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84-450 WHITE - CI7V CLERK 1 PINK - FINANCE COIIRCII ��[J CANARV - OEPARTMENT GITY OF SAINT PAUL File NO. � ~ •� �� BLUE - MAVOR � Cou cil Resolution Presented By �Referred To �� h��-� Commi ttee: Date 3� ��g"� Out of Committee By Date RESOLVED, that the Couacil of the City of Saiat Paul hereby approves aad ratifies the attached Collective Bargaiuiag Agreemeats between the Iadependent School District No. 625 aad the Bargaining Uaits listed below: Professional Employees Association Interaatioaal Unioa of Operating Eagiaeers, Locals 36 & 967 St. Paul Maaual & Maiatenaxtce Supervisors Association School Service Employees, Local No. 284 Approved: � � Chairman, Civ Service Co�ission COUIVCILMEN Requested by Department of: Yeas Nays F�etcher PERSONNEL OFFICE °'ew In Favor Masanz Nicosfa ;�.' Scheibel � __ Against BY Tedesco Wilson �►f� ' �J W� Form A by ity orne Adopted by Council: Date r Certified Ya d y nc'I S a BY By Appro e b �Navor. Dat A R� 0 198� App v y Mayor for Subm s i n to �ouncil BY BY �UBLISHED qpR 1 41984 ti ,`'`y^:�-�.\. Cz�Y oF SAIN�r P1�vr_. ��,�-o �`'_ • -�•�. � � � ` _`�- �%�` � ' or��ICI: OF TFII�: CITY COIIICIL tr�l .:��,-.;1 r:�� y•c <L��...t�.�;=:i i/ •`, -=_ :� ' D a f e ; March 29, I984 , ' � ��>� .�» c�""' ..`'- �� t COMMtTTEE RE PORT . . ; , TO = Sa �nt Pau 1 C�ity Councit � - - ' � F R 0 � = C o m m i r�e e O h FINANCE, MANAGEMENT � PERSONNEL � t z CHAIR James Scheibel � � t _ E . . � � � Approval of minutes from meeting held biarch 13, I984. AC�PROL�C� .r � Request of.Joe Scheuenemann for a discussion of fire fighters' severance�pay. 1V� ��a . �Att�. C�c+3 wMS� ,d. Resolution approving Memorandum of Understanding applicable to the Confidential . k • and/or Superviso�cy City Attorney. APPRov�o � . � � Resolution approving Memorandum of Understanding between the City of St. Paul and � . the St. Paul Manual � Ma.intenance Supervisors Assn. regarding voluntary Ieave of : absence without pay. �PH2O�c-O ' � � . y - �/. Resolution -approving Collec�tive Bargaining Agreements between ISD #625 and the PEA, the Intern�tional Union of Operating Engineers, Locals 36 F, 967, St. Paul I�Sanual � ; 1�taintenance Supervisors Assn_ and the School Service Employees, Local #284. Pt�PP�V�f ' � � Resolution amending the Salary Plan � Rates of Compensation Resolution so as �to insert a new subsection "�" entitled Court Reporter Premium. P�PPRv��1 � Resolution approving an agreement between the City of St. Paul and the City of Minneapolis for participation with the T�rin City Area Urban Corps Progra.m. �c�°1°R,�v�/ � • ,� Resolution approving an agreement between the City and the County of Ramsey for participation with the T�rin City Area Urban Coips Program. A'PPR�V� � ,8: Resolution amending the 1984 budget and adding $23,705 to the Financing Plan an to � the Spending Plan for PED. Administration for the New Works/St. Paul project. �� . Resolution approving additions to the 1984 budget and appropriating $45,000 to •the Financing Plan and to the Spending Plan for PED Operations Fund - Homegrown Economy. Proj ect. �Pf��QUVtp ; - - ---- • . . � Resolution approving an agreement with the State of bfinnesota through its State Board of Vocational-Technical Education, whereby the City will receive monies for a special training project for minora.ty women. �PRIIV�_-��► _ ____Y_...�. Cri'Y HALL SEVENTH FLOOR SAINT PAUL. MINNESOTA 55103 . �y � _•"' -_ • . . - •. . -- ' .. �..._. �-�... _ _ ��,_. �� . . .. - ' • - •_ '�..---r�� . _. .-�-�-..'_^'�� o� _ , �' �,1� � 0 Personnel Of fice DEPqRTt�1ENT ��+�*t� Sohani �'ONTACT 298-4221 PHONE �� M�rch 6, 1984 DATE . (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for hlayoral Signature): i Department Director 2 City Attorney 3 Director of Management/Mayor , Finance and Management Services Director " City Clerk Budget Director �lhat Will be Achieved by Taking Action on the Attached Materials? (Purpose�Rationale);_ This reaolutioa approves the Agreemeats between the Indepeadent School District �R625 aad the following Bargaiaing Units: Professional Employees Association; International Union of Operatiag Eagiaeers, Locals 36 & 967; St. Paul Maaual � Maintenaace Supervisor� Association; and School Service Employees, Local No. 284. Attached are sheets outliniag the changes in each Agreemeat. Financial , Budgetary and Personnel Impacts Anticipated: Noae. Funding Source and Fund Activity Number•Charged or Credited: Attachments (List and Number all Attachments): � 1. Resolution 2. Agreements 3. Copy for City Clerk , ,:�.. ��x DEPARTMENT REVIEW CITY ATTORNEY REVIE�J Yes No Council Resolution Required? Resolution Required? Yes� No Yes No Insurance Required? Insurance Sufficient? Yes � No Yes No Insurance Attached? Revision of October, 1982 ISPP RPVP1"CP Sidp f�r 'Instructions} - . • �� • - �• ' - � �`�� ' S�l�"1� �7UL t�Ul7LIC 5C�'IO�OlS � � � NEGOTIATIONS OFFICE �_. , 360 Co/borne Street St.Paul,Minnesota 55102 Te/ephone (612)293-7832 T0: Oliver J. Courtemanche, Jene T. Sigvertsen, Raymond F. Browne, Dr. James C. Sargent, Candace Witter, r. Phillip Penn EROM: Phyllis E. Byers, Negotiato� DATE: January 31, 1984 ` - IMPLEMENTATION INFORMATION: CIVIL SERVICE AGREII�ITS Attached is a copy of an employment agreement with a bargaining unit which represent personnel under your budget jurisdiction. This Agreement was approved by the Board of Education on January 24, 1984. Pertinent facts are as follows: Budget Administrator: Ra.ymond F. Browne. Jene T. Sigvertsen, Candace Witter Employee Category: (see below) Bargaining Agent: The Citq of Saint Paul Professional Employees Ass'n, Inc. � Effective Dates of Agreemeat: January 1, 1984, through December 31, 1985 � Number of Emploqees Affected: fifteen Please note the following specific changes: ARTICLE I - RECOGNITION. Language regarding provisional emploqees (See 1.2, page 3). ARTICLE II - SEVERANCE PAY. New standard severance pay plan increasing maximum severance pay from $4,000 to $6,500 (See pages 3 and 4) . ARTICLE VII - SENIORITY. Change in language extends reinstatement rights after layoff from one year to two years (See 7.5, page 8) . ARTICLE IR - DISCIPLINE. New language which more clearly defines the discipliae procedure (See page 9). ARTICLE XI - GRIEVANCE PROCEDURE. Revised language changing the grievance procedure to be consisten� with the grievance procedure article in other contracts (see pages 10-12). . ARTICLE XIV - INSURANCE. Revised language establishing new maximum amounts the District will pay toward insurance coverages. In the second year of the Agreemeat, the District will pick up all the premium increases for the employee coverages and 75x of the premium increases for dependent coverage (See pages 14-16). , / ARTICLE XVIII - NON-DISCRIMINATION. New Article stating �hat this contract wi11 be ` applied with no discrimination (See page 19) . ARTICLE XIX - MATERNITY LEAVE. New Article (See page 20) . - 1 - � , Implenentation memorandum - - 2 - January 31, 1984 professional employees • � ARTICLE XX - NO STRIKE, NO LOCKOUT. New Article (See page 20) . . APPE:�iDIX A - TITLES AND SALARIES. See A1 through A10. r NOTE: Please note that this memorandum is intended to call changes to your attention. Please read the actual contract provisions cited. WAIT FOR CONFIRMATION FROM THE CITY PERSONNEL DEPARTMENT BEFORE BEGINNIhG PAYMENT ON THE ;1EW RATES. PEB:lm attachedr eopy of contract ` . t � f �1�C-;�f� 80ARD MEE?iNG A.GENCA REGrUEST '-'-`-'�� , �, , .�. . ' A11 recuests must be ir }he of�:ce c* tne �eputy Suaerir.tenden* cne •Neek �n odva�ce o� `�e ard ^�eet:ng -or wnicn ' ,e item �s :nte� e . A • inro�matio� requ�r•ed �n t e' spxes �e!ow is 'o be proviae . Fai ure ro arovide cor*p e'e informo`�on wi!f resu!t in the ifiem 6eing -e- turned to the administretor maicinc the reauest ond thct perzon will be resxnsible for any deloy that resul's. Information needed ror tFe Board meeting should be sent with the agendc re4uest, Twerty-Five copies of the material should be sent to `he office of the Ceputy Super- � ir.tendent at t e t�me t e request is su mittea. Kenneth A. Berg Deputy Sucerintendent Employment agreemen: with Board Meeting Date February 7, 1984 �qenda Item Int'1. linion of Operat:.ng Engir.e • ocals i Requested by PhYllis Byers Department �eQOtiations Resolution; Yes X No , Attorney's Approval � Budget to be cl,arged Budget Administrator , Expended to date S Total budgeted S , Encumbered to date 3 Balance in budget $ �nformation on the Item �ve oetoi e in ormction on the item. Information should include where the program is fio operate, sovrce of the funds, length of time or date. If more spece is needed, use the other side of this sheet. This new Agreement is for the two-year period of January 1, 1984, through December 31 , 1985. Changes are as follows: - New standar� se�r��ce pay plan increases maximum severance pay from $4,000 to S 6 500. (�tJ�t T , !;;0; , I 2 -1� • V - Insurance: The employees will continue to pay the amounts currently being paid. Insurance premium caps will be adjusted to refl ct � amount, of increase in each coverage October 1 , 1984, and October 1, 1985.� ' � �✓ � � - 2 � . ' „(� � - Wages: Five per cent increase across the board in each year. ^�� The District employs 244 people in this bargaining unit. _ � ' ' ' s�int ��u` �u��ic schoo�s NEGOTIATIONS OFFICE . 360 Coiborne Street St.Paul, Minnesota 55102 Te/ephone (612) 293-7832 T0: Oliver J. Courtemanche, Jene T. Sigvertsen, Raymond F. Browne, ' Dr. James C. Sargent, Dr. Phillip enn . 1� FROM. Phyllis E. Byers, Negotiator�v � DATE: Januarq 31, 1984 Il�LEMENTATION INFORMATION: CIVIL SERVICE AGREEMENTS Attached is a copy of an employment agreement with a bargaining unit which represents personnel under qour budget �urisdiction. This Agreement was approved by the Board of Education on January 24, 1984. Pertinent facts are as follows: . Budget Administrator: Jene T. Sigvertsen Employee Category: Blue collar supervisors Bargaining Agent: The City of Saint Paul Manual & Ma.intenance Supervisors Ass'n. Effective Dates of Agreement: January 1, 1983, through December 3I, 1984 Number of Emploqees Affected: five This new Agreement is issued in accordance with the recent arbitration award. Please note the following specific changes: ARTICLE II - RECOGNITION. The title Painter-General Foreman has recently been deleted from the painters bargaining unit and added to this bargaining unit (See page 2). ARTICLE XVI - INSURANCE. In compliance with the arbitration award, the District wi11 contribute the total cost for premiums under the Group Health Plan. Employees choosing another health care plan must contribute anq portion of premium payment which exceeds the Emploqer's contribution in the amount of the Group Health premium (See pages 15-16). ARTICLE %VII - MILEAGE - IND. SCHOOL DISTRICT N0. 625. New Article (See page 17). �RTICLE XR - MATERNITY LEAVE. New Article (See page 17). ARTICLE XXI - NO STRIKE, NO LOCROUT. New Article (See page 18). , ARTICLE XRII - RIGHT TO SUBCONTRACT. New Article (See page 18). ARTICLE RXIII - WAGE SCSEDULE. Wage increases for the two calendar years are as stipulated in the arbitrator's award (See pages 19 - 22). NOTE: Please note that this memorandum is intended to call changes to your attention. Please read the actual contract provisions cited. WAIT FOR CONFIRMATION FROM THE CITY PERSONNEL DEPARTMENT BEFORE BEGINNING PAYMENT ON THE tiEW RATES. PEB:lm attached: copy of contract _ .. , . � �- �� BCARD ME�TING AGENDA REQU�ST All recuest�s must be in the ofrce of the De�usv Sueerintenee^' one ��veek ir cd�cnce of 'he cra meering ror whicti the item is �nrenaec. AI inrormction *ecves`ed ir -ne s�aces �eiow is rc ee �rovi ed. �ciiure to provide comoiere inrormerion wil, resulr in t�,e item being re- hrrnec ;c the adminisfirator making the request and that person wi!' �e resoonsible �or Qny ceicv `rsct results. Inrormation needed for the 3oard meeting snoulc be se�� with �he aoenc�a recuest. Twenty-five cooies of tfie moterial snould be sent =c �!�e or=ice c= 'he DeQuty SuAer- infMdent ot e hme t e request is suom�tted. Kenneth A. Berg Deauty Suoe.•intendent r�olo;rment agreement with Schooi Boerd lvleeting Dete February 21, 1984 Agendo Item Service �.-��lovees Local No. 284 �`or cook nanagers) Reauested by Phyllis Byers Department Vegotiatior.s Resolution; Yes X No Attorney's Aacraval Budget �o be charged Budget Administrotor :xpended to date S Total budgeted 5 Encumbered to date S Balance in budget g Inrormction on tl�+e Item ,�e �esai e inrormation on the ifiem. lnformation should include where the progrom is to opercte, source or Nx funds, length of time or date. If more space is ne-de�, use the otf�er side of this sheet. '�his is a one-year Agreement for the period December 24, 1983, through December 2I, 1984. Changes are as follows: . Znsu:a::ca: - Employer's maximum contribution to premium c�sts for hospital and medical coverage for employees and dependents is increased $5. per month for employee coverage and $10. per month for dependent coverage. - Dental insurance has been added effective '�arch 1, 1984, for the employee only. iva es : - Wage increase is approximately 5% average. Tne Dis�rict has ten employees in this bargaining unit. � - � � �� " j;cn�'::r.e or administrator submifiting request � � DateY �' � ��., �_ �gree:ne.^.t is at�ached cr c^ ;ile in t. e �egctia�ions Of_ic� . �� 1984 - 1985 LABOR AGREEMENT - between - INDEPENDENT SCHOOL DISTRICT N0. 625 - and - INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 36 AND LOCAL 967 INDEY ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Definitions 2 III Dues - Fair Share 3 IV Union Rights 4 V Seniority 5 VI Management Rights 6 VII Hours, Premium Pay 7 VIII Leaves of Absence 9 IX Military Leave of Absence 10 X Jury Duty 11 XI Severance Pay 12 XII Mileage - Independent School District No. 625 15 XIII Supervisory Assignment 16 XIV Working Out of Classification 16 XV Discipline 17 XVI Insurance 18 XVII Holidays 21 XVIII Vacation 23 XIX Grievance Procedure 24 XX Wage Schedule 27 XXI Strikes, Lockouts, Work Interference 27 XXII Terms of Agreement 28 Appendix A - Wages A-1 - A-4 - ii - P R E A M B L E THIS AGREEMENT IS BY AND BETti'EEN INDEPENDENT SCHOOL DISTRICT N0. 625 AND LOCAL UNIONS N0. 36 AND 967, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO. � This AGREEMENT has been entered into between Independent School District No. 625, hereafter referred to as the EMPLOYER, and Local Unions No. 36 and 967, International Union of Operating Engineers, AFL=CIO, hereafter referred to as the UNION. This AGREEMENT has as its purpose, the promotion of harmonious relations between the Er1PL0YER 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 - ARTICLE I - RECOGNITION 1. 1 The EMPLOYER recognizes the L'NION as the sole and etclusive 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 rfinnesota Bureau of Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building 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, and whose employment service exceeds the lesser of 14 hours per week . or 35 per cent of the normal work week and more than 100 work days per year in the following cl.assifications: Assistant Superintendent of Stadium, Building Maintenance Supervisor--TVI, Chief Operating Engineer--Civic Center, Civic Center Plant Helper, Custodian, Custodian-Engineer I, Custodian Engineer I--Library, Custodian-Engineer I--Public Safety, Custodian- Engineer II, Custodian-Engineer--Library, Custodian-Engineer III, Custodian-Engineer III--Library, Custodian-Engineer IV, Custodian Engineer V, Filter Plant Operator I, Filter Plant Operator II, Custodian- (Light Duty) , General Matron, House Custodian II, Instrument Repairman (Filter Plant) , Lime Recovery Operator, Maintenance Man, Operating Engineer I, Operating Engineer II, Pumping Engineer I, Pumping Engineer II, Pumping Engineer III, Security Officer, Sewer Pumping Station Operator, Stadium Supervisor, Stationary Engineer, Stationary Fireman, Supervising Stationary Engineer, Watchman II, Watchman--Water Department, Water Plant Aide, Trainee (Custodian-Engineer) ; excluding supervisory, managerial, clerical, confidential, temporary, and emergency employees, those exclusively represented by other labor or employee organizations, and all other employees. 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 Employment Relations Act to accomplish said objective. - 1 - ARTICLE II - DEFINITIONS 2. 1 Collective Bargaining. The EMPLOYER will bargain collectively with the UNION with respect to rates of pay, hours, and other conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 2.2 Maintenance of Standards. The EMPLOYER agrees that all conditions of employment relating to wages, hours of 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 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. 2.3 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 - , � .� - �;� ARTICLE III - DUES - FAIR SHARE 3. 1 Dues. The EMPLOYER agrees to deduct the liNION neMbership 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 is possible. 3.2 Fair Share. Any present or future employee who is not an UNION member shall be required to contribute a fair share fee for services rendered by the UNION. Upon notification by the UNION, the EMPLOYEF, 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. 3.3 The UNION will indemnify, defend, and hold the EMPLOYER harmless against any claims made and against any suits instituted against the District, its officers or employees, by reason of negligence of the UNION in requesting or receiving deductions under this Article. The District will indemnify, defend, and hold the UNION harmless against any claims made and against any suits instituted against the UNION, its officers or employees by reason of negligence on the part ot the EMPLOYER in making or forwarding deductions under this Article. - 3 - ARTICLE IV - UNION RIGHTS 4. 1 The UNION may designate employees with�n the bargaining unit to serve as Union Stewards and shall be required to ad�inister this AGREEMENT. 4.2 The UNION shall furnish the EMPLOYER and appropriate Departnent Heads and District Negotiator with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the EMPLOYER for the purpose of meetings. 4.3 There shall be no deduction from the pay of a Steward when directly involved in meetings with management relating to the administration of this AGREEMENT during working hours. 4.4 Designated Union Representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract. 4.5 Shop Steward. One shop steward from each department will be allowed to accompany an employee's authorized representative during regular working hours for the purpose of wage, salary or fringe benefit discussions or other problems of their particular concern involving employees of Independent School District No. 625 under the following conditions: 4.51 That only one employee from any one department be allowed to leave his work. 4.52 That the steward be expected to attend these meetings on his own time when they are held outside of his regular working hours. 4.53 That adequate notice is given to the department heads so that permission may be obtained. 4.54 That the steward has officially been designated as such by the UNION that he represents. 4.55 Union Cor.ventions. Duly-elected L�'ION delegates shall be granted time off without pay for one week to attend such convention. Vacation or comper.sator;� t�me may be used for this purpose. The UN�C�N sha11 give at least ten working days' advance notice of the employees who will be participating in such conventions. - 4 - ARTICLE V - SENIORITY 5. 1 Seniority, for the purpose of this 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 assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by the employee's rank on the eligible list from which certification was made. 5.2 Seniority shall terminate when an employee retires, resigns or is discharged. 5.3 In the event it is determined by ttie EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each Department based on inverse length of seniority as defined above. 5.4 In cases where there are promotional series, such as Custodian-Engineer I, II, III, etc. , when the number of employees in the higher titles is to be reduced, employees who have held lower titles in the bargaining unit will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 5.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. 5.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. - � - 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 of 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, - 6 - ARTICLE VII - HOURS, PREMIUNI PAY 7. 1 Hours of Employment. The normal work day and the normal work week shall be 8 consecutive hours in any 24-hour period and 40 hours in any 7-day period. A normal work shift is 8 consecutive hours for a full-time employee. (For employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of 5 consecutive normal work days, followed by two (2) consecutive days off. 7.2 Call-in Pay. When an employee is called to work, he shall receive two hours' pay if not put to work. If he is called to work and commences work, he shall be guaranteed four straight-time hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary or emergency employees nor to employees employed under any of the titles listed in Section 3.M of the Civil Service Rules under the heading "Special Employments", nor to any person whose regularly-scheduled workday is less than four hours. 7.3 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by the order of the head of the department. An employee shall be recompensed for work . done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the District. The overtime rate of one and one-half shall be computed on the basis of 1/80th of the biweekly rate. 7.4 Premium Pay. To any employee who works on a regularly-assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m. , provided that at least five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differential for the entire shift. To any employee who works on a regularly-assigned shift beginning earlier than 6 a.m. or ending later than 6 p.m. , but less than five hours of the shift are worked between the hours of 6 p.m. and 6 a.m. , there shall be paid a night differentia� for the hours worked between the hours of 6 p.m. and 6 a.m. - 7 - Article VII - Hours, Premium Pay (continued) 7.5 The night differential shall be 5% of the base rate, and shall be paid only for those night shifts actually worked, provided, however, that the provisions of this subsection shall not apply to emergency or temporary employees in the Auditorium, or to employees holding titles listed in Section II of the Saint Paul Salary Plan and Rates of Compensation under the heading "Special Employments" in this bargaining unit. 7.6 A premium pay of twenty-five cents (25C) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair or a swing scaffold, fifty (50) feet or more above the ground. Al1 standard safety laws shall be complied with. - 8 - ARTICLE VIII - LEAVES OF ABSENCE 8. 1 Leave of Abser.ce. After three nonths' employment, an employee �ay make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250) . 8.2 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his supervisor no later than one-half hour past his regularly-scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. 8.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and de�lared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. , or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or disabled person up to a maximum of four hours sick leave. 8.4 Maternity Leave. Maternity is defined as the physical state of pregnancy of an ersployee, 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. - 9 - ARTICLE IX - MILITARY LEAVE OF ABSENCE 9.1 Pay Allowance. Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officers Reserve Corp, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or conponent in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that such leave shall be allowed only in case the. required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 9.2 Leave without Pay. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 9.3 Such leaves of absence as are granted under Article 9 shall conform to Mianesota Statutes, Section 192, as anended from time to time, ar.d shall confer no additional benefits other than those granted by said statute. - 10 - . �'�{- ��-v ARTICLE X - JURY DUTY 10. 1 Any employee who is required to appear in court as a juror or witness 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 District Office of Business and Finance. 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. - 11 - ARTICLE XI - SEVERANCE PAY 11. 1 The Employer shall provide a severance pay program as set forth in this Article. 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: 11.21 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) . The "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 11.22 '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. 11.23 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. 11.24 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. 11.25 The employee must have accumulated a mini�um of si>ty (60) days of sick leave credits at the time of his separation f rom service. - 12 - Article XI - Severance Pay (continued) 11.3 If an employee requests severar.ce pay and if the employee meets the eligibility requirenents 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. 11.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. 11.5 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 ma.de to the employee's estate or spouse. 11.6 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. 11.7 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. 11.8 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. 11.9 The provisions of this Article shall be effective as of January 1, 1984. - 13 - Article XI - Severance Pay (continued) 11.10 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. Aowever, an election by the employee to draw severance pay under either this Article or the basic School Di.strict 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. 11. 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 14, 1983. - 14 - 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 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 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 ma.ximum 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. - 15 - ARTICLE XIII - SUPERVISORY ASSIGNMENT 13. 1 An engineer who is assigned to supervise other eaployees will be at least one title higher in the series than the employees he/she supervises. ARTICLE XIV - WORKING OUT OF CLASSIFICATION 14.1 The 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) 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 rare the employee would receive if such employee received a regular appointment to the higher classification. - 16 - ARTICLE XV - DISCIPLINE 15. 1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: 15. 11 Oral reprimand; 15.12 Written reprimand; 15. 13 Suspension; 15.14 Reduction; 15. 15 Discharge. 15.2 A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the employee and the Union seventy-two (72) hours after such action is taken. 15.3 Employees and the UNION will receive copies of written reprinands and notices of suspension and discharge. 15.4 Employees may examine all information in their EMPLOYER personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 15.5 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 said five- (S) day period, the EMPLOYER may affirn the • suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 15.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION representative be present. 15.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures, eacept that oral and written reprimands srall be taken up in the grievance procedure under Article XIX. - 17 - ARTICLE XVI - INSURANCE 16.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by the EMPLOYER at the time of execution of this AGREEMENT. 16.2 The EMPLOYER will for the period of this AGREEMENT provide for 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 benefits and life insurance benefits as are provided by the EMPLOYER for such employees. 16.3 In order to be eligible for the benefits under this early retiree provision, the employee must: 16.31 Be receiving benefits from a public employee retirement act . at the time of retirement. 16.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 16.33 Inform the Personnel Office of the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 16.4 Effective January 1, 1984, for each eligible employee covered by this . AGREEMENT who selects Blue Cross-Blue Shield insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $87.06 per month, whichever is less. In addition, for each employee who selects Blue Cross-Blue Shield dependent's coverage, the E:4PLOYER will contribute the cost of such dependent's coverage or $124.00 per month, whichever is less. - 18 - ��y �� 16.5 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects Group Health insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, �or each e�ployee who selects Group Health dependent's coverage, the ErIPLOYER will contribute the cost of such dependent's coverage or $101. 17 per month, whichever is less. 16.6 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects Coordinated Health insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $58.00 per month, whichever is less. In addition, for each employee who selects Coordinated Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $89.59 per month, whichever is less. 16.7 Effective .ianuary l, 1984, for each eligible employee covered by this AGREEMENT who selects HMO-Minnesota insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $67.90 per month, whichever is less. In addition, for each employee who selects the HMO-Minnesota dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $93.04 per month, whichever is less. 16.8 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects SHARE insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $61. 14 per month, whichever is less. In addition, for each employee who selects SHARE dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $108.47 per month, whichever is less. 16.9 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects the Physicians Health Plan insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $78.98 per month, whichever is less. In addition, for each employee who selects the Physicians Health Plan dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or S124.00 per raonth, whichever is less. - 19 - 16. 10 Effective January 1, 1984, for each eligible employee covered by this AGREEMENT who selects the Med Center insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $56.05 per month, whichever is less. In addition, for each employee who selects the Med Center dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $111.30 per month, whichever is less. 16. 11 Effective January 1, 1984, the EMPLOYER agrees to contribute the cost for $10,000 of life insurance coverage for each employee who is eligible for such coverage or $4. 12 per month, whichever amount is less. This contribution shall be paid to the Employer's Group Health and Welfare Plan. 16.12 Effective October 1, 1984, the EMPLOYER'S contributions in Articles 15.4 through 15. 11 will be adjusted in dollars to reflect the. October 1, 1984 increase in the premium rates for the respective coverages. 16. 13 Effective October 1, 1985, the EMPLOYER'S contributions in Articles 15.4 through 15. 11 will be adjusted in dollars to reflect the October 1, 1985 increase in the prenium rates for the respective coverages. 16. 14 Effective December 31, 1985, the EMPLOYER'S contributions in Articles 15.4 through 15.11 shall be adjusted in dollars back to the respective amounts which were in effect on September 30, 1985. - 20 - ARTICLE XVII - HOLIDAYS 17. 1 Holidays Recognized and Observed - The following days shall be recognized and observed as paid holidays: New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day ' Thanksgiving Day Christmas Day Two floating holidays. Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays 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. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 17.2 The floating holidays set forth in Section 16. 1 above may be taken at any time during the contract year, subject to the approval of the department head of any employee. - 21 - 17.3 Eligibility Requirements - In order to be eligible for a holiday with 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 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 heretofore eligible shall receive holiday pay. 17.4 If an employee entitled to a holiday is required to work on Presidents' Day, Columbus Day or Veterans' Day, he shall be granted another day 'off with pay in lieu thereof as soon thereafter as the convenience of the department permits, or he shall be paid on a straight-time basis for such hours worked, in addition to his regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he shall be recompensed for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such hours worked, in addition to his regular holiday pay. - 22 - ARTICLE XVIII - VACATION 18. 1 In each calendar year, each full-time empleyee shali be granted vacation according to the following schedule: Years of Service Vacation Granted 0 - 4 years 10 days after 4 years 15 days after 9 years 17 days after 15 years 21 days after 23 years 26 days. Employees who work less than full time shall be granted ��acation on a pro rata basis. 18.2 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. 18.3 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Subd. H. 18.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, he may convert any part of such excess of vacation at the rate of one-half day's vacation for each day of sick leave credit. 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 thirty-seven days including the regular vacation period. - 23 - ARTICLE XIX - GRIEVANCE PROCEDURE 19. 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. 19.2 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 of 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. 19.3 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. A grievance shall be resolved in conformance with the following procedure: SteP 1. 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 occurrer_ce of the event giving rise to the grievance or within the use of reasonable diligence should have Y:ad knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. - 2 L• - Article XIX - Grievance Procedure (continued) SteP 2. Within seven (7) calendar days after receiving the written grievance, a designated EMPLOYER supervisor shall meet with the liNION 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 EriPLOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the L'NION 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 UNIOI� 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) nane. The precess will be repeated and the remaining person shall be the arbitrator. - 25 - Article XIX - Grievance Procedure (continued) 19.4 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 be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in� writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREEMENT and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 19.5 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. 19.6 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 19.7 It is understood by the UNION and the EMPLOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure, it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules, it shall not again be submitted for arbitration under this grievance procedure. - 26 - �'`�` ��'�� • ARTICLE XX - WAGE SCHEDULE 20. 1 The wage schedule for purposes of this cor.tract shall be Appendix A attached hereto. ARTICLE XXI - STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The UNIONS and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay-in or other concerted interference with the EMPLOYER'S business or affairs by any of said UNIONS and/or the members thereof, and there shall be no bannering during the existence of this AGREEMENT caithout first using all possible means of peaceful settlement of any controversy which may arise. - 27 - ARTICLE XXII - TERMS OF AGREEMENT • 22. 1 Complete Agreement and Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the UNION and the EMPLOYER. � The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the EMPLOYER and the UNION, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this AGREEMENT. 22.2 Savings Clause. 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 provi.sion shall be voided. All other provisions shall continue in full force and effect. 22.3 Terms of Agreement. This AGREEMENT shall be in full force and effect from January 1, 1984, to December 31, 1985, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1 that it desires to modify or terminate this AGREEMENT. In witness thereof, the parties have caused this AGREEMENT to be executed this �i day of , 1984. - 28 - � Article �II - Terms of Agreement (continued) 22.4 This constitutes a tentative AGREEME�T between the parties �ahich will be recommended by the School Board �egotiator, but is subject to the approval of the Board of Education, and is also subject to ratification by the UNION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCALS N0. 36 AND 967 �� , � � � � � BY: ��C-l/J � .�E�(itL/ BY: Sc ool Board Negot ator Business Manager, Local 967 + ��.�� , � BY: ��L�j' ;:�/�--x'",/�ir,�/i', BY: Board Chairman Business Manager, Local 36 - 29 - . APPENDIX A - WAGES The wage rates and salary ranges for classifications in this unit are effective January 7, 1984, as follows: First After 6 mos. 6 mos. Building Maintenance Supervisor - TVI $ $13.50 Chief Operating Engineer - Civic Center 13.41 13.93 Custodian-Engineer I 10.77 11.25 Custodian-Engineer I - Library 10.77 11.25 Custodian-Engineer I - Public Safety 10.77 11.25 Custodian-Engineer II 10.94 11.57 Custodian-Engineer II - Library 10.94 11.57 • Custodian-Engineer III 11.25 11.87 Custodian-Engineer III - Library 11.25 11.87 Custodian-Engineer IV 11.61 12.24 Custodian-Engineer V 12.04 12.63 Filter Plant Operator I 11.66 12. 13 Filter Plant Operator II 12.34 12.84 House Custodian II 8. 18 Instrument Repairman (Filter Plant) 12,34 12.84 Lime Recovery Operator 11.66 12. 13 Maintenance Man 11.66 12. 13 Operating Engineer I - Civic Center 11.66 12. 13 Operating Engineer II - Civic Center 12.34 12.84 Pumping Engineer I 11.66 12. 13 Pumping Engineer II 12.34 12.84 Pumping Engineer III 13.41 13.93 Sewer Pumping Station Operator 12.86 13.37 Stationary Engineer 11.66 12. 13 *Stationary Fireman 11.34 11.84 Supervisory Stationary Engineer 12.23 12.73 Trainee (Custodian-Engineer) 5.78 Water Plant Aide 10.78 11.28 After After After Start 6 mos. 1 yr. 2 yrs. Custodian $9.41 $9.67 $9.85 $10. 15 Custodial Worker 8.36 8.62 8.80 9. 10 General Matron 445.59 461.29 477.75 495.79 513.83 533.43 544.41 556.95 Custodian (Light Duty) 499.70 518.54 537.36 556.95 578.94 600.87 615.00 629.88 Security Officer 501.42 521.81 540.62 561.03 583.00 607.30 619.83 635.52 - A1 - Appendix A - Wages (continued) • Watchman II 550.03 570.44 591.60 614.36 638.66 664.56 681.80 697.47 Watchman - Water Department 567.79 588. 19 609.36 632.12 656.42 682.30 699.56 715.22 Civic Center Plant Helper 780.21 800.24 Assistant Superintendent of Stadium 708.62 736.86 765.08 798.02 830. 17 864.68 886.64 911.74 Stadium Supervisor 935.74 961.56 Personnel hired for employment with the District after tr� date of the signing of this Agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in l .above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate indicated in this appendix for the classification in which they are employed. The above January 7, 1984 rates represent a five per cent (5%) increase over the December 25, 1982 rates. - A2 - • APPENDIX A - WAGES The wage rates and salary ranges for classifications in this unit are effective January 5, 1985, as follows: First After 6 mos. 6 mos. Building Maintenance Supervisor - TVI $ $14.18 Chief Operating Engineer - Civic Center 14.08 14.63 Custodian-Engineer I 11.31 11.81 Custodian-Engineer I - Library 11.31 11.81 Custodian-Engineer I - Public Safety 11.31 11.81 Custodian-Engineer II 11.49 12. 15 Custodian-Engineer II - Library 11.49 12.15 Custodian-Engineer III 11.81 12.46 Custodian-Engineer III - Library 11.81 12.46 Custodian-Engineer IV 12. 19 12.85 Custodian-Engineer V 12.64 13.26 Filter Plant Operator I 12.24 12.74 Filter Plant Operator II 12.96 13.48 House Custodian II 8.59 Instrument Repairman (Filter Plant) 12.96 13.48 Lime Recovery Operator 12.24 12.74 Maintenance Man 12.24 12.74 Operating Engineer I - Civic Center 12.24 12.74 Operating Engineer II - Civic Center 12.96 13.48 Pumping Engineer I 12.24 12.74 Pumping Engineer II 12.96 13.48 Pumping Engineer III 14.08 14.63 Sewer Pumping Station Operator 13.50 14.04 Stationary Engineer 12.24 12.74 *Stationary Fireman 11.91 12.43 Supervisory Stationary Engineer 12.84 13.37 Trainee (Custodian-Engineer) 6.07 Water Plant Aide 11.32 11.84 After After After Start 6 mos. 1 yr. 2 yrs. Custodian $9.88 $10.15 $10.34 $10.66 Custodial Worker 8.78 9.05 9.24 9.56 General Matron 467.87 484.35 501.64 520.58 539.52 560. 10 571.63 584.80 Custodian (Li�ht Duty) 524.69 544.47 564.23 584.80 607.89 630.91 645.75 661.37 Security Officer 526.49 547.90 567.65 589.08 612. 15 637.67 650.82 667.30 - A3 - ( • , Appendix A - Wages (continued) Watchman II 577.53 598.96 621. 18 645.08 670.59 697.79 715.89 710.29 Watchman - Water Department 596.18 617.60 639.83 663.73 689.24 716.42 734.54 750.98 Civic Center Plant Helper 819.22 840.25 Assistant Superintendent of Stadium 744.05 773.70 803.33 837.92 871.68 907.91 930.97 957.33 Stadium Supervisor 982.53 1,009.64 Personnel hired for employment with the District after the date of the signing of this Agreement, to a class of positions listed in 1 above, shall be compensated at the "0 - 6 months" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "after 6 months" hourly wage rate. Employees promoted from any of the positions listed in 1 above to any position listed in 1 above shall receive the "after 6 months" hourly wage rate. Temporary and emergency employees shall be paid the minimum rate indicated in this appendix for the classification in which they are employed. The above January 5, 1985 rates represent a five per cent (5%) increase over the January 7, 1984 rates. - A4 - �� i CONTENTS NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT Article I. Definition of Agreement. . . . . . . . . . . . . . . . . . . 1 II. Recognition. . . . . . . . . . . . . . . . . . . . . . . . . 1 III. Check Of f - 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 SXIII. Layoff Notice. . . . . . . . . . . . . . . . . . . . . . . . 9 XIV. Insurance Benefits . . . . . . . . . . . . . . . . . . . . . 10 XV. Working Conditions . . . . . . . . . . . . . . . . . . . . .11 XVI. Court Duty . . . . . . . . . . . . . . . . . . . . . . . . .12 XVII. Sick Leave Conversion. . . . . . . . . . . . . . . . . . . .12 XVIII. Health Insurance Provision for Retirees. . . . . . . . . . .12 XIX. Discipline and Discharge . . . . . . . . . . . . . . . . . . 13 XX. Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . .14 XXI. Uniforms . . . . . . . . . . . . . . . . . . . . . . . . . .15 XXII. Wage Scale . . . . . . . . . . . . . . . . . . . . . . . . .15 • XXIII. Duration of Agreement. . . . . . . . . . . . . . . . . . . . 16 Appendices A. Vacation B. Wage Scale • ii �� _y�-v 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: Al1 food service personnel in the classifications of Cook Ma.nager I, Cook Manager II, and Cook Manager III employed by • Independent School District No. 625 whose terms and conditions of employment are established by the City of Saint Paul Per- sonnel Office, who are employed for more than 14 hours per week and more than 100 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 85% of the • Union membership dues amount. This provision shall remain operative only so long as specifically provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85% of regular membership dues, the full amount permitted by law ma.y 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 inproved wherever specific provisions for improvement are made elsewhere in this Agreement. • 2 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 ma.y choose to present his/her grievance without being represented by a Union representative, provided, however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. 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 job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance i,s 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 � 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 adjust the complaint at that time. • 3 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 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 ma� 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. s 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. � i 6 0 � - 7�"� 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 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 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 l. All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE XII. 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 (5) working days before • the closing date for examination. ARTICLE XIII. LAYOFF NOTICE SECTION l. Whenever possible, two (2) weeks' notice shall be given any employee laid off. � 9 ARTICLE XZ,�, JNSiTRAN('.F. $F.NEFITS � 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 person- nel. SECTION 2. Subd. 1. Effective January 1, 1984, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $67.00 per month for each employee who is eligible for such coverage. Subd. 2. In addition, effective January 1, 1984, for each eligible employee who elects dependent coverage, the Employer will contribute � one-half of the premium cost of such dependent coverage, or up to $78.00 per month, whichever amount is less. Subd. 3. Effective January 1, 1984, the Employer agrees to contribute to the cost for $5,000 of life insurance coverage up to $3.30 per month for each employee who is eligible for such coverage. Subd. 4. Effective March 1, 1984, the Employer agrees to contribute up to $10.50 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. 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 by 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 f.ifteen (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. i �� ARTICLE XVI. COURT DUTY SECTION 1. � Any employee who is required to appear in court as a juror 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 juror or witness. ARTICLE XVII. SICK LEAVE CONVERSION SECTION l. 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 XVIII. 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. � 12 ��-�� ARTICLE XIX. DISCIPLINE AND DISCHARGE. � SECTION 1. The Employer shall have the right to impose disciplinary actions on employees for just 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. � 13 ARTICLE XX. LEAVES � SECTION 1. LONG-TERM LEAVES WITHOUT PAY: Leaves of absence may be requested, on the basis specified in Civil Service Regulations. Effective July l, 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 sub,ject 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 dat�, 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. . � 14 ARTICLE XXI. 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 uniforns .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, 90y of their costs will be deducted from the final paycheck of the terminating employee. ARTICLE XXII. WAGE SCALE See Appendix B. • • 15 ARTICLE XXIII. DURATION OF AGREEMENT ' This Agreement shall be in full force and effect from December 24, 1983, � through December 21., 1984, and shall automatically be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public Enployment 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. • . 16 COOK MANAGERS I, II, AND III AGREEMENT � THIS AGREEMENT IS BY AND BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625, THE CITY OF SAINT PAUL, AND SCHOOL SERVICE EMPLOYEES LOCAL P:O. 284, S.E.I.U. , AFL-CIO, ON BEHALF OF COOK MANAGERS I, II, AND III. In full settlement of 1984 aegotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approval and adoption by the Board of Education of INDEPENDENT SCHOOL DISTRICT N0. 625, the CITY COUNCIL, and the CIVIL SERVICE COMMISSION, as well as ratification by the UNION. Independent School District No. 625 School Service Employees Local No. 284, S.E.I.U. , AFL-CIO ' � j� � �/ U %�G�� Negot ator Business Representative ��a�- �� Date Steward r �� .� �� 9sy Chairman, Board of Education Date Date .� 17 ��'�,�,� Appendix A • Regulation Effective 1-5-74 Vacation for Less Than a Full Ye:ar For the purpose of computing the amount of vac:ation an employee who is eligible for twenty-one days after 15 years of :�ervice and twenty-two days after 25 years of service has earned, the fol]_owing 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 �aenty-five Years .0845 Round off to the neares•t 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. This is rounded off to the nearest hour and the employee is granted 65 hours of vacation. The time of vacation is fixed by the head of the department in which the employee is employed. Chief Exa.miner � r - A - ��_�� Appendix B WAGES COOK MANAGER I - II - III Effective December 24, 1983: A B C D E F 10-yr. 15-yr. , *Grade 15 533 552 571 595 617 643 657 679 **Grade 17 559 580 603 625 646 672 690 709 ***Grade 19 584 607 629 655 679 706 721 739 *Grade 15 includes the title: Cook Manager I **Grade 17 includes the title: Cook Manager II • ***Grade 19 includes the titles: Cook Manager III Food Preparation Supervisor Quality Control Assistant School Lunch Coordinator • - B - �� 1983 - 84 LABOR AGREEMENT Between INDEPENDENT SCHDOL DISTRICT N0. 625 . And CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION INDEX ARTICLE TITLE PAGE I Purpose of Agreement 1 II Recognition 2 III Maintenance of Standards 3 IV Employer Security 3 V Employer Authority 3 VI Association Security 4 VII Employee Rights - Grievance Procedure 5 VIII Savings Clause $ IX Seniority 9 X Discipline 11 XI Constitutional Protection 12 XII Overtime and Premiums 12 XIII Uniforms 13 XIV Vacation . 13 XV Holidays 14 XVI Insurance 15 XVII Mileage -- Independent School District No. 625 17 XVIII Severance Pay 17 XIX Working Out of Classification 17 XX Maternity Leave 17 XXI No Strike, No Lockout 18 XRII Right to Subcontract 18 XXIII Wage Schedule 19 XXIV Term of Agreement 23 ARTICLE I - PURPOSE OF AGREEMENT 1. 1 This AGREEMENT is entered into between Independent School District No. 625, hereinafter called the EMPLOYER, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the ASSOCIATZON. 1. 11 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.12 Establish procedures for the resolution of disputes concerning this AGREEMENT'S interpretation and/or application; and 1.13 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this AGREEMENT. 1.2 The EMPLOYER and the ASSOCIATION through this AGREEMENT shall continue their dedication to the highest quality public service to the residents of the City of Saint Paul. Both parties recognize this AGREEMENT as a pledge of this dedication. - 1 - ARTICLE II - RECOGNITION 2.1 The EMPLOYER recognizes the ASSOCIATION as the exclusive representative, under the Public Employment Labor Relations Act of 1971 as amended, for all personnel in the following bargaining unit: All manual maintenance supervisors in the classification of " Assistant Supervisor of Custodians, Bridge Forenan, Building Maintenance Supervisor-Fire Department, Building Maintenance . Supervisor-Libraries, Building Maintenance Supervisor-Parks and Recreation, Chief Meter Repairman, Civic Center Forema.n, Dispatcher I, District Foreman, Equipment Maintenance Foreman, Field Supervisor, Fireman-Mechanic Foreman, Foreman-Water Department, Forestry Supervisor I, Forestry Supervisor II, Greenskeeper, Maintenance Foreman-Water Department, Mechanic Foreman-Municipal Garage, Mechanic Foreman-Water Department, Painter-General Foreman, Park Foreman, Public Works Foreman I, Public Works Foreman II, Public Works Foreman III, Sanitation Foreman, Sewer Foreman I, Sewer Foreman II, Sewer Foreman III, Supervising Gardener, Supervisor of Custodian, Supervisor of Garbage Collection, Supervisor of Lime Recovery Plant, Supervisor of Pumping, Supervisor of School Ground Maintenance, Traffic Maintenance Foreman I, Traffic Maintenance Foreman II, Water Serviceman Foreman, Watershed Forema.n I, Watershed Foreman II, and Zoo Foreman who are employed for more than fourteen (14) hours per week and more than one hundred (100) work days per year by the City of St. Paul or who are under the control of the City of Saint Paul in the setting of terms and conditions of employment, excluding all other employees. 2.2 In the event the EMPLOYER and the ASSOCIATION are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as it has jurisdiction over by law. 2.3 The EMPLOYER shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this AGREEMENT either individually or collectively which in any way conflicts with the terms and conditions of this AGREEMENT, except through the certified representative. � 2.4 Neither the ASSrOCIATION nor the EMPLOYER shall discriminate against any employee because of ASSOCIATION membership or nonmenbership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. 2.5 All existing Civil Service Rules shall apply exoept those superseded by this AGREEMENT. - 2 - ARTICLE III - MAINTENANCE OF STANDARDS 3. 1 The City agrees that all conditions of employment relating to wages, hours of 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 the � signing of this AGREEMENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREEMENT. ARTICLE IV - EMPLOYER SECURITY 4. 1 The ASSOCIATION agrees that during the life of this AGREEMENT it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the EMPLOYER. ARTICLE V - IIKPLOYER AUTHORITY 5. 1 The EMPLOYER retains the sole right to operate and manage all manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. . 5.2 Any terms and conditions of employment not specifically established or modified by this AGREEMENT shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. - 3 - ARTICLE VI - ASSOCIATION SECURITY 6.1 The EMPLOYER shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly ASSOCIATION dues. Such monies shall be remitted as directed by the ASSOCIATION. 6.2 The ASSOCIATION may designate employees fro� the bargaining unit to act as stewards and alternates and shall inform the EMPLOYER in writing of such choices and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this AGREEMENT. 6.3 The EMPLOYER shall make space available on the employee bulletin board for the posting of ASSOCIATION notice(s) and announcement(s) . 6.4 The ASSOCIATION agrees , to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article. 6.5 The EMPLOYER agrees that on the EMPLOYER'S premises and without loss of pay the ASSOCIATION stewards _shall be allowed to post official ASSOCIATION notices of the designated representatives; transmit communications authorized by the ASSOCIATION or its officers under the terms of this contract; consult with the EMPLOYER, his representative, ASSOCIATION officers or the ASSOCIATION representative concerning the enforcement of any provisions of this AGREEMENT, so long as such action does not interfere with regular Employee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this AGREEMENT and any supplementary AGREEMENTS. The EMPLOYER agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee who is not an ASSOCIATION member shall be required to contribute a fair share fee for services rendered by the ASSOCIATION. Upon notification by the ASSOCIATION, the EMPLOYER shall check off said fee from the earnings of the employee and transmit the same to the ASSOCIATION. 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. It is also understood that the ASSOCIATION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provisions of this section. - 4 - �'�� a ARTICLE VII - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE 7. 1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this AGREEMENT. 7.2 Association Representatives - The EMPLOYER will recognize " representatives desi�nated by the ASSOCIATION as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The ASSOCIATION shall notify the EMPLOYER in writing of the names of such ASSOCIATION representatives and of their successors when so designated as provided by 6.2 of this AGREEMENT. 7.3 Processing of a Grievance - It is recognized and accepted by the ASSOCIATION and the EMPLOYER that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the Employees and shall therefore be accomplished during normal . working hours only when consistent with such Employee duties and responsibilities. The aggrieved employee and an ASSOCIATION Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the EM°LOYER during normal working hours provided that the Employee and the ASSOCIATION Representative have notified and received the approval of the designated supervisor. who has determined that such absence is reasonable and would not be detrimental to the work programs of the EMPLOYER. 7.4 Procedure - Grievances, as defined by Section 7. 1, shall be resolved in conformance with the following procedure: Step 1. An Employee claiming a violation concerning the interpretation or application of this AGREEMENT shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the EMPLOYER. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 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 �o Step 2 within ten (10) calendar days after the EMPLOYER-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the ASSOCIATION within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the ASSOCIATION and discussed with the EMPLOYER-designated Step 2 representative. The EMPLOYER-designated representative shall give the ASSOCIATION the EMPLOYER'S Step 2 answer in writing within ten (10) calendar days after receipt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the EMPLOYER-designated representative's final Step 2 answer. Any grievance not appealed in writing to Step 3 by the ASSOCIATION within ten (10) calendar days shall be considered waived. - 5 - Step 3. If appealed, the written grievance shall be presented by the . ASSOCIATION and discussed with the EMPLOYER-designated Step 3 representative. The EMPLOYER-designated representative shall give the . ASSOCIATION the EMPLOYER'S answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the EMPLOYER-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the - ASSOCIATION within ten (10) calendar days shall be considered waived. Step 4. A grievance unresolved in Step 3 and appealed to Step 4 by the ASSOCIATION shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the "Rules Governing the Arbitration of Grievances" as established by the -Public Employment Relations Board. 7.5 Arbitrator's Authority - 7.51 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from 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 ASSOCIATION and shall have no authority to make a decision on any other issue not so submitted. 7.52 The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the EMPLOYER and the ASSOCIATION and shall be based solely on the arbitrator's interpretation or application of the express terms of this AGREIIKENT and to the facts of the grievance presented. 7.53 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 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. 7.6 Waiver - 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 agreed 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 ASSOCIATION may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the EMPLOYER and the ASSOCIATION in each step. - 6 - 7.7 It is understood by the ASSOCIATION and the EMPLOYER that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that, if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. - 7 - ARTICLE VIII - SAVINGS CLAUSE 8.1 This AGREEMENT is subject to the laws of the United States, the State of Minnesota. In the event any provision 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. - 8 - ARTICLE IX - SENIORITY 9.1 Seniority, for the pur•pose of this AGREEMENT, shall be defined as follows: 9.11 "City Seniority" - , The length of continuous regular and probationary service with the EMPLOYER from the last date of � employment in any and all class titles. 9.12 "Class Seniority" - 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 class seniority is confined to the current class assignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the �` unclassified service of the EMPLOYER; or is granted to take an elected or appointed full-time position with the ASSOCIATION. 9.4 Subd. 1. In the event it is determined by the EMPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each division based on inverse length of "Class Seniority". Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. Subd. 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman III, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are ma.de by any class title in any department. Subd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in Subd. 1. above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "City Seniority", within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the EMPLOYER to maintain operations. - 9 - Article IX - Seniority (continued) � 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. 9.7 The EMPLOYER shall post a seniority list at least once every six (6) - months. - 10 - ARTICLE X - DISCIPLINE 10.1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: a) � Oral reprimand; b) Written reprimand; - c) Suspension; d) Reduction; e) Discharge. 10.2 Suspensions, reductions, and discharges will be in written form. 10.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. 10.4 Employees ma.y examine all information in their EMPLOYER personnel files that concerns work evaluations, co�endations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the EMPLOYER. 10.5 Discharges will be preceded by a five- (5) day preliminary suspension without pay. During said period, the Employee and/or ASSOCIATION 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. 10.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that an ASSOCIATION Representative be present. 10.7 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 Step 3 of the grievance procedure under ARTICLE VII. - 11 - ARTICLE XI - CONSTITUTIONAL PROTECTION 11.1 Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitutions. ARTICLE XII - OVERTIME AND PREMIUMS 12.1 Employees (with the exception of those covered in Section 12.2 hereof) shall be paid one and one-half (1'�) times the regular rate of pay for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.2 Section 12. 1 hereof shall not be applicable to employees holding the following administrative positions: Building Maintenance Supervisor-Libraries; Building Maintenance Supervisor-Parks and Recreation; Field Supervisor; Public Works Foreman III, Sewer Foreman III; Supervisor of Custodial Services; Supervisor of Garbage Collection; Supervisor of Pumping; Supervisor of Lime Recovery Plant. Employees in the above classifications shall be paid straight time for work performed in excess of the regular work day and/or the forty (40) hour work week. 12.3 An employee who is called back to work following the completion of his regular work day shall be guaranteed four (4) hours' pay at his regular straight time rate. 12.4 Ma3or holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Washington's and Lincoln's Birthday, Christopher Columbus Day, Veterans' Day. An employee working a major holiday as defined herein shall receive time and one-half (1�) his regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that all payments for holiday work shall be in addition to regular holiday pay. 12.5 An employee shall be compensated in either compensatory time off or overtime payment in cash. 12.6 A night differential of five per cent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m. , or ending later than 6 p.m. , provided that at least five (5) hours of said shift are worked between the hours of 6 p.m, and 6 a.m. It is further understood that in case of regularly-assigned shifts beginning earlier than 6 �..m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. - 12 - �� -�.�o ` ARTICLE XIII - UNIFORMS 13. 1 The EMPLOYER agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the EMPLOYER. It is, however, further understood that the EMPLOYER'S obligation to provide uniforms and/or safety equipment shall be - confined to present practices and/or requirements of law. 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the EMPLOYER, provided that said damage is not attributable to the negligence or other improper act of the employee. 13.3 The EMPLOYER agrees to pay $10.00 tcward the cost of each pair of safety shoes purchased by an Employee who is a member of this unit. The EMPLOYER shall contribute for the cost of two pairs of shoes per year and shall not be responsible for any additional cost for any additional shoes thereafter. This reimbursement of $10.00 per pair of shoes shall be made only after investigation and approval by the immediate supervisor of that employee. This $10.00 per pair of shoes contribution to be made by the EMPLOYER shall apply to those employees who must wear protective shoes or boots for their employment. ARTICLE XIV - VACATION 14.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 - 5 years 10 days 6 years through 15 years 15 days 16 years through 25 years 21 days 25 years or more 22 days. 14.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to carry over into the followi�ng year up to ten days' vacation. 14.4 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Subd. F. - 13 - ARTICLE XV - HOLIDAYS 15. 1 Holidays Recognized and Observed - The following days shall be recognized and observed as paid holidays: New Year's Day Presidents' Day - Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two floating holidays. . Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays 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. 15.2 The floating holidays set forth in Section 15. 1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 15.3 Eligibility Requirements - In order to be eligible for a holiday with � 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 shall the holiday be counted as a working day for the purpose of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 15.4 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 Employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. - 14 - � �- �s� ARTICLE XVI - INSURANCE 16.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by the EMPLOYER at the time of execution of this AGREEMENT. 16.2 The EMPLOYER will for the period of this AGREEMENT provide for - 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 benefits as are provided by the EMPLOYER for such employees and such life insurance benefits as provided in this Article. 16.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 16.31 Be receiving benefits from a public employee retirement act at the time of retirement. 16.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 16.33 Inform the Personnel Office of the City� of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits.. 16.4 Effective August l, 1983, for each eligible employee covered by this AGREEMENT who selects Blue Cross-Blue Shield insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $52.36 per month, whichever is less. In addition, for each employee who selects Blue Cross-Blue Shield dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $87.57 per month, whichever is less. 16.5 Effective August 1, 1983, for each eligible Employee covered by this AGREEMENT who selects Group Health insurance coverage, the ENIPLOYER agrees to contribute the cost of such coverage or $52.36 per month, whichever is less. In addition, for each employee who selects Group Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $87.57 per month, whichever is less. 16.6 Effective August 1, 1983, for each eligible employee covered by this AGREEMENT who selects Coordinated Care health insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $52.36 per month, whichever is less. In addition, for each employee who selects Coordinated Care dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $87.57 per month, whichever is less. 16.7 Effective August 1, 1983, for each eligible employee covered by this AGREEMENT who selects HMO-Minnesota insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $52.36 per month, whichever is less. In addition, for each employee who selects the HMO-Minnesota dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $87.57 per month, whichever is less. - 15 - 16.8 Effective August 1, 1983, for each eligible employee covered by ' this AGREEMENT who selects the SHARE insurance coverage, the , EMPLOYER agrees to contribute the cost of such coverage or $52.36 per month, whichever is less. In addition, for each employee who selects the SHARE dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $87.57 per month, whichever is less. 16.9 Effective October 1, 1983, for each eligible employee covered by this AGREEMENT who selects the Physicians Health Plan insurance - coverage, the EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, for each employee who selects the Physicians Health Plan dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $101.17 per month, whichever is less. Any increase in premiums after September 30, 1984 shall be paid by the employee. 16.10 Effective October 1, 1983, for each eligible employee covered by this AGREEMENT who selects the Med Center insurance coverage, the . EMPLOYER agrees to contribute the cost of such coverage or $60.85 per month, whichever is less. In addition, for each employee who selects the Med Center dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $101. 17 per month, whichever is less. Any increase in premiums after September 30, 1984 shall be paid by the employee. 16.11 The City agrees to contribute_ the cost for $5,000 of life insurance coverage for each employee who is eligible for such coverage or $2.07 per month, whichever amount is less. Any increase in this life insurance premium shall be paid by the employee. 16. 12 In addition to the $5,000 life insurance coverage in 16. 11, the EMPLOYER agrees to contribute the cost of additional life insurance coverage or 59C per thousand dollars of coverage per month, whichever amount is less. The total amount of life insurance coverage provided under this section and Section 16.11 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the City's Group Health and Welfare Plan. 16.13 Effective October 1, 1983, the August l, 1983 EMPLOYER'S contribution toward employee coverage in Subds. 16.4 through 16.8 will be adjusted in dollars to reflect the total cost of the October 1, 1983 premium rate for the Group Health coverages. Any increase in the premiums for employee coverage after September 30, 1984 shall be paid by the employee. • 16.14 Effective October 1, 1983, the August 1, 1983 EMPLOYER'S contribution toward dependent coverages in Subds. 16.4 through 16.8 will be adjusted in dollars to reflect the total cost of the October 1, 1983 premium rate for Group Health dependent coverage. Any increase in the premiums for dependent coverage after September 30, 1984 shall be paid by the employee. - 16 - ARTICLE XVII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 17.1 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 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 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. ARTICLE XVIII - SEVERANCE PAY 18. 1 Employees shall be eligible for severance pay in accordance with the School District's Severance Pay Plan. The amount of severance pay allowed shall be that amount permitted by state statutes subject to the provision that the maximum amount allowed shall be $4,000. � ARTICLE XIX - WORKING OUT OF CLASSIFICATION 19. 1 Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of EMPLOYER 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 purpose of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he were promoted to the higher classification. ARTICLE XX - MATERNITY LEAVE 20. 1 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. - 17 - ARTICLE XXI - NO STRIKE, NO LOCKOUT 21.1 The ASSOCIATION and the EMPLOYER agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay in or other considered interference with the EMPLOYER'S business or affairs by the ASSOCIATION 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 that may arise. ARTICLE XXII - RIGHT TO SUBCONTRACT 22.1 The EMPLOYER may, at any time during the duration of this AGREEMENT, contract out work done by the employees covered by this AGREEMENT. In the event that such contracting would result in reduction of the work force covered by this AGREEMENT, the EMPLOYER shall give the ASSOCIATION a ninety (90) calendar day notice of the intention to subcontract. - 18 - �� - y�-� ' ARTICLE XXIII - WAGE SCHEDULE The wage schedule for purposes of this AGREEMENT shall be as follows: Effective December 25, 1982: UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $12.28 Dispatcher I (paid out of grade) 12.20 Custodial Supervisor - Civic Center 11.32 Painter - General Foreman 15.39 0-6 mos. after 6 mos. Civic Center Foreman $10.22 $10.67 Custodian-Engineer (Public Safety Bldg.) 12.30 12.75 GRADED (Biweekly Rates) . Sanitation Foreman lst 6 mos. after 6 mos. $965.43 $992.56 Chief Meter Repairman *District Foreman Forestry Supervisor I Greenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1,023.57 $1,051.36 Bridge Maintenance Supervisor Building Maintenance Supervisor - Libraries Equipment Maintenance Foreman Foreman - Water Department Forest'ry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Supervisor of Garbage Collection Vehicle Me�hanic Supervisor � Water Shed Foreman II lst 6 mos. after 6 mos. $1,080.44 $1, 111.45 - 19 - Article XXIII - Wage Schedule (continued) Effective December 25, 1982: GRADED (Biweekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II - lst 6 mos. after 6 mos. $1,143.78 $1,178.66 Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 nos. $1,178.66 $1,212.26 Building Maintenance Supervisor - Fire Supervisor of Pumping �, lst 6 mos. after 6 mos. $1,245.22 $1,281.40 Field Supervisor lst 6 mos. after 6 mos. $1,283.36 $1,321.48 Building Maintenance Supervisor - Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1,322.12 $1,361.53 FOOD SERVICE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Months 1 Year 2 Years 3 Years $10.05 $�10.56 $11.08 $11.64 $12.26 The above Deceaber 25, 1982 rates represent a seven and one-half per cent (7�%) increase over the December 26, 1981 rates. - 20 - ��, ��o Article XXIII - Wage Schedule (continued) The wage schedule for purposes of this contract shall be as follows: Effective January 7, 1984: UNGRADED (Hourly Rates) Assistant Supervisor of Custodians $13.51 . Dispatcher I (paid out of grade) 13.42 Custodial Supervisor - Civic Center 12.45 Painter - General Foreman 16.93 0-b mos. after 6 mos. Civic Center Foreman $11.24 $11.74 Custodian-Engineer (Public Safety Bldg.) 13.53 14.03 GRADED (Biweekly Rates) Sanitation Foreman lst 6 mos. after 6 mos. $1,061.97 $1,091.82 Chief Meter Repairman _ *District Foreman Forestry Supervisor I Graenskeeper Park Maintenance Supervisor Public Works Foreman I Sewer Foreman I Supervising Gardener Traffic Maintenance Foreman I Water Service Foreman Water Shed Foreman I Zoo Foreman lst 6 mos. after 6 mos. $1,125.93 $1, 156.50 Bridge Maintenance Supervisor Building Maintenance Supervisor - Libraries Equipnient Maintenance Foreman Foreman - Water Department Forestry Supervisor II Grounds and Labor Coordinator Public Works Foreman II Sewer Foreman II Supervisor of Garbage Collection Vehicle Mechanic Supervisor Water Shed Foreman II lst 6 mos. after 6 mos. $1,188.48 $1,222.60 - 21 - Article XRIII - Wage Schedule (Continued) Effective January 7, 1984: GRADED (Biweekly Rates) Supervisor of Lime Recovery Supervisor of Water Production Maintenance Traffic Maintenance Foreman II . Lst 6 mos. after 6 mos. $1,258.16 $1,296.53 Public Works Foreman III Sewer Foreman III lst 6 mos. after 6 mos. $1,296.53 51,333.49 Building Maintenance Supervisor - Fire Supervisor of Pumping lst 6 mos. after 6 mos. $1,369.74 $1,409.54 Field Supervisor lst 6 mos. after 6 mos. $1,411.70 $1,453.63 Building Maintenance Supervisor - Parks and Rec. Supervisor of Custodial Services lst 6 mos. after 6 mos. $1,454.33 $1,497.68 FOOD SERVZCE EQUIPMENT SPECIALIST (Hourly Rates) Start 6 Months 1 Year 2 Years 3 Years $11.06 "$11.62 $12. 19 $12.80 $13.49 The above rates represent a ten per cent (10.0%) increase over the December 25, 1982 rates. - 22 - . ��so " ARTICLE XXIV - TERM OF AGREEMENT ._ 24. 1 This AGREEMENT shall be effective as of January 1, 1983 and shall continue in effect through December 31, 1984. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 24.2 It is understood that this settlement shall be recommended by the School Board Negotiator, but is subject to approval by the School Board. IN WITNESS W�iEREOF the parties have caused this Agreement to be executed this � 7 -- day of�� , �4�8'�"/9Q'y INDEPENDENT SCHOOL DISTRICT N0. 625 CITY OF SAINT PAUL MANUAL AND - MAINTENANCE SUPERVISORS' ASS'N. , . C��i1� School Board Negotiator Business Representative - 23 - _ _ ��/ ��v WHITE - CITY CLERK t PINK - FINANCE TT COI1�1C31 � CANqqy - DEPARTMENT . G I TY OF SA I NT P� lf L File NO. BI.UE - MAVOR � CITY CLERK Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saiat Paul hereby approves aad ratifies the attached Collective Bargainiag Agreemeats between the Indepeadent School District No. 625 and the Bargaining Units listed below: Professional Employees Association International Unioa of Operating Engineers, Locals 36 & 967 St. Paul Man.ual & Maintenance Supervisors Associatioa School Se�rvice Employees, Local No. 284 Approved: ` Chairmaa, Civil Service Commission COUNCILMEN Requested by Department of: Yeas Fletchar Nays Drew PERSONNEL OFFICE Masanz [n Favor Nlcosia Scheibel _ Against BY Tedesco Wilson Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY B}� _ Ap�rro�•ed by :Navor: Date Approved by Mayor for Submission to Council By BY