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87-1211 WNITE - C�TV CLERK PINK - FINANCE G I TY O F SA I NT PA LT L Council A CANARV - DEPARTMENT /-/ BLUE - MAVOR File NO. • /�/ C uncil Resolution ;��----�� i Presented By _ Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1987 Collective Bargaining Agreement between the Independent School District 4k625 and School Service Employees Local No. 284 representing Cook Managers. COUNCILMEN Requested by Department of: Yeas preW Nays � �'j"°"�" [n Favor Rettman Scheibel � �,� __ Against BY � reae�,..,j,(��f p/� �c/�•�. Wilson AUG a 9 1987 Form A proved y 'ty t orney Adopted by Council: Date I Certified P•s unci , c r BY By � Approve Vlavor: Dat _ AUG Z O �� Approve Mayor for Submiss' to ncil BY - - BY Pt1�1S�D r,�.�G 2 9 198T_-- Personnel - Labor Relations pEpA�2TMENT ° �Y�j� �� N° _ 081�4 . � .fim Lombardi T,j CONTACT � 298-4221 PNON�E July 23. 1987 'DATE' �� ,. Qi ASSI N NU�BER FOR RO.UTING ORpER C1 i Al l Locations for Si nature : Department Director � Director of Management/Mayor Finance. and Management Services DireCtor � 4 C9ty Clerk Budget. Director � City A�torney � M�HAT WILL BE ACHIEVED BY TAKING ACTION .ON THE ATTACHED NIATERIALS? (Purpo�e/ Rationale}� This resolution approves the 1987 Agreement between the Independent School District �k625 and S.E.I.U. Local 284 representing Cook Managers. The changes in the new contraet are shown`�on the attached sheet. This Agreement has been approved by the St. Paul . School Board. : �'�'��` . . �` COST/BENEFIT, BUDGETARY AND PERSONNEL IMPACTS ANTI�IPATED: � RECEIVED � Financial Impact: None - applies only to School District employees. �� 3 0 1987 � MA�fO�'S OffICE . FINANCING SOURCE AND BUDGET ACTIVITY NWMBER CHARGED OR CREDITED: (Mayor's signa- _ ture not re- Total Amount of "Transactioh: quired if. under � $10,000) Fun,ding Source: Activity Number: • ATTACHMENTS (List and Number All Attachments) : C `r 1 - Reso�ution � �G�G' v �D 1 - Copy for City Clerk � - Pnyii�s syers : � JUL 28 19$7 CITY ATTORNEY D�TMENT REVIEW CITY ATTORNEY REVIEW '�Yes �.,�o Council Resolution Required? ' Resolution Required? Yes No Yes V No Insurance Requir.�d? t Insurance Suff`icient? Yes No Yes l�No Insurance Attached: � (S�E •REVERSE SIDE FOR IMSTRUCTIONS) Revised 12/84 , f--�f��1/ . ;, � . .°� 98 . ._ • . � � ' � INDEPENDENT SCHOOL DISTRICT #625 BOARD OF IDUCATION . SAINT PAUL PUBLIC SCHOOLS - � DATE: May 19, 1987 TOPIC: Approval of an employment a reement for 1987 with School Service Em�loyees Local No. 284, exclusive representative for Cook Managers A. PERTINENT FACTS: 1) Changes in this contract are as follows: - Insurance: Effective January 1, 1987, the Employer's maximum premium contribution for health insurance coverage will be increased to $75. monthly for employee coverage and $90. monthly for dependent coverage. - Wa es: . July 1, 1987 - Cook Manager I and II titles are consolidated at the II level (affects one position). . Pay rate increases occur effective December 20, 1986, and July 1, 1987. . The wage increase effective July 1, 1987, provides the first half-year of compensation ad�ustment based on the district's comparable worth study and implementation plan. - This new Agreement is for the period December 20, 1986 through December 18, 1987. 2) The District has 12 employees in this bargaining unit. 3) The estimated cost impact of this new Agreement has been calculated by the School Food Service Department as: $7,190. in the 1986-87 budget year and $15,020. in the 1987-88 budget year. 4) Requested by Phyllis E. Byers, Negotiator. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom School Service Employees Local 284 is the exclusive representative; duration of said Agreement is for the period December 20, 1986 thzough December 18, 1987 , contingent upon signature of the Agreement by the Union representative. ��C"�� %?i/ � !� �1, AGEND_A _MATER IAL � �.�,�j� ° — ---------------------____ �'��L� __ .. . .._ . .. . --- - -- -----.. --- --- - - ;_ �';�;� { i98I COUNCIL ID�� DATE RECEIVED t�,�n A HEIBcL AGENDA DATE AGENDA ITEM �� SUBJECT � � ,�c.,,� ��-�t" �� -"'Z� ��.. , 5� ORIGINATOR ,.j//.�r��,e fJ �� CONTACT p� �� /� � 2 � � , � RESEARCH STAFF ASSIGVED � l'� DATE SENT TO CLERK �/S� COUNCIL ACTION .MASTER FILE INFO AVAILABLE r r ' � ;-�, � � � , � ORD'�RESOL.�� D,ATE FILE CLOSED � �. ' , 1 .. : � ��/�f/ � CONTENTS NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT � Article I. Definition of Agreement. . . . . . . . . . . . . . . . . . . 1 , II. Recognition. . . . . . . . . . . . . . . . . . . . . . . . . 1 III. Check Off - Fair Share . . . . . . . . . . . . . . . . . . . 2 IV. Maintenance of Standards . . . . . . . . . . . . . . . . . . 2 V. Grievance Procedure. . . . . . . . . . . . . . . . . . . . . 3 VI. Non-discrimination . . . . . . . . . . . . . . . . . . . . . 6 VII. Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . 7 VIII. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . 8 IX. Hours - Overtime . . . . . . . . . . . . . . . . . . . . . . 9 X. Vacations. . . . . . . . . . . . . . . . . . . . . . . . . . 9 ! XI. Lunch Break. . . . . . . . . . . . . . . . . . . . . . . . . 9 XII. Civil Service Examinations . . . . . . . . . . . . . . . . . 9 XIII. Layoff Notice. . . . . . . . . . . . . . . . . . . . . . . . 9 XIV. Insurance Benefits . . . . . . . . . . . . . . . . . . . . .10 XV. Severance Pay. . . . . . . . . . . . . . . . . . . . . . . .11 XVI. Working Conditions . . . . . . . . . . . . . . . . . . . . .13 XVII. Court Duty . . . . . . . . . . . . . . . . . . . . . . . . .14 XVIII. Sick Leave Conversion. . . . . . . . . . . . . . . . . . . .14 XIX. Health Insurance Provision for Retirees. . . . . . . . . . .14 . XX. Discipline and Discharge . . . . . . . . . . . . . . . . . . 15 XXI. Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . .16 , XXII. Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . .17 XXIII. Wage Scale . . . . . . . . . . . . . . . . . . . . . . . . .17 XXIV. Duration of Agreement. . . . . . . . . . . . . . . . . . . .17 Appendices A. Vacation B. Wage Scale . - ii - ��i� • ARTICLE I - 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 Public Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. • SECTION 2. PURPOSE: The purpose of this Agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE II - RECOGNITION SECTION 1. The Board of Education recognizes Local No. 284 as the certified exclusive representative for the following unit: � All food service personnel in the classifications of Cook Manager I, Cook Manager II, Cook Manager III, Food Preparation Supervisor, Quality Control Assistant, and School Lunch Coordinator employed by Independent School District No. 625 whose terms and conditions of employment are established by the City of Saint Paul Personnel Office, who are employed for more than 14 hours per week and more than 67 work days per year, excluding all other employees. 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 the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section 1 of this Article, • that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. • - 1 - ARTICLE III - CHECK OFF - FAIR SHARE . 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 individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the ' Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed 85Y 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 85% 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 City and School District harmless against any claims made and against any suits instituted, and any orders or judgments issued against the City and School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE IV - MAINTENANCE OF STANDARDS - SECTION 1. ' The City agrees that all conditions of employment relating to 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 Rules of the City of Saint Paul (Resolution No. 3250) and Resolution 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. • - 2 - �;'��,�,��r ARTICLE V - GRIEVANCE PROCEDURE • SECTION 1. This grievance procedure is established to resolve any specific dispute between the employee and the City or School District concerning, 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 of 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 ad�ustment or . settlement shall not be inconsistent with the terms of the Agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to • the Employer during normal working hours provided that the employee and the 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 limitation 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 application 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 reasonably 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 Superintendent's representative) shall attempt to ad�ust the complaint at that time. � - 3 - Article V - Grievance Procedure (continued) _ . 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 shall be within ten (10) working days of the receipt of the written grievance by the Director of School Food Service. A reply shall be given to the employee 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. 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 based, the provision or provisions of the Agreement allegedly violated, 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 shall be presented by the employee and � the Union and discussed with the Superintendent of Schools or his • representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shall give the Union the Employer's Step 3 answer in writing within 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 Employer's 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 mutually-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, nullify 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 Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. � - 4 - ��7�/ Article V - Grievance Procedure (continued) • 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 solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance , presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 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. If 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 last 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. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under the provisions of the Rules and Regulations of Civil Service. It is further understood that if a specific grievance is submitted and determined by the grievance procedure under the Civil _ Service Rules and Regulations, it shall not again be submitted for review and arbitration under the procedures set forth in this Article. . - 5 - ARTICLE VI. NON-DISCRIMINATION — • SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or nonmembership, or because of race, color, sex, religion, national origin or political opinion or affiliations. . • • - 6 - �'c-�/�// ARTICLE VII. HOLIDAYS • SECTION 1. Regular or provisional employees in the bargaining unit shall be granted holidays off with pay provided, however, that their names have appeared on the payroll on any six working days of the nine working days preceding the holiday, or on the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall a holiday be counted as a working day; holiday pay is assured for the Labor Day, Christmas Day, and New Year's Day holidays, for any active and regularly-working employee. The following days are declared to be the holidays: New Year's Day January 1 � Martin Luther King Day Third Monday in January Washington's and Lincoln's Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September � Christopher Columbus Day Second Monday in October Veterans' Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day 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 school is not in session, as a paid holiday. All employees will be � expected to work on all days when school is in session, except when on approved leave. � In addition, a floating holiday is to be granted subject to prior approval of the employee's supervisor. To be eligible for the floating holiday, a regular or provisional employee must work at least an equivalent of four full biweekly pay periods (320 hours). Regular or provisional employees who work an equivalent of thirteen full biweekly pay periods (1,040 hours) shall receive an additional floating holiday. Holiday pay will be paid on the basis of the employee's regularly-scheduled number of hours in the work day. � - 7 - ARTICLE VIII. SICK LEAVE • SECTION 1. Sick leave is provided in accordance with the specifications of Civil Service Regulations. � � - 8 - ��7/�� ARTICLE IX. HOURS - OVERTIME • SECTION 1. HOURS: This section is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normal work day shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shall be an average of forty (40) hours of work. SECTION 2. OVERTIME: Overtime is to be paid for at the rate of time and one-half (1'�) for all work in excess of an eight (8) hour work day, - or for time on payroll, or for hours in excess of forty (40) hours per week. ARTICLE X. VACATIONS SECTION 1. Vacations shall be earned by eligible employees on the basis of the Civil Service formula stated in Appendix A attached. • ARTICLE XI. LUNCH BREAK SECTION 1. Al1 employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. . ARTICLE XZI. CIVIL SERVICE EXAMINATIONS • SECTION 1. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no later than five (S) working days before the closing date for examination. ARTICLE XIII. LAYOFF NOTICE SECTION 1. � Whenever possible, two (2) weeks' notice shall be given any employee laid off. - 9 - ARTICLE %IV. INSURANCE BENEFITS � SECTION 1. HOSPITALIZATION AND LIFE INSURANCE: Health and Welfare benefits shall be provided under the plan carried by the City of Saint Paul and Independent School District No. 625 for Civil Service personnel. Subd. l. The Employer will attempt to prevent any changes in the benefits offered by the Health Maintenance Organizations plan. However, employees selecting one of the plans offered by one of the Health Maintenance Organizations agree to accept any changes in benefits which the specific Health Maintenance Organization implements. SECTION 2. Subd. 1. Effective January 1, 1987, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $75.00 per month � for each employee who is eligible for such coverage. Subd. 2. In addition, effective January l, 1987, for each eligible employee who elects dependent coverage, the Employer will contribute up to $90.00 per month. Subd. 3. The Employer agrees to contribute to the cost for $S,OOO of life insurance coverage up to $3.30 per month for each employee who is eligible for such coverage. Subd. 4. Effective January 1, 1986, the Employer agrees to contribute up • to $14.00 per month to the premium cost for a dental plan selected by the Employer, for each employee who is eligible for such coverage. Subd. 5. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. • - 10 - ��/�� • ARTICLE XV - SEVERANCE PAY 15.1 The Employer shall provide a severance pay program as set forth in this Article. 15.2 To be eligible for the severance pay program, an employee must meet the following requirements: 15.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" or the "rule of 85" provisions of the Public Employees Retirement Association (PERA). The "rule of 90" or the "rule of 85" - criteria shall also apply to employees covered by a public pension plan other than PERA. - 15.22 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 15.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of • this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten- (10) year service requirement. 15.24 The employee must file a waiver of re-employment with the Director of Personnel, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 15.25 The employee must have accumulated a minimum of sixty • (60) days of sick leave credits at the time of his separation from service. � 15.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to 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 sub�ect to a maximum of 200 accrued sick leave days. 15.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. • - 11 - Article XV - Severance P� (continued) _ � 15.5 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. 15.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 15.7 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. . 15.8 This severance pay program shall be sub�ect to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 15.9 The provisions of this Article shall be effective as of January l, 1985. . 15. 10 Any employee hired prior to December 31, 1984 may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1984 shall be entitled only to the benefits of this Article upon meeting the qualifications herein. 15. 11 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this Article if such . employee is also eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 19, 1983. • - 12 - �,�-�>i��i ARTICLE XVI. WORKING CONDITIONS • SECTION 1. EMERGENCY CLOSINGS: 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 ordered by the Food Service Director to attend Food Service workshops shall be reimbursed for the tuition of the workshop and the normal hourly rate for the time spent in the workshop. SECTION 3. MILEAGE: When an employee is required and authorized by the . proper supervisor to use his or her personal vehicle in the interest of the Employer (i.e. , trips to the bank, grocery store, etc.), mileage reimbursement will be paid at the current School District rate, and b_y the approval of the Food Service Director. SECTION 4. WORKING OUT OF CLASSIFICATION: Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during • any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance 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-of-class assignment shall be the same rate the employee would receive if he/she were promoted to the higher classification. . SECTION 5. WORK IN ADVANCE OF SCHOOL YEAR: In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the work force, the manager will make the arrangements from . a school district facility as assigned, and will be paid the regular contract rates for the assigned duty time. • - 13 - ARTICLE XVII. COURT DUTY • SECTION 1. Any employee who is required to appear in court as a �uror or as a subpoenaed witness shall 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 employee 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 normal daytime shift during such time as he/she is required to appear in court as a �uror or witness. ARTICLE XVIII. SICK LEAVE CONVERSION SECTION 1. Accumulated sick leave in excess of 180 days may be converted to vacation at the rate of 2 days' sick leave for 1 day vacation up to a maximum of 5 days' vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. ARTICLE XIX. HEALTH INSURANCE PROVISION FOR RETIREES • SECTION 1. The Employer will provide paid health insurance for those who retire prior to age 65, and who are receiving a PERA pension, provided they are eligible and covered at the time of retirement, to be continued to age 65. This provision shall be applicable to any employee who retired on or after July 1, 1973, except that prior to January 1, 1974, the Employer will not be responsible for premiums. The employee must apply for this coverage prior to the date of retirement in order to receive the benefit. , . - 14 - ��ii ARTICLE XX. DISCIPLINE AND DISCHARGE • SECTION 1. The Employer shall have the right to impose disciplinary actions on employees for �ust cause. SECTION 2. Disciplinary actions by the Employer shall include only the following actions: (1) Oral reprimand � (2) Written reprimand , (3) Suspension (4) Demotion (5) Discharge. SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed by the Civil Service Commission or a designated Board of Review. The Civil Service Commission, or a designated . Board of Review, shall be the sole and exclusive means of reviewing a • suspension, demotion or discharge. No appeal of a suspension, demotion or discharge shall be considered a "grievance" for the purpose of processing through the provisions of ARTICLE V. (GRIEVANCE PROCEDURE). SECTION 4. Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During the five (5) day period, the Employer may affirm the suspension and discharge in accordance ' with the Personnel Rules or may modify, or withdraw same. • - 15 - ARTICLE XXI. LEAVES SECTION 1. LONG-TERM LEAVES WITHOUT PAY: Leaves of absence may .be � requested, on the basis specified in Civil Service Regulations. Effective July 1, 1976, the Food Service Director will reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. 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 will 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 leave 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 days' notice shall occur thirty days before the beginning of such vacation period, providing the request was received at least fifteen (15) days earlier. Subd. 3. Eight (8) such leaves shall be made available by the Employer in • each school year, for the entire department (i.e. , for Cook Managers and Food Service Personnel combined). Four of the eight leaves available shall be reserved for employees who have worked for the Food Service Department for at least five years. The other four leaves will be available to employees on the basis specified in this Article. Subd. 4. No more than two such leaves will be granted during the month of January and no more than two leaves will be granted during the month of February each year. • - 16 - ��?-i��r ARTICLE XXII. UNIFORMS � SECTION 1. _ Employees will be provided two new uniforms per school year by the Employer; employees who are assigned a twelve-month work year, rather than the school year, will receive three new uniforms per year. Selection of uniforms is the Employer's option. Subd. 1. A new employee must have worked at least thirty (30) working days in a forty-five (45) working day period before receiving the three uniforms supplied for start up by the Employer. Subd. 2. An employee who has received uniforms and then terminates ' employment for any reason after less than six (6) full months of active employment, is obligated to return the uniforms to the School Food Service. If the uniforms are not returned, 902 of their costs will be deducted from ` the final paycheck of the terminating employee. ARTICLE XXIII. WAGE SCALE See Appendix B. ARTICLE XXIV. DURATION OF AGREEMENT This Agreement shall be in full force and effect from December 20, 1986, � � through December 18, 1987, and shall automatically be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public 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 least ninety (90) days prior to the termination date set forth herein. . - 17 - ��_��i COOK MANAGERS I, II, AND III AGREEMENT • THIS AGREEMENT IS BY AND BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 AND SCHOOL SERVICE EMPLOYEES LOCAL N0. 284, S.E.I.U. , AFL-CIO, ON BEHALF OF COOK MANAGERS I, II, AND III. In full settlement of 1987 negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is undezstood that this settlement shall be sub�ect to approval and adoption by the Board of Education of INDEPENDENT SCHOOL DISTRICT N0. 625 as well as ratification by the UNION. � Independent School District No. 625 School Service Employees Local No. 284, S.E.I.U. , AFL-CIO � f�'�. ,�'�� -�- , , � - Negot ator Bu presentative �.� � � / C �'' � , � , . � � , � � ,� � �, • Date Steward � � �,�� h��` 2 61987 Chairman, Board of Education Date MAY 2 919g7 , Date � - 18 - C��ia%i Appendix A • Regulation Effective 1-5-74 Vacation for Less Than a Full Year For the purpose of computing the amount of vacation an employee who is eligible for twenty-one days after 15 years of service and twenty-two days after 25 years of service has earned, the following shall apply: Hours of Vacation Earned Years of Service Per Hour on Payroll First Five Years .0384 After Five Years .0576 After Fifteen Years .0806 After Twenty-five Years .0845 Round off to the nearest hour. • Example: If an employee with three years of service appeared on the payroll for 1,680 hours in 1972, he will have earned (1,680 x .0384) 64.51 hours of vacation. 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