99-36Council File # qq -3G
ORIGINA�
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 62424
m
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 July 1, 1998 through June 30, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and School Service Employees Local #284, Exclusive Representative
for Cook Managers.
Requested by Deparhnent oE
Office of Labor Relations
B
Form Approved by C� Attomey
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for
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Approved by Ma� or� D � Z3 �'
By: � (J%I�i�/�1 `C�J
Adopted by Council: Date �- L� `�`�
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Adoption Certified by Council cretary
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DEPARTMENT/OFFICF,1COlSNCII.: DATE INiTTATED GREEN SHEET xo .: 62424 ���
LABOR RELATIONS 12/28/98 �
CONTACI' PERSON & PHONE: � INI17ALnq7'E pVII7pGppTE
JIJLIE KRAUS 266-6513 ,��N 1 DEPARTMENP DIR. � a crrrcouricn.
NpMgElt 2 CITY ATIORNEY � CITY C[,gRK
Mi7Sf BE ON COUNCII, AGENDA BY (DATE) FOR BUD('EC DIR FIN. & MGT. SERVICE DIR
ROUTING 3 MAYOR (OR ASST.) �1
ORDER v �
TOTAL {I OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAI'[7RE)
ncriox xeQVESrsn: This resolution approves the attached July 1, 1998 through June 30, 2000 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and School Service
Employees Local #284, Exclusive Representative for Cook Managers.
RECQMtv�NDATIONS: Approve (A) oc Reject (A) PERSONAL SERYSCE CONIILACIS MUST ANSWER TIiE FOLIAWING
QUESITONS:
PLANN[NG COM[vIISSION _CIVIL SERVICE COMIvIISSION 1. Has tLis persoNfilm ever worked under a contract for this departrnent?
_CIB COMI�9TTEE Yes No
STAFF 2. Ras this persoNfvm ever been a city emptoyee?
_DISTRIC'f COURT Yes No
SUPPORTS WHICH COL7NCIL OBJECfIVE? 3. Does this persoNfirm possess a skill not normally possessed by any current ciry employee?
Yes No
Ezptaio all yes aoswers on separate s6eet and attach to green sbeet
iMTIATING PROBLEM, ISSUE (W6o, What, When, Whue, Wdy):
ADVANTAGESIFAPPROVED: �s=r'�,:.^:F:2 €.i;�.is%c:�ii���a s...'.;e`;tc�,r
This resolution pertains to Board of Education employees only.
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DLSADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACfION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL IlVFORMATTON: (EXPLAIiV) ¢iEC EIV�D
A
MAYOR'S OFFlCE
INDEPENDENT SCHOOL DISTRICT NO. 625 ��' �`
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: September 22, 1998
TOPIC: Approval of Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schoo{s, and School Service Emp{oyees, Local
No. 284, Exclusive Representative for Cook Managers
A. PERTWENT FACTS:
1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000.
2. Contract changes are as follows:
• Wa es: Effective July 4, 1998: The salary schedule will be increased by 2.5%. The $30
annual stipend for Saint Paul Food Manageris Certification will be eliminated and replaced
by an additional 2¢ per hour on the salary schedule. The premium payment for
completion of the Level 3 Minnesota Professional Development Plan for School Food
Service and Nutrition will be increased from 10¢ to 25¢ per hour.
Effective July 3, 1999: The salary schedule will be increased by 2.5%.
An additional pay equity adjustment of .5% is added to the top step in each year of the
contract.
• Insurance: Increase the insurance premium contributions by the District from the current
insurance caps of $190 for single coverage and $350 for family coverage as follows:
Sfnaie Familv
Effective January 1, 1999 $205.00 $375.00
Effective January 1, 2000 $215.00 $400.00
Effective January 1, 1999, employees who are married to another District employee and
who are covered under their spouseis health plan may waive the single or family
contribution to health insurance and receive up to $150 per month toward their spouseis
family premium.
• Severance Pav: Employees who retire and meet eligibility requirements will receive $50
per day for unused, accumulated sick leave up to a mauimum of $15,000. This replaces
all previous severance pay plans.
3. The District has 12 regular employees in this bargaining unit.
4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim
Executive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education oE 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 School Service Employees, Local No. 284, is the exclusive representative;
duration of said Agreement is for the period of July 1, 1998 through June 30, 2000.
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ARTICLE TITLE
TABLE OF CONTENTS
PAGE
Article 1. Definition of Agreement .................................................................................1
' Article 2. Recognition ....................................................................................................1
Article 3. Check Off, Fair Share ....................................................................................2
. Article 4. Management Rights .......................................................................................2
Asticle 5. Employee Rights ............................................................................................3
Article 6. Maintenance of Standards .............................................................................3
Articie 7. Non-Discrimination ........................................................ ..............................3
Article8. Holidays ..........................................................................................................4
Article9. Sick Leave ......................................................................................................5
Articie 10. Workday, Work Week .......................................................................................5
Article11. Vacation .........................................................................................................7
Article � 2. Civif Service Examinations .............................................................................7
Article13. Lay-Off Notice ................................................................................................7
Article 14. Insurance Benefits ..........................................................................................8
Article 15. Severance Pay .............................................................................................13
• Article 16. Working Conditions .......................................................................................14
Article 17. CouR Duty Leave ..........................................................................................15
Article 18. Discipline and Discharge ..............................................................................15
Article 19. Grievance Procedure ...................................................................................16
Article20. Leaves ..........................................................................................................19
Article21. Uniforms .......................................................................................................20
Article22. Wages ...........................................................................................................20
Article 23. Severability ..................................................................................................21
Article24. Waiver .........................................................................................................21
Article 25. Duration of Agreement .................................................................................22
Appendix A: Wage Scale .......................................................................23-2A
index............................................................................................................25
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ARTICLE 1. DEFINITION OF AGREEMENT
SECTION 1. Parties. This Agreement is entered into between the Board of Education,
Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the
Board of Education, and School Service Employees Local No. 284, S.E.I.U. (certified by
the Director of the Bureau of Mediation Services as the exclusive representative),
hereinafter referred to as Local No. 284, pursuant to and in compliance with the Pubiic
Employment Labor Relations Act of 1971 (PELRA), as amended, to set forth the terms and
conditions of employment.
SECTION 2. Pu �pose . The purpose of this Agreement is to promote orderiy and
constructive relationships between the Board of Education, the employees of this unit, and
Local No. 284.
ARTICLE 2. RECOGNITION
SECTION 1. The Board of Education recognizes Local No. 284 as the certified exciusive
representative for the following unit:
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All food service personnel in the classifications listed in Appendix A
employed by Independent Schoof District No. 625, who are public
empioyees as defined by PELRA. •
SECTION 2. The Board of Education agrees that so long as Local No. 284 is the
exclusive representative in accordance with the provisions of PELRA 1971 as amended,
and as certified by tfie Bureau of Mediafion Services, State of Minnesota, for ali personnei
defined in Section 1 of this Article, that it will not meet and negotiate with any other labor
or employee organization conceming the terms and conditions of employment for this unit.
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ARTICLE 3. CHECK OFF, FAIR SHARE ' � 1
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SECTION 1 . The Employer agrees to deduct the Union membership initiation fee
assessments and once each month dues from the pay of those employees who individuaily
request in writing that such deductions be made. The amounts to be deducted shaii be
certified to the Employer by a representative of the Union and the aggregate deductions of
all employees shali be remitted together with an itemized statement to the representative
by the first of the succeeding month after such deductions are made or as soon thereafter
SECTION 2 . Any present or future employee who is not a Union member shall be
required to contribute a fair share fee tor services rendered by the Union. Upon notification
by the Union, the Employer shall check off said fee from the earnings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed 85%
of the Union membership dues amount. This provision shall remain operative only so long
as specifically provided by Minnesota law.
In the event there is a change in the law permitting the Union to assess an amount in
excess of S5°/a of regular membership dues, the full amount permitted by law may be
assessed by the Union.
SECTION 3. The Union will indemnify, defend, and hold the School District harmiess
against any claims made and against any suits instituted, and any orders or judgments
issued against the School District, their officers or employees, by reason of negligence of
the Union in requesting or receiving deductions under this Article.
ARTICLE 4. MANAGEMENT RIGHTS
SECTION 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 specificaNy limited by this Agreement.
SECTION 2. This Agreement estabfishes the "terms and conditions of employmenY'
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
employmenY' established by Civil Service Rules, Council Ordinance, and Council
Resolution.
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ARTICLE 5. EMPLOYEE RIGHTS
SECTION 1 . Rights to Views Nothing contained in this Agreement shall be construed to �
limit, impair or affect the right of any empioyee or the employee's representative to the
expression or communication of a view, grievance, compfaint or opinion on any matter
related to the conditions or compensation of public empioyment or its betterment, so long
as the same is not designed to and does not interfere with the full faithful and proper .
performance of the duties of empioyment or circumvent the rights of the exclusive
representative.
SECTION 2 . information The Exclusive Representative shall have access, upon
reasonable notice, to appropriate and availabie financiai information, not deemed
confidenlial, necessary to perform its duties as prescribed by the PELRA.
ARTICLE 6. MAINTENANCE OF STANDARDS
SECTION 1. The Employer agrees that all conditions of employmenf refating fo wages,
work, overtime differentials, vacations, and general working conditions shall be maintained
at not less than the highest minimum standard as set forth in the Civil Service Ftules of the
City of Saint Paul (Resolution No. 3250) and Resoiution No. 6446 at the time of signing of
this Agreement, and the conditions of employment shall be improved wherever specific
provisions for improvement are made elsewhere in this Agreement.
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ARTICLE 7. NON-DISCRIMINATION
SECTION 1. Neither the Union nor the Employer shall discriminate against any employee
because of Union membership or non membership, or because of race, color, sex, religion,
national origin or political opinion or a�liations.
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ARTICLE 8. HOLIDAYS
SECTION 1. Regular or provisional employees in the bargaining unit shall be granted
holidays off with pay provided they have been compensated for all scheduled hours of their
last scheduled workday before the hoiiday and for their first scheduled workday foilowing the
holiday. The following days are declared to be the holidays:
New Yea�s Day
Martin Luther King Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth �riday in fJovember
December 25
• If one of the above listed holidays falls on a day when school is in session, then the Food
Service Director shall designate another day, when schooi is not in session, as a paid
holiday. AII employees will be expected to work on all days when school is in session,
except when on approved leave.
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ARTICLE 9. SICK LEAVE
SECTION 1. Sick leave shall accumulate at the rete of .0576 of a
fuli hour on the payroll, excluding overtime. Sick leave accumu)atio
eiigibie for sick leave, the employee must report to his/her supervisor
(1/2) hour past his/her reguiar scheduled starting time. The granting
subject to the terms and provisions of this Agreement.
SECTION 2 Specified Allowable Uses of Sick Leave
working hour for each
n is uniimited. To be
no later than one-half
of sick leave shali be
2.1 Any employee who has accumulated sick leave credits as provided above shall be
granted leave with pay, for such period of time as the head of the department
deems necessary, on account of sickness or injury of the employee or quarantine
estabiished and declared by the Bureau of Heaith, and may be granted leave with
pay for such time as is actuaily necessary for office visits to a doctor, dentist,
optometrist, etc., or in the case of sudden sickness or disability of a member of
his/her household, making arrangements for the care of such sick or disabled
persons up to a maximum of eight (8) hours sick leave.
2.2 Sick Chiid Care Leave. An employee who works twelve (12) consecutive months per
year for an average of twenty (20) or more hours per week may use accumulated
personal sick leave credits for absences required to care for the employee's ill chiid.
Sick leave for sick child care shafl be granted on the same terms as the employee is
able to use sick leave for the employee's own illness. This leave shall only be
granted pursuant to Minnesota Statute § 181.9413 and shali remain available so
long as provfded in Statute.
2.3 BereavemenUFamily Iliness/Emergency Leave. Up to forty {40) hours of leave
per year is allowed for serious family illness, emergencies, or bereavement of a
family member, including spouses, parents, children, or a person who is a member
of the household. The days allowed and used shall be deducied from accumulated
sick leave. Additional days may be aliowed at the discretion of the department
head.
2.4 Funeral Leave. Any employee who has accumulated sick leave credits shall be
granted one day of such leave to attend the funeral of the employee's grandparent,
grandchild, aunt, uncle, sister-in-law or brother-in-law.
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ARTICLE 10. WORKDAY, WORK WEEK
• This Article is intended only to define the normal hours of work and to provide tfie basis for
the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours
of work per day or per week.
SECTION 1 . Workday and Woric Week The normal workday shali be eight and one-half
(8.5) hours in duration, eight (8) of which are paid. The normal work week is forty (40)-paid
hours, regardless of shift arrangements
SECTION 2 . Rest Sreaks The nortnal workday shall inciude two paid fifteen (15)-minute
rest breaks to be taken as nearly as possible to the midpoint of each four (4) hours of work.
SECTION 3 . Lunch Break A thirty (3D)-minute, duty-free, unpaid funch sha11 be
provided. An employee may extend their lunch hour by fifteen (15) minutes by foregoing
one of the rest breaks, with the approval of their immediate supervisor.
SECTION 4 . Overtime Overtime is to be paid for at the rate of time and one-haif (1-1/2)
for a{I assigned hours worked on the job in excess of forty (40) hours per week, on payroll.
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ARTICLE 11. VACATION
SECTION 1.
1.1 Vacation Accrual Vacations shali be eamed by eiigibie empioyees on the basis
of the foflowing formula:
Years of Service
First Five Years
After Five Years
After Ten Years
After Fifteen Years
After Twenty-Five Years
Hours of Vacation
Earned Per Hour
on Payroil
.0539
.0730
0808
0962
.1000
Estimated
Annual Hours
Earned
112
152
168
200
208
Estimated
Annual Days
Earned
14
19
21
25
26
Calculations above are based on 2,080 hours of work and shall be rounded off to the
nearest hour. Years of service means calendars years worked.
1.2 Vacation Carry Over. Upon written notice to the employee's supervisor and upon
the supervisor's written approval, an employee may carry over up to one hundred
sixty (160) hours of accrued, unused vacation time into the next calendar year. Any
accrued, unused vacation time in excess of one hundred sixiy (160) hours wil� be
forfeited at the end of the calendar year in which it is earned.
1.3 Vacation Scheduling. Vacations must be scheduied in advance and are subject to
approval of the employee's supervisor.
SECTION 2 . Sick Leave Conversion Accumulated sick leave in excess of one thousand
four hundred and forry (1,440) hours' may be converted to vacation at the rate of sixteen
(16) hours' sick feave for eight (8) hours' vacation up to a maximum of forty (40) hours'
vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day.
ARTICLE 12. CIVIL SERVICE EXAMINATIONS
SECTION 1 . Notice of Civil Service (Personnel) Examinations shall be posted in the
kifchen in each work location no later than five (5) working days before the closing date for
examination.
ARTICLE 13. LAY-OFF NOTICE
SECTION 1 . Whenever possible, two (2) weeks of notice shall be given any employee laid
off.
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ARTICLE 14. INSURANCE BENEFITS
• School District No. 625 will contribute toward the premium cost of benefits for eligible
employees.
The Employer will attempt to prevent any changes in the benefits offered by a health
maintenance organizations plan. However, employees selecting coverage offered by a
health maintenance organization agree to accept any changes in be�efits which the
specific health maintenance organization implemenYs.
SECTION 1 ACTIVE EMPLOYEE INSURANCE
Subd. 1. Eligibility Waiting Period Three (3) full months of continuous regularly
appointed service in Independent School District No. 625 wiil be required before an
eligible employee can receive the District's contribution of premium cost for insurance
provided herein.
Subd. 2 . Effective July 1, 1998 the Employer agrees to contribute to the premium cost of
employee hospital and medical coverage up to $190 per month for each fuli-time
employee who is eligible for such coverage, and who selects single coverage; or up to
$350 per month for each ful{-time employee who is eligible for such coverage, and who
selects family coverage.
2.1 Effective January 1, 1999, the Employer agrees to contribute to the premium cost of
empioyee hospital and medical coverage up to $205 per month for each full-time
employee who is eligible for such coverage, and who selects single coverage; or up
• to $375 per month for each full-time employee who is eligible for such coverage,
and who selects family coverage.
2.2 Effective January 1, 2000, the Employer agrees to contribute to the premium cost of
employee hospital and medical coverage up to $215 per month for each full-time
employee who is eligible for such coverage, and who selects singie coverage; or up
to $400 per month for each full-time employee who is eligible for such coverage,
and who selects family coverage.
Subd. 3 Employer Contribution Amount: Married Couples Full-time employees who are
married to another District employee and who are covered under their spouse's health plan
may waive the single or family contribution to health insurance and receive up to $15� per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the fuli cost of family coverage and cannot be applied in cases where the
spouse is receiving health insurance tfirough the D'+stricYs cafeteria benefits plan.
Subd. 4 . Life Insurance The Employer will contribute to the cost of $25,000 life
insurance coverage. The cost to the Employer for life insurance coverage shalf not exceed
;6.32 per month. The life insurance coverage and Employer contribution toward life
insurance premiums terminates at retirement.
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ARTICLE 14. INSURANCE BENEFfTS (continued)
SECTfON 1 ACTIVE EMPLOYEE INSURANCE (continued}:
Subd. 5 . Denfal Insurance The Employer agrees to contribute up to $26 per month to
the premium cost for a dental plan selected by the Employer, for each employee who is
eiigible for such coverage.
Subd. 6 Contribution Status
6.1 F�il-time Status. Eligible employees regulariy assigned more than six (6} hours
per day will receive the full Employer contribution amount.
6.2 Half-Time Status For eligible employees regularly assigned four (4) fo six (6)
hours work per day, the Employer will contribute up to one-half of the full Employer
contribution amount. This does not apply to the Employer contribution for married
couples in Subd. 3 of this Section.
6.2.1 An employee with full contribution as of January 1, 1990, who is reduced
to half-premium eligibflity hours because of heaifh disabifity or Employer-
initiated hours reduction, shali not be reduced in premium contributions
for twelve (12) calendar months from the date of his/her hours reduction,
so long as he/she remains actively employed at the haif-premium
eligibility level.
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Subd. 7. Flexibie Spending Account. It is the intent of the Employer to maintain during
the term of this Agreement a plan for medical and child care expense accounts to be •
available to empioyees in this bargaining unit who are eligible for Empioyer-paid premium
contribution for health insurance for such expenses, within the established legal regulations
and IRS requirements for such accounts.
Subd. 8. Any premium costs in excess of the amounts stated above shatl be paid by the
empioyee, by means of payroil deduction.
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ARTICLE 14. INSURANCE BENEFITS (continued):
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 1 Benefit Eliqibility for Employees who Retire Before Age 65
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1.1 Empioyees hired into District service before January 1, 1996, must have completed
the foilowing service eligibility requirements with Independent School District No.
625 prior to retirement in order to be eligible for any payment of any insurance
premium contribution by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement
Association or other public employee retiree program at the time of retirement
and have severed the employment relationship with Independent School
District 625;
B.
C.
D.
E.
Must be at least fifty-five (55) years of age and have completed twenty-five
(25) years of service, or;
The combination of their age and their years of service must equal eighty-five
(85) or more, or;
Must have completed at least thirty (30) years of service, or;
Must have completed at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paul will continue to be counted
toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for
1.1 E.
12 Employees hired into District service after January 1, 1996, must have completed
twenty (20) years of service with Independent School District No. 625. Time with
the City of Saint Paul will not be counted toward this twenty (20)-year requirement.
1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent School District No. 625
employee and eligibie for and is enrolled in the Independent School District No.
625 health insurance program, or in any other Empioyer-paid health insurance
program.
1.4
1.5
Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make appiication through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
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ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued):
Subd. 2. Employer Contribution Levels for Employees Retiring Before Age 65 i
2.1 Health lnsurance Employer Contribution
The District wiil far the period of this Agreement provide employees who meet the
efigibifity requirements for health insurance in 1.1 or 1.2 above, who retire during
the term of this Agreement, and until such employees reach sixty-five (65) years of
age, such health insurance premium contributions up to the same doliar amount as
were made by the District for health insurance for single or family coverage by that
carrier, for an employee under this Agreement, in his/her last month of active
employment. In fhe event new carriers replace those in place at execution of this
Agreement, the dollar amounts being paid for single or family coverage to the
carrier at the employee's date of retirement shail constitute the iimit on future
contributions. Any employee who is receiving tamily coverage premium
contribution at date of retirement may not later claim an increase in the amount of
the Empioyer obligation for single coverage premium contributions to a carrier after
deieting family coverage.
2.2 Life Insurance Employer Contribution
The District wiii provide for early retirees who qualify under the conditions of 1.1 or
12 above, premium contributions for eligible retirees for $5,000 of life insurance
only until their 65th birthday. No life insurance will be provided, or premium
contributions paid, for any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eliqibility for Employees After Age 65 •
3.1 Employees hired into the District before January 1, 1996, who retired before age 65
and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65,
for employer premium contributions for health insurance described in Subd. 4 of
this Articie.
3.2 Empioyees hired into the District before January 1, 1996, who retire at age 65 or
otder must have completed the following service eligibility requirements to receive
District contributions toward post-age-GS heaith insurance premiums:
A. Employees hired before January 1, 1989, must be continuously emp(oyed with
the District.
Empioyees hired on or after January 1, 1989, must have completed at least
twenty (20) years of continuous employment with the District and meet the
remaining requirements in Subd. 1 of this Article.
Years of certified civil service time with the City of Saint Paul earned prior to
January 1, 1996, wiil continue to be counted toward meeting the DistricYs service
requirement of ihis Subd. 3. Civii service time worked with City of Saint Paui after
January 1, 1996, wiil be considered a break in District empioyment.
•
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.
ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued):
3.3 No employee hired on or after January 1, 1996, shail have or acquire in any way
any efigibility for Employer-paid health insurance premium contribution for
coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired
on or after January 1, 1996, shall be eligible for only early retirement insurance
premium contributions as provided in Subd. 2 and Deferred Compensation match in
Subd. 5.
Subd. 4. Employer Contribution Levels for Emplayees After Age 65
4.1 Employees hired into the District before January 1, 1996, who meet the eligibility
requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium
contributions for a Medicare Suppiement health coverage policy selected by the
District. Premium contributions for such policy wilV not exceed:
Coverage Type
Medicare Eligible
Non-Medicare Eligible
Sin le
$300 per month
$400 per month
Famiiy
$400 per month
$500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions specified must be paid
directly and in full by the retiree, or coverage wili be discontinued.
Subd. 5. Employees hired after January 1, 1996 after compietion of three (3) fuil years of
• consecutive active service in Independent School District No. 625, are eligible to
participate in an employer matched Minnesota Deferred Compensation Ptan. Upon
reaching eligibility, the District will match up to $500 per year of consecutive active
service, up to a cumulative Iifetime maximum of $12,500. Part-time employees working
half-time or more will be eligibie for up to one half (50%) of the availabie District match.
Approved non-compensatory leave shall not be counted in reaching the three (3) full years
of consecutive active service, and shall not be considered a break in service. Time worked
in the City of Saint Paul will not be counted toward this three (3)-year requirement.
�
Federa{ and state rufes governing participation in the Minnesota Deferred Compensation
Plan shall apply. The employee, not the District, is solely responsible for determining
his/her total maximum allowable annual contribution amount under IRS regulations.
The employee must initiate an application to participate through the DistricYs specified
procedures.
12
ARTICLE 15. SEVERANCE PAY
SECTION 1. The Employer shall provide a severance pay program as set forth in this �
Rrticle. Payment of severance pay shall be made within the tax year of the retirement.
SECTION 2 . To be eligible for the severance pay program, the empioyee must meet the
foilowing requirements:
Subd. 1. The employee must be fifty-five (55) years of age or older or must be eligible for
pension under the "Rule of 90° provisions of the Pubiic Employees Retirement Association
(PERA). The "Rule of 85" or the "Rule ot 90" criteria shail also apply to employees covered
by a public pension plan other than PERA.
Subd. 2. The empioyee must be voluntarily separated from Schoof District employment
or have been subject to separation by layoff or compuisory retirement. Those employees
who are discharged for cause, misconduct, inefficiency, incompetency or any other
disciplinary reason are not eligible for this severance pay program.
Subd. 3. The employee must file a waiver of re-employment with the Director oP Human
Resources, which will clearly indicate that by requesting severance pay, the employee
waives all claims to reinstatement or re-empioyment (of any type) with the City of Saint Paul
or with Independent School District No. 625.
SECTION 3. If an employee requests severance pay and if the employee meets the
eligibility requirements set fofth above, he or she will be granted severance pay in an
amount equal to $50 pay for each day of accrued, unused sick leave, up to 300 days. .
SECTION 4. The maximum amount of money that any employee may obtain through this
severance pay program is $15,000.
SECTION 5. For the purpose of this severance pay program, a death of an employee
shall be considered as separation of employment and, if the employee would have met all
of the requirements set forth above at the time of his or her death, payment of the
severance pay may be made to the employee's estate or spouse.
SECTtON 6. For the purpose of this severance pay program, a transfer from Independent
School District No. 625 empioyment to City of Saint Paul employment is not considered a
separation of employment, a�d such transferee shall not be eligible for this severance
program.
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ARTICLE 16. WORKING CONDITIONS
SECTION 1 . Emerqency Ciosings If it becomes necessary or desirable to close a school
as a result of an emergency, the effort shall be made to notify employees not to come to
work. Employees not notified who report for work shall be granted two (2) hours' pay at their
regular rate.
SECTION 2 . Workshops Employees in the Food Service program required by the Food
Service Director to attend Food Service workshops shall be reimbursed for the tuition of the
workshop and will be paid the normal hourly rate for the time spent in the workshop.
SECTION 3. Mileage. �Nhen an employee is authorized by the proper supervisor to use
his or her personal vehicle in the interest of the Employer, mileage reimbursement will be
paid at 31¢ per mile or the current School District rate whichever is greater, and by the
approval of the Food Service Director.
SECTION 4 . Workinq Out Of Ciassification Employer shail avoid, whenever possible,
working an empfoyee on an out-of-class assignment for a prolonged period of time. Any
employee working an out-of-ciass assignment for a period in excess of fifteen (15) working
days during any fiscal year of employment shali receive the rate of pay for the out-of-class
assignment in a higher ciassification not later than the sixteenth (16) day of such
assignment. For purposes of this Article, an out-of-ciass assignment is defined as the full-
time pertorma�ce of all of the significant duties and responsibilities of a classification by an
individual in another classification. For the purposes of this Article, the rate of pay for an
out-ot-class assignment sha�l be the same rate the employee would receive if he/she were
promoted to the higher classification.
SECT{ON 5 . Work In Advance Of School Year ln the event that a manager is required to
work in advance of the beginning of the school/work year in arranging the workforce, the
manager wili make the arrangements from a Schooi District faciiity as assigned, and will be
paid the regular contract rates for the assigned duty time.
SECTION 6 Saint Paul Food Manager's Certification The parties recognize and
acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding
a position covered by this Agreement. This Certification or a State of Minnesota
Certification will 6e required if the regulation changes. The test or tests for certification will
be taken on the employee's own time.
14
ARTICLE 17. COURT DUTY LEAVE
SECTION 1. Any empioyee who is required to appear in court as a juror or as a
subpoenaed wifiess shail be paid his/her regular pay while so engaged, unless the court
duty is the result of litigation undertaken by the employee or the Union against the
Employer. Any fees that the empioyee shall receive from the court for such service shall be
paid to the Employer. Any employee who is scheduled to work a shift other than the normal
daytime shift, shall be rescheduled to work the normai daytime shift during such time as
he/she is required to appear in court as a juror or witness.
ARTICLE 18. DISCIPLINE AND DISCHARGE
SECTION 1. The Employer shall have the right to impose disciplinary actions on
empioyees for just cause.
SECTION 2.
actions:
2.
3.
4.
5.
Disciplinary actions by the Employer shall include only the foliowing
Oral reprimand;
Written reprimand;
Suspension;
Demotion;
Discharge.
SECTION 3. Empioyees who are suspended, demoted or discharged shall have the right
to request that such acttons be reviewed through the grievance procedure provided in
Article 20 of this Agreement, including arbitration. This contract grievance procedure shall
be the normal process for such review.
SECTION 4. Preliminary Review. Prior to issuing a disciplinary action of unpaid
suspension demotion, or discharge, the supervisor will make a recommendation to his/her
supervisor regarding proposed discipline. That supervisor will then meet with the employee
prior to making a final determination of the proposed discipiine. The employee shall have
the opportunity to have union representation present and be provided the opportunity to
speak on his/her behalf regarding the proposed action. If the empioyee is unable to meet
with Yhe supervisor, the employee and/or union will be given the opportunity to respond in
writing.
.
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ARTICLE 19. GRIEVANCE PROCEDURE
• SEGTION 1. This grievance procedure is established to resolve any specific dispute
between the employee and the School District concecning, and limited to, the
interpretation or application of the provisions of this Agreement.
SECTION 2. An employee presenting a grievance may elect to be represented by an
appropriate Union representative. At Step 1 or Step 2 af the grievance procedure, the
employee may choose to present his/her grievance without being represented by a Union
representative, provided however, that the Union representative shall be notified of the
adjustment or settlement of any Step 2 grievance and provided further that any adjustment
or settlement shall not be inconsistent with the terms of the Agreement.
SEGTION 3 . It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during normal
working hours when consistent with such employees' duties and responsibilities. The
aggrieved employee and a Union representative shali be aliowed a reasonable amount of
time without loss of pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the employee and the Union representative have
notified and received the approval of the designated supervisor and provided that such
absence is reasonable and would not be detrimental to the work programs of the Employer.
It is understood that the Employer shall not use the above limitat+on to hamper the
processing of grievances.
• SECTION 4. A grievance shall be resolved in the following manner:
Subd. 1. Step 1. Any employee claiming a specific disagreement concerning the
interpretation or appiication of the provisions of this Agreement shall, within twenty (20)
working days of its first occurrence or within ten (10) working days of the time the employee
reasonabiy should have had knowledge of the occurrence, whichever is later, discuss the
complaint orally with the Director of School Food Service (or other representative
designated by the Superintendent). The Director of School Food Service (or
SuperintendehYs representative) shall attempt to adjust the complaint at that time.
Subd. 2. Step 2. If the grievance is not resolved through oral discussion and concluded
within five (5) working days, the employee may appeal the grievance to Step 2 by placing
the grievance in writing, setting forth the nature of the grievance, the facts on which it is
based, the provisions of the Agreement allegedly violated, and the remedy requested. This
written statement shall be presented to the Director of School Food Service for formal
discussion and written response. The formal discussion of the grievance shail be within ten
(10) working days of the receipt of the written grievance by the Director of School Food
Service. A reply shaH be given to the empfoyee and the Union in writing within ten {10)
days following the formal discussion. If the employee is not satisfied with the findings on
Step 2, the grievance may be appealed to Step 3.
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ARTICLE 19, GRIEVANCE PROCEDURE (continued)
Subd. 3. Step 3. A grievance not resolved in Step 2 and appealed to Step 3 shall be �
placed in writing setting forth the nature of the grievance, the facts on which it is aased, the
provision or provisions of the Agreement allegedly vioiated, the remedy requested, and
shall be appealed to Step 3 by the employee and the Union within fifteen (15) working days
after the Employer-designated representative's final answer in Step 2. Any grievance not ,
appealed in writing to Step 3 by the employee and the Union within fifteen (15) working
days shall be considered waived.
If appealed, the written grievance shali be presented by the employee and the Union and
discussed with the Superintende�t of Schoois or designated representative, wiYhin ten (10)
working days after receipt of the written grievance. The Employer-designated
representative shail give the Union the Employer's Step 3 answer in writing w[thin ten (10)
working days following the presentation and discussion of the matter.
If the employee is not satisfied with the findings on Step 3, the Union may request
arbitration within ten (10) working days after receipt of the Employers reply on Step 3.
Subd. 4. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the
Union shall be submitted to arbitration subject to the provisions of the Public Employment
Labor Relations Act of 1971 as amended. If a mutualiy-acceptable arbitrator cannot be
agreed upon, the selection of an arbitrator shall be made in accordance with the
procedures of the Minnesota Bureau of Mediation Services.
SECTION 5 . The arbitrator shall have no right to amend, modify, nuilify or ignore the
terms and conditions of this Agreement. The arbitrator shall consider and decide only the �
specific issue(s) submitted in writing by the Empioyer and the Union, and shail have no
authority to make decisions 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, copies to
both parties and the Bureau of Mediation Services within thirty (30) days following the close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be binding on both the Employer and the
Union and shall be based solety on the arbitrator's interpretation or application of the
express terms of this Agreement and to the facts of the grievance presented.
•
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ARTICLE 21. UNIFORMS
• SECTION 1. Employees will be provided three (3) new uniforms per school year by the
Employer. Selection of uniforms is the Employer's option.
Subd. 1. The Employer wif{ provide three (3) uniforms at staR-up for new employees.
Subd. 2. An employee who has received uniforms and then terminates employment for
any reason after less than six (6) full months of active empfoyment, is obligated to return the
uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs
will be deducted from the final paycheck of the terminating employee.
ARTICLE 22. WAGES
SECTION 1 . Wage Rates See wage rates described in Appendix A.
SECTION 2 . Initial Step Placement Initial step placement when an employee is
origina{ly hired, moves from another unit into a title covered by this Agreement or from one
title covered by this Agreement to a different title under this Agreement, shall be governed
by Civil Service Rules.
SECTION 3 . Salary Step Progression Progression through the steps of a salary range
in this contract will be based on the following conditions:
Subd. 1. Employees must have received an overall rating of "satisfactory" on their most
recent performance evaluation to receive any salary step advancement.
• Subd. 2. Step movement will be effective on the first day of the first pay period following
the employee's anniversary date in the employees current job title. The employee shall be
eligible for step movement in Steps 1-5 provided the employee has worked at least 1,000
hours in the previous year prior to that anniversary date.
Subd. 3. The employee shall be eligible for step movement in Steps 6-9 every two (2)
years provided the employee has worked at least 1,000 hours in the previous year. However,
an employee who has completed years of service greater than or equal to the years of
service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2
until the empioyee's years of service completed match the years of service required for the
step.
Employees appointed to a position in the bargaining unit on or after January 1, 1995, once
placed on the salary schedute, wil! advance thereafter from step to step based on
accumulation of the appropriate number of hours between the steps as detailed above and
without reference to any prior employment in the District.
SECTION 4 . Pay Equity Compliance Option During the term of this Agreement, the
Board may at its discretion unilaterally increase the pay rates provided in Appendix A in an
effort to achieve compliance with the requirements of the Minnesota Pay Equity Act. Ten
(10) days of notice to the Union will be provided prior to taking such action.
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ARTICLE 23. SEVERABILITY
In the event that any provision(s) of this Agreement is declared to be contrary to law by •
proper Iegislative, administrative or judicial authority from whose finding, determination or
decree no appeal is taken, such provision(s) shall be voided. Ali other provision shall
continue in full force and effect.
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 judicial
determination.
ARTICLE 24. WAIVER
The Employer and the Union for the duration of this Agreement agree that the other party
shail not be obligated to meet and negotiate over any term or condition of employment
whether specificaliy covered or not specificaNy covered by this Agreement. The Union and
Employer may, however, mutually agree to modify any provision of this Agreement.
Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are here6y superseded.
.
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ARTICLE 19. GRIEVANCE PROCEDURE (continued)
• The fees and expenses for the arbitrators services and proceedings shall be bome equally
by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
. record. If both parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
If a grievance is not presented within the time limits set forth above, it shall be considered
waived. 1f a grievance is not appealed to the next step within the specified time limit or
any extension thereof, it shall be considered settled on the basis of the Employer's iast
answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to process the grievance to the next step. 7he
time limit in each step may be extended by mutual written agreement of the Employer and
the Union in each step.
SECTION 6 Election of Remedies and Waiver A party instituting any action,
proceeding or complaint in a federal or state court of law, or before an administrative
tribunal, federal agency, state agency, or seeking relief through any statutory process for
which relief may be granted, the subject matter of which may constitute a grievance under
this Agreement, shall immediately thereupon waive any and ail rights to pursue a grievance
under this Article. Upon instituting a proceeding in another form as outlined herein, the
employee shall waive his/her right to initiate a grievance pursuant to this Article, or, if the
grievance is pending in the grievance procedure, the right to pursue it further shall be
immediately waived. This Section shall not apply to actions to compei arbitration as
• provided in this Agreement or to enforce the award of an arbitrator.
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ARTICLE 20. LEAVES
SECTION 1 . Long-Term Leaues Without Pay Leaves of absence may be requested and �
are subject to approval of the department head. The Food Service Director wiil reply to
such requests within fiReen (15) calendar days after they are received in the Food Service
Office. A list of typical leaves is provided below. This list does not cover ali possible
reasons.
• Physical or mentai incapacity of the employee to perform their work efficiently,
where the granting of a leave will permit the employee to receive treatment
enabling them to return to School District service;
. Election or appointment of a full-time, paid position in an organization or union
whose members consist largely or exciusively of empioyees of the Schooi
District;
. Education or training relating to the empioyee's regular duties or to prepare the
employee for advancement;
. Election of the employee to a School District position;
• Appointment of the employee to an unclassified Schooi District position;
• Disability or injury received in the performance of duty not due to the
negiigence of the employee for the period the employee is receiving
compensation payments from the School District for temporary partiai disability
or temporary total disability;
. Parental leave upon the request of the empioyee.
Employees returning from leave will be piaced in the next available vacancy in their job
title.
SECTION 2 . Short-Term Leaves Without Pay Short-term special leaves without pay, not •
to exceed two (2) weeks in duration, may be requested and wilt be considered by the
Employer subject to the operational needs of the Employer and the ability to secure
substitute help to satisfactorily maintain the particular assignment of the employee
involved.
Subd. 1. Applications for such leaves must be submitted in writing to the Food Service
Director at least forty-five (45) calendar days prior to the proposed start of the leave without
pay and shall include the proposed period of the leave and purpose for leave.
Subd. 2 . Effective April 1, 1979, the Director of Food Service shall notify the employee
requesting ieave no less than thirty (30) calendar days prior to the proposed leave date,
whether the leave is to be granted or denied, except that, if a leave is requested to
immediately follow a one-week or two-week school vacation, the thirty (30) days' notice
shall occur thirty (30) days before the beginning of such vacation period, providing the
request was received at least fifteen (15) days earlier.
SECTION 3 . Family and Medical Leave Leaves of absence shall be granted as required
under the federal law known as the Family Medical Leave Act (FMLA) so long as it remains
in force. The Human Resource Department provides procedures.
•
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ARTICLE 25. DURATION OF AGREEMENT
This Agreement shaii be in full force and effect from July 1, 1998 through June 30, 2000,
and shail automatically be continued from year to year thereafter, unless a new agreement
is devefoped in accordance with the provisions of the Pubiic Employment Labor Relations
Act of 1971, as amended. Intent to negotiate a new agreement shall be indicated by either
party providing written notice thereof at ieast ninety (90) days prior to the termination date
set forth herein.
COOK MANAGERS AGREEMENT
•
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This Agreement is by and between Independent School District No. 625 and School
Service Employees Local No. 284, S.E.I.U., AFL-C10, on behatf of Cook Managers.
In full settlemant of these negotiations between the herein parties, the parties have adopted
this Agreement, which is attached hereto and made a part hereof.
It is understood that this settlement shall be subject to approval and adoption by the Board
of Education of I�dependent School District No. 625 as well as ratification by the Union.
INDEPENDENT SCHOOL DISTRICT NO.
625
SCHOOL RVICE EMPIOYEES
LOCAL 284;S.E.I.U., AFL-CIO
i9 :�Z ,s :G`� '��%��''/"�/
U �/i/9�
Date
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Date
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Assistant Manager
APPENDIX A: COOK MANAGER EMPLOYEES TITLES AND SALARIES
INDEPENDENT SCHOOL DlSTRlCT NO. 625 �
Effective: July 4, 1998
S7EP 1 2 3 4 5 6 7 8 9
START 1 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR e YEAR 10 VEAR 12 YEAR
Titles
Control
Production
S�rvisor 'I05478 1096.92 1140.73 178627 1233.67 1264.48 '1,29528 1359.97 1,489.34
Catering
Coortiinator 1,097.91 1,140.04 1,183.86 'I,729.4� 1,276.80 1,307.fi0 1.338.41 1,403.09 1.533.32
Schaol
WrMh
Coordinator t.t24.86 1,166.99 '12t0.90 t256.36 1,303.76 1,334.56 t,365.36 1.430.04 1,560.8'1
Effective: July 3, 1999
SiEP 1 2 3 4 5 6 7 8 9
START 7 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR
Titles •
Quality ConVol
Ascictant 1 d55A5 1 058.0'I 1141 R7 7.18750 1 234.92 1 26575 1296.59 1361.36 1.496.90
Production
SuPervisor 1081.15 1124.34 116925 1,215.93 1,264.51 1296.09 1.327.67 1.393.97 1,534.02
Catenng
Coordinator 1,125.36 1.168.54 7,213.45 1,260.14 1.308.72 1.34029 1.371.87 1,438.17 1,579.32
School
W ndi
CooNinator 1.152.98 1.196.17 1,241.07 t.287.77 1,336.35 1,367.93 1.399.50 1.465.79 1,607.64
•
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APPENDIX A (continued)
When a regularly (civil service) certified and appointed employee shail have completed the
credit hours required for Level 3 of the Minnesota Professionai Development Plan for School
Food and Nutrition and shall have received such certification, that employee shall become
eligible for an additionai $0.25 (twenty-five cents) per hour premium over and above his/her
normal biweekly rate of pay for all hours on the payroll so fong as the employee maintains a
current Level 3 certification. Payment of the $0.25 (twenty-five cents) per hour premium shall
become effective within thirty (30) days after the employee has presented to the Director of
Food Service of the Saint Paul Public Schools evidence in writing of his/her completed
Level 3 certification. Employees must maintain current Level 3 certification and show
evidence of the renewed certification to be eligible for continuation of the premium.
LEAD FOOD PRODUCTION SUPERVISOR PREMIUM
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When a regularly certified and appointed Food Production Supervisor is assigned the duty of
Lead Food Production Supervisor, the employee shall be paid an additional $.50 (fifty cents)
per hour over and above his/her normal hourly rate of pay for the hours worked on each
workday assigned in the Lead person function. This duty shali be assigned or discontinued at
the sole discretion of the Director of School Food Service. Only a regularly appointed Food
Production Supervisor is eligible for the premium, when properly assigned.
At any time when the Director of Food Service pians to assign this
employee in the Food Production Supervisor title for more then thirty
employees working in that title will be notified and have an opportunity
the duty.
Lead function to an
(30) working days, ail
to express interest i n
24
INDEX
e
Bereavement Leave ................................5
C
Certification Premium ...........................23
Chiid Care Sick Leave .............................5
CoUrtDuty .............................................15
D
Dental I nsurance .....................................9
Discharge ..............................................15
Discipline ..............................................15
E
Emergency Closings ..............................14
Emergency Leave ...................................5
Employee Rights .....................................3
F
Fair Share ...............................................2
Family and Medical Leave ...................19
Family Iliness Leave ................................5
Flexible Spending Account ....................9
FuneralLeave .........................................5
G
Grievance Procedure ............................16
H
Holidays..................................................4
I
Insurance Benefits ...................................8
L
Lay-Off ....................................................7
Life Insurance .........................................8
Long-Term Leaves Without Pay............19
Lunch Break ............................................6
M
Management Rights ...............................2
Mileage .................................................14
O
Overtime.................................................6
R
Rest Breaks ..............................................6
Retirement Health Insurance .................10
S
Saint Paul Food Manager's
Certification .......................................14
Salary Step Progression ........................20
Severance Pay ......................................13
Short-Term Leaves Without Pay............19
Sick Leave .. .........................................5
Sick Leave Conversion ............................7
Supervisor Premium ..............................24
U
Un iforms ............................................... 2 0
Unian membership .................................2
V
Vacation.................................................7
W
Wage Rates ...........................................20
Work In Advance of Schoot Year...........14
WorkWeek ...............................................6
Workday...................................................6
Working Out of Ciassification .................14
Workshops..............................................14
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Council File # qq -3G
ORIGINA�
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 62424
m
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 July 1, 1998 through June 30, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and School Service Employees Local #284, Exclusive Representative
for Cook Managers.
Requested by Deparhnent oE
Office of Labor Relations
B
Form Approved by C� Attomey
BY� �� � '�C � �i `� l�Q
for
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Approved by Ma� or� D � Z3 �'
By: � (J%I�i�/�1 `C�J
Adopted by Council: Date �- L� `�`�
i
Adoption Certified by Council cretary
4q .3L
DEPARTMENT/OFFICF,1COlSNCII.: DATE INiTTATED GREEN SHEET xo .: 62424 ���
LABOR RELATIONS 12/28/98 �
CONTACI' PERSON & PHONE: � INI17ALnq7'E pVII7pGppTE
JIJLIE KRAUS 266-6513 ,��N 1 DEPARTMENP DIR. � a crrrcouricn.
NpMgElt 2 CITY ATIORNEY � CITY C[,gRK
Mi7Sf BE ON COUNCII, AGENDA BY (DATE) FOR BUD('EC DIR FIN. & MGT. SERVICE DIR
ROUTING 3 MAYOR (OR ASST.) �1
ORDER v �
TOTAL {I OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAI'[7RE)
ncriox xeQVESrsn: This resolution approves the attached July 1, 1998 through June 30, 2000 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and School Service
Employees Local #284, Exclusive Representative for Cook Managers.
RECQMtv�NDATIONS: Approve (A) oc Reject (A) PERSONAL SERYSCE CONIILACIS MUST ANSWER TIiE FOLIAWING
QUESITONS:
PLANN[NG COM[vIISSION _CIVIL SERVICE COMIvIISSION 1. Has tLis persoNfilm ever worked under a contract for this departrnent?
_CIB COMI�9TTEE Yes No
STAFF 2. Ras this persoNfvm ever been a city emptoyee?
_DISTRIC'f COURT Yes No
SUPPORTS WHICH COL7NCIL OBJECfIVE? 3. Does this persoNfirm possess a skill not normally possessed by any current ciry employee?
Yes No
Ezptaio all yes aoswers on separate s6eet and attach to green sbeet
iMTIATING PROBLEM, ISSUE (W6o, What, When, Whue, Wdy):
ADVANTAGESIFAPPROVED: �s=r'�,:.^:F:2 €.i;�.is%c:�ii���a s...'.;e`;tc�,r
This resolution pertains to Board of Education employees only.
�n�`����'
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DLSADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACfION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL IlVFORMATTON: (EXPLAIiV) ¢iEC EIV�D
A
MAYOR'S OFFlCE
INDEPENDENT SCHOOL DISTRICT NO. 625 ��' �`
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: September 22, 1998
TOPIC: Approval of Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schoo{s, and School Service Emp{oyees, Local
No. 284, Exclusive Representative for Cook Managers
A. PERTWENT FACTS:
1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000.
2. Contract changes are as follows:
• Wa es: Effective July 4, 1998: The salary schedule will be increased by 2.5%. The $30
annual stipend for Saint Paul Food Manageris Certification will be eliminated and replaced
by an additional 2¢ per hour on the salary schedule. The premium payment for
completion of the Level 3 Minnesota Professional Development Plan for School Food
Service and Nutrition will be increased from 10¢ to 25¢ per hour.
Effective July 3, 1999: The salary schedule will be increased by 2.5%.
An additional pay equity adjustment of .5% is added to the top step in each year of the
contract.
• Insurance: Increase the insurance premium contributions by the District from the current
insurance caps of $190 for single coverage and $350 for family coverage as follows:
Sfnaie Familv
Effective January 1, 1999 $205.00 $375.00
Effective January 1, 2000 $215.00 $400.00
Effective January 1, 1999, employees who are married to another District employee and
who are covered under their spouseis health plan may waive the single or family
contribution to health insurance and receive up to $150 per month toward their spouseis
family premium.
• Severance Pav: Employees who retire and meet eligibility requirements will receive $50
per day for unused, accumulated sick leave up to a mauimum of $15,000. This replaces
all previous severance pay plans.
3. The District has 12 regular employees in this bargaining unit.
4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim
Executive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education oE 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 School Service Employees, Local No. 284, is the exclusive representative;
duration of said Agreement is for the period of July 1, 1998 through June 30, 2000.
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•
ARTICLE TITLE
TABLE OF CONTENTS
PAGE
Article 1. Definition of Agreement .................................................................................1
' Article 2. Recognition ....................................................................................................1
Article 3. Check Off, Fair Share ....................................................................................2
. Article 4. Management Rights .......................................................................................2
Asticle 5. Employee Rights ............................................................................................3
Article 6. Maintenance of Standards .............................................................................3
Articie 7. Non-Discrimination ........................................................ ..............................3
Article8. Holidays ..........................................................................................................4
Article9. Sick Leave ......................................................................................................5
Articie 10. Workday, Work Week .......................................................................................5
Article11. Vacation .........................................................................................................7
Article � 2. Civif Service Examinations .............................................................................7
Article13. Lay-Off Notice ................................................................................................7
Article 14. Insurance Benefits ..........................................................................................8
Article 15. Severance Pay .............................................................................................13
• Article 16. Working Conditions .......................................................................................14
Article 17. CouR Duty Leave ..........................................................................................15
Article 18. Discipline and Discharge ..............................................................................15
Article 19. Grievance Procedure ...................................................................................16
Article20. Leaves ..........................................................................................................19
Article21. Uniforms .......................................................................................................20
Article22. Wages ...........................................................................................................20
Article 23. Severability ..................................................................................................21
Article24. Waiver .........................................................................................................21
Article 25. Duration of Agreement .................................................................................22
Appendix A: Wage Scale .......................................................................23-2A
index............................................................................................................25
•
�
ARTICLE 1. DEFINITION OF AGREEMENT
SECTION 1. Parties. This Agreement is entered into between the Board of Education,
Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the
Board of Education, and School Service Employees Local No. 284, S.E.I.U. (certified by
the Director of the Bureau of Mediation Services as the exclusive representative),
hereinafter referred to as Local No. 284, pursuant to and in compliance with the Pubiic
Employment Labor Relations Act of 1971 (PELRA), as amended, to set forth the terms and
conditions of employment.
SECTION 2. Pu �pose . The purpose of this Agreement is to promote orderiy and
constructive relationships between the Board of Education, the employees of this unit, and
Local No. 284.
ARTICLE 2. RECOGNITION
SECTION 1. The Board of Education recognizes Local No. 284 as the certified exciusive
representative for the following unit:
�
All food service personnel in the classifications listed in Appendix A
employed by Independent Schoof District No. 625, who are public
empioyees as defined by PELRA. •
SECTION 2. The Board of Education agrees that so long as Local No. 284 is the
exclusive representative in accordance with the provisions of PELRA 1971 as amended,
and as certified by tfie Bureau of Mediafion Services, State of Minnesota, for ali personnei
defined in Section 1 of this Article, that it will not meet and negotiate with any other labor
or employee organization conceming the terms and conditions of employment for this unit.
•
�'�-�6
ARTICLE 3. CHECK OFF, FAIR SHARE ' � 1
�
�
SECTION 1 . The Employer agrees to deduct the Union membership initiation fee
assessments and once each month dues from the pay of those employees who individuaily
request in writing that such deductions be made. The amounts to be deducted shaii be
certified to the Employer by a representative of the Union and the aggregate deductions of
all employees shali be remitted together with an itemized statement to the representative
by the first of the succeeding month after such deductions are made or as soon thereafter
SECTION 2 . Any present or future employee who is not a Union member shall be
required to contribute a fair share fee tor services rendered by the Union. Upon notification
by the Union, the Employer shall check off said fee from the earnings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed 85%
of the Union membership dues amount. This provision shall remain operative only so long
as specifically provided by Minnesota law.
In the event there is a change in the law permitting the Union to assess an amount in
excess of S5°/a of regular membership dues, the full amount permitted by law may be
assessed by the Union.
SECTION 3. The Union will indemnify, defend, and hold the School District harmiess
against any claims made and against any suits instituted, and any orders or judgments
issued against the School District, their officers or employees, by reason of negligence of
the Union in requesting or receiving deductions under this Article.
ARTICLE 4. MANAGEMENT RIGHTS
SECTION 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 specificaNy limited by this Agreement.
SECTION 2. This Agreement estabfishes the "terms and conditions of employmenY'
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
employmenY' established by Civil Service Rules, Council Ordinance, and Council
Resolution.
�
ARTICLE 5. EMPLOYEE RIGHTS
SECTION 1 . Rights to Views Nothing contained in this Agreement shall be construed to �
limit, impair or affect the right of any empioyee or the employee's representative to the
expression or communication of a view, grievance, compfaint or opinion on any matter
related to the conditions or compensation of public empioyment or its betterment, so long
as the same is not designed to and does not interfere with the full faithful and proper .
performance of the duties of empioyment or circumvent the rights of the exclusive
representative.
SECTION 2 . information The Exclusive Representative shall have access, upon
reasonable notice, to appropriate and availabie financiai information, not deemed
confidenlial, necessary to perform its duties as prescribed by the PELRA.
ARTICLE 6. MAINTENANCE OF STANDARDS
SECTION 1. The Employer agrees that all conditions of employmenf refating fo wages,
work, overtime differentials, vacations, and general working conditions shall be maintained
at not less than the highest minimum standard as set forth in the Civil Service Ftules of the
City of Saint Paul (Resolution No. 3250) and Resoiution No. 6446 at the time of signing of
this Agreement, and the conditions of employment shall be improved wherever specific
provisions for improvement are made elsewhere in this Agreement.
C �
ARTICLE 7. NON-DISCRIMINATION
SECTION 1. Neither the Union nor the Employer shall discriminate against any employee
because of Union membership or non membership, or because of race, color, sex, religion,
national origin or political opinion or a�liations.
C �
�,���
•
ARTICLE 8. HOLIDAYS
SECTION 1. Regular or provisional employees in the bargaining unit shall be granted
holidays off with pay provided they have been compensated for all scheduled hours of their
last scheduled workday before the hoiiday and for their first scheduled workday foilowing the
holiday. The following days are declared to be the holidays:
New Yea�s Day
Martin Luther King Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth �riday in fJovember
December 25
• If one of the above listed holidays falls on a day when school is in session, then the Food
Service Director shall designate another day, when schooi is not in session, as a paid
holiday. AII employees will be expected to work on all days when school is in session,
except when on approved leave.
�
•
L!
ARTICLE 9. SICK LEAVE
SECTION 1. Sick leave shall accumulate at the rete of .0576 of a
fuli hour on the payroll, excluding overtime. Sick leave accumu)atio
eiigibie for sick leave, the employee must report to his/her supervisor
(1/2) hour past his/her reguiar scheduled starting time. The granting
subject to the terms and provisions of this Agreement.
SECTION 2 Specified Allowable Uses of Sick Leave
working hour for each
n is uniimited. To be
no later than one-half
of sick leave shali be
2.1 Any employee who has accumulated sick leave credits as provided above shall be
granted leave with pay, for such period of time as the head of the department
deems necessary, on account of sickness or injury of the employee or quarantine
estabiished and declared by the Bureau of Heaith, and may be granted leave with
pay for such time as is actuaily necessary for office visits to a doctor, dentist,
optometrist, etc., or in the case of sudden sickness or disability of a member of
his/her household, making arrangements for the care of such sick or disabled
persons up to a maximum of eight (8) hours sick leave.
2.2 Sick Chiid Care Leave. An employee who works twelve (12) consecutive months per
year for an average of twenty (20) or more hours per week may use accumulated
personal sick leave credits for absences required to care for the employee's ill chiid.
Sick leave for sick child care shafl be granted on the same terms as the employee is
able to use sick leave for the employee's own illness. This leave shall only be
granted pursuant to Minnesota Statute § 181.9413 and shali remain available so
long as provfded in Statute.
2.3 BereavemenUFamily Iliness/Emergency Leave. Up to forty {40) hours of leave
per year is allowed for serious family illness, emergencies, or bereavement of a
family member, including spouses, parents, children, or a person who is a member
of the household. The days allowed and used shall be deducied from accumulated
sick leave. Additional days may be aliowed at the discretion of the department
head.
2.4 Funeral Leave. Any employee who has accumulated sick leave credits shall be
granted one day of such leave to attend the funeral of the employee's grandparent,
grandchild, aunt, uncle, sister-in-law or brother-in-law.
�
•
•
�-m3�
ARTICLE 10. WORKDAY, WORK WEEK
• This Article is intended only to define the normal hours of work and to provide tfie basis for
the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours
of work per day or per week.
SECTION 1 . Workday and Woric Week The normal workday shali be eight and one-half
(8.5) hours in duration, eight (8) of which are paid. The normal work week is forty (40)-paid
hours, regardless of shift arrangements
SECTION 2 . Rest Sreaks The nortnal workday shall inciude two paid fifteen (15)-minute
rest breaks to be taken as nearly as possible to the midpoint of each four (4) hours of work.
SECTION 3 . Lunch Break A thirty (3D)-minute, duty-free, unpaid funch sha11 be
provided. An employee may extend their lunch hour by fifteen (15) minutes by foregoing
one of the rest breaks, with the approval of their immediate supervisor.
SECTION 4 . Overtime Overtime is to be paid for at the rate of time and one-haif (1-1/2)
for a{I assigned hours worked on the job in excess of forty (40) hours per week, on payroll.
�
•
0
ARTICLE 11. VACATION
SECTION 1.
1.1 Vacation Accrual Vacations shali be eamed by eiigibie empioyees on the basis
of the foflowing formula:
Years of Service
First Five Years
After Five Years
After Ten Years
After Fifteen Years
After Twenty-Five Years
Hours of Vacation
Earned Per Hour
on Payroil
.0539
.0730
0808
0962
.1000
Estimated
Annual Hours
Earned
112
152
168
200
208
Estimated
Annual Days
Earned
14
19
21
25
26
Calculations above are based on 2,080 hours of work and shall be rounded off to the
nearest hour. Years of service means calendars years worked.
1.2 Vacation Carry Over. Upon written notice to the employee's supervisor and upon
the supervisor's written approval, an employee may carry over up to one hundred
sixty (160) hours of accrued, unused vacation time into the next calendar year. Any
accrued, unused vacation time in excess of one hundred sixiy (160) hours wil� be
forfeited at the end of the calendar year in which it is earned.
1.3 Vacation Scheduling. Vacations must be scheduied in advance and are subject to
approval of the employee's supervisor.
SECTION 2 . Sick Leave Conversion Accumulated sick leave in excess of one thousand
four hundred and forry (1,440) hours' may be converted to vacation at the rate of sixteen
(16) hours' sick feave for eight (8) hours' vacation up to a maximum of forty (40) hours'
vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day.
ARTICLE 12. CIVIL SERVICE EXAMINATIONS
SECTION 1 . Notice of Civil Service (Personnel) Examinations shall be posted in the
kifchen in each work location no later than five (5) working days before the closing date for
examination.
ARTICLE 13. LAY-OFF NOTICE
SECTION 1 . Whenever possible, two (2) weeks of notice shall be given any employee laid
off.
•
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7
_ 3�
ARTICLE 14. INSURANCE BENEFITS
• School District No. 625 will contribute toward the premium cost of benefits for eligible
employees.
The Employer will attempt to prevent any changes in the benefits offered by a health
maintenance organizations plan. However, employees selecting coverage offered by a
health maintenance organization agree to accept any changes in be�efits which the
specific health maintenance organization implemenYs.
SECTION 1 ACTIVE EMPLOYEE INSURANCE
Subd. 1. Eligibility Waiting Period Three (3) full months of continuous regularly
appointed service in Independent School District No. 625 wiil be required before an
eligible employee can receive the District's contribution of premium cost for insurance
provided herein.
Subd. 2 . Effective July 1, 1998 the Employer agrees to contribute to the premium cost of
employee hospital and medical coverage up to $190 per month for each fuli-time
employee who is eligible for such coverage, and who selects single coverage; or up to
$350 per month for each ful{-time employee who is eligible for such coverage, and who
selects family coverage.
2.1 Effective January 1, 1999, the Employer agrees to contribute to the premium cost of
empioyee hospital and medical coverage up to $205 per month for each full-time
employee who is eligible for such coverage, and who selects single coverage; or up
• to $375 per month for each full-time employee who is eligible for such coverage,
and who selects family coverage.
2.2 Effective January 1, 2000, the Employer agrees to contribute to the premium cost of
employee hospital and medical coverage up to $215 per month for each full-time
employee who is eligible for such coverage, and who selects singie coverage; or up
to $400 per month for each full-time employee who is eligible for such coverage,
and who selects family coverage.
Subd. 3 Employer Contribution Amount: Married Couples Full-time employees who are
married to another District employee and who are covered under their spouse's health plan
may waive the single or family contribution to health insurance and receive up to $15� per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the fuli cost of family coverage and cannot be applied in cases where the
spouse is receiving health insurance tfirough the D'+stricYs cafeteria benefits plan.
Subd. 4 . Life Insurance The Employer will contribute to the cost of $25,000 life
insurance coverage. The cost to the Employer for life insurance coverage shalf not exceed
;6.32 per month. The life insurance coverage and Employer contribution toward life
insurance premiums terminates at retirement.
�
ARTICLE 14. INSURANCE BENEFfTS (continued)
SECTfON 1 ACTIVE EMPLOYEE INSURANCE (continued}:
Subd. 5 . Denfal Insurance The Employer agrees to contribute up to $26 per month to
the premium cost for a dental plan selected by the Employer, for each employee who is
eiigible for such coverage.
Subd. 6 Contribution Status
6.1 F�il-time Status. Eligible employees regulariy assigned more than six (6} hours
per day will receive the full Employer contribution amount.
6.2 Half-Time Status For eligible employees regularly assigned four (4) fo six (6)
hours work per day, the Employer will contribute up to one-half of the full Employer
contribution amount. This does not apply to the Employer contribution for married
couples in Subd. 3 of this Section.
6.2.1 An employee with full contribution as of January 1, 1990, who is reduced
to half-premium eligibflity hours because of heaifh disabifity or Employer-
initiated hours reduction, shali not be reduced in premium contributions
for twelve (12) calendar months from the date of his/her hours reduction,
so long as he/she remains actively employed at the haif-premium
eligibility level.
.
Subd. 7. Flexibie Spending Account. It is the intent of the Employer to maintain during
the term of this Agreement a plan for medical and child care expense accounts to be •
available to empioyees in this bargaining unit who are eligible for Empioyer-paid premium
contribution for health insurance for such expenses, within the established legal regulations
and IRS requirements for such accounts.
Subd. 8. Any premium costs in excess of the amounts stated above shatl be paid by the
empioyee, by means of payroil deduction.
�
F:]
�
•
•
ARTICLE 14. INSURANCE BENEFITS (continued):
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 1 Benefit Eliqibility for Employees who Retire Before Age 65
�, -
� �_�6 �,
1.1 Empioyees hired into District service before January 1, 1996, must have completed
the foilowing service eligibility requirements with Independent School District No.
625 prior to retirement in order to be eligible for any payment of any insurance
premium contribution by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement
Association or other public employee retiree program at the time of retirement
and have severed the employment relationship with Independent School
District 625;
B.
C.
D.
E.
Must be at least fifty-five (55) years of age and have completed twenty-five
(25) years of service, or;
The combination of their age and their years of service must equal eighty-five
(85) or more, or;
Must have completed at least thirty (30) years of service, or;
Must have completed at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paul will continue to be counted
toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for
1.1 E.
12 Employees hired into District service after January 1, 1996, must have completed
twenty (20) years of service with Independent School District No. 625. Time with
the City of Saint Paul will not be counted toward this twenty (20)-year requirement.
1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent School District No. 625
employee and eligibie for and is enrolled in the Independent School District No.
625 health insurance program, or in any other Empioyer-paid health insurance
program.
1.4
1.5
Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make appiication through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
10
ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued):
Subd. 2. Employer Contribution Levels for Employees Retiring Before Age 65 i
2.1 Health lnsurance Employer Contribution
The District wiil far the period of this Agreement provide employees who meet the
efigibifity requirements for health insurance in 1.1 or 1.2 above, who retire during
the term of this Agreement, and until such employees reach sixty-five (65) years of
age, such health insurance premium contributions up to the same doliar amount as
were made by the District for health insurance for single or family coverage by that
carrier, for an employee under this Agreement, in his/her last month of active
employment. In fhe event new carriers replace those in place at execution of this
Agreement, the dollar amounts being paid for single or family coverage to the
carrier at the employee's date of retirement shail constitute the iimit on future
contributions. Any employee who is receiving tamily coverage premium
contribution at date of retirement may not later claim an increase in the amount of
the Empioyer obligation for single coverage premium contributions to a carrier after
deieting family coverage.
2.2 Life Insurance Employer Contribution
The District wiii provide for early retirees who qualify under the conditions of 1.1 or
12 above, premium contributions for eligible retirees for $5,000 of life insurance
only until their 65th birthday. No life insurance will be provided, or premium
contributions paid, for any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eliqibility for Employees After Age 65 •
3.1 Employees hired into the District before January 1, 1996, who retired before age 65
and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65,
for employer premium contributions for health insurance described in Subd. 4 of
this Articie.
3.2 Empioyees hired into the District before January 1, 1996, who retire at age 65 or
otder must have completed the following service eligibility requirements to receive
District contributions toward post-age-GS heaith insurance premiums:
A. Employees hired before January 1, 1989, must be continuously emp(oyed with
the District.
Empioyees hired on or after January 1, 1989, must have completed at least
twenty (20) years of continuous employment with the District and meet the
remaining requirements in Subd. 1 of this Article.
Years of certified civil service time with the City of Saint Paul earned prior to
January 1, 1996, wiil continue to be counted toward meeting the DistricYs service
requirement of ihis Subd. 3. Civii service time worked with City of Saint Paui after
January 1, 1996, wiil be considered a break in District empioyment.
•
11
.
ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued):
3.3 No employee hired on or after January 1, 1996, shail have or acquire in any way
any efigibility for Employer-paid health insurance premium contribution for
coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired
on or after January 1, 1996, shall be eligible for only early retirement insurance
premium contributions as provided in Subd. 2 and Deferred Compensation match in
Subd. 5.
Subd. 4. Employer Contribution Levels for Emplayees After Age 65
4.1 Employees hired into the District before January 1, 1996, who meet the eligibility
requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium
contributions for a Medicare Suppiement health coverage policy selected by the
District. Premium contributions for such policy wilV not exceed:
Coverage Type
Medicare Eligible
Non-Medicare Eligible
Sin le
$300 per month
$400 per month
Famiiy
$400 per month
$500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions specified must be paid
directly and in full by the retiree, or coverage wili be discontinued.
Subd. 5. Employees hired after January 1, 1996 after compietion of three (3) fuil years of
• consecutive active service in Independent School District No. 625, are eligible to
participate in an employer matched Minnesota Deferred Compensation Ptan. Upon
reaching eligibility, the District will match up to $500 per year of consecutive active
service, up to a cumulative Iifetime maximum of $12,500. Part-time employees working
half-time or more will be eligibie for up to one half (50%) of the availabie District match.
Approved non-compensatory leave shall not be counted in reaching the three (3) full years
of consecutive active service, and shall not be considered a break in service. Time worked
in the City of Saint Paul will not be counted toward this three (3)-year requirement.
�
Federa{ and state rufes governing participation in the Minnesota Deferred Compensation
Plan shall apply. The employee, not the District, is solely responsible for determining
his/her total maximum allowable annual contribution amount under IRS regulations.
The employee must initiate an application to participate through the DistricYs specified
procedures.
12
ARTICLE 15. SEVERANCE PAY
SECTION 1. The Employer shall provide a severance pay program as set forth in this �
Rrticle. Payment of severance pay shall be made within the tax year of the retirement.
SECTION 2 . To be eligible for the severance pay program, the empioyee must meet the
foilowing requirements:
Subd. 1. The employee must be fifty-five (55) years of age or older or must be eligible for
pension under the "Rule of 90° provisions of the Pubiic Employees Retirement Association
(PERA). The "Rule of 85" or the "Rule ot 90" criteria shail also apply to employees covered
by a public pension plan other than PERA.
Subd. 2. The empioyee must be voluntarily separated from Schoof District employment
or have been subject to separation by layoff or compuisory retirement. Those employees
who are discharged for cause, misconduct, inefficiency, incompetency or any other
disciplinary reason are not eligible for this severance pay program.
Subd. 3. The employee must file a waiver of re-employment with the Director oP Human
Resources, which will clearly indicate that by requesting severance pay, the employee
waives all claims to reinstatement or re-empioyment (of any type) with the City of Saint Paul
or with Independent School District No. 625.
SECTION 3. If an employee requests severance pay and if the employee meets the
eligibility requirements set fofth above, he or she will be granted severance pay in an
amount equal to $50 pay for each day of accrued, unused sick leave, up to 300 days. .
SECTION 4. The maximum amount of money that any employee may obtain through this
severance pay program is $15,000.
SECTION 5. For the purpose of this severance pay program, a death of an employee
shall be considered as separation of employment and, if the employee would have met all
of the requirements set forth above at the time of his or her death, payment of the
severance pay may be made to the employee's estate or spouse.
SECTtON 6. For the purpose of this severance pay program, a transfer from Independent
School District No. 625 empioyment to City of Saint Paul employment is not considered a
separation of employment, a�d such transferee shall not be eligible for this severance
program.
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ARTICLE 16. WORKING CONDITIONS
SECTION 1 . Emerqency Ciosings If it becomes necessary or desirable to close a school
as a result of an emergency, the effort shall be made to notify employees not to come to
work. Employees not notified who report for work shall be granted two (2) hours' pay at their
regular rate.
SECTION 2 . Workshops Employees in the Food Service program required by the Food
Service Director to attend Food Service workshops shall be reimbursed for the tuition of the
workshop and will be paid the normal hourly rate for the time spent in the workshop.
SECTION 3. Mileage. �Nhen an employee is authorized by the proper supervisor to use
his or her personal vehicle in the interest of the Employer, mileage reimbursement will be
paid at 31¢ per mile or the current School District rate whichever is greater, and by the
approval of the Food Service Director.
SECTION 4 . Workinq Out Of Ciassification Employer shail avoid, whenever possible,
working an empfoyee on an out-of-class assignment for a prolonged period of time. Any
employee working an out-of-ciass assignment for a period in excess of fifteen (15) working
days during any fiscal year of employment shali receive the rate of pay for the out-of-class
assignment in a higher ciassification not later than the sixteenth (16) day of such
assignment. For purposes of this Article, an out-of-ciass assignment is defined as the full-
time pertorma�ce of all of the significant duties and responsibilities of a classification by an
individual in another classification. For the purposes of this Article, the rate of pay for an
out-ot-class assignment sha�l be the same rate the employee would receive if he/she were
promoted to the higher classification.
SECT{ON 5 . Work In Advance Of School Year ln the event that a manager is required to
work in advance of the beginning of the school/work year in arranging the workforce, the
manager wili make the arrangements from a Schooi District faciiity as assigned, and will be
paid the regular contract rates for the assigned duty time.
SECTION 6 Saint Paul Food Manager's Certification The parties recognize and
acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding
a position covered by this Agreement. This Certification or a State of Minnesota
Certification will 6e required if the regulation changes. The test or tests for certification will
be taken on the employee's own time.
14
ARTICLE 17. COURT DUTY LEAVE
SECTION 1. Any empioyee who is required to appear in court as a juror or as a
subpoenaed wifiess shail be paid his/her regular pay while so engaged, unless the court
duty is the result of litigation undertaken by the employee or the Union against the
Employer. Any fees that the empioyee shall receive from the court for such service shall be
paid to the Employer. Any employee who is scheduled to work a shift other than the normal
daytime shift, shall be rescheduled to work the normai daytime shift during such time as
he/she is required to appear in court as a juror or witness.
ARTICLE 18. DISCIPLINE AND DISCHARGE
SECTION 1. The Employer shall have the right to impose disciplinary actions on
empioyees for just cause.
SECTION 2.
actions:
2.
3.
4.
5.
Disciplinary actions by the Employer shall include only the foliowing
Oral reprimand;
Written reprimand;
Suspension;
Demotion;
Discharge.
SECTION 3. Empioyees who are suspended, demoted or discharged shall have the right
to request that such acttons be reviewed through the grievance procedure provided in
Article 20 of this Agreement, including arbitration. This contract grievance procedure shall
be the normal process for such review.
SECTION 4. Preliminary Review. Prior to issuing a disciplinary action of unpaid
suspension demotion, or discharge, the supervisor will make a recommendation to his/her
supervisor regarding proposed discipline. That supervisor will then meet with the employee
prior to making a final determination of the proposed discipiine. The employee shall have
the opportunity to have union representation present and be provided the opportunity to
speak on his/her behalf regarding the proposed action. If the empioyee is unable to meet
with Yhe supervisor, the employee and/or union will be given the opportunity to respond in
writing.
.
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ARTICLE 19. GRIEVANCE PROCEDURE
• SEGTION 1. This grievance procedure is established to resolve any specific dispute
between the employee and the School District concecning, and limited to, the
interpretation or application of the provisions of this Agreement.
SECTION 2. An employee presenting a grievance may elect to be represented by an
appropriate Union representative. At Step 1 or Step 2 af the grievance procedure, the
employee may choose to present his/her grievance without being represented by a Union
representative, provided however, that the Union representative shall be notified of the
adjustment or settlement of any Step 2 grievance and provided further that any adjustment
or settlement shall not be inconsistent with the terms of the Agreement.
SEGTION 3 . It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during normal
working hours when consistent with such employees' duties and responsibilities. The
aggrieved employee and a Union representative shali be aliowed a reasonable amount of
time without loss of pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the employee and the Union representative have
notified and received the approval of the designated supervisor and provided that such
absence is reasonable and would not be detrimental to the work programs of the Employer.
It is understood that the Employer shall not use the above limitat+on to hamper the
processing of grievances.
• SECTION 4. A grievance shall be resolved in the following manner:
Subd. 1. Step 1. Any employee claiming a specific disagreement concerning the
interpretation or appiication of the provisions of this Agreement shall, within twenty (20)
working days of its first occurrence or within ten (10) working days of the time the employee
reasonabiy should have had knowledge of the occurrence, whichever is later, discuss the
complaint orally with the Director of School Food Service (or other representative
designated by the Superintendent). The Director of School Food Service (or
SuperintendehYs representative) shall attempt to adjust the complaint at that time.
Subd. 2. Step 2. If the grievance is not resolved through oral discussion and concluded
within five (5) working days, the employee may appeal the grievance to Step 2 by placing
the grievance in writing, setting forth the nature of the grievance, the facts on which it is
based, the provisions of the Agreement allegedly violated, and the remedy requested. This
written statement shall be presented to the Director of School Food Service for formal
discussion and written response. The formal discussion of the grievance shail be within ten
(10) working days of the receipt of the written grievance by the Director of School Food
Service. A reply shaH be given to the empfoyee and the Union in writing within ten {10)
days following the formal discussion. If the employee is not satisfied with the findings on
Step 2, the grievance may be appealed to Step 3.
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ARTICLE 19, GRIEVANCE PROCEDURE (continued)
Subd. 3. Step 3. A grievance not resolved in Step 2 and appealed to Step 3 shall be �
placed in writing setting forth the nature of the grievance, the facts on which it is aased, the
provision or provisions of the Agreement allegedly vioiated, the remedy requested, and
shall be appealed to Step 3 by the employee and the Union within fifteen (15) working days
after the Employer-designated representative's final answer in Step 2. Any grievance not ,
appealed in writing to Step 3 by the employee and the Union within fifteen (15) working
days shall be considered waived.
If appealed, the written grievance shali be presented by the employee and the Union and
discussed with the Superintende�t of Schoois or designated representative, wiYhin ten (10)
working days after receipt of the written grievance. The Employer-designated
representative shail give the Union the Employer's Step 3 answer in writing w[thin ten (10)
working days following the presentation and discussion of the matter.
If the employee is not satisfied with the findings on Step 3, the Union may request
arbitration within ten (10) working days after receipt of the Employers reply on Step 3.
Subd. 4. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the
Union shall be submitted to arbitration subject to the provisions of the Public Employment
Labor Relations Act of 1971 as amended. If a mutualiy-acceptable arbitrator cannot be
agreed upon, the selection of an arbitrator shall be made in accordance with the
procedures of the Minnesota Bureau of Mediation Services.
SECTION 5 . The arbitrator shall have no right to amend, modify, nuilify or ignore the
terms and conditions of this Agreement. The arbitrator shall consider and decide only the �
specific issue(s) submitted in writing by the Empioyer and the Union, and shail have no
authority to make decisions 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, copies to
both parties and the Bureau of Mediation Services within thirty (30) days following the close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be binding on both the Employer and the
Union and shall be based solety on the arbitrator's interpretation or application of the
express terms of this Agreement and to the facts of the grievance presented.
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ARTICLE 21. UNIFORMS
• SECTION 1. Employees will be provided three (3) new uniforms per school year by the
Employer. Selection of uniforms is the Employer's option.
Subd. 1. The Employer wif{ provide three (3) uniforms at staR-up for new employees.
Subd. 2. An employee who has received uniforms and then terminates employment for
any reason after less than six (6) full months of active empfoyment, is obligated to return the
uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs
will be deducted from the final paycheck of the terminating employee.
ARTICLE 22. WAGES
SECTION 1 . Wage Rates See wage rates described in Appendix A.
SECTION 2 . Initial Step Placement Initial step placement when an employee is
origina{ly hired, moves from another unit into a title covered by this Agreement or from one
title covered by this Agreement to a different title under this Agreement, shall be governed
by Civil Service Rules.
SECTION 3 . Salary Step Progression Progression through the steps of a salary range
in this contract will be based on the following conditions:
Subd. 1. Employees must have received an overall rating of "satisfactory" on their most
recent performance evaluation to receive any salary step advancement.
• Subd. 2. Step movement will be effective on the first day of the first pay period following
the employee's anniversary date in the employees current job title. The employee shall be
eligible for step movement in Steps 1-5 provided the employee has worked at least 1,000
hours in the previous year prior to that anniversary date.
Subd. 3. The employee shall be eligible for step movement in Steps 6-9 every two (2)
years provided the employee has worked at least 1,000 hours in the previous year. However,
an employee who has completed years of service greater than or equal to the years of
service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2
until the empioyee's years of service completed match the years of service required for the
step.
Employees appointed to a position in the bargaining unit on or after January 1, 1995, once
placed on the salary schedute, wil! advance thereafter from step to step based on
accumulation of the appropriate number of hours between the steps as detailed above and
without reference to any prior employment in the District.
SECTION 4 . Pay Equity Compliance Option During the term of this Agreement, the
Board may at its discretion unilaterally increase the pay rates provided in Appendix A in an
effort to achieve compliance with the requirements of the Minnesota Pay Equity Act. Ten
(10) days of notice to the Union will be provided prior to taking such action.
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ARTICLE 23. SEVERABILITY
In the event that any provision(s) of this Agreement is declared to be contrary to law by •
proper Iegislative, administrative or judicial authority from whose finding, determination or
decree no appeal is taken, such provision(s) shall be voided. Ali other provision shall
continue in full force and effect.
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 judicial
determination.
ARTICLE 24. WAIVER
The Employer and the Union for the duration of this Agreement agree that the other party
shail not be obligated to meet and negotiate over any term or condition of employment
whether specificaliy covered or not specificaNy covered by this Agreement. The Union and
Employer may, however, mutually agree to modify any provision of this Agreement.
Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are here6y superseded.
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ARTICLE 19. GRIEVANCE PROCEDURE (continued)
• The fees and expenses for the arbitrators services and proceedings shall be bome equally
by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
. record. If both parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
If a grievance is not presented within the time limits set forth above, it shall be considered
waived. 1f a grievance is not appealed to the next step within the specified time limit or
any extension thereof, it shall be considered settled on the basis of the Employer's iast
answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to process the grievance to the next step. 7he
time limit in each step may be extended by mutual written agreement of the Employer and
the Union in each step.
SECTION 6 Election of Remedies and Waiver A party instituting any action,
proceeding or complaint in a federal or state court of law, or before an administrative
tribunal, federal agency, state agency, or seeking relief through any statutory process for
which relief may be granted, the subject matter of which may constitute a grievance under
this Agreement, shall immediately thereupon waive any and ail rights to pursue a grievance
under this Article. Upon instituting a proceeding in another form as outlined herein, the
employee shall waive his/her right to initiate a grievance pursuant to this Article, or, if the
grievance is pending in the grievance procedure, the right to pursue it further shall be
immediately waived. This Section shall not apply to actions to compei arbitration as
• provided in this Agreement or to enforce the award of an arbitrator.
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ARTICLE 20. LEAVES
SECTION 1 . Long-Term Leaues Without Pay Leaves of absence may be requested and �
are subject to approval of the department head. The Food Service Director wiil reply to
such requests within fiReen (15) calendar days after they are received in the Food Service
Office. A list of typical leaves is provided below. This list does not cover ali possible
reasons.
• Physical or mentai incapacity of the employee to perform their work efficiently,
where the granting of a leave will permit the employee to receive treatment
enabling them to return to School District service;
. Election or appointment of a full-time, paid position in an organization or union
whose members consist largely or exciusively of empioyees of the Schooi
District;
. Education or training relating to the empioyee's regular duties or to prepare the
employee for advancement;
. Election of the employee to a School District position;
• Appointment of the employee to an unclassified Schooi District position;
• Disability or injury received in the performance of duty not due to the
negiigence of the employee for the period the employee is receiving
compensation payments from the School District for temporary partiai disability
or temporary total disability;
. Parental leave upon the request of the empioyee.
Employees returning from leave will be piaced in the next available vacancy in their job
title.
SECTION 2 . Short-Term Leaves Without Pay Short-term special leaves without pay, not •
to exceed two (2) weeks in duration, may be requested and wilt be considered by the
Employer subject to the operational needs of the Employer and the ability to secure
substitute help to satisfactorily maintain the particular assignment of the employee
involved.
Subd. 1. Applications for such leaves must be submitted in writing to the Food Service
Director at least forty-five (45) calendar days prior to the proposed start of the leave without
pay and shall include the proposed period of the leave and purpose for leave.
Subd. 2 . Effective April 1, 1979, the Director of Food Service shall notify the employee
requesting ieave no less than thirty (30) calendar days prior to the proposed leave date,
whether the leave is to be granted or denied, except that, if a leave is requested to
immediately follow a one-week or two-week school vacation, the thirty (30) days' notice
shall occur thirty (30) days before the beginning of such vacation period, providing the
request was received at least fifteen (15) days earlier.
SECTION 3 . Family and Medical Leave Leaves of absence shall be granted as required
under the federal law known as the Family Medical Leave Act (FMLA) so long as it remains
in force. The Human Resource Department provides procedures.
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ARTICLE 25. DURATION OF AGREEMENT
This Agreement shaii be in full force and effect from July 1, 1998 through June 30, 2000,
and shail automatically be continued from year to year thereafter, unless a new agreement
is devefoped in accordance with the provisions of the Pubiic Employment Labor Relations
Act of 1971, as amended. Intent to negotiate a new agreement shall be indicated by either
party providing written notice thereof at ieast ninety (90) days prior to the termination date
set forth herein.
COOK MANAGERS AGREEMENT
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This Agreement is by and between Independent School District No. 625 and School
Service Employees Local No. 284, S.E.I.U., AFL-C10, on behatf of Cook Managers.
In full settlemant of these negotiations between the herein parties, the parties have adopted
this Agreement, which is attached hereto and made a part hereof.
It is understood that this settlement shall be subject to approval and adoption by the Board
of Education of I�dependent School District No. 625 as well as ratification by the Union.
INDEPENDENT SCHOOL DISTRICT NO.
625
SCHOOL RVICE EMPIOYEES
LOCAL 284;S.E.I.U., AFL-CIO
i9 :�Z ,s :G`� '��%��''/"�/
U �/i/9�
Date
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Date
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Assistant Manager
APPENDIX A: COOK MANAGER EMPLOYEES TITLES AND SALARIES
INDEPENDENT SCHOOL DlSTRlCT NO. 625 �
Effective: July 4, 1998
S7EP 1 2 3 4 5 6 7 8 9
START 1 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR e YEAR 10 VEAR 12 YEAR
Titles
Control
Production
S�rvisor 'I05478 1096.92 1140.73 178627 1233.67 1264.48 '1,29528 1359.97 1,489.34
Catering
Coortiinator 1,097.91 1,140.04 1,183.86 'I,729.4� 1,276.80 1,307.fi0 1.338.41 1,403.09 1.533.32
Schaol
WrMh
Coordinator t.t24.86 1,166.99 '12t0.90 t256.36 1,303.76 1,334.56 t,365.36 1.430.04 1,560.8'1
Effective: July 3, 1999
SiEP 1 2 3 4 5 6 7 8 9
START 7 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR
Titles •
Quality ConVol
Ascictant 1 d55A5 1 058.0'I 1141 R7 7.18750 1 234.92 1 26575 1296.59 1361.36 1.496.90
Production
SuPervisor 1081.15 1124.34 116925 1,215.93 1,264.51 1296.09 1.327.67 1.393.97 1,534.02
Catenng
Coordinator 1,125.36 1.168.54 7,213.45 1,260.14 1.308.72 1.34029 1.371.87 1,438.17 1,579.32
School
W ndi
CooNinator 1.152.98 1.196.17 1,241.07 t.287.77 1,336.35 1,367.93 1.399.50 1.465.79 1,607.64
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APPENDIX A (continued)
When a regularly (civil service) certified and appointed employee shail have completed the
credit hours required for Level 3 of the Minnesota Professionai Development Plan for School
Food and Nutrition and shall have received such certification, that employee shall become
eligible for an additionai $0.25 (twenty-five cents) per hour premium over and above his/her
normal biweekly rate of pay for all hours on the payroll so fong as the employee maintains a
current Level 3 certification. Payment of the $0.25 (twenty-five cents) per hour premium shall
become effective within thirty (30) days after the employee has presented to the Director of
Food Service of the Saint Paul Public Schools evidence in writing of his/her completed
Level 3 certification. Employees must maintain current Level 3 certification and show
evidence of the renewed certification to be eligible for continuation of the premium.
LEAD FOOD PRODUCTION SUPERVISOR PREMIUM
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When a regularly certified and appointed Food Production Supervisor is assigned the duty of
Lead Food Production Supervisor, the employee shall be paid an additional $.50 (fifty cents)
per hour over and above his/her normal hourly rate of pay for the hours worked on each
workday assigned in the Lead person function. This duty shali be assigned or discontinued at
the sole discretion of the Director of School Food Service. Only a regularly appointed Food
Production Supervisor is eligible for the premium, when properly assigned.
At any time when the Director of Food Service pians to assign this
employee in the Food Production Supervisor title for more then thirty
employees working in that title will be notified and have an opportunity
the duty.
Lead function to an
(30) working days, ail
to express interest i n
24
INDEX
e
Bereavement Leave ................................5
C
Certification Premium ...........................23
Chiid Care Sick Leave .............................5
CoUrtDuty .............................................15
D
Dental I nsurance .....................................9
Discharge ..............................................15
Discipline ..............................................15
E
Emergency Closings ..............................14
Emergency Leave ...................................5
Employee Rights .....................................3
F
Fair Share ...............................................2
Family and Medical Leave ...................19
Family Iliness Leave ................................5
Flexible Spending Account ....................9
FuneralLeave .........................................5
G
Grievance Procedure ............................16
H
Holidays..................................................4
I
Insurance Benefits ...................................8
L
Lay-Off ....................................................7
Life Insurance .........................................8
Long-Term Leaves Without Pay............19
Lunch Break ............................................6
M
Management Rights ...............................2
Mileage .................................................14
O
Overtime.................................................6
R
Rest Breaks ..............................................6
Retirement Health Insurance .................10
S
Saint Paul Food Manager's
Certification .......................................14
Salary Step Progression ........................20
Severance Pay ......................................13
Short-Term Leaves Without Pay............19
Sick Leave .. .........................................5
Sick Leave Conversion ............................7
Supervisor Premium ..............................24
U
Un iforms ............................................... 2 0
Unian membership .................................2
V
Vacation.................................................7
W
Wage Rates ...........................................20
Work In Advance of Schoot Year...........14
WorkWeek ...............................................6
Workday...................................................6
Working Out of Ciassification .................14
Workshops..............................................14
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Council File # qq -3G
ORIGINA�
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Green Sheet # 62424
m
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 July 1, 1998 through June 30, 2000 Employment Agreement between the Independent School District
No. 625, Saint Paul Public Schools, and School Service Employees Local #284, Exclusive Representative
for Cook Managers.
Requested by Deparhnent oE
Office of Labor Relations
B
Form Approved by C� Attomey
BY� �� � '�C � �i `� l�Q
for
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Approved by Ma� or� D � Z3 �'
By: � (J%I�i�/�1 `C�J
Adopted by Council: Date �- L� `�`�
i
Adoption Certified by Council cretary
4q .3L
DEPARTMENT/OFFICF,1COlSNCII.: DATE INiTTATED GREEN SHEET xo .: 62424 ���
LABOR RELATIONS 12/28/98 �
CONTACI' PERSON & PHONE: � INI17ALnq7'E pVII7pGppTE
JIJLIE KRAUS 266-6513 ,��N 1 DEPARTMENP DIR. � a crrrcouricn.
NpMgElt 2 CITY ATIORNEY � CITY C[,gRK
Mi7Sf BE ON COUNCII, AGENDA BY (DATE) FOR BUD('EC DIR FIN. & MGT. SERVICE DIR
ROUTING 3 MAYOR (OR ASST.) �1
ORDER v �
TOTAL {I OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNAI'[7RE)
ncriox xeQVESrsn: This resolution approves the attached July 1, 1998 through June 30, 2000 Employment
Agreement between Independent School District No. 625, Saint Paul Public Schools, and School Service
Employees Local #284, Exclusive Representative for Cook Managers.
RECQMtv�NDATIONS: Approve (A) oc Reject (A) PERSONAL SERYSCE CONIILACIS MUST ANSWER TIiE FOLIAWING
QUESITONS:
PLANN[NG COM[vIISSION _CIVIL SERVICE COMIvIISSION 1. Has tLis persoNfilm ever worked under a contract for this departrnent?
_CIB COMI�9TTEE Yes No
STAFF 2. Ras this persoNfvm ever been a city emptoyee?
_DISTRIC'f COURT Yes No
SUPPORTS WHICH COL7NCIL OBJECfIVE? 3. Does this persoNfirm possess a skill not normally possessed by any current ciry employee?
Yes No
Ezptaio all yes aoswers on separate s6eet and attach to green sbeet
iMTIATING PROBLEM, ISSUE (W6o, What, When, Whue, Wdy):
ADVANTAGESIFAPPROVED: �s=r'�,:.^:F:2 €.i;�.is%c:�ii���a s...'.;e`;tc�,r
This resolution pertains to Board of Education employees only.
�n�`����'
��.� �; � ,�r�
DLSADVANTAGES IF APPROVED:
DISADVANTAGES IF NOT APPROVED:
TOTAL AMOUNT OF TRANSACfION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL IlVFORMATTON: (EXPLAIiV) ¢iEC EIV�D
A
MAYOR'S OFFlCE
INDEPENDENT SCHOOL DISTRICT NO. 625 ��' �`
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: September 22, 1998
TOPIC: Approval of Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schoo{s, and School Service Emp{oyees, Local
No. 284, Exclusive Representative for Cook Managers
A. PERTWENT FACTS:
1. New Agreement is for a two-year period from July 1, 1998 through June 30, 2000.
2. Contract changes are as follows:
• Wa es: Effective July 4, 1998: The salary schedule will be increased by 2.5%. The $30
annual stipend for Saint Paul Food Manageris Certification will be eliminated and replaced
by an additional 2¢ per hour on the salary schedule. The premium payment for
completion of the Level 3 Minnesota Professional Development Plan for School Food
Service and Nutrition will be increased from 10¢ to 25¢ per hour.
Effective July 3, 1999: The salary schedule will be increased by 2.5%.
An additional pay equity adjustment of .5% is added to the top step in each year of the
contract.
• Insurance: Increase the insurance premium contributions by the District from the current
insurance caps of $190 for single coverage and $350 for family coverage as follows:
Sfnaie Familv
Effective January 1, 1999 $205.00 $375.00
Effective January 1, 2000 $215.00 $400.00
Effective January 1, 1999, employees who are married to another District employee and
who are covered under their spouseis health plan may waive the single or family
contribution to health insurance and receive up to $150 per month toward their spouseis
family premium.
• Severance Pav: Employees who retire and meet eligibility requirements will receive $50
per day for unused, accumulated sick leave up to a mauimum of $15,000. This replaces
all previous severance pay plans.
3. The District has 12 regular employees in this bargaining unit.
4. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Richard Kreyer, Negotiations/Labor Relations Manager; and Lois M. Rockney, Interim
Executive Director, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education oE 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 School Service Employees, Local No. 284, is the exclusive representative;
duration of said Agreement is for the period of July 1, 1998 through June 30, 2000.
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•
ARTICLE TITLE
TABLE OF CONTENTS
PAGE
Article 1. Definition of Agreement .................................................................................1
' Article 2. Recognition ....................................................................................................1
Article 3. Check Off, Fair Share ....................................................................................2
. Article 4. Management Rights .......................................................................................2
Asticle 5. Employee Rights ............................................................................................3
Article 6. Maintenance of Standards .............................................................................3
Articie 7. Non-Discrimination ........................................................ ..............................3
Article8. Holidays ..........................................................................................................4
Article9. Sick Leave ......................................................................................................5
Articie 10. Workday, Work Week .......................................................................................5
Article11. Vacation .........................................................................................................7
Article � 2. Civif Service Examinations .............................................................................7
Article13. Lay-Off Notice ................................................................................................7
Article 14. Insurance Benefits ..........................................................................................8
Article 15. Severance Pay .............................................................................................13
• Article 16. Working Conditions .......................................................................................14
Article 17. CouR Duty Leave ..........................................................................................15
Article 18. Discipline and Discharge ..............................................................................15
Article 19. Grievance Procedure ...................................................................................16
Article20. Leaves ..........................................................................................................19
Article21. Uniforms .......................................................................................................20
Article22. Wages ...........................................................................................................20
Article 23. Severability ..................................................................................................21
Article24. Waiver .........................................................................................................21
Article 25. Duration of Agreement .................................................................................22
Appendix A: Wage Scale .......................................................................23-2A
index............................................................................................................25
•
�
ARTICLE 1. DEFINITION OF AGREEMENT
SECTION 1. Parties. This Agreement is entered into between the Board of Education,
Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the
Board of Education, and School Service Employees Local No. 284, S.E.I.U. (certified by
the Director of the Bureau of Mediation Services as the exclusive representative),
hereinafter referred to as Local No. 284, pursuant to and in compliance with the Pubiic
Employment Labor Relations Act of 1971 (PELRA), as amended, to set forth the terms and
conditions of employment.
SECTION 2. Pu �pose . The purpose of this Agreement is to promote orderiy and
constructive relationships between the Board of Education, the employees of this unit, and
Local No. 284.
ARTICLE 2. RECOGNITION
SECTION 1. The Board of Education recognizes Local No. 284 as the certified exciusive
representative for the following unit:
�
All food service personnel in the classifications listed in Appendix A
employed by Independent Schoof District No. 625, who are public
empioyees as defined by PELRA. •
SECTION 2. The Board of Education agrees that so long as Local No. 284 is the
exclusive representative in accordance with the provisions of PELRA 1971 as amended,
and as certified by tfie Bureau of Mediafion Services, State of Minnesota, for ali personnei
defined in Section 1 of this Article, that it will not meet and negotiate with any other labor
or employee organization conceming the terms and conditions of employment for this unit.
•
�'�-�6
ARTICLE 3. CHECK OFF, FAIR SHARE ' � 1
�
�
SECTION 1 . The Employer agrees to deduct the Union membership initiation fee
assessments and once each month dues from the pay of those employees who individuaily
request in writing that such deductions be made. The amounts to be deducted shaii be
certified to the Employer by a representative of the Union and the aggregate deductions of
all employees shali be remitted together with an itemized statement to the representative
by the first of the succeeding month after such deductions are made or as soon thereafter
SECTION 2 . Any present or future employee who is not a Union member shall be
required to contribute a fair share fee tor services rendered by the Union. Upon notification
by the Union, the Employer shall check off said fee from the earnings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed 85%
of the Union membership dues amount. This provision shall remain operative only so long
as specifically provided by Minnesota law.
In the event there is a change in the law permitting the Union to assess an amount in
excess of S5°/a of regular membership dues, the full amount permitted by law may be
assessed by the Union.
SECTION 3. The Union will indemnify, defend, and hold the School District harmiess
against any claims made and against any suits instituted, and any orders or judgments
issued against the School District, their officers or employees, by reason of negligence of
the Union in requesting or receiving deductions under this Article.
ARTICLE 4. MANAGEMENT RIGHTS
SECTION 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 specificaNy limited by this Agreement.
SECTION 2. This Agreement estabfishes the "terms and conditions of employmenY'
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
employmenY' established by Civil Service Rules, Council Ordinance, and Council
Resolution.
�
ARTICLE 5. EMPLOYEE RIGHTS
SECTION 1 . Rights to Views Nothing contained in this Agreement shall be construed to �
limit, impair or affect the right of any empioyee or the employee's representative to the
expression or communication of a view, grievance, compfaint or opinion on any matter
related to the conditions or compensation of public empioyment or its betterment, so long
as the same is not designed to and does not interfere with the full faithful and proper .
performance of the duties of empioyment or circumvent the rights of the exclusive
representative.
SECTION 2 . information The Exclusive Representative shall have access, upon
reasonable notice, to appropriate and availabie financiai information, not deemed
confidenlial, necessary to perform its duties as prescribed by the PELRA.
ARTICLE 6. MAINTENANCE OF STANDARDS
SECTION 1. The Employer agrees that all conditions of employmenf refating fo wages,
work, overtime differentials, vacations, and general working conditions shall be maintained
at not less than the highest minimum standard as set forth in the Civil Service Ftules of the
City of Saint Paul (Resolution No. 3250) and Resoiution No. 6446 at the time of signing of
this Agreement, and the conditions of employment shall be improved wherever specific
provisions for improvement are made elsewhere in this Agreement.
C �
ARTICLE 7. NON-DISCRIMINATION
SECTION 1. Neither the Union nor the Employer shall discriminate against any employee
because of Union membership or non membership, or because of race, color, sex, religion,
national origin or political opinion or a�liations.
C �
�,���
•
ARTICLE 8. HOLIDAYS
SECTION 1. Regular or provisional employees in the bargaining unit shall be granted
holidays off with pay provided they have been compensated for all scheduled hours of their
last scheduled workday before the hoiiday and for their first scheduled workday foilowing the
holiday. The following days are declared to be the holidays:
New Yea�s Day
Martin Luther King Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth �riday in fJovember
December 25
• If one of the above listed holidays falls on a day when school is in session, then the Food
Service Director shall designate another day, when schooi is not in session, as a paid
holiday. AII employees will be expected to work on all days when school is in session,
except when on approved leave.
�
•
L!
ARTICLE 9. SICK LEAVE
SECTION 1. Sick leave shall accumulate at the rete of .0576 of a
fuli hour on the payroll, excluding overtime. Sick leave accumu)atio
eiigibie for sick leave, the employee must report to his/her supervisor
(1/2) hour past his/her reguiar scheduled starting time. The granting
subject to the terms and provisions of this Agreement.
SECTION 2 Specified Allowable Uses of Sick Leave
working hour for each
n is uniimited. To be
no later than one-half
of sick leave shali be
2.1 Any employee who has accumulated sick leave credits as provided above shall be
granted leave with pay, for such period of time as the head of the department
deems necessary, on account of sickness or injury of the employee or quarantine
estabiished and declared by the Bureau of Heaith, and may be granted leave with
pay for such time as is actuaily necessary for office visits to a doctor, dentist,
optometrist, etc., or in the case of sudden sickness or disability of a member of
his/her household, making arrangements for the care of such sick or disabled
persons up to a maximum of eight (8) hours sick leave.
2.2 Sick Chiid Care Leave. An employee who works twelve (12) consecutive months per
year for an average of twenty (20) or more hours per week may use accumulated
personal sick leave credits for absences required to care for the employee's ill chiid.
Sick leave for sick child care shafl be granted on the same terms as the employee is
able to use sick leave for the employee's own illness. This leave shall only be
granted pursuant to Minnesota Statute § 181.9413 and shali remain available so
long as provfded in Statute.
2.3 BereavemenUFamily Iliness/Emergency Leave. Up to forty {40) hours of leave
per year is allowed for serious family illness, emergencies, or bereavement of a
family member, including spouses, parents, children, or a person who is a member
of the household. The days allowed and used shall be deducied from accumulated
sick leave. Additional days may be aliowed at the discretion of the department
head.
2.4 Funeral Leave. Any employee who has accumulated sick leave credits shall be
granted one day of such leave to attend the funeral of the employee's grandparent,
grandchild, aunt, uncle, sister-in-law or brother-in-law.
�
•
•
�-m3�
ARTICLE 10. WORKDAY, WORK WEEK
• This Article is intended only to define the normal hours of work and to provide tfie basis for
the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours
of work per day or per week.
SECTION 1 . Workday and Woric Week The normal workday shali be eight and one-half
(8.5) hours in duration, eight (8) of which are paid. The normal work week is forty (40)-paid
hours, regardless of shift arrangements
SECTION 2 . Rest Sreaks The nortnal workday shall inciude two paid fifteen (15)-minute
rest breaks to be taken as nearly as possible to the midpoint of each four (4) hours of work.
SECTION 3 . Lunch Break A thirty (3D)-minute, duty-free, unpaid funch sha11 be
provided. An employee may extend their lunch hour by fifteen (15) minutes by foregoing
one of the rest breaks, with the approval of their immediate supervisor.
SECTION 4 . Overtime Overtime is to be paid for at the rate of time and one-haif (1-1/2)
for a{I assigned hours worked on the job in excess of forty (40) hours per week, on payroll.
�
•
0
ARTICLE 11. VACATION
SECTION 1.
1.1 Vacation Accrual Vacations shali be eamed by eiigibie empioyees on the basis
of the foflowing formula:
Years of Service
First Five Years
After Five Years
After Ten Years
After Fifteen Years
After Twenty-Five Years
Hours of Vacation
Earned Per Hour
on Payroil
.0539
.0730
0808
0962
.1000
Estimated
Annual Hours
Earned
112
152
168
200
208
Estimated
Annual Days
Earned
14
19
21
25
26
Calculations above are based on 2,080 hours of work and shall be rounded off to the
nearest hour. Years of service means calendars years worked.
1.2 Vacation Carry Over. Upon written notice to the employee's supervisor and upon
the supervisor's written approval, an employee may carry over up to one hundred
sixty (160) hours of accrued, unused vacation time into the next calendar year. Any
accrued, unused vacation time in excess of one hundred sixiy (160) hours wil� be
forfeited at the end of the calendar year in which it is earned.
1.3 Vacation Scheduling. Vacations must be scheduied in advance and are subject to
approval of the employee's supervisor.
SECTION 2 . Sick Leave Conversion Accumulated sick leave in excess of one thousand
four hundred and forry (1,440) hours' may be converted to vacation at the rate of sixteen
(16) hours' sick feave for eight (8) hours' vacation up to a maximum of forty (40) hours'
vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day.
ARTICLE 12. CIVIL SERVICE EXAMINATIONS
SECTION 1 . Notice of Civil Service (Personnel) Examinations shall be posted in the
kifchen in each work location no later than five (5) working days before the closing date for
examination.
ARTICLE 13. LAY-OFF NOTICE
SECTION 1 . Whenever possible, two (2) weeks of notice shall be given any employee laid
off.
•
�
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7
_ 3�
ARTICLE 14. INSURANCE BENEFITS
• School District No. 625 will contribute toward the premium cost of benefits for eligible
employees.
The Employer will attempt to prevent any changes in the benefits offered by a health
maintenance organizations plan. However, employees selecting coverage offered by a
health maintenance organization agree to accept any changes in be�efits which the
specific health maintenance organization implemenYs.
SECTION 1 ACTIVE EMPLOYEE INSURANCE
Subd. 1. Eligibility Waiting Period Three (3) full months of continuous regularly
appointed service in Independent School District No. 625 wiil be required before an
eligible employee can receive the District's contribution of premium cost for insurance
provided herein.
Subd. 2 . Effective July 1, 1998 the Employer agrees to contribute to the premium cost of
employee hospital and medical coverage up to $190 per month for each fuli-time
employee who is eligible for such coverage, and who selects single coverage; or up to
$350 per month for each ful{-time employee who is eligible for such coverage, and who
selects family coverage.
2.1 Effective January 1, 1999, the Employer agrees to contribute to the premium cost of
empioyee hospital and medical coverage up to $205 per month for each full-time
employee who is eligible for such coverage, and who selects single coverage; or up
• to $375 per month for each full-time employee who is eligible for such coverage,
and who selects family coverage.
2.2 Effective January 1, 2000, the Employer agrees to contribute to the premium cost of
employee hospital and medical coverage up to $215 per month for each full-time
employee who is eligible for such coverage, and who selects singie coverage; or up
to $400 per month for each full-time employee who is eligible for such coverage,
and who selects family coverage.
Subd. 3 Employer Contribution Amount: Married Couples Full-time employees who are
married to another District employee and who are covered under their spouse's health plan
may waive the single or family contribution to health insurance and receive up to $15� per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the fuli cost of family coverage and cannot be applied in cases where the
spouse is receiving health insurance tfirough the D'+stricYs cafeteria benefits plan.
Subd. 4 . Life Insurance The Employer will contribute to the cost of $25,000 life
insurance coverage. The cost to the Employer for life insurance coverage shalf not exceed
;6.32 per month. The life insurance coverage and Employer contribution toward life
insurance premiums terminates at retirement.
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ARTICLE 14. INSURANCE BENEFfTS (continued)
SECTfON 1 ACTIVE EMPLOYEE INSURANCE (continued}:
Subd. 5 . Denfal Insurance The Employer agrees to contribute up to $26 per month to
the premium cost for a dental plan selected by the Employer, for each employee who is
eiigible for such coverage.
Subd. 6 Contribution Status
6.1 F�il-time Status. Eligible employees regulariy assigned more than six (6} hours
per day will receive the full Employer contribution amount.
6.2 Half-Time Status For eligible employees regularly assigned four (4) fo six (6)
hours work per day, the Employer will contribute up to one-half of the full Employer
contribution amount. This does not apply to the Employer contribution for married
couples in Subd. 3 of this Section.
6.2.1 An employee with full contribution as of January 1, 1990, who is reduced
to half-premium eligibflity hours because of heaifh disabifity or Employer-
initiated hours reduction, shali not be reduced in premium contributions
for twelve (12) calendar months from the date of his/her hours reduction,
so long as he/she remains actively employed at the haif-premium
eligibility level.
.
Subd. 7. Flexibie Spending Account. It is the intent of the Employer to maintain during
the term of this Agreement a plan for medical and child care expense accounts to be •
available to empioyees in this bargaining unit who are eligible for Empioyer-paid premium
contribution for health insurance for such expenses, within the established legal regulations
and IRS requirements for such accounts.
Subd. 8. Any premium costs in excess of the amounts stated above shatl be paid by the
empioyee, by means of payroil deduction.
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ARTICLE 14. INSURANCE BENEFITS (continued):
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 1 Benefit Eliqibility for Employees who Retire Before Age 65
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1.1 Empioyees hired into District service before January 1, 1996, must have completed
the foilowing service eligibility requirements with Independent School District No.
625 prior to retirement in order to be eligible for any payment of any insurance
premium contribution by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement
Association or other public employee retiree program at the time of retirement
and have severed the employment relationship with Independent School
District 625;
B.
C.
D.
E.
Must be at least fifty-five (55) years of age and have completed twenty-five
(25) years of service, or;
The combination of their age and their years of service must equal eighty-five
(85) or more, or;
Must have completed at least thirty (30) years of service, or;
Must have completed at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paul will continue to be counted
toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for
1.1 E.
12 Employees hired into District service after January 1, 1996, must have completed
twenty (20) years of service with Independent School District No. 625. Time with
the City of Saint Paul will not be counted toward this twenty (20)-year requirement.
1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent School District No. 625
employee and eligibie for and is enrolled in the Independent School District No.
625 health insurance program, or in any other Empioyer-paid health insurance
program.
1.4
1.5
Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make appiication through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
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ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued):
Subd. 2. Employer Contribution Levels for Employees Retiring Before Age 65 i
2.1 Health lnsurance Employer Contribution
The District wiil far the period of this Agreement provide employees who meet the
efigibifity requirements for health insurance in 1.1 or 1.2 above, who retire during
the term of this Agreement, and until such employees reach sixty-five (65) years of
age, such health insurance premium contributions up to the same doliar amount as
were made by the District for health insurance for single or family coverage by that
carrier, for an employee under this Agreement, in his/her last month of active
employment. In fhe event new carriers replace those in place at execution of this
Agreement, the dollar amounts being paid for single or family coverage to the
carrier at the employee's date of retirement shail constitute the iimit on future
contributions. Any employee who is receiving tamily coverage premium
contribution at date of retirement may not later claim an increase in the amount of
the Empioyer obligation for single coverage premium contributions to a carrier after
deieting family coverage.
2.2 Life Insurance Employer Contribution
The District wiii provide for early retirees who qualify under the conditions of 1.1 or
12 above, premium contributions for eligible retirees for $5,000 of life insurance
only until their 65th birthday. No life insurance will be provided, or premium
contributions paid, for any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eliqibility for Employees After Age 65 •
3.1 Employees hired into the District before January 1, 1996, who retired before age 65
and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65,
for employer premium contributions for health insurance described in Subd. 4 of
this Articie.
3.2 Empioyees hired into the District before January 1, 1996, who retire at age 65 or
otder must have completed the following service eligibility requirements to receive
District contributions toward post-age-GS heaith insurance premiums:
A. Employees hired before January 1, 1989, must be continuously emp(oyed with
the District.
Empioyees hired on or after January 1, 1989, must have completed at least
twenty (20) years of continuous employment with the District and meet the
remaining requirements in Subd. 1 of this Article.
Years of certified civil service time with the City of Saint Paul earned prior to
January 1, 1996, wiil continue to be counted toward meeting the DistricYs service
requirement of ihis Subd. 3. Civii service time worked with City of Saint Paui after
January 1, 1996, wiil be considered a break in District empioyment.
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ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued):
3.3 No employee hired on or after January 1, 1996, shail have or acquire in any way
any efigibility for Employer-paid health insurance premium contribution for
coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired
on or after January 1, 1996, shall be eligible for only early retirement insurance
premium contributions as provided in Subd. 2 and Deferred Compensation match in
Subd. 5.
Subd. 4. Employer Contribution Levels for Emplayees After Age 65
4.1 Employees hired into the District before January 1, 1996, who meet the eligibility
requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium
contributions for a Medicare Suppiement health coverage policy selected by the
District. Premium contributions for such policy wilV not exceed:
Coverage Type
Medicare Eligible
Non-Medicare Eligible
Sin le
$300 per month
$400 per month
Famiiy
$400 per month
$500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions specified must be paid
directly and in full by the retiree, or coverage wili be discontinued.
Subd. 5. Employees hired after January 1, 1996 after compietion of three (3) fuil years of
• consecutive active service in Independent School District No. 625, are eligible to
participate in an employer matched Minnesota Deferred Compensation Ptan. Upon
reaching eligibility, the District will match up to $500 per year of consecutive active
service, up to a cumulative Iifetime maximum of $12,500. Part-time employees working
half-time or more will be eligibie for up to one half (50%) of the availabie District match.
Approved non-compensatory leave shall not be counted in reaching the three (3) full years
of consecutive active service, and shall not be considered a break in service. Time worked
in the City of Saint Paul will not be counted toward this three (3)-year requirement.
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Federa{ and state rufes governing participation in the Minnesota Deferred Compensation
Plan shall apply. The employee, not the District, is solely responsible for determining
his/her total maximum allowable annual contribution amount under IRS regulations.
The employee must initiate an application to participate through the DistricYs specified
procedures.
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ARTICLE 15. SEVERANCE PAY
SECTION 1. The Employer shall provide a severance pay program as set forth in this �
Rrticle. Payment of severance pay shall be made within the tax year of the retirement.
SECTION 2 . To be eligible for the severance pay program, the empioyee must meet the
foilowing requirements:
Subd. 1. The employee must be fifty-five (55) years of age or older or must be eligible for
pension under the "Rule of 90° provisions of the Pubiic Employees Retirement Association
(PERA). The "Rule of 85" or the "Rule ot 90" criteria shail also apply to employees covered
by a public pension plan other than PERA.
Subd. 2. The empioyee must be voluntarily separated from Schoof District employment
or have been subject to separation by layoff or compuisory retirement. Those employees
who are discharged for cause, misconduct, inefficiency, incompetency or any other
disciplinary reason are not eligible for this severance pay program.
Subd. 3. The employee must file a waiver of re-employment with the Director oP Human
Resources, which will clearly indicate that by requesting severance pay, the employee
waives all claims to reinstatement or re-empioyment (of any type) with the City of Saint Paul
or with Independent School District No. 625.
SECTION 3. If an employee requests severance pay and if the employee meets the
eligibility requirements set fofth above, he or she will be granted severance pay in an
amount equal to $50 pay for each day of accrued, unused sick leave, up to 300 days. .
SECTION 4. The maximum amount of money that any employee may obtain through this
severance pay program is $15,000.
SECTION 5. For the purpose of this severance pay program, a death of an employee
shall be considered as separation of employment and, if the employee would have met all
of the requirements set forth above at the time of his or her death, payment of the
severance pay may be made to the employee's estate or spouse.
SECTtON 6. For the purpose of this severance pay program, a transfer from Independent
School District No. 625 empioyment to City of Saint Paul employment is not considered a
separation of employment, a�d such transferee shall not be eligible for this severance
program.
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ARTICLE 16. WORKING CONDITIONS
SECTION 1 . Emerqency Ciosings If it becomes necessary or desirable to close a school
as a result of an emergency, the effort shall be made to notify employees not to come to
work. Employees not notified who report for work shall be granted two (2) hours' pay at their
regular rate.
SECTION 2 . Workshops Employees in the Food Service program required by the Food
Service Director to attend Food Service workshops shall be reimbursed for the tuition of the
workshop and will be paid the normal hourly rate for the time spent in the workshop.
SECTION 3. Mileage. �Nhen an employee is authorized by the proper supervisor to use
his or her personal vehicle in the interest of the Employer, mileage reimbursement will be
paid at 31¢ per mile or the current School District rate whichever is greater, and by the
approval of the Food Service Director.
SECTION 4 . Workinq Out Of Ciassification Employer shail avoid, whenever possible,
working an empfoyee on an out-of-class assignment for a prolonged period of time. Any
employee working an out-of-ciass assignment for a period in excess of fifteen (15) working
days during any fiscal year of employment shali receive the rate of pay for the out-of-class
assignment in a higher ciassification not later than the sixteenth (16) day of such
assignment. For purposes of this Article, an out-of-ciass assignment is defined as the full-
time pertorma�ce of all of the significant duties and responsibilities of a classification by an
individual in another classification. For the purposes of this Article, the rate of pay for an
out-ot-class assignment sha�l be the same rate the employee would receive if he/she were
promoted to the higher classification.
SECT{ON 5 . Work In Advance Of School Year ln the event that a manager is required to
work in advance of the beginning of the school/work year in arranging the workforce, the
manager wili make the arrangements from a Schooi District faciiity as assigned, and will be
paid the regular contract rates for the assigned duty time.
SECTION 6 Saint Paul Food Manager's Certification The parties recognize and
acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding
a position covered by this Agreement. This Certification or a State of Minnesota
Certification will 6e required if the regulation changes. The test or tests for certification will
be taken on the employee's own time.
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ARTICLE 17. COURT DUTY LEAVE
SECTION 1. Any empioyee who is required to appear in court as a juror or as a
subpoenaed wifiess shail be paid his/her regular pay while so engaged, unless the court
duty is the result of litigation undertaken by the employee or the Union against the
Employer. Any fees that the empioyee shall receive from the court for such service shall be
paid to the Employer. Any employee who is scheduled to work a shift other than the normal
daytime shift, shall be rescheduled to work the normai daytime shift during such time as
he/she is required to appear in court as a juror or witness.
ARTICLE 18. DISCIPLINE AND DISCHARGE
SECTION 1. The Employer shall have the right to impose disciplinary actions on
empioyees for just cause.
SECTION 2.
actions:
2.
3.
4.
5.
Disciplinary actions by the Employer shall include only the foliowing
Oral reprimand;
Written reprimand;
Suspension;
Demotion;
Discharge.
SECTION 3. Empioyees who are suspended, demoted or discharged shall have the right
to request that such acttons be reviewed through the grievance procedure provided in
Article 20 of this Agreement, including arbitration. This contract grievance procedure shall
be the normal process for such review.
SECTION 4. Preliminary Review. Prior to issuing a disciplinary action of unpaid
suspension demotion, or discharge, the supervisor will make a recommendation to his/her
supervisor regarding proposed discipline. That supervisor will then meet with the employee
prior to making a final determination of the proposed discipiine. The employee shall have
the opportunity to have union representation present and be provided the opportunity to
speak on his/her behalf regarding the proposed action. If the empioyee is unable to meet
with Yhe supervisor, the employee and/or union will be given the opportunity to respond in
writing.
.
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ARTICLE 19. GRIEVANCE PROCEDURE
• SEGTION 1. This grievance procedure is established to resolve any specific dispute
between the employee and the School District concecning, and limited to, the
interpretation or application of the provisions of this Agreement.
SECTION 2. An employee presenting a grievance may elect to be represented by an
appropriate Union representative. At Step 1 or Step 2 af the grievance procedure, the
employee may choose to present his/her grievance without being represented by a Union
representative, provided however, that the Union representative shall be notified of the
adjustment or settlement of any Step 2 grievance and provided further that any adjustment
or settlement shall not be inconsistent with the terms of the Agreement.
SEGTION 3 . It is recognized and accepted by the Union and the Employer that the
processing of grievances as hereinafter provided is limited by the job duties and
responsibilities of the employees and shall therefore be accomplished during normal
working hours when consistent with such employees' duties and responsibilities. The
aggrieved employee and a Union representative shali be aliowed a reasonable amount of
time without loss of pay when a grievance is investigated and presented to the Employer
during normal working hours provided that the employee and the Union representative have
notified and received the approval of the designated supervisor and provided that such
absence is reasonable and would not be detrimental to the work programs of the Employer.
It is understood that the Employer shall not use the above limitat+on to hamper the
processing of grievances.
• SECTION 4. A grievance shall be resolved in the following manner:
Subd. 1. Step 1. Any employee claiming a specific disagreement concerning the
interpretation or appiication of the provisions of this Agreement shall, within twenty (20)
working days of its first occurrence or within ten (10) working days of the time the employee
reasonabiy should have had knowledge of the occurrence, whichever is later, discuss the
complaint orally with the Director of School Food Service (or other representative
designated by the Superintendent). The Director of School Food Service (or
SuperintendehYs representative) shall attempt to adjust the complaint at that time.
Subd. 2. Step 2. If the grievance is not resolved through oral discussion and concluded
within five (5) working days, the employee may appeal the grievance to Step 2 by placing
the grievance in writing, setting forth the nature of the grievance, the facts on which it is
based, the provisions of the Agreement allegedly violated, and the remedy requested. This
written statement shall be presented to the Director of School Food Service for formal
discussion and written response. The formal discussion of the grievance shail be within ten
(10) working days of the receipt of the written grievance by the Director of School Food
Service. A reply shaH be given to the empfoyee and the Union in writing within ten {10)
days following the formal discussion. If the employee is not satisfied with the findings on
Step 2, the grievance may be appealed to Step 3.
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ARTICLE 19, GRIEVANCE PROCEDURE (continued)
Subd. 3. Step 3. A grievance not resolved in Step 2 and appealed to Step 3 shall be �
placed in writing setting forth the nature of the grievance, the facts on which it is aased, the
provision or provisions of the Agreement allegedly vioiated, the remedy requested, and
shall be appealed to Step 3 by the employee and the Union within fifteen (15) working days
after the Employer-designated representative's final answer in Step 2. Any grievance not ,
appealed in writing to Step 3 by the employee and the Union within fifteen (15) working
days shall be considered waived.
If appealed, the written grievance shali be presented by the employee and the Union and
discussed with the Superintende�t of Schoois or designated representative, wiYhin ten (10)
working days after receipt of the written grievance. The Employer-designated
representative shail give the Union the Employer's Step 3 answer in writing w[thin ten (10)
working days following the presentation and discussion of the matter.
If the employee is not satisfied with the findings on Step 3, the Union may request
arbitration within ten (10) working days after receipt of the Employers reply on Step 3.
Subd. 4. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the
Union shall be submitted to arbitration subject to the provisions of the Public Employment
Labor Relations Act of 1971 as amended. If a mutualiy-acceptable arbitrator cannot be
agreed upon, the selection of an arbitrator shall be made in accordance with the
procedures of the Minnesota Bureau of Mediation Services.
SECTION 5 . The arbitrator shall have no right to amend, modify, nuilify or ignore the
terms and conditions of this Agreement. The arbitrator shall consider and decide only the �
specific issue(s) submitted in writing by the Empioyer and the Union, and shail have no
authority to make decisions 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, copies to
both parties and the Bureau of Mediation Services within thirty (30) days following the close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be binding on both the Employer and the
Union and shall be based solety on the arbitrator's interpretation or application of the
express terms of this Agreement and to the facts of the grievance presented.
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ARTICLE 21. UNIFORMS
• SECTION 1. Employees will be provided three (3) new uniforms per school year by the
Employer. Selection of uniforms is the Employer's option.
Subd. 1. The Employer wif{ provide three (3) uniforms at staR-up for new employees.
Subd. 2. An employee who has received uniforms and then terminates employment for
any reason after less than six (6) full months of active empfoyment, is obligated to return the
uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs
will be deducted from the final paycheck of the terminating employee.
ARTICLE 22. WAGES
SECTION 1 . Wage Rates See wage rates described in Appendix A.
SECTION 2 . Initial Step Placement Initial step placement when an employee is
origina{ly hired, moves from another unit into a title covered by this Agreement or from one
title covered by this Agreement to a different title under this Agreement, shall be governed
by Civil Service Rules.
SECTION 3 . Salary Step Progression Progression through the steps of a salary range
in this contract will be based on the following conditions:
Subd. 1. Employees must have received an overall rating of "satisfactory" on their most
recent performance evaluation to receive any salary step advancement.
• Subd. 2. Step movement will be effective on the first day of the first pay period following
the employee's anniversary date in the employees current job title. The employee shall be
eligible for step movement in Steps 1-5 provided the employee has worked at least 1,000
hours in the previous year prior to that anniversary date.
Subd. 3. The employee shall be eligible for step movement in Steps 6-9 every two (2)
years provided the employee has worked at least 1,000 hours in the previous year. However,
an employee who has completed years of service greater than or equal to the years of
service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2
until the empioyee's years of service completed match the years of service required for the
step.
Employees appointed to a position in the bargaining unit on or after January 1, 1995, once
placed on the salary schedute, wil! advance thereafter from step to step based on
accumulation of the appropriate number of hours between the steps as detailed above and
without reference to any prior employment in the District.
SECTION 4 . Pay Equity Compliance Option During the term of this Agreement, the
Board may at its discretion unilaterally increase the pay rates provided in Appendix A in an
effort to achieve compliance with the requirements of the Minnesota Pay Equity Act. Ten
(10) days of notice to the Union will be provided prior to taking such action.
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ARTICLE 23. SEVERABILITY
In the event that any provision(s) of this Agreement is declared to be contrary to law by •
proper Iegislative, administrative or judicial authority from whose finding, determination or
decree no appeal is taken, such provision(s) shall be voided. Ali other provision shall
continue in full force and effect.
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 judicial
determination.
ARTICLE 24. WAIVER
The Employer and the Union for the duration of this Agreement agree that the other party
shail not be obligated to meet and negotiate over any term or condition of employment
whether specificaliy covered or not specificaNy covered by this Agreement. The Union and
Employer may, however, mutually agree to modify any provision of this Agreement.
Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are here6y superseded.
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ARTICLE 19. GRIEVANCE PROCEDURE (continued)
• The fees and expenses for the arbitrators services and proceedings shall be bome equally
by the Employer and the Union provided that each party shall be responsible for
compensating its own representatives and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for the
. record. If both parties desire a verbatim record of the proceedings, the cost shall be shared
equally.
If a grievance is not presented within the time limits set forth above, it shall be considered
waived. 1f a grievance is not appealed to the next step within the specified time limit or
any extension thereof, it shall be considered settled on the basis of the Employer's iast
answer. If the Employer does not answer a grievance or an appeal thereof within the
specified time limits, the Union may elect to process the grievance to the next step. 7he
time limit in each step may be extended by mutual written agreement of the Employer and
the Union in each step.
SECTION 6 Election of Remedies and Waiver A party instituting any action,
proceeding or complaint in a federal or state court of law, or before an administrative
tribunal, federal agency, state agency, or seeking relief through any statutory process for
which relief may be granted, the subject matter of which may constitute a grievance under
this Agreement, shall immediately thereupon waive any and ail rights to pursue a grievance
under this Article. Upon instituting a proceeding in another form as outlined herein, the
employee shall waive his/her right to initiate a grievance pursuant to this Article, or, if the
grievance is pending in the grievance procedure, the right to pursue it further shall be
immediately waived. This Section shall not apply to actions to compei arbitration as
• provided in this Agreement or to enforce the award of an arbitrator.
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ARTICLE 20. LEAVES
SECTION 1 . Long-Term Leaues Without Pay Leaves of absence may be requested and �
are subject to approval of the department head. The Food Service Director wiil reply to
such requests within fiReen (15) calendar days after they are received in the Food Service
Office. A list of typical leaves is provided below. This list does not cover ali possible
reasons.
• Physical or mentai incapacity of the employee to perform their work efficiently,
where the granting of a leave will permit the employee to receive treatment
enabling them to return to School District service;
. Election or appointment of a full-time, paid position in an organization or union
whose members consist largely or exciusively of empioyees of the Schooi
District;
. Education or training relating to the empioyee's regular duties or to prepare the
employee for advancement;
. Election of the employee to a School District position;
• Appointment of the employee to an unclassified Schooi District position;
• Disability or injury received in the performance of duty not due to the
negiigence of the employee for the period the employee is receiving
compensation payments from the School District for temporary partiai disability
or temporary total disability;
. Parental leave upon the request of the empioyee.
Employees returning from leave will be piaced in the next available vacancy in their job
title.
SECTION 2 . Short-Term Leaves Without Pay Short-term special leaves without pay, not •
to exceed two (2) weeks in duration, may be requested and wilt be considered by the
Employer subject to the operational needs of the Employer and the ability to secure
substitute help to satisfactorily maintain the particular assignment of the employee
involved.
Subd. 1. Applications for such leaves must be submitted in writing to the Food Service
Director at least forty-five (45) calendar days prior to the proposed start of the leave without
pay and shall include the proposed period of the leave and purpose for leave.
Subd. 2 . Effective April 1, 1979, the Director of Food Service shall notify the employee
requesting ieave no less than thirty (30) calendar days prior to the proposed leave date,
whether the leave is to be granted or denied, except that, if a leave is requested to
immediately follow a one-week or two-week school vacation, the thirty (30) days' notice
shall occur thirty (30) days before the beginning of such vacation period, providing the
request was received at least fifteen (15) days earlier.
SECTION 3 . Family and Medical Leave Leaves of absence shall be granted as required
under the federal law known as the Family Medical Leave Act (FMLA) so long as it remains
in force. The Human Resource Department provides procedures.
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ARTICLE 25. DURATION OF AGREEMENT
This Agreement shaii be in full force and effect from July 1, 1998 through June 30, 2000,
and shail automatically be continued from year to year thereafter, unless a new agreement
is devefoped in accordance with the provisions of the Pubiic Employment Labor Relations
Act of 1971, as amended. Intent to negotiate a new agreement shall be indicated by either
party providing written notice thereof at ieast ninety (90) days prior to the termination date
set forth herein.
COOK MANAGERS AGREEMENT
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This Agreement is by and between Independent School District No. 625 and School
Service Employees Local No. 284, S.E.I.U., AFL-C10, on behatf of Cook Managers.
In full settlemant of these negotiations between the herein parties, the parties have adopted
this Agreement, which is attached hereto and made a part hereof.
It is understood that this settlement shall be subject to approval and adoption by the Board
of Education of I�dependent School District No. 625 as well as ratification by the Union.
INDEPENDENT SCHOOL DISTRICT NO.
625
SCHOOL RVICE EMPIOYEES
LOCAL 284;S.E.I.U., AFL-CIO
i9 :�Z ,s :G`� '��%��''/"�/
U �/i/9�
Date
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Date
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Assistant Manager
APPENDIX A: COOK MANAGER EMPLOYEES TITLES AND SALARIES
INDEPENDENT SCHOOL DlSTRlCT NO. 625 �
Effective: July 4, 1998
S7EP 1 2 3 4 5 6 7 8 9
START 1 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR e YEAR 10 VEAR 12 YEAR
Titles
Control
Production
S�rvisor 'I05478 1096.92 1140.73 178627 1233.67 1264.48 '1,29528 1359.97 1,489.34
Catering
Coortiinator 1,097.91 1,140.04 1,183.86 'I,729.4� 1,276.80 1,307.fi0 1.338.41 1,403.09 1.533.32
Schaol
WrMh
Coordinator t.t24.86 1,166.99 '12t0.90 t256.36 1,303.76 1,334.56 t,365.36 1.430.04 1,560.8'1
Effective: July 3, 1999
SiEP 1 2 3 4 5 6 7 8 9
START 7 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR
Titles •
Quality ConVol
Ascictant 1 d55A5 1 058.0'I 1141 R7 7.18750 1 234.92 1 26575 1296.59 1361.36 1.496.90
Production
SuPervisor 1081.15 1124.34 116925 1,215.93 1,264.51 1296.09 1.327.67 1.393.97 1,534.02
Catenng
Coordinator 1,125.36 1.168.54 7,213.45 1,260.14 1.308.72 1.34029 1.371.87 1,438.17 1,579.32
School
W ndi
CooNinator 1.152.98 1.196.17 1,241.07 t.287.77 1,336.35 1,367.93 1.399.50 1.465.79 1,607.64
•
23
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APPENDIX A (continued)
When a regularly (civil service) certified and appointed employee shail have completed the
credit hours required for Level 3 of the Minnesota Professionai Development Plan for School
Food and Nutrition and shall have received such certification, that employee shall become
eligible for an additionai $0.25 (twenty-five cents) per hour premium over and above his/her
normal biweekly rate of pay for all hours on the payroll so fong as the employee maintains a
current Level 3 certification. Payment of the $0.25 (twenty-five cents) per hour premium shall
become effective within thirty (30) days after the employee has presented to the Director of
Food Service of the Saint Paul Public Schools evidence in writing of his/her completed
Level 3 certification. Employees must maintain current Level 3 certification and show
evidence of the renewed certification to be eligible for continuation of the premium.
LEAD FOOD PRODUCTION SUPERVISOR PREMIUM
�
�
When a regularly certified and appointed Food Production Supervisor is assigned the duty of
Lead Food Production Supervisor, the employee shall be paid an additional $.50 (fifty cents)
per hour over and above his/her normal hourly rate of pay for the hours worked on each
workday assigned in the Lead person function. This duty shali be assigned or discontinued at
the sole discretion of the Director of School Food Service. Only a regularly appointed Food
Production Supervisor is eligible for the premium, when properly assigned.
At any time when the Director of Food Service pians to assign this
employee in the Food Production Supervisor title for more then thirty
employees working in that title will be notified and have an opportunity
the duty.
Lead function to an
(30) working days, ail
to express interest i n
24
INDEX
e
Bereavement Leave ................................5
C
Certification Premium ...........................23
Chiid Care Sick Leave .............................5
CoUrtDuty .............................................15
D
Dental I nsurance .....................................9
Discharge ..............................................15
Discipline ..............................................15
E
Emergency Closings ..............................14
Emergency Leave ...................................5
Employee Rights .....................................3
F
Fair Share ...............................................2
Family and Medical Leave ...................19
Family Iliness Leave ................................5
Flexible Spending Account ....................9
FuneralLeave .........................................5
G
Grievance Procedure ............................16
H
Holidays..................................................4
I
Insurance Benefits ...................................8
L
Lay-Off ....................................................7
Life Insurance .........................................8
Long-Term Leaves Without Pay............19
Lunch Break ............................................6
M
Management Rights ...............................2
Mileage .................................................14
O
Overtime.................................................6
R
Rest Breaks ..............................................6
Retirement Health Insurance .................10
S
Saint Paul Food Manager's
Certification .......................................14
Salary Step Progression ........................20
Severance Pay ......................................13
Short-Term Leaves Without Pay............19
Sick Leave .. .........................................5
Sick Leave Conversion ............................7
Supervisor Premium ..............................24
U
Un iforms ............................................... 2 0
Unian membership .................................2
V
Vacation.................................................7
W
Wage Rates ...........................................20
Work In Advance of Schoot Year...........14
WorkWeek ...............................................6
Workday...................................................6
Working Out of Ciassification .................14
Workshops..............................................14
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