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84-538 WHITE - CITV CLERK � PINK - FINANCE G I TY O F SA I NT PA LT L Council ��3�� CANARV - DEPARTMENT BLUE - MAVOR File NO. � Council Resolution Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached Collective Bargainiag Agreement betweea the Iadependent School District No. 625 and the Classified Coafideatial Employees Association. Approved: Chairman, Ci il Service Commissio COUNCILMEN Requested by Department of: Yeas Nays Fletcher pERSONN OFFICE Drew In Favor Masanz Nicosia scne�be� � __ Against BY Tedesco Wilson APR 2 6 �gg� Form A ove y City Attorne Adopted by Council: Date � Certified Y• -s uncil e r ar BY ; B ' 'f � Ap by Nlavor: D te � �"1AY - 3 1984 Approv d y Mayor for Sub sio to cil FUBLISHED :�.��"�'� � :�� __ _ . _ _ . _ . . _ ___ _ � � - �r= �'s�8� Personnel Of f ice DEPARTt•1ENT ,Le.ans�rp ��t,�.+;� CONTACT 298-4�221 PHONE �� A ril 2 1 DATE ��/ p , 9$4 (Routing and Explanation Sheet) Assign Number for Routing Order (Clip All Locations for Flayoral Siqnature): �. Department Director �Ci ty Attorney CEIVE� /Mayor RE Finance and. Management ces Dire o APR� �ga4 � Ci ty Cl erk �AYfl�'S OFFICE Budget Director '�Jhat Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale)r This resolution approves the 1984-1985 Agreemeat between the Independent School District � �625 and the Classified Coafidential Employees Association. The change� in the new Agreement are showa on the attached sheet. Financial , Budgetary and Personnel Impacts Anticipated: Noae. , Funding Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachrr�nts) : 1. Resolution 2. Agreemeat r �'- !Z%�'e�. DEPARTMENT REVIEW CITY ATTORNEY REVIEW 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 f�P� RPVPI^CP Side for 'Instructions} ' "' ' BOA,RD MEETING AGENDA REQUEST C� ��3� All requests must be in the of�ce of the Deputy Superintendent one week in advance of the ar meeting or w ic t e item is inten e . A in ormation requeste in t e spaces e ow is to e provi e . Fai ure to provi e comp ete information will result in the item being re- turned to the cdministrator making the request and that person will be responsible for any delay fihat resulh. Information needed for the Board meeting should be sent with the agendc request. Twenty-five copies of the mQterial should be sent to the office of the Deputy Super- • in'endent at t e time t e request is su mitte . Kenneth A. Berg Deputy Superintendent SocTrd Mestin Dcte February 21, 1984 Employment agreement with the Cit�. g agertdo Item of Saint ?aul Class.ified Confi- dential Employees Ass 'n. Requested by Phyllis E. Byers Departmenfi NeQot�ations Resolution: Yes x No Attorney's Approvel l��ryy T Budget to be charged � Budget Administrator Expended to date $ Total bvdgeted g Encumbered to dQte $ Ba(ance in budget $ �nformation ort the Ifem iv� etar e in ormation on the item. information should include where the p�ogram is to operate, source of the funds, lengfih of time or date. If more spece is needed, use the other side of this sheet. Ihis is a two-year Agreement for the period January 1, 1984, through December 31, 1985. Changes are as follows: :iolidays Article: Revised to allow temporary employees to become eligible, after 67 days, for holiday pay. Insurance Article: T - Clerical and Technical Group: In each year, the District will pick up Che premium increase�in employee coverage as well as the prenium increase in ��endent coverage in the lower-cost plans. Employees selecting the two hi�+;�-�er-cost plans will pay 25% of the premium increase for dependent coveraoe. - Professional Group: Revised language establishes new maximum amounts the District will pay toward insurance coverages. In the second year of the Agreement, the District will pick up all. the premium increases for the eaployee coverages and 75% of the premium increases for dependent coverages. Seniority Articl�: Revised to include language which mer�es various titles for seniority purposes. Severance Pay Article: New standard Severance Pay Plan increases maximum payment from $4,000 to $6,500. �on-discrimination (New Article) : Standard language stating that there shall be no discrimination in administering this Agreement. ' (PLEASE SEE REVERSE SI�� -*'� �j a te 6 , b �. $ignafure of administrator submitting request , Ccp�� of Agreemer.� is attached or on file in the Negc�tiations Office . �F �f-S 38" � . 1984 - 1985 .. AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 AND . CITY OI� SAINT PAUL CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION • T � ��-`�``� J � � I N D E X ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Check Off 3 III Hours of Work 4 IV Work Breaks 6 ' V Holidays 7 VI Employee Rights - Grievance Procedure 9 ` VII Mileage--Independent School District No. 625 13 � VIII Vacation 14 IX Insurance - Clerical and Technical Group 15 X Insurance - Professional Group 19 XI Working Out of Classification 23 XII Employee Records 24 XIII Bulletin Boards � 24 . XIV Wages 25 XV Maintenance of Standards 25 XVI Leaves of Absence 26 XVII Military Leave of Absence 28 XVIII Management Rights 29 XIX Seniority 30 XX Discipline 33 XXI Legal Services 34 XXII Severance Pay 35 XXIII No Strike, No Lockout 38 . XXIV Non-discrimination 38 XXV Terms of Agreement 39 Appendix A A1 - A4 � - �� - r � PREAMBLE � This AGREEMENT entered into by Independent School District No. 625, hereinafter referred to as the EMPLOYER, and the City of Saint Paul Classified Confidential Employees Association, hereinafter referred to as the ASSOCIATION, has as its purpose the promotion of harmonious relations between the EMPLOYER and the ASSOCIATION, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. _ � � - iii - Y . ��"5 �� ARTICLE I - RECOGNITION � ' 1.1 The EMPLOYER recognizes the ASSOCIATION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, • hours, and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota Bureau of Mediation Services, dated November 12, 1975, in Case No. 76-PR-658-A and October 14, 1977, in Case No. 77-PR-685-A, and set forth in Section 1.2 below. - 1.2 The bargaining unit covered by this AGREEMENT shall consist of the following: All classified confidential employees of Independent School District No. 625, Saint Paul, Minnesota, who are employed in the Personnel Department, and secretaries to the Board of Education, Superintendent of Schools, Deputy Superintendent, Negotiator, Board of Education Attorney, and Administrative Assistant to the � Superintendent, who are employed for more than 14 hours per week and for more than 100 work days per year, excluding all other employees. Clerical and Technical Group Budget Technician I Clerk-Stenographer III Budget Technician II Data Processing Aide Budget Technician III Duplicating Equipment Operator Budget Technician IV Duplicating Equipment Operator Supervisor - Civil Service Transaction Clerk I Duplicating Equipment Operator Trainee � Civil Service Transaction Clerk II Orientation Coordinator - Clerk I Personnel Clerk - Board of Education Clerk II Personnel Technician I � Clerk III Personnel Technician II Clerical Supervisor Personnel Technician III Clerk-Typist I Planning Technician I Clerk-Typist II Planning Technician II Clerk-Typist III Public Information Technician Clerk-Stenographer I Secretary Clerk-Stenographer II � - 1 - r T Article I - Recognition (continued) � Professional Group Accountant I ' Budget Analyst IV Accountant II Employee Benefits Coordinator Accountant III Personnel Assistant I Budget Analyst I Personnel Assistant II Budget Analyst II Personnel Assistant III • Budget Analyst III 1.3 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 and, 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 e provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 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, Section - 1.3. . � - 2 - � _ G�- �/�s�c� ARTICLE II - CHECK OFF � . . 2.1 The EMPLOYER agrees to deduct the ASSOCIATION 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 ASSOCIATION 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. 2.2 The ASSOCIATION agrees to indemnify and hold the EMPLOYER harr.:less . 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. � � - 3 - - , ARTICLE III - HOURS OF WORK � 3.1 The normal work day shall be seven and three-fourths ( 7 3/4) consecutive hours per day, excluding a forty-five- (45) minute lunch period, fifteen (15) minutes of which shall be paid. 3.2 The normal work week shall be five (S) consecutive normal work days in any seven- (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eignt and three-fourths (38 3/4) hours per week. . 3.4 This section shall not be construed as, and is not a guarantee of, any � hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. . � 3.6 Employees in this bargaining unit working under a title listed under the heading "Clerical and Technical Group" in Article 1.2 shall be recompensed for work done in excess of the normal hours established above in this Article 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 overtime rate of one and one-half shall be computed on the basis of 1/80th of the biweekly rate. _ 3.7 Employees working in a title listed under the heading "Professional _ Group" in Article 1.2 who work more than seven and three-fourths (7 . 3/4) hours in any 24-hour period or more than thirty-eight and three-fourths (38 3/4) hours in any 7-day period shall not receive pay for such additional work except as in 3.8 below. • - 4 - � � � �� Article III - Hours of Work (continued) � 3.8 It is understood by the parties that Section 28.H - OVERTIME of Resolution No. 3250 shall not apply to employees in the bargaining unit working under a title listed under the heading "Professional Group" in Article 1.2. In unusual circumstances, a departr�ent head may grant these enployees who work more than seven and three-fourths (7 3/4) hours in any twenty-four- (24) hour period or more than thirty-eight and three-fourths (38 3/4) hours in any particular 7-day period compensatory time or pay on a straight-time basis for the extra - hours worked. - 3.9 Normal work schedules showing the employee's shift, work days, and hours shall be posted on all department bulletin boards at all times. It is also understood that deviation from posted work schedules shall be permissible due to emergencies, acts of God, and overtime may be required. � 3. 10 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 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.B of the Civil Service Rules under the heading "Special Employments", nor to any person whose regularly- � scheduled work day is less than four hours. . - 5 - ARTICLE IV - WORK BREAKS 4.1 Rest Periods. All employees' work schedules shall provide for a � fifteen-minute rest period during each one-half shift. The rest period shall be scheduled by management at approximately the middle of each one-half shift whenever it is feasible. 4.2 If an employee is scheduled to work a full half-shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said half-shift. � • - 6 - �� ' ARTICLE V - HOLIDAYS � 5. 1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Two floating holidays. � Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. [�Ihenever 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. � 5.2 The floating holidays set forth in Subd. 5. 1 above may be taken at any time during the contract year, subject to approval of the department head of any employee. 5.3 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. � - 7 - Article V - Holidays (continued) . � 5.4 Notwithstanding Subd. 5.3, effective April 1, 1984, a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (67) consecutive work days. No temporary employee shall be eligible for any floating holidays. 5.5 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 a day on which school is not in session and shall be determined by - agreement between the employee and the supervisor. ��. � � - 8 - , , 0 'LJ�'`-�r� � ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE � 6.1 The EMPLOYER shall recognize stewards selected in accordance with ASSOCIATION rules and regulations as the grievance representatives of the bargaining unit. The ASSOCIATION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the EMPLOYER and the ASSOCIATION that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore _ be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a _ grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of the supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. . 6.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article XX for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this AGREEMENT. 6.4 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 with or without the steward " 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 infortaal discussion, it may be reduced to writing and referred to Step 2 by the ASSOCIATION. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the AGREEMENT violated, and . • the relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within seven (7) work days of the first occurrence of the event giving rise to the grievance shall be considered waived. - 9 - Article VI - Employee Rights - Grievance Procedure (continued) Step 2. Within seven (7) work days after receiving the written . grievance, a designated EMPLOYER supervisor shall meet with the ASSOCIATION 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 ASSOCIATION within .three (3) work days following this meeting. The ASSOCIATION may refer the g'rievance in writing to Step 3 within seven (7) work days following receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the ASSOCIATION within seven (7) work days - following receipt of the EMPLOYER'S answer shall be considered waived. - Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2, a designated EMPLOYER supervisor shall meet with the ASSOCIATION Business Manager or his designated representative, the employee, and the steward, and attempt to resolve the grievance. Within seven (7) work days • following this meeting, the EMPLOYER shall reply in writing to the ASSOCIATION, stating the EMPLOYER'S answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the ASSOCIATION may refer the grievance to Step 4. Any grievance not referred in writing by the ASSOCIATION to Step 4 within seven (7) work days following receipt of the EMPLOYER'S answer shall be _ considered waived. � - 10 - � � � �-��' Article VI - Employee Rights - Grievance Procedure (continued) � Step 4. If the grievance remains unresolved, the ASSOCIATION may within seven (7) work 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 ASSOCIATION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either � party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the EMPLOYER ` and the ASSOCIATION shall have the right to strike two (2) names from the panel. The ASSOCIATION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. � 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the ASSOCIATIOrI 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 ASSOCIATION, and the employees. • - 11 - Article VI - Employee Rights - Grievance Procedure (continued) 6.6 The fees and expenses for the arbitrator's services and proceedings � shall be borne equally by the EMPLOYER and the ASSOCIATION, provided that each party shall be responsible for compensating its own 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. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the ASSOCIATION. 6.8 It is understood b.y the ASSOCIATION 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. � - 12 - � � � �Li��' ARTICLE VII - MILEAGE - INDEPENDENT SCHOOL DISTRICT N0. 625 � 7. 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 ra"te 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 sinilar position. Under this plan, it is necessary for the employee to keep a record of each trip made. • � - 13 - ARTICLE VIII - VACATION � 8.1 In each calendar year, each full-time employee working under a title listed under the heading "Clerical and Technical Group" in Article 1.2 shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 through 4 years 10 days Sth year through the 9th year 15 days lOth year through the 15th year 17 days - 16th year through the 23rd year 21 days 24th year and thereafter 26 days. - 8.2 In each calendar year, each full-time employee working under a title listed under the heading "Professional Group" in Article 1.2 shall be granted vacation according to the following schedule: Years of Service Vacation Granted • Less than 8 years 15 days After 8 years through 15 years 20 days After 15 years and thereafter 25 days. 8.3 The head of the department may permit an employee to carry over into the following year up to ten days' vacation. . 8.3 The above provisions of vacation shall be subject to the Saint Paul . Salary Plan and Rates of Compensation, Section I, Subd. H. . � - 14 - � t� ��-�� ARTICLE IX - INSURANCE - CLERICAL AND TECHNICAL GROUP � 9. 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. 9.2 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. 9.3 In order to be eligible for the benefits under the early retiree - provision, the employee must: 9.31 Be receiving benefits from a public employee retirement act at the time of retirement. 9.32 Have severed his relationship with the City of Saint Paul • under one of the early retiree plans. 9.4 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, for each employee who selects Group Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $101.17 per month, whichever is less. 9.5 For each eligible employee covered by this AGREEMENT who selects Coordinated Health Care, 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 Care dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $111.00 per month, whichever is less. � - 15 - Article IX - Insurance - Clerical and Technical Group (continued) 9.6 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 $61.14 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 $112.09 per month, whichever is less. 9.7 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 E1�SPLOYER will contribute the cost of such dependent's ' coverage or $111.30 per month, whichever is less. 9.8 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 EMPLOYER will contribute the cost of such dependent's coverage or $193.26 per month, whichever is less. 9.9 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 �$141.88 per month, whichever is less. - 9.10 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 $174.32 per month, whichever is � less. - 16 - ��-�� Article IX - Insurance - Clerical and Technical Group (continued) � 9.11 The EMPLOYER 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. 9. 12 The contributions indicated in 9.4 through 9. 10 shall be paid to the EMPLOYER'S Group Health and Welfare Plan. 9. 13 Effective October 1, 1984, the figures in Articles 9.4, 9.5, 9.6, and 9.7 above will be adjusted in dollars to reflect the cost of - the October 1, 1984 premium rates for the respective coverages. � 9.14 Effective October 1, 1984, the amount of the EMPLOYER'S contribution toward employee coverage in Articles 9.8, 9.9, and 9.10 shall be adjusted in dollars to reflect the cost of the October 1, 1984 premium rates for the respective employee coverages. ! 9.15 Effective October 1, 1984, the amount of the EMPLOYER'S contribution toward dependent coverage in Articles 9.8, 9.9, and 9.10 above shall be adjusted to reflect the October, 1983 Employer's contribution plus seventy-five per cent (75%) of the October 1, 1984 increase in the premium rates for the respective dependent's coverages. 9.16 Effective October 1, 1985, the figures in Articles 9.4, 9.5, 9.6, and 9.7 will be adjusted in dollars to reflect the cost of the October 1, 1985 premium rates for the respective coverages: 9. 17 Effective October 1, 1985, the amount of the EMPLOYER'S contribution toward the employee coverages in Articles 9.8, 9.9, and 9.10 shall be adjusted in dollars to reflect the cost of the October 1, 1985 premium rates for the respective employee coverages. � � - 17 - Article IX - Insurance - Clerical and Technical Group (continued) � 9.18 Effective October 1, 1985, the amount of the EMPLOYER's contribution toward the dependent's coverages in Articles 9.8, 9.9, and 9.10 shall be adjusted to reflect the October 1, 1984 EMPLOYER'S contribution plus seventy-five per cent (75%) of the October 1, 1985, increase in the premium rates for the respective dependent's coverages. 9. 19 Effective December 31, 1985, the EMPLOYER'S contribution toward employee and dependent coverages shall be ad�usted back to the - respective amounts which were in effect on September 30, 1985. The amount of the EMPLOYER'S contribution toward employee and - dependent's insurance coverages in 1986 will be negotiated. � � - 18 - . � � �-v-��' ARTICLE X - INSURANCE - PROFESSIONAL GROUP � 10.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREEMENT. 10.2 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. 10.3 In order to be eligible for the benefits under the early retiree ' provision, the employee must: 10.31 Be receiving benefits from a public employee retirement act at the time of retirement. 10.32 Have severed his relationship with the City of Saint Paul • under one of the early retiree plans. 10.4 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 EMPLOYER will contribute the cost of such dependent's coverage or $151.81 per month, whichever is less. 10.5 Effective January 1, 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 $128.59 per month, whichever is less. ' • - 19 - Article X - Insurance - Professional Group (continued) 10.6 Effective January 1, 1984, for each eligible employee covered by � this AGREEMENT who selects the Physicians Health Plan insurance coverage, the EMPLOYER agrees to cqntribute 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 $151.81 per month, whichever is less. 10.7 Effective January l, 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, for each e�ployee who selects Group Health dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $101.17 per month, whichever is less. 10.8 Effective January 1, 1984, 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 $58.00 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 $111.00 per month, whichever is less. 10.9 Effective January l, 1984, 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 $61.14 � 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 $112.09 per month, whichever is less. . - 20 - � � ��y-�� Article X - Insurance - Professional Group (continued) � 10.10 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. 10. 11 The Employer agrees to contribute the cost for $S,OOC 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. 10. 12 In addition to the $5,000 life insurance coverage in 10. 11, the EMPLOYER agrees to contribute the cost of additional life insurance coverage or S1C per thousand dollars of coverage per � month, whichever amount is less. The total amount of life insurance coverage provided under this subdivision and Subd. 10.11 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this subdivision, 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 Employer's Group Health and Welfare Plan. 10. 13 Effective October 1, 1984, the Employer's contribution toward employee coverages in Subds. 10.4 through 10. 10 will be adjusted in dollars to reflect the total cost of the October 1, 1984, premium rates for the respective employee coverages. Any increase in premiums for any employee coverage after September 30, 1985, shall be paid by the employee. . - 21 - Article X - Insurance - Professional Group (continued) 10.14 Effective October 1, 1984, the Employer's contribution toward � dependent coverage in Subds. 10.4 through 10.6 will be adjusted in dollars to reflect seventy-five per cent (75%) of the October 1, 1984, premium increases for the respective •dependent's coverage. Any increase in the premiums for these dependent's coverages after September 30, 1985, shall be paid by the employee. 10. 15 Effective October 1, 1984, the Employer's contribution toward dependent's coverages in Subds. 10.7 through 10. 10 will be . adjusted in dollars to reflect the total cost of the October 1, � 1984, premium rates for the respective dependent's coverages or - $120.00, whichever is less, plus seventy-five per cent (75%) of that portion of ar.y October 1, 1984, dependent's coverage premium which is in excess of $120.00. Any increase in the premiums for these dependent's coverages after September 30, 1985, shall be paid by the employee. • 10. 16 At the ASSOCIATION'S option, the EMPLOYER agrees to pay an amount per month for each employee eligible for such coverage, to a Dental Insurance Fund to be established by the ASSOCIATION. If such option is exercised, the amount shall be converted to a percentage and, notwithstanding any provision of this contract to the contrary, the percentage shall be deducted from the 5.0% wage increase for 1984 applicable to each and every employee in the . bargaining unit for 1984. It is clearly understood by all parties that if the ASSOCIATION elects the option under this subdivision, this fund shall be administered solely and entirely by the ASSOCIATION. It is further understood that any Dental Insurance Program obtained through monies submitted to this Fund shall be administered solely and entirely by the ASSOCIATION. 10. 17 The provisions of this Article X apply only to employees working � under the titles listed under the heading of "Professional Group" in Article 1.2. - 22 - ��-�3�' ARTICLE XI - WORKING OUT OF CLASSIFICATION � 11.1 EMPLOYER shall avoid, whenever possible, working an e�aployee 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 rate the employee would receive if such employee received a regular appointment to the higher classification. 11.2 For the following classifications, the provisions of 11. 1 shall not • apply to performance of the duties of the next higher classification in the j ob series: Clerk I Clerk-Stenographer I Duplicating Equipment Operator Trainee Clerk-Typist I. • - 23 - ARTICLE XII - EMPLOYEE RECORDS 12. 1 Any written reprimand made concerning any member of this bargaining • unit which is filed with the Personnel Office or within any EMPLOYER department, shall be shown to the �ember before it is placed on file. Before the reprimand is placed on file, the EMPLOYER shall request from the employee an acknowledgment, in writing, that the repritaand has been read by said employee. 12.2 Any member of the bargaining unit may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper notice to the . supervisor in custody of such file. ' 12.3 Any member of the bargaining unit may file a grievance or a discrimination complaint and there shall be no retaliation by the EMPLOYER for such action. ARTICLE XIII - BULLETIN BOARDS • 13. 1 The EMPLOYER shall provide reasonable bulletin space for use by the ASSOCIATION in posting notices of ASSOCIATION business and activities, said bulletin board space shall not be used by the ASSOCIATION for political purposes other than ASSOCIATION elections. Use of this bulletin board is subject to approval of the department head. • - 24 - . • l(,�' �i(/-.�3� ARTICLE XIV - WAGES • 14. 1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the employer from the following: 1. Reorganizirig 2. Abolishing classifications 3. Establishing new classifications 4. Regrading classifications • 5. Reclassifying positions. � Both parties also agree that titles and grades in Appendix A refer to employees in the positions at the date of signing of the AGREEMENT. No employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place. � 14.2 Notwithstanding Subd. 14. 1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees and City employees who receive different pension benefits. ARTICLE XV - MAINTENANCE OF STANDARDS � 15. 1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard set forth in the Civil Service Rules of the City of Saint Paul 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. � - 25 - ARTICLE XVI - LEAVES OF ABSENCE � 16. 1 Leave of Absence. After three months' employment, an employee may 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) . 16.2 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 regular 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. 16.3 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 declared 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 persons up to a maximum of eight hours sick leave. - 16.4 Leave without Pay. Any employee who engages in active service in tine - 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. Such leaves of absence as are granted under Article XVII shall conform to Minnesota Statutes, Section 192, as amended from time to time and � shall confer no additional benefits other than those granted by said . statute. - 26 - �� Article XVI - Leaves of Absence (continued) � 16.5 Jury Duty. Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the Employer, shall be paid his regular pay while he is so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the Employer and be deposited with the Employer Business Office. Any employee who is scheduled to work a shift other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or � witness. . 16.6 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of � such leave to attend the funeral of the employee's grandparent or grandchild. 16.7 An employee elected or appointed to a full-time paid position by the • exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of the exclusive representative. 16.8 Maternity Leave. Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at _ any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. 16.9 Education Leave. Leave with pay may be granted for educational purposes at the option of the Employer. � - 27 - ARTICLE XVII - MILITARY LEAVE OF ABSENCE � 17.1 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 Corps, 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 component 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. � - 28 - ' ' �� ARTICLE XVIII - MANAGEMENT RIGHTS � 18.1 The ASSOCIATION 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. All rights and authority which the EMPLOYER has not officially abridged, delegated or modified by this Agreement are retained by the EMPLOYER. 18.2 A public employer is not required to neet and negotiate on matters of inherent managerial policy, which include, but are not limited to, � such areas of discretion or policy as the fur.ctions and programs of the EMPLOYER, its overall budget, utilization of technology, and. � organizational structure and selection and direction and number of personnel. � • - 29 - ARTICLE XIX - SENIORITY 19.1 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 employee's rank on the eligible list from which certification was made. 19.2 Seniority shall terminate when an employee retires, resigns or is discharged. - 19.3 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 department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total • seniority in all titles listed on the corresponding line under Column B. Department will identify such least senior employee in the department reducing positions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other . District department, the Personnel Department shall place the affected employee in such vacancy. If two or more vacant positions are • available, the Personnel Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and if the employee affected by the original departmental reduction is more senior, he/she shall have the right to claim that position and the least senior District employee in such titles shall be the employee laid off. For the purposes of this • Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. - 30 - � �� Article XIX - Seniority (continued) � Column A Column B Clerk I Clerk I, Clerk II Clerk II Clerk I, Clerk II Clerk-Typist I Clerk-Typist I, Clerk-Typist II Clerk-Typist II Clerk-Typist II, Clerk-Typist I Clerk-Stenographer I Clerk-Stenographer I, Clerk-Stenographer II Cashier I Cashier I, Cashier II Cashier II Cashier II, Cashier I Accounting Machine Operator I Accounting Machine Operator I, Accounting Machine Operator II Accounting Machine Operator II Accounting Machine Operator II, Accounting . Machine Operator I Data Entry Operator I Data Entry Operator I, Data Entry Operator II - Data Entry Operator II Data Entry Operator II, Data Entry Operator I ' Duplicating Equipment Operator Duplicating Equipment Operator Trainee, Trainee Duplicating Equipment Operator Duplicating Equipment Operator Duplicating Equipment Operator, Duplicating Equipment Operator Trainee. 19.4 In cases where there are promotional series, such as Clerk I, II, 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 made by any class title within any department. 19.5 In cases where an employee to be laid off has held no regular appointment in a lower title in the same promotional series as his/her current title, that employee will be offered a reduction to the title within the bargaining unit to which he/she was regularly appointed immediately prior to his/her current title, so long as there is either � a vacancy or, if no vacancy exists, a less senior employee in such title may be displaced. In cases where an employee to be laid off has held no regular appointment to any titles immediately prior to his/her current title, said employee shall be laid off. The employee reducing into a title formerly held must satisfactorily complete a six-month probationary period in such title. • - 31 - Article XIX - Seniority (continued) If the probationary period is not satisfactory, the employee shall, at � any time during the probationary period, be reinstated to his/her former title and shall be laid off, but such employee's name will be placed on the reinstatement register in his/her former title and "bumping" rights herein shall not again apply to such employee. This procedure will be followed by the City for City employees, and by the Board of Education for Board of Education employees; however, City employees being reduced or laid off may not displace Board of Education employees; Board of Education employees being reduced or laid off may not displace City employees. 19.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 19.7 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. • 19.8 The provisions of this Article are applicable only to positions within the bargaining unit covered by this Agreement. • - 32 - . , �r=�-s�� ARTICLE XX - DISCIPLINE � 20. 1 The EMPLOYER will discipline employees for just cause only. Discipline will be in the form of: 20. 11 Oral reprimand, � 20.12 Written reprimand; 20. 13 Suspension; 20.14 Reduction; 20. 15 Discharge. 20.2 Suspensions, reductions, and discharges will be in written form. ' 20.3 Employees and the ASSOCIATION will receive copies of written reprimands and notices of suspension and discharge. - 20.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reas�Ziable times under direct supervision of the EMPLOYER. 20.5 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. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that an ASSOCIATION representative be present. 20.7 Grievance relating to this Article shall be processed in accordance with existing Civil Service procedures, except that oral and written reprimands shall be taken up in the grievance procedure under Article VI. � - 33 - ARTIICLE XXI - LEGAL SERVICES 21. 1 Except in cases of mal�easance in office or willful or wanton neglect � of duty, the employer shall defend save harmless and indemnify employee against tort claim or demand whether groundless or otherwise arising out of alleged acts or omission occurring in the performance or scope of the employee duties. � s - 34 - . . �.=��5�' ARTICLE XXII - SEVERANCE PAY � 22. 1 The Employer shall provide a severance pay program as set forth in this Article. 22.2 To be eligible for the severance pay program, an employee must meet the following requirements: 22.21 The employee must be 58 years of age or older or nust 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. 22.22 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. 22.23 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. � 22.24 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. 22.25 The employee must have accumulated a minimum of sixty (60) - � days of sick leave credits at the time of his separation from service. - 35 - Article XXII - Severance Pay (continued) � 22.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day o€ accrued sick leave subject to a maximum of 200 accrued sick leave days. 22.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. ' 22.5 For the purpose of this severance pay program, a death of an employee �. shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may. be made to the employee's estate or spouse. 22.6 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. 22.7 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. • 22.8 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. 22.9 The provisions of this Article shall be effective as of January 1, � 1984. • - 36 - . - (%��'�/�yJ� Article XXII - Severance Pay (continued) � 22.10 Any employee hired prior to December 31, 1983 may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment) , draw severance pay. However, an election by the employee to draw severance pay under either this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall be entitled only to the benefits of this Article upon � meeting the qualifications herein. 22.11 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this Article if such employee is also eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 19, 1983. • � - 37 - ARTICLE XXIII - NO STRIKE, NO LOCKOUT � 23. 1 Neither the Association, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the full performance of their duties during the life of this Agreement, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this Article, the Employer will warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his full duties within twenty-four ' (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. , 23.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its_ appointing authorities during the life of this Agreement. • ARTICLE XXIV - NON-DISCRIMINATION 24. 1 The terms and conditions of this AGREEMENT will be applied to employees equally without regard to or discrimination for or against any individual because of race, coTor, creed, sex, age or because of membership or non-membership in the ASSOCIATION. 24.2 Employees will perform their duties and responsibilities in a � non-discriminatory manner as such duties and responsibilities involve ' other employees and the general public. � . � - 38 - • N �� Vr�� ARTICLE XXV - TERMS OF AGREEMENT � 25. 1 Complete Agreement and Waiver of Bargaining. This AGREEMENT shall represent the complete AGREEMENT between the ASSOCIATION 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 ASSOCIATION, 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. 25.2 Saving 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 provision shall be voided. All other provisions shall continue in full force and effect. 25.3 Term of Agreement. This AGREEMENT shall be in full force and effect from January 1, 1984, through December 31, 1985, and shall automatically be 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 whereof, the parties have caused this AGREEMENT to be executed this ��K..day of February, 1984. �• � � - 39 - ��' Article XXV - Terms of Agreement (continued) � 25.4 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the Board of Education of Independent School District No. 625 and is also subject to ratification by the City of Saint Paul Classified Confidential Employees Association. WITNESSES: � INDEPENDENT SCHOOL DISTRICT N0. 625 CITY OF SAINT PAUL CLASSIFIED - CONFIDENTIAL EMPLOYEES ASSOCIATION � ; , �' �:� � � �,t� BY. .+��iG4iG- BY: ` ,�L�tt�iL-�1�... . lt��G�"f. School Board Negotiator Business Representative � - BY: BY: Superinten ent, I .D. 6 . .s - 40 - _ j� _ H H M r't H r-� r-• r-� i--� � �--� f-+ r-� r-� r� r r- CrJ � �' fD w �' � � � � � � � � � � � � rn fD fD U� rt fD 00 00 00 00 00 00 rh 'C (D l!� v l.n �I l.n �! ln v ln v ln �I (D • N Sv N cn G� I I 1 1 I 1 I I I I I I f'> O C f> • C 0o Oo O� 0o Oo Oo Oo 0o Oo O� OD Oo rr �C C W C tn � tn � v+ � tn � �n .� tn t� C � fD c�D � N � � w � fDw w � • n> � v� v� u� v+ v+ v� v� v+ v� r r � � G O G oo v+ v+ w � n� w � �--� �o �C v aw � w wv+ �cw � � � � � r.� o� rv N� r�o � o� oo � � � w Nrn w � Nv+ 9 V� A� v O� O� O O� �O O N �O V� O �I � ln �'j V � � . � � � � . n �c a �o Oo 0o O� �n tn V� ln �n �n v� ln �n �n 1� cn U+ N l� O �I 00 ln O� l� ln N W O r--� 00 . rt � tJ� � lJ� C� O W 00 r-� lJ� �O l� �O W �O a1 fD I • 'O rt �C M �n v �D N O� tn O� r-• l� O �o l� • (A N f9 G U'i �--� 1� OD tJ� V 1.n �G �I N O� �O n � rt tA f9 ri lD • �` N � � N 1� rh rt rh O� ln O� ln l!� ln V+ ln l!� ln tn ln • I--+ O fD O N �C O �I Oo v� �I .L� v+ N N O rt 'C7 M Co 0� O N �I �O C� �C O l� �O W (� n N O c!5 Cn l� V+ v r� v �I 0o W Oo C� O OG p r'r Vi r'r �C O� C� V� Oo �C l� � �I A O r� w�o w b C N F-' N C� O� C� l!� O� Ui lJ� ll� l!� lJ� lJi Vi fD a ',a ln N N �G O � �O O� �I L� .L� N n N r-+ l� .L� OD �O �I 00 O W �I r� n rr o �-► n c� c7 c� c� c� cn c� r o �' � R' oo � f-+ o w � �c �o C � w �c r v �n � i� w fo ►-� ri rr ri O� v N v lr fD v v 'L7 fD ln O N O N fD T �O M fD C O W O ri rt F-+ ri �i ri C ri � v�o � oGa � a�' � �' x � n x r v> � m � v� y w r+ v� y m r-� r� �O O� O� r7 O� O� �C O� O� ft H O� l!� r'1 l!� lJ'� �C 1.1� 11t "�d � r r7 r-• OD 1� fD .L� � 'L7 W O F'� i--� OD fD 00 O� 'C O� l� f,' H �'Cf � v+ �n O V� rr 00 � C� O� W N N � OD �O � �D rr F'� OD r� O C� CrJ o i i . . o . . �, . . � . . o . . �, . . n r� a z �t ��c o o� oo �c � n �c v �o � oa �- o rr o� v+ x r ry ao �o �o �e oo �n �t v+ r rv oo c� o w �t r �c u� v c� r-i fD r't i/s t'S TJ H � •y ~ M H '�C 0� �o �' w �' H H = � � is � � o� n v� c� o� o� � o� a� � o� �n v, u, ~ � 9 K rh O rA O v v 1� O� N fD l� r-� r-� OD Oo t1� C!� F-' F-' �O lJ� !-I W r-� O OD � W N h-I � r+ �I �O 1'T fD 00 fD H 1"t �sJ �' (� r{ f) V �D OD 00 N V N O� O �D V �I 6� r't fD rt �O �O �O O W �O O O� W N N 00 �O � p� rw7 p� (p rt fD � ri � n, �t w . fD w w rr ' C r* � O r� fD �' f� �i v� w �t � a� rn a� o. c. rn o� o� v� o. v� � I 'C � fD N �O �O O� �7 l� H V'i N N �C O v O �C fD Q� 0� W W O A N rt V tJ� �I �I O N I fD �"{ fY (A a1 . 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G m rr r� r� r• r-� � r� � y w � v� v+ w w w n� N N � � �o �c o � n cr r � oo � .� �, rn o � o �c v+ n o �t �o 000 0 � � � � � r.> o� o0o i �t • w �o v Oc w o� oo O N tv r— � Oc rS N N O O O� �I r N O� N �I N 00 � W l� � � � p0 r� r-� r-� r-� r r-� r-� r-� r-� r� r-� r-� 1� �D 6� O� l� W W W W N r-+ r O �C r-� 0� �D �-' N Vt V r-� O W tJi O N �i tJ� � wN �I O� r+ W �D W r-� �C U'i O O� V I fY r't O� 00 O� �G O W ln lJ'� 00 �I W l� r'l tn � l� O O� O� .L� �I N � O C� V� 00 � � • (p � 1 �� i �, � �+H17E — C�i"Y CLER✓. � � 'itJY. — FI`:AN:.F_ � '1 t�� p'�'�� (`�'� 7 1pg$ 7 l.OI1S�ICS1 q�j :A^iA�?'r " �I,-PAfi?MEtJT C� � ,f�., i �_73� �_7L� :11V��, .i�L� l.TI� U S✓� i�t J e — ��.:.i J R . , E�IIE �i Q. ---- CITY CLERK �`�.�`�� s�.��'� Presented F3y ------ -- — --- -- — Referred To ____ _�— — Committee: Date — _.__ Out of Committee �3y___ _ --__ nate - — RESOLVED, that the Counc�l of �he City of Saint Pau1 hereby approves and ratifies the attached Collecti.ve Bargaining Agreemeztr be�ween the Indepcndent Schoo� Distrirt No. 625 and the Classified Confidential Employees Association. Approved: Chairm�n, Civil Sprvice Comr.�ission COUNCIL;�IEN Yeas Na}•s Requested by Department of: Fietcher PERSONiV�L OFFICE Drew In Favor — Masanz Nicosia Scheibei - -- Ag3inst BY ------- ,– --.T Tedesco Wiison Form Approved by City Attorney Adopted b�,� Council: Datc —__�—_—__ ._ Certified Passed by Council Secretary By _ _ �� ---- --------- Appro.ed h,� :lavor. Date —_— ______ __ �pproved by �4layor for Submission to Cour�cil B�' ___ ------ ------------ -- Bv