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278357 WNITE - CITY CLERK PINK - FINANCE n 2"7835'7 CANARY - DEPARTMENT G I T Y O F S A I N T 1 A LT L COUflC1I BLUE - MAYOR File N . il 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 Bargaining Contract between the Independent School District No. 625 and Council 9�., Local 844, AFSCME. Approved: r Chairma Civil Ser 'ce Commission COU[VCILMEN Requested by Department of: Yeas Nays Hunt PERSONNEL OFFICE Levine �_ [n Favor nnaddoX O� McMahon B Showalter __ Against Y Tedesco Wilson '� MAR 4 �� For Approve by orne Adopted by Council: Date — CertifiE:d Y• s Council Se ta BY B � A ro by ;Vlavor. te ���� `� ��� Ap ve by Mayor for u is ' to Co ncil BY - _ — By i pUBLISHED MAR 13 1982 . �?"�8357 � 1982 - 1983 AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 . • � ' LOCAL UNION 844 ,� DISTRICT COUNCIL 91 OF THE AP4ERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL �1PLOYEES, AFL-CIO � . ' � ��`-�F'`� � TND�?C • ARTICLE TITLE PAG� Preamble iii I Recognition 1 II Check Off 4 III Hours of Work 5 IV Work BreAks 6 V Holidays � 7 VI Employee Rights - Grievance Procedure 8 VII Mileage-Independent School District No. 625 12 VIIZ Vacation 13 IX Insurance 14 X Working Out of Classif ication 17 XI Employee Records 1$ XII Bulletin Boards 19 XIII Wages 20 XIV Maintenance of Standards 21 X'V Leaves of Absence 22 XVI rlilitary Leave of Absence 25 XVII rZanagement Rights 26 • XVIII Seniority 27 XIX Discipline 30 XX Vacancies � 31 XXI No Strike-No Lockout 32 XXII Terms of Agreement 33 Appendix A A1 • • - ii - PR EAMBI� E � This AGREEMENT entered into by Independent School District No. 625, hereinafter referred to as the EMPLOYER, and Local Union 844 affiliated with Council 91 and the American Federation of State, County and Municipal Employees, � AFL-CIO, hereinafter referred to as the UNION; has as its purpose the promotion ` of harmonious relations between the EhiPLOYER and the UNION, 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 - . � f ,� a1,r� ARTICLE I - RECOGNITION � . 1.1 The k.'MPLOYER recognizes the UNION as the sole and exclusive bargAining agent for the purpoae of establishin� 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 July 12, 1973, in Case No. 74-PR-61-A and as amended and as s�t forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGREII�IENT shall consist of the , ' following: A11 regular and probationary office, . clerical, and admin- � istrative personnel who are employed by the City of St. Paul or who have . their "terms and conditions of employment" established by the governing � body of the City of St. Paul in the classifications of: Accounting Clerk I � Clerk II Accounting Clerk II Clerk III � Accounting Clerk II--Renewal Clerk IV Accounting Machine Operator I Clerk-Stenographer I Accounting rlachine Operator II Clerk-Stenographer II Animal Control Supervisor Clerk-Stenographer II--Renewal Assistant Mgr. of Park Refectories Clerk-Stenographer III Assistant Market Director Clerk-Stenographer III--Renewal Asst. Recorder of Council Proceedings Clerk-Typist I Assistant Supervisor of Elections Clerk-Typist I--Renewal Assistant Supervisor of Water Billing Clerk-Typist II Auditing Clerk I . Clerk-Typist II--Renewal Bank Clerk Clerk-Typist III Bond Registrar Clerk-Typist III--Renewal Building Permit Clerk Clinic Aide Buyer I Complaint Office Supervisor Buyer I (Medical Supplies) Computer Operator Buyer II Cost Clerk Cashier--Civic �enter Counselor Aide Trainee ' Cashier I Data Entry Oper�tor I Cashier II Data Entry Operator II Cashier--Civic Center Duta Entry Operator III Chief Meter Reader DIItII Processj.ng Aide • Cleri.cal Supervisor Disbursement Auditing Clerk--Schools Clerk I Disbursement Auditing Supervisor _ 1 _ ARTICLE I - RECOGNLTION (continued) ' Dog Warden Permit and License Clerk IT � Duplicating Equipment Opr. Trainee Planning Aide Trainee � Duplicating �quipment Operator Police Communications Clerk Duplicating Equipment Opr. Supv. Police Cornmunity Officer Duplicating Equipment Operator Police Dispatcher (Health Bureau) Emergency Preparedness Supply Insp. Police Records Clerk � Energy Clerk Police Stenographer Field Clerk I Primate House Attendant Field Clerk II Procurement Clerk Field Clerk III Procurement Clerk--Health Services Film Clerk Trainee Property Clerk I Film Clerk Refectory Attendant Fire Property Clerk Refectory Manager Fire Service Aide Registration Clerk Health Service Aide I Relocation Clerk Health Service Aide II Secretary Information Systems Specialist Secretary--Renewal Inventory Control Supervisor Service Worker Keypunch Operator Service Worker II Laboratory Helper Statistical Clerk Landfil� Caretaker . Storehouse Helper Library Clerk Storekeeper I � License Clerk Storekeeper I--Police Lighting Complaint Clerk Storekeeper II Maintenance Trainee Storekeeper (Food Service) Management Trainee Storekeeper (Voting Machines) Market Director Storekeeper--Water Department Meter Reader Stores Clerk Office .Supply Room Operator Stores Clerk--Renewal Park Concession Manager Stores Clerk (School Cafeterias) Park Guide Supervisor of Water Billing Parking Lot Attendant II Tabulating Machine �perator I Parking Meter Collector I Tabulating Machine Operator II Parking Meter Collector II . Technical Trainee Parking Meter Pionitor Telephone Operator Parking Meter Monitor Supervisor Trainee Parking Ramp Attendant (Clerical) Parking Ramp rfanager (Child Development) � " Parts Storekeeper (Storehouse) Payroll Audit Clerk Transportation Assistant Payroll Supervisor I Transportation Coordinator I Payroll Supervisor II • �ransportation Coordinator II Payroll Supervisor III Workers' Compensation Admin. Clerk • Payroll Supervisor (Schools) Workers' Compensation Clerk Permit and I.icense Clerk I Zoo Keeper I � Zoo Keeper II - 2 - � .. - . - . . . � !� G ��/ � . ARTICLE I - RECOGNITION (continued) � 1.3 Any present or future employee wha is not a UNION member shall be required to contribute a fair share fee for services rendered by the U23ION, and upon notification by the UNION, the IIYIPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration ' of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or �udgments brought or issued against � the EMPLOY�R as a result of any action taken or not taken by the FMPLOYF.R under the provisions of this Article I, Section 1.3. • - 3 - ARTICLE II - CHECK OFF 2.1 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 deductione be made. " The amounts to be deducted shall be certif ied to the EMPLOYER by a representative of the UNION and the aggregate deductions of all � employees shall be remitted together with an itemized statement to � the representative by the first of the succeeding month after such � deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the �`'IPLOYER harmless against any and all claims, suits, orders or 3udgments brought or issued against the EMPLOYER as a result of any action taken or not taken by the II�IPLOYER . under the provisions .of this Article. � . • - 4 - �j � i �- ca� ; �Ej�_i`-� `� A�TICLE 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� 15 (fifteen) minutes of which shall be paid. 3.2 The normal work week shall be five (5) 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-eight 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 worlc 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 All employees in this bargaining uniC 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 bi-weekly rate. 3.7 Normal work schedules showing the employee's shifts, 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 per- . missible due to emergencies, acts o£ God, and overtime may be required. • - 5 - ARTICLE IV - WORK BREAKS 4.1 Rest Perioda. All employees work schedules shall provide for a fi£teen � minute rest period during each one-half shif t. The rest period shall be scheduled by management at approximately the middle of each one-half ehift whenever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular � quitting time, he sha11 be entitled to the rest period that occurs during � said half shift. � - 6 - � j, , r ,.� ,, ��..�1. - ARTICI.E V - �iOLIDAYS ri r'Y -- `-' ,. 5.1 Holidays recognized and observed. The follawing days shall be . � recognized and observed ae paid holidays: New Year's Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christnias Day Labor Day Ztao floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any o£ 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. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, sub�ect to the approval of the . Department Head of any employee. • 5.3 Eligibility Requirements. In order to be eligible for a hoZiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days greceding 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 worlcing 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. 5.4 In the case of Board of Education employe�s, if Presidents' Day, Columbus Day, or Veterans' Day falls on a day when school is in session, the employee shall work tt�at day at straight time and another day shall be designated as . the holiday. This desisnated holiday shall be determined by agreement between . Che employee und the supervisor. � , - 7 - AFtTICLE VI - EbiPLOYEE RIGHTS - GRIEVANCE PROC�DURE 6.1 The F1�iPL0YER shall reco�nize stewards selected in accordance with UNION � rules and regulations as the grievance representative of the bargaining unit. Tlie UNION 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 UNION that the pro- - cessing of grievanees as hereinafter provided is limited by the �ob duties and responsibilities of the employees and shall therefore be accomplished � during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the IIKPLOYER. • �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 XIX 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 informal discussion it may be reduced to writing and referred to Step 2 by the UNION. Ttie written grievance shall set forth the nature of the grievance, • the facts on cohich it is based� the alleged section(s) of the � 8 - ARTICLE VI - IIrtPLOYLE RIGHTS - GRIEVANCE PROCEDUR� (continued) AGREIxIENT violated, and relief requested. Any alleged � � violation of the AGREII�ENT not reduced Co writing by the UNION within (7) seven work days of the first occurrence of the event giving rise to the grievance, shall be �considered waived. Step 2. Within seven (7) work days after receiving the written grievance a designated II�IPLOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, � the EMPLOYER shall reply in writing to the UNION within three (3) work days following this meeting. The UNION may refer the � grievance in writing to Step 3 within seven (7) work days follow- ing receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days . . following receipt of the II�iPLOYER'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 UNION Business Manager or his designated representative, the Employee and the Ste�vard and attempt to resolve the grievance. Within seven (7) work days following this meeting the EMPLOYER shall reply in writing to the UNION stating the II�iPLOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by tlie UNION to Step 4 within seven (7) work days following receipt of the II+iPLOi'ER'S answer shall be considered waived. • . _ g .. ARTTCLE VI - EMPLOYEE RIG�iTS - GRIEVANCE PROCEDURE (continued) Step 4. If the grievance remains unresolved, the UNION may � within seven (7) work days after the response of the EMPLOYER in Step 3. by written notiEe to the E�IPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the II�LOYER and the UNION 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 f ive (5) arbitrators. Both the EMPLOYER and the I3NION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person • � shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREII�fENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the EMPLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modi£ying 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, whichevez be later, unless the parties agree to an extension. The decision shall be based solely on the a�bitrator's • � interpretation or application of the express terms of this AGR�II�iENT and - 10 - � ~� �� � -,�;� � ARTICLE VI - �IPLOYEE RIG11T5 - GRII:VANC� PROC�DUKE (continued) � � to the facts of the grievance presented. The decision of . the arbitrator shall be final and binding on the II�IPLOYER, the UNION, and the employees. 6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�IPLOYER and the UNION, provided that •each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing iC 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 UNION. � 6.8 It is understood by the UNION and the EMPLOYER that a grievance may be determined by either the grievarice 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 prbcedure 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. � � . - 11 - ARTICLE �II - MILEAGE-INDFPLND�NT �CIIOOL DISTRICT N0. 625 . � 7.1 Employees of the School District under policy adopted by the Board of � Education may be retmbursed for the use o£ their automobiles for echool business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing one of the following plans: • PLAN "A", effective with the adoption of this Agreement, is reimbursed at *_he rate of 23G per mile. In addition, a maximum amount which can be paid per month is established by an estimate £urnished by the employee and the employee's • supervisor. . Another consideration for establishing the maximum amount can be the experience of another working in the same or � - similar position. . _ Under this plan, it is necessary for the employee to keep a record of each trip made. . � � � � - 12 - ARTICLE VIII - VACATION � 8.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted 0 thru 4 years 10 days after 4 years 15 days after 9 years 17 days ' after 15 years 21 days after 23 years and thereafter 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. � 8.2 The head of the department may permit an employee to carry over into the followirxg year up to ten days' vacatlon. 8.3 The above provisions of vacation shall be sub�ect to the Saint Paul Salary Plan and Rates of Compensation, Section I, Sub. H. � - 13 - ARTICLE IX - INSURANCE ' 9.1 The EMPLOYER will continue for the period of this AGREEMENT Co provide for employeea such health and life insurance benef its as are provided by. EMPLOY�R� at the time of execution of this AGREII�fEI�T. 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 benef its as are provided by the EMPLOYER for such employees. , �9.3 In order to be eligible for the benef its under the early retiree provision, the employee must: 9.31 Be receiving benefits from a public employee retiree 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 Far eacli eligible employe� coverect by this AGREII�IENT who selects Group Health � insurance coverage, the II�IPLOYER agrees to contribute the cost of such coverage or $42.58 per month, �ahichever is less. In addition, for each employee who selects Group Health dependent's coverage, the II�PLOYER will contribute the cost of such dependent's coverage or $81.59 per month, whichever is less. 9.5 For each eligible employee covered by this AGREETiENT who selects Coordinated Health Care, the EMPLOYER agrees to contribute the cost of such coverage or $56.90 per month, whichever is less. In addition, for each employee who selects Coordinated Health Care dependent`s coverage, the EhiPLOIER will contri- � bute the cost of such dependent's coverage or $103.00 per month, whichever is less. � . � - 14 - - ,� � ; � / . �-� .�`�� ARTICLE IX - INSURANCE (continued) � 9.6 For each eligible employee covered by this AGREL�IENT who selects the SHARE inaurance coverage, the F.�iPLOYER agrees to cz�ntribute the cost of such cover- age or $43.15 per month, whichever is less. In addition, for each employee _ who selects the SHEIRE dependent's coverage, the II�IPLOY�R will contribute the cost of such dependent's coverage or $85.21 per month, whichever is less. � 9.7 For each eligible employee covered by this AGRELfifENT who selects Blue Cross- Blue Shield insurance coverage, the EhiPLOYER agrees to contribute the cost of � such coverage or $69.70 per month, whichever is less. In addition, for each employee who selects Blue Cross-Blue Shield dependenti's coverage, the EMPLOYER will contribute the cost of such dependent`s covexage or $161.45 per month, whichever is less. 9.8 For each el3gible employee covered by this AGREEMENT who selects HMO-Minnesota , insurance coverage, the II�iPLOYER agrees to contribute the cost of such caverage or $68.96 per month, whichever is less. In addition, for each employee who selects the I�10-Minnesota dependent's coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $155.91 per month, whichever is less. 9.9 The II�iPLOYER agrees to contribute the cost for $5,000 of Life Insurance Coverage for each er�ployee who is eligible for such coverage or $2.07 per month, �ahich- ever amount is less. _ 9.10 The contributions indicated in 9.4 thru 9.9 shall be paid to the EMPLOYER's Group Health and k'elfare Plan. � 9.11 Effective October 1, 1982, the fi�ures in Articles 9.G, 9.5, and 9.6 � above will be ad�usted in dollars to re£lect the cost of the October, 1982 • premium rates f.or the respective coverages. - 15 - ARTICL� IX - INSURANCE (continued) . 9.12 Effective October 1, 1982, the amount of the II�iPLOYER'S contribution toward � employee covera�e in Articles 9.7 and 9.8 above shall be adjusted in dollars to reflect the cost of the October 1, 1982 premium rates for the respective employee coverages. 9.13 Effective October 1, 1982� the amount of the IIyfPLOYER'S contribution toward dependent coverage in Articles. 9.7 and 9.8 above shall be ad�usted to reflect the October, 1981 premium plus seventy-five percent (75%) of the October 1, 1982 increase in the premium rates for the respective dependent coverages. Any increase in premiums aft.er October, 1982 for these respective dependent coverages shall be paid by the employee. 9.14 Eff ective October 1, 1983, the amount of the IIKPLOYER'S contribution toward employees coverages in Articles 9.4 thru 9.8 will be adjusted in dollars to refleet the cost of the October 1, 1983 premium rates for the respective � employee coverages. 9.15 Effective October 1, 1983, the amount of the II�IPLOYER'S contribution toward the dependent coverages in Articles 9.4, 9.5 and 9.7 will be adjusted in dollars to reflect the cost of the October 1, 1983 premtum rates for the respective degendent coverages. However, these ad�usted f igures shall not exceed the higher of the October 1, 1982 ad�usted F�iPLOYER'S contribution toward dependent coverages in Articles 9.7 and 9.8. 9.15 Effective December 31, 1983 .the II�fPLOYER'S contribution toward employee and dependent coverages shall be ad�usted back. to the respective amounts which were in effect on September 30, 1983. The amount of the F2IPL01'ER's contri- bution toward employee and dependent insurance coverages in 1984 will be • , negotiated. - 16 - � � ARTICLE X - WORKING OUT OF CLASSIFICATI(3N • 10.1 IIvIPLOYER shall avoid, whenever possible, working an employee on an out- of-class assignment for � prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during a year shall recei.ve the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assigrunent. For purposes of this article, and out-of-class assignment is defined as an assignment of an employee to perform, on a full time basis, all of the signifieant 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. 10.2 For the following classifications, the provisions of 10.1 shall not apply to performance of the duties of the next higher classification in the �ob series: Health Service Aide I Clerk I Clerk Stenographer I Accounting rlaching Operator I Data Entry Operator I Cashier I Duplicating Equipment Operator Trainee � Tabulating rfachine Operator I Parking Pieter Collector I � Zookeeper I � � Clerk-Typist I . � • - 17 - - ARTICLE XI - EMPLOYEE RECORDS 11.1 Any written reprimand made concerning any member of this Bargainfng � Unit which is filed with the Personnel Office or within any II�IPLOYER department, shall be shown to the member 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 reprimand has been read by said employee. . 11.2 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. 11.3 Any member of the bargaining unit may file a grievance or discrimination complaint and there shall be no retaliation by the EN�LOYER • for such action. • - ia - � � ������� ARTICLE XII - BULLETIN EOARDS � 12.1 The ErII'LOYER shall provide zeasonable bulletin space for use by the UNION in posting notices of UNION business and activities, said bulletin board space sha11 not be used by the UNION for political purposes other than UNION elections. Use of this � bulletin board is sub�ect to approval of the department head. • - • � - 19 -- ARTICLE XIII - WAGES 13.1 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. Reorganizing 2. Abolishing classifications 3. Establishing new classifications 4. Regrading classificat,ions 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. 13.2 Notwitfistanding section 13.I, 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. - 20 - � ARTICLE XIV - MAINTENANCE OF STANDARDS � � 14.1 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 5ervice Rules of the City of St. Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this AGREEMENT, and the conditions of employment • � shall be improved wherever specific provisions for improvement are made elsewhere in this AGREII�tENT. . • - � - 21 - ARTICLE XV - LEAVES OF ABSENCE . 15.1 Leave of Absence. After three month's 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) . 15.2 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 super�isor no later than one-half hour past his regular scheduled starting time. The granting of sick leave shall be sub3ect to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. 15.3 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. � 15.4 Leave Without Pay. Any employee kTho engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of ttie United States for which � leave is not otherwise allowed by law shall be entitled to leave of - 22 - � ARTICLE XV - LEAVI: OI' ABSF:NCT: (continued) absence from employment without pay during such service with right of rein- Sstatement and sub�ect ta such conditions as are imposed by law. Such leavea of absence as are granted under Article 16 shall conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benef its other than those granted by said statute. 15.5 Severance Pay. Employees sha11 be eligible for severance pay in accordance with the School District's Severance Pay Plan. The amount of Severance Pay allowed shall be that amount permitted by State Statutes subject to the provisions that the maximum amount allowed shall be $4,000. 15.6 Jury Duty. Any employee who is required during his regular working hours to appear in court as a �uror or witness except as a witness in his own behalf against the EMPLOYER shall be paid his regular pay while he is so engaged, pro- vided 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 F�IPLOYER 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 c�urt as a �uror or witness. 15.7 Funeral Leave. Any employee who has accumulated sick leave credits, as pro- vided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. 15.8 An employee elected or appointed to a full time paid position by the eaclusive � representative may be granted a leave of absence �vithout pay for not more than one year for the purpose of conducting the dutie.s of the exclusive representati.ve. • �- 23 - � ARTICLE XV - LEAVES OF ABSENCE (continued) � 15.9 Maternity Leave - r4aternity 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. � • � - 24 - J �, r � % ���� � . ARTICLE XVI - MILITA1tY I.EAVE OF t1BS�NCE � 16.1 Pay Allowance. Any employee who shall be a member of the National Guard� the NAVal r4ilitia or any other component of the militia of the State, now or hereafter organized or constituted under state or f ederal law, or who shall be a member of the Officer's 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, nor 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 benef its for all tlie 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 Sof fifteen (15) days in any calendar year and, further provided zhat such leave shall Ue 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 navaJ. service and not later than the expiratinn o£ time herein limited for such leave, of (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. � • - 25 - ARTICLE XVII - MANAG}3�IENT RIGHTS 17.1 The UNION recognizes the right of the EMPLOYER to operate and manage � its affaira in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the F1�2PLOYER has not officially abridged, delegated or modified by this AGREEMINT are retained by the EMPLOYER. 17.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. s • - 26 - ARTICLE XVIII - SENIORITY � 18.1 Seniority, for the purpose of this AGREI:NI�NT, shall be defined as ' follows: The length of continuous, regular and probationary service with the FsiPLOYER from the date an employee was first certified and " appointed to a class title covered by this AGREEMENT, it being furtlier 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 certif ication was made. 18.2 Seniority shall terminate when an employee retires, resigns, or is discharged. . • 18.3 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, the Personnel Department will identify the least senior employee in that title in the department reducing positions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in that title in any other City department, the Personnel Department sha11 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 f ill. If no vacancy exists in the same title as the affected employee holds, then the least senior City employee in that title shall be identified, _and if the emplo,vee affected by the original � - 27 - ARTICLE XVIII - S�NIORITY (continued) , departmental reduction is more aenior, he/she shall have the right to � claim that position and the least senior City employee� in that tiCle shall be the employee laid o£f. For the purpose 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. Clerk I Clerk II Clerk-Typist I Clerk-Typist II Clerk-Stenographer I � Clerk-Stenographer II Cashier I Cashier II Accouting Machine Operator I Accounting Machine Operator II ' Data Entry Operator I Data Entry Operator II Duplicating Equipment Duplicating Equipment Operator Operator Trainee 18.4 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 bargain- ing unit will be offered reductions to the highest of these titles to a which class seniority would keep them from being laid off, before layoffs are made by any class title within any department. 18.5 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 off ered 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 £ormerly held must satisfactorily complete a six-month probationary period in such title. . - 28 - �� `• l ';-�. �� � ARTTCLE XVIII - SENIORITY (continued) � If the probationary period is not satisfactory, the employee shall, aC any Cime during the probationary period, be reinstaCed to his/her £ormer 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 sha12 not again apply to such employee. This procedure wi11 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. 18.6 It is understood that such employees will pick up their former seniority � date in any class of� positions that they previously held. s �Z8.7 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire af ter two years of layoff. � - 29 - ARTICLE XIX - DISCIPLINE 19.1 The EhfF'LOYER will discipline emploqees for �ust cause only. � Discipline will be in the form of: � 19.11 Oral reprimand; 19.12 Written reprimand; 19.13 Suspension; 19.14 Reduction; 19.15 Discharge 19.2 Suspensions, reductions and discharges will be in written form. 19.3 Employees and the UNION will receive copies of written reprimands , and notices of suspension and discharge. 29.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluations, commendations an�/or disciplinary actions. Files may be examined at reasonable times under direct � supervision of the EMPLOYER. 19.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, � and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said f ive (5) day period, the EMPLOYER may affirm the suspension and discharge in accordance with Civil Service Rules or may modify, or. withdraw same. 19.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a UNION representative be present. 19,7 Grievances relating to this Article shall be processed in accordance with existing Civil Service .procedures or at the option of the employee ' may be taken up in the grievance procedure under Article VI. If an issue is determined by the 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 submitCed for arbitration under the grievance procedure. - 30 - � ARTICLE XX - VACANCIES S20.1 The Personnel Office will inform all departments that the department's timekeeper shall post notices of all �ob vacancies in their department at least five days before submitting a requi�j.tion to the Personnel Office. . • - 31 - ARTICLE XXI - NO STRIY.E - N0 LOCKOUT QEC $ ��� . 21.1 Neither the Union� its officera 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 Che Public Employment Labor • Relations Act. In the event of a violation of this article, the Eanployer will warn employeea 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 sub�ect to the penalties provided in the Public Employment Labor Relations Act. 21.2 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. ; � � � . - 32 - ' / � a ..l `� �� , ARTICLE XXII - TERMS ON AGREEMENT � 22.1 Complete Agreement and Waiver of Bargainin�. This Agreement shall represent the complete AGREEMENT between the UNION and �the ENIPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited ri�ht and opportunity to make requeats and proposals with� respect to any sub�ect 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 exerc3se- of that right and opportunity are set forCh in this AGREEMENT. Therefore, the EMPLOYER and the UNION, , for the lif e of this AGI2EEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any sub�ect or matter referred to or covered in this AGREEPiENT. � 22.2 Savings Clause. This AGREEMENT is sub�ect to the laws of the United States, the State ot Minnesota, and the City of Saint Paul. In the event any pro- vision of this AGREEMENT shall hold to be contrary to law by a court of competent 3urisdiction 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 fu11 force and effect. ` 22.3 Term of Agreement. This AGREII�IIIVT shall be in full force and effect from January 1, 1982 thru December 31, 1983, and shall be automatically renewed from year eo year thereafter unless either party shall notify the other in writing by June 1, that it desires to modify or terminate this AGREII�iENT. In witness whereof, the pxrties tiave caused this - i AGREF�tENT to be executed this �'i-�day of �•C�""-�, 1981. . � i . � � - 33 - � ( E ARTICLE XXII- TIsRMS OF AGRE�MENT (continued) ! 22.4 This constitutes a tentative AGREEMENT between the parties which � will be recommended by the School Board NegoCiator, but is sub�ect to the approval of the Board of Education, the Administration of the City, and is also sub�ect to ratification by Local Union No. 844. WITtdESSES: CITY OF SAINT PAUL LOCAL UNION N0. 844, DISTRICT COUNCIL N0. 91 Or THE AM�RICAN FEDERATION OF STATE, COUN7"Y AND t1UNICIPAL EMPLOYEES � AFL-CIO � BY���`.� ,..�L�C�J�,�'�� ��-�'a---� BY: �. � �. � � , . � Scho 1 Board Negotia or Bu�'nes Rep ese� ative ,� BY: � _ ' BY:� _t�: _.l,�l� Superintdent, ISD No. 625 f � BX:' BY: BY: BY: w � - 34 - - t� - r-� ►r r-� r-+ r� r ►-• r. • N N N N N N N N M 1 I I . 1 I 1 I I M lNn � cNi� � ' tn.n � lNit � n I 1 1 I i I 1 1 rY N � N � N � N � C . lD .L� 1� A i� � W W W . � �"' W O N 0� �D O� ' �O N �O W W 00 W O ",D 00 O� � lli � N .L� �O N 00 s-� �O iC l!i O� v .� 1� l� l� .P .P � W CT N ln r W O O V �n v tn v v ►-� tn i-+ td �O � .A 00 .P W N �1 � v O O A N W V -P � l� .� � -L� � W v w v W �n r t� 00 �O �O O �-+ N .� 0o W (7 � � N L� W �O N V V V V .A 1-+ O� W O Hv� bb � rx � � � HHH � r � �n ro m �u ►� w w w m r• o N n n n w w :� m n �� � � n S� �t � v' w � G m t� � S� w w w o' � .� 7� � w �t �ou, p' C � �' w n � � � n oo -� wwN• � o rn w m w �o C � rn v� � w � w o(ni� W rr cn ?s' rn rn p � � rr n .o o �-�+ .� oo ty r�- w N W !� fD � OQ � � C] (D • • fD (D fD (D A� • • fp • • f� r't B �C I--' F-' H � V (D (D fD � r'i O W l� W l� (D (D �O r-� N OQ (D c/� fD O �O 00 �-.�r. 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N � �-+ ►-+ �-+ O N N tn r O Q ►-� N R• 1-~� . � r �-' N ln 11t O� N �C . �'' �O N CT V ►'S - , Q� O� . /, WHITE - CITY CLERK ^ r PINK - FtNANCE ����� CANARY - DEPARTMENT G I TY O� SA I YT �L�U L �COULICII � ` BL.UE - MAYOR File N 0. CITY CLERK 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 Bargaining Contract between the Independent School District No. 625 and Council 9�, Local 844, AFSCME� Approved: Ch.airman Civil Service Commission COUNCILMEN Yeas Nays Requested by Department of: Hunt PERSONNEL OFFICE Levine In Favor Maddox McMahon B Showalter _ Agaiqst Y Tedesco Wilson Form Approved by City Attorney Adopted by Councii: Date — Certified Vassed by Council Secretary BY B� -- Approved by 31avor: Date _ Approved by Mayor for Submission to Cauncil By � BY , � Do not detach this memorandum from the f � � � #�,�_�� resolution so that this i�nformation will be ava��ablg �Q the Gity Gouncil. �83 '7 EXPLANATION OF ADMTNISTRATIVE ORDERS, , RESOLUTIONS, AND ORDINANCES Date: Novemb�r 25, �9s� ����IVED FEB 1 01Q82 T0: MAYOR GEORGE LATTMER I�/�YDRS OF��C� FR: Personael Offi,ce RE: Resolution for $ubmission to C ty ounc3l ACTION REQUESTED We recommend your approval and submission of thie Resolution to the City Council. PURPOSE AND RATIONALE FOR THIS ACTION This R.esoluti.on approves the 1982-1983 Agreement between In.dependent 5chool District No. 625 and AFSCME District Council No. 91, representi.ng the clerical employees. Significaxit changes in this contract are shown below. 1. Insurance - t�liis new la.n.guage provides for the Employer to pay the full cost of si.ngle a.n.d dependent coverage. In tlze second year, the Employer will pay the full cost of all single plans and the full cost of dependent's coverage under the th.ree lower cost plan.s. 2. The hours of sick leave that may be used in making arrangements for the care of mernbers of the household in cases of emergencies is increased from four hours to eight hours. 3. New seniority language provides City-wide seniority in select ti.tles. The new seniority language also involves new language which allows in the case s of lalyoff for an employee to have the right to bump back to the title the employee held irYhmed.iately prior to his/her present title. 4. Wages - Th� Agreement calls for a wage increase for 1982 i.n the amo�ant of 8. 0% o"r $. 51 per hour whlichever is greater, plus an additional $. 07 per hour across the board (averages approxi.mately 9• 2%). In 1983, the wage increase will be a 9% wage increase across the board. FINANCIAL IMPACT None. The Agreement applie s to Independent School Di strict No. 625. ATTACffi+2ENTS: Resolution, Agreement and copy for the City Clerk.