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84-1314 WHITE - CITV CLERK PINK - FINANCE G I TY OF SA I NT PA U L Council CANARV - DEPARTMENT BLUE - MAVOR File NO. �� , Cou cil Resolution Presented By Referred To �/N��L� Committee: Date 7—�� Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1984-1985 Agreement between the Independent School District No. 625 and the Teamsters Local 320 representing Food Service personnel. Approved: ��G� Chair, Civ 1 Service Commission � COUfVCILMEIV Requested by Department of: Yeas ��F F��ay� � PERSONNEL OFFICE � Drew In Favor - Masanz Nicosia Scheibel � __ Against BY Tedesco / iA[iFssR- (/ Adopted by Council: Date `��f � 7 19� Form A ove City o �y Certified Pas ouncil ' et BY sy- � A► d by 1Aavor: Date ` e�CT — � �p� A by Mayor for Submis to ouncil �� PUBLISHED 0 C T � 1984 � � /� 3 Personael office _ DEPARTI�tENT ' � �� . ar Sehs+nia �ONTACT 298-4221 pHONE r vo Auc�ust 21, �9s4 DATE 1 �� r �r (Routing and Explanation Sheet) Assi n Number for Routin Or�r Cli All Locations for oral Si ature : I 1 Department Di rector ; ,� C Attorney ment/Mayor� � �_� K �� . Fi nance and Management Servi�es Di rector , ,, �`��` City Clerk �� `��' • f°' � - � �� :�f Budget Di rector ' `! ��.� �" � �� , , ^1 What Will be Achieved by Taking Action on the Attached Materials? (Purpose/Rationale): This resolution approves the 1984-1985 Agreement between the ISD #625 and Teamsters Local 320 representing Food Service Personnel. This contract has been approved by the School Board. The changes in the new Agreement are shown on the attached sheet. �i�ancial, Budgetary and Personne� In�acts Anticipated: None. Contract only applicable to the School .District. Fundin9 Source and Fund Activity Number Charged or Credited: Attachments (List and Number all Attachmentsa: l. Resolution 2. Agreement 3. Copy for City� Clerk DEPARTMENT REVIEW CITY ATTORNEY REVIEW Yes No Council Resolution Required? Resolution Required? Yes No Yes No Insurance Req�ired? Insurance Sufficie�t? Yes No /y� Yes No Insurance Att�ched? Revision of October, 1982 (SPP RPVPI"CP Siclp for Tnstructions) . . 1984-1985 Agreement between the ISD #625 and Teamsters #320 representing Food Service personnel. Changes are as follows: Language on probationary period is newly added to the contract, in an article changed to read "Civil Service Examinations, and Probation". Recall rights after layoff are changed from 12 to 16 months. INSURANCE: (EFFECTIVE OCTOBER 1, 1984) Employer's contribution to health insurance coverage for employees is increased by $10.60 per month to $60 per month maximum. This one-year contract is effective July 7, 1984, through July S, 1985. Language change in Wage Schedule Bl to facilitate movement from entry rate to base rate. Wage adjustments include a 10� increase in line leader premium. There are a few additional "housekeeping" changes. The District employs 225 people in this bargaining unit. M�M17E - CITV CLERK • P�NK - FINANCE (`jITy OF SAINT PAUL Council / CANqRV - DEPARTMENT � Flle NO. �� /�" � BLUE - MAYOR 1 Council Resolution CITY CLERK Presented By Referred To Committee: Date Out of Committee By Date RESOLVED, that the Council of the City of Saint Paul approves and ratifies the attached 1984-1985 Agreement between the Independent School District No. 625 and the Teamsters Local 320 representing Food Service personnel. Approved: Chair, Civi Service Commission COUNCILMEN Requested by Department of: Yeas Flstchar Nays PERSONNEL OFFICE Drew I(t FBVO[ Masanz Nicosia scns�be� _ Against BY Tedssco Wflson Adopted by Council: Date Form Approved by City Attorney Cerlified Passed by Council Secretary BY B}� Approved by 1�tavor: Date Approved by Mayor for Submission to Council BY BY � . � � � �u-�� . 1984 - 85 - AGREEMENT ' . Between . • INDEP SCAOOL DISTRICT N0. 625 And . MINNESOTA TEAMSTERS P LIC AND LAW ENFORCEMENT EMPLOYEES UNION, LOCAL N0. 320 Representing $'ood Service Personnel � . • . - � ��y=��i� . CONTENTS NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT Article Page I. Definition of Agreement . . . . . . . . . . . . . . . . 1 II. Recognition . . . . . . . . . . . . . . . . . . . . . . 1 III. Check Of f - r air Share. . . . . . . . . . . . . . . . . 2 IV. Maintenance of Standards. . . . . . . . . . . . . . . . 2 V. Grievance Procedure . . . . . . . . . . . . . . . . . . 3 � VI. Non-discrimination, Affirmative Action. . . . . . . . . 6 VII. Holidays. . . . . . . . . . . . . . . . . . . . . . . . 7 . VIII. Sick Leave. . . . . . . . . . . . . . . . . . . . . . . 8 IX. Hours . . . . . . . . . . . . . . . . . . . . . . . . 9 X. Vacations . . . . . . . . . . . . . . . . . . . . . : . 9 XI. Lunch Break . . . . . . . . . . . . . . . . . . . . . . 9 XII. Civil Service Examinations, and Probation . . . . . . . 9 XIII. Layoff Notice . . . . . . . . . . . . . . . . . . . . . 10 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. . . . . . . . . . . . . . . . . . . . . . . . A1 � B. Wage Scale. . . . . . . . . . . . . . . . . . . . . . . B1-B2 • - ii - . � � ��-�� 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 Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 (certified in Case No. 81-PR-268-A on December 5, 1980, by the Director of the Bureau of Mediation Services as the exclusive representative) , hereinafter referred to as Local No. 320, 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. 320. ARTICLE II - RECOGNITION � SECTION 1. The Board of Education recognizes Local No. 320 as the certified' exclusive representative for the following unit: � All food service personnel employed by Independent School District No. 625 whose terms and conditions of employment are established by the City of Saint Paul Civil Service Department, 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, excluding those employees in the classification of Cook Manager I, Cook Manager II, and Cook Manager III, and supervisory and confidential employees. SECTION 2. The Board of Education agrees that so long as Local No. 320 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 t�e 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. • Tfie Union will indemnify, defend, and hold the City and School District harmless against any claims made and against any suits instituted, and any orders or judgments issued against the City and School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE IV - MAINTENANCE OF STANDARDS SECTION 1. The City agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be . maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, and the • conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. • - 2 - . � ��y��/� ARTICLE V - GRIEVANCE PROCEDURE • SECTION 1. This grievance procedure is established to resolve any specific dispute between the employee and the City or School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided, however, that the Union representative shall be notified of the adjustment or settlement of anq 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 is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of 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 employee's school Cafeteria Manager (or representative . designated by the Director of Food Service) . The school Cafeteria Manager (or representative of Director of Food Service) shall attempt to adjust the complaint at that time. i - 3 - Article V Grievance Procedure (continued) Subd. 2 (Step 2) . 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 to Step 2 by the employee within fifteen (15) working days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the employee 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 Director of School Food Service (or re�resentative designated by the Superintendent) . The Director of School Food Service shall give the Union the Employer's Step 2 answer in writing within ten (10) working days following the presentation. Any grievance not . appealed in writing to Step 3 by the employee and the Union within ten (10) working days after receipt of the Employer's reply shall be considered waived. . . Subd. 3 (Step 3) . If appealed, the written grievance shall be presented by the Union and discussed at an informal meeting within ten (10) working days of receipt of the written grievance, with the Superintendent of Schools or his representative. The Employer-designated representative shall give the Union the Employer's answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Step 3 may be appealed in writing to Step 4 by the Union within ten (10) working days following the Employer-designated representative's final answer in Step 3. Any grievance • not appealed in writing to Step 4 by the Union within ten (10) working days shall be considered waived. 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 Public Employment Relations Board, if the Union so requests within the specified 10 days. 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 - - � � � ��r_�� Article V Grievance Procedure (continued) ! The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party . shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a • verbatim record of the proceedings, the cost shall be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written • agreement of the Employer and the Union in each step. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under the provisions of the Rules and Regulations of Civil Service. It is further understood that if a specific grievance is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for review and arbitration under the procedures set forth in this Article. i - 5 - ARTICLE VI. NON-DISCRIMINATION, AFFIRMATIVE ACTION 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. SECTION 2. AFFIRMATIVE ACTION: None of the provisions of this Agreement shall be interpreted or implemented so as to be in conflict with or cause violation of the district's Affirmative Action Program as adopted by the Board.* ` . *Effective March 22, 1984 i - 6 - �� i�f� ARTICLE VII. HOLIDAYS • SECTION 1. Regular or provisional employees working under the title Food Service Aide (including Line Leader) , Food Service Supervisor, Cook I, and Baker I, shall be eligible for only four (4) holidays with pay (Memorial Day, Thanksgiving Day, Friday following Thanksgiving, and Presidents' Day) , and in accordance with the following rules. Employees in Cook II and Baker II classifications 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. 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 employees in the Cook II and Baker II classifications 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 biweekly pay periods (320 hours) . Employees in the Cook II and Baker II classifications who work an equivalent of thirteen full biweekly pay periods (1,040 tiours) 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 shall continue to be provided for the classifications of Cook ZI and Baker II in accordance with Civil Service Regulations. SECTION 2. . It is also agreed that employees in the classifications of Cook I and Baker I shall be entitled to sick leave in accordance with Civil Service Regulations. SECTION 3. Effective with the first full pay period following Board of Education _ adoption of this Agreement, it is also agreed that Food Service Aides who have been employed as regularly-certified. or provisional Civil Service employees in the classification of Food Service Aide for at least two (2) � school years and who have been regularly assigned three (3) hours or more per work day for the three (3) preceding months shall begin accruing sick leave. SECTION 4. They shall continue such accrual only so long as they are assigned three (3) or more hours per work day. Accrual in such cases shall be on the basis of a pro rata portion of the day worked. � � - 8 - . � �� ARTICLE I%. HOURS • 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 (Cook II and Baker II only) on the basis of the Civil Service formula stated in Appendix A attached. • ARTICLE XI. LUNCH BREAK SECTION 1. 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, AND PROBATION SECTION 1. CIVIL SERVICE EXAMINATIONS: 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. . SECTION 2. PROBATION: A probationary period shall be in effect for six full months of work time after the date of certification and appointment to the position, whether original or promotional. If the probationer's service is found unsatisfactory by the Director of Food Service, the probationary employee may be discharged at the discretion of the Director of Food Service, prior to the end of the six-month period. Discharge during or at the conclusion of the probationary period is not grievable � under Article V, nor is it subject to other appeal. - 9 - ARTICLE XIII. LAYOFF NOTICE SECTION l. �• Whenever possible, two (2) weeks' notice shall be given any employee laid off. SECTION 2. Recall rights shall exist for sixteen (16) months from the date of layoff. ARTICLE XIV. INSURANCE BENEFITS SECTION 1. HOSPITALIZATION AND LIFE INSURANCE: Health and Welfare benefits shall be provided for eligible employees under the plan carried by the City of Saint Paul and Independent School District No. 625 for Civil � Service personnel. SECTION 2. Subd. 1. Effective July 1, 1984, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $49.40 per month for each employee who is eligible for soch coverage. Subd. 2. In addition, effective July 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 $70.40 per month, whichever amount is less. Subd. 3. 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. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. SECTION 3. Subd. 1. Effective October 1, 1984, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $60.00 per month for each employee who is eligible for such coverage. . Subd. 2. In addition, effective October 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 $70.40 per month, whichever amount is less. Subd. 3. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. � - 10 - � ��d�f/�� 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 fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher � classification not later than the sixteenth day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purposesof 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. SENIORITY: Effective August 17, 1981, whenever regularly-scheduled hours are added to an existing Food Service Aide position, the most senior Food Service Aide -regularly employed in that kitchen or facility will be first offered the additional work hours, if that Food Service Aide is listed for such consideration. Subd. 1. To be listed for additional hours consideration, a Food Service Aide must indicate in writing, at the start of the school year, to the Director of Food Service or to the designated immediate supervisor, the intention to be available for such additional work time. Subd. 2. If a listed aide refuses additional regularly-scheduled work time, the Director of Food Service or designated immediate supervisor may remove that aide's name from the listing. � - 11 - 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 1. Accumulated sick leave in excess of 180 days may be converted to vacation at the rate of 2 days sick leave for 1 day vacation up to a maximum of 5 days vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. ARTICLE XVIII. HEALTH INSURANCE PROVISION FOR RETIREES � SECTION 1. The Employer will provide payment of health insurance premium contributions 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 at the same amount paid at the time of retirement. 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 - . � � ��1 �� 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 1, 1976, the Food Service Director will reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. SECTION 2. SHORT-TERM LEAVES WITHOUT PAY: Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. Subd. 1. Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the • proposed start of the leave without pay and shall include the proposed period of the leave and purpose for leave. ' Subd. 2. Effective April 1, 1979, the Director of Food Service shall notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately follow a one-week or two-week school vacation, the thirty days' notice shall occur thirty days before the beginning of such vacation period, providing the • request was received at least fifteen (15) days earlier. Subd. 3. Eight (8) such leaves shall be made available by the Employer in each school year, for the entire department (i.e. , for Cook Managers and Food Service Personnel combined). Four of the eight leaves available shall be reserved for employees who have worked for the Food Service Department for at least five years. The othe-r 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 - . . ��3;� ARTICLE XXI. UNIFORMS � SECTION 1. Employees will be provided one new uniform per school year by the Employer. 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 two 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 full months of active employment, is obligated to return the uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs will be deducted from � the final paycheck of the terminating employee. ARTICLE XXII. WAGE SCALE ' See Appendix B. • • - i5 - ARTICLE XXIZI. DURATION OF AGREEMENT � This Agreement shall be in full force and effect from July 7, 1984, through Julq 5, 1985, except as otherwise specified herein, and shall automatically be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new Agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. � . - 16 - . � I�� l.�i� � FOOD SERVICE PERSONNEL AGREEMENT r --- This Agreement is by and between Independent School District No. 625 and Minnesota Teamsters Public and Law Enforcement Employees Union Local No. 320, on behalf of Food Service Personnel. In full settlement of 1984-85 negotiations 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 review by . the City Council and approval and adoption by the Board of Education of Independent School District No. 625, as well as ratification by the Union. INDEPENDENT SCAOOL DISTRICT N0. 625 MINNESOTA TEAMSTE�tS PUBLIC AND LAW ENFORCEMENT EN�LOYEES UNION LOCAL N0. 320 _� �.�� ✓' , ✓ � - • Negotiator i �isiness Agent �� l / �� Date Business Agent � � i /^�/,�� , i �'/ i l � � � Ch n, Bo 'rd o ducation D e !�; � Date • - 17 - � � ��/ /4�!� Appendix A � Regulation Effective 1-5-74 Vacation for Less Than a Full Year For the purpose of computing the amount of vacation an employee who is eligible for twenty-one days after 15 years of service and twenty-two days after 25 years of service has earned, the following shall apply: Hours of Vacation Earned Years of Service Per Hour on Payroll � First Five Years .0384 After Five Years .0576 , After Fifteen Years .0$06 After Twenty-five Years .0845 Round off to the nearest hour. Example: If an employee with three years of service appeared on the payroll for 1,680 hours in 1972, he will have earned (1,680 x .0384) 64.51 hours of vacation. 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 Examiner � - A1 - • � � ��'y l�i� Appendix B � WAGE SCHEDULE CONDITIONS - FOOD SERVICE AIDE Persons working on an occasional basis in the Food Service Aide classification as Temporary, Emergency or Provisional employees shall be paid at the Entry (occasional) column rate. Persons newly employed in the Food Service Aide classification on a regularly-scheduled basis, shall be paid at the Entry column rate until such time as the employee shall have passed the Civil Service examination for _ the classification, been certified and appointed to a regularly-scheduled position. Movement to the Base Rate will occur at the time of certification, so long as the employee has served at least six � months' regularly-assigned work time at the Entry rate. , After satisfactory completion of the above, including the six-month minimum time on the Entry rate, the employee shall be paid at the Base Rate column rate. � Movement to the 2-Year, 4-Year or 6-Year pay column shall be based on completion of the specified number of years of continuous regular employment from the date of certification/appointment. � � - B1 - � � � ��-�y �� WAGES Appendix B �1) � FOOD SER�CE I�1�� DATE ENTRY BASE 2-YEAR 4-YEAR 6-YEAR 10-YEAR (and RATE RATE RATE RATE RATE Occasional) RATE Effective July 7, 1984 $4.30 $4.80 $4.95 $5. 10 $5.25 $5.40 0`TIiER CLASSIFICATIONS (Effective Julv 7, 1984) Classification BASE RATE 6-YEAR RATE 12-YEAR RATE �2) . Food Service Supervisor $5.50 $5.55 $5.60 Senior High Food Service $6. 10 $6.45 $6.95 Supervisor Cook I Baker I $5.64 $5.70 $5.79 � COOK II AND BAKER II ��.� _�.�.._...�.. Effective A B C D E F 10-Yr. 15-Yr. July 7, 1984 -. 6.02 6.32 6.57 6.83 7.13 7.45 7.66 7.84 (1) A Food Service Aide working in the District Kitchen who is assigned by the Director of Food Service as Line Leader for a particular function, . will be paid a premium of $.20 (twenty cents) per hour over his/her regular hourly rate while performing the Line Leader duties. Line Leader assignment will be made or discontinued at the discretion of the Director � of Food Service. (2) A Food Service Supervisor in a school in which the student participation rate is in excess of 250 students as of November 1 of the school year, shall be paid a premium of $.OS (five cents) per hour over the stated hourly rate for Food Service Supervisor, so long as he/she remains assigned in that title, in such a school. � - B2 -