88-2002 WHITE - CITY CLERK
PINK - FINANCE GITY OF SAINT PAUL Council G
CANARV - DEPARTMENT �Q �DO�
BLUE - MAVOR File NO•
Council Resolution ��-�
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Presented By
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Referred To Committee: Date
Out of Committee By Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies
the attached Agreement between Zndependent School District 4�625 and the City of
Saint Paul Professional Employees Association, Inc.
COUNCIL MEMBERS Requested by Department of:
Yeas Nays
Dimond OFFICE OF PERSONNE D LABOR RELATIONS
�- in Favor
�o�c� �'�
Rettman �"�-�'�
sche;be� � A gai n s t "`°�"- �-
9eeeen-
Wilson ,
OEC 2 7 �pp Form Approve by Cit A o
Adopted by Council: Date
Certified Pas e b u cr BY� -
By
Appro by Mavor: Date _ � .�C - � ��va Appro y ayor f ubmissi to Council
By By
P�f1�.1Stl� J��� � 7 i 9 8� .
� ��'���
; . .N°_ 0140fi5
PERSONNEL-LABOR RELATIONS DEPART�IENT �
JAMES C. LOMBARDI CONTAC� NAl�l:
298-1s221 PHONI� �
� NOVEMBER 25. 1988 DATE � . '
ASSIGN NU?IBER FOR ROIITING ORDER: (�ee reverse side.) �f Q(/�� ,
�Department Director ; 3 Mayor (or Assi�ln��" 988
_ Finance and Management Services, Director ' 4 Gity Clerk ���/��
Budget Director _ �y,�Y
� City Attorney �
TOTAL NUMBER OF SIGNATURE PAGES: �_ (Clip all locations for signature.)
�� i�TILL BE ACHIEVED BY TAKING ACTION ON THE ATTACHED MATERIALSt (Purpose/Rationale)
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This resolution approves the attached two-year agreeme�ut between Independent School
District ��625 and the City of Sain� Paul Professional Eteplvgees Association, Inc.
Also attached is a summary of the �pertinent facts regarding the agreement.
�4STjBENEFIT. BUDCETARY. AND PERSOI�IEL IMPACTS ANTICIPAT�:'D:
None
R���j�� .
���� �.. ,
FINANCING SOURCE �NTD BUDGET ACTIVIT�Y NUMBER CHARGED OR (�"�tEDITED: `� ����„�
(l�iayor's signature not required if kinder $10,000.) �J�`s
���Total Amount of Trans�ction: Actiivity Number:
Funding Source:
ATTACHMENTS: (List and nwnber all iattachments.) C0�l7�l� �Qc��CCh C@nter
1 - Council Resolution 1 - Copy City Clerk
1 - Agreement 1 - Copy Phyllis Byers ��� 0 61�88
1 - Information Sheet (Pertinent �'acts)
ADMINISTRATIVE gRflCEDURES � . �
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�„Yes _No Rules, Regulatior�s, Procedures, or Budget Amendment required? �
_Yes _No If yes, are they ,or ti�etable attached?
DEPARTMENT REVIEW CI "�Y ATTORN�Y REVIEil
X Yes _No Council resolution required� Resolution required? _Yes _No '
Yes X No Insurance required?: �nsu�ance suff icient? „_,Fes �No
_Yes �No Insurance attachedT:.
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Attachment
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: �ctober 18. 1988
TOPIC: A��roval of a labor aqreement for 1988-1989 with the City of St. Paul
Professionai EmR[ovees Association.. Inc.. civil service orofessional
�m�lovees bar�aininq unit
A. PERTINENT FACTS:
1 ) This new two-year Agreement for 1988-1989 is the successor to 1984-
1985 Contract, amended by Memorandum of Agreement through 1987.
2 ) Changes are as follows:
GRIEVANCE pROCEDURE�jQ DISCiPLINE: Articles amended to delete
references to possibility of Civil Service Commission hearings.
INSURANCE:
Retiree insurance nremium contributions - Language added to limit
eligibility for such contributions.
Health lnsurance - Premium contribution of Empioyer increased
effective October 1, 1988 by $7.50 per month.
Effective January 1� 1989, the premium contribution of the Employer is
further increased by $7.50 per month.
SEVERANCE PAY: Articie is amended to aliow up to $7,000 maximum
benefit, with additional specific requirements.
l FYAVFS�AE3SFNrF; Maternity Leave section is changed to Parental/
Maternity Leave and language added to provide for parental leave to
employees for the birth or adoption of a child in accordance with state
laws.
CHILD �$E: Sick leave article is amended to allow up to 24 hours sick
leave time per year to be used to arrange care for an employee's seriously
ill child.
1 F�AI SERVICES: Article is amended, consistent with other contracts.
. ��-��"�°a�a
r ,
October 18, 1988
Page 2
�0(A�: Wage rates increased by 325% for 1988, and 3.25% for
1989.
One title has an adjustment for oomparabie worth which is
effective January 1� 1989.
3 ) The District has 19 empioyees in this bargaining unit.
4 ) Requested by Phyllis E. Byers, Negotiator
B. RECOMMENDATION:
That the Board of Education Schooi District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those
professional employees in this school district for whom the Professional
Employees Association, Inc. is the exclusive representative; term of Agreement is
January 1, 1988 through December 31, 1989.
�'c�-aoa�
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1988 - 1989
COLLECTIVE BARGAINING AGREEMErT
BETWEEN
INDEPENDENT SCHOOL DISTRICT N0. 625
�,IJD
• THE CITY OF SAINT PAUL PROFESSIONAL
EMPLOYEES ASSOCIATION. INC.
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SAINT PAUL PIIBLIC SCHOOLS - District 625
Board of Education:
Daniel B. Bostrom - Chairman Bill Carlson - Member
Margo Fox - Vice Chair A1 Oertwig - Member
Eleanor Weber - Clerk Claudia Swanson - Member
James S. Griffin - Treasurer
Administration: •
Dr. David A. Bennett - Superintendent
- Curman L. Gaines - Associate Superintendent.
_ Administrative Services
Dr. David W. M. Frye - Associate Superintendent,
Curriculum and Instruction
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l(��-aooa
INDEX
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ARTICLE TITLE PAGE
preamble iii
i Recognition 1
II Sevezance Pay 2
III I�lanagement Rights - S
IV Maintenance of Standards 5
• V Check Off and Service Fee 6
VI Hours of Work and Overtime �
' VII Seniority 8
VIII Working Out of Classification 8
IX Discipline 9
X Legal Services 9
XI Grievance Procedures 10
XII Wages 13
XIII Saving Clause 13
XIV Insurance 14
XV Vacation 17
RVI Holidays 18
• XVII Mileages - Independent School District No. 625 19
XVIII Non-discrimination 19
XIX Parental/Maternity Leave 20
XX Sick Leave 20
- XXI No Strike, No Lockout 20
7CXI Duration and Effective Date 21
Appendix A A-1
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PREAMBLE
This AGREEMENT entered into between Independent School District No.
625, hereinafter referred to as the "F.I�LOYER" and the City of Saint Paul •
Profe�sional Employees Associatioa. Inc. . hereinafter referred to ae the
"ASSOCIATION", for the purpose of fostering and promoting harmonious
relations between the FMPLOYER and the ASSOCIATION in order that a high
level of public service can be provided to the citizeas of the CITY.
This AGREEMENT attempts to accomplish this purpoBe by providing a
fuller and more complete understanding on the part of both the F.MPLOYER and
tbe ASSOCIATION of their respective rights and re�ponsibilities.
The provisions of this AGREEMENT shall not abrogate the rights and/or
duties of the EMPLOYER, the ASSOCIATION, or the employees as established �
under the provisions of the Public Employment Labor Relations Act of 1971,
as amended. ,
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— iii —
TICLE I - AECOGNITION C�� �DOo�
AR
l.l The E1�LOYER recognizes the ASSOCZATION as the exclusive sepresentative
� for the Clacrified Professional Employee� Group, a� certified by the
State of Minnesota Bureau of Mediation Services, dated May 11. 1988�
Cace No. 68-PR-2632. This unit contists of the folloviag:
All classified professional employees of
Independent School District No. 625, St.
Paul, Minnesota. who are public emploqees
within the meaning of I+Iinn. Stat. f 179A.03,
subd. 14. eacluding supervisory. co�nfidential.
and all other employees.
1.2 The rights and benefits of provisional employees shall be governed by
the Civil Service Rules ualess such rights and benefits aze cpecifi-
� cally amended as to provisional employees by this coatract.
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ARTICLE II - SEVERANCE PAY
2.1 The EI�LaYER shall provide a severance pay program as set forth in this S
Article.
2.2 To be eligible for the severance pay program, an employee must meet the
following zequirements:
2.2.1 The employee must be 58 years of age or must be eligible for a
non-reduced pension under the provisions of the Public Employees
Retirement Association (PERA). For District employees covered by
a pension plan other than PERA. �uch employees must be eligible ,
for a non-reduced pension under the provisions of that particular
pension plan.
2.2.2 The employee must be voluntarily separated from District employ- •
ment or have been sub�ect to separation by laybff or compulsory
retirement. Those employees who are discharged for cause,
misconduct, inefficiency, incompetency, or any other disciplinary
reason are not eligible for the District severance pay program.
2.2.3 The employee must have at least ten (10) years of consecutive
service under the classified or unclassified Civil Service at
the time of separation. For the purpose of this Article� employ-
ment in either the City or in the Independent School District
No. 625 may be used in meeting this ten (10) year service re-
quirement.
2.2.4 The employee must file a waiver of reemployment with the Director •
of Personnel, which will clearly indicate that by requesting
severance pay, the employee waives all claims to reinstatement or
reemployment (of any type) with the City or with Independent
School District No. 625.
2.2.5 The employee must have accumulated a minimum of sixty (60) days
of sick leave credits at the time of separation of service.
2.3 If an employee requests severance pay and if the employee meets the ,.
eligibility requirements set forth above, he or she will be granted
severance pay in an amount equal of one-half of the daily rate of pay
for the position held by the employee on the date of separation for ,
each day of accrued sick leave subject to a maximum of 200 accrued sick
leave days.
2.4 The maximum amount of money that any employee may obtain through this
severance pay program is $6,500.
2.5 For the purpose of this severance program, a death of an employee shall
be considered as separation of employment. and if the eIDployee would
have met all of the requirements set forth above. at the time of his or
her death, payment of the severance pay shall be made to the employee's
estate or spouse.
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ARTICLE II - SEVERANCE PAY (continued) �� �Bdd�
2.6 For the purpose of this severance pay program, a transfer from Independent
� School District No. 625 employment to City of Saint Paul employment is not
considered a separation of employment. and such tsan�feree ahall not be
eligible for this severance program.
2.7 The manner of payment of such severance pay shall be �ade in accordance
with the provisions of the School Dictrict Severance Paq Plan already
in existence.
2.8 This severance pay program shall be subject to and governed by the original
School Distzict Severance Pay Plan (which sllows $4,000 maximum payment),
' except in those cases where the apecific provisions of this Article conflict
�ith said Severance Pay Plan and in such cases, the provisions of this
Article shall control.
2.9 Any employee hired prior to December 31, 1983 max, in any event, and upon
meeting qualifications of this Article 2.1 through 2.8, draw severance
pay. However, an election by the employee to draw severance pay under
either this Article or the original School District Severance Pay Plan
(which allows $4,000 maximum payment) shall constitute a bar to receiving
severance pay from the other.
2.10 Any employee hired after December 31, 1983 and prior to the signing of
this AGREEMENT shall onl be entitled to the benefits of 2.1 through 2.8
of this Article upon meeting the qualifications of Articles 2.1 through
2.8.
, 2.10.1 The provisions of the above Articles 2.1 through 2.9 shall apply
only to employees hired pzior to the date of the signing of this
AGREEMENT.
.� 2.11 For employees hired on or after the date of the signing of this AGREEMErT
onl the severance pay provided in the following Articles 2.12 through 2.18
shall apply.
2.11.1 Employees hired prior to December 31, 1983, who meet the stated
zequirements, shall be eligible for severance pay, based on the
• provisions of 2.12 through 2.18, but election of this plan shall
create a bar to participation ia eithet plan listed in 2.9 above.
' 2.12 Effective on the date of eigning of this AGREII�NT the E1�'�LOYER shall �
provide a severance pay program as aet forth in Articles 2.13 through 2.18.
2.13 To be eligible for the severance pay program, an employee must meet the
following requirements:
2.13.1 The employee must be voluntarily �eparated from District
employment or have been subject to separation by lay-off
or compulsory retirement. Those employees vho are discharged
for cause, misconduct� inefficiency, incompetency. or anY
other disciplinary reason are not eligible for the District
severance pay program.
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ARTICLE II - SEVERANCE PAY (continued)
2.13.2 The employee must file a waiver of reemployment with the Personnel
Director, which will clearly indicate that by requesting severance !
pay, the employee waives all claims to reinstatement or reemploy-
, sent (of any type)� with the City or aith Independeat School
District No. 625
2.13.3 The tmployee must have an accumulated balance of at least eighty
(80) days of sick leave credits at the time of his separation
from service.
2.14 If an employee requests �everance pay and if the t�nployee meets the
eligibility requirements set forth above, he or she will be granted '
severance pay in an amount equal to one-half of the daily rate of pay
for the position held by the employee on the date of separation for each
day of accrued sick leave subject to a maximum as shown below based on �
the number of years of service.
Years of Service Maximum
with the District (City) Severance Pay
At least 20 $4,000
21 4�600
22 5,200
23 5.800
24 6,400
25 7,000
2.15 For the purpose of this severance program, a death of an employee shall S
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.
2.16 For the purpose of this severance program, a transfer from Independent
School District No. 625 employment to City of Saint Paul employment is
not considered a separation of employment, and such transferee shall
not be eligible for the District severance program.
2.17 The manner of payment of such sevezance pay shall be made in accordance
with the provisions of the original School District Severance Pay Plan
cited in 2.8 above. '
2.18 This severance pay program shall be subject to and governed by the
provisions of the original School District Severance Pay Plan cited in
2.8 above, except in those cases where the specific provisions of this
Article conflict with said Plan and ia such cases� the provisions of
this Article ahall control.
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ARTICLE III — MAICAGEMENT RIGATS
��doe�
3.1 The ASSOCIATION recognizes the zight of the II�LOYER to operate and
�anage its affaire in all respects in accordance aith applicable laws
• and segulations of appropriate authorities. The rights and authority
which the El�LOYER has not officially abridged, dels�ated or oodified
bq this Agreement are setait►ed by the II�LOYER.
3.2 A public employer is rot required to �eet and regotiat� on aatterc of
inherent �anagerial policy, vhich iaclude. but are t�ot li�ited to.
such areas of discretion or policq as the functions and programs of
the EMPLOYER, its overall budget. utilization of technology, and
organisational structure and selectioa and 8irection and number of
personnel.
ARTICLE IV - MAINTENANCE OF STANDARDS
4.1 The parties agree that all conditions of employment relating to wages,
hours of work, vacations, and all other general working conditions
except as modified by this AGREEMENT �hall be maintained at not less
than the highest minimum standard as aet forth in the Civil Service
Rules of the City of Saint Paul EResolution No. 3250), and the Saint
Paul Salary Plan and Rates of Compensation at the time of the signing
of this AGREEMENT, and the conditions of employment shall be improved
wherever specific provisions for improvement are made elsewhere in
this AGREEr�NT.
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AATICLE V - CAECK OFF AND SERVZCE FEE
S.1 The II�LOYER agrees to deduct the ASSOCIATION �embezship iaitiation
fee a�cessments and once each sonth dues from the pay of those +
emploqees vho individually request in writiag that such d�ductions be !
�ade. Tbe amounta to be deducted shall be certified to the !•l�LOYER
by a representative of the ASSOCIATION aad the aggregate deductione of
•11 employees shall be t�mitt�d together vith aa itemited statement to
the sepresentative by the first of the succeediag �onth after such
deductions are mde or as soon thereafter as is pos�ible.
5.2 l�y present oz future employee vho is not an ASSOCL1iPI0�1 membez shall
De sequired to coatribute a fair share fee for services rendered by
the ASSOCIATION. Upon notification by the ASSOCIATION� the E[�LOYER ,
shall check off said fee from the earnings of the emploqee and transmit
the same to the ASSOCUTION, In no instance shall the fair ahare fee
exceed 85X of the membership dues. It is also .underatood that in the -
event the �LOYER shall make an improper fair share deduction from the
earnings of an employee, the ASSOCIATION shall be obligated to mnke the
Eh�LO�YER whole to the eztent that the El�LO�tER shall he required to
reimburse �uch employee for any amonnt impropezly vithheld. This
provision shall remain operative onlq so long as specifically provided
bq I�tinnesota law, and as otherwise legal.
5.3 The ASSOCIATION agrees to indemnify and hold tbe E[�LO�YER harmless
against any snd all claims, suits, orders or judgments brought or
issued against the II�LOYER as a result of any action taken or not
taken by the El�LOYER under the provisions of this Article.
5.4 The ASSOCIATION agrees that a cervice fee of fifty cents (.$0.50� per �
member, per month shall be deducted by the EI�LOYER from the amount
withheld for dues or fair share prior to r�ittance of dues or fair
- share to the ASSOCIATION.
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ARTICLE VI - AOURS OF WORK AND OVERTIME
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6.1 The normal hours of work for the employee shall be a �inimum of seven
as�d three-fourths (7 3/4) bours in any twenty-four (24) hour peziod
and tbirty-eight and three-fourths (38 3/4) bourr in a sevea (�) day
� period. For employees on a shift basis this shall be construed to
•ean a �inimum average of thirty-eight and three-fourths (38 3/4)
hours a week.
6.2 Employees who work more than seven and three-fourths (7 3/4) hours in
any 24-hour period or �ore tban thirty-eight snd t�ree-fourths (38
3/4) hours in any 7-day peziod shall t�ot receive pay for �uch
additional work except ss in 6.4 below.
6.3 It is understood by the parties that Section 28H - OVERTIME
� COMPENSATION of Resolution No. 3250 ahall not apply to this unit.
6.4 In uausual cizcumstances a department hcad may grant emplcyees who
` wozk tnore than seven and three-fourths (7-3/4) hours in any twenty-
four (24) hour period or more than thirty-eight and three-fourths
(38-3/4) hours in any particular 7-day period compensatory time or pay
on a straight time basis for the extra hours worked. The method of
this compensation shall be determined solely by the Employer.
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ARTICLE VII - SENIORITY
7.1 Seniority, for the purpose of thie Agreement, shall be defined as
follows: The length of continuous, regular, and probationary service �
with the EMPLOYER from the date an employee was first certified and
appointed to a class title covered by this Agreement. it being further
understood that seniority is confined to the current class as�ignment
held by an employee. In cases where two or more employees are
appointed to the same class title on the same date. the seaiozity
shall be determined by the employee's sank on the eligible list from
vhich certification was made.
7.2 Seniority shall terminate when an employee retires, tesigns or is
discharged. ,
7.3 In the event it is determined by the EMPLOYER that it is necessary to
reduce the Work force, enployees will be laid off by class title -
within each Department based on inverse length of seniority as defined
above.
7.4 In cases where there are promotional series. such as Engineer I, II.
II, etc. , when the number of employees in the higher titles is to be
reduced, employees who have held lower titles will be offered
reductions to the highest title to which class seniority would keep
them fron being laid off, before layoffs are made by any class title
in any department.
7.5 Recall from layoff shall be in inverse order of layoff, except that
secall rights shall expire after two years of layoff. It is
understood that such employees will pick up their former seniority •
date in any class of positions that they previously held.
7.6 To the extent possible, vacation period shall be assigned on the basis
of seniority. It is, however. understood that vacation assignment
shall be subject to the ability of the employer to maintain
operations.
ARTICLE VIII - WORKING OUT OF CLASSIFICATION
8. 1 EMPLOYER shall avoid, whenever possible, working an employee on an
out-of-class assignment for a prolonged period of time. Any employee .
working en out-of-class assignment for a period in excess of fifteen
(15) consecutive working days shall receive the rate of pay for the
out-of-class assignment in a higher classification not later than the
sixteenth (16th) day of such assignment. For purposes of this
Article, an out-of-class assignment is defined as an assignment of an
employee to perform, on a full-time basis. all of the significant
duties and responsibilities of a position different from the
employee's regular position. and which is in a classification higher
than the classification held by such employee. The rate of pay for an
approved out-of-class assignment shall be the same rate the eIDployee
would receive if auch employee received a regular appointment to the
higher classification. �
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ARTICLE IX - DISCIPLINE ���40�
9.1 The EMPLOYER will discipline smployee6 for iust cause only.
Discipline aill be in the form of:
� 9.11 Writtea seprimand;
9.12 Suspension;
9.13 Reduction;
9.14 Discharge.
9.2 Suspensions. reductions. and discharges vill be ia vritten form.
9.3 Employees and the ASSOCIATION vill tece�ve copies of vritten
sepzimands and notices of suspeasion aad discharge.
9.4 Employees may examine all information in their DdPLOYER personnel
files that concerns work evaluatioas, co�om�endations and/or
'� disciplinary actions. Files may be examined at seasonable times under
the direct supervision of the F.MPLOYER.
9.5 Discharges will be preceded by a five- (S) day preliminary suspension
without pay. During caid period, the employee and/oz ASSOCIATION may
request and shall be entitled to a 'eeting vith the F.MPLOYER
zepresentative vho initiated the suspension with intent to discharge.
During said five- (5) day period. the EMPLOYER may affirm the
suspension and discharge in accordance with Civil Service Rules or may
modify or withdraw Bame.
9.6 An employce to be questioned concerning an investigation of
disciplinary action shall have the right to sequest that an
� ASSOCIATIOh Representative be present.
9.7 A grievance relating to this Article shall be processed in accozdance
_ with the gzievance procedure of this Agreement in Article XI. This
provision is not intended to abrogate rights of veterans pursuant to
6tatute.
ARTICLE R - LEGAL SERVICES
10.1 Except ia cases of malfeasance in office or willful or wanton neglect
� of duty, the EI�LOYER shall defend. save harmless� and indemnify
employee against tort claim or demand� whether groundle�s or otherwise.
arising out of alleged acts or omission occurring in the performance
or scope of the employee's dutiea.
10.2 Notwithstanding (10.1), the E[�LOYER shall not be responsible for paying
any legal service fee or for providing any legal service atisiag from
any legal action vhere the employee is the plaiatiff.
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ARTICLE XI - GRIEVANCE PROCEDURE
11.1 The El�LOYER shall recognize stewards selected in accordance with �
ASSOCIATION rules and regulations as the frievance representatives of
tbe bargaining unit. The ASSOCIATION shall Aotify tbe IIiPLOYER in
�rritiag of the aames of the stewardc and of their successors vhen so
named.
11.2 It is recognized and accepted by the E[�LOYER and the ASSOCIATION that
the processing of grievances ae bereinafter provided is limited by the
job duties and respon6ibilitie6 of tbe employees and shall therefore
be sccomplished during normal vorking hours only vhen consistent vith
such employee duties and responsibilities. The steward involved and a .
arieving employee shall suffer no loss in pay vhen a grievance is
proces6ed during wozking hours. provided the steward aad the employee
have notified and received the approval of their supervisor to be ,
absent to process a grievance and that such abseace would not be
detrimental to the work programs of the E!'�LOYER.
11.3 The procedure established by this ARTICLE shall be the sole and esclusive
procedure� for the processing of grievances, which aze defined ac an
alleged violation of the terms and conditions of this AGREEMENT.
11.4 Grievances shall be resolved in conformance with the following
procedure:
Step 1. Upon the occurrence of an alleged violation of this �
AGREEt�IENT, the er�ployee involved with or aithout the steward ahall
attempt to resolve the matter on an informal basis with the employee's
� supervfsor. If the mettez is not zesolved to the employee's
satisfaction by the informal discussion, it �ay be reduced to writing
- and referred to Step 2 by the ASSOCIATION. The written grievance
shall set forth the nature of the grievance. the facts on which it is
based, the alleged section(s) of the AGREEMENT violated, and relief
requested. Any alleged violation of the AGREEMENT not zeduced to
writing by the ASSOCIATION within seven (7) work days of the first
occurrence of the event giving tise to the grievance, shall be
considered waived. ��
Step 2. Within seven (7) work days after receiving the vritten
Srievance, a designated EMPLOYER supervisoz shall meet with the
ASSOCIATION steward and attempt to resolvc the grievance. If. as a
result of this meeting, the grievance rsmains unrecolved. the EKPLOYER
shall reply in writing to the ASSOCIATION vithin three (3) work days
following this meeting. The ASSOCIATION may refer the frievance in
�rriting to Step 3 within seven (7) vork days following ieceipt of the
l�LOYER'S vritten ansWer. Any grievaace aot referred in vriting by
the ASSOCIATION within seven (7) work days following seceipt of the
3:MPLOYER'S ancver shall be considered vaived.
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�-1�"�0?00�-'
Step 3. Within ceven (7) wozk days folloving receipt of a grievance
refezred from Step 2, a designated EMPLOYER supervisor shall meet vith
the ASSOCIATION'S representative or his designated representative. the
Employee, and the Steward, and attempt to resolve tbe grievance.
� Within seven (7) work days following this meeting. tbe F.l�LOYER shall
reply in writing to the ASSOCIATION stating the II+�LOYER'S ansver
concerning the grievance. If, as a result of the vritten =esponse,
the grievance iemains unresolved, the ASSOCIATION �ay �efer the
grievance to Step 4. Any grievance not referred in vriting by the
ASSOCIATION to Step 4 within seven (7) work days following seceipt of
the Et�LOYER'S answer shall be considered waived.
St_ ep 4. If the grievance remains unresolved, the ASSOCIATION may
vithin seven (7) work days after the response of the EMPLOYER, request
. arbitration of the grievance. The arbitration proceedings shall be
conducted by an arbitrator to be selected by mutual agreement of the
EMPLOYER and the ASSOCIATION within seven (7) work days after notice
. has been given. If the parties fail to mutually agree upon an
arbitrator within the said seven (7) day period. either party may
request the Public Employment Relations Board to submit a panel of
five (5) arbitrators. Both the EMPLOYER and the ASSOCIATION shall
have the right to strike two (2) names from the panel. The
ASSOCIATIOr shall strike the first (lst) name; the EMPLOYER shall then
strike one (1) name. The process will be repeated and the remaining
person shall be the arbitrator.
11.5 The arbitrator shall have no right to amend, modify, nullify, ignore,
add to or subtract from the provisions of this AGREEMENT. The
arbitrator shall consider and decide only the specific is6ue submitted
in writing by the EMYLOYER and the ASSOCIATION, and shall have no
• authority to make a decision on any other issue not so submitted. The
arbitrator shall be vithout 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 vrfting within thirty (30)
days following close of the hearing or the submission of briefs by the
parties, whichever be later, unless the parties agree to an extension.
The decision shall be based solely on the arbitrator's interpretation
oz application of the express terms of this AGREEMENT and to the facts
of the grievance presented. The decision of the arbitrator shall be
final and bindfng on the EMPLOYER, the ASSOCIATION, and the employees.
11.6 The fees and expenses for the arbitrator's services and proceedings
_ shall be borne equally by the EMPLOYER and the ASSOCIATION, provided
that each party shall be responsible for compensating its own
zepresentatives 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.
11.7 The time limits in each step of this procedure may be extended by
mutual agreement of the EMYLOYER and the ASSOCIATION.
� - 11 -
11.8 It is understood by the ASSOCIATION and the F.[�LdYER that if an issue
is determined by this grievance pzocedure, it shall not again be sub-
mitted for determination in another forum. If an issue is determined �
by any othez forum, it shall not again be submitted for arbitration
under this grievance procedure.
•
- 12 - �
ARTICLE XII - i�IAGES
� -aoo�-
12.1 Effective Janusry 2. 1988, all aalary rates applicable to titles in
this bargaining unit shall be increased three and one-quarter per
cent (3.25X).
• 12.2 Effective December 31, 1988, all salary rates applicable to titles in
this bargaining unit shall be increased three and one-quarter per
cent (3.25X).
12.3 The wage achedule is attached for purposes of reference only and is
not a part of this contract. •
12.4 Notwithstanding 12.1 and 12.2, salary rates sball be reduced in the
amounts aecessary to equalize payment to individual employees and
' District employees �ho receive different pension benefits.
12.5 Retroactive adjustments shall not apply to any employees whose
� employment was terminated prior to September 1� 1988.
ARTICLE XIII - SAVING CLAUSE
13.1 This AGREEMENT is subject to the laws of the United States, the State
of Minnesota. In the event any provisions of this AGREEMENT shall be
held to be contrary to law by a court of competent jurisdiction from
whose final judgment or decree no appeal has been taken within the
time provided, such provisions shall be voided. All other provisions
shall continue in full force and effect. The voided provision may be
� renegotiated at the written request of either party. All other
provisions of this AGREEMENT shall continue in full force and effect.
- 13 -
�
ARTICLE RIV - INSURANCE
14.1 The EI�LOYER will continue for the period of this AGREEMENT to provide
for emploqees such health and life insurance contributions as are provided
by II�LOYER at the time of execution of this AGREEMENT. •
14.2 The EI�LOYER will for the peziod of this AGREF.MENT contribute for full-
time employees who retire after Decanber 31, 1987 and who select a health
iasurance plan prcvided by the E1�LOYER and until such retiree� reach
sixty-five (65) years of age. the cost such retiree coverage or $106.32
per month whichever is less. For such retirees selecting family coverage
or $318.41 per month, vhichever is less. .
14.3 The EI�LOYER will for the period of this AGREEMENT provide for half-time
employees who retire aftez the time of execution of this AGREEMENT and '
until such employees reach sixty-five (65) years of age fifty percent (SO%)
of such health insurance contributions and life insurance contributions ,
as are provided by the II�LOYER for full-time employees who retire under
this AGREEMENT. �
14.4 Employees who retire after execution of this AGREEMENT must meet the
following conditions at the time of retirement to be eligible for the
District contributions to health insurance set forth in Article 14.2
and 14.3.
14.4.1 Be receiving benefits from a public employee retiree act at
the time of retirement.
AND
14.4.2 Have aevered his relationship with 2ndependent School District
No. 625 under one of the early retiree plans. �
14.5 Effective January 1, 1989 in addition to meeting the eligibility require-
ments stated� in 14.4.1 and 14.4.2 above, retiring employees must also
� meet the following condition in order to be eligible for the early retiree
insurance benefits set fozth in Article 14.2 and 14.3.
14.5.1 Must be at least 58 years of age and have completed 25 years of
employment with Independent School Distzict No. 625/City of Saint
Paul
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. '
14.6 Effective January 1, 1989, full-time employees �+ho retire and who n►eet
the conditions eet forth in 14.4.1 and 14.4.2 but who meet none of the
conditions set fozth in 14.5.1, �hall be eligible for the following
percentages of the amount contributed by the II�LOYER tcward health
insurance for active employees in the same health plan. Such retirees
ahall be eligible foz such contribution until they reach sixty-five (65)
years of age.
- 14 -
. �
ARTICLE RIV - INSURANCE (continued) C��p700o�
Combination of Age Contribution for Contribution for
and Years of Service SinRle Coverage Family Coverage
� 84 90X 90X
83 SOX 80X
82 70x 70X
81 60X 60X
80 S0� SOX
14.7 For employees hired prior to January l� 1982 who retire at age sixty
five (65) or older, the Eh�LOYER will provide health insurance
contributions toward �aployee health insurance plans as are provided
� for by the II�LOYER for retirees sixty five (65) years of age or older
as approved by Board of Education action.
- 14.8 For employees hired on or after January 1, 1982 who retire at the age
of 65 or older or for early retirees upon reaching age 65, and who have
completed at least twenty (20) qears of service with the District/Cfty
at the time of their retirement, the II�LOYER will provide health
insurance contributions toward employee health insurance plans as are
provided by the F�LOYER for retirees 65 years of age or older as
approved by Board of Education action. For such employees or early
retirees who have not completed at least twenty (20) years of service
with the District/City at the time of their retirement, the EI�LOYER
will discontinue providing any health insurance contributions upon
their retirement or in the case of early retirees upon reaching age 65.
For purpose of this article, employment in either the cicy of Saint Paul
oz Independent School District No. 625 may be counted in n�eeting the
• twenty (20) year requirement, except for service prior to a resignation.
14.9 A retiree may not carry his/her spouse as a dependent if such spouse is
also a District/City retiree or District/City employee and eligible for
- and is enrolled in the District/City health insurance prcgram.
14.10 For each eligible employee covered by this AGREEMENT who is employed
full-time and who selects employee insurance coverage, the II�LOYER
agrees to contribute the cost of such coverage or $70.00 per month,
whichever is less. For each full-time employee who selects family
., coverage, the EI�LOYER will contribute the cost of such family coverage
or $180.00 per month, whichever is less.
� 14.10.1 Effective October l. 1988 the contribution limits specified in
Section 14.10 above are amended to a maximum contribution of
$77.50 per month for employee coverage, or a maximum contribution
of $187.50 per month for famiiy coverage.
14.10.2 Effective January 1� 1989 the contribution limits specified in
Section 14.10 above are amended to a maximum contzibution of
$85.00 pez month for employee coverage, or a �aximum contribution
of $195.00 pez month for family coverage.
- 15 -
.
ARTICLE XIV - INSURANCE (continued)
14.11 For the purpose of this Article 14, full-time employment is defined as
appearing on the payroll at least 32 hours per week or at least 64
hours per pay period excluding overtime hours. Half-time employment �
is defined as appearing on the payroll at least 20 hours but less than
32 hours per week or at least 40 hours but less than 64 hours per pay
peziod excluding overtime hours.
14.12 For each eligible employee covered by this AGREEMENT who is employed
half-time who selects employee insurance coverage. the El�LOYER agrees
to contribute fifty percent (50X) of the amount contributed for full-
time employees selecting employee coverage ia the same insurance plan.
For each half-time employee who selects family insurance coverage� the
Et�LOYER will contribute fifty percent (SOX) of the amount contributed
for full-time employees selecting family coverage in the same insurance
plan. �
14.13 The District agrees to contribute the cost of life insurance. The amount
of life insurance pzovided under this Article 14.13 shall be equal to
the employee's annual salary to the nearest full thousand dollars. This
amount of life insurance shall be reduced to $5,000 upon retirement and
shall continue until the early retiree reaches age 65, at which time all
employer paid life insurance shall be terminated. For the purpose of
this Article 14.13, the employee's annual salary shall be based on the
salary as of the first day of the first payroll period in each fiscal
year of this AGREEMENT.
14.14 The contributions indicated in this Article 14 shall be paid to the
EI�LOYER'S Group Health and Welfare Plan.
14.15 Any cost of any premium for any District-offered employee or family �
insurance coverage in excess of the dollar amounts stated in this
_ Article 14 shall be paid by the employee.
- 16 - '
•
ARTICLE XV - VACATION C��'��O�oZ
15.1 In each calendar year. each full-time employee �hall be granted
vacation according to the follo�,�ing schedule:
� Years of Service Vacation Granted
Less than 8 years 15 days
After 8 years through 15 years 20 days
After 15 years and thereafter 25 days.
Employees who work less than full-time shall be granted vacation on a
� pro rata basis.
15.2 The head of the department may permit an employee to carry over into
' the following year up to ten days' vacation.
15.3 The above provisions of vacation shall be sub�ect to the Saint Paul
Salary Plan and Rates of Compensation, Section I. Subdivision H.
15.4 If an employee has an accumulation of sick leave credits in excess of
one hundred and eighty days. he may convert any part of �uch excess to
vacation at the rate of oae-half day's vacation for each day of sick
leave credit. No employee may convert more then ten (10) days of sick
leave in each calendar year under this provision.
�
,
- 17 -
•
ARTICLE 7NI - SOLIDAYS
16.1 Holidays Recogaized and Observed - The following days shall be recognized
and observed as paid holidays:
New Year's Day �
Martin Luther King Day
. presidents' Day
- Memorial Day
Independence Day
Labor Day
Columbus Day
Veterans' Day
Thanksgiving Day
Chzistmas Day "
T1�c floating holidays.
Eligible employees shall receive pay for tach of the holidaye listed above �
on which they perfonu no vork. Whenever any of the holidays listed above
shall fall on Saturday, the preceding Friday shall be ob�erved as the
holiday. Whenever any of the holidays listed above shall fall on Sunday,
the cucceeding Monday �hall be observed as the holiday.
16.2 The floating holidays set forth in Section 16.1 above may be taken at
any time during the contract qear, subject to the approval of the
Department Head of any employee.
16.3 Elfgibility Requirements - In order to be eligible for a holiday �aith
pay, an employee's name must appear on the payroll on any six working
days of the nine working days preceding the holiday or an employee's �
name must appear on the payroll the last working day before the
holiday and on three other working days of the nine working days
_ preceding the holiday. In neither case chall the holiday be counted
as a working day foz the purposes of this section. It is further
understood that neither temporary. emergency nor other enployees not
heretofore eligible shall receive holiday pay.
16.4 In the case of Board of Education Employees, if Presidents' Day,
Columbus Day or Veterans' Day falls on a day when school is in
session, the employees shall work that day at straight time and
another day shall be designated as the holiday. This designated �
holiday shall be a day on which school is not ia session and shall be
determined by agreement between the employee and the supervi6or.
�
- 18 -
ARTICLE XVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 C���l�aa
17.1 Employees of the School District under policy adopted by tbe Board of
Education may be reimbursed for the use of their automobiles for
� school business. To be eligible for auch reimbursement. employees
must receive authorization from the District Mileage Committee
utilizing the following plan:
PLAN "A", effective with the adoption of this Agreement, is
reimbursed at the rate of 23C per mile. In addition, a maximua
amount which can be paid per month i6 established by an estirsate
furnished by the employee and the employee's supervisor.
Another consideration foz establishing the maximum amount can be
' the experience of another working in the same or similar
position.
Under this plan, it is necessary for the employee to keep a
record of each trip made.
ARTICLE X�'III - NOh-DISCRIMINATION
18.1 The terms and conditions of this AGREEMENT will be applied to
employees equally Without regard to or discrimination for or against
any individual because of race, color, creed, sex, age. or because of
membership or non-membership in the ASSOCIATION.
� 18.2 Employees will perform their duties and responsibilities in a
. non-discriminatory manner as such duties and responsibilities involve
other employees and the general public.
- 19 -
.
�ARTICLE RIX - PARENTAL/MATERNITY
19.1 Maternity is defined as the physical atate of pregnancy of an employee.
commencing eight (8) IDonths before the estimated date of childbirth, as
determined by a physician� and eading six (6) months after the date of �
such birth. In the event of an employee's pregnancy� the employee may
apply for leave vithout pay at any time during the period stated above
and the Et�LOYER may approve such lesve at its option� and such leave
'ay be ao longer than one (1) year. Parental leave shall be granted to
employees foz the birth or adoption of a child in accordance with
applicable atate laws.
ARTICLE RX - SICK LEAVE
20.1 Sick leave shall be earned and gzanted in accordance with the Civil -
Service Rules.
20.2 Any employee who has enough accumulated sick leave credits may be granted
sick leave to make arrangements for household members who suddenly become
sick or disabled. In such cases, the maximum amount of sick leave that
may be granted shall be eight (8) hours for any one (1) instance� and a
maximum of twenty-four (24) hours in a calendar year.
20.3 Any employee who has accumulated sick leave credits, as provided in
the Civil Service Rules, may be granted one day of sick leave to attend
the funeral of the employee's grandparent or grandchild.
ARTICLE XXI- NO STRIKE, NO LOCKOUT �
21.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes,
work stoppages, slow-do�.ms, sit-down, stay-in or other concerted
interference with the E�LOYER'S business or affairs by any of said
ASSOCIATION and/or members thereof, and there shall be no bannering
during existence of this AGREEMENT without first using all possible
means of peaceful settlement of any controversy which may arise.
Employees engaging in same shall be liable for disciplinary action. ,
- 20 - ,
•
ARTICLE IIXII - DURATZON AND EFFECTIVE DATE
�-�ooa
22.1 Except as herein provided, this AGREEMENT shall be effective as of
� January 1, 1988, and �hall continue in full force and effect through
December 31, 1989, and thereafter unt11 modified oz amended by mutual
agreement of the parties. Either party desiring to amend or modify
this AGREEMENT shall notify the other in wziting �o a� to camply with
the provisions of the Public Employment Labor Relations Act of 1971.
22.2 This constitutes a tentative agreement between the parties which will
be recommended by the School District Negotiator, but is subject to
the approval of the Board of Education of Independent School District
No. 625 and is also subject to ratification by the ASSOCIATION.
WITNESSES:
INDEP ENT SCHOOL DISTRICT N0. 625 THE CITY OF SAINT PAUL PROFESSIONAL
II�LOYEES ASSOCIATION, INC.
�
By: By:
Sc ol Board Negoti r � Pzesident
��/�/�
�
By: �� By�
Chairman, Board of Education
� '
- 21 -
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