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87-1447 wH�TE - C�Tr CLERK - PINK - FINANCE � COUnCIl G 7 CANARV - DEPARTMEINT G I TY OF SA I NT PA LT L File NO. �/ ��/��• BLUE - MAVOR �! ou cil Resolution Presented By � ReferrediTo Committee: Date Out of Cbmmittee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifiesl, the attached 1987 Collective Bargaining Agreement between the Independent School Dlistrict �k625 and International Association of Machinists and Aerospace Workers AFL-CIO, District Lodge No. 77. � i! COUNC[LIVrEN Requested by Department o • Yeas Drew , Nays Ahse� I � Rettman �� Favo( Scheibel � �� ' __ Against BY ��" w�i�� Adopted by Councyl: Date �C'T - � �U� Form prove by otn � Certified Y•; ed b� Council Secretary BY By Appro e by Mavor. Dat C ��+! " t�3 h'707 Appr ed by Mayor for Su is ian to Council By — P��D 0 C T �� 1987 PERSONNE -LABOR RELATIONSA pEpARTMENT ��y� 1�'° _ 08179 J�M LOrtB I � ti CONTACT 1 � 298-4221 PHONE SEPTEMBE 3, 1987 DATE �, �. Q, e � ASS N NUNBER ROUTING OROER Cli .All Locations for Si nature : Department irector • 3 Director of Management/Mayor ` Finance and Management Services Director � 4 City Clerk Budget: Dire �t.or . y . City Attorn W AT WILL BE AC � Y.ED BY TAKING ACrION ON THE ATTACHED MATERIALS? (Purpose/ Rationale) : THIS RESOLUTIO APPROVES THE 1987 AGREEMENT BETWEEN THE INDEPENDENT SCHQOL DISTRICT �k625 � AND DISTRIC'� L GE N0. 77 REPRESENTING THE INTERNATIONAL ASSOCIATION OF MACHI�iISTS AND. AEROSPACE WORKE S AFL-CIO: THE CHANGES IN THE NEW CbNTRACT ARE SHOWN ON THE ATTACHED SHEET. THIS AG EMENT HAS BEEN APPROVED BY THE ST. PAUL SCHOOL BOARD. COST BENEFIT B DGETARY AND PERSONNEL IMPACTS ANTICIPATED: FINANCIAL IMPAC : NONE--APPLIES ONLY TO SCHOOL DISTRICT EMPLOYEES R�CEIVED . ��1 SEP 151987 � � � MAY01�'S OFFIGE � 0.� FINANCING SOURCE AND BUDGET ACTIVITY NUNBER CHARGED OR CREDITED: (Mayor's signa- � twre not re- Total Amount f "Transaction: quired if under " �10,000) Fund,ing Sourc : Activity Numb r: ATTACHMENTS Lis and Number All Attachments : 1 - Resolution & Attachment ' 1 - Copy for Cit Clerk 1 - Phyl'lis Byer _. . - DE RTMENT REVI CITY ATTORNEY R�VIEW � R� Yes No Co cil Resolution Required? ' Resolution Re uired? c/Yes No � Yes No In rance Required? Insurance Sufficient? Yes No �/� Yes No Ins rance Attached: (SEE •REVERSE SIDE FOR INSTRUCTIONS) Revised 12/84 • � - � •- , - � l�! ��-/�(�� INDEPENDENT SCHOOL DISTRICT 41625 BOARD OF EDUCATION ' SAINT PAUL PUBLIC SCHOOLS DATE: August 25, 1987 TOPIC: Approval of an employment agree�ent for 1987-1988 with Machinists Lodge No. 77 A. ',PERTINENT FACTS: 1) Changes in this contract are as follows: Tool Insurance and Clothing: The Employer will now provide four changes of coveralls per week. ' Legal Servicec; New language specifies the limitations on legal services provided by the Employer. Health and Life Insurance: . Employer will contribute for full-time emplovees: - for employee insurance coverage, a ma�imum of $70. ' monthly. - for family insurance coverage, a maximum of $180. monthly. . Emplo}�er will contribute for eligible half-time employees: - a maximur.; of SO% of the above amounts contributed for ', full-time employees selecting coverage in the same insurance plan. . Employer will contribute the cost of coverage for $5,000 life insurance, to terminate upon retirement. . Early Retirement ', - There is a significant change in the early retirement ' provisions, having the following effect: . One-half benefits for half-time employees retiring; . Minimum service requirement for early retirees; . Minimum service requirement for retirees at age 65; . Other specifications dealing with transition of this bargaining unit from Union-carried insurance to ', Employer-carried insurance. Safety Shoes: The Employer will pay $30. toward the cost of one pair of safer�� shoes per contract year for eligible emplo}•ees (formerly $lU, tvice per year). , Term: This new two-year Agreement is for the period July 1, 1987 (wage change effective 7-4-87) through June 30, 1989. Wages: The wage adjustment is 35C per hour in each year. - 1 - I , ' � ��-�7/c/�7 . , "') The District has six employees in this bargaining unit. j. 3) The estimated cost impact of this new Agreement has been calculated by the Office of Business Affairs as ' - $5,552. in the 1987-88 budget year and 4,683. in the 1988-89 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 the Inte�nationa L�Association of Machinists and Aerospace Workers Lodge 77 is the exclusive representative; duration of said Agreement is for the period of July 1, 1987 through June 30, 1989. , . , - 2 - I ��y��U� ! 7uly 1 , 1987 through Tune 30, 1989 Labor Agreement between ' ' s�int r��u� r�uv�ic � schoo�s INDEPENDENT SCHOOL DISTRICT 625 � and District Lodge No. ?? International Association of Machinists And Aerospace ViTorkers AFL-CIO . � � , SAIhT PAUL PL'BLIC SCHOOLS - District 625 Board of Education: Daniel B. Bostrom - Chairman Bill Carlson - Member Margo Fox - Vice Chair A1 Oertwig - Member George Janisch - Clerk Eleanor Weber - Member James S. Griffin - Treasurer • Administration: Dr. David A. Bennett - Superintendent Dr. David W. M. Frye - Associate Superintendent, Curriculum and Instruction � /��%�7 C� � ' INDEX ART1ICLE TITLE � PAGE I Recognition 1 II ' Definitions 2 III Maintenance of Standards 3 ' IV Check Off and Administrative Service Fee 3 V ' Union Rights 4 � VI Management Rights 4 VI� Discipline 5 VIII Hours, Overtime Pay 5 IX , Tool Insurance and Clothing 6 X ' Jury Duty 6 XI Legal Services 7 XI�' Mileage - Independent School District No. 625 8 XIII Insurance 9 XIU Holidays 13 XV Vacation 14 • XV� Grievance Procedures 15 XVTI Savings Clause 18 XVIII Severance Pay 19 XI� Wage Schedule 21 XX Strikes, Lockouts, Work Interference 21 XX� Sick Leave 21 XXII Maternity Leave 21 XXIII Safety Shoes 22 XX�V Duration and Effective Date 23 Appendix A A-1, A-2 I I • - ii - THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 AND • DISTRICT LODGE 4�77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. This Agreement has been entered into between Independent School District No. 625, hereafter referred to as the EMPLOYER, and District Lodge 4�77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the UNION. This AGREEMENT has as its purposes the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, ' and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of ' 1971, as amended. • • - iii - ��'� ��-��-� 7 • ARTI�LE I - RECOGNITION 1. 1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining ' agent for the purposes of establishing wages, benefits, hours, and other conditions of employment for all of its employees as outlined in the certification~ by the State of Minnesota, Bureau of Mediation Services, dated August 15, 1973, in case No. 74-PR-77-A, and as set forth below: All regular, probationary, and provisional vehicle and equipment � ' maintenance personnel who are employed by the City of Saint Paul or who have their "terms and conditions of employment" established by the governing body of the City of Saint Paul in the classifications of Audio-visual Equipment Repairman, Auto Body Repairman, Auto Body Repairman Helper, Auto Washer, ' Equipment Repairman, Fire Buildings Repairer, Fire Equipment Serviceman, Machinist, Mechanic-Welder, Parking Meter Repairman, Parts Runner, Tire Repairman, Traffic Signman, Utilityman, Utilityman I, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Maintenance Worker (Heavy), Vehicle Maintenance Worker � (Light) , Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excluding supervisory, confidential, temporary, emergency, and ' employees exclusively represented by other labor or employee organizations. • 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications ' set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Emplo�ment Relations Act to accomplish said objective. i � - � - ARTICLE II - DEFINITIONS � 2. 1 Collective Bargaining. The EMPLOYF,R will bargain collectively with the UNION with respect to rates of pay, hours, and conditions pertaining to employment for all of the employees in the unit hereinbefore set forth.- 2.2 Discrimination. The EMPLOYER will not interfere with, restrain or coerce the employees covered by this AGREEMENT because of inembership in or activity on behalf of the UNION. The EMPLOYER will not discriminate in respect to hire, tenure of employment or any term or ' condition of employment against any employee covered by this AGREEMENT because of inembership in or activity on behalf of the UNION, nor will it discourage or attempt to discourage membership in the UNION, or attempt to encourage membership in another Union. 2.3 This AGREEMENT shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the EMPLOYER. If, subsequent to this AGREEMENT, any governing body passes a provision which srall create a cost benefit for an employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. • � - 2 - �'� �� 7 i�t�� • ARTICLE III - MAINTENANCF. OF STANDARDS 3� 1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other 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 the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this � AGREEMENT. A1�TICLE IV - CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4. 1 Dues. 'The EMPLOYER agrees to deduct the UNION membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall he 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 is possible. . 4.2 Fair Share. 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 a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain , operative only so long as specifically provided by Minnesota law and as otherwise lEgal. 4.3' Administrative Service Fee. The Association agrees that an administrative fee of $6.00 per employee, per year shall be deducted by the Employer from the employee's earnings. This annual deduction � shall be made from the first paycheck received in January of each year. 4.4 , The UNION will indemnify, defend, and hold the EMPLOYER harmless against any claims and all suits, orders or judgments brought or issued against the EMPLOYER, its officers or employees, as a result of any action taken or not taken by the EMPLOYER under the provisions of this section. • - 3 - ARTICLE V - UNION RIGHTS • 5. 1 The UNION may designate employees within the bargaining unit to serve as Union Stewards. 5.2 The UNION shall furnish the EMPLOYER and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate City officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the EMPLOYER for the purpose of ineetings. ARTICLE VI - MANAGEMENT RIGHTS 6. 1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the EMPLOYER. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of � personnel. • ♦ - 4 - � ��-�y-i��7 � ARTI�LE VII - DISCIPLINE 7. 1 The EMPLOYER will discipline employees for �ust cause only. Discipline will be in the form of: a) Oral reprimand; ' b) Written reprimand; c) Suspension; d) Reduction; ' e) Discharge. 7.2 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five- (5) day preliminary suspension without pay. During said period, the employee and/or UNZON may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five- (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 7.4 Grievances relating to this Article shall be processed in accordance , with existing Civil Service procedures, except that oral and written . reprimands shall be taken up in the grievance procedure under Article XVI. ARTI'CLE VIII - HOURS, OVERTIME PAY 8. 1 ' Hours of Employment-- The normal work day and the normal work week shall be 8 hours excluding � hour for lunch in any twenty-four hour period and 40 hours in any seven-day period. , (For employees on a shift basis, this shall be construed to mean an �verage of forty hours a week.) The normal work week shall consist of five consecutive normal work days. ' 8.2 Call-in Pay-- When an employee is called to work, he shall receive two hours' pay if not put to work. If tba is calaed to work and commences work, he shall be guazanteed four tnours' pay. These provisions, � however, sha11 not be effect�ve when work is unable to proceed because of adverse Weather eonditions. 8.3 ' Qvertime-- Time on the payroll in excess of the normal hours set forth above shal.l be "overtime work" and shall be done only by order of the head of the department. i 8.4 , An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis � or by being paid on a time-and-one-half basis for such overtime work. , The basis on which such overtime shall be paid shall be determined solely by the EMPLOYER. The overtime rate of one-and-one-half shall � be computed on the basis of 1/80th of the biweekly rate. � , - 5 - ARTICLE IX - TOOL INSURANCE AND CLOTHING � 9.1 The EMPLOYER will provide four changes of coveralls per week in accordance with existing practices. 9.2 The II�iPLOYER agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the EMPLOYER'S premises and in such places as EMPLOYER shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven • theft from the EMPLOYER'S premises. ARTICLE X - JURY DUTY 10.1 Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the EMPLOYER shall be paid his regular pay while he is so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the EMPLOYER and be deposited with the Employer Business Office. 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 is required to appear in court as a juror or witness. • � - 6 - (��7-��7 ARTICLE XI - LEGAL SERVICES • 11. 1 Except in cases of malfeasance in office or willful or wanton neglect , of duty or indifference to rights of others, the EMPLOYER shall defend, save harmless, and indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts ' or omission occurring in the performance or scope of the emplo}�ee's duties. ' 11.2 Notwithstanding the provisions of Subd. 11. 1, the EMPLOYER shall not be requirQd to defend or indemnify any employee against personal � liability or damages, costs or expense (a) resulting from a claim, ' suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate ' actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was , actually commenced) brought, made or instituted by such employee. 11.3 Notwithstanding the provisions of Subds. 11. 1 or 11.2, the EMPLOYER ' may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out , of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. • 11.4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and ' (2) a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the EMPLOYER by giving written notice thereof to the EMPLOYER'S General Counsel. • ' - 7 - ARTICLE XII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 � 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authoriz�ation from the District Mileage Committee utilizing one of the following plans: PLAN "A", effective with the adoption of this Agreement, is reimbursed at the rate of 23� per mile. In addition, a maximum amount which can be paid per month is established by an estimate � furnished by the employee and the employee's supervisor. Another consideration for establishing the 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. PLAN "C" provides for reimbursement based on a per month "lump su—m ount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount for • each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for a holiday. . - 8 - �`,��7-/��7 ART�CLE XIII - INSURANCE � 13. 1 The employer will continue for the period of this Agreement to provide for employees such health and life insurance contributions as are j provided by the employer at the time of the execution of this ' Agreement. 13.2 For each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $70.00 per month, whichever is less. � II For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $180.00 per month, whichever is less. , 13.3 For the purpose of this Article, 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. 13.4 For each eligible employee covered by this Agreement who is employed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty per cent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. • For each half-time employee who selects family insurance coverage, the Employer will contribute fifty per cent (50�) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least 20 hours but less than 32 hours per week or at least 4Q hours but less than 64 hours per pay period excluding overtime hours. 13.5 For each eligible emp�oyee the Employer agrees to contribute the cost of $5,000 of life insurance coverage. This life insurance coverage ,will terminate upon retirement. � 13.6 The Employer will for the period of this Agreement provide for full-time employees who retire after the time of execution of this Agreement and until such employees reach sixty-five (65) years of age such health insurance contributions as are provided by the Employer for active employees under this Agreement. 13.7 The Employer will for the period of this Agreement provide for half-time employees who retire after the time of execution of this Agreement and until such employees reach sixty-five (65� years of age such health insurance contributions as are grovided by the Employer for half-time employees under this Agreement. • '' - 9 - Article XIII - Insurance (continued) � 13.8 Notwithstanding Subds. 13.6 and 13.7, the Employer will for the period of this Agreement contribute for full-time employees who retire after June 29, 1987, and who select the Blue Cross health insurance plan provided by the Employer and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $106.32 per month, whichever is less. For such retirees selecting family coverage, the Employer will contribute the cost of such family coverage or $284.12 per month, . whichever is less. For half-time employees who retire and who select the Blue Cross health insurance plan provided by the Employer and until such retirees reach sixty-five (65) years of age, the Employer will contribute fifty per cent (50%) of such health insurance contributions as are provided by this Subd. 13.8 for full-time employees who retire. 13.9 Employees who retire after the execution of this Agreement must meet the following conditions in order to be eligible for the Employer's contributions to health insurance set forth in Subds. 13.6, 13.7, and 13.8: 13.9.1 Be receiving benefits from a public employee retiree act covering employees of the Employer at the time of . retirement -AND- 13.9.2 Have severed his relationship with the Employer under one of the early retiree plans. 13. 10 Effective January 1, 1988, in addition to meeting the eligibility requirements stated in 13.9. 1 and 13.9.2 above, retiring employees must also meet one of the following conditions in order to be eligible for the early retiree insurance benefits set forth in Subds. 13.6, 13.7, and 13.8: 1. Must be at least 58 years of age and have completed 25 years of employment with the Employer -OR- 2. The combination of their age and their years of service must equal eighty-five (85) or more -OR- 3. Must have completed at least thirty (30) years of service. 13.11 Effective January 1, 1988, full-time employees who retire and who meet the conditions set forth in 13.9.1 and 13.9.2 but who meet none of the conditions set forth in 13.10, shall be eligible only for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. • - 10 - G�-- ,�-��`'� Article XIII - Insurance (continued) � Combination of Age Contribution for Contribution for and Years of Service Single Coverage Family Coverage 84 90� 90°G 83 _ 80% 80� ', 82 70% 70y 81 60� 60% ' 80 SOY SO%. 13.12 For employees who retire at the age of 65 or older or early retirees upon reaching age 65 and who have completed at least twenty years of service at the time of their retirement, the ' Employer will provide health insurance contributions toward such health insurance plans as provided by the Employer for retirees , 65 years of age or older. For such employees or early retirees who have not completed at least twenty (20) years of service at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. 13.1',3 A retiree may not carry his/her spouse as a dependent if such • spouse is also a District retiree or District employee and eligible for and is enrolled in the District health insurance ' program. 13. 1�+ Effective August 1, 1987, employees eligible for insurance coverage may select coverage only from the following insurance plans: ' Blue Cross-Blue Shield--CMM Group Health , Physicians Health Plan--Combination Plan. 13. 15 The contributions indicated in this Article 13 shall be paid to the Employer's Group Health and Welfare Plan. 13.16 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated � in this Article 13 shall be paid by the employee. 13. 1� All retirees who retired after December 31, 1981, who are sixty-five (65) years of age or older will continue to be covered ' by the Union's Insurance Plan subject to the rules of Lodge 77's Health and Welfare Fund at no cost to the Employer. • - 11 - Article XIII - Insurance (continued) � The Employer will continue to provide insurance contributions for early retirees who retired after Dece`mber 31, 1981, and who are currently covered by the Union's Health Insurance Plan until such early retiree reaches sixty-five (65) years of age. Upon reaching age sixty-five (65) , the Employer's contribution will be discontinued; however, early retirees shall continue to be covered by the Union's Health Insurance Plan at no cost to the Employer. Such continued coverage shall be subject to the rules of Lodge 77's Health and Welfare Funds. 13.18 Employees who retired on or after June 30, 1987, shall be covered - by the provisions of this Article 13. • • - 12 - '� (;c �7-��/�/y AR�ICLE XIV - HOLIDAYS � 14.1 Holidays Recogr.ized 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 _ Christmas Day T�ao floating holidays. Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the Iholidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be ' observed as the holiday. 14.2 The floating holidays set forth in Section 14.1 above may be taken at ' any time during the contract year, subject to the approval of the • department head of any employee. 14.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee s r.ame 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 ar_d on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretafore eligible shall receive holiday pay. 14.4 In the case of Board of Education Employees, if Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the Employee shall work that day at straight time and another day shall be designated as the holiday. . , This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and the supervisor. � - 13 - I ARTICLE XV - VACATION � 15. 1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Servfce Vacation Granted Less than 8 years 15 days After 8 years through 15 years 20 days After 15 years and thereafter 25 days. 15.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 15.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximum number of days' vacation allowed by the conversion of sick • leave credits shall be no more than five days in any one year so that the maximum vacation time which may be taken in any one year shall be forty days including the regular vacation period. • - 14 - I � _ �c��7 �,��7 A�tTICLE XVI - GRIEVANCE PROCEDURES � 16. 1 The EMPLOYER shall recognize stewards selected in accordance with UNION rules and regulations as the grievance representative of the , bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 16'.2 It is recognized and accepted by the EMPLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a ' grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 16,3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article VII, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. Grievances shall be resolved in conformance with the following procedure: • SteP I. Upon the occurrence of an alleged violation of this � AGREEMENT, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the UNION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) calendar days of the first occurrence of the event giving rise to the - grievance or within the use of reasonable diligence should have had knowledge of the €irst occurrence of the event giving rise to the grievance, shall be ' considered waived. � - 15 - Article XVI - Grievance Procedures (continued) � SteP 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve 'the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) calendar days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the EMPLOYER'S ' written answer. Any grievance not referred in writing by the UNION within seven (7) calendar days following receipt of the EMPLOYER's answer shall be considered waived. SteP 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the EMPLOYER shall reply in writing to the UNION stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the • UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION to Step 4 within seven (7) calendar days following receipt of the EMPLOYER'S answer shall be considered waived. SteP 4. If the grievance remains unresolved, the UNION may within seven (7) calendar days after the response of the EMPLOYER in Step 3, by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the EMPLOYER and the UNION within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within 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 UNION shall ' have the right to strike two (2) names from the panel. The UNION 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. � - 16 - C�,��I-�� Ar�ticle XVI - Grievance Procedures (continued) � 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted �, in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall b�e 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 decisian shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the � parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation ' or application of the express terms of this AGREEMENT and to the facts � of the grievance presented. The decision of the arbitrator shall be ' final and binding on the EMPLOYER, the UNION, and the employees. 16.5 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. 16.6 The time limits in each step of this procedure may be extended by ' mutual agreement of the EMPLOYER and the UNION. • , ; � - 17 - ARTICLE XVII - SAVINGS CLAUSE � 17.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGREEMENT shall hold 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 provision shall be voided. All other provisions shall continue in full force and effect. • � - 18 - ;��7-�� ARTICLE XVIII - SEVERANCE PAY • 18. 1 The Employer shall provide a severance pay program as set forth in this Article. 18.� To be eligible for the severance pay program, an employee must meet the following requirements: 18.21 The employee must be 58 years of age or older or must be eligible for pension under the "rule of 90" provisions of , the Public Employees Retirement Association (PERA). ' ' 18.22 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. 18.23 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. 18.24 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. 18.25 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation fr�m service. 18.3 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 subject to a maximum of 200 accrued 'sick leave days. ' 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. � 18.5 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. . �' - 19 - Article XVIII - Severance Pay (continued) � 18.6 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. 18.7 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. 18.8 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where " the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, � the provisions of this Article shall control. 18.9 The provisions of this Article shall be effective as of January 1, 1986. 18. 10 Any employee hired prior to December 31, 1983 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, 1983 shall be entitled only to the benefits of this Article upon meeting the qualifications herein. 18.11 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. . - 20 - �� ,�7-��7 ARTICLE XIX - WAGE SCHEDULE • 19. 1 The wage schedule for purposes of this contract shall be Appendix A, , attached hereto. 19'.2 The Vehicle Mechanic Leadworker rate will be 25C per hour higher than , the Vehicle Mechanic rate. ARTICLE XX - STRIKES, LOCKOUTS, WORK INTERFERENCE ' 20�1 The UNION and the EMPLOYER agree that there shall be no strikes, work stoppages, slowdowns, sitdown, stay-in, or other concerted interference with the EMPLOYER'S business or affairs by any of the said UNION and/or the members thereof, and there shall be no bannering during the 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. ARTICLE XXI - SICK LEAVE 21.'1 Sick Leave with Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed � or engaged in any occupation for compensation outside of his regular City employment. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. ARTICLE XXII - MATERNITY LEAVE 22. 1, Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an • employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the EMPLOYER may approve such leave at its option, and such leave may be no longer than one (1) ' year. • I� ' - 21 - I ARTICLE XXIII - SAFETY SHOES � 23.1 The EMPLOYER agrees to pay $30.00 toward the cost of a pair of safety shoes purchased by an employee who is a member of this unit. The EMPLOYER shall contribute toward the cost of one pair of shoes per contract year and shall--not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $30.00 shall be made only after investigation and approval by the immediate supervisor of that employee. This $30.00 Employer contribution shall apply only to those employees who � are required to wear protective shoes or boots by the Employer. � • - 22 - I �it-'��^7- ��/� ARTICLE XXIV - DURATION AND EFFECTIVE DATE ` 24'. 1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and comp-letely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policies or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not , inconsistent with this Agreement, the Civil Service Rules shall - continue to be in effect. � 24.,2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through June 30, 1989. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board, the Administration of the City, and is also subject to ratification by the Union. • WITh1ESSES: IIv'D$PENDENT SCHOOL DISTRICT N0. 625 DISTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF ' MACHINISTS AND AEROSPACE WORF�ERS, ' AFL-CIO BY: � .��e�'�-i C. � gy• - . �� .�--`� �� . �Scho 1 Board Negotia Business Manager � . �- a � � � � -- , � _ �� Date ' Date �� /�".��%� ' � BY: BY: t rr�y Chairman, Board of Education Z' �! � � _ �� -i� -� � Date Date - 23 - �-�7-/r��/7 APPENDIX A � The wage rates and salary ranges for classifications in this unit are shown be�ow: EFFECTICE EFFECTIVE JULY 4, 1987 JULY 3, 1988 Au�o Body Repairman $15.00 $15.35 Ma�hinist 15.00 15.35 MeGhanic-Welder 15.00 15.35 : Tire Repairman 14.44 14.79 Vehicle Mechanic 15.00 15.35 Veh'icle Mechanic Leadworker 15.28 15.63 Welder 15.00 15.35 Welder Leadworker 15.28 15.63 Auto Body Repairman Helper: Starting 60� of Auto Body Repairman Rate after 6 months 651' of Auto Body Repairman Rate after 1 year 70� of Auto Body Repairman Rate after 2 years 75� of Auto Body Repairman Rate • after 3 years and thereafter 80% of Auto Body Repairman Rate. EFFECTIVE EFFECTIVE JULY 4, 1987 JULY 3, 1988 START 6 MOS. START 6 MOS. Aud;io Visual Equipment Repairman $12.74 $13.46 $13.09 $13.81 Auto Washer 10.02 10.53 10.37 10.88 Equ�.pment Repairman 12.27 12.97 12.62 13.32 Fire Buildings Repairer 12.27 12.97 12.62 13.32 : Fir� Equipment Serviceman 12.27 12.97 12.62 13.32 Parking Meter Repair Worker 12.27 12.97 12.62 13.32 Tratfic Sign Worker 12.27 12.97 12.62 13.32 *Uti]�ityman 12.27 12.97 12.62 13.32 UtiTityman I 11.34 11.97 11.69 12.32 Vehi,cle Maintenance Worker (Heavy) 12.27 12.97 12.62 13.32 Vehi'cle Maintenance Worker (Light) 11.34 11.97 11.69 12.32 � - A1 - Appendix A (continued) � EFFECTIVE JULY 4, 1987 EFFECTIVE JULY 3, 1988 � START 6 MOS. 1 YR. START 6 MOS. 1 YR. Food Service Equipment $8.23 $8.49 $8.81 $8.58 $8.84 $9. 16 Specialist Helper Parts Runner 7.17 7.97 8.81 7.52 8.32 9. 16 Communications 8.03 8.29 8.81 8.38 8.64 9.16 Technician Helper Vehicle Mechanic Trainee First 2,000 hours 60X of the Vehicle Mechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70� of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sixth 1,000 hours 80� of the Vehicle Mechanic base rate Seventh 1,000 hours 85X of the Vehicle Mechanic base rate Eighth 1,000 hours 90X of the Vehicle Mechanic base rate. • The above July 4, 1987 rates represent a $0.35 per hour increase over the July 5, 1986 rates. The above July 3, 1988 rates represent a $0.35 per hour increase over the July 4, 1987 rates. � - A2 -