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00-635Council File # oo - 63S � Y 1V�J��o Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 0 July 1, 1999 through June 30, 2001 Employment Agreement between the Independent School District No. 625 and District Lodge 77, International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists. Requested by Department of: of Labor Relations :� . � ..� . . . � ��r1�i � � � By: a- _ �� Approved by Mayor: Date �v � Z( Z�a By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08923 � Approved by Mayor for Submission to Council B ��'}�h�.{ ./� r/G4/i�� Adopted by Council: Date � a. ��o � Adoprion Certified by Council creta DEPARTMENflOFFICE/COUNCII.: DATE INITIAT£D GREEN SHEET No.: 08923 00 — G3 a LABOR RELATTONS June 19,2000 CONTACTPERSON&PHONE: q ATE �VI77AL7DA7E NLIE KRAUS 266-6513 ASSIGN 1DEPARTMENT DIR 4 CiTYCOUNCII, NUMBER 2 CITY ATfORNEY CITY CLERK MUST BE OIV COi3NCII, AGFJ3DA BY (DATE) �� BUDCEt DIR � FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDE6 TOTAL#OFSIGNA7i7REPAGFS 1 (Q.7PAId,LOCAT[ONSFORSIG73ATORE) acnox x�uESrEn: Ttus resolution approves the July 1, 1999 through June 30, 2001 Employment Agreement befween Independent School District No. 625 and District Lodge 77, Intemational Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists. RECOMA�NDATIONS: Appsove (A) ar Reject (SL) PERSONAL SERVICE CONTRACPS MUST ANSWER T4� FOLLOWING QUESf10NS: _PLANNING COMhIISSION _CIVII, SERViCE COMMISSION 1. Hac this pe�sonH'am ever wotked under a conVact for t6is departmrnt? CtS COkiMITTEE Yes No _STAFF 2. Has this person/Sm� ever ban a city empioyee? DI517tICT COl7KT Yes No _ SUPPORTS WHICH COiJNCIL OBIECTIVE? 3. Dces this pecwnl5cm possas a skill iwt nocmalty.possessed by any croseac city employee? Yes No Eiplaiu ail yes answers on separate sheet and atfach to green sheet Ces�t� INII7ATING PROBLEM, LSSUE, OPPORTUNITY (Who, W6at, When, Where, W6y): JUN 2 7 2000 ADVANTAGESIFAPPROVED: � This Agreement pertains to Boazd of Educaflon employees only. RFCElVED JUN 2 0 2�Qf} DISADVANTAGES IF APPROVED: N1AY 1SSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVEIQUE SUDGE'fED: FUNDING SOURCE: ACTI�'1TY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 po - `3$ BOARD OF EDUCATION ST. PAUL PUBLIC SCNOOLS DATE: November 16. 1999 TOPIC: Approval of Emp�oyment Agreement Between Independent School District No. 625, Salnt Paul Public Schools, and District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists A. PERT{NENT FACTS: 1) New Agreement is for a two-year period from July 1, 1999 through June 30, 2001. 2) Contract changes are as follows: Insurance: EfEective January 20��, the district monthly contribution for singfe coverage is increased to $210; family coverage is increased to $375; effective January 2001, the district contribution for single coverage is increased to $220, family coverage is increased to $410. Waqes: Effective July 1, 1999, the salary schedule is increased 3%. Effective July 1, 2000, the salary schedule is increased by an additional 3%. Holidavs: The Columbus Day holiday is deleted and replaced with the Day After Thanksgiving. Veterans Day is converted to vacation days. These changes streamfine the leave system by aligning the feave system with the organizational calendar and reducing payroii-processing time. Severance Pav: Employees who retire and meet eligibility requirements will receive $65 per eight hours ot unused, accumulated sick leave up to a maximum of $15,000. Adontion Leave: Employees may use up to fifteen days of sick leave for the adoption or care of a newly adopted child. 3) The District has seven (7) regular employees in this bargaining unit. 4) This request is submifted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources/Labor Relations; and William A. Larson, Deputy Superintendent. B. RECOMMENDATION: That the Soard of Education of in�ependent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those machinist employees in this school district for whom District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, is the exclusive representative; duration of said Agreemeni is for the period of July 1, 1999 through June 30, 2001. i tx�-�35 1999-2001 LABOR AGREEMENT g :� Between Saint Paul Public Schools lndependent School District No. 625 • And District Lodge No. 77 International Association of Machinists And Aerospace Workers AFL-CIO �, : JULY 1, 1999 THROUGH JUNE 30, 2001 � S�P�Pt�lC� t l t r e !! f 1 E� l�+/! , � �+ `;;, . +, � ;+, �r- t r:, eireie�� ie,r++�� SAINT PAU! PUBLIC SCHOOLS Independent School District No. E25 Board of Edueation Mary Thomton Phillips Tom Conlon Gilbert de la O Greg Filice Secky Montgomery A1 Oertwig NealThao Chair Director Director Director Director Director Director Administration Superintendent of Schools Deputy Superintertdent Chief Academic Officer Chief Accountability O�cer Executive Assistant Area Super+ntendertts Patricia A. Harvey W illiam A. Larson Kate Foate Trewick Margo Baines Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Mary K. Boyd, Area D Terilyn Tumer, Area E � � � . � po-!o 35 � i . � ARTICLE Preamble Articie Article Article Article Article Article Article Article ARicle Article Article Article Article Article Article Article Article Article Article Articfe Article Article Article Article Article Article Appendix 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17, 18. 19. 20. 21. 22. 23. 24. 25. 26. CONTENTS PAGE ............................................................................................................................... iv Recognition ............................................................................................................. ti Definitions............................................................................................................... t Maintenance of Standards ......................................................................................2 Check Off and Administrative Service Fee .............................................................2 Union Rights ...........................................................................................................3 ManagementRights ...............................................................................................3 Hours Overtime Pay ..............................................................................................4 Too{ insurance and Clothing ...................................................................................4 CourtDuty ..............................................................................................................4 Legal Services ........................................................................................................5 Mifeage...................................................................................................................5 1 n s u ra n ce ................................................................................................................ 6 Holidays ................................................................................................................10 Vacation................................................................................................................11 Probation..............................................................................................................12 Discipline..............................................................................................................12 Grievance Procedures ..........................................................................................13 SeverancePay .....................................................................................................15 Wage Schedule ....................................................................................................�15 Strikes, Lockouts, Work interference ...................................................................15 SickLeave ............................................................................................................16 ParentafLeave .....................................................................................................17 Family Medical Leave ...........................................................................................17 Safety Shoes ........................................................................................................18 Savings Clause .....................................................................................................18 Duration................................................................................................................19 � PREAMBLE THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS ANQ AEROSPACE WORKERS AFL-CtO. This Agreement has been entered into between Independent School District No. 625, hereaRer referred to as the Employer, and Disirict Lodge #77, lnternatiortal Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as fhe Union, This Agreement has as its purposes the promotion of harmonious relations beiween the Employer and the Union, the estabiishment of an equitable and peaceful procedure for the resolution of ditferences and the estab(ishment of rates of pay, benefits, hours of work, and other conditions of empioyment. The parties hereto pledge ihai they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � � i ,v �• . • ARTICLE �. RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of estabiishing wages, benefits, hours, and other condftions of employment for ali of its employees as outlined in the cerFrfication by the State of Minnesota, Bureau of Mediation Services, dated April 5, 199Q in Case No.90-PCL-3212, and as set forth below: All regular, probationary, and provisionai vehicle and equipment maintenance personnei who are empioyed by independent Schooi District No. 625 in the classifications of Audio-visual Equipment Repairer, Communications Technician F{elper, Equipment Repairer, Food Setvice Equipment Repairer, Machinist, Mechanic-Weider, Parts Runner, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excfuding supervisory, confidential, temporary, and empioyees exciusively represented by other labor or employee organizations. � L�J 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the cfassifications set forth in this Agreement shal! 6e recognized as a part of this bargaining unit, and the parties shaif take ail steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2. DEFINITIONS 2.1 Collective Bar aiq ninp. The Employer will bargain coilectively with the Union with respect to rates of pay, hours, and conditions pertaining to empfoymeM for aH of the empfoyees in the unit herein before set forth. 2.2 Discrimination. The Employer will not interfere with, restrain or coerce the employees covered by this Agreement 6ecause of inembership in or activity on behalf of the Union. The Employer wilf not discriminate in respect to hire, tenure of employment or any term or condition ot employment against any employee covered by this Agreement because of membership in or activity on behaif of the Unfon, nor wili it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.3 This Agreement shall designate and define benefits with the exception of pension benefits that shal! be granted to the employees by the Employer. It, subsequent to this Agreement, any governing body passes a provision that shall create a cost benefit for an empioyee in this u�it, the cost of such benefit shall be paid by the empioyee un61 such time as the responsibiiity of the cost is subsequent{y negotiated. This provision shall not compel either party to reopen negotiations d�ring the course of an existing contract. ARTICLE 3. MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be mainfained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Pau! Salary Plan and ftates of Compensation at the time of ihe signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ART(CLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The Employer agrees to deduct !he Union membership dues once each month from ihe pay of those employees who individuatly request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deduct+ons of all employees shall be remitted together with an ifemized statement to the representative by the first of the succeeding monTh aRer such deductions are made or as soon thereafter as is possible. 42 Fair Share. Any present or future employee who is not a Union member shal! be required to coniribute a fair share fee tor services rendered by the Union. Upon natification by the Union, the Employer sha(I check off said fee from the eamings of the empioyee and Yransmit the same to the Union. !n no instance shaii the required conYribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relationship to negotiations and adminisiration of grievance procedures. This provision shall remain operative onty so long as specificafiy provided by Minnesota (aw and as otherwise fegal. 4.3 Administrative Service Fee. The Associatio� agrees that an administrative fee of $6.00 per employee, per year shail be deducted by !he Employer trom the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The Union wili indemnify, defend, and fiold the Empfoyer harmless against any claims and all suits, orders or judgments brought or issued against the Employer, its officers or employees, as a result of any action taken or not taken by the Employer under the provisions of this Section. i • . 2 cXr-635 � ARTICLE 5. UNION RIGHTS 5.1 The llnion may designate emp{oyees within the bargaining unit to serve as Union Stewards. 5.2 The Union shaii furnish the Empioyer and appropriate department heads with a iist of Stewards and aiternates, and shalf, as soon as possi6le, notify said appropriate District officiais in writing of any changes thereto. Oniy those who are Officers and Stewards shall be recognized by the Empioyer for the purpose of ineetings. ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to estabfish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to sefect, direct and determine the number of personnel; and to perform any inherent managerial function not specifically iimited to this Agreement. 6.2 Any "term or condition of empioymenY' not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. 6.3 This Agreement establishes the `terms and conditions of employmenY' defined by • Minnesota Statute §'I79A.30, Subdivision 19, for afl employees exclusively represented by the Union. This Agreement shaii supersede such "terms and conditions of employment° estabiished by Civif Service Rule, Councii Ordinance, and Councii Resolution. u 3 ARTICLE 7. HOURS, OVERTfME PAY 7.1 Hours of Emolovment. The normal workday and the normal workweek shall be eight (Sj hours excluding one-half (1/2j hour for lunch in any twenty-four (24)-hour period and forry (40) hours in any seven (7)-day period. (For employees on a shiR bas+s, this shall be construed to mean an average of forry (40} hours a week.) The nortnai workweek shaii consist of five (5) consecutive norma! workdays. 7.2 Call-in Pav. When an employee is called to work, helshe shal! receive iwo (2) hours' pay 'rf not put to work. If the employee is called to work and commences work, he/she shali be guaranteed four (4)-hours' pay. These provisions, however, shall not be effective when work is unabie to proceed because of adverse weather conditions. 7.3 Overtime. Time on the payroil in excess af the normat hours set forth above shati be "overtime work" and shall be done only by order of the head of the department. 7.4 An emp(oyee shatt be recompensed for work done in excess of the normaf hours by being granted compensatory time on a fime-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shaf( be paid shal! be determined sole�y by the Employer. The overtime rate of one-and-one-haif shall be computed on the basis of 1/80th of the biweekiy rate. ARTICLE 8, TOOL INSURANCE AND CLOTHlNG 8.1 The Employer will provide four (4) changes of coveralis per week in accordance with existing practices. 8.2 The Employer agrees to reimburse employee for toois damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shaA only apply in the evertt that the employee's tools are stored on the Employe�'s premises and in such places as Employer shaf( designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theR from the Empioyer's premises. AR7ICLE 9. COt1RT DUTY 9.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a wftness in his or her ow� behalf against the Empioyer shali be paid his/her regular pay while so engaged, provided, however, that any fees that the emp(oyee may receive from the couR for such service shali be paid to the Employer and be deposited with the District Business Office. Any employee who is scheduled to work a shift, other than the normal daytime shiff, shall be resched�fed to work the normai daytime shift during such time as the employee is required to appear in court as a juror or witness. � � i �, qo��5 • ARTlCLE 10. LEGAL SERVIGES 10.1 Except in cases of maffeasance in office or willful or wanton neglect of duty or indifference to rights of others, the Employer sfia{I defend, save fiarmless, and indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the pedortnance or scope of the employee's duties. 10.2 Natwithstanding the provisions of Subd. 11.1, the Employer shail not be required to defiend or indemn'rfy any empioyee against personai liability or damages, costs or expense (a) resuiting from a claim, suit, verdict, finding, determination or judgment that the empfoyee has committed an intentional tort or torts, including but nat limited to siander, libef, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such empfoyee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actualiy commenced) brought, made or instituted by such empfoyee. 10.3 Notwithstanding the pro�isions of Subd. 11.1 or 11.2, the Employer may at its sole discretion defend an employee against aliegations, claims, demands or actions whoily or in part 6ased on or arising out of claimed intentionai torts, and in such cases, the employee consents to the extent fawfully permitted to such represer�tation without regard to actual or potential conflicts of interest. 10.4 Each employee, within twenty (20) days after receiving notice of (1) a tort ciaim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, Sinding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Empfoyer's General Counsel. • ARTICLE 11. MILEAGE �1.� Employees of the School District, under poiicy adopted by the Board of Education, may be reim6ursed for the use of their automo6iles for school business. The miieage aliowance for efigible empfoyees shaft be 31¢ per mile, or such higher rate as may be estabiished at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shali be for the actua{ mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schoo� District Business Office policies a�d procedures. C ARTICLE i2. SECTION 1 tNSURANCE ACTIVE EMPLOYEE iNSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans oHered by the Employer shail be solely controlied by the contracts negoiiated by the Employer and the benefii providers. The Employer will attempt to prevent any changes in the benefits affered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in trenefits which a specific provider implements. 1.2 Eliqitrility Waitina Period. pne (1) fuil month of continuous regularfy appointed service in independent Schooi District No. 625 wil! be required before an eligible employee can receive the District contribution to premium cost for heaith and i'rfe insurance provided herein. 1.3 1.4 For ihe purpose of this Articte, fuif-time emp(oymenf is defined as appearing on the payroii at least thirty-two (32) hours per week or a1 least sixty-four (64) hours per pay period excluding overtime hours, For the purpose of this Article, half-time employment is defined as appearing on the payroli at least twenty (20) hours per week or at least forty {40) hours per pay period excluding overtime hours. Y.5 For each fuil-time employee who selects employee coverage under a medicai insurance plan offered by the Employer, the Empioyer agrees to contribute the cost of such coverage or $t95 per month, whichever is less. For each full-time employee who selects family coverage, the Employer wili contribute the cost of such family eoverage or $350 per month, whichever is less. 1.5.1 Effective January 1, 2000, for each full-time empioyee who selects employee coverage urtder a med'+cal insurance pian offered by the Employer, the Empioyer agrees to contribute the cost of such coverage or $210 per month, whichever is less. For each full-time emptoyee who selects family coverage, the Employer wiff contribute the cast of such family coverage or $375 per month, whichever is less. 1.5.2 Effective January 1, 2001, for each full-time employee who selects employee coverage under a medica! insurance pian offered by the Employer, the Employer agrees to contribute the cost of such coverage or $220 per month, whichever is less. For each full-time empioyee who selects family coverage, the Employer wiil contribute the cost of sucfi family coverage or $410 per month, whichever is less. 1.6 For each haif-time employee who sefects empioyee coverage under a medical insurance plan offered by the Employer, the Employer agrees to contribute fiHy percent (509'0) of the amount contrfbuted for fuil-time emptoyees selecting such employee insurance coverage. For each half-time employee who selects family insurance coverage, ihe Empioyer will contribute fifty percent (50%) of the amount contribufed for fuff-time employees selecting such family insurance coverage. 1.7 For each eligibie emptoyee the Emptoyer agrees to contribute the cost of $25,00� of basic life insurance coverage. The cost Tr Yhe Employer for basic 1'rfe insurance coverage shaii not exceed $6.32 per month. 1.8 During the term of this Agreeme^.;, a pre-tax medical and child care expense account wiil be made avaitabie to emp(oyees in th[s bargaining unit who are eligible for Empioyer-paid premium contribution for healYh insurance. The account will be avaifabte for medicai and chifd care expenses within the estab(ished Iegai regulations and IRS requirements for such accounts. . • . 0 Oiv-to 3 5 � ARTICLE 12. INSURANCE (continued) SECTION 2. RETIREMENT HEALTH INSURANCE PROVISIONS 2.1 Benefft Eliaibilitv for Emplovees who Retire Befiore Aae 65 2.1.1 Emplovees hired into District service before Januarv 1. �996, must have completed twenty (20} years of continuous employment with Independent School District No. 625 prior to retirement in order to be e{igible for any payment of any insurance premium contribution by the District aRer retirement. Not less than ten (10) of the years immediateiy preceding retirement must have been completed within the actual empfoyment of the District (i.e., service credit with ihe City of Saint Paul or other governmental unit shall not be considered in meeting this ten (10)-year requirement. Effective June 30, 2006, ail years of service toward meeting the twe�ty (20)-year requirement must be in the actual employment of Independent School District No. 625. No outside time with the City of Saint Paul or other governmental units will be considered. 2.7.2 Emplovees hired into District service after Januarv 1, 1996, must ha�e completed twenty (20) years of service with fndependent School District No. 625. Time with the City of 8aint Paul will not be counted toward this twenty (2�)-year requirement. 2.1.3 Eliqibiiity requirements for all retirees: A. Be receiving pension benefits from PERA, St. Paul 7eachers Retirement � Association or other public employee retiree program at the time of retirement and have severed the empioyment reiationship wiih Independent School District 625. B. Must have been empfoyed by independent School District 625 and covered under this Agreement immediately precedi�g retirement. C. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent Schooi District No. 625 retfree or Independent School District No. 625 empfoyee and eiigible for and is enroiled in the independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. D. Additio�al dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. E. The employee must make application through District procedures prior to the date of retirement in order to be eiigible for any benefits provided in this Section. ❑ 7 ARTICLE 12. INSURANCE, Section 2(continued) � 2.2 Emplover Contritrution Levels for Empiovees Retirinq Before Aqe 65 2.2.� Heallh Insurance Employer Contribution The District will for the period of this Agreement provide employees who meei the eligibility requirements for health insurence in 2.1, 2.2 and 2.3 of this Section, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurar�ce premium contribvtions up to the same doilar amount as were made by the District for health insurance for single or family coverage by ihat carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in piace at execution of this Agreement, the dollar amounts being paid tor sirtgle or family coverage to the carrier at the employee's date of retirement shaif constifute fhe limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 222 Life Insurance Employer Contribufion The District will provide for early retirees who qualify under the conditions of 2.1.'I or 2.12 of this Section, premium contributions ior eligitrle retirees for $5,000 of iife insurance on(y until their sixty-fifth (65fh) birthday. No life insurance will be provided, or premium contributio�s paid, tor any retiree age � sixty-five (65) or over. 2.3 Benefii Eliaibifitv for Emnlovees After Aqe 65 2.3.1 Emplovees hired into the Disirict before Januarv 1. 1996. who retired before age si�y-five (65) artd are receiving benefits per Subd. 2 above are eligible, upon reaching age sixry-five (65), for employer premium contributions for heakh insurance described in 2.4 ot this Section. 2.3.2 Emplovees hired into ihe District before Januarv 7. 1996, who retire at age sixty-five (65) or otder must have compfeted the service eligibility requirements in 2.1 of this Section to receive District contributions toward post-age sixty-five (65) health irtsurance premiums. 2.3.3 Emplovees hired on or after Januarv 1. 1996, shal! not have or acquire in any way any eligibility for Emptoyer-paid heatth insurance premium contribution for coverage in retirement at age sixty-five (65) and over in 2.4 of this Section. Employees hired on or after January 7, i996, shalt be etigible for only eariv retirement insurance premium contributions as provided in 22 and Deferred Compensaiion match in 2.5 of this Section. . t�o �35 . ARTICLE �2. INSURANCE, Section 2(continued) 2.4 Emolover Contribution Levels for Retirees After Age 65 2.4.1 Emolovees hired into the District before Januarv 1. 1996, who meet the eligibility requirements in 2.3.1 and 2.32 of this Section are eligible for premium contributions for a Medicare Supplement heatth coverage policy sefected by the District. Premium contributions for such policy will not exceed: Coveraae Tvpe Medicare Eligible Non-Medicare Eligible Sinale Famil $300 per morrth $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. � 2.5 Emplovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in Independent Schooi District No. 625, are eligible to participate in an employer-matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $50 per paycheck to a maximum of $50� per year ot consecutive active service, up to a cumulative Iifetime maximum of $12,5�0. Part-time employees working half-time or more wifl 6e eligihle for uQ to one half (50 percent) of the available District match. Approved non-compensatory leave shal! not be counted in reaching the three (3)-ful! years of consecut+ve active service, and shall not be co�sidered a break in service. Time worked in the City of Saint Paul wi{I not be counted toward this three {3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shafl apply. The employee, not the District, is sofeiy responsibie for determining hislher totaf maximum a0owabfe annual contribution amount under IRS regulations. The empfayee must initiate an application to participate through the DistricYs specifiied procedures. ❑ 0 ARTICLE 13. H011DAYS 13.1 Hotidavs Recoqnized and Observed. The following days shall be recognized and obser�ed as paid holidays: fVew Year's Day Martin Lutfier King Day Presidents' Day Memorial Day Independe�ce Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Effective July 7, 2000, the following days shall be recognized and observed as paid holidays: New Yea+'s Day Martin Luther King Day Presidents' Day Memoriai Day Independence Day Labor Day Tfianksgiving Day Day After Thanksgiving Day Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fali 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. 132 Eliqibilitv Reouiremsnts. To be eligible for holiday pay, an employee must have been compensated for alI scheduled hours of fheir last scheduled workday before the holiday and for their first scheduled workday foliowing the holiday. !t is iurther understood that neither temporary nor other employees not othervvise eligible shall receive holiday pay. 73.3 In the case of Board of Education employees, if Martin Luther iCing Day or Presidents' Day falls on a day when school is in session, the employee shatl work that day at straight time and another day shail be designated as the holiday. This designated ho(iday sha(I be a day on which schoof is not in session and shalf be determined by agreement between the employee and the supervisor. � � � �� 10 t�a-�3 5 � \_J ❑ ARTICLE �4. VACAT{ON 14.� in each calendar year, each full-time empioyee shall be granted vacation according to the foilowing schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years 14.2 14.3 Vacation Hours Earned Per Hour On Pavroll 0.0654 0.0846 0.1038 'Annual Hours Eamed 136 176 216 'Annual Days Earned 77 22 27 Effective July 1, 2000, in each calendar year, each ful{-time employee shall be granted vacation according to the following schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years Vacatio� Hours Eamed Per Hour On Pavroll 0.0692 0.0885 0.1077 `Annual Hours Earned 144 184 224 'Annual Days Earned 18 23 28 `Annual hours and days earned are based on a two thousand eighty (2,080)-hour work year, Vacation is earned on regular hours on payroll. Years of Service is defined as the number of years since the date of employment. Employees who work less than fuli time shall be granted vacation on a pro sata basis. The employee may carry over into the following year up to a ma�cimum of one hundred sixty (160) hours of vacation. 14.4 If for reasons of business the department head determines that additiona! carry over is necessary for an empioyee, then the emp�oyee shaN ask the immediate supervisor to ailow additional time be carried over, The time of vacation shall be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than the employee has earned up to the time of separation trom service, the employee shail reimburse the School District for such unearned vacation. If an employee is separated from the Schooi District by reason o# resignation, the empioyee shail be grarned such vacation pay as the employee may have earned and not used up to the time of such separation, provided that the empioyee has notified the depaRment head in writing at least fifteen (i5) ca4endar days prior to the date of resignation. It an employee is separated from the Schooi District by reason of discharge, retirement or death, the employee shall be granted such vacation pay as may have been eamed and not used up to the time of such separation. 14.5 Sick Leave Conversion to Vacatio�. If an employee has a� accumulation of sick leave credits in excess of one thousand four hundred forty (1,440) hours, helshe may convert any part of such excess to vacation at the rate of one-half (1/2) days vacation for each day of sick feave credit. The maximum number of hours vacation allowed by the conversion of sick leave credits shall be no more than forty (40) hours in any one year. 11 ARTICLE 15. PROBATION 15.1 Oriainal Emplovment Probation. A new employee shall serve a six (6)-month probationary period, iollow�ng regular appointment to a position covered by this Agreement. At any time during this originai probationary period, fhe employee may be suspended, disciplined or discharged at the discretion of Yhe Employer, and without recourse to the grievance procedure. The probation period will exclude any unpaid leaves of absence when calculating time toward complefion of any probationary period. 152. Promotiortal Probation. An employee newly promoted to a position covered by this Agreement shali remain on promotional probation for a period of six (6) months. At any time d�ring this probationary period, the employee may be retumed to ihe employee's previous position or to a position to which the employee may have been transferred or assigned prior to the promotion, at the discretion of the Employer, and without recourse to the grievance procedure. ARTICLE 76. DlSCIPLINE 16.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c} Suspension; d) Reduction; e) Discharge. 16.2 Employees and the Union wil! receive copies of written reprimands and notices of suspension and discharge. 76.3 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation fo his/her supervisor regarding proposed discipline. The supervisor will then offer to meet with the empioyee prior to making a final determinaiion of the proposed discipiine. The employee shall have the opportunity to have union representation present and be provided the opportunify to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee will be given ihe opportunity to respond in writing. �6.4 Employees who are suspended, demoted or discharged refain ali rights under Minnesota Statute §179A.20, Subdivision 4, and thereby have the right to request that such actions be considered a"grievance° for the purpose of processing through the provisions of Article 16 {Grievance Procedures). Oral reprimands shaU not be subject Yo the grievance review procedures. � • � 12 Cb-�to35 � ART{CLE 17. GRIEVANCE PROCEDURES 17.� The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance represerrtalive of the bargaining unit. The Union shaii notify the Employer in writing of the names of the stewards and of their successors when so named. 172 It is recognized and accepted by the Employer and the Union ihat the processing of grievances as hereinafter provided is iimited by the job duties and responsibilities of the employees and shall theretore be accomplished during working hours oniy when consistent with such employee duties and responsibiiities. The Steward invoived and a grieving empioyee shali suffer no toss in pay when a grievance is processed during working hours, provided the Steward and the employee have notrfied and received the � approvaf of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 17.3 The procedure estabiished by this Article shafi be the sole and exciusive procedure, except tor the appeal of disciplinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged vioiation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Steo'I Upon the occurrence of an affeged violation of this Agreement, the empioyee invoived shall attempt to resolve the matter on an informai basis with the employee's supervisor. If the matter is not resolved to the employee's • satisfaction by the informal discussion, i1 may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief req�ested. Any alleged violation of the Agreement not reduced to writing by the Union within ten (10) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence shoufd have had knowiedge of ihe first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2 Within ten (10) calendar days after seceiving the written grievance, a designated Employer Supervisor shaff ineet 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 writ+ng to the Union wfthin five (5} calendar days Sof4owing this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) caiendar days foliowing receipt oE the Employe�s answer shaii be considered waived. Steo 3 Within ten (10) calendar days following receipt of a grievance referred Srom Step 2, a designated Empioyer Supervisor shaii meet with the Union Business Ma�ager or the designated representative and attempt to resolve the grievance. W ithin ten (14) calendar days foliowing this meeting, the Employer shail reply in writing to the Union stating the Employer's answer concerning the grievance. ff, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Un+on to Step 4 within ten (10) cafendar days foilowing receipt ot the Employer's answer shall be considered waived. LJ 13 ARTICIE 17. GRIEVANCE PROCEQURES (continued): Step 4 If the grievance remains unresolved, the Union may within ten (10)-calendar days after the response of the Emptoyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shali be conducted by an arbitrator to be selecied by mutua! agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the 8ureau of Mediation Services to submit a panet of five (5} arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panet. The Union shaii strike the firsi name; the Employer shall then strike one (i) name. The process will be repeated and the remaining person shall be the arbifrator. 17.4 The arbitrator shall have no right to amend, modity, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide on(y the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the apptication 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 arbftrator shall be final and binding on the Employer, the Union, and the employees. 'l7.5 The tees and expenses for the arbitrato�'s services and proceedings shall be bome equaliy by the Employer and the Union, provided that each party shall 6e 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 recard. 17.6 The time limits in each step of this procedure may be eutended by mutual agreement of the Employer and the Union. 17.7 For the purpose ot this severance pay program, a transfer from independent School Distr+ct No. 625 employment to City of Saint Paut employment is not considered a separation of employment, but such transferee shali not be eligibie for this severance program. 17.8 it is understood by the Union and the Empfoyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Givi! Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure, it shai( not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules, B shaii not again be submitted for arbitration under this grievance procedure. � � u . �4 00-1035 � ARTICLE 18. SEVERANGE PAY 18.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall 6e made within the tax year of the retirement as described in Business Qffice Rules. '182 To 6e eligi6le for the severance pay program, the employee must meet the following requirements: 182.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" provisions af the Pubiic Employees Retirement Association (PERA). 18.2.2 The empioyee must be voluntariiy separated from Schooi District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficfency, incompetency or any other disciplinary reason are not eligible for ihis severance pay program. 18.3 If an empioyee requests severance pay and if the employee meets the efigibifity requirements set forth above, he or she will be granted severance pay in an amount equal to $65 pay for each day of accrued, unused sick feave, up to two hundred thirty-one (231) days. 18.4 The maximum amount of money that a�y employee may obtain through this severance pay program is $15,000. � 18.5 For the purpose of this severance pay program, a death of an empioyee shall be considered as separation of employment and, if the empfoyee woufd 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 sQouse. 18.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 empioyment to City of Saint Paul employment is not considered a separation of employment, and such transferee shali not be eligib{e for this severance program. ARTICLE 19. WAGE SCHEDULE 19.1 The wage schedule for purposes of this contract shali be Appendix A, attached hereto. l� i9.2 The Vehicle Mechanic Leadworker rate will be no less than 25¢ per hour higher than the Vehicle Mechanic rate. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-c'Qwns, stay-ins, or other concerted interferences with the Employer's bus+ness or affairs by any of the said Union and/or the members thereot, and there shaff be no banneri-s during the existence of this Agreemeni without fiirst using ali possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liabie for discipiinary action. 15 ARTICLE 21. SICK LEAVE 21.1 Sick Leave. Sick leave stiall accumulate at the rate of .0576 of a working ho�r for each full hour on the payroll, exciuding overtime. Sick leave accumulation is uniimited. To be eligi6le for sick teave, the employee must report to his/her supervisor no iater than one-haif hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to ihe terms and provisions of fhis Agreement. Any empioyee who has accumulated sick ieave as provided above shall be granted {eave with pay, for such period of time as the head of the department deems necessary for the foilowing specified a!lowable uses: 21.2 Personal Iilness. Employees may use accumulated sick leave tor hours off due to personal illness. The employee may be required to furnish a medical certificate from a qual'rfied physician as evidence of illness or physical disability in order to qualify for paid sick leave as per District practice. Accumulated sick leave may also be granted tor such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. 21.2.7 Familv Illness. Employees may use accumulated sick leave for hours oH due to sudden sickness or disability of a parent or a member of hislher household or to make arrangements for the care of such sick or disab(ed persons up to a maximum of eight (8) hours sick leave per incident. Up to forty (40) hours of accumulated sick leave may be used in a work year to allow the emptoyee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These hours, when used, are deducied from sick leave. 21.22 Sick Child Care Leave. Sick feave to care for a sick child sha�l be granted on the same terms as The employee is able to use sick leave for the employee's own iilness. This leave shall only be granted pursuant to Minnesota Statute §181.9413 and shall remain avaitable as provided in the Statute. 212.3 8ereavement Leave. A leave ot absence with pay, not to exceed five (5) days, shaf( be granted because of the death of a� employee's spouse or chiid. 21.2.3.1 Up to three (3) days shall be granted because of death of other members of the employee's immediate family. Other members of the immediate family shall mean father, mother, sister, brother, parent-in-law, son-in-law or daughter-in-law, 21.2.32 Leave of absence for one (1) day shall be granted because of death of other close relatives. Other cbse relatives shall mean grandparent, uncle, auni, nephew, niece, brother-in-law, and sister-in-law. 212.3.3 A"day' for this purpose shall be equivalent to the regularly assigned workday of the employee, and such leave shat! be deducted from accumulated sick leave. 21.2.4 Up to fifteen (15) days of accumulated sick leave may be used in a contract year to attend to adoption procedures or care for a newly adopted chitd. Use of these fifteen (15) days does not need to occur consecutively. 21.3 Sick Leavs �Nith Pav. During any period in which an employee is absent from work on sick leave with pay, the employee shali not be employed or engaged in any occupation for compen�°::;on outside of hislher regular employment with fndependent School District No. 625. V�olation of tfie provision of this paragraph by any emp(oyee shall be grounds for suspension or discharge. �6 u � • . � ARTICLE 22. PARENTAL LEAVE 22.1 Parental Leave is a leave without pay or benefits that shall be granted upon request subject to the provisions of this Section. it may be granted for reasons of adoption or pregnancy and/or the need to provide parenial care for a child or children of the employee for an extended period ofi time immediately foilowing adoption or the conclusion of pregnancy; such period of leave shall 6e no longer than one (1) calendar year in length. leave up to six (6) calendar months shall be granted upon request. Leave for more than six {6) cafendar months is at the discretion of the empioyer. 22.2 in case of pregnancy, an empioyee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of earned sick leave; however, sick Ieave shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of Independent School District No. 625 not later than twelve (12) weeks in advance of the anticipated date of defivery. 'fhe empioyee will be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 22.3 in the case of adoption, the employee shali submit a written application to the Director of Human Resources of Independent School District No. 625, including the anticipated date of placement of the child and at least twetve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 22.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shali be placed, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave � or, if necessary, in an equivalent position. 22.5 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the employee will be placed in an equivafent position after the scheduied date of return as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title that exists, has no certified incumbent, which is to be filled, and for which no other person has rights. ARTICLE 23. FAM�LY MEDICAL LEAVE 23.1 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. 7he Humar, Resource Department provides procedures. � c�-,� 35 17 Council File # oo - 63S � Y 1V�J��o Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 0 July 1, 1999 through June 30, 2001 Employment Agreement between the Independent School District No. 625 and District Lodge 77, International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists. Requested by Department of: of Labor Relations :� . � ..� . . . � ��r1�i � � � By: a- _ �� Approved by Mayor: Date �v � Z( Z�a By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08923 � Approved by Mayor for Submission to Council By: �� A��t� Adopted by Council: Date � a. ��o , Adoprion Certified by Council creta DEPARTMENflOFFICE/COUNCII.: DATE INITIAT£D GREEN SHEET No.: 08923 00 — G3 a LABOR RELATTONS June 19,2000 CONTACTPERSON&PHONE: q ATE �VI77AL7DA7E NLIE KRAUS 266-6513 ASSIGN 1DEPARTMENT DIR 4 CiTYCOUNCII, NUMBER 2 CITY ATfORNEY CITY CLERK MUST BE OIV COi3NCII, AGFJ3DA BY (DATE) �� BUDCEt DIR � FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDE6 TOTAL#OFSIGNA7i7REPAGFS 1 (Q.7PAId,LOCAT[ONSFORSIG73ATORE) acnox x�uESrEn: Ttus resolution approves the July 1, 1999 through June 30, 2001 Employment Agreement befween Independent School District No. 625 and District Lodge 77, Intemational Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists. RECOMA�NDATIONS: Appsove (A) ar Reject (SL) PERSONAL SERVICE CONTRACPS MUST ANSWER T4� FOLLOWING QUESf10NS: _PLANNING COMhIISSION _CIVII, SERViCE COMMISSION 1. Hac this pe�sonH'am ever wotked under a conVact for t6is departmrnt? CtS COkiMITTEE Yes No _STAFF 2. Has this person/Sm� ever ban a city empioyee? DI517tICT COl7KT Yes No _ SUPPORTS WHICH COiJNCIL OBIECTIVE? 3. Dces this pecwnl5cm possas a skill iwt nocmalty.possessed by any croseac city employee? Yes No Eiplaiu ail yes answers on separate sheet and atfach to green sheet Ces�t� INII7ATING PROBLEM, LSSUE, OPPORTUNITY (Who, W6at, When, Where, W6y): JUN 2 7 2000 ADVANTAGESIFAPPROVED: � This Agreement pertains to Boazd of Educaflon employees only. RFCElVED JUN 2 0 2�Qf} DISADVANTAGES IF APPROVED: N1AY 1SSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVEIQUE SUDGE'fED: FUNDING SOURCE: ACTI�'1TY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 po - `3$ BOARD OF EDUCATION ST. PAUL PUBLIC SCNOOLS DATE: November 16. 1999 TOPIC: Approval of Emp�oyment Agreement Between Independent School District No. 625, Salnt Paul Public Schools, and District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists A. PERT{NENT FACTS: 1) New Agreement is for a two-year period from July 1, 1999 through June 30, 2001. 2) Contract changes are as follows: Insurance: EfEective January 20��, the district monthly contribution for singfe coverage is increased to $210; family coverage is increased to $375; effective January 2001, the district contribution for single coverage is increased to $220, family coverage is increased to $410. Waqes: Effective July 1, 1999, the salary schedule is increased 3%. Effective July 1, 2000, the salary schedule is increased by an additional 3%. Holidavs: The Columbus Day holiday is deleted and replaced with the Day After Thanksgiving. Veterans Day is converted to vacation days. These changes streamfine the leave system by aligning the feave system with the organizational calendar and reducing payroii-processing time. Severance Pav: Employees who retire and meet eligibility requirements will receive $65 per eight hours ot unused, accumulated sick leave up to a maximum of $15,000. Adontion Leave: Employees may use up to fifteen days of sick leave for the adoption or care of a newly adopted child. 3) The District has seven (7) regular employees in this bargaining unit. 4) This request is submifted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources/Labor Relations; and William A. Larson, Deputy Superintendent. B. RECOMMENDATION: That the Soard of Education of in�ependent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those machinist employees in this school district for whom District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, is the exclusive representative; duration of said Agreemeni is for the period of July 1, 1999 through June 30, 2001. i tx�-�35 1999-2001 LABOR AGREEMENT g :� Between Saint Paul Public Schools lndependent School District No. 625 • And District Lodge No. 77 International Association of Machinists And Aerospace Workers AFL-CIO �, : JULY 1, 1999 THROUGH JUNE 30, 2001 � S�P�Pt�lC� t l t r e !! f 1 E� l�+/! , � �+ `;;, . +, � ;+, �r- t r:, eireie�� ie,r++�� SAINT PAU! PUBLIC SCHOOLS Independent School District No. E25 Board of Edueation Mary Thomton Phillips Tom Conlon Gilbert de la O Greg Filice Secky Montgomery A1 Oertwig NealThao Chair Director Director Director Director Director Director Administration Superintendent of Schools Deputy Superintertdent Chief Academic Officer Chief Accountability O�cer Executive Assistant Area Super+ntendertts Patricia A. Harvey W illiam A. Larson Kate Foate Trewick Margo Baines Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Mary K. Boyd, Area D Terilyn Tumer, Area E � � � . � po-!o 35 � i . � ARTICLE Preamble Articie Article Article Article Article Article Article Article ARicle Article Article Article Article Article Article Article Article Article Article Articfe Article Article Article Article Article Article Appendix 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17, 18. 19. 20. 21. 22. 23. 24. 25. 26. CONTENTS PAGE ............................................................................................................................... iv Recognition ............................................................................................................. ti Definitions............................................................................................................... t Maintenance of Standards ......................................................................................2 Check Off and Administrative Service Fee .............................................................2 Union Rights ...........................................................................................................3 ManagementRights ...............................................................................................3 Hours Overtime Pay ..............................................................................................4 Too{ insurance and Clothing ...................................................................................4 CourtDuty ..............................................................................................................4 Legal Services ........................................................................................................5 Mifeage...................................................................................................................5 1 n s u ra n ce ................................................................................................................ 6 Holidays ................................................................................................................10 Vacation................................................................................................................11 Probation..............................................................................................................12 Discipline..............................................................................................................12 Grievance Procedures ..........................................................................................13 SeverancePay .....................................................................................................15 Wage Schedule ....................................................................................................�15 Strikes, Lockouts, Work interference ...................................................................15 SickLeave ............................................................................................................16 ParentafLeave .....................................................................................................17 Family Medical Leave ...........................................................................................17 Safety Shoes ........................................................................................................18 Savings Clause .....................................................................................................18 Duration................................................................................................................19 � PREAMBLE THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS ANQ AEROSPACE WORKERS AFL-CtO. This Agreement has been entered into between Independent School District No. 625, hereaRer referred to as the Employer, and Disirict Lodge #77, lnternatiortal Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as fhe Union, This Agreement has as its purposes the promotion of harmonious relations beiween the Employer and the Union, the estabiishment of an equitable and peaceful procedure for the resolution of ditferences and the estab(ishment of rates of pay, benefits, hours of work, and other conditions of empioyment. The parties hereto pledge ihai they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � � i ,v �• . • ARTICLE �. RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of estabiishing wages, benefits, hours, and other condftions of employment for ali of its employees as outlined in the cerFrfication by the State of Minnesota, Bureau of Mediation Services, dated April 5, 199Q in Case No.90-PCL-3212, and as set forth below: All regular, probationary, and provisionai vehicle and equipment maintenance personnei who are empioyed by independent Schooi District No. 625 in the classifications of Audio-visual Equipment Repairer, Communications Technician F{elper, Equipment Repairer, Food Setvice Equipment Repairer, Machinist, Mechanic-Weider, Parts Runner, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excfuding supervisory, confidential, temporary, and empioyees exciusively represented by other labor or employee organizations. � L�J 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the cfassifications set forth in this Agreement shal! 6e recognized as a part of this bargaining unit, and the parties shaif take ail steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2. DEFINITIONS 2.1 Collective Bar aiq ninp. The Employer will bargain coilectively with the Union with respect to rates of pay, hours, and conditions pertaining to empfoymeM for aH of the empfoyees in the unit herein before set forth. 2.2 Discrimination. The Employer will not interfere with, restrain or coerce the employees covered by this Agreement 6ecause of inembership in or activity on behalf of the Union. The Employer wilf not discriminate in respect to hire, tenure of employment or any term or condition ot employment against any employee covered by this Agreement because of membership in or activity on behaif of the Unfon, nor wili it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.3 This Agreement shall designate and define benefits with the exception of pension benefits that shal! be granted to the employees by the Employer. It, subsequent to this Agreement, any governing body passes a provision that shall create a cost benefit for an empioyee in this u�it, the cost of such benefit shall be paid by the empioyee un61 such time as the responsibiiity of the cost is subsequent{y negotiated. This provision shall not compel either party to reopen negotiations d�ring the course of an existing contract. ARTICLE 3. MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be mainfained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Pau! Salary Plan and ftates of Compensation at the time of ihe signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ART(CLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The Employer agrees to deduct !he Union membership dues once each month from ihe pay of those employees who individuatly request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deduct+ons of all employees shall be remitted together with an ifemized statement to the representative by the first of the succeeding monTh aRer such deductions are made or as soon thereafter as is possible. 42 Fair Share. Any present or future employee who is not a Union member shal! be required to coniribute a fair share fee tor services rendered by the Union. Upon natification by the Union, the Employer sha(I check off said fee from the eamings of the empioyee and Yransmit the same to the Union. !n no instance shaii the required conYribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relationship to negotiations and adminisiration of grievance procedures. This provision shall remain operative onty so long as specificafiy provided by Minnesota (aw and as otherwise fegal. 4.3 Administrative Service Fee. The Associatio� agrees that an administrative fee of $6.00 per employee, per year shail be deducted by !he Employer trom the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The Union wili indemnify, defend, and fiold the Empfoyer harmless against any claims and all suits, orders or judgments brought or issued against the Employer, its officers or employees, as a result of any action taken or not taken by the Employer under the provisions of this Section. i • . 2 cXr-635 � ARTICLE 5. UNION RIGHTS 5.1 The llnion may designate emp{oyees within the bargaining unit to serve as Union Stewards. 5.2 The Union shaii furnish the Empioyer and appropriate department heads with a iist of Stewards and aiternates, and shalf, as soon as possi6le, notify said appropriate District officiais in writing of any changes thereto. Oniy those who are Officers and Stewards shall be recognized by the Empioyer for the purpose of ineetings. ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to estabfish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to sefect, direct and determine the number of personnel; and to perform any inherent managerial function not specifically iimited to this Agreement. 6.2 Any "term or condition of empioymenY' not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. 6.3 This Agreement establishes the `terms and conditions of employmenY' defined by • Minnesota Statute §'I79A.30, Subdivision 19, for afl employees exclusively represented by the Union. This Agreement shaii supersede such "terms and conditions of employment° estabiished by Civif Service Rule, Councii Ordinance, and Councii Resolution. u 3 ARTICLE 7. HOURS, OVERTfME PAY 7.1 Hours of Emolovment. The normal workday and the normal workweek shall be eight (Sj hours excluding one-half (1/2j hour for lunch in any twenty-four (24)-hour period and forry (40) hours in any seven (7)-day period. (For employees on a shiR bas+s, this shall be construed to mean an average of forry (40} hours a week.) The nortnai workweek shaii consist of five (5) consecutive norma! workdays. 7.2 Call-in Pav. When an employee is called to work, helshe shal! receive iwo (2) hours' pay 'rf not put to work. If the employee is called to work and commences work, he/she shali be guaranteed four (4)-hours' pay. These provisions, however, shall not be effective when work is unabie to proceed because of adverse weather conditions. 7.3 Overtime. Time on the payroil in excess af the normat hours set forth above shati be "overtime work" and shall be done only by order of the head of the department. 7.4 An emp(oyee shatt be recompensed for work done in excess of the normaf hours by being granted compensatory time on a fime-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shaf( be paid shal! be determined sole�y by the Employer. The overtime rate of one-and-one-haif shall be computed on the basis of 1/80th of the biweekiy rate. ARTICLE 8, TOOL INSURANCE AND CLOTHlNG 8.1 The Employer will provide four (4) changes of coveralis per week in accordance with existing practices. 8.2 The Employer agrees to reimburse employee for toois damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shaA only apply in the evertt that the employee's tools are stored on the Employe�'s premises and in such places as Employer shaf( designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theR from the Empioyer's premises. AR7ICLE 9. COt1RT DUTY 9.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a wftness in his or her ow� behalf against the Empioyer shali be paid his/her regular pay while so engaged, provided, however, that any fees that the emp(oyee may receive from the couR for such service shali be paid to the Employer and be deposited with the District Business Office. Any employee who is scheduled to work a shift, other than the normal daytime shiff, shall be resched�fed to work the normai daytime shift during such time as the employee is required to appear in court as a juror or witness. � � i �, qo��5 • ARTlCLE 10. LEGAL SERVIGES 10.1 Except in cases of maffeasance in office or willful or wanton neglect of duty or indifference to rights of others, the Employer sfia{I defend, save fiarmless, and indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the pedortnance or scope of the employee's duties. 10.2 Natwithstanding the provisions of Subd. 11.1, the Employer shail not be required to defiend or indemn'rfy any empioyee against personai liability or damages, costs or expense (a) resuiting from a claim, suit, verdict, finding, determination or judgment that the empfoyee has committed an intentional tort or torts, including but nat limited to siander, libef, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such empfoyee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actualiy commenced) brought, made or instituted by such empfoyee. 10.3 Notwithstanding the pro�isions of Subd. 11.1 or 11.2, the Employer may at its sole discretion defend an employee against aliegations, claims, demands or actions whoily or in part 6ased on or arising out of claimed intentionai torts, and in such cases, the employee consents to the extent fawfully permitted to such represer�tation without regard to actual or potential conflicts of interest. 10.4 Each employee, within twenty (20) days after receiving notice of (1) a tort ciaim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, Sinding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Empfoyer's General Counsel. • ARTICLE 11. MILEAGE �1.� Employees of the School District, under poiicy adopted by the Board of Education, may be reim6ursed for the use of their automo6iles for school business. The miieage aliowance for efigible empfoyees shaft be 31¢ per mile, or such higher rate as may be estabiished at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shali be for the actua{ mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schoo� District Business Office policies a�d procedures. C ARTICLE i2. SECTION 1 tNSURANCE ACTIVE EMPLOYEE iNSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans oHered by the Employer shail be solely controlied by the contracts negoiiated by the Employer and the benefii providers. The Employer will attempt to prevent any changes in the benefits affered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in trenefits which a specific provider implements. 1.2 Eliqitrility Waitina Period. pne (1) fuil month of continuous regularfy appointed service in independent Schooi District No. 625 wil! be required before an eligible employee can receive the District contribution to premium cost for heaith and i'rfe insurance provided herein. 1.3 1.4 For ihe purpose of this Articte, fuif-time emp(oymenf is defined as appearing on the payroii at least thirty-two (32) hours per week or a1 least sixty-four (64) hours per pay period excluding overtime hours, For the purpose of this Article, half-time employment is defined as appearing on the payroli at least twenty (20) hours per week or at least forty {40) hours per pay period excluding overtime hours. Y.5 For each fuil-time employee who selects employee coverage under a medicai insurance plan offered by the Employer, the Empioyer agrees to contribute the cost of such coverage or $t95 per month, whichever is less. For each full-time employee who selects family coverage, the Employer wili contribute the cost of such family eoverage or $350 per month, whichever is less. 1.5.1 Effective January 1, 2000, for each full-time empioyee who selects employee coverage urtder a med'+cal insurance pian offered by the Employer, the Empioyer agrees to contribute the cost of such coverage or $210 per month, whichever is less. For each full-time emptoyee who selects family coverage, the Employer wiff contribute the cast of such family coverage or $375 per month, whichever is less. 1.5.2 Effective January 1, 2001, for each full-time employee who selects employee coverage under a medica! insurance pian offered by the Employer, the Employer agrees to contribute the cost of such coverage or $220 per month, whichever is less. For each full-time empioyee who selects family coverage, the Employer wiil contribute the cost of sucfi family coverage or $410 per month, whichever is less. 1.6 For each haif-time employee who sefects empioyee coverage under a medical insurance plan offered by the Employer, the Employer agrees to contribute fiHy percent (509'0) of the amount contrfbuted for fuil-time emptoyees selecting such employee insurance coverage. For each half-time employee who selects family insurance coverage, ihe Empioyer will contribute fifty percent (50%) of the amount contribufed for fuff-time employees selecting such family insurance coverage. 1.7 For each eligibie emptoyee the Emptoyer agrees to contribute the cost of $25,00� of basic life insurance coverage. The cost Tr Yhe Employer for basic 1'rfe insurance coverage shaii not exceed $6.32 per month. 1.8 During the term of this Agreeme^.;, a pre-tax medical and child care expense account wiil be made avaitabie to emp(oyees in th[s bargaining unit who are eligible for Empioyer-paid premium contribution for healYh insurance. The account will be avaifabte for medicai and chifd care expenses within the estab(ished Iegai regulations and IRS requirements for such accounts. . • . 0 Oiv-to 3 5 � ARTICLE 12. INSURANCE (continued) SECTION 2. RETIREMENT HEALTH INSURANCE PROVISIONS 2.1 Benefft Eliaibilitv for Emplovees who Retire Befiore Aae 65 2.1.1 Emplovees hired into District service before Januarv 1. �996, must have completed twenty (20} years of continuous employment with Independent School District No. 625 prior to retirement in order to be e{igible for any payment of any insurance premium contribution by the District aRer retirement. Not less than ten (10) of the years immediateiy preceding retirement must have been completed within the actual empfoyment of the District (i.e., service credit with ihe City of Saint Paul or other governmental unit shall not be considered in meeting this ten (10)-year requirement. Effective June 30, 2006, ail years of service toward meeting the twe�ty (20)-year requirement must be in the actual employment of Independent School District No. 625. No outside time with the City of Saint Paul or other governmental units will be considered. 2.7.2 Emplovees hired into District service after Januarv 1, 1996, must ha�e completed twenty (20) years of service with fndependent School District No. 625. Time with the City of 8aint Paul will not be counted toward this twenty (2�)-year requirement. 2.1.3 Eliqibiiity requirements for all retirees: A. Be receiving pension benefits from PERA, St. Paul 7eachers Retirement � Association or other public employee retiree program at the time of retirement and have severed the empioyment reiationship wiih Independent School District 625. B. Must have been empfoyed by independent School District 625 and covered under this Agreement immediately precedi�g retirement. C. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent Schooi District No. 625 retfree or Independent School District No. 625 empfoyee and eiigible for and is enroiled in the independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. D. Additio�al dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. E. The employee must make application through District procedures prior to the date of retirement in order to be eiigible for any benefits provided in this Section. ❑ 7 ARTICLE 12. INSURANCE, Section 2(continued) � 2.2 Emplover Contritrution Levels for Empiovees Retirinq Before Aqe 65 2.2.� Heallh Insurance Employer Contribution The District will for the period of this Agreement provide employees who meei the eligibility requirements for health insurence in 2.1, 2.2 and 2.3 of this Section, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurar�ce premium contribvtions up to the same doilar amount as were made by the District for health insurance for single or family coverage by ihat carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in piace at execution of this Agreement, the dollar amounts being paid tor sirtgle or family coverage to the carrier at the employee's date of retirement shaif constifute fhe limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 222 Life Insurance Employer Contribufion The District will provide for early retirees who qualify under the conditions of 2.1.'I or 2.12 of this Section, premium contributions ior eligitrle retirees for $5,000 of iife insurance on(y until their sixty-fifth (65fh) birthday. No life insurance will be provided, or premium contributio�s paid, tor any retiree age � sixty-five (65) or over. 2.3 Benefii Eliaibifitv for Emnlovees After Aqe 65 2.3.1 Emplovees hired into the Disirict before Januarv 1. 1996. who retired before age si�y-five (65) artd are receiving benefits per Subd. 2 above are eligible, upon reaching age sixry-five (65), for employer premium contributions for heakh insurance described in 2.4 ot this Section. 2.3.2 Emplovees hired into ihe District before Januarv 7. 1996, who retire at age sixty-five (65) or otder must have compfeted the service eligibility requirements in 2.1 of this Section to receive District contributions toward post-age sixty-five (65) health irtsurance premiums. 2.3.3 Emplovees hired on or after Januarv 1. 1996, shal! not have or acquire in any way any eligibility for Emptoyer-paid heatth insurance premium contribution for coverage in retirement at age sixty-five (65) and over in 2.4 of this Section. Employees hired on or after January 7, i996, shalt be etigible for only eariv retirement insurance premium contributions as provided in 22 and Deferred Compensaiion match in 2.5 of this Section. . t�o �35 . ARTICLE �2. INSURANCE, Section 2(continued) 2.4 Emolover Contribution Levels for Retirees After Age 65 2.4.1 Emolovees hired into the District before Januarv 1. 1996, who meet the eligibility requirements in 2.3.1 and 2.32 of this Section are eligible for premium contributions for a Medicare Supplement heatth coverage policy sefected by the District. Premium contributions for such policy will not exceed: Coveraae Tvpe Medicare Eligible Non-Medicare Eligible Sinale Famil $300 per morrth $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. � 2.5 Emplovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in Independent Schooi District No. 625, are eligible to participate in an employer-matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $50 per paycheck to a maximum of $50� per year ot consecutive active service, up to a cumulative Iifetime maximum of $12,5�0. Part-time employees working half-time or more wifl 6e eligihle for uQ to one half (50 percent) of the available District match. Approved non-compensatory leave shal! not be counted in reaching the three (3)-ful! years of consecut+ve active service, and shall not be co�sidered a break in service. Time worked in the City of Saint Paul wi{I not be counted toward this three {3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shafl apply. The employee, not the District, is sofeiy responsibie for determining hislher totaf maximum a0owabfe annual contribution amount under IRS regulations. The empfayee must initiate an application to participate through the DistricYs specifiied procedures. ❑ 0 ARTICLE 13. H011DAYS 13.1 Hotidavs Recoqnized and Observed. The following days shall be recognized and obser�ed as paid holidays: fVew Year's Day Martin Lutfier King Day Presidents' Day Memorial Day Independe�ce Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Effective July 7, 2000, the following days shall be recognized and observed as paid holidays: New Yea+'s Day Martin Luther King Day Presidents' Day Memoriai Day Independence Day Labor Day Tfianksgiving Day Day After Thanksgiving Day Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fali 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. 132 Eliqibilitv Reouiremsnts. To be eligible for holiday pay, an employee must have been compensated for alI scheduled hours of fheir last scheduled workday before the holiday and for their first scheduled workday foliowing the holiday. !t is iurther understood that neither temporary nor other employees not othervvise eligible shall receive holiday pay. 73.3 In the case of Board of Education employees, if Martin Luther iCing Day or Presidents' Day falls on a day when school is in session, the employee shatl work that day at straight time and another day shail be designated as the holiday. This designated ho(iday sha(I be a day on which schoof is not in session and shalf be determined by agreement between the employee and the supervisor. � � � �� 10 t�a-�3 5 � \_J ❑ ARTICLE �4. VACAT{ON 14.� in each calendar year, each full-time empioyee shall be granted vacation according to the foilowing schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years 14.2 14.3 Vacation Hours Earned Per Hour On Pavroll 0.0654 0.0846 0.1038 'Annual Hours Eamed 136 176 216 'Annual Days Earned 77 22 27 Effective July 1, 2000, in each calendar year, each ful{-time employee shall be granted vacation according to the following schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years Vacatio� Hours Eamed Per Hour On Pavroll 0.0692 0.0885 0.1077 `Annual Hours Earned 144 184 224 'Annual Days Earned 18 23 28 `Annual hours and days earned are based on a two thousand eighty (2,080)-hour work year, Vacation is earned on regular hours on payroll. Years of Service is defined as the number of years since the date of employment. Employees who work less than fuli time shall be granted vacation on a pro sata basis. The employee may carry over into the following year up to a ma�cimum of one hundred sixty (160) hours of vacation. 14.4 If for reasons of business the department head determines that additiona! carry over is necessary for an empioyee, then the emp�oyee shaN ask the immediate supervisor to ailow additional time be carried over, The time of vacation shall be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than the employee has earned up to the time of separation trom service, the employee shail reimburse the School District for such unearned vacation. If an employee is separated from the Schooi District by reason o# resignation, the empioyee shail be grarned such vacation pay as the employee may have earned and not used up to the time of such separation, provided that the empioyee has notified the depaRment head in writing at least fifteen (i5) ca4endar days prior to the date of resignation. It an employee is separated from the Schooi District by reason of discharge, retirement or death, the employee shall be granted such vacation pay as may have been eamed and not used up to the time of such separation. 14.5 Sick Leave Conversion to Vacatio�. If an employee has a� accumulation of sick leave credits in excess of one thousand four hundred forty (1,440) hours, helshe may convert any part of such excess to vacation at the rate of one-half (1/2) days vacation for each day of sick feave credit. The maximum number of hours vacation allowed by the conversion of sick leave credits shall be no more than forty (40) hours in any one year. 11 ARTICLE 15. PROBATION 15.1 Oriainal Emplovment Probation. A new employee shall serve a six (6)-month probationary period, iollow�ng regular appointment to a position covered by this Agreement. At any time during this originai probationary period, fhe employee may be suspended, disciplined or discharged at the discretion of Yhe Employer, and without recourse to the grievance procedure. The probation period will exclude any unpaid leaves of absence when calculating time toward complefion of any probationary period. 152. Promotiortal Probation. An employee newly promoted to a position covered by this Agreement shali remain on promotional probation for a period of six (6) months. At any time d�ring this probationary period, the employee may be retumed to ihe employee's previous position or to a position to which the employee may have been transferred or assigned prior to the promotion, at the discretion of the Employer, and without recourse to the grievance procedure. ARTICLE 76. DlSCIPLINE 16.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c} Suspension; d) Reduction; e) Discharge. 16.2 Employees and the Union wil! receive copies of written reprimands and notices of suspension and discharge. 76.3 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation fo his/her supervisor regarding proposed discipline. The supervisor will then offer to meet with the empioyee prior to making a final determinaiion of the proposed discipiine. The employee shall have the opportunity to have union representation present and be provided the opportunify to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee will be given ihe opportunity to respond in writing. �6.4 Employees who are suspended, demoted or discharged refain ali rights under Minnesota Statute §179A.20, Subdivision 4, and thereby have the right to request that such actions be considered a"grievance° for the purpose of processing through the provisions of Article 16 {Grievance Procedures). Oral reprimands shaU not be subject Yo the grievance review procedures. � • � 12 Cb-�to35 � ART{CLE 17. GRIEVANCE PROCEDURES 17.� The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance represerrtalive of the bargaining unit. The Union shaii notify the Employer in writing of the names of the stewards and of their successors when so named. 172 It is recognized and accepted by the Employer and the Union ihat the processing of grievances as hereinafter provided is iimited by the job duties and responsibilities of the employees and shall theretore be accomplished during working hours oniy when consistent with such employee duties and responsibiiities. The Steward invoived and a grieving empioyee shali suffer no toss in pay when a grievance is processed during working hours, provided the Steward and the employee have notrfied and received the � approvaf of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 17.3 The procedure estabiished by this Article shafi be the sole and exciusive procedure, except tor the appeal of disciplinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged vioiation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Steo'I Upon the occurrence of an affeged violation of this Agreement, the empioyee invoived shall attempt to resolve the matter on an informai basis with the employee's supervisor. If the matter is not resolved to the employee's • satisfaction by the informal discussion, i1 may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief req�ested. Any alleged violation of the Agreement not reduced to writing by the Union within ten (10) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence shoufd have had knowiedge of ihe first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2 Within ten (10) calendar days after seceiving the written grievance, a designated Employer Supervisor shaff ineet 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 writ+ng to the Union wfthin five (5} calendar days Sof4owing this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) caiendar days foliowing receipt oE the Employe�s answer shaii be considered waived. Steo 3 Within ten (10) calendar days following receipt of a grievance referred Srom Step 2, a designated Empioyer Supervisor shaii meet with the Union Business Ma�ager or the designated representative and attempt to resolve the grievance. W ithin ten (14) calendar days foliowing this meeting, the Employer shail reply in writing to the Union stating the Employer's answer concerning the grievance. ff, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Un+on to Step 4 within ten (10) cafendar days foilowing receipt ot the Employer's answer shall be considered waived. LJ 13 ARTICIE 17. GRIEVANCE PROCEQURES (continued): Step 4 If the grievance remains unresolved, the Union may within ten (10)-calendar days after the response of the Emptoyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shali be conducted by an arbitrator to be selecied by mutua! agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the 8ureau of Mediation Services to submit a panet of five (5} arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panet. The Union shaii strike the firsi name; the Employer shall then strike one (i) name. The process will be repeated and the remaining person shall be the arbifrator. 17.4 The arbitrator shall have no right to amend, modity, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide on(y the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the apptication 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 arbftrator shall be final and binding on the Employer, the Union, and the employees. 'l7.5 The tees and expenses for the arbitrato�'s services and proceedings shall be bome equaliy by the Employer and the Union, provided that each party shall 6e 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 recard. 17.6 The time limits in each step of this procedure may be eutended by mutual agreement of the Employer and the Union. 17.7 For the purpose ot this severance pay program, a transfer from independent School Distr+ct No. 625 employment to City of Saint Paut employment is not considered a separation of employment, but such transferee shali not be eligibie for this severance program. 17.8 it is understood by the Union and the Empfoyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Givi! Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure, it shai( not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules, B shaii not again be submitted for arbitration under this grievance procedure. � � u . �4 00-1035 � ARTICLE 18. SEVERANGE PAY 18.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall 6e made within the tax year of the retirement as described in Business Qffice Rules. '182 To 6e eligi6le for the severance pay program, the employee must meet the following requirements: 182.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" provisions af the Pubiic Employees Retirement Association (PERA). 18.2.2 The empioyee must be voluntariiy separated from Schooi District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficfency, incompetency or any other disciplinary reason are not eligible for ihis severance pay program. 18.3 If an empioyee requests severance pay and if the employee meets the efigibifity requirements set forth above, he or she will be granted severance pay in an amount equal to $65 pay for each day of accrued, unused sick feave, up to two hundred thirty-one (231) days. 18.4 The maximum amount of money that a�y employee may obtain through this severance pay program is $15,000. � 18.5 For the purpose of this severance pay program, a death of an empioyee shall be considered as separation of employment and, if the empfoyee woufd 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 sQouse. 18.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 empioyment to City of Saint Paul employment is not considered a separation of employment, and such transferee shali not be eligib{e for this severance program. ARTICLE 19. WAGE SCHEDULE 19.1 The wage schedule for purposes of this contract shali be Appendix A, attached hereto. l� i9.2 The Vehicle Mechanic Leadworker rate will be no less than 25¢ per hour higher than the Vehicle Mechanic rate. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-c'Qwns, stay-ins, or other concerted interferences with the Employer's bus+ness or affairs by any of the said Union and/or the members thereot, and there shaff be no banneri-s during the existence of this Agreemeni without fiirst using ali possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liabie for discipiinary action. 15 ARTICLE 21. SICK LEAVE 21.1 Sick Leave. Sick leave stiall accumulate at the rate of .0576 of a working ho�r for each full hour on the payroll, exciuding overtime. Sick leave accumulation is uniimited. To be eligi6le for sick teave, the employee must report to his/her supervisor no iater than one-haif hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to ihe terms and provisions of fhis Agreement. Any empioyee who has accumulated sick ieave as provided above shall be granted {eave with pay, for such period of time as the head of the department deems necessary for the foilowing specified a!lowable uses: 21.2 Personal Iilness. Employees may use accumulated sick leave tor hours off due to personal illness. The employee may be required to furnish a medical certificate from a qual'rfied physician as evidence of illness or physical disability in order to qualify for paid sick leave as per District practice. Accumulated sick leave may also be granted tor such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. 21.2.7 Familv Illness. Employees may use accumulated sick leave for hours oH due to sudden sickness or disability of a parent or a member of hislher household or to make arrangements for the care of such sick or disab(ed persons up to a maximum of eight (8) hours sick leave per incident. Up to forty (40) hours of accumulated sick leave may be used in a work year to allow the emptoyee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These hours, when used, are deducied from sick leave. 21.22 Sick Child Care Leave. Sick feave to care for a sick child sha�l be granted on the same terms as The employee is able to use sick leave for the employee's own iilness. This leave shall only be granted pursuant to Minnesota Statute §181.9413 and shall remain avaitable as provided in the Statute. 212.3 8ereavement Leave. A leave ot absence with pay, not to exceed five (5) days, shaf( be granted because of the death of a� employee's spouse or chiid. 21.2.3.1 Up to three (3) days shall be granted because of death of other members of the employee's immediate family. Other members of the immediate family shall mean father, mother, sister, brother, parent-in-law, son-in-law or daughter-in-law, 21.2.32 Leave of absence for one (1) day shall be granted because of death of other close relatives. Other cbse relatives shall mean grandparent, uncle, auni, nephew, niece, brother-in-law, and sister-in-law. 212.3.3 A"day' for this purpose shall be equivalent to the regularly assigned workday of the employee, and such leave shat! be deducted from accumulated sick leave. 21.2.4 Up to fifteen (15) days of accumulated sick leave may be used in a contract year to attend to adoption procedures or care for a newly adopted chitd. Use of these fifteen (15) days does not need to occur consecutively. 21.3 Sick Leavs �Nith Pav. During any period in which an employee is absent from work on sick leave with pay, the employee shali not be employed or engaged in any occupation for compen�°::;on outside of hislher regular employment with fndependent School District No. 625. V�olation of tfie provision of this paragraph by any emp(oyee shall be grounds for suspension or discharge. �6 u � • . � ARTICLE 22. PARENTAL LEAVE 22.1 Parental Leave is a leave without pay or benefits that shall be granted upon request subject to the provisions of this Section. it may be granted for reasons of adoption or pregnancy and/or the need to provide parenial care for a child or children of the employee for an extended period ofi time immediately foilowing adoption or the conclusion of pregnancy; such period of leave shall 6e no longer than one (1) calendar year in length. leave up to six (6) calendar months shall be granted upon request. Leave for more than six {6) cafendar months is at the discretion of the empioyer. 22.2 in case of pregnancy, an empioyee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of earned sick leave; however, sick Ieave shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of Independent School District No. 625 not later than twelve (12) weeks in advance of the anticipated date of defivery. 'fhe empioyee will be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 22.3 in the case of adoption, the employee shali submit a written application to the Director of Human Resources of Independent School District No. 625, including the anticipated date of placement of the child and at least twetve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 22.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shali be placed, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave � or, if necessary, in an equivalent position. 22.5 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the employee will be placed in an equivafent position after the scheduied date of return as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title that exists, has no certified incumbent, which is to be filled, and for which no other person has rights. ARTICLE 23. FAM�LY MEDICAL LEAVE 23.1 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. 7he Humar, Resource Department provides procedures. � c�-,� 35 17 Council File # oo - 63S � Y 1V�J��o Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 0 July 1, 1999 through June 30, 2001 Employment Agreement between the Independent School District No. 625 and District Lodge 77, International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists. Requested by Department of: of Labor Relations :� . � ..� . . . � ��r1�i � � � By: a- _ �� Approved by Mayor: Date �v � Z( Z�a By: RESOLUTION CITY OF SAINT PAUL, MINNESOTA Green Sheet # 08923 � Approved by Mayor for Submission to Council By: �� A��t� Adopted by Council: Date � a. ��o , Adoprion Certified by Council creta DEPARTMENflOFFICE/COUNCII.: DATE INITIAT£D GREEN SHEET No.: 08923 00 — G3 a LABOR RELATTONS June 19,2000 CONTACTPERSON&PHONE: q ATE �VI77AL7DA7E NLIE KRAUS 266-6513 ASSIGN 1DEPARTMENT DIR 4 CiTYCOUNCII, NUMBER 2 CITY ATfORNEY CITY CLERK MUST BE OIV COi3NCII, AGFJ3DA BY (DATE) �� BUDCEt DIR � FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDE6 TOTAL#OFSIGNA7i7REPAGFS 1 (Q.7PAId,LOCAT[ONSFORSIG73ATORE) acnox x�uESrEn: Ttus resolution approves the July 1, 1999 through June 30, 2001 Employment Agreement befween Independent School District No. 625 and District Lodge 77, Intemational Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists. RECOMA�NDATIONS: Appsove (A) ar Reject (SL) PERSONAL SERVICE CONTRACPS MUST ANSWER T4� FOLLOWING QUESf10NS: _PLANNING COMhIISSION _CIVII, SERViCE COMMISSION 1. Hac this pe�sonH'am ever wotked under a conVact for t6is departmrnt? CtS COkiMITTEE Yes No _STAFF 2. Has this person/Sm� ever ban a city empioyee? DI517tICT COl7KT Yes No _ SUPPORTS WHICH COiJNCIL OBIECTIVE? 3. Dces this pecwnl5cm possas a skill iwt nocmalty.possessed by any croseac city employee? Yes No Eiplaiu ail yes answers on separate sheet and atfach to green sheet Ces�t� INII7ATING PROBLEM, LSSUE, OPPORTUNITY (Who, W6at, When, Where, W6y): JUN 2 7 2000 ADVANTAGESIFAPPROVED: � This Agreement pertains to Boazd of Educaflon employees only. RFCElVED JUN 2 0 2�Qf} DISADVANTAGES IF APPROVED: N1AY 1SSADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVEIQUE SUDGE'fED: FUNDING SOURCE: ACTI�'1TY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 po - `3$ BOARD OF EDUCATION ST. PAUL PUBLIC SCNOOLS DATE: November 16. 1999 TOPIC: Approval of Emp�oyment Agreement Between Independent School District No. 625, Salnt Paul Public Schools, and District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists A. PERT{NENT FACTS: 1) New Agreement is for a two-year period from July 1, 1999 through June 30, 2001. 2) Contract changes are as follows: Insurance: EfEective January 20��, the district monthly contribution for singfe coverage is increased to $210; family coverage is increased to $375; effective January 2001, the district contribution for single coverage is increased to $220, family coverage is increased to $410. Waqes: Effective July 1, 1999, the salary schedule is increased 3%. Effective July 1, 2000, the salary schedule is increased by an additional 3%. Holidavs: The Columbus Day holiday is deleted and replaced with the Day After Thanksgiving. Veterans Day is converted to vacation days. These changes streamfine the leave system by aligning the feave system with the organizational calendar and reducing payroii-processing time. Severance Pav: Employees who retire and meet eligibility requirements will receive $65 per eight hours ot unused, accumulated sick leave up to a maximum of $15,000. Adontion Leave: Employees may use up to fifteen days of sick leave for the adoption or care of a newly adopted child. 3) The District has seven (7) regular employees in this bargaining unit. 4) This request is submifted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources/Labor Relations; and William A. Larson, Deputy Superintendent. B. RECOMMENDATION: That the Soard of Education of in�ependent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those machinist employees in this school district for whom District Lodge No. 77 International Association of Machinists and Aerospace Workers AFL-CIO, is the exclusive representative; duration of said Agreemeni is for the period of July 1, 1999 through June 30, 2001. i tx�-�35 1999-2001 LABOR AGREEMENT g :� Between Saint Paul Public Schools lndependent School District No. 625 • And District Lodge No. 77 International Association of Machinists And Aerospace Workers AFL-CIO �, : JULY 1, 1999 THROUGH JUNE 30, 2001 � S�P�Pt�lC� t l t r e !! f 1 E� l�+/! , � �+ `;;, . +, � ;+, �r- t r:, eireie�� ie,r++�� SAINT PAU! PUBLIC SCHOOLS Independent School District No. E25 Board of Edueation Mary Thomton Phillips Tom Conlon Gilbert de la O Greg Filice Secky Montgomery A1 Oertwig NealThao Chair Director Director Director Director Director Director Administration Superintendent of Schools Deputy Superintertdent Chief Academic Officer Chief Accountability O�cer Executive Assistant Area Super+ntendertts Patricia A. Harvey W illiam A. Larson Kate Foate Trewick Margo Baines Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Mary K. Boyd, Area D Terilyn Tumer, Area E � � � . � po-!o 35 � i . � ARTICLE Preamble Articie Article Article Article Article Article Article Article ARicle Article Article Article Article Article Article Article Article Article Article Articfe Article Article Article Article Article Article Appendix 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17, 18. 19. 20. 21. 22. 23. 24. 25. 26. CONTENTS PAGE ............................................................................................................................... iv Recognition ............................................................................................................. ti Definitions............................................................................................................... t Maintenance of Standards ......................................................................................2 Check Off and Administrative Service Fee .............................................................2 Union Rights ...........................................................................................................3 ManagementRights ...............................................................................................3 Hours Overtime Pay ..............................................................................................4 Too{ insurance and Clothing ...................................................................................4 CourtDuty ..............................................................................................................4 Legal Services ........................................................................................................5 Mifeage...................................................................................................................5 1 n s u ra n ce ................................................................................................................ 6 Holidays ................................................................................................................10 Vacation................................................................................................................11 Probation..............................................................................................................12 Discipline..............................................................................................................12 Grievance Procedures ..........................................................................................13 SeverancePay .....................................................................................................15 Wage Schedule ....................................................................................................�15 Strikes, Lockouts, Work interference ...................................................................15 SickLeave ............................................................................................................16 ParentafLeave .....................................................................................................17 Family Medical Leave ...........................................................................................17 Safety Shoes ........................................................................................................18 Savings Clause .....................................................................................................18 Duration................................................................................................................19 � PREAMBLE THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS ANQ AEROSPACE WORKERS AFL-CtO. This Agreement has been entered into between Independent School District No. 625, hereaRer referred to as the Employer, and Disirict Lodge #77, lnternatiortal Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as fhe Union, This Agreement has as its purposes the promotion of harmonious relations beiween the Employer and the Union, the estabiishment of an equitable and peaceful procedure for the resolution of ditferences and the estab(ishment of rates of pay, benefits, hours of work, and other conditions of empioyment. The parties hereto pledge ihai they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � � i ,v �• . • ARTICLE �. RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of estabiishing wages, benefits, hours, and other condftions of employment for ali of its employees as outlined in the cerFrfication by the State of Minnesota, Bureau of Mediation Services, dated April 5, 199Q in Case No.90-PCL-3212, and as set forth below: All regular, probationary, and provisionai vehicle and equipment maintenance personnei who are empioyed by independent Schooi District No. 625 in the classifications of Audio-visual Equipment Repairer, Communications Technician F{elper, Equipment Repairer, Food Setvice Equipment Repairer, Machinist, Mechanic-Weider, Parts Runner, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excfuding supervisory, confidential, temporary, and empioyees exciusively represented by other labor or employee organizations. � L�J 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the cfassifications set forth in this Agreement shal! 6e recognized as a part of this bargaining unit, and the parties shaif take ail steps required under the Public Employment Relations Act to accomplish said objective. ARTICLE 2. DEFINITIONS 2.1 Collective Bar aiq ninp. The Employer will bargain coilectively with the Union with respect to rates of pay, hours, and conditions pertaining to empfoymeM for aH of the empfoyees in the unit herein before set forth. 2.2 Discrimination. The Employer will not interfere with, restrain or coerce the employees covered by this Agreement 6ecause of inembership in or activity on behalf of the Union. The Employer wilf not discriminate in respect to hire, tenure of employment or any term or condition ot employment against any employee covered by this Agreement because of membership in or activity on behaif of the Unfon, nor wili it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.3 This Agreement shall designate and define benefits with the exception of pension benefits that shal! be granted to the employees by the Employer. It, subsequent to this Agreement, any governing body passes a provision that shall create a cost benefit for an empioyee in this u�it, the cost of such benefit shall be paid by the empioyee un61 such time as the responsibiiity of the cost is subsequent{y negotiated. This provision shall not compel either party to reopen negotiations d�ring the course of an existing contract. ARTICLE 3. MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be mainfained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Pau! Salary Plan and ftates of Compensation at the time of ihe signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ART(CLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The Employer agrees to deduct !he Union membership dues once each month from ihe pay of those employees who individuatly request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deduct+ons of all employees shall be remitted together with an ifemized statement to the representative by the first of the succeeding monTh aRer such deductions are made or as soon thereafter as is possible. 42 Fair Share. Any present or future employee who is not a Union member shal! be required to coniribute a fair share fee tor services rendered by the Union. Upon natification by the Union, the Employer sha(I check off said fee from the eamings of the empioyee and Yransmit the same to the Union. !n no instance shaii the required conYribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relationship to negotiations and adminisiration of grievance procedures. This provision shall remain operative onty so long as specificafiy provided by Minnesota (aw and as otherwise fegal. 4.3 Administrative Service Fee. The Associatio� agrees that an administrative fee of $6.00 per employee, per year shail be deducted by !he Employer trom the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The Union wili indemnify, defend, and fiold the Empfoyer harmless against any claims and all suits, orders or judgments brought or issued against the Employer, its officers or employees, as a result of any action taken or not taken by the Employer under the provisions of this Section. i • . 2 cXr-635 � ARTICLE 5. UNION RIGHTS 5.1 The llnion may designate emp{oyees within the bargaining unit to serve as Union Stewards. 5.2 The Union shaii furnish the Empioyer and appropriate department heads with a iist of Stewards and aiternates, and shalf, as soon as possi6le, notify said appropriate District officiais in writing of any changes thereto. Oniy those who are Officers and Stewards shall be recognized by the Empioyer for the purpose of ineetings. ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to estabfish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to sefect, direct and determine the number of personnel; and to perform any inherent managerial function not specifically iimited to this Agreement. 6.2 Any "term or condition of empioymenY' not estabiished by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. 6.3 This Agreement establishes the `terms and conditions of employmenY' defined by • Minnesota Statute §'I79A.30, Subdivision 19, for afl employees exclusively represented by the Union. This Agreement shaii supersede such "terms and conditions of employment° estabiished by Civif Service Rule, Councii Ordinance, and Councii Resolution. u 3 ARTICLE 7. HOURS, OVERTfME PAY 7.1 Hours of Emolovment. The normal workday and the normal workweek shall be eight (Sj hours excluding one-half (1/2j hour for lunch in any twenty-four (24)-hour period and forry (40) hours in any seven (7)-day period. (For employees on a shiR bas+s, this shall be construed to mean an average of forry (40} hours a week.) The nortnai workweek shaii consist of five (5) consecutive norma! workdays. 7.2 Call-in Pav. When an employee is called to work, helshe shal! receive iwo (2) hours' pay 'rf not put to work. If the employee is called to work and commences work, he/she shali be guaranteed four (4)-hours' pay. These provisions, however, shall not be effective when work is unabie to proceed because of adverse weather conditions. 7.3 Overtime. Time on the payroil in excess af the normat hours set forth above shati be "overtime work" and shall be done only by order of the head of the department. 7.4 An emp(oyee shatt be recompensed for work done in excess of the normaf hours by being granted compensatory time on a fime-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shaf( be paid shal! be determined sole�y by the Employer. The overtime rate of one-and-one-haif shall be computed on the basis of 1/80th of the biweekiy rate. ARTICLE 8, TOOL INSURANCE AND CLOTHlNG 8.1 The Employer will provide four (4) changes of coveralis per week in accordance with existing practices. 8.2 The Employer agrees to reimburse employee for toois damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shaA only apply in the evertt that the employee's tools are stored on the Employe�'s premises and in such places as Employer shaf( designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theR from the Empioyer's premises. AR7ICLE 9. COt1RT DUTY 9.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a wftness in his or her ow� behalf against the Empioyer shali be paid his/her regular pay while so engaged, provided, however, that any fees that the emp(oyee may receive from the couR for such service shali be paid to the Employer and be deposited with the District Business Office. Any employee who is scheduled to work a shift, other than the normal daytime shiff, shall be resched�fed to work the normai daytime shift during such time as the employee is required to appear in court as a juror or witness. � � i �, qo��5 • ARTlCLE 10. LEGAL SERVIGES 10.1 Except in cases of maffeasance in office or willful or wanton neglect of duty or indifference to rights of others, the Employer sfia{I defend, save fiarmless, and indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the pedortnance or scope of the employee's duties. 10.2 Natwithstanding the provisions of Subd. 11.1, the Employer shail not be required to defiend or indemn'rfy any empioyee against personai liability or damages, costs or expense (a) resuiting from a claim, suit, verdict, finding, determination or judgment that the empfoyee has committed an intentional tort or torts, including but nat limited to siander, libef, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such empfoyee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actualiy commenced) brought, made or instituted by such empfoyee. 10.3 Notwithstanding the pro�isions of Subd. 11.1 or 11.2, the Employer may at its sole discretion defend an employee against aliegations, claims, demands or actions whoily or in part 6ased on or arising out of claimed intentionai torts, and in such cases, the employee consents to the extent fawfully permitted to such represer�tation without regard to actual or potential conflicts of interest. 10.4 Each employee, within twenty (20) days after receiving notice of (1) a tort ciaim or demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, Sinding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Empfoyer's General Counsel. • ARTICLE 11. MILEAGE �1.� Employees of the School District, under poiicy adopted by the Board of Education, may be reim6ursed for the use of their automo6iles for school business. The miieage aliowance for efigible empfoyees shaft be 31¢ per mile, or such higher rate as may be estabiished at the discretion of the Board. An employee must keep a record of each trip made. Reimbursement shali be for the actua{ mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schoo� District Business Office policies a�d procedures. C ARTICLE i2. SECTION 1 tNSURANCE ACTIVE EMPLOYEE iNSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans oHered by the Employer shail be solely controlied by the contracts negoiiated by the Employer and the benefii providers. The Employer will attempt to prevent any changes in the benefits affered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in trenefits which a specific provider implements. 1.2 Eliqitrility Waitina Period. pne (1) fuil month of continuous regularfy appointed service in independent Schooi District No. 625 wil! be required before an eligible employee can receive the District contribution to premium cost for heaith and i'rfe insurance provided herein. 1.3 1.4 For ihe purpose of this Articte, fuif-time emp(oymenf is defined as appearing on the payroii at least thirty-two (32) hours per week or a1 least sixty-four (64) hours per pay period excluding overtime hours, For the purpose of this Article, half-time employment is defined as appearing on the payroli at least twenty (20) hours per week or at least forty {40) hours per pay period excluding overtime hours. Y.5 For each fuil-time employee who selects employee coverage under a medicai insurance plan offered by the Employer, the Empioyer agrees to contribute the cost of such coverage or $t95 per month, whichever is less. For each full-time employee who selects family coverage, the Employer wili contribute the cost of such family eoverage or $350 per month, whichever is less. 1.5.1 Effective January 1, 2000, for each full-time empioyee who selects employee coverage urtder a med'+cal insurance pian offered by the Employer, the Empioyer agrees to contribute the cost of such coverage or $210 per month, whichever is less. For each full-time emptoyee who selects family coverage, the Employer wiff contribute the cast of such family coverage or $375 per month, whichever is less. 1.5.2 Effective January 1, 2001, for each full-time employee who selects employee coverage under a medica! insurance pian offered by the Employer, the Employer agrees to contribute the cost of such coverage or $220 per month, whichever is less. For each full-time empioyee who selects family coverage, the Employer wiil contribute the cost of sucfi family coverage or $410 per month, whichever is less. 1.6 For each haif-time employee who sefects empioyee coverage under a medical insurance plan offered by the Employer, the Employer agrees to contribute fiHy percent (509'0) of the amount contrfbuted for fuil-time emptoyees selecting such employee insurance coverage. For each half-time employee who selects family insurance coverage, ihe Empioyer will contribute fifty percent (50%) of the amount contribufed for fuff-time employees selecting such family insurance coverage. 1.7 For each eligibie emptoyee the Emptoyer agrees to contribute the cost of $25,00� of basic life insurance coverage. The cost Tr Yhe Employer for basic 1'rfe insurance coverage shaii not exceed $6.32 per month. 1.8 During the term of this Agreeme^.;, a pre-tax medical and child care expense account wiil be made avaitabie to emp(oyees in th[s bargaining unit who are eligible for Empioyer-paid premium contribution for healYh insurance. The account will be avaifabte for medicai and chifd care expenses within the estab(ished Iegai regulations and IRS requirements for such accounts. . • . 0 Oiv-to 3 5 � ARTICLE 12. INSURANCE (continued) SECTION 2. RETIREMENT HEALTH INSURANCE PROVISIONS 2.1 Benefft Eliaibilitv for Emplovees who Retire Befiore Aae 65 2.1.1 Emplovees hired into District service before Januarv 1. �996, must have completed twenty (20} years of continuous employment with Independent School District No. 625 prior to retirement in order to be e{igible for any payment of any insurance premium contribution by the District aRer retirement. Not less than ten (10) of the years immediateiy preceding retirement must have been completed within the actual empfoyment of the District (i.e., service credit with ihe City of Saint Paul or other governmental unit shall not be considered in meeting this ten (10)-year requirement. Effective June 30, 2006, ail years of service toward meeting the twe�ty (20)-year requirement must be in the actual employment of Independent School District No. 625. No outside time with the City of Saint Paul or other governmental units will be considered. 2.7.2 Emplovees hired into District service after Januarv 1, 1996, must ha�e completed twenty (20) years of service with fndependent School District No. 625. Time with the City of 8aint Paul will not be counted toward this twenty (2�)-year requirement. 2.1.3 Eliqibiiity requirements for all retirees: A. Be receiving pension benefits from PERA, St. Paul 7eachers Retirement � Association or other public employee retiree program at the time of retirement and have severed the empioyment reiationship wiih Independent School District 625. B. Must have been empfoyed by independent School District 625 and covered under this Agreement immediately precedi�g retirement. C. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent Schooi District No. 625 retfree or Independent School District No. 625 empfoyee and eiigible for and is enroiled in the independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. D. Additio�al dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. E. The employee must make application through District procedures prior to the date of retirement in order to be eiigible for any benefits provided in this Section. ❑ 7 ARTICLE 12. INSURANCE, Section 2(continued) � 2.2 Emplover Contritrution Levels for Empiovees Retirinq Before Aqe 65 2.2.� Heallh Insurance Employer Contribution The District will for the period of this Agreement provide employees who meei the eligibility requirements for health insurence in 2.1, 2.2 and 2.3 of this Section, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurar�ce premium contribvtions up to the same doilar amount as were made by the District for health insurance for single or family coverage by ihat carrier, for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in piace at execution of this Agreement, the dollar amounts being paid tor sirtgle or family coverage to the carrier at the employee's date of retirement shaif constifute fhe limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 222 Life Insurance Employer Contribufion The District will provide for early retirees who qualify under the conditions of 2.1.'I or 2.12 of this Section, premium contributions ior eligitrle retirees for $5,000 of iife insurance on(y until their sixty-fifth (65fh) birthday. No life insurance will be provided, or premium contributio�s paid, tor any retiree age � sixty-five (65) or over. 2.3 Benefii Eliaibifitv for Emnlovees After Aqe 65 2.3.1 Emplovees hired into the Disirict before Januarv 1. 1996. who retired before age si�y-five (65) artd are receiving benefits per Subd. 2 above are eligible, upon reaching age sixry-five (65), for employer premium contributions for heakh insurance described in 2.4 ot this Section. 2.3.2 Emplovees hired into ihe District before Januarv 7. 1996, who retire at age sixty-five (65) or otder must have compfeted the service eligibility requirements in 2.1 of this Section to receive District contributions toward post-age sixty-five (65) health irtsurance premiums. 2.3.3 Emplovees hired on or after Januarv 1. 1996, shal! not have or acquire in any way any eligibility for Emptoyer-paid heatth insurance premium contribution for coverage in retirement at age sixty-five (65) and over in 2.4 of this Section. Employees hired on or after January 7, i996, shalt be etigible for only eariv retirement insurance premium contributions as provided in 22 and Deferred Compensaiion match in 2.5 of this Section. . t�o �35 . ARTICLE �2. INSURANCE, Section 2(continued) 2.4 Emolover Contribution Levels for Retirees After Age 65 2.4.1 Emolovees hired into the District before Januarv 1. 1996, who meet the eligibility requirements in 2.3.1 and 2.32 of this Section are eligible for premium contributions for a Medicare Supplement heatth coverage policy sefected by the District. Premium contributions for such policy will not exceed: Coveraae Tvpe Medicare Eligible Non-Medicare Eligible Sinale Famil $300 per morrth $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. � 2.5 Emplovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in Independent Schooi District No. 625, are eligible to participate in an employer-matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $50 per paycheck to a maximum of $50� per year ot consecutive active service, up to a cumulative Iifetime maximum of $12,5�0. Part-time employees working half-time or more wifl 6e eligihle for uQ to one half (50 percent) of the available District match. Approved non-compensatory leave shal! not be counted in reaching the three (3)-ful! years of consecut+ve active service, and shall not be co�sidered a break in service. Time worked in the City of Saint Paul wi{I not be counted toward this three {3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shafl apply. The employee, not the District, is sofeiy responsibie for determining hislher totaf maximum a0owabfe annual contribution amount under IRS regulations. The empfayee must initiate an application to participate through the DistricYs specifiied procedures. ❑ 0 ARTICLE 13. H011DAYS 13.1 Hotidavs Recoqnized and Observed. The following days shall be recognized and obser�ed as paid holidays: fVew Year's Day Martin Lutfier King Day Presidents' Day Memorial Day Independe�ce Day Labor Day Columbus Day Veterans Day Thanksgiving Day Christmas Day Effective July 7, 2000, the following days shall be recognized and observed as paid holidays: New Yea+'s Day Martin Luther King Day Presidents' Day Memoriai Day Independence Day Labor Day Tfianksgiving Day Day After Thanksgiving Day Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fali 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. 132 Eliqibilitv Reouiremsnts. To be eligible for holiday pay, an employee must have been compensated for alI scheduled hours of fheir last scheduled workday before the holiday and for their first scheduled workday foliowing the holiday. !t is iurther understood that neither temporary nor other employees not othervvise eligible shall receive holiday pay. 73.3 In the case of Board of Education employees, if Martin Luther iCing Day or Presidents' Day falls on a day when school is in session, the employee shatl work that day at straight time and another day shail be designated as the holiday. This designated ho(iday sha(I be a day on which schoof is not in session and shalf be determined by agreement between the employee and the supervisor. � � � �� 10 t�a-�3 5 � \_J ❑ ARTICLE �4. VACAT{ON 14.� in each calendar year, each full-time empioyee shall be granted vacation according to the foilowing schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years 14.2 14.3 Vacation Hours Earned Per Hour On Pavroll 0.0654 0.0846 0.1038 'Annual Hours Eamed 136 176 216 'Annual Days Earned 77 22 27 Effective July 1, 2000, in each calendar year, each ful{-time employee shall be granted vacation according to the following schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years Vacatio� Hours Eamed Per Hour On Pavroll 0.0692 0.0885 0.1077 `Annual Hours Earned 144 184 224 'Annual Days Earned 18 23 28 `Annual hours and days earned are based on a two thousand eighty (2,080)-hour work year, Vacation is earned on regular hours on payroll. Years of Service is defined as the number of years since the date of employment. Employees who work less than fuli time shall be granted vacation on a pro sata basis. The employee may carry over into the following year up to a ma�cimum of one hundred sixty (160) hours of vacation. 14.4 If for reasons of business the department head determines that additiona! carry over is necessary for an empioyee, then the emp�oyee shaN ask the immediate supervisor to ailow additional time be carried over, The time of vacation shall be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than the employee has earned up to the time of separation trom service, the employee shail reimburse the School District for such unearned vacation. If an employee is separated from the Schooi District by reason o# resignation, the empioyee shail be grarned such vacation pay as the employee may have earned and not used up to the time of such separation, provided that the empioyee has notified the depaRment head in writing at least fifteen (i5) ca4endar days prior to the date of resignation. It an employee is separated from the Schooi District by reason of discharge, retirement or death, the employee shall be granted such vacation pay as may have been eamed and not used up to the time of such separation. 14.5 Sick Leave Conversion to Vacatio�. If an employee has a� accumulation of sick leave credits in excess of one thousand four hundred forty (1,440) hours, helshe may convert any part of such excess to vacation at the rate of one-half (1/2) days vacation for each day of sick feave credit. The maximum number of hours vacation allowed by the conversion of sick leave credits shall be no more than forty (40) hours in any one year. 11 ARTICLE 15. PROBATION 15.1 Oriainal Emplovment Probation. A new employee shall serve a six (6)-month probationary period, iollow�ng regular appointment to a position covered by this Agreement. At any time during this originai probationary period, fhe employee may be suspended, disciplined or discharged at the discretion of Yhe Employer, and without recourse to the grievance procedure. The probation period will exclude any unpaid leaves of absence when calculating time toward complefion of any probationary period. 152. Promotiortal Probation. An employee newly promoted to a position covered by this Agreement shali remain on promotional probation for a period of six (6) months. At any time d�ring this probationary period, the employee may be retumed to ihe employee's previous position or to a position to which the employee may have been transferred or assigned prior to the promotion, at the discretion of the Employer, and without recourse to the grievance procedure. ARTICLE 76. DlSCIPLINE 16.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c} Suspension; d) Reduction; e) Discharge. 16.2 Employees and the Union wil! receive copies of written reprimands and notices of suspension and discharge. 76.3 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation fo his/her supervisor regarding proposed discipline. The supervisor will then offer to meet with the empioyee prior to making a final determinaiion of the proposed discipiine. The employee shall have the opportunity to have union representation present and be provided the opportunify to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee will be given ihe opportunity to respond in writing. �6.4 Employees who are suspended, demoted or discharged refain ali rights under Minnesota Statute §179A.20, Subdivision 4, and thereby have the right to request that such actions be considered a"grievance° for the purpose of processing through the provisions of Article 16 {Grievance Procedures). Oral reprimands shaU not be subject Yo the grievance review procedures. � • � 12 Cb-�to35 � ART{CLE 17. GRIEVANCE PROCEDURES 17.� The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance represerrtalive of the bargaining unit. The Union shaii notify the Employer in writing of the names of the stewards and of their successors when so named. 172 It is recognized and accepted by the Employer and the Union ihat the processing of grievances as hereinafter provided is iimited by the job duties and responsibilities of the employees and shall theretore be accomplished during working hours oniy when consistent with such employee duties and responsibiiities. The Steward invoived and a grieving empioyee shali suffer no toss in pay when a grievance is processed during working hours, provided the Steward and the employee have notrfied and received the � approvaf of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 17.3 The procedure estabiished by this Article shafi be the sole and exciusive procedure, except tor the appeal of disciplinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged vioiation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Steo'I Upon the occurrence of an affeged violation of this Agreement, the empioyee invoived shall attempt to resolve the matter on an informai basis with the employee's supervisor. If the matter is not resolved to the employee's • satisfaction by the informal discussion, i1 may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief req�ested. Any alleged violation of the Agreement not reduced to writing by the Union within ten (10) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonabie diligence shoufd have had knowiedge of ihe first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2 Within ten (10) calendar days after seceiving the written grievance, a designated Employer Supervisor shaff ineet 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 writ+ng to the Union wfthin five (5} calendar days Sof4owing this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) caiendar days foliowing receipt oE the Employe�s answer shaii be considered waived. Steo 3 Within ten (10) calendar days following receipt of a grievance referred Srom Step 2, a designated Empioyer Supervisor shaii meet with the Union Business Ma�ager or the designated representative and attempt to resolve the grievance. W ithin ten (14) calendar days foliowing this meeting, the Employer shail reply in writing to the Union stating the Employer's answer concerning the grievance. ff, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Un+on to Step 4 within ten (10) cafendar days foilowing receipt ot the Employer's answer shall be considered waived. LJ 13 ARTICIE 17. GRIEVANCE PROCEQURES (continued): Step 4 If the grievance remains unresolved, the Union may within ten (10)-calendar days after the response of the Emptoyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shali be conducted by an arbitrator to be selecied by mutua! agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the 8ureau of Mediation Services to submit a panet of five (5} arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panet. The Union shaii strike the firsi name; the Employer shall then strike one (i) name. The process will be repeated and the remaining person shall be the arbifrator. 17.4 The arbitrator shall have no right to amend, modity, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide on(y the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the apptication 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 arbftrator shall be final and binding on the Employer, the Union, and the employees. 'l7.5 The tees and expenses for the arbitrato�'s services and proceedings shall be bome equaliy by the Employer and the Union, provided that each party shall 6e 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 recard. 17.6 The time limits in each step of this procedure may be eutended by mutual agreement of the Employer and the Union. 17.7 For the purpose ot this severance pay program, a transfer from independent School Distr+ct No. 625 employment to City of Saint Paut employment is not considered a separation of employment, but such transferee shali not be eligibie for this severance program. 17.8 it is understood by the Union and the Empfoyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Givi! Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure, it shai( not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules, B shaii not again be submitted for arbitration under this grievance procedure. � � u . �4 00-1035 � ARTICLE 18. SEVERANGE PAY 18.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall 6e made within the tax year of the retirement as described in Business Qffice Rules. '182 To 6e eligi6le for the severance pay program, the employee must meet the following requirements: 182.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" provisions af the Pubiic Employees Retirement Association (PERA). 18.2.2 The empioyee must be voluntariiy separated from Schooi District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficfency, incompetency or any other disciplinary reason are not eligible for ihis severance pay program. 18.3 If an empioyee requests severance pay and if the employee meets the efigibifity requirements set forth above, he or she will be granted severance pay in an amount equal to $65 pay for each day of accrued, unused sick feave, up to two hundred thirty-one (231) days. 18.4 The maximum amount of money that a�y employee may obtain through this severance pay program is $15,000. � 18.5 For the purpose of this severance pay program, a death of an empioyee shall be considered as separation of employment and, if the empfoyee woufd 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 sQouse. 18.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 empioyment to City of Saint Paul employment is not considered a separation of employment, and such transferee shali not be eligib{e for this severance program. ARTICLE 19. WAGE SCHEDULE 19.1 The wage schedule for purposes of this contract shali be Appendix A, attached hereto. l� i9.2 The Vehicle Mechanic Leadworker rate will be no less than 25¢ per hour higher than the Vehicle Mechanic rate. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-c'Qwns, stay-ins, or other concerted interferences with the Employer's bus+ness or affairs by any of the said Union and/or the members thereot, and there shaff be no banneri-s during the existence of this Agreemeni without fiirst using ali possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liabie for discipiinary action. 15 ARTICLE 21. SICK LEAVE 21.1 Sick Leave. Sick leave stiall accumulate at the rate of .0576 of a working ho�r for each full hour on the payroll, exciuding overtime. Sick leave accumulation is uniimited. To be eligi6le for sick teave, the employee must report to his/her supervisor no iater than one-haif hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to ihe terms and provisions of fhis Agreement. Any empioyee who has accumulated sick ieave as provided above shall be granted {eave with pay, for such period of time as the head of the department deems necessary for the foilowing specified a!lowable uses: 21.2 Personal Iilness. Employees may use accumulated sick leave tor hours off due to personal illness. The employee may be required to furnish a medical certificate from a qual'rfied physician as evidence of illness or physical disability in order to qualify for paid sick leave as per District practice. Accumulated sick leave may also be granted tor such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc. 21.2.7 Familv Illness. Employees may use accumulated sick leave for hours oH due to sudden sickness or disability of a parent or a member of hislher household or to make arrangements for the care of such sick or disab(ed persons up to a maximum of eight (8) hours sick leave per incident. Up to forty (40) hours of accumulated sick leave may be used in a work year to allow the emptoyee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These hours, when used, are deducied from sick leave. 21.22 Sick Child Care Leave. Sick feave to care for a sick child sha�l be granted on the same terms as The employee is able to use sick leave for the employee's own iilness. This leave shall only be granted pursuant to Minnesota Statute §181.9413 and shall remain avaitable as provided in the Statute. 212.3 8ereavement Leave. A leave ot absence with pay, not to exceed five (5) days, shaf( be granted because of the death of a� employee's spouse or chiid. 21.2.3.1 Up to three (3) days shall be granted because of death of other members of the employee's immediate family. Other members of the immediate family shall mean father, mother, sister, brother, parent-in-law, son-in-law or daughter-in-law, 21.2.32 Leave of absence for one (1) day shall be granted because of death of other close relatives. Other cbse relatives shall mean grandparent, uncle, auni, nephew, niece, brother-in-law, and sister-in-law. 212.3.3 A"day' for this purpose shall be equivalent to the regularly assigned workday of the employee, and such leave shat! be deducted from accumulated sick leave. 21.2.4 Up to fifteen (15) days of accumulated sick leave may be used in a contract year to attend to adoption procedures or care for a newly adopted chitd. Use of these fifteen (15) days does not need to occur consecutively. 21.3 Sick Leavs �Nith Pav. During any period in which an employee is absent from work on sick leave with pay, the employee shali not be employed or engaged in any occupation for compen�°::;on outside of hislher regular employment with fndependent School District No. 625. V�olation of tfie provision of this paragraph by any emp(oyee shall be grounds for suspension or discharge. �6 u � • . � ARTICLE 22. PARENTAL LEAVE 22.1 Parental Leave is a leave without pay or benefits that shall be granted upon request subject to the provisions of this Section. it may be granted for reasons of adoption or pregnancy and/or the need to provide parenial care for a child or children of the employee for an extended period ofi time immediately foilowing adoption or the conclusion of pregnancy; such period of leave shall 6e no longer than one (1) calendar year in length. leave up to six (6) calendar months shall be granted upon request. Leave for more than six {6) cafendar months is at the discretion of the empioyer. 22.2 in case of pregnancy, an empioyee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of earned sick leave; however, sick Ieave shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of Independent School District No. 625 not later than twelve (12) weeks in advance of the anticipated date of defivery. 'fhe empioyee will be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 22.3 in the case of adoption, the employee shali submit a written application to the Director of Human Resources of Independent School District No. 625, including the anticipated date of placement of the child and at least twetve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 22.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shali be placed, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave � or, if necessary, in an equivalent position. 22.5 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the employee will be placed in an equivafent position after the scheduied date of return as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title that exists, has no certified incumbent, which is to be filled, and for which no other person has rights. ARTICLE 23. FAM�LY MEDICAL LEAVE 23.1 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. 7he Humar, Resource Department provides procedures. � c�-,� 35 17