99-31Council File # � �'
0 R l G I�f A L RESOLUTION
�, „� ,CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Green Sheet # 62419
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Committee Date
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RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1998 through April 30, 2000 Empioyment Agreement between the Independent School District
No. 625, 5aint Paul Public Schools, and the International Brotherhood of Painters and Allied Trades
Loca161.
Requested by Depariment of.
Office of Labor Relations
By: �L'�T/S' ° �=--r
Form Appro���� • �
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By: — 1 �
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Adopted by Councii: Date �
Adoption Certified by Council Secretary
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DEPARTMENT/OFFICE/COUNCQ.: DATE IIVTTIATED GREEN SHEET 1vo.: 62419 �a9'��
LABOR RELATIONS 12/28/98
CONTACT PERSON & PAONE: q INITini/un'[E INm,wup�f'E
NI.� �Pau$ 266-6513 p�IGN 1 DEPARTMENf DIIt M'K 4 CITY COUNCIL
NUMBER 2 C771' ATTORNEY� CITY CLERK
MUSf BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf DIR. FIN. & MGT. SERVICE DII2.
ROUTING 3 MAYOR (OR ASSf.I�
ORDER U
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncriox �QUesrEn: This resolution approves the attached May 1,1998 through Apri130, 2000 Employment
Agreement between Independent School Distdct No. 625, Saint Paul Public Schools, and the International
Brotherhood of Painters and Allied Trades Locat 61.
RECOMbvffi�INDATTONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUS'C ANSWER THE FOLLOWING
QUESTTONS:
_PLHNNING CAMbIISSION _CIVIL SERVICE COhIIvfISSION 1. Has this person/fiIm ever worked under a contract for this depaztrnent?
_CB COMIvIITTEE Yes No
_STA£F 2. Has this persodfum ever been a city employee?
_DISTRICT COURT Yes No
SUPPORTS WfflCH COtJNCIL OBJECTIVE? 3. Dces this Qerson/firm possess a skitl not novna(ly possessed by any curtent city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green s6eet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Whq W6ay When, Where, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGESIFAPPROVED: �°e r2�� - -�-s
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DISADVANTAGES IF APPROVED: �
DISADVANTAGES IF NOT APPROVED:
TOTALAMOUNTOFTRANSAC170N: COST/REVENUEBUDGETED: RECEIVED
FUNDING SOURCE: ACI'IVITY NUMBER:
DEC ;� � ig98
FINANCIAI, IlVFORMATION: (EXPLAIIV)
�AYO�i'S OFFiCE
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION q� "�`
SAINT PAUL PUBLIC SCHOOLS
DATE: July 21, 1998
TOPIC: Approval of an Employment Agreement With Intemational Brotherhood of
Painters and Allied Trades, Local 61 to Establish Terms and Conditions of
Employment for 1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period May 1, 1998 through April 30, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The District has ten regular F.T.E. in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois Rockney, Interim Executive
Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom International Brotherhood of Painters and Allied Trades, Local 61, is the
exclusive representative; duration of said Agreement is for the period of May 1, 1998 through
April 30, 2000.
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TABLE OF CONTENTS
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ARTICLE
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Articie 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Articie 16.
Articfe 17.
Article 18.
Article 19.
ArYicle 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Arficle 28.
TITLE PAGE
Preamble .................................................................................................. i v
Purpose....................................................................................................... 1
Recognition ..................................................................................................1
Empioyer ..........................................................................................2
Union Rigfits ................................................................................................2
Scope Of The Agreement ............................................................................... 2
Probationary .................................�°-°-------....................................3
Philosophy of Empioyment And Compensation ............................................3
Hoursof Work .............................................................................................4
Overtime ...................................................................................................... 4
Cali Back ......................................................................................................5
Work Location .............................................................................................5
Wages ........................................................................................................... 6
Fringe Benefits .......................................................................................... i 0
Selection of Foreman and General Foreman ..............................................1 0
Holidays.....................................................................................................i 1
Disciplinary Procedures ...........................................................................12
Absences From Work .................................................................................1 2
Seniority ...................................................................................................1 3
Jurisdiction ................................�--............................................................1 4
Separation .................................................................................................1 4
Tools..........................................................................................................1 4
Grievance Procedure .................................................................................1 5
Right of Subcontract .................................................................................. i 7
Non-Discrimination ..................................................................................i 7
Severabil ..............................................................................................1 7
Waiver.......................................................................................................1 8
Mileage ......................................................................................................1 8
Duration Pledge ...................................................................................i 9
Appendix ............................................................................................... 2 0
Appendix ............................................................................................... 2 �
Appendix .........................................................................................2 1- 2 3
Appendix ............................................................................................... 2 4
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PREAMBLE
This Agreement is entered into between Independent Schooi District No. 625,
hereinafter referred to as the Employer and the International Brotherhood of Painters
and Allied Trades Locai 61, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union boih realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at all levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
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ARTICLE 1. PURPOSE
1.1
The Employer and the Union agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Employer and the Union;
1.1 .3 Establish procedures to orderiy and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is
in conflict with such legislation, the latter shail prevaii. The parties, on written
notice, agree to negotiate that part in conflict so that it conforms to the statute as
provided by Article 25 (Severability).
ARTICLE 2. R�COGNITION
2.1 The Employer recognizes the Union as the exclusive representative for coliective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the ciasses of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No. 90-PCL-3108 dated December 29, 1989.
2.2 The classes of positions recognized as being exclusively represented by the U�ion
are as listed in Appendix A.
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ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited by this
Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall
remain with ihe Employer to eliminate, modify or establish fo!lowing written
notification to the Union.
ARTICLE 4. UNION RIGHTS
4.1 The Employer shall deduci from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such
monies deducted shall be remitted as directed by the Union.
4.1.1 The Employer shall not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify ar�d save harmless the Employer from any
and all claims or charges made against the Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 2 2
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or ihe designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the 'Yerms and conditions of employment" defined by
Minnesota Statute §179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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6.1 Aii personnel, originaliy hired or rehired foilowing separation, in a regular
employment status shall serve a six (6) month probationary period during
which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 Ail personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shail be
evaluated.
6.2.1 At any time during 4he promotional probationary period an empioyee
may be demoted to the employee's previously-held class of positions at
the discretion of the Empioyer without appeal to the provisions of
Article 22 (Grievance Procedure).
� 6.2.2 An employee demoted during the promotionai probationary period shall
be returned to the employee's previously-held class of positions and
shali receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shali be a"cash" houriy wage and "industry"
fringe benefit system.
7.2 The Employer shali compensate employees for all hours worked at the basic
houriy wage rate and hourfy fringe benefit rate as found in Articles i2 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefits shall be accumulated or eamed by an
� empfoyee except as specificalfy provided for in this Agreement; except those
employees who have individually optioned to be °grandfathered" as provided by
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Article 12.2.
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ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enfer into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the estabtished workday untess othervvise directed by
their supervisor.
8.6 Ali employees are subject to call back by the Employer as provided by
Article i0 (Cal! Sack).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
unless notificaiion has been given not to report for work prior to leaving home,
or during the previous workday.
ARTICLE 9. OVERTIME
9.1 Time on the payroll in excess of the normal hours set forth above shall be
°overtime work" and shall be done only by order of the head of the department.
An employee shall be recompensed for work done in excess of the normal hours
by being granted compensatory time on a time-and-one-half basis or by being
paid on a time-and-one-half basis for such overtime work. The basis on which
such overtime shall be paid shall be determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the hourly rate shall be the overtime rate
for work pertormed under the following circumstances:
9.2.1
9.3
9.2.2
Time worked in excess of eight (8) hours in any one normal workday,
and
Time worked in excess of forty (40) hours in any work week.
The time and one-half overtime rate shall be based on the total rate, including
any premium pay, being earned during the overtime hours worked.
For the purpose of calculating overtime compensation, overtime hours worked
shalf not be "pyramided,' compounded or paid twice for the same hours worked.
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ARTICLE 1 0. CALL BACK
• 1 0.1 The Employer retains the right to call back employees before an employee has
• started a normal workday or normal work week and after an employee has
completed a normai workday or normal work week.
1 0.2 Employees cailed back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
1 0.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when appiicabie, and subject to the minimum estabiished
by 10.2 above.
1 0.4 Employees called back four (4) hours or less prior to their normal workday
shaii complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 11. WORK LOCATION
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, empioyees may be assigned to other
� work locations at the discretion of the Empioyer.
1 1.2 Empioyees assigned to work locations during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shalf be compensated for miieage, as provided in Article 27 (Mileage).
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ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Employees who were covered by the fringe benefits listed below prior to
February 15, 1994, shall be considered for purposes of this Agreement,
non-participating employees and shall continue to be covered by such benefits.
They shall be subject to alt other provisions of the Agreement, but shall not have
hourly fringe benefit contributions and/or deductions made on their behalf �
provided for by Article 13 (Fringe Benefits).
12.2.1 Insurance premium contributions as established by Independent School
District No. 625 including life and health insurance premium
contributions for early retirees as of the time of ihe early reTirement
who have retired since May 23, 1973 in such time as they reach
sixty-five (65) years of age. In order to be etigible for the health
insurance premium contributions under the eariy retiree or retiree
provision, the empioyee must:
12.2.1 .1 Be receiving benefits from a public employee retirement
act at the time of retirement.
12.2.1 ,2 Have severed the employment relationship with the City of
Saint Paul and Independent School District No, 625 under
one of the early retiree plans.
12.2.1 .3 Inform the Personnel Offices of Independent School District
No. 625 and !he City of Saint Paul in writing within 60
days of employee's early retirement date that he or she
wishes to be eligible for early retiree insurance benefits.
12.2.1.4 Retire prior to April 30, 2000.
12.2.2 Sick leave as established by the Civil Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H; however, employees in this
bargaining unit, covered by this vacation provision, shall be granted
vacation at the rates shown below for each fufl hour on the payroli,
excluding overtime.
Years of Service
Less than 15 years
At least 15 years but less than 25 years
After 25 years
Hours of Vacation
.0770
.0808
.0847
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision I.
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ARTICLE 12. WAGES (continued)
� 12.2.5 Severance benefits as established by the School DistricYs Severance
Pay Plan with a maximum payment of $4,000. or as estabiished by
Section 12.26 of this Article.
12.2.6 Severance Pay: Provisions effective September 1. 1984. The
Employer shall provide a severance pay program as set forth in this
Section.
12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements:
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12.2.6.1.1 The employee must be fiifty-eight (58) years
of age or older or must be eligible for pension
under the "Rule of 90" or the "Rule of 85"
provisions of the Public Employees
Retirement Association (PERA). The "Rule oi
90" or the "Rule of 85" criteria shali also
apply to employees covered by a pubiic
pension pian other than PERA.
12.2.6.1 .2 The employee must be voluntarily separated
from School District employment or have
been subject to separation by layoff or
compulsory retirement. Those employees who
are discharged for cause, misconduct,
inefficiency, incompetency or any other
disciplinary reason are not eligible for this
severance pay program.
12.2.6.1 .3 The employee must have at least ten (10)
years of consecutive service under the
classified or unclassified Civil Service at the
time of separation. For the purpose of this
Article, employment in either the City of
Saint Paul or in Independent Schooi District
No. 625 may be used in meeting this ten
(10)-year service requirement.
12.2.6.1 .4 The employee must file a waiver of
re-employment with the Directors of Human
Resources of Independent School District
No. 625 and the City of Saint Paul, which
will clearly ind+cate that hy 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.
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ARTICLE 12. WAGES (continued)
12.2.6.1.5 The employee must have accumulated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
12.2.6.2 If an employee requests severance pay and if the employee
meets the eligibil'ity requirements set forth above, he or
she will be granted severance pay in an amount equal to
one-half of the daily rate of pay for the position held by the
employee on the date of separation for each day of accrued
sick leave subject to a maximum of 200 accrued sick leave
days.
12.2.6.3 The maximum amount of money that any employee may
obtain through this severance pay program is $7,500.
12.2.6.4 For the purpose of this severance pay program, a death of
an employee shall be considered as separation of
employment and, if the employee woutd have mei 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.
12.2.6.5 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.
12.2.6.6 The manner of payment of such severance pay shail be
made in accordance with the provisions of the School
District Severance Pay Plan already in existence.
12.2.6.7 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 of this Section shall
control
12.2.6.8 Any employee hired prior to February 15, 1974 may, in
any event, and upon meeting the qualifications of this
Section or the originai School District Basic Severance Pay
Plan (which aflows $4,000 maximum payment}, draw
severance pay. However, an election by the employee to
draw severance pay under either this Section or the basic
School District Severance Pay Plan shall constitute a bar
to receiving severance pay from the other.
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ARTICLE 12. WAGES (continued)
� 12.2.6.9 An employee 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
Eariy Retirement Incentive payment under the
Memorandum of Agreement with the exclusive
representative dated October 19, 1983.
12.2.7 Flexibie Expense Accounts Pian. it is the intent 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 legal regulations and IRS
requirements for such accounts.
12.3 Regular employees not covered by the fringe benefiYs listed in Article 12.2 shall
be considered, for the purposes of this Agreement, participating employees and
shall be compensated iR accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.4 Temporary employees sha{I be considered, for the purposes of this Agreement,
participating employees and shall be compensated in accordance with
� Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behalf as provided for by Article 13 (Fringe Benefits).
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this Agreement, participating employees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
1 3.1 The Employer shall make contributions on behalf of and/or make deductions from �
the wages of participating empioyees as defined by Articles 12.3, 12.4, and 12.5 .
covered by this Agreement in accordance with Appendix D for ap hours worked.
ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Painter Foreman shall remain
solely with the Employer.
14.2 The class of position Painter Foreman shall be filled by employees of the
bargaining unit on a"temporary assignment "
14.3 All "temporary assignments" shall be made only at the direction of a designated
Employer supervisor.
i 4.4 Such °temporary assignments" shal! be made only in cases where the class of
positions is vacant for more than one (1) normal workday.
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New Year's Day,
Martin Luthes King, Jr.
Presidents' Day,
Memorial Day,
Independence Day,
labor Day,
Veterans' Day,
Thanksgiving Day,
Day After Thanksgiving
Christmas Day,
ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
January 1
Day, Third Monday in January
Third Monday in February
Last Monday in May
July 4
F9rst Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25.
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1 5.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays ta{ts on a Saturday, tfie preceding Friday shall be considesed
the designated holiday.
1 5.3 The ten (10) holidays shail be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating o r
emergency reasons, employees may be scheduled or °called back" in accordance
with Article 10 (Cail Back).
� 1 5.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to
work on Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day or the day
after Thanksgiving shali be compensated at the basic hourly rate for such hours
worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an employee other than a participating employee entitied to a holiday is
required to work on Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day
or the day after Thanksgiving, the employee shall be granted another day off with
pay in lieu thereof as soon thereafter as the convenience of the department
permits or shall be paid on a straight-time basis for such hours worked i n
addition to his regular holiday pay.
If an employee other than a participating employee entitled to a holiday is
required to work on New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day or Christmas Day, the empioyee shall be recompensed tor
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 for such hours worked
in addition to his regular holiday pay.
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Eligibility for holiday pay shall be determined in accordance with Section I,
Subsection I of the Saint Paul Salary Pian and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
15.8 If Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day or the day after
Thanksgiving falls on a day when school is in session, the employee shall work
that day at straight time and another day shall be designated as the holiday. This
designated holiday shaii be determined by agreement between the employee and
his supervisor.
ARTICLE 1 6. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on emptoyees
forjust cause.
16.2 Disciplinary actions by the Employer shall include only the foilowing actions:
16.2.10ra1 reprimand;
16.2.2Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute §179A.20, Subd. 4, and thereby shall have the right to request
that such actions be considered a°grievance" for the purpose of processing
through the provisions of Article 22 (Grievance Procedure). Once an empioyee
or the Union in the employee's behalf initiates review of an action, that matter
shall not again be reviewed in another forum. Oral reprimands shall not be
subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification may be grounds for discipline as provided i n
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normat
workdays may be considered a"quiY' by the Employer on the part of the
employee.
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ARTICLE 18. SENIORITY
• 1 8.1 For the purpose of this Article the following terms shall be defined as follows:
18.1.1 The term, "Employer,° shall mean Independent School District
No. 625, Saint Paut Public Schools.
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18.1.2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Empioyer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a class
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's ciass seniority starts at zero the day of appointment to a Schooi
District position in that title and begins to be calculated from that date.
An employee's Class Seniority does not revert to zero following recall
from an Empioyer initiated layoff within the twenty-four (24)-month
recall rights period specified in 18.4. This definition of class seniority
would be used for all lay-off decisions.
� 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a 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 empioyee to accept an
appointment to the unciassified service of the Employer or to an elected o r
appointed fuli-time position with the Union.
18.3 Seniority shall terminate when an employee retires, �esigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by ciass title within each Department based
on inverse length of °Ciass Seniority" Employees laid off by the Emptoyer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by fhis Agreement, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from layoff shall be i n
inverse order of layoff, except that recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Empioyer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shali be made by class title based on length of
� "Class Seniority," subject to the approval of the Empioyer.
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ARTICLE 19. JURISDICTION
1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as •
an appropriate subject for determination by the various unions representing .
empioyees of the Empioyer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any -
mutuai agreements between the unions invoived.
7 9.3 In the event of a dispute concerning the performance or assignment of work, the
unions involved and the Employer shall meet as soon as mutually possible to
resolve the dispute. Nothing in the foregoing shall restrict the right of the
Employer to accomplish the work as originally assigned pending resolution ot the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 192 and 19.3 above shall be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
19.5 There shali be no work stoppage, slow down or any disruption of work resulting
from a work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the foilowing actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice four[een (14) calendar days prior to the effective date of the
resignation.
20.1 .2 Discharae. As provided in Article 16.
20.1.3 Faiture to Report for Dutv. As provided in Article 17.
20.2 Employees having temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
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ARTICLE 21. TOOLS
21 .1 All employees shall personaliy provide themselves with the tools of the trade � �
listed in Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
• 22.1 The Employer shail 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 ihe Stewards and ot tfieir
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibifities. 'The Steward involved arid a grieving employee shall suffer rro
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previousiy noted i n
Ar4ic4e 16 (Discipl+nary Procedures), be the sole and exclusive procedure, for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the tollowing procedure:
Ste° 1. Upon the occurrence of an alleged violation of this Agreement, the
� employee invofved shall atlempt 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, fhe 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 seven {7) calendar days of the first
occurrence of the event giving rise to the grievance or within seven ( 7)
days of the date when the grievant with the use of reasonable diligence
shouid have had knowledge of the first occurrence of the event giving
rise to the grievance, shall be considered waived.
Ste° 2. Within seven (7) calendar days after receiving the written grievance, a
des+gnated Empioyer Supervisor shall meet with the Union Steward and
attempt to resoive the grievance. If, as a result of this meeting, the
grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendar days following this meeting. The
Union may refer the grievance in writing to Step 3 within seven ( 7)
calendar days following receipt of the Employer's written answer. Any
grievance not referred in writing by the Union within seven ( 7)
calendar days foliowing receipt of the Employer's answer shail be
considered waived.
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Ste�3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Employer Supervisor shall meet
with the Union Business Manager or the designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer concerning the grievance. If, as a result
of the written response, the grievance remains unresolved, the Union
may refer the grievance to Step 4. Any grievance not referred i n
writing by the Union may refer the grievance to Step 4 within seven
(7) calendar days following receipt of the Employer's answer shall be
considered waived.
Steo 4. If the grievance remains unresolved, the Union may within seven ( 7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutuai agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within tfie said seven (7j-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.
22.5 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.
22.6 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 representative and witnesses. If either
party cancels an arbitration hearing or asks for a last-minute postponement that
leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. ff either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing i t
pays for the record.
22.7 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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ARTICLE 23. RIGHT OF SUBCONTR.4CT
23.1 The Employer may, at any time during the duration of this Agreemeni, contract
out work done by the employees covered by this Agreement. In the event that
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shail give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 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 non-membership in the
Union.
24.2 Employees will pertorm their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
employees and the generai public.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeai is taken, such provision(s) shall be
voided. All other provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the
voided provisions of the Agreement in compliance with the legislative,
administrative or judiciai determination.
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ARTICLE 26. WAIVER
26.1 The Empioyer and the Union acknowledge that during the meeting and negotiating �
which resulted in ihis Agreement, each had the right and opportunity to make
proposals with respect to any subject conceming the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this righi are fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
that the other party shall not be obligated to meet and negotiate over any term o r
condition of employment whether specifically covered or not specifically covered
by this Agreement. The Union and Employer may, however, mutually agree to
modify any provision of this Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, arxi
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District under policy adopted by the Board of Education •
may be reimbursed for the use of their automobiles ior school business. To be
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN ° A". Effective with the adoption of this Agreement, is reimbursed at the
current Board of Education approved mileage rate or 31� per mile whichever is
more. 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 mauimum amount can be the
experience of another employee working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specificalfy
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of April, 1999, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this Agreement effective as of the date
of expiration, the party wishing to modify or terminate the Agreement shall give
written notice to the other party, not more than ninety (90) or Vess than sixty ( 6 6)
calendar days prior to the expiration date, provided that the Agreement may only be
so terminated or modified effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment estabiished by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming its application or interpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees wiil not engage in, instigate or condone any
concerted action in which employees fail to report for duYy, wiVifufly
absent themselves from work, stop work, slow down their work or absent
themselves in whole or part from the full, faithful performance of their
duties of emp{oyment.
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28.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
28.3.3 This constitutes a tentative Agreement between the parties which will be
recommended by the schooi board negotiator, but is subject to the approval
of the Board of Education, and is also subject to ratification by the Union.
Agreed to and attested to as the fuil and complete understanding of the parties for the period of
time herein specified by the signature of the following representatives for the Employer arxi
the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
INTERNATIONAL BROTHERHOOD OF
PAI TERS ALLIED TRAD CAL 61
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Business Agent
7- Z/ 9�
Date
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APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by �
the Union are as follows:
Painter
Painter Foreman
Apprentice - Painter
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
APPENDIX B
Duster
Wali Scrapers
Putty Knife
Broad Knife
Hammer
Screwdrivers
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APPENDIX C
C-1 . fhe total hourly cost to the Employer tor wages plus any and a44 contributions o r
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
4-25-98
Painter
Painter Foreman
$29.54
$30.54
Effective
5-1-99
$30.76
$31 .76
C-2. The total taxable hourly rate including wages and the vacation contribution i n
Appendix D and excluding all other henefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions and who are not covered by the Employer's benefit package described i n
Article 12.2 shaN be as follows:
Effective
4-25-98
Painter
Painter Foreman
$20.09
$21.04
Effective
5-1-99
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C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation
analysis ourposes only. These figures represent the portion of the
Appendix C-1 rates above specifically allocated to wages. These rates
do NOT include taxable benefit contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C-2 above for
total tauable payroll information.
Painier
Painter Foreman
Effective
4-25-98
$18.41
$19.36
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Effective
5-1 -99
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APPENDIX C (continued)
C-3. The total taxable hourly rate including wages and the vacation contribution in
Appendix D for temporary employees appointed to the following classes of
positions shail be:
Effective
4-25-98
Aainter
Painter Foreman
$22.13
$23.13
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If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the
calculated hourly rate may change so the Employer's cost doe.s not exceed the
amounts listed in C-1 above.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
' The April 25, 1998, hourly rates in Appendices C-2, C-2A and C-3 shall
be determined at a later date based on the allocation agreed to by the
Employer and the Union of the April 25, 1998, total hourly cost stated i n
Appendix C-1.
C-4. The basic hourly wage rates for the Apprentice class of positions:
PAINTER APPRENTICE RATES
(Hired before May 1. 1 9841
% of Painter rate
first 500 hours 50%
501 to 1,000 hours 55%
1,001 to 1,500 hours 60%
i,50i to 2,000 hours
2,001 to 3,000 hours
3,001 to 4,000 hours
4,001 to 5,000 hours
5,001 to 6,000 hours
65%
70%
759'0
80%
s o °ro
PAINTER APPRENTICE RATES
(Hired on or after May 1 1 9841
first 1,000 hours
1,001 to 2,000 hours
2,001 to 3,000 hours
3,001 to 3,500 hours
3,501 to 4,000 hours
4,OOi to 4,SOQ hours
4,501 to 5,000 hours
s,00y to s,000 no��s
% of Painter rate
40%
45%
50%
55%
60%
7Q%
80%
90%
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Effective
5-1-99
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APPENDIX C (continued)
C-5. The basic hourly wage rate for regular employees appointed to the foliowing
classes of positions who are covered by the Employer's fringe benefft package and
receiving those benefits listed in Article 12.2 shall be:
Painter
Painter Foreman
Effective
4-25-98
$22.75
$23.80
Effective
5-1-99
'` The April 25, 1998, hourly rates in Appendix C-5 shall be the rates as
those shown in Appendix C-1 less the cost of sick leave usage for 1 997;
and less the cost of hotidays, pension, and vacation for 1998; and less the
cost of health and life insurance for the period May 1997 through
April 1998 incurred by the Employer for employees in this bargaining
unit.
• If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, section C-1.
PREMIUM PAYASSIGNMENTS:
When pertorming the following types of work, the rate ofi pay shafl be seventy-five
cents ($.75) per hour over the basic hourly wage rate of any class of positions.
Sandblasting, swing stage work, erected structural steel skeieton work,
ali bridge work, all exterior work where safety belt or window jacks are
used, spray painting and when applying materiais over 50% creosote, and
for application of all two-component epoxy materiats.
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APPENDIX D
Effective April 25, 1998, the Employer shall forward the amounts designated in this •
Appendix D for participating employees covered by this Agreement and defined i n �
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Empfoyer:
( 1) $1.68 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacation Fund.
( 2) $2.95 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $425 per hour for all hours worked to a Union-designated Pension Fund
( 4) $1.00 per hour for all hours worked to a Union-designated International
Pension Fund, for regular employees paid at the Appendix C-2 rate.
( 5) $.21 per hour for all hours worked to a Union-designated Aoorenticeship
Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change the
calculated hourly base rate of pay so the Employer's cost does not exceed the
amounts listed in C-1 above.
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All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined i n
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
established by this Agreement. The actual leve! of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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Council File # � �'
0 R l G I�f A L RESOLUTION
�, „� ,CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Green Sheet # 62419
�7
Committee Date
1
2
3
4
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1998 through April 30, 2000 Empioyment Agreement between the Independent School District
No. 625, 5aint Paul Public Schools, and the International Brotherhood of Painters and Allied Trades
Loca161.
Requested by Depariment of.
Office of Labor Relations
By: �L'�T/S' °—�—�-r
Form Appro���� • �
B � 1'!.'a I�g
to
By: — 1 �
� Approved by
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Date
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Adopted by Councii: Date �
Adoption Certified by Council Secretary
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DEPARTMENT/OFFICE/COUNCQ.: DATE IIVTTIATED GREEN SHEET 1vo.: 62419 �a9'��
LABOR RELATIONS 12/28/98
CONTACT PERSON & PAONE: q INITini/un'[E INm,wup�f'E
NI.� �Pau$ 266-6513 p�IGN 1 DEPARTMENf DIIt M'K 4 CITY COUNCIL
NUMBER 2 C771' ATTORNEY� CITY CLERK
MUSf BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf DIR. FIN. & MGT. SERVICE DII2.
ROUTING 3 MAYOR (OR ASSf.I�
ORDER U
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncriox �QUesrEn: This resolution approves the attached May 1,1998 through Apri130, 2000 Employment
Agreement between Independent School Distdct No. 625, Saint Paul Public Schools, and the International
Brotherhood of Painters and Allied Trades Locat 61.
RECOMbvffi�INDATTONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUS'C ANSWER THE FOLLOWING
QUESTTONS:
_PLHNNING CAMbIISSION _CIVIL SERVICE COhIIvfISSION 1. Has this person/fiIm ever worked under a contract for this depaztrnent?
_CB COMIvIITTEE Yes No
_STA£F 2. Has this persodfum ever been a city employee?
_DISTRICT COURT Yes No
SUPPORTS WfflCH COtJNCIL OBJECTIVE? 3. Dces this Qerson/firm possess a skitl not novna(ly possessed by any curtent city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green s6eet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Whq W6ay When, Where, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGESIFAPPROVED: �°e r2�� - -�-s
��a�4iS�„i � . �. ::a"'.,.�.; .. �. i
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DISADVANTAGES IF APPROVED: �
DISADVANTAGES IF NOT APPROVED:
TOTALAMOUNTOFTRANSAC170N: COST/REVENUEBUDGETED: RECEIVED
FUNDING SOURCE: ACI'IVITY NUMBER:
DEC ;� � ig98
FINANCIAI, IlVFORMATION: (EXPLAIIV)
�AYO�i'S OFFiCE
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION q� "�`
SAINT PAUL PUBLIC SCHOOLS
DATE: July 21, 1998
TOPIC: Approval of an Employment Agreement With Intemational Brotherhood of
Painters and Allied Trades, Local 61 to Establish Terms and Conditions of
Employment for 1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period May 1, 1998 through April 30, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The District has ten regular F.T.E. in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois Rockney, Interim Executive
Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom International Brotherhood of Painters and Allied Trades, Local 61, is the
exclusive representative; duration of said Agreement is for the period of May 1, 1998 through
April 30, 2000.
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TABLE OF CONTENTS
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ARTICLE
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Articie 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Articie 16.
Articfe 17.
Article 18.
Article 19.
ArYicle 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Arficle 28.
TITLE PAGE
Preamble .................................................................................................. i v
Purpose....................................................................................................... 1
Recognition ..................................................................................................1
Empioyer ..........................................................................................2
Union Rigfits ................................................................................................2
Scope Of The Agreement ............................................................................... 2
Probationary .................................�°-°-------....................................3
Philosophy of Empioyment And Compensation ............................................3
Hoursof Work .............................................................................................4
Overtime ...................................................................................................... 4
Cali Back ......................................................................................................5
Work Location .............................................................................................5
Wages ........................................................................................................... 6
Fringe Benefits .......................................................................................... i 0
Selection of Foreman and General Foreman ..............................................1 0
Holidays.....................................................................................................i 1
Disciplinary Procedures ...........................................................................12
Absences From Work .................................................................................1 2
Seniority ...................................................................................................1 3
Jurisdiction ................................�--............................................................1 4
Separation .................................................................................................1 4
Tools..........................................................................................................1 4
Grievance Procedure .................................................................................1 5
Right of Subcontract .................................................................................. i 7
Non-Discrimination ..................................................................................i 7
Severabil ..............................................................................................1 7
Waiver.......................................................................................................1 8
Mileage ......................................................................................................1 8
Duration Pledge ...................................................................................i 9
Appendix ............................................................................................... 2 0
Appendix ............................................................................................... 2 �
Appendix .........................................................................................2 1- 2 3
Appendix ............................................................................................... 2 4
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PREAMBLE
This Agreement is entered into between Independent Schooi District No. 625,
hereinafter referred to as the Employer and the International Brotherhood of Painters
and Allied Trades Locai 61, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union boih realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at all levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
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ARTICLE 1. PURPOSE
1.1
The Employer and the Union agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Employer and the Union;
1.1 .3 Establish procedures to orderiy and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is
in conflict with such legislation, the latter shail prevaii. The parties, on written
notice, agree to negotiate that part in conflict so that it conforms to the statute as
provided by Article 25 (Severability).
ARTICLE 2. R�COGNITION
2.1 The Employer recognizes the Union as the exclusive representative for coliective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the ciasses of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No. 90-PCL-3108 dated December 29, 1989.
2.2 The classes of positions recognized as being exclusively represented by the U�ion
are as listed in Appendix A.
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ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited by this
Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall
remain with ihe Employer to eliminate, modify or establish fo!lowing written
notification to the Union.
ARTICLE 4. UNION RIGHTS
4.1 The Employer shall deduci from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such
monies deducted shall be remitted as directed by the Union.
4.1.1 The Employer shall not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify ar�d save harmless the Employer from any
and all claims or charges made against the Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 2 2
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or ihe designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the 'Yerms and conditions of employment" defined by
Minnesota Statute §179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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6.1 Aii personnel, originaliy hired or rehired foilowing separation, in a regular
employment status shall serve a six (6) month probationary period during
which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 Ail personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shail be
evaluated.
6.2.1 At any time during 4he promotional probationary period an empioyee
may be demoted to the employee's previously-held class of positions at
the discretion of the Empioyer without appeal to the provisions of
Article 22 (Grievance Procedure).
� 6.2.2 An employee demoted during the promotionai probationary period shall
be returned to the employee's previously-held class of positions and
shali receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shali be a"cash" houriy wage and "industry"
fringe benefit system.
7.2 The Employer shali compensate employees for all hours worked at the basic
houriy wage rate and hourfy fringe benefit rate as found in Articles i2 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefits shall be accumulated or eamed by an
� empfoyee except as specificalfy provided for in this Agreement; except those
employees who have individually optioned to be °grandfathered" as provided by
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Article 12.2.
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ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enfer into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the estabtished workday untess othervvise directed by
their supervisor.
8.6 Ali employees are subject to call back by the Employer as provided by
Article i0 (Cal! Sack).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
unless notificaiion has been given not to report for work prior to leaving home,
or during the previous workday.
ARTICLE 9. OVERTIME
9.1 Time on the payroll in excess of the normal hours set forth above shall be
°overtime work" and shall be done only by order of the head of the department.
An employee shall be recompensed for work done in excess of the normal hours
by being granted compensatory time on a time-and-one-half basis or by being
paid on a time-and-one-half basis for such overtime work. The basis on which
such overtime shall be paid shall be determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the hourly rate shall be the overtime rate
for work pertormed under the following circumstances:
9.2.1
9.3
9.2.2
Time worked in excess of eight (8) hours in any one normal workday,
and
Time worked in excess of forty (40) hours in any work week.
The time and one-half overtime rate shall be based on the total rate, including
any premium pay, being earned during the overtime hours worked.
For the purpose of calculating overtime compensation, overtime hours worked
shalf not be "pyramided,' compounded or paid twice for the same hours worked.
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ARTICLE 1 0. CALL BACK
• 1 0.1 The Employer retains the right to call back employees before an employee has
• started a normal workday or normal work week and after an employee has
completed a normai workday or normal work week.
1 0.2 Employees cailed back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
1 0.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when appiicabie, and subject to the minimum estabiished
by 10.2 above.
1 0.4 Employees called back four (4) hours or less prior to their normal workday
shaii complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 11. WORK LOCATION
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, empioyees may be assigned to other
� work locations at the discretion of the Empioyer.
1 1.2 Empioyees assigned to work locations during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shalf be compensated for miieage, as provided in Article 27 (Mileage).
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ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Employees who were covered by the fringe benefits listed below prior to
February 15, 1994, shall be considered for purposes of this Agreement,
non-participating employees and shall continue to be covered by such benefits.
They shall be subject to alt other provisions of the Agreement, but shall not have
hourly fringe benefit contributions and/or deductions made on their behalf �
provided for by Article 13 (Fringe Benefits).
12.2.1 Insurance premium contributions as established by Independent School
District No. 625 including life and health insurance premium
contributions for early retirees as of the time of ihe early reTirement
who have retired since May 23, 1973 in such time as they reach
sixty-five (65) years of age. In order to be etigible for the health
insurance premium contributions under the eariy retiree or retiree
provision, the empioyee must:
12.2.1 .1 Be receiving benefits from a public employee retirement
act at the time of retirement.
12.2.1 ,2 Have severed the employment relationship with the City of
Saint Paul and Independent School District No, 625 under
one of the early retiree plans.
12.2.1 .3 Inform the Personnel Offices of Independent School District
No. 625 and !he City of Saint Paul in writing within 60
days of employee's early retirement date that he or she
wishes to be eligible for early retiree insurance benefits.
12.2.1.4 Retire prior to April 30, 2000.
12.2.2 Sick leave as established by the Civil Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H; however, employees in this
bargaining unit, covered by this vacation provision, shall be granted
vacation at the rates shown below for each fufl hour on the payroli,
excluding overtime.
Years of Service
Less than 15 years
At least 15 years but less than 25 years
After 25 years
Hours of Vacation
.0770
.0808
.0847
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision I.
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ARTICLE 12. WAGES (continued)
� 12.2.5 Severance benefits as established by the School DistricYs Severance
Pay Plan with a maximum payment of $4,000. or as estabiished by
Section 12.26 of this Article.
12.2.6 Severance Pay: Provisions effective September 1. 1984. The
Employer shall provide a severance pay program as set forth in this
Section.
12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements:
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12.2.6.1.1 The employee must be fiifty-eight (58) years
of age or older or must be eligible for pension
under the "Rule of 90" or the "Rule of 85"
provisions of the Public Employees
Retirement Association (PERA). The "Rule oi
90" or the "Rule of 85" criteria shali also
apply to employees covered by a pubiic
pension pian other than PERA.
12.2.6.1 .2 The employee must be voluntarily separated
from School District employment or have
been subject to separation by layoff or
compulsory retirement. Those employees who
are discharged for cause, misconduct,
inefficiency, incompetency or any other
disciplinary reason are not eligible for this
severance pay program.
12.2.6.1 .3 The employee must have at least ten (10)
years of consecutive service under the
classified or unclassified Civil Service at the
time of separation. For the purpose of this
Article, employment in either the City of
Saint Paul or in Independent Schooi District
No. 625 may be used in meeting this ten
(10)-year service requirement.
12.2.6.1 .4 The employee must file a waiver of
re-employment with the Directors of Human
Resources of Independent School District
No. 625 and the City of Saint Paul, which
will clearly ind+cate that hy 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.
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ARTICLE 12. WAGES (continued)
12.2.6.1.5 The employee must have accumulated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
12.2.6.2 If an employee requests severance pay and if the employee
meets the eligibil'ity requirements set forth above, he or
she will be granted severance pay in an amount equal to
one-half of the daily rate of pay for the position held by the
employee on the date of separation for each day of accrued
sick leave subject to a maximum of 200 accrued sick leave
days.
12.2.6.3 The maximum amount of money that any employee may
obtain through this severance pay program is $7,500.
12.2.6.4 For the purpose of this severance pay program, a death of
an employee shall be considered as separation of
employment and, if the employee woutd have mei 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.
12.2.6.5 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.
12.2.6.6 The manner of payment of such severance pay shail be
made in accordance with the provisions of the School
District Severance Pay Plan already in existence.
12.2.6.7 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 of this Section shall
control
12.2.6.8 Any employee hired prior to February 15, 1974 may, in
any event, and upon meeting the qualifications of this
Section or the originai School District Basic Severance Pay
Plan (which aflows $4,000 maximum payment}, draw
severance pay. However, an election by the employee to
draw severance pay under either this Section or the basic
School District Severance Pay Plan shall constitute a bar
to receiving severance pay from the other.
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ARTICLE 12. WAGES (continued)
� 12.2.6.9 An employee 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
Eariy Retirement Incentive payment under the
Memorandum of Agreement with the exclusive
representative dated October 19, 1983.
12.2.7 Flexibie Expense Accounts Pian. it is the intent 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 legal regulations and IRS
requirements for such accounts.
12.3 Regular employees not covered by the fringe benefiYs listed in Article 12.2 shall
be considered, for the purposes of this Agreement, participating employees and
shall be compensated iR accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.4 Temporary employees sha{I be considered, for the purposes of this Agreement,
participating employees and shall be compensated in accordance with
� Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behalf as provided for by Article 13 (Fringe Benefits).
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this Agreement, participating employees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
1 3.1 The Employer shall make contributions on behalf of and/or make deductions from �
the wages of participating empioyees as defined by Articles 12.3, 12.4, and 12.5 .
covered by this Agreement in accordance with Appendix D for ap hours worked.
ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Painter Foreman shall remain
solely with the Employer.
14.2 The class of position Painter Foreman shall be filled by employees of the
bargaining unit on a"temporary assignment "
14.3 All "temporary assignments" shall be made only at the direction of a designated
Employer supervisor.
i 4.4 Such °temporary assignments" shal! be made only in cases where the class of
positions is vacant for more than one (1) normal workday.
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New Year's Day,
Martin Luthes King, Jr.
Presidents' Day,
Memorial Day,
Independence Day,
labor Day,
Veterans' Day,
Thanksgiving Day,
Day After Thanksgiving
Christmas Day,
ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
January 1
Day, Third Monday in January
Third Monday in February
Last Monday in May
July 4
F9rst Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25.
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1 5.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays ta{ts on a Saturday, tfie preceding Friday shall be considesed
the designated holiday.
1 5.3 The ten (10) holidays shail be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating o r
emergency reasons, employees may be scheduled or °called back" in accordance
with Article 10 (Cail Back).
� 1 5.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to
work on Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day or the day
after Thanksgiving shali be compensated at the basic hourly rate for such hours
worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an employee other than a participating employee entitied to a holiday is
required to work on Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day
or the day after Thanksgiving, the employee shall be granted another day off with
pay in lieu thereof as soon thereafter as the convenience of the department
permits or shall be paid on a straight-time basis for such hours worked i n
addition to his regular holiday pay.
If an employee other than a participating employee entitled to a holiday is
required to work on New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day or Christmas Day, the empioyee shall be recompensed tor
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 for such hours worked
in addition to his regular holiday pay.
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Eligibility for holiday pay shall be determined in accordance with Section I,
Subsection I of the Saint Paul Salary Pian and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
15.8 If Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day or the day after
Thanksgiving falls on a day when school is in session, the employee shall work
that day at straight time and another day shall be designated as the holiday. This
designated holiday shaii be determined by agreement between the employee and
his supervisor.
ARTICLE 1 6. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on emptoyees
forjust cause.
16.2 Disciplinary actions by the Employer shall include only the foilowing actions:
16.2.10ra1 reprimand;
16.2.2Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute §179A.20, Subd. 4, and thereby shall have the right to request
that such actions be considered a°grievance" for the purpose of processing
through the provisions of Article 22 (Grievance Procedure). Once an empioyee
or the Union in the employee's behalf initiates review of an action, that matter
shall not again be reviewed in another forum. Oral reprimands shall not be
subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification may be grounds for discipline as provided i n
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normat
workdays may be considered a"quiY' by the Employer on the part of the
employee.
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ARTICLE 18. SENIORITY
• 1 8.1 For the purpose of this Article the following terms shall be defined as follows:
18.1.1 The term, "Employer,° shall mean Independent School District
No. 625, Saint Paut Public Schools.
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18.1.2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Empioyer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a class
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's ciass seniority starts at zero the day of appointment to a Schooi
District position in that title and begins to be calculated from that date.
An employee's Class Seniority does not revert to zero following recall
from an Empioyer initiated layoff within the twenty-four (24)-month
recall rights period specified in 18.4. This definition of class seniority
would be used for all lay-off decisions.
� 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a 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 empioyee to accept an
appointment to the unciassified service of the Employer or to an elected o r
appointed fuli-time position with the Union.
18.3 Seniority shall terminate when an employee retires, �esigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by ciass title within each Department based
on inverse length of °Ciass Seniority" Employees laid off by the Emptoyer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by fhis Agreement, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from layoff shall be i n
inverse order of layoff, except that recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Empioyer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shali be made by class title based on length of
� "Class Seniority," subject to the approval of the Empioyer.
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ARTICLE 19. JURISDICTION
1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as •
an appropriate subject for determination by the various unions representing .
empioyees of the Empioyer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any -
mutuai agreements between the unions invoived.
7 9.3 In the event of a dispute concerning the performance or assignment of work, the
unions involved and the Employer shall meet as soon as mutually possible to
resolve the dispute. Nothing in the foregoing shall restrict the right of the
Employer to accomplish the work as originally assigned pending resolution ot the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 192 and 19.3 above shall be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
19.5 There shali be no work stoppage, slow down or any disruption of work resulting
from a work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the foilowing actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice four[een (14) calendar days prior to the effective date of the
resignation.
20.1 .2 Discharae. As provided in Article 16.
20.1.3 Faiture to Report for Dutv. As provided in Article 17.
20.2 Employees having temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
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ARTICLE 21. TOOLS
21 .1 All employees shall personaliy provide themselves with the tools of the trade � �
listed in Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
• 22.1 The Employer shail 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 ihe Stewards and ot tfieir
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibifities. 'The Steward involved arid a grieving employee shall suffer rro
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previousiy noted i n
Ar4ic4e 16 (Discipl+nary Procedures), be the sole and exclusive procedure, for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the tollowing procedure:
Ste° 1. Upon the occurrence of an alleged violation of this Agreement, the
� employee invofved shall atlempt 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, fhe 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 seven {7) calendar days of the first
occurrence of the event giving rise to the grievance or within seven ( 7)
days of the date when the grievant with the use of reasonable diligence
shouid have had knowledge of the first occurrence of the event giving
rise to the grievance, shall be considered waived.
Ste° 2. Within seven (7) calendar days after receiving the written grievance, a
des+gnated Empioyer Supervisor shall meet with the Union Steward and
attempt to resoive the grievance. If, as a result of this meeting, the
grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendar days following this meeting. The
Union may refer the grievance in writing to Step 3 within seven ( 7)
calendar days following receipt of the Employer's written answer. Any
grievance not referred in writing by the Union within seven ( 7)
calendar days foliowing receipt of the Employer's answer shail be
considered waived.
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Ste�3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Employer Supervisor shall meet
with the Union Business Manager or the designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer concerning the grievance. If, as a result
of the written response, the grievance remains unresolved, the Union
may refer the grievance to Step 4. Any grievance not referred i n
writing by the Union may refer the grievance to Step 4 within seven
(7) calendar days following receipt of the Employer's answer shall be
considered waived.
Steo 4. If the grievance remains unresolved, the Union may within seven ( 7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutuai agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within tfie said seven (7j-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.
22.5 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.
22.6 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 representative and witnesses. If either
party cancels an arbitration hearing or asks for a last-minute postponement that
leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. ff either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing i t
pays for the record.
22.7 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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ARTICLE 23. RIGHT OF SUBCONTR.4CT
23.1 The Employer may, at any time during the duration of this Agreemeni, contract
out work done by the employees covered by this Agreement. In the event that
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shail give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 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 non-membership in the
Union.
24.2 Employees will pertorm their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
employees and the generai public.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeai is taken, such provision(s) shall be
voided. All other provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the
voided provisions of the Agreement in compliance with the legislative,
administrative or judiciai determination.
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ARTICLE 26. WAIVER
26.1 The Empioyer and the Union acknowledge that during the meeting and negotiating �
which resulted in ihis Agreement, each had the right and opportunity to make
proposals with respect to any subject conceming the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this righi are fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
that the other party shall not be obligated to meet and negotiate over any term o r
condition of employment whether specifically covered or not specifically covered
by this Agreement. The Union and Employer may, however, mutually agree to
modify any provision of this Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, arxi
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District under policy adopted by the Board of Education •
may be reimbursed for the use of their automobiles ior school business. To be
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN ° A". Effective with the adoption of this Agreement, is reimbursed at the
current Board of Education approved mileage rate or 31� per mile whichever is
more. 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 mauimum amount can be the
experience of another employee working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specificalfy
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of April, 1999, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this Agreement effective as of the date
of expiration, the party wishing to modify or terminate the Agreement shall give
written notice to the other party, not more than ninety (90) or Vess than sixty ( 6 6)
calendar days prior to the expiration date, provided that the Agreement may only be
so terminated or modified effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment estabiished by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming its application or interpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees wiil not engage in, instigate or condone any
concerted action in which employees fail to report for duYy, wiVifufly
absent themselves from work, stop work, slow down their work or absent
themselves in whole or part from the full, faithful performance of their
duties of emp{oyment.
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28.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
28.3.3 This constitutes a tentative Agreement between the parties which will be
recommended by the schooi board negotiator, but is subject to the approval
of the Board of Education, and is also subject to ratification by the Union.
Agreed to and attested to as the fuil and complete understanding of the parties for the period of
time herein specified by the signature of the following representatives for the Employer arxi
the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
INTERNATIONAL BROTHERHOOD OF
PAI TERS ALLIED TRAD CAL 61
�L��� ,
Business Agent
7- Z/ 9�
Date
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Date
APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by �
the Union are as follows:
Painter
Painter Foreman
Apprentice - Painter
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
APPENDIX B
Duster
Wali Scrapers
Putty Knife
Broad Knife
Hammer
Screwdrivers
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APPENDIX C
C-1 . fhe total hourly cost to the Employer tor wages plus any and a44 contributions o r
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
4-25-98
Painter
Painter Foreman
$29.54
$30.54
Effective
5-1-99
$30.76
$31 .76
C-2. The total taxable hourly rate including wages and the vacation contribution i n
Appendix D and excluding all other henefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions and who are not covered by the Employer's benefit package described i n
Article 12.2 shaN be as follows:
Effective
4-25-98
Painter
Painter Foreman
$20.09
$21.04
Effective
5-1-99
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C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation
analysis ourposes only. These figures represent the portion of the
Appendix C-1 rates above specifically allocated to wages. These rates
do NOT include taxable benefit contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C-2 above for
total tauable payroll information.
Painier
Painter Foreman
Effective
4-25-98
$18.41
$19.36
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Effective
5-1 -99
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APPENDIX C (continued)
C-3. The total taxable hourly rate including wages and the vacation contribution in
Appendix D for temporary employees appointed to the following classes of
positions shail be:
Effective
4-25-98
Aainter
Painter Foreman
$22.13
$23.13
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If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the
calculated hourly rate may change so the Employer's cost doe.s not exceed the
amounts listed in C-1 above.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
' The April 25, 1998, hourly rates in Appendices C-2, C-2A and C-3 shall
be determined at a later date based on the allocation agreed to by the
Employer and the Union of the April 25, 1998, total hourly cost stated i n
Appendix C-1.
C-4. The basic hourly wage rates for the Apprentice class of positions:
PAINTER APPRENTICE RATES
(Hired before May 1. 1 9841
% of Painter rate
first 500 hours 50%
501 to 1,000 hours 55%
1,001 to 1,500 hours 60%
i,50i to 2,000 hours
2,001 to 3,000 hours
3,001 to 4,000 hours
4,001 to 5,000 hours
5,001 to 6,000 hours
65%
70%
759'0
80%
s o °ro
PAINTER APPRENTICE RATES
(Hired on or after May 1 1 9841
first 1,000 hours
1,001 to 2,000 hours
2,001 to 3,000 hours
3,001 to 3,500 hours
3,501 to 4,000 hours
4,OOi to 4,SOQ hours
4,501 to 5,000 hours
s,00y to s,000 no��s
% of Painter rate
40%
45%
50%
55%
60%
7Q%
80%
90%
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5-1-99
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APPENDIX C (continued)
C-5. The basic hourly wage rate for regular employees appointed to the foliowing
classes of positions who are covered by the Employer's fringe benefft package and
receiving those benefits listed in Article 12.2 shall be:
Painter
Painter Foreman
Effective
4-25-98
$22.75
$23.80
Effective
5-1-99
'` The April 25, 1998, hourly rates in Appendix C-5 shall be the rates as
those shown in Appendix C-1 less the cost of sick leave usage for 1 997;
and less the cost of hotidays, pension, and vacation for 1998; and less the
cost of health and life insurance for the period May 1997 through
April 1998 incurred by the Employer for employees in this bargaining
unit.
• If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, section C-1.
PREMIUM PAYASSIGNMENTS:
When pertorming the following types of work, the rate ofi pay shafl be seventy-five
cents ($.75) per hour over the basic hourly wage rate of any class of positions.
Sandblasting, swing stage work, erected structural steel skeieton work,
ali bridge work, all exterior work where safety belt or window jacks are
used, spray painting and when applying materiais over 50% creosote, and
for application of all two-component epoxy materiats.
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APPENDIX D
Effective April 25, 1998, the Employer shall forward the amounts designated in this •
Appendix D for participating employees covered by this Agreement and defined i n �
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Empfoyer:
( 1) $1.68 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacation Fund.
( 2) $2.95 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $425 per hour for all hours worked to a Union-designated Pension Fund
( 4) $1.00 per hour for all hours worked to a Union-designated International
Pension Fund, for regular employees paid at the Appendix C-2 rate.
( 5) $.21 per hour for all hours worked to a Union-designated Aoorenticeship
Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change the
calculated hourly base rate of pay so the Employer's cost does not exceed the
amounts listed in C-1 above.
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All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined i n
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
established by this Agreement. The actual leve! of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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Council File # � �'
0 R l G I�f A L RESOLUTION
�, „� ,CITY OF SAINT PAUL, MINNESOTA
Presented
Referred To
Green Sheet # 62419
�7
Committee Date
1
2
3
4
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
May 1, 1998 through April 30, 2000 Empioyment Agreement between the Independent School District
No. 625, 5aint Paul Public Schools, and the International Brotherhood of Painters and Allied Trades
Loca161.
Requested by Depariment of.
Office of Labor Relations
By: �L'�T/S' °—�—�-r
Form Appro���� • �
B � 1'!.'a I�g
to
By: — 1 �
� Approved by
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Date
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Adopted by Councii: Date �
Adoption Certified by Council Secretary
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DEPARTMENT/OFFICE/COUNCQ.: DATE IIVTTIATED GREEN SHEET 1vo.: 62419 �a9'��
LABOR RELATIONS 12/28/98
CONTACT PERSON & PAONE: q INITini/un'[E INm,wup�f'E
NI.� �Pau$ 266-6513 p�IGN 1 DEPARTMENf DIIt M'K 4 CITY COUNCIL
NUMBER 2 C771' ATTORNEY� CITY CLERK
MUSf BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf DIR. FIN. & MGT. SERVICE DII2.
ROUTING 3 MAYOR (OR ASSf.I�
ORDER U
TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncriox �QUesrEn: This resolution approves the attached May 1,1998 through Apri130, 2000 Employment
Agreement between Independent School Distdct No. 625, Saint Paul Public Schools, and the International
Brotherhood of Painters and Allied Trades Locat 61.
RECOMbvffi�INDATTONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACI'S MUS'C ANSWER THE FOLLOWING
QUESTTONS:
_PLHNNING CAMbIISSION _CIVIL SERVICE COhIIvfISSION 1. Has this person/fiIm ever worked under a contract for this depaztrnent?
_CB COMIvIITTEE Yes No
_STA£F 2. Has this persodfum ever been a city employee?
_DISTRICT COURT Yes No
SUPPORTS WfflCH COtJNCIL OBJECTIVE? 3. Dces this Qerson/firm possess a skitl not novna(ly possessed by any curtent city employee?
Yes No
Ezplain all yes answers on separate sheet and attach to green s6eet
INITIATING PROBLEM, ISSUE, OPPORTUNITY (Whq W6ay When, Where, Why):
This Agreement pertains to Board of Education employees only.
ADVANTAGESIFAPPROVED: �°e r2�� - -�-s
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DISADVANTAGES IF APPROVED: �
DISADVANTAGES IF NOT APPROVED:
TOTALAMOUNTOFTRANSAC170N: COST/REVENUEBUDGETED: RECEIVED
FUNDING SOURCE: ACI'IVITY NUMBER:
DEC ;� � ig98
FINANCIAI, IlVFORMATION: (EXPLAIIV)
�AYO�i'S OFFiCE
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION q� "�`
SAINT PAUL PUBLIC SCHOOLS
DATE: July 21, 1998
TOPIC: Approval of an Employment Agreement With Intemational Brotherhood of
Painters and Allied Trades, Local 61 to Establish Terms and Conditions of
Employment for 1998-2000
A. PERTINENT FACTS:
1. New Agreement is for the two-year period May 1, 1998 through April 30, 2000.
2. The language provisions of the previous contract remain essentially unchanged, except for
necessary changes to dates and outdated references.
3. The District has ten regular F.T.E. in this bargaining unit.
4. Wage and benefits changes reflect prevailing wage for the industry.
5. This request is submitted by Sue Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois Rockney, Interim Executive
Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom International Brotherhood of Painters and Allied Trades, Local 61, is the
exclusive representative; duration of said Agreement is for the period of May 1, 1998 through
April 30, 2000.
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TABLE OF CONTENTS
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ARTICLE
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article 8.
Articie 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Article 15.
Articie 16.
Articfe 17.
Article 18.
Article 19.
ArYicle 20.
Article 21.
Article 22.
Article 23.
Article 24.
Article 25.
Article 26.
Article 27.
Arficle 28.
TITLE PAGE
Preamble .................................................................................................. i v
Purpose....................................................................................................... 1
Recognition ..................................................................................................1
Empioyer ..........................................................................................2
Union Rigfits ................................................................................................2
Scope Of The Agreement ............................................................................... 2
Probationary .................................�°-°-------....................................3
Philosophy of Empioyment And Compensation ............................................3
Hoursof Work .............................................................................................4
Overtime ...................................................................................................... 4
Cali Back ......................................................................................................5
Work Location .............................................................................................5
Wages ........................................................................................................... 6
Fringe Benefits .......................................................................................... i 0
Selection of Foreman and General Foreman ..............................................1 0
Holidays.....................................................................................................i 1
Disciplinary Procedures ...........................................................................12
Absences From Work .................................................................................1 2
Seniority ...................................................................................................1 3
Jurisdiction ................................�--............................................................1 4
Separation .................................................................................................1 4
Tools..........................................................................................................1 4
Grievance Procedure .................................................................................1 5
Right of Subcontract .................................................................................. i 7
Non-Discrimination ..................................................................................i 7
Severabil ..............................................................................................1 7
Waiver.......................................................................................................1 8
Mileage ......................................................................................................1 8
Duration Pledge ...................................................................................i 9
Appendix ............................................................................................... 2 0
Appendix ............................................................................................... 2 �
Appendix .........................................................................................2 1- 2 3
Appendix ............................................................................................... 2 4
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PREAMBLE
This Agreement is entered into between Independent Schooi District No. 625,
hereinafter referred to as the Employer and the International Brotherhood of Painters
and Allied Trades Locai 61, hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the Independent School District No. 625 for the
benefit of the general public through effective labor-management cooperation.
The Employer and the Union boih realize that this goal depends not only on the
words in the Agreement but rather primarily on attitudes between people at all levels of
responsibility. Constructive attitudes of the Employer, the Union, and the individual
employees will best serve the needs of the general public.
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ARTICLE 1. PURPOSE
1.1
The Employer and the Union agree that the purpose for entering into this
Agreement is to:
1.1 .1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance
that is consistent with the safety and well-being of all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of
employment as have been agreed upon by the Employer and the Union;
1.1 .3 Establish procedures to orderiy and peacefully resolve disputes as to the
application or interpretation of this Agreement without loss of
productivity.
1.2 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is
in conflict with such legislation, the latter shail prevaii. The parties, on written
notice, agree to negotiate that part in conflict so that it conforms to the statute as
provided by Article 25 (Severability).
ARTICLE 2. R�COGNITION
2.1 The Employer recognizes the Union as the exclusive representative for coliective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary employed in the ciasses of positions defined in 2.2
as certified by the Bureau of Mediation Services in accordance with Case
No. 90-PCL-3108 dated December 29, 1989.
2.2 The classes of positions recognized as being exclusively represented by the U�ion
are as listed in Appendix A.
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ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities,
and equipment; to establish functions and programs; to set and amend budgets; to
determine the utilization of technology; to establish and modify the organizational
structure; to select, direct, and determine the number of personnel; and to
perform any inherent managerial function not specifically limited by this
Agreement.
3.2 Any "term or condition of employmenY' not established by this Agreement shall
remain with ihe Employer to eliminate, modify or establish fo!lowing written
notification to the Union.
ARTICLE 4. UNION RIGHTS
4.1 The Employer shall deduci from the wages of employees who authorize such a
deduction in writing an amount necessary to cover monthly Union dues. Such
monies deducted shall be remitted as directed by the Union.
4.1.1 The Employer shall not deduct dues from the wages of employees covered
by this Agreement for any other labor organization.
4.1 .2 The Union shall indemnify ar�d save harmless the Employer from any
and all claims or charges made against the Employer as a result of the
implementation of this Article.
4.2 The Union may designate one (1) employee from the bargaining unit to act as a
Steward and shall inform the Employer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 2 2
(Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of
the Union or ihe designated representative shall be permitted to enter the
facilities of the Employer where employees covered by this Agreement are
working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the 'Yerms and conditions of employment" defined by
Minnesota Statute §179A.03, Subdivision 19, for all employees exclusively
represented by the Union. This Agreement shall supersede such "terms and
conditions of employment" established by Civil Service Rule, Council Ordinance,
and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
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6.1 Aii personnel, originaliy hired or rehired foilowing separation, in a regular
employment status shall serve a six (6) month probationary period during
which time the employee's fitness and ability to pertorm the class of positions'
duties and responsibilities shail be evaluated.
6.1.1 At any time during the probationary period an employee may be
terminated at the discretion of the Employer without appeal to the
provisions of Article 22 (Grievance Procedure).
6.1 .2 An employee terminated during the probationary period shall receive a
written notice of the reason(s) for such termination, a copy of which
shall be sent to the Union.
6.2 Ail personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and
ability to perform the class of positions' duties and responsibilities shail be
evaluated.
6.2.1 At any time during 4he promotional probationary period an empioyee
may be demoted to the employee's previously-held class of positions at
the discretion of the Empioyer without appeal to the provisions of
Article 22 (Grievance Procedure).
� 6.2.2 An employee demoted during the promotionai probationary period shall
be returned to the employee's previously-held class of positions and
shali receive a written notice of the reasons for demotion, a copy of
which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of
employment and compensation shali be a"cash" houriy wage and "industry"
fringe benefit system.
7.2 The Employer shali compensate employees for all hours worked at the basic
houriy wage rate and hourfy fringe benefit rate as found in Articles i2 (Wages)
and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefits shall be accumulated or eamed by an
� empfoyee except as specificalfy provided for in this Agreement; except those
employees who have individually optioned to be °grandfathered" as provided by
,
Article 12.2.
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ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a
thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shall be five (5) consecutive normal workdays Monday
through Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment
to establish second and third shifts or a work week of other than Monday through
Friday, the Union agrees to enfer into negotiations immediately to establish the
conditions of such shifts and/or work weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal work week.
8.5 All employees shall be at the location designated by their supervisor, ready for
work, at the established starting time and shall remain at an assigned work
location until the end of the estabtished workday untess othervvise directed by
their supervisor.
8.6 Ali employees are subject to call back by the Employer as provided by
Article i0 (Cal! Sack).
8.7 Employees reporting for work at the established starting time and for whom no
work is available shall receive pay for two (2) hours, at the basic hourly rate,
unless notificaiion has been given not to report for work prior to leaving home,
or during the previous workday.
ARTICLE 9. OVERTIME
9.1 Time on the payroll in excess of the normal hours set forth above shall be
°overtime work" and shall be done only by order of the head of the department.
An employee shall be recompensed for work done in excess of the normal hours
by being granted compensatory time on a time-and-one-half basis or by being
paid on a time-and-one-half basis for such overtime work. The basis on which
such overtime shall be paid shall be determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the hourly rate shall be the overtime rate
for work pertormed under the following circumstances:
9.2.1
9.3
9.2.2
Time worked in excess of eight (8) hours in any one normal workday,
and
Time worked in excess of forty (40) hours in any work week.
The time and one-half overtime rate shall be based on the total rate, including
any premium pay, being earned during the overtime hours worked.
For the purpose of calculating overtime compensation, overtime hours worked
shalf not be "pyramided,' compounded or paid twice for the same hours worked.
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ARTICLE 1 0. CALL BACK
• 1 0.1 The Employer retains the right to call back employees before an employee has
• started a normal workday or normal work week and after an employee has
completed a normai workday or normal work week.
1 0.2 Employees cailed back shall receive a minimum of four (4) hours of pay at the
basic hourly rate.
1 0.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtime), when appiicabie, and subject to the minimum estabiished
by 10.2 above.
1 0.4 Employees called back four (4) hours or less prior to their normal workday
shaii complete the normal workday and be compensated only for the overtime
hours worked in accordance with Article 9(Overtime).
ARTICLE 11. WORK LOCATION
11 .1 Employees shall report to work location as assigned by a designated Employer
supervisor. During the normal workday, empioyees may be assigned to other
� work locations at the discretion of the Empioyer.
1 1.2 Empioyees assigned to work locations during the normal workday other than their
original assignment, and who are required to furnish their own transportation,
shalf be compensated for miieage, as provided in Article 27 (Mileage).
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ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall be paid for all
hours worked by an employee.
12.2 Employees who were covered by the fringe benefits listed below prior to
February 15, 1994, shall be considered for purposes of this Agreement,
non-participating employees and shall continue to be covered by such benefits.
They shall be subject to alt other provisions of the Agreement, but shall not have
hourly fringe benefit contributions and/or deductions made on their behalf �
provided for by Article 13 (Fringe Benefits).
12.2.1 Insurance premium contributions as established by Independent School
District No. 625 including life and health insurance premium
contributions for early retirees as of the time of ihe early reTirement
who have retired since May 23, 1973 in such time as they reach
sixty-five (65) years of age. In order to be etigible for the health
insurance premium contributions under the eariy retiree or retiree
provision, the empioyee must:
12.2.1 .1 Be receiving benefits from a public employee retirement
act at the time of retirement.
12.2.1 ,2 Have severed the employment relationship with the City of
Saint Paul and Independent School District No, 625 under
one of the early retiree plans.
12.2.1 .3 Inform the Personnel Offices of Independent School District
No. 625 and !he City of Saint Paul in writing within 60
days of employee's early retirement date that he or she
wishes to be eligible for early retiree insurance benefits.
12.2.1.4 Retire prior to April 30, 2000.
12.2.2 Sick leave as established by the Civil Service Rules, Section 20.
12.2.3 Vacation as established by the Saint Paul Salary Plan and Rates of
Compensation, Section I, Subdivision H; however, employees in this
bargaining unit, covered by this vacation provision, shall be granted
vacation at the rates shown below for each fufl hour on the payroli,
excluding overtime.
Years of Service
Less than 15 years
At least 15 years but less than 25 years
After 25 years
Hours of Vacation
.0770
.0808
.0847
12.2.4 Ten (10) legal holidays as established by the Saint Paul Salary Plan and
Rates of Compensation, Section I, Subdivision I.
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ARTICLE 12. WAGES (continued)
� 12.2.5 Severance benefits as established by the School DistricYs Severance
Pay Plan with a maximum payment of $4,000. or as estabiished by
Section 12.26 of this Article.
12.2.6 Severance Pay: Provisions effective September 1. 1984. The
Employer shall provide a severance pay program as set forth in this
Section.
12.2.6.1 To be eligible for the severance pay program, an employee
must meet the following requirements:
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12.2.6.1.1 The employee must be fiifty-eight (58) years
of age or older or must be eligible for pension
under the "Rule of 90" or the "Rule of 85"
provisions of the Public Employees
Retirement Association (PERA). The "Rule oi
90" or the "Rule of 85" criteria shali also
apply to employees covered by a pubiic
pension pian other than PERA.
12.2.6.1 .2 The employee must be voluntarily separated
from School District employment or have
been subject to separation by layoff or
compulsory retirement. Those employees who
are discharged for cause, misconduct,
inefficiency, incompetency or any other
disciplinary reason are not eligible for this
severance pay program.
12.2.6.1 .3 The employee must have at least ten (10)
years of consecutive service under the
classified or unclassified Civil Service at the
time of separation. For the purpose of this
Article, employment in either the City of
Saint Paul or in Independent Schooi District
No. 625 may be used in meeting this ten
(10)-year service requirement.
12.2.6.1 .4 The employee must file a waiver of
re-employment with the Directors of Human
Resources of Independent School District
No. 625 and the City of Saint Paul, which
will clearly ind+cate that hy 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.
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ARTICLE 12. WAGES (continued)
12.2.6.1.5 The employee must have accumulated a
minimum of sixty (60) days of sick leave
credits at the time of his separation from
service.
12.2.6.2 If an employee requests severance pay and if the employee
meets the eligibil'ity requirements set forth above, he or
she will be granted severance pay in an amount equal to
one-half of the daily rate of pay for the position held by the
employee on the date of separation for each day of accrued
sick leave subject to a maximum of 200 accrued sick leave
days.
12.2.6.3 The maximum amount of money that any employee may
obtain through this severance pay program is $7,500.
12.2.6.4 For the purpose of this severance pay program, a death of
an employee shall be considered as separation of
employment and, if the employee woutd have mei 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.
12.2.6.5 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.
12.2.6.6 The manner of payment of such severance pay shail be
made in accordance with the provisions of the School
District Severance Pay Plan already in existence.
12.2.6.7 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 of this Section shall
control
12.2.6.8 Any employee hired prior to February 15, 1974 may, in
any event, and upon meeting the qualifications of this
Section or the originai School District Basic Severance Pay
Plan (which aflows $4,000 maximum payment}, draw
severance pay. However, an election by the employee to
draw severance pay under either this Section or the basic
School District Severance Pay Plan shall constitute a bar
to receiving severance pay from the other.
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ARTICLE 12. WAGES (continued)
� 12.2.6.9 An employee 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
Eariy Retirement Incentive payment under the
Memorandum of Agreement with the exclusive
representative dated October 19, 1983.
12.2.7 Flexibie Expense Accounts Pian. it is the intent 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 legal regulations and IRS
requirements for such accounts.
12.3 Regular employees not covered by the fringe benefiYs listed in Article 12.2 shall
be considered, for the purposes of this Agreement, participating employees and
shall be compensated iR accordance with Article 12.1 (Wages) and have fringe
benefit contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
12.4 Temporary employees sha{I be considered, for the purposes of this Agreement,
participating employees and shall be compensated in accordance with
� Article 12.1 (Wages) and have fringe benefit contributions and/or deductions
made in their behalf as provided for by Article 13 (Fringe Benefits).
12.5 All regular employees employed after February 15, 1974, shall be considered,
for the purpose of this Agreement, participating employees and shall be
compensated in accordance with Article 12.1 (Wages) and have fringe benefit
contributions and/or deductions made on their behalf as provided for by
Article 13 (Fringe Benefits).
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ARTICLE 1 3. FRINGE BENEFITS
1 3.1 The Employer shall make contributions on behalf of and/or make deductions from �
the wages of participating empioyees as defined by Articles 12.3, 12.4, and 12.5 .
covered by this Agreement in accordance with Appendix D for ap hours worked.
ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN
14.1 The selection of personnel for the class of position Painter Foreman shall remain
solely with the Employer.
14.2 The class of position Painter Foreman shall be filled by employees of the
bargaining unit on a"temporary assignment "
14.3 All "temporary assignments" shall be made only at the direction of a designated
Employer supervisor.
i 4.4 Such °temporary assignments" shal! be made only in cases where the class of
positions is vacant for more than one (1) normal workday.
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New Year's Day,
Martin Luthes King, Jr.
Presidents' Day,
Memorial Day,
Independence Day,
labor Day,
Veterans' Day,
Thanksgiving Day,
Day After Thanksgiving
Christmas Day,
ARTICLE 15. HOLIDAYS
15.1 The following ten (10) days shall be designated as holidays:
January 1
Day, Third Monday in January
Third Monday in February
Last Monday in May
July 4
F9rst Monday in September
November 11
Fourth Thursday in November
Fourth Friday in November
December 25.
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1 5.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the
following Monday shall be considered the designated holiday. When any of these
three (3) holidays ta{ts on a Saturday, tfie preceding Friday shall be considesed
the designated holiday.
1 5.3 The ten (10) holidays shail be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary for operating o r
emergency reasons, employees may be scheduled or °called back" in accordance
with Article 10 (Cail Back).
� 1 5.5 Participating employees as defined in Articles 12.3, 12.4, and 12.5 assigned to
work on Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day or the day
after Thanksgiving shali be compensated at the basic hourly rate for such hours
worked.
15.6 Such participating employees assigned to work on New Year's Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be
compensated at the rate of two (2) times the basic hourly rate for such hours
worked.
15.7 If an employee other than a participating employee entitied to a holiday is
required to work on Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day
or the day after Thanksgiving, the employee shall be granted another day off with
pay in lieu thereof as soon thereafter as the convenience of the department
permits or shall be paid on a straight-time basis for such hours worked i n
addition to his regular holiday pay.
If an employee other than a participating employee entitled to a holiday is
required to work on New Year's Day, Memorial Day, Independence Day, Labor
Day, Thanksgiving Day or Christmas Day, the empioyee shall be recompensed tor
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 for such hours worked
in addition to his regular holiday pay.
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Eligibility for holiday pay shall be determined in accordance with Section I,
Subsection I of the Saint Paul Salary Pian and Rates of Compensation.
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ARTICLE 15. HOLIDAYS (continued)
15.8 If Martin Luther King, Jr. Day, Presidents' Day, Veterans' Day or the day after
Thanksgiving falls on a day when school is in session, the employee shall work
that day at straight time and another day shall be designated as the holiday. This
designated holiday shaii be determined by agreement between the employee and
his supervisor.
ARTICLE 1 6. DISCIPLINARY PROCEDURES
16.1 The Employer shall have the right to impose disciplinary actions on emptoyees
forjust cause.
16.2 Disciplinary actions by the Employer shall include only the foilowing actions:
16.2.10ra1 reprimand;
16.2.2Written reprimand;
16.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute §179A.20, Subd. 4, and thereby shall have the right to request
that such actions be considered a°grievance" for the purpose of processing
through the provisions of Article 22 (Grievance Procedure). Once an empioyee
or the Union in the employee's behalf initiates review of an action, that matter
shall not again be reviewed in another forum. Oral reprimands shall not be
subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the
responsibility to notify their supervisor of such absence as soon as possible, but
in no event later than the beginning of such workday.
17.2 Failure to make such notification may be grounds for discipline as provided i n
Article 16 (Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normat
workdays may be considered a"quiY' by the Employer on the part of the
employee.
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ARTICLE 18. SENIORITY
• 1 8.1 For the purpose of this Article the following terms shall be defined as follows:
18.1.1 The term, "Employer,° shall mean Independent School District
No. 625, Saint Paut Public Schools.
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18.1.2 The term, "Master Seniority," shall mean the length of continuous
regular and probationary service with the Empioyer from the date an
employee was first appointed to any class title with the Employer
covered by this Agreement.
18.1.3 The term, "Class Seniority" shall mean the length of continuous
regular and probationary service with the Employer from the date an
employee was first appointed to a position with the Employer in a class
title covered by this Agreement.
This Section 18.1.3 is intended to mean that for any person no matter
what the person's prior experience or how hired by the District, the
person's ciass seniority starts at zero the day of appointment to a Schooi
District position in that title and begins to be calculated from that date.
An employee's Class Seniority does not revert to zero following recall
from an Empioyer initiated layoff within the twenty-four (24)-month
recall rights period specified in 18.4. This definition of class seniority
would be used for all lay-off decisions.
� 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when
such a 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 empioyee to accept an
appointment to the unciassified service of the Employer or to an elected o r
appointed fuli-time position with the Union.
18.3 Seniority shall terminate when an employee retires, �esigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by ciass title within each Department based
on inverse length of °Ciass Seniority" Employees laid off by the Emptoyer shall
have the right to reinstatement in any lower-paid class title previously held
which is covered by fhis Agreement, provided the employee has greater "Class
Seniority" than the employee being replaced. Recall from layoff shall be i n
inverse order of layoff, except that recall rights shall expire after twenty-four
(24) months from the last day of work preceding the layoff. No other Civil
Service recall rights to this Empioyer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shali be made by class title based on length of
� "Class Seniority," subject to the approval of the Empioyer.
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ARTICLE 19. JURISDICTION
1 9.1 Disputes concerning work jurisdiction between and among unions is recognized as •
an appropriate subject for determination by the various unions representing .
empioyees of the Empioyer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any -
mutuai agreements between the unions invoived.
7 9.3 In the event of a dispute concerning the performance or assignment of work, the
unions involved and the Employer shall meet as soon as mutually possible to
resolve the dispute. Nothing in the foregoing shall restrict the right of the
Employer to accomplish the work as originally assigned pending resolution ot the
dispute or to restrict the Employer's basic right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as
clarified by Sections 192 and 19.3 above shall be subject to disciplinary action
as provided in Article 16 (Disciplinary Procedures).
19.5 There shali be no work stoppage, slow down or any disruption of work resulting
from a work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be
considered separated from employment based on the foilowing actions:
20.1 .1 Resignation. Employees resigning from employment shall give written
notice four[een (14) calendar days prior to the effective date of the
resignation.
20.1 .2 Discharae. As provided in Article 16.
20.1.3 Faiture to Report for Dutv. As provided in Article 17.
20.2 Employees having temporary employment status may be terminated at the
discretion of the Employer before the completion of a normal workday.
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ARTICLE 21. TOOLS
21 .1 All employees shall personaliy provide themselves with the tools of the trade � �
listed in Appendix B.
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ARTICLE 22. GRIEVANCE PROCEDURE
• 22.1 The Employer shail 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 ihe Stewards and ot tfieir
successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during
working hours only when consistent with such employee duties and
responsibifities. 'The Steward involved arid a grieving employee shall suffer rro
loss in pay when a grievance is processed during working hours, provided the
Steward and the employee have notified and received the approval of their
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
22.3 The procedure established by this Article shall, except as previousiy noted i n
Ar4ic4e 16 (Discipl+nary Procedures), be the sole and exclusive procedure, for
the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
22.4 Grievances shall be resolved in conformance with the tollowing procedure:
Ste° 1. Upon the occurrence of an alleged violation of this Agreement, the
� employee invofved shall atlempt 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, fhe 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 seven {7) calendar days of the first
occurrence of the event giving rise to the grievance or within seven ( 7)
days of the date when the grievant with the use of reasonable diligence
shouid have had knowledge of the first occurrence of the event giving
rise to the grievance, shall be considered waived.
Ste° 2. Within seven (7) calendar days after receiving the written grievance, a
des+gnated Empioyer Supervisor shall meet with the Union Steward and
attempt to resoive the grievance. If, as a result of this meeting, the
grievance remains unresolved, the Employer shall reply in writing to
the Union within three (3) calendar days following this meeting. The
Union may refer the grievance in writing to Step 3 within seven ( 7)
calendar days following receipt of the Employer's written answer. Any
grievance not referred in writing by the Union within seven ( 7)
calendar days foliowing receipt of the Employer's answer shail be
considered waived.
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ARTICLE 22. GRIEVANCE PROCEDURE (continued)
Ste�3. Within seven (7) calendar days following receipt of a grievance
referred from Step 2, a designated Employer Supervisor shall meet
with the Union Business Manager or the designated representative and
attempt to resolve the grievance. Within seven (7) calendar days
following this meeting, the Employer shall reply in writing to the Union
stating the Employer's answer concerning the grievance. If, as a result
of the written response, the grievance remains unresolved, the Union
may refer the grievance to Step 4. Any grievance not referred i n
writing by the Union may refer the grievance to Step 4 within seven
(7) calendar days following receipt of the Employer's answer shall be
considered waived.
Steo 4. If the grievance remains unresolved, the Union may within seven ( 7)
calendar days after the response of the Employer in Step 3, by written
notice to the Employer, request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutuai agreement of the Employer and the Union within
seven (7) calendar days after notice has been given. If the parties fail
to mutually agree upon an arbitrator within tfie said seven (7j-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.
22.5 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.
22.6 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 representative and witnesses. If either
party cancels an arbitration hearing or asks for a last-minute postponement that
leads to the arbitrator's making a charge, the canceling party or the party asking
for the postponement shall pay this charge. ff either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing i t
pays for the record.
22.7 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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ARTICLE 23. RIGHT OF SUBCONTR.4CT
23.1 The Employer may, at any time during the duration of this Agreemeni, contract
out work done by the employees covered by this Agreement. In the event that
such contracting would result in a reduction of the workforce covered by this
Agreement, the Employer shail give the Union a ninety (90) calendar day notice
of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement
shall in all cases be made only to employers who qualify in accordance with
Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 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 non-membership in the
Union.
24.2 Employees will pertorm their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
employees and the generai public.
ARTICLE 25. SEVERABILITY
25.1 In the event that any provision(s) of this Agreement is declared to be contrary to
law by proper legislative, administrative or judicial authority from whose
finding, determination or decree no appeai is taken, such provision(s) shall be
voided. All other provisions shall continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the
voided provisions of the Agreement in compliance with the legislative,
administrative or judiciai determination.
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ARTICLE 26. WAIVER
26.1 The Empioyer and the Union acknowledge that during the meeting and negotiating �
which resulted in ihis Agreement, each had the right and opportunity to make
proposals with respect to any subject conceming the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this righi are fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree
that the other party shall not be obligated to meet and negotiate over any term o r
condition of employment whether specifically covered or not specifically covered
by this Agreement. The Union and Employer may, however, mutually agree to
modify any provision of this Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, arxi
rules or regulations regarding the terms and conditions of employment, to the
extent they are inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District under policy adopted by the Board of Education •
may be reimbursed for the use of their automobiles ior school business. To be
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN ° A". Effective with the adoption of this Agreement, is reimbursed at the
current Board of Education approved mileage rate or 31� per mile whichever is
more. 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 mauimum amount can be the
experience of another employee working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
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ARTICLE 28. DURATION AND PLEDGE
28.1 This Agreement shall become effective as of the date of signing, except as specificalfy
provided otherwise in Articles 12 and 13, and shall remain in effect through the
30th day of April, 1999, and continue in effect from year to year thereafter unless
notice to change or to terminate is given in the manner provided in 28.2.
28.2 If either party desires to terminate or modify this Agreement effective as of the date
of expiration, the party wishing to modify or terminate the Agreement shall give
written notice to the other party, not more than ninety (90) or Vess than sixty ( 6 6)
calendar days prior to the expiration date, provided that the Agreement may only be
so terminated or modified effective as of the expiration date.
28.3 in consideration of the terms and conditions of employment estabiished by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming its application or interpretation may be
peacefully resolved, the parties hereby pledge that during the term of the Agreement:
28.3.1 The Union and the employees wiil not engage in, instigate or condone any
concerted action in which employees fail to report for duYy, wiVifufly
absent themselves from work, stop work, slow down their work or absent
themselves in whole or part from the full, faithful performance of their
duties of emp{oyment.
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28.3.2 The Employer will not engage in, instigate or condone any lockout of
employees.
28.3.3 This constitutes a tentative Agreement between the parties which will be
recommended by the schooi board negotiator, but is subject to the approval
of the Board of Education, and is also subject to ratification by the Union.
Agreed to and attested to as the fuil and complete understanding of the parties for the period of
time herein specified by the signature of the following representatives for the Employer arxi
the Union.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
INTERNATIONAL BROTHERHOOD OF
PAI TERS ALLIED TRAD CAL 61
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Business Agent
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Date
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Date
APPENDIX A
The classes of positions recognized by the Employer as being exclusively represented by �
the Union are as follows:
Painter
Painter Foreman
Apprentice - Painter
and other classes of positions that may be established by the Employer where the duties
and responsibilities assigned come within the jurisdiction of the Union.
APPENDIX B
Duster
Wali Scrapers
Putty Knife
Broad Knife
Hammer
Screwdrivers
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APPENDIX C
C-1 . fhe total hourly cost to the Employer tor wages plus any and a44 contributions o r
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Effective
4-25-98
Painter
Painter Foreman
$29.54
$30.54
Effective
5-1-99
$30.76
$31 .76
C-2. The total taxable hourly rate including wages and the vacation contribution i n
Appendix D and excluding all other henefit costs and obligations in Appendix D,
for regular and probationary employees appointed to the following classes of
positions and who are not covered by the Employer's benefit package described i n
Article 12.2 shaN be as follows:
Effective
4-25-98
Painter
Painter Foreman
$20.09
$21.04
Effective
5-1-99
.
C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation
analysis ourposes only. These figures represent the portion of the
Appendix C-1 rates above specifically allocated to wages. These rates
do NOT include taxable benefit contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C-2 above for
total tauable payroll information.
Painier
Painter Foreman
Effective
4-25-98
$18.41
$19.36
2'I
Effective
5-1 -99
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APPENDIX C (continued)
C-3. The total taxable hourly rate including wages and the vacation contribution in
Appendix D for temporary employees appointed to the following classes of
positions shail be:
Effective
4-25-98
Aainter
Painter Foreman
$22.13
$23.13
>
If a temporary employee working in a title listed in this Appendix C-3 becomes
subject to the requirements of the Public Employees Retirement Act (PERA),
which thereby requires the Employer to make contributions to PERA, the
calculated hourly rate may change so the Employer's cost doe.s not exceed the
amounts listed in C-1 above.
NOTES FOR APPENDICES C-2. C-2A AND C-3:
' The April 25, 1998, hourly rates in Appendices C-2, C-2A and C-3 shall
be determined at a later date based on the allocation agreed to by the
Employer and the Union of the April 25, 1998, total hourly cost stated i n
Appendix C-1.
C-4. The basic hourly wage rates for the Apprentice class of positions:
PAINTER APPRENTICE RATES
(Hired before May 1. 1 9841
% of Painter rate
first 500 hours 50%
501 to 1,000 hours 55%
1,001 to 1,500 hours 60%
i,50i to 2,000 hours
2,001 to 3,000 hours
3,001 to 4,000 hours
4,001 to 5,000 hours
5,001 to 6,000 hours
65%
70%
759'0
80%
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PAINTER APPRENTICE RATES
(Hired on or after May 1 1 9841
first 1,000 hours
1,001 to 2,000 hours
2,001 to 3,000 hours
3,001 to 3,500 hours
3,501 to 4,000 hours
4,OOi to 4,SOQ hours
4,501 to 5,000 hours
s,00y to s,000 no��s
% of Painter rate
40%
45%
50%
55%
60%
7Q%
80%
90%
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Effective
5-1-99
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APPENDIX C (continued)
C-5. The basic hourly wage rate for regular employees appointed to the foliowing
classes of positions who are covered by the Employer's fringe benefft package and
receiving those benefits listed in Article 12.2 shall be:
Painter
Painter Foreman
Effective
4-25-98
$22.75
$23.80
Effective
5-1-99
'` The April 25, 1998, hourly rates in Appendix C-5 shall be the rates as
those shown in Appendix C-1 less the cost of sick leave usage for 1 997;
and less the cost of hotidays, pension, and vacation for 1998; and less the
cost of health and life insurance for the period May 1997 through
April 1998 incurred by the Employer for employees in this bargaining
unit.
• If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a
way that the total cost of the package (wage rate plus contributions) remains constant
and does not exceed the amounts shown in Appendix C, section C-1.
PREMIUM PAYASSIGNMENTS:
When pertorming the following types of work, the rate ofi pay shafl be seventy-five
cents ($.75) per hour over the basic hourly wage rate of any class of positions.
Sandblasting, swing stage work, erected structural steel skeieton work,
ali bridge work, all exterior work where safety belt or window jacks are
used, spray painting and when applying materiais over 50% creosote, and
for application of all two-component epoxy materiats.
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APPENDIX D
Effective April 25, 1998, the Employer shall forward the amounts designated in this •
Appendix D for participating employees covered by this Agreement and defined i n �
Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by
the Empfoyer:
( 1) $1.68 per hour for all hours worked from which all appropriate payroll
deductions have been made to a Union-designated Vacation Fund.
( 2) $2.95 per hour for all hours worked to a Union-designated Health and
Welfare Fund.
( 3) $425 per hour for all hours worked to a Union-designated Pension Fund
( 4) $1.00 per hour for all hours worked to a Union-designated International
Pension Fund, for regular employees paid at the Appendix C-2 rate.
( 5) $.21 per hour for all hours worked to a Union-designated Aoorenticeship
Fund.
The Employer shall make legally established non-negotiated pension
contributions to PERA. Changes in the mandated PERA rate may change the
calculated hourly base rate of pay so the Employer's cost does not exceed the
amounts listed in C-1 above.
•
All contributions made in accordance with this Appendix D shall be deducted from and are
not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be
forwarded to depositories as directed by the Union and agreed to by the Employer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota statutes.
Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this
Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave,
holiday, funeral leave, jury duty or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to participating employees as defined i n
Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions
established by this Agreement. The actual leve! of benefits provided to employees shall
be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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