name must appear on the payroll on any six working days of the nine working days preceding the holiday or an emploqee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holida,y. In neither case shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temparary, emergency nor other employees not heretofore eligible shall receive holiday pay. � � �}'��,,-�,.;tio�;t��t ��,.,., �Z_c � . �� 15.4 In the case of Board of Education Employees, if/ Presidents' Uay, � '`�� ' f ls on a da when school is in . Columbus Day or Veterans Day al q �� session, the Employee shall work that day at straight time and another � day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. • - 14 - �/��`"�c�71 ARTICLE XVI - INSURANCE . 16. 1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance contributions as are provided by EMPLOYER at the time of execution of this AGREEMENT. 16.2 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 $70.00 per month, whichever is less. For each full-time employee who selects family coverage, the EMPLOYER will contribute the cost of such family coverage , or $180.00 per month, whichever is less. 16.3 For each eligible employee the EMPLOYER agrees to contribute the cost . of $5,000 life insurance coverage. 16.4 In addition to the $5,000 Life Insurance Coverage in 16.3 the EMPLOYER agrees to contribute the cost of additional Life Coverage or $0.59 per thousand dollars of coverage per month, whichever amount is less. The total amount of Life Insurance Coverage provided under this section and Section 16.3 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the EMPLOYER'S Group Health and Welfare Plan. This EMPLOYER paid life insurance shall be discontinued upon retirement. • 16.5 The EMPLOYER will for the period of this AGREEMENT contribute for employees who retire during the period of January 1, 1988 through December 31, 1988 and who select a Health Insurance Plan provided by the EMPLOYER and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $106.32 per month,whichever is less. For such retirees selecting family coverage the EMPLOYER will contribute the cost of such family coverage or $318.41 per month, whichever is less. 16.6 The EMPLOYER will for the period of this AGREEMENT contribute for employees who retire after December 31, 1988 and who select the HMO � plan provided by the EMPLOYER and until such retirees reach sixty-five (65) years of age, the cost� of such retiree coverage or $84. 42 per month, whichever is less. For such retirees selecting family coverage the EMPLOYER will contribute the cost of such family coverage or $211.09 per month, whichever is less. The 1988 HMO plan is understood to be Group Health. 16.7 The EMPLOYER will for the period of this AGREEMENT contribute for employees who retire after December 31, 1988 and who select the Indemnity Health Insurance Plan provided by the EMPLOYER and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $106.32 per month, whichever is less. For such retirees selecting family coverage the EMPLOYER will contribute the cost of such family coverage or $318.41 per month, whichever is less. • the 1988 Indemnity Health Insurance Plan is understood to be the Physician's Health Plan-Combination Plan. - 15 - Article XVI - Insurance (continued) 16.8 For employees who retire at the age of 65 or for early retirees upon reaching age 65, and who have completed at least twenty (20) years of • service at the time of their retirement, the EMPLOYER will provide health insurance contributions toward employee health insurance plans as are provided by the EMPLOYER for retirees 65 years of age or older as approved by Resolution. For such employees or early retirees who have not completed at least twenty (20) years of service 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. 16.9 Employees who retire after execution of this AGREEMENT must meet the . following conditions at the time of retirement to be eligible for the EMPLOYER contributions to health insurance set forth in Articles 16.5, 16.6 and 16.7. � 16.9. 1 Be receiving benefits from a public employee retiree act covering employees of the Independent School District No. 625 at the time of retirement. AND 16.9.2 Have severed his relationship with the Independent School District No. 625 under one of the early retiree plans. 16. 10 Effective January 1, 1989 in addition to meeting the eligibility requirements stated in 16.9.1 and 16.9.2 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Article 16.6 and • 16. 7. 16. 10. 1 The combination of their age and their years of service must equal eighty-five (85) or more OR Must have completed at least fifteen (15) years of service. 16. 11 Effective January 1 , 1989 full-time employees who retire and who meet the conditions set forth in 16.9.1 and 16.9.2 but who meet none of the conditions set forth in 16. 10. 1, shall be eligible for the following percentages of the amount contributed by the EMPLOYER toward , health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. • Combination of Age Contribution for , and Years of Service Single Coverage 84 90% 83 80% 82 70% 81 60% 80 SO% • - 16 - �� Article XVI - Insurance (continued) 16. 12 The health insurance plan(s) offered by the EMPLOYER shall consist of . benefits and conditions as established by the contract(s) between the EMPLOYER and the selected insurance carrier(s) . The 1988 HMO Plan is understood to be Group Health. The 1988 Indemnity Health Insurance Plan is understood to be the Physician's Health Plan-Combination Plan. In the event the EMPLOYER makes a different Health Insurance Plan available to employees, such plan shall be made available to employees covered Ly this AGREEMENT. 16. 13 The contributions indicated in this Article 16 shall be paid to the EMPLOYER'S Group Health and Welfare Plan. 16. 14 Any cost of any premium for any EMPLOYER-offered employee or family insurance coverage in excess of the dollar amounts stated in this � Article 16 shall be paid by the employee. 16. 15 For the purposes of this Article 16 an early retiree is a retiree who is less than sixty-five (65) years of age. 16. 16 For the purposes of this Article 16, years of service shall be defined as the number of years since the employee's date of appointment. This shall not include years of service prior to a resignation. • � - 16b - ��`/�7l ARTICLE XVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 • 17. 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: PLAi� "A", effective with the adoption of this Agreement, is reimbursed at the rate of 23C per mile. In addition, a maximuM amount which can be paid per month is established by an esti�ate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the ex.perience of another working in the same or similar positiou. L�nder this plan, it is necessary for the employee to keep a record of each trip made. • • - 17 - ARTICLE XVIII - SEVERANCE PAY 18. 1 EMPLOYEES shall be eligible for severance pay in accordance with the � School District's Severance Pay Plan. The amount of severance pay allowed shall be that amount permitted by state statutes subject to the provision [hat the maximum amount allowed shall be $4,000. or as established by Section ]fi.2 of this Article. 18.2 Severance Pay: Provisions effective December 31, 1984. The Employer shall provide a severance pay program as set forth in this Section: 18.21 To be eligible for the severance pay program, an employee _ must meet the following requirements: 18.21. 1 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "r.ule of 85" provisions of the Public Employees Retirement Association (PERA) . 18.21.2 The emplovee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 18.21.3 The employee must have at least ten (10) years of . consecutive service under the classified or unclassified Civil Service at the time of separatzon. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meetin� this ten- (10) year service requirement. 18.21.4 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or � re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. , 18.�1 .5 The employee must have accumulated a minimum of sixty (60) davs of sick leave credits at the time of his separation from service. 18.22 If an emplo_yee requests severance pay and if the employee mE��tG the eligibility requirements set forth above, he or she will be gratited severance pay in an amount equal to one-half of the daily rate of pay for the position held by the er�ployee on the date of separation for each day of acerued sick leave subject to a maximum of 200 accrued sick leave days. • - 18 - C'��y7i Article XVIII - Severance Pay (continued) • 18.23 The maximum amounL of money that any employee may obtain through this severance pay program is $6,500. 18.24 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 18.25 For the purpose of this severance pay program, a transfer rrom 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 severaace program. 18.26 The mauner of payment of such severance pav shall be made in accordar.c� with the provisions of the School District Severance Pay Plan already in existence. 18.27 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section • conflict with said Severance Pay Plan and in such cases, the provisions o£ this section shall control. 1.8.28 Any employee hired prior to December 31, 1984 may, in any event, an3 upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 maxi.mum payment) , draw severance pay. However, an election by the employee to draw se��erance pay under ei*he: this section or the basic School District Severance Pay Plan shall constitute a bar to receiving severancP pay from the other. Any employee hired after , December 31, 1984 shall be entitled only to the benefits of this section upon meeting the qualifications herein. ' 18.29 An emp?oyee of Independent School District No. 625 shall not be eligible for the severance pay provision of this section if such employee is also eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agree- ment with the exclusive representative dated November 7, 1953. � - 19 - ARTICLE XIX - WORKING OUT OF CLASSIFICATION 19. 1 Any employee workir.g an out-of-class assignment for a period in excess � of fifteen (15) working days during any fiscal year of EMPLOYER shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-ti�e performar.ce of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he were promoted to the hi�her classification. ARTICLE XX - MATERNITY LEAVE 20. 1 Maternity is defined as the physical state of pregnancy of an enployee, commencing eight (8) months before the estimated date of childbirth, as cletermined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. ARTICLE XXI - NO STRIKE, NO LOCKOUT • 21. 1 The ASSOCIATIOT: and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay in or other considered interference with the EMPLOYER'S business or affairs by the ASSOCIATIOIv andior the members thereof, and there shall be no bannering durin� the existence of this AGREEMENT without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE XXII - RIGHT TO SUBCONTRACT ' 22. 1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered b� thi� AGREEMENT, the EMPLOYER shall give the ASSOCIATION a ninety (9G) calendar day notice of the intention to subcontract. • - 20 - ��7� ARTICLE XXIII - ADMINISTRATIVE SERVICE FEE • 23.1 The ASSOCIATION agrees that an administrative service fee of fifty cents ($.50) per member per month shall be deducted by the EMPLOYER from the amount withheld for dues or fair share prior to remittance of dues or fair share to the ASSOCIATION. . • - 21 - ARTICLE XXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective January 2, 1988: • UNGRADED (Hourly Rates) Assistant Supervisor of Custodians 515.86 Dispatcher I (paid out of grade) 515.75 Cus:odial Supervisor-Civic Center 514.61 Painter General Foreman S19.98 Ivight Custodial Supervisor--Civic Center 512.32 0-6 mos after 6 mos Custodian-Engineer (Public Safety Bldg) 515.89 516.47 ' GRADED (Bi-weekly Rates) Marina Services Supervisor lst 6 mos. after 6 mos. 51217.95 51252.05 Animal Control Supervisor *Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Supervisor I Sewer Foreman I Supervising Gardener • Traffic Maintenance Supervisor I Water Service Supervisor Water Shed Foreman I Zoo Supervisor lst 6 mos. � after 6 mos. $1321.50 51357.36 Equipment Maintenance Foreman ' Bridge Maintenance Supervisor II Foreman-Water Department Forestry Supervisor II � Grounds and Labor Coordinator Meter Operations Supervisor Public Works Supervisor II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor � Water Shed Foreman II lst 6 mos. after 6 mos. 51394.90 51434.95 � - 22 - �� • ARTICLE XXIV - (Continued) Effective January 2, 1988 � GRADED (Bi-weekly Rates) *Supervisor of Lime Recovery Plant Supervisor of Water Production Maintenance Traffic Maintenance Foreman II Water Production Operations Supervisor lst 6 mos. after 6 mos. 51476.70 �1521.72 Building Maintenance Supervisor--Libraries Public Works Supervisor III � Sewer Foreman III lst 6 mos. after 6 mos. , $1521.72 51565.11 Building Maintenance Supervisor--Fire lst 6 mos. after 6 mos. �1607.65 51654.36 Public Works Field Supervisor lst 6 mos, after 6 mos. $1656.90 51706.11 Building Maintenance Supervisoz--Parks and Rec. Supervisor of Custodial Services • lst 6 mos. after 6 mos. 51706.93 51757.82 FOOD SERVICE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. $12.98 513.64 $14.31 515.03 �15.83 The above Januar} 2, 198E rate� represent a two and eighty-five one-hundreths (2.857) increase over the January 3, 1987 rates. ` Retroactive pay adjustments shall not apply to employees whose employment was terminated prior to April 14, 198$. • - 23 - . ARTICLE 7IXIV - WAGE SCHEDULE The wage schedule for purposes of this contract shall be as follows: Effective December 31, 1988 � UNGRADED (Hourly Rates) Assistant Supervisor of Custodians 116.31 Dispatcher I (paid out of grade) 516.20 Custodial Supervisor-Civic Center t15.03 Painter General Foreman 520.55 Night Custodial Supervisor-Civic Center 512.67 0-6 mos. after 6 mos. , Custodian-Engineez (Public Safety Bldg) E16.34 516.94 GRADED (Bi-weekly Rates) � Mazina Services Supervisor lst 6 mos. after 6 mos. 51252.66 S1287.73 Animal Contzol Supervisor *Chief Meter Repairman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Supervisor I Sewer Foreman I • Supervising Gardener Traffic Maintenance Supervisor I k'arer Service Supervisor Water Shed Foreman I Zoo Supervisor lst 6 mos. after 6 mos. 51359.16 51396.04 � Equipment Maintenance Foreman BzidgE Maintenance Supervisor II Fozeman-Water Department � Forestry Supervisor II Grounds and Labor Coordinator Meter Operations Supervisor Public Works Supervisor II �ewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor � Water Shed Foreman II lst 6 mos. after 6 mos. 51434.65 t1475.85 . - 24 - � ��_/��/ • ARTICLE RXIV - (Continued) Effective December 31, 1988 � GRADED (Bi-weekly Rates) *Superviso: of Lime Recovery Supervi.sor of Water Production Maintenance Traffic Maintenance Foreman II WGter Production Operations Supervisor lst 6 mos. after 6 mos. 51518.79 51565.09 Building Maintenance Supervisor--Libraries . Public Works Supervisor III Sewer Foreman III lst 6 mos. after 6 mos. 51565.09 $1609.72 Building Maintenance Supervisor--Fire lst 6 mos. after 6 mos. 51653.47 51701 .51 Public Works Field Supervisor lst 6 mos. after 6 mos. 51704.12 51754.73 • Build�ng Maintenance Supervisor--Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1755.58 �1807.92 FOOD SERVICE EQUIPMEA'T SPECIALIST (Hourly Rates) ' Start 6 Mos. 1 Yr. 2 Yrs. 3 Yrs. S13.3� 514.03 514.72 515.46 516.28 • The above zates represent a two and eighty-five one-hundreths increase (2.857) over the January 2, 1988 rates. � - 25 - ��-i�� ARTICLE XXV - TERM OF AGREEMENT • 25.1 This AGREEMENT shall be effective as of January 1, 1988 and shall continue in effect through December 31, 1989. This AGREEMENT shall not be eatended orally and it is understood that it shall expire on the date i.n�?icated. 25.2 It is understood that this settlement shall be recommended by the School Board Negotiator, but is subject to approval by the Board of Education. 25.3 The EMPLOYER and the ASSOCIATION acknowledge that during the meeting � and negotiating which resulted in this AGREEMENT, each had the right • and opportunity to make proposals with respect to any subject • concerning the terms and conditions of employment. The agreements � and understandings reached by the parties after the exercise of this right are fully and completely set forth in this AGREEMENT. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this AGREEMENT, are hereby superseded. in those areas where Civil Service Rules are not consistent with this AGREEMENT, the Civil Service Rules shall continue to be in effect. • IN i�'ITNESS WF�.EREOF tne parties have caused this AGREEMENT to be executed this �,5�z'�'_ da�� of July, 1988. INDEPENDENT SCHOOL DISTRICI ?�0. 625 CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPER�'ISORS' ASS'N. , • �/��W C, t� � _ \�''Qn'jtLz �f/ ..�� Negotiat r P sident � Chairman, Board of F.duca*_ion • - 26 -