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274653 wMiTe - cirr c�eRK COUIIC11 �� PINK ' - FINANCE GITY OF SAINT PAUL �V CANARV - DEPARTMENT BLUE - MAVOR File � NO. ouncil Resolution Presented By � Referred To � Committee: Date Out of Committee By Date RESOLVED, That the Council of the City of Sai.nt Paul hereby approves and ratifies the attached Collective Bargaining Contracts between the Independent School District No. 625 and Council 91, Local 844, A. F. S. C. M. E. , and between the Independent School District No. 625 and Council 91, Local 1842, A. F. S. C. M. E. , for the p�riod January 1, 1980, to December 31, 1981. With the exception of Article XXI "Residence" in the Collective Bargaining Contract with Local 844, and Article XXII "Residence" in the Collective Bargaining Contract with Local 1842. Approved: Chairman Civil Service Com 'ssion COUNCILMEN Requested by Department of: Yeas (y�CMAHON Nays ,�. .g"+= PERSONNEL OFF CE � In Favor Hunt Levine � __ Against BY Maddox Showalter � APR i 1980 Form proved b tor Adopted by Council: Date � Certified sse by oun ' Secretary BY By .APR 3 �980 Approv Mayor for Su ion to Council Flp r v by Mavor: Date '`1 1`i� B BY �USHED APR 1 � 1980 Dc nvt defiach this memorandut� tro� '�e " � ' } , . � � resolutaon so that this inform�tiort wtl� be : � av�ttab�e to the.City Council.� ` �� EBP�AN�TI4H OF AUMxNIST�ATTVE,.ORDE'RS . , RE3EfLt1'PTOP�S, Al�fl RDINANCES ,..._.,._..._.... , , . �, Date: March 13, 1q80 g�cE � v�:� � �tAR 1 9 t980� ,� TO s MAYOR GSORG$ LAT�R �� . , FR: P�r+�oastel Of f ice RE: Rea+a�ution far submissio� to Cf-ty Couacil � , , ' . �. ACTION REQUEST� '�k" �.__._-- , E We recom�nd your approval and subm�.�sion of this Reao3ution Co ttte C�:ty'Ccunci�,• � . � _ ;,.,F; pURpt)8$.�,A�D RAxIONALE �OR THIS ACTIf}N: . - ' �tis Resalestic�n apgroves the 19$0-1981 Contracts between �e �depen�e�# .�,>; 'Schooi Dist�c� No. 625 and the AF5CME Council 91, Locals' 844 s�s� 1��2 -, , �Clerical and Techn�e,al.). The Agreements are esseai�lr'a�}.�,y`'f�e sa=ne �es�ir�.se . -� '. resched bet�waen the City of Saint Pavl and Locals 250$ and 1$42. , ` 'I'he �Agreetn�mt wxth Local 844 provides for an 6% or �i.4A �e� ho�t�c '��t3�,s�y � ; iacrease for 1980, and a ?. 5% salary iacrease for 1q81 for-�e�.G�,at�J:�ak1 � ' ez�ployees. T��e Technical emplayees represeated by Local' i�42 vt+�1a. ` : � receive wage i�reases of 8% a�d 7.5% for 1980 and 1981 reegecti.vely. � ' „ �: ]3arua this �vva- ear eriod the em lo er w�.11 a all cosfis:Q�`�e �eat�� " � S Y P � P Y P Y P� �. ineurance prexriiurns as well ae a11 coste of the �mpl�yecs' ins�.ra��e'�ia��s�,;, , ; Thia applaes to �oth cantracts. '` The Grievance Procedure for diacxpline xnatters ir� botli ct��ract$ is �+�d allo�ri�ag an A�b'itrator to hear rnatters dea�.ing �i�h �suspaa��t�lt�1 d��,�i�l�.�,; � Thes� �coatracts state that tha Board of Educati�►a��es not ha� a_`te�s�� ` � reqvGiremsnt for its employees, and the mileag�e reiarribur�esn:en�k �ar ��ea . ; covere�d by these contracts is specified wherea� Cit� milb�ga ��r�bu�ae�e�� ,;a wil], lie detcrmined at a later date. ' Benefits will be provided for probatios�ry em�L�r,�ee of 1�te Schoo�.'� A��; District oa the same basis as provided by tke Ci'�p �� gr,ob�►$io�t.sy�' '` ""�"' employee s. ``C: , Rceolut3oa a�►d copy for the City Cierk - alao copy of coxr,tracta. � _ ;�- , 1 ti, ��s�� 1980--1981 AGREEMIIvT BETWEEN INDEPENDENT SCHOOL DISTRICT h0. 625 AND LOCAL UNION 1842, DISTRICT COUNCIL 91, OF TF.E AMERICAI�? FIDIItATION OF STATE, COUNTY AND 1�NNICIPAL II�LOYEES, AFL-CIO �-`... \ • t , II3DEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Check Off 3 III Hours of Work 4 IV Work Breaks 5 V Rolidays 6 VI Grievance Procedures � VII Mileage-Independent School District No. 625 11 VIII Vacation 12 IX Insurance 13 X Working Out of Classification 15 RI Seniority 16 XII Employee Records 17 RIII Bulletin Boards _ lg XIV Wages 19 RV Maintenance of Standards 20 XVI Leaves of Absence 21 XVII Military Leave of Absence 23 XVIII Management Rights 24 XIX Discipline 25 XX Vacancies 26 7IXI Legal Services 2� �II Residency _ 28 7�III Terms of Agreement 29 Appendix A � A1 ii � . P R E A M B L E This AGREF.�IENT entered into by the Independent School District No. 625, hereinafter referred to as the E1�LOYER, and Local UNION 1842, affiliated with Council 91, and the American Federation of State, County and Municipal Employees, AFL-CIO, hereinafter referred to as the UNION, has as its purpose the promotion of harmonious relations between the EMPLOYER and the UNION, the establishment of rates of pay, hours of work, and other conditions of � employment. \.. -� ( � iii � ARTICLE I - RECOGNITION 1.1 The E�IPLOYER recognizes the L'�IION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employ-ment for all of its enployees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated July 12, 1973, in Case No. 74-PR-7-A and as amended and as set forth in Section 1.2 below. 1.2 The bargaining unit covered by this AGRE�IENT shall consist of the following: All regular and probationary technical personnel who are employed by the City of Saint Paul or who have their "terms and conditions of employment" establisred by the governing body of the City of St. Paul in the classifications of: Accounting Clerk III Engineering Aide I ' ' Accounting Clerk(Vocational Engineering Aide II Institute) Engineering Draftsaan I Accounting Technician I Engineering Draftsman II Accounting Technician II Engineering Inspector Accounting Technician III Field Representative--Human Rights Dept. Administrative Aide--Community General Library Assistant Services Graphic Arts Technician--City Planning Affirmative Action Investigator Housing Aide I Affirmative Action Officer-- Housing Aide II Departmertt of Human Rights Affirmative Action Technician � Housing Technician I Air Pollution Technician I . Housing Technician II Air Pollution Technician �I Instructor of Arts and Crafts Architectural Draftsman I Instrvmentman ' Architectural Draftsman II Laboratory Technician _` �� Assessment Clerk II Library Assistant , Assistant. Supervisor of Assessments License Investigator Child Development Technician Model Cities Technician I Clinic Nurse Model Cities Technician II Community Organizer Personnel Technician-Model Cities Dental Assistant Nutrition Assistant Dental Hygienist � Occupational Therapy Assistant Deputy License Inspector I Physical Therapist Assistant Deputy License Inspector II Plan Examiner--Public Buildings E.D.P. Program Analyst Planning Aide I - 1 - _ { ARTICLE I - RECOGNITION (continued) planning Aide II Staff Coordinator Planning Assistant I Supervising Dental Hygienist Planning Assistant II Supervisor of Assessment Accounts Planning Technician I Surveyor I Planning Technician II Testing Laboratory Aide I Police Artist Testing Laboratory Aide IZ Practical Nurse Testing Laboratory Technician I Programming Manager Testing Laboratory Technician II Public Address Operator Traffic Engineering Aide II � Public Buildings Technician II Traffic Technician I � i Public BuiYdings Technician III Traffic Technician II Public Information Technician Traffic Technician III � Public Works Technician I Utilities Investigator I Public Works Technician II Utilities Investigator II Public Works Technician III Valuation and Assessment Aide I ' Recreation Leader Valuation and Assessment Aide II � Recreation Leader II Valuation and Assessment Technician I � i Recreation Leader III Valuation and Assessment Technician II ? Safety and Health Technician Valuation and Assessment Technician III t Sanitarian Aide I Valuation Technician � ! Sanitarian Aide II Water Department Technician I � Sanitation Inspector I Water Department Technician II � Sanitation Inspector II Water'Department Technician III � Senior R-ray Technician Water Laboratory Aide ! Special Student Attendant X-Ray Technician 1 1.3 Any present or future employee who is not a UNION member shall be required i to contribute a fair share fee for services rendered by the UNION, and upon ° notification by the UNION, the EMPLOYER shall check off said fee from the ' 1 earnings of the employee and transmit the same to the UNION. In no instance ! shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision � i shall remain operative only .so long as specifically provided by Minnesota � law, and as otherwise legal. ' 1.4 The �TNION agrees to indemnify and hold the II�LOYER harmless against any and all claims, suits, orders or �udgments brought or issued against the II�LOYER as a result of any action taken or not taken by the II�LOYER under the provisions of Section 1.3 of this Article. - 2 - _ , ARTICLE II - CHECK OFF 2.1 The �LOYER agrees to deduct the UNION meiabership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the II�LOYER harmless ' against aay and all claims, suits, orders or judgments brought or issued against the II�LOYER as a result of any action taken or not taken by the II��LOYER under the provisions of this Article. �� - 3 - ARTICLE III - HOURS OF WORK 3.1 The normal work day shall be seven and three/fourths (7-3/4) consecutive hours per day, excluding a forty-five (45) minute lunch period, 15 (fifteen) minutes of which shall be paid. 3.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38-3/4) hours per wee'�c. 3.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per nozmal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this Ar- � � ticle shall be "overtime work" and shall be done only.by order of the head of the department. 3.6 All employees in this bargaining unit shall be recoapensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half basis or b} being paid on a Eime and one-half basis for such overtime work. The overtiae rate of one and one-half shall be computed on the basis of T/80th of the bi-weekly rate. , 3.7 Normal work schedule showing the employee's shifts, work days and hours shall be posted on all department bulletin boards at all times. It is also under- --�. �� stood that deviation from posted work schedules shall be permissible due to emergencies, acts of God, and overtime may be required. . . - 4 - _ ARTICLE IV - WORK BREAI:S 4.1 Rest Periods. All employees work schedules shall provide for a fifteen (15) minute rest period during each one-half shift. �e rest period shall be sched- uled by managersent at approximately the middle of each one-half shift whenever this is feasible. . 4.2 If an employee is scheduled to work a full half shift beyond his regular quit- ting time, he shall be entitled to the rest period that occurs during said half shif t. -\. � � -5- ' ARTICLE V - YOLIDAYS 5.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Years Day Coltnebus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day , Independence Day Christmas Day Labor Day 1t.�o floating holidays Eligible employees shall receive pay for each of the holidays listed above, on whicli they perfotm no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. When- ever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a � work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, subject to approval of the Department Head of any . enployee. 5.3 E�igibility Bequirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days o£ the nine . working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working �� days of the nine working days preceding the holiday. In neither case shall �the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employee not heretofore "eligible shall receive holiday pay. 5.4 In the case of Board of Education enployees, if President's Day, Columbus Day or Veterans' Day fall on a day when school is in session, the employee shall work that day at straight tine and another day shall be designated as the holi- _ day. This designated holiday shall be a day on which school is not in session . � and shall be determined by agreement bet�,•een the e�ployee and the sup�rvisor. - 6 - ARTICLE VI - GRIEVANCE PROCEDURES 6.1 The EMPLOYER shall recognize stewards selected in accordance kith L'NION rules and regulations as the grievance representatives of the bargaining unit. The UNION shall notify the II`iPLOYER in writing of the na�es of the stewards and of their su�cessors when so named. 6.2 It is recognized and accepted by the II�PLOYER and the UNION that the processing of grievances as hereinafter provided is limited by the job duties and respon- sibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of the supervisor to be ab- sent to process a grievance and that such absence would not be detrimental to the work programs of the II�LOYER. 6.3 The procedure established by this Article shall be the sole and exclusive pro- • cedure, except for the appeal of disciplinary action as provided by Article XX for the processing of grievance, which are defined as an alleged violation of the terms and conditions of this AGREIIrIENT. t 6.4 Grievance shall be resolved in conformance with the following procedure: ? . �; Step l. Upon the occurrence of an alleged violation of this ��. AGREF�IENT, the employee invol�ed with or without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the natter is not resolved to the employee's satisfaction by the informal discussion it may be � I reduced to writing and referred to Step 2 by the UNION.. The � , written grievance shall set forth the nature of the grievance, j 1 � the facts on which it is based, the alleged section(s) of the � ? and the relief re uested. Any alleged � AGREEMEI`T violated, . q - 7 - - ' ARTICLE VI - GRIEVAIrCE PROCEDURES (continued) violation of the AGREEMEh'T not reduced to writing by the UNION within seven (7) work days of the first occurrence of the event giving rise to the grievance, shall be considered watved. Step 2. Within seven (7) work days after receiving the written grievance a designated EMPLOYER supervisor shall meet with the UNIOh Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unsolved, the II�LOYER shall reply in writing to the UNION within three (3) work days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days following receipt of the II�LOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days following receipt of the EN�LOYER'S answer shall be considered waived. Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2 a designated II�LOYER supervisor shall meet with the UNION Business Manager or his designated representative, the employee and the steward and attempt to resolve the grievance. Within seven (7) work days following this meeting the II�LOYER shall reply in writing to the UNION stating the E[�LOYER'S answer concerning the ,,,\ grievance. If, as a result of the written response the grievance remains unsolved, the UNION may refer the grievance to Step 4. Any - grievance not referred to in writing by the UNION to Step 4 within seven (7) work days following receipt of the �LOYER'S answer shall be considered waived. Step 4. If the grievance remains unresolved, the UNION may within seven (7) work days after the response of the Er'�LOYER in Step 3 by written notice to the EMPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by - - 8 - - . ARTICLE VI - GRIEVANCE PROCEDURES (continued) an arbitrator to be selected by nutual agreement of the E�ff'LOYER and the UNION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employ- ment Relation Board to submit a panel of five (5) arbitrators. Both the II�LOYER and the U2dI0Pl shall have the right to strike two (2) names from the panel. The WION shall strike the first ,(lst) name; the EMPLOYIIt shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the II�LOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying .or varying in any way the application �of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing of the sub�ission 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 tere�s of this AGREII�tEP1T and to the facts of the grievance presented. The decision of the arbitrator shall be final and -binding on the E�IPLOYER:, the UATION, and the employees. � - 9 - . � ARTICLE VI - GRIEVAICCE PROCEDURES (continued) 6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the II�IPLOYER and the UNIOti, provided that each party shall be responsible for co�npensating its ow�n representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. � 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the F.I�LOYER and the UNION. 6.8 It is understood by the UNION and the F.t�'LOYER that a grievance may be determined by either the grievance procedure of this coptract or by the . provisions of the Civil Service Rules of the City of Saint Paul. If an issued is determined by this grievance procedure it shall not again be submitted for arbitration under the Civil Service Rules. If an issue � is determined by the provisions of the Civil Service Rules it shall not f again be submitted for arbitration under this grievance procedure. � _\ I - 10 - ' ARTICLE VII - MILFAGE-INDEPEA'D�TT SCHOOL DISTRICT N0. 625 7.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the following plan: PLAN "A" is reimbursed at the rate of 19� per nile. In addition, a maximum amount which can be paid per month is _ established by an estimate furnished by the employee and the e�ployee's supervisor. Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. - Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month 1� ump sum" amount. This amount is determined by the employee's driving experience under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from� the lump sum amount for each day the elnployee is on vacation. A deduction need not be made for an occasional day. of illness or for holidays. - 11 - � � ARTICLE VIII - VACATION 8.1 In each calendar year, each full-tia.e employee shall be granted vacation ac- cording to the following schedule: Years of Service Vacation Granted 0 thru 4 years 10 days Sth year thru the 9th year 15 days .lOth year thru the lSth year 17 days 16th year thru the 23rd year 21 days 24th year and thereafter 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 8.2 The head of the department may permit an employee to carry over into the fol- lowing year up to ten days vacation. 8.3 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. - 8.4 Employees formerly with the H.R.A. have been granted an exception to � the ten day carry over clause, from 1978 to 1980 only. That is, former H.R.A. esployees can carry over a maximum of thirty-two (32) `� days from 1978 to 1979, twenty-one days from 1979 to 1980, and ten days from 1980 to 1981. - 12 - � ARTICLE IX - INSL'RANCE 9.1 The II�iPLOYER will continue for the period of this AGREEMETZT to provide for employees such health and life insurance benefits as are provided by II�iPLOYER at the time of execution of this AGREII�f�+T. 9.2 The EMPLOYER will for the period of this AGREFr�1Et1T provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the FtIPLOYER for such employees. 9.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 9.31 Be receiving benefits from a public employee retiree act at the time of retirement. 9.32 Have severed his relationship with the City of Saiat Paul under one of the early retiree plans. 9.4 For each eligible employee covered by this AGREEM�dT who selects Blue Cross- Blue Shield insurance coverage, the FMPLOYER agrees to contribute the cost of such coverage or $39. 14 per month, whichever is less. In addition, for each eligible employee who selects Blue Cross-Blue Shield dependent's coverage, the E[�LOYER will contribute the cost of such dependent's coverage or $90.66 per month, whichever is less. . 9.5 For each eligible employee covered by this AGREEAfENT who selects Group Health insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $36.42 per month, whichever is less. In addition, for each eligible employee who selects Group Health dependent's coverage, the F1�IPT.OYER wi11 contribute the cost of such dependent's coverage or $69.73 per month, whichever is less. 9.6 For each eligible employee covered by this AGREEME23T who selects Coordinated Health Care, the EMPLOYER agrees to contribute the cost of such coverage or $42.25 per month, whichever is less. In addition, for each eligible employee who selects Coordinated Health Care dependent coverage, the II�iPLOYER will contribute the cost of such dependent's coverage or $77.25 per month, whichever is less. - 13 - ARTICLE IX - INSURANCE (continued) 9.7 The IIKPLOYER agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is eligible for such coverage or $2.34 . per month, whichever amount is less. 9.8 Effective January 1, 1981, the figures in Article 9.4, 9.5, 9.6 and 9.7 above will be ad�usted in dollars to reflect the cost of the 1981 premium rates for the respective coverages. 9.9 The contributions indicat2d in 9.4, 9.5, 9.6 and 9.7 shall be paid to the II�LOYER'S group health and welfare plan. - 14 - ARTICLE X - �dORKING OUT OF CLASSIFICATION 10.1 �iPLOYER shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee � workir.g an out-of-class assignment for a period in excess of fifteen (15) consecutive working days during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position; and which is in a classification higher than the , classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. _.` .� - 15 - . � . . _ �,. ARTICLE XI - SEI`'IORITY 11.1 Seniority, for the purpose of this AGRE��fE�IT, shall be defined as follows: The length of continuous, regular an� probationary service with the Il�:PLOYER from the date an employee was first certified and appointed to a class title covered by this AGREE.*fENT, it being further understood that seniority is con- fined to the current class assignident held by an e�ployee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 11.2 Seniority shall terminate when an employee retires, resigns, or is discharged. �1.3 In th� event it is determined by the II�IPLOYER that it is necessary to reduce the work force, employees will be laid off by class title within each depart- ment based on inverse length of seniority as defined above. 11.4 In cases where there are promotional series, such as Technician I, II, III, etc. , when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are .in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any -�: department. .,\` 11.5 It is understood that such employees will pick up their former seniority date � in any class of positions that they previously held. � 11.6 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. r� - 16 - - ARTICLE XII - F�IPLOYEE RECORDS 12.1 Any written reprimand made concerning any member of this Bargaining Unit which is filed with the Personnel Office or within any department, shall be show-n to the member before it is placed on file. Before the reprimand is placed on file, the �LOYER shall request from the employee an acknowledgment, in writing, that the reprinand had been read by said employee. 12.2 Any member of the bargaining unit, may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's per- sonnel file, after first giving proper notice to the supervisor in custody of such file. - 12.3 Any member of the bargaining unit may file a grievance or a discrinination cotnplaint and there shall be no retaliation by the II�LOYER for such action. \ � - 17 - ARTICLE XIII - BLZLETIN BOARDS 13:1 The EMPLOYER shall provide reasonable bulletin space for use by the UNION in posting notices of UNIOI3 business and activities, said bulletin board space shall not be used by the L'NIO� for political purposes other than iRvION elections. Use of this bulletin board is subject to approval of the department head. u . �,� r _ 18 _ ARTICLE XIV - k'AGES 14.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifi- cations and salary ranges in Appendix "A" does not preclude the employer from the following: 14.11 Reorgar.izing 14.12 Abolishing classifications 14.13 Establishing new classifications 14.14 Regrading classifications 14.15 Reclassifying positions Both parties also agree that titles and grades in Appendix "A" refer to employees in the positions at the date of signing of the agreement. A'o . employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place. 1k.2 Notwithstanding section 14.1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees � and City employees who receive different pension benefits. _\ .� - 19 - M ARTICLE XV - *�IAIr'TENAI3CE OF STAIr'DARDS � 15.1 The parties agree that all conditions of employment relating to wages, I hours of work, overtiiae differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimun standard set forth in the Civil Service Rules of tr.e City of Saint Paul (Resolution No. 3250) and the Salary Ordinance of the City t of Saint Paul (Resolution No. 6446) at the time of the signing of this AGREEMENT, and the conditions of employnent shall be improved wherever specific provisions for improveaent are made elsewhere in this AGREEMENT. �� - 20 - - � ARTICLE XVI - LEAVES OF ABSEP3CE 16.1 Leave of Absence. Af ter three month's employment, an employee may make appli- cation for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 16.2 Sick Leave. Sick Leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accimmulation is unlimited. To be eligible for sick leave the employee must report to his supervisor no later than one-half hour past his regular scheduled starting tine. The granting of sick leave shall be subject to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. ' 16.3 Any employee who has acctanulated sick leave .credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine "° established and declared by the Bureau of �?ealth, death of the employee's mother, father, spouse, child, biother, sister, mother-in-law, father-in-law, or other person who is a member of �the household; and may be granted leave with pay for such time as is actually necessarq for office visits to a doctor, dentist, optometrist, etc. , or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or , disabled persons up to a maximum of four hours sick leave. j � 16.4 Leave Without Pay. Any eaployee who enga�es in active service in time of war or � other emergency declared by proper authority of any of the military or naval � forces of the State or of the United. States for which leave is not otherwise al- q 3 lowed by law shall be entitled to leave of absence from employment without pay 1 ; during such service with right of reinstateinent and subject to such conditions as � . i are imposed by law. Such leaves of absence as are granted under Article YVII � � i - 21 - ARTICLE XVI - LEAVES OF ABSENCE (CONTINL`ID) shall conform to Minnesota Statutes Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. 16.5 Jury Duty. Any employee who is required during his regular working hours to appear in court as a juror or witness except in his own behalf against the II��LOYER, shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the II�iPLOYER and be deposited with the Employer Business Office. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a �uror or witness. 16.6 Education Leave. Leave with pay may be granted for education purposes at the optton of the employer. 16.7 Funeral Leave. Any employee who has accumulated sick leave credits, as provided in the Civi1 Service Rules, shall be granted one day of such ieave to attend the funeral of the employee's grandparent or grandchild. 16.$ An employee elected or appointed to a full time paid position by the exclusive representative may be granted a leave of absence, without pay for not more than one year for the purpose of conducting the duties of the exclusive representative. 16.9 Maternity Leave. Diaternity is defined as the physical state of pregnancy of an employee, co�mencing eight (8) months before the estimated date of childbirth, as. determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at tts option, and such leade may be no longer than � one (1) year. . - 22 - ARTICLE XVII - MILITARY LEAVE OF ABSENCE 17.1 Pay Allowance. Any employee who shall be a me�ber of the h'ational Guard, the r'aval Militia or any other component of the militia of the state, now or here- after organized or constituted under state or federal law, or who shall be a member of the Officer's. Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence fram employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and further provided that such leave shall be allowed onl� in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so�returning by physical or mental disability or other cause not due to such Enployee's own fault, or (3) �\ is required by proper authority to continue ia such military or naval service � beyond the time herein limited for such leave. y 1 - 23 - _ ARTICLE XVIII - MANAGE�IENT RIGETS 18.1 The UNION reco�nizes the right of the II�:PLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the II�LOYER has not officially abridged, delegated or modified by this AGREEMENT are retained .by the- F1�iPL0YER. 18.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of dis- cretion or policy as the functions and programs of the enployer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ' - 24 - ARTICLE XIX - DISCIPLINE 19.1 The II�LOYER will discipline employees for just cause only. Discipline will be in the form of: 19.11 Oral reprimand; 19.12 Written reprimand; 19.13 Suspension; 19.14 Reduction; � 19.15 Discharge. 19.2 Suspensions, reductions and discharges will be in written form. 19.3 Employees and the UIJION will receive copies of written reprimands and notices of suspension and discharge. 19.4 Employees may examine all information in their II��.OYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be exa�ined at reasonable times under the direct supervision of the EMPLOYER. 19.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the II�LOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the II�LOYER may affirm the suspension and discharge in accordance with Personnel.Rules or may modify, or withdraw same. � 19.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to xequest that a UNION representative be present. � 19.7 Grievance relating to this Article shall be processed in accordance with exist- ing Civil Service procedures or at the option of the employee may be taken up in the grievance procedure under Article VI. If an issue is determined by the grievance procedure it shall not again be subaitted for arbitration under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under the grievance procedure. � - 25 - ARTICLE �C - VACAIVCIF.S 20.1 The Personnel Office will inform all departments that the department's time- keeper shall post notices of all job vacancies in their department at least five days before submitting a requisition to the Personnel Office. ., _\. \ - 26 - ARTICLE �IXI - LEGAL SERVICES 21.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the employer shall defend save harmless and inde�nify employee against tort claim or demand whether groundless or othenaise arising out of alleged acts or omission occuring in the performance or scope of the employee�s duties. � - 27 - � ARTICLE XXII - RESIDENCY 22. 1 The Board of Education has no residency requirement governing School District employees. - 28 - ARTICLB XXIII - TERI�IS OF AGREEMIIIT 23.1 Complete Agreement and ��aiver of Bargaining. This AGREE`�IEiJT shall represent the complete AGP.EEMENT between the UidION and the E"IPLOYER. The parties acknowledge that during the negotiations which resulted in this AGREEMENT, each had the unlimited right and opportunity to make requests and proposals with re- spect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the ea�ercise of that right and opportunity are set forth in this AGREEMFNT. Therefore, the F�iPLOYER and the iThIO*i, for the life of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with t : respect to any sub�ect or matter referred to or covered in this AGREEMENT. ? � t 23.2 Savings Clause. This AGREIIrIENT is sub�ect to the laws of the United States, the � ! � : State of Minnesota, and the City of Saint Paul. In the event any provision of � � this AGREEMENT shall hold to be contrary to law by a court of competent juris- i � 3 4 diction frotn whose final judgment or decree no appeal has been taken within i � E the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 23.3 Term of Agreement. This AGREEhI�JT shall be in full force and effect from da�mer� � ��9 , thru December 31, 1981, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1, that it desires to modify or terminate this AGREEhiENT. In witness i whereof, the parties have caused this AGREII�1E:dT to be executed this day of , 1980. - 29 - . - ARTICLE ?Q�III - TERMS OF AGREEME.iT (continued) ' 23.4 This constitutes. a tentative AGREE�fENT between the parties which will be recommended by the School Board Negotiator, but is subject to the approval of the School Board and is -also subject to ratification by the WION. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 LOCAL UNION 1842, DISTRICT COUNCIL 91 OF THE AMERICAN FIDERATION OF STATE, -- '� COUNTY AND MUNICIPAL II�LOYEES, AFL-CIO ...�%;' �' � � � BY: ' i��""JJ� BY: School Board Negotiator B sine e ese tive ( BY: BY: . Superintendent, ISD 625 i BY: BY: BY: � . BY: i . � < � , � ; , � � � � � . i , ; � _ 3p _ � � , � � p op t0 N O O O O� 3+ f� 00 oD O �O q . 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W 1 1 I I cl 1 Gl 't7 6 W W � �-+ � .� � N � � � - A7 - � ,; � -, � �F�� 1980 - 1981 � AGREEMENT BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625 , • AND LOCAL UNION 844 DIST'RICT COUNCIL 91 OF THE �MERICAN FEDERAT.ION OF STATE, , , COUNTY AND MUNICIPAL F�LOYEES, AFL-CIO � �, ^ Zh'DEX ARTICLE TITLE PAGE Preamble iii I Recognition 1 II Check Off 4 III Hours of Work 5 IV Work Breaks 6 V Holidays 7 VI . Employee Rights - Grievance Procedure 8 VII Mileage-Independent School District No. 625 12 VIII Vacation 13 IX Insurance 14 X Working Out of Classification 16 XI Employee Records 17 XII Bulletin Boards 18 XIII Wages 19 XIV Maintenance of Standards 20 XV Leaves of Absence 21 XVI Military Leave of Absence 24 XVII Management Rights 25 XVIII Seniority 26 XIX Discipline 27 XX Vacancies 28 XXI Residence 29 XXII Terms of Agreement 30 Appendix A A1 - ii - P R E A M B L E This AGREFSSENT entered into by Independent School District No. 625, hereinafter referred to as the II�LOYER, and Local Union 844 affiliated witfi Council 91 and the ,American Federation of State, County and :ylunicipal �mployees, ,AFL-CIO, hereinafter referred to as the UNIO�I, has as its purpose the promotion of harmonious relations between the E[�LOYER and tfie UNION, the establishment of an equitable and peaceful procedure for �tfie �xesolution o£ differences, and the establishment of rates of pay, fiours of work, and other conditions o£ employment. __\ �- - iii - � ARTICLE I - RECOGNITION 1.1 The EMPLOYER recognizes the UNION as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours and other conditions of employm.ent for aIl of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated July 12, 1973, in Case No. 74-PR-61-A and as amended and as set forth in Section 1.2 below. 1.2 The bargaining nnit covered by this AGREEMENT shall consist of the following: All regular and probationary office, clerical, and admin- istrative personnel who are employed by the City of St. Paul or who have • their "terms and conditions of employment" established by the governing body of the City of St. Paul in the classifications of: Accounting Clerk I Cashier II Accounting Clerk II Chief Meter Reader Accounting M�chine Operator I Clerical Supervisor Accounting Machine Operator II Clerk I Animal Control Supervisor Clerk II Assistant Mgr. of Park Refectories Clerk III Assistant Market Director Clerk-Stenographer I Assistant Recorder of Council Clerk-Stenographer II Proceedings Clerk-Stenographer III Assistant Supervisor of Elections Clerk-Z�pist I � Assistant Supervisor of Water Billing Clerk-Typist II ��• Auditing Clerk I Clerk-Typist III Bank Clerk Clinic Aide Bond Registrar Computer Qperator Building Permit Clerk Cost Clerk Buyer I Data Entry Operator I Buyer I (Medical Supplies) Data Entry Operator II Buyer II Data Entry Operator III Cashier--Civic Center Data Processing Aide Cashier I. Disbursement Auditing Supervisor - 1 - - ARTICLE I - RECOGNITION (continued) r pog Warden Payroll Supervisor (Schools) Duplicating Equipment Opr. Trainee Permit and License Clerk Duplicating Equipment Operator Personnel Clerk--Board of Education Duplicating Equipment Opr. Supv. Police Conmunications Clerk Duplicating Equipment Operator Police Community Officer (Health Bureau) Emergency Preparedness Supply Insp. Police Dispatcher Field Clerk I Police Records Clerk Field Clerk II Police Stenographer Field Clerk III Procurement Clerk Film Clerk Trainee Procurement Clerk--Aealth Services Film Clerk Property Clerk I Fire Service Aide Refectory Attendant Head Clerk--Public Buildings Refectory Helper Head Clerk--Water Department Refectory Manager Health Service Aide I Registration Clerk Health Service Aide II Secretary Information Systems Specialist Service Worker ; Inventory Control Supervisor Service Worker II ' Reypunch Operator Statistical Clerk Laboratory Helper Storehouse Nelper Landfill Caretaker Storekeeper I � Library Clerk Storekeeper I--Police License Clerk Storekeeper II Lighting Complaint Clerk Storekeeper (Food Service) Ma.rket Director Storekeeper (Voting Machines) Meter Reader Storekeeper--Water Department Office Supply Room Operator Stores Clerk Park Concession Manager Stores Clerk (School Cafeterias) Park Guide Supervisor of Meter Reading , Parking Lot Attendant II Supervisor of Water Billing Parking Meter Collector I Tabulating Machine Operator I Parking Meter Collector II Tabulating Ma.chine Operator II Parking Meter Monitor Telephone Operator �: Parking Ramp Attendant Transportation Assistant Parking Ramp Manager Transportation Coordinator I Parts Storekeeper Transportation Coordinator II Payroll Audit Clerk Zoo Keeper I Payroll Supervisor I Zoo Keeper II Payroll Supervisor II Trainee Payroll Supervisor III (Clerical) (Child Development) (Custodian-Engineer) (Storehouse) - 2 - ARTICLE I - RECOGNITION (continued) 1.3 Any present or future employee who is not a UNION member shall be required to contribute a fair share fee for services rendered by the UNION, and upon notification by the L'NION, the F,MPLOYER shall check off said fee from the earnings of the employee and transmit the same to the UNION. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The UNION agrees to indemnify and hold the EMPLOYER harmless against any and all claims, suits, orders or judgnents brought or issued against the II�iPLOYER as a result of any action taken or not taken by the EMPLOYER under the provisions of this Article I, Section 1.3. - 3 - ARTICLE II - CHECK OFF 2.1 The F1�fPL0YER agrees to deduct the UNION membership initiation fee assessments and once each month dues from the pay of those emplo;rees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the EMPLOYER by a representative of the UNION and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 2.2 The UNION agrees to indemnify and hold the E�iPLOYER harmless against any and aIZ claims, suits, orders or �udgments brought or issued against the II�IPLOYER as a result of any action taken or not taken by the �-iPLOYER under the provisions of this Article. �� - 4 - ARTICLE III - HOURS OF WORK 3.1 The normal work day shall be seven and three/fourths (7 3/4) consecutive hours per day, excluding a forty-five (45) ainute lunch period, 15 (fifteen) minutes af which shall be paid. 3.2 The normal work week shall be five (5) consecutive normal work days in any seven (7) day period. 3.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38 3/4) hours per week. 3.4 This� section shall not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 3.5 Time on the payroll in excess of the normal hours set forth above in this ; Article shall be "overtime work" and shall be done only by order of the head of the department. 3.6 All employees in this bargaining unit shall be recompensed for work done - in excess of the normal hours established above in this Article by heing granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtine rate of one and one-half shall be computed on the basis of 1j80th of the bi.-weekly rate. 3.7 Normal work schedules showing the employee's shifts, work days and hours sha11 be posted on all department bulletin boards at all times. It is � also understood that deviation from posted work schedules shall be per- ,_� �: missible due to emergencies, acts of God, and overtine may be required. - 5 - ARTICLE IV - ��)ORK BREAKS 4.1 Rest Periods. All employees work schedules shall provide for a fifteen minute rest period during each one-half shift. The rest period shall he scheduled by management at approximately the middle of each one-haZf shift ��henever this is feasible. 4.2 If an employee is scheduled to work a full half shift beyond his regular quitting time, he shall be entitled to the rest period that occurs during said�half shift. A \ .. �\ - 6 - ARTICLE V - HOLIDAYS 5.1 Holidays recognized and observed. The following days shall be recogniaed and observed as paid holidays: New Years Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Labor Day Ttao floating holidays Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 5.2 The floating holidays set forth in Section 5.1 above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. 5.3 Eligibility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary, emergency nor other employees not heretofore eligible shall receive holiday pay. 5.4 In the case of Board of Education employees, if President's Day, Columbus Day, or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. - 7 - ARTICLE VI - EMPLOYEE RIGHTS - GRIEVAIv'CE PROCEDURE 6.1 The EPiPLOYER shall recognize stewards selected in accordance with UPTION rules and regulations as the grievance representative of the bargaining unit. The UNION shall notify the EMPLOYER in writing of the names of the stewards and of their successors when so named. 6.2 It is recognized and accepted by the II�IPLOYER and the UNION that the pro- cessing of grievances as hereinafter provided is limited by the 3ob duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided, the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the EMPLOYER. 6.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article XX for the processing of grievances, which are defined as an alleged ' violation of the terms and conditions of this AGREEMEPdT. 6.4 Grievance shall be resolved in conformance with the following procedure: Step l. Upon the occurrence of an alleged violation of this AGREE�fiENT, the employee involved with or without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informaZ discussion it may be reduced to �ariting 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 - 8 - ARTYCLE - II�LOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) AGREEMENT violated, and relief requested. Any alleged violation of the AGREEMENT not reduced to writing by the UNION within (7) seven work days of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) work days after receiving the - � written grievance a designated F�ff'LOYER supervisor shall meet with the UNION Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the EMPLOYER shall reply in writing to the UNION within three (3) work days following this meeting. The UNION may refer the grievance in writing to Step 3 within seven (7) work days follow- ing receipt of the EMPLOYER'S written answer. Any grievance not referred in writing by the UNION within seven (7) work days following receipt of the EMPLOYER'S answer shall be considered waived. Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2 a designated E�IPLOYER supervisor shall meet with the UNION Business Manager or his designated representative, the Employee and the Steward and attempt to resolve the grievance. Within seven (7) work days following this maeting the II�LOYER shall reply in writing to the UNION stating the II�LOYER'S answer concerning the grievance. If, as a result of the written response the grievance remains unresolved, the UNION may refer the grievance to Step 4. Any grievance not referred in writing by the UNION. to Step 4 within seven (7) work days following receipt of the EMPLOYER'S ans�aer shall be considered waiyed. - 9 - ARTICLE VI - II�LOYEE RIGHTS - GRIEVANCE PROCEDL'RE (continued) Step 4. If the grievance remains unresolved, the UNION may within seven (7) work days after the response of the II�IPLOYER in Step 3, by written notice to the II�iPLOYER, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the IIKPLOYER and the UPIION within seven (7) work days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Public Employment Relations Board to submit a panel of five (5) arbitrators. Both the II�IPLOYER and tYce UNION shall have the right to strike two (2) names from the panel. The UNION shall strike the first (lst) name; the EMPLOYER shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 6.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this AGREEMENT. The arbitrator shall consider and decide only the specific issue submitted in writing by the �*�I?PLOYER and the UNION and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modi£ying or varying in any way zhe application of laws, rules, or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) ddys 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 appl.ication of the express terms of this AGREII�iEP1T and - 10 - ARTICLE VI - EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the EMPLOYER, the UNION, and the employees. 6.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the EMPLOYER and the UNION, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to he made, providing it pays for the record. 6.7 The time limits in each step of this procedure may be extended by mutual agreement of the EMPLOYER and the UNION. 6.8 It is understood by the UNION and the ENIPLOYER that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Personnel Rules of the City of Saint Paul. If an issue is determined by this grievance procedure it shall not again be submitted for arbitration under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under this grievance procedure. `_ ,,� . - 11 - ARTICLE VII - MILEAGE-INDEPENDENT SCHOOL DISTRICT N0. 625 7.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimburse�nent, employees must receive authorization from the District Mileage Co�anittee utilizing the following plan: PLAN "A" is reimbursed at the rate of 19� per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. � Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. PLAN "C" provides for reimbursement based on a per month '1�sum" amount. This amount is determined by the employee�s driving experieace under Plan "A" for a period of 3 to 6 months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the manth. A deduction must be made from the lump sum amount for each day the employee is on vacation. A deduction need not be made for an occasional day of illness or for holidays. ' - 12 - ARTICLE VIII - VACATION 8.1 In each calendar year, each full-time employee sha11 be granted vacation according to the following schedule: Years of Service Vacation Granted 0 thru 4 years 10 days after 4 years 15 days after 9 years 17 days after l5 years 21 days after 23 years and thereafter 26 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 8.2 The head of the departnent may permit an employee to carry aver into the following year up to ten days' vacation. 8.3 The above provisions of vacation shall be subject to Resolution No. 6446, Section I, Sub. H. 8.4 Employees formerly with the H.R.A. have been grant.ed an exception to the ten day carry over clause, from 1978 to 1980 onZy. That is, former H.R.A. �- employees can carry over a maximum of thirty-two (32) days from 1978 to `�\ 1979, twenty-one days from 1979 to 1980, and ten days from 1980 to 1981. - 13 - ARTICLE IX - INSURANCE 9.1 The EMPLOYER will continue for the period of this AGREEMENT to provide for employees such health and life insurance benefits as are provided by EMPLOYER at the time of execution of this AGREEMENT. 9.2 The EMPLOYER will for the period of this AGREEMENT provide for employees who retire after the time of execution of this AGREEMENT and until such employees reach sixty-five (65) years of age such health insurance benefits and life insurance benefits as are provided by the EMPLOYER for such employees. 9.3 In order to be eligible for the benefits under the early retiree provision, the employee must: 9.31 Be receiving benefits from a public employee retiree act at the time of retirement. 9.32 Have severed his relationship with the City of Saint Paul under one of the early retiree plans. 9.4 For each eligible employee covered by this AGREIIKENT who selects Blue Cross- Blue Shield insurance coverage, the EMPLOYER agrees to contribute the cost of such coverage or $39.14 per month, whichever is less. In addition, for each eligible employee who selects Blue Cross-Blue Shie2d dependent's coverage, the II�LOYER will contribute the cost of such dependent's coverage or $90.66 per month, whichever is less. 9.5 For each eligible employee covered by this AGREEMENT who selects Group Health insurance coverage, the EMPLOXER agrees to contribute the cost of such coverage or $36.42 per month, whichever is less. In addition, for each eligible employee who selects Group Health dependent's coverage, the II�LOYER will contribute the cost of such dependent's coverage or $69.73 per month, whichever is less. 9.6 For each eligible employee covered by this AGREEMEIVT who selects Coordinated Health Care, the �iPLOYER agrees to contribute the cost of such coverage or $42.25 per month, whichever is less. In addition, for each eligible employee who selects Coordinated Health Care dependent coverage, the EMPLOYER will contribute the cost of such dependent's coverage or $77.25 per month, whichever is less. - 14 - - ARTICLE IX - INSURANCE (continued) 9.7 The II�LOYER agrees to contribute the cost for $5,000 of Life Insurance Coverage for each employee who is eligible for such coverage or $2.34 per month, whichever amount is less. 9.8 Effective January 1, 1981, the figures in Article 9.4, 9.5, 9.6 and 9.7 above will be adjusted in dollars to reflect the cost of the 1981 premiian rates for the respective coverages. 9.9 The contributions indicated in 9.4, 9.5, 9.6 and 9.7 shall be paid to the II�LOYER'S group health and welfare plan. - 15 - ARTICLE X - WORKING OUT OF CLASSIFICATION 10.1 II�LOYER shall avoid, whenever possible, working an employee on an out- of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this article, an out-of-class assig�ent is defined as an assignment of an employee to perform, on a full time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 10.2 For the following classifications, the provisions of 10.1 shall not apply to performance of the duties of the next higher classification in the �ob series: Health Service Aide I Clerk I Clerk Stenographer I Accounting Maching Operator I . Data Entry Operator I Cashier I Duplicating Equipment Operator Trainee Tabulating Machine Operator I Parking Meter Collector I Zookeeper I Clerk-Typist I - 16 - ARTICLE XI - EMPLOYEE RECORDS 11.1 Any written reprimand made concerning any member of this Bargaining Unit which is filed with the Personnel Office or within any City department, shall be shown to the member before it is placed on file. Before the reprimand is placed on file, the City shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 11.2 Any meinber of the bargaining unit may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper notice to � the supervisor in custody of such file. 11.3 Any member of the bargaining unit may file a grievance or discrimination complaint and there shall be no retaliation by the City of St. Paul for such action. ,`., �� - 17 - ARTICLE XII - BULLETIN BOARDS 12.1 The ENIPLOYER shall provide reasonable bulletin space for use by the UNIDN in posting notices of UNION business and activities, said bulletin board space shall not be used by the UNION for political purposes other than UNION elections. Use of this � bulletin board is subject to approval of the department head. � - 18 - ARTICLE XIII - WAGES 13.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix "A" does not preclude the employer from the following: 1. Reorganizing 2. Abolishing classifications 3. Establishing new classifications 4. Regrading classifications 5. Reclassifying positions Both parties also agree that titles and grades in Appendix A refer to employees in the positions at the date of signing of the agreement. No ' employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place. 13.2 Notwithstanding section 13.1, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payrient to individual HRA employees and City employees who receive different pension benefits. -.\. , ,\ - 19 - ARTICLE XIV - MAINTENANCE OF STANDARDS I4.1 The parties agree tfiat all conditions of enployment relating to wages, hours of work, overtime differentials, vacations and all other general working conditions shall be maintained at not less than the highest minimvm standard set forth in the Personnel Rules of the City of St. Paul (Resolution ;10. 3250) and the Salary Ordinance of the City of St. Paul (Resolution ro. 64�6) at the time of the signing of this AGREII�IENT, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this AGREE"IE\'T. ,\ - 20 - ARTICLE XV - LEAVES OF ABSENCE 15.1 Leave of Absence. After three month's employment, an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Personnel Rules, (Resolution ho. 3250) . 15.2 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave the employee must report to his supervisor no later than one-half hour past his regular scheduled starting time. The granting of . sick leave shall be sub3ect to the terms and provisions of Resolution No. 3250 of the City of Saint Paul. 15.3 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member o€ the household; and riay be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., `\`� or in the case of sudden sickness or disability of a member of his household, making arrangements for the care of such sick or disabled persons up to a maximum of four hours sick leave. 15.4 Leave Without Pay. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of - 21 - ARTICLE XV - LEAVE OF ABSENCE (continued) absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves of absence as are granted under Article 16 shall conform to Minnesota Statutes, Section 192, as amended from time to time, and _ shall confer no additional benefits other than those granted by said statute. 15.5 Severance Pay. Employees shall be eligible for severance pay in accordance with the Severance Pay Ordinance No. 11490. The amount of Severance Pay allowed shall be that amount permitted by State Statutes sub�ect to the provisions that the maximum amount allowed shall be $4,000. 15.6 Jury Duty. Any employee who is required during his regular working hours to appear in court as a juror or witness except as a witness in his own behalf against the EMPLOYER shall be paid his regular pay while he is so engaged, provided however, that any fees that the employee may receive from the court for such service shall be paid to the F,MPLOYER and be deposited with the Employer Business Office. Any employee who is scheduled to work a shift, other than the normal day- time shift, shall be rescheduled to work the normal daytime shift during such time as he is required to appear in court as a juror or witness. 15.7 Funeral Leave. Any emplayee who has accumulated sick leave credits, as pro- vided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the enployee's grandparent or grandchild. 15.8 An employee elected or appointed to a full time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one year for the purpose of conducting the duties of the exclusive representative, 15.9 riaternity Leave - Maternity is defined as the physical state of pregnancy of an empl.oyee, commencing eight (8) months before the estimated date of childbirth, - 22 - ARTICLE XV - LEAVES OF ABSENCE (continued) as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the employer may approve such leave at its option, and such leave may be no longer than one (1) year. \ - 23 - _ ARTICLE XVI - MILITARY LEAVE OF ABSENCE 16.1 Pay Allowance. Any employee who shall be a me�ber of the National Guard, the Naval Militia or any other component of the militia of the State, now or hereafter organized or constituted under state or f ederal law, or who shall be a member of the Officer�s Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under Federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided thati such leave shall not exceed a total of fifteen (15) days in any calendar year and, further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee (1) returns to his position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented fro�n so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. - 24 - ARTICLE XVII - MANAGEMENT RIGHTS 17.1 The UNION recognizes the right of the EMPLOYER to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. All rights and authority which the EMPLOYER has not officially abridged, delegated or modified by this AGREEMENT are retained by the �IPLOYER. 17.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the EMPLOYER, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � - 25 - ARTICLE XVIII - SENIORITY 18.1 Seniority, for the purpose of this AGREEMENT, shall be defined as follows: The length of continuous, regular and probationary service with the II�LOYER from the date an employee was first certified and appointed to a class title covered by this AGREEMENT, it being furthez understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 18.2 Seniority shall terminate when an employee retires, resigns, or is dischargedo 18.3 In the event it is detezminecl by the II�IPLOYER that it is necessary to reduce the work force, employees wi11 be laid off by class title within each department based on inverse length of seniority as defined above. 18.4 In cases where there are promotional series, such as Clerk I, II, III, etc. , when the number of employees in these higher titles is to be ' reduced, employees who have held lower titles which are in this bargain- ing unit will be offered reductions to the highest of these titles to \ which class seniority would keep them from being laid off, before layoffs are made by any class titie within any department. 18.5 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 18.6 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. - 26 = � ARTICLE XIX - DISCIPLINE � 19.1 The EhiPLOYER will discipline employees for just cause only. Discipline will be in the form of: 19.11 Oral reprimand; 19.12 Written reprimand; 19.13 Suspension; 19.14 Reduction; � 19.15 Discharge 19.2 Suspensions, reductions and discharges will be in written form. 19.3 Employees and the UNION will receive copies of written reprimands and notices of suspension and discharge. 19.4 Employees may examine all information in their EMPLOYER personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under direct supervision of the II�LOYER. 19.5 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period, the employee and/or UNION may request, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During said five (5) day period, the II�'LOYER may affirm the suspension and discharge in accordance with Personnel Rules or may modify, or withdraw same. 19.6 An employee to be questioned concerning an investigation of � disciplinary action shall have the right to request that a UNION representative be present. 19.7 Grievances relating to this Article shall be processed in accordance with existing Civil Service procedures or at the option of the employee may be taken up in the grievance procedure under Article VI. If an issue is determined by the grievance procedure it shall not again be submitted for arbitration under the Personnel Rules. If an issue is determined by the provisions of the Personnel Rules it shall not again be submitted for arbitration under the grievance procedure. - 27 - ARTICLE XX - VACANCIES 20.1 The Personnel Off ice will inform all departments that the department's timekeeper shall post notices of all job vacancies in their department at least five days before submitting a requisition to the Personnel Office. � � - 28 - � ARTICLE XXI - RESIDENCE 21.1 The Board of Education has no residency requirements governing School District employees. - 29 - . , ARTICLE XXII - TERMS OF AGRE�"tE?�1T 22.1 Complete Agreement and Waiver of Bargaining. This Agreement shall represent the conplete AGREzP4EP�T between the iNION and the �IPLOYER. The parties acknowledge that during the negotiations which resulted in this AGRE�fENT, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or natter not removed by law from the area of collective bargaining, and that the complete understandings and agreements arrived at bp the parties after the exercise of that right and opportunity are set forth in this AGREEMENT. Therefore, the ENIPLOYER and the L'NION, for the Zff e of this AGREEMENT, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain col- lectively with respect to any subject or matter ref erred to or covered in this AGREEMENT. 22.2 Savings Clause. This AGREEtiIENT is sub3ect to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this AGRE�"';ENT shall hold to be contrary to law by a court of campetent �urisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 22.3 Term of Agreenent. This AGRE�1IIvT shall be in full force and effect ��n_� a f, �47�, � fron thru Dece�ber 31, 1981, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1, that it desires to modify or tersinate this AGREF1�fENT. In witness whereof, the parties have caused this AGRE�fEi'T to be executed this day of , 1980. - 30 - � � ARTICLE XXII- TERMS OF AGREEMENT (continued) � 22.4 This constitutes a tentative AGREEMENT between the parties which will be recommended by the School Board Negotiator, but is subject to . •the approval of the Board of Education and is also subject to ratification by Local Union No. 844. WITNESSES: INDEPENDENT SCHOOL DISTRICT N0. 625 LOCAL UNION N0. 844, DISTRICT COUNCIL N0. 91 OF THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EN�LOYEES AFL-CIO / BY: Sc ool Board Negoti or B ne Re es tive - � /�BY: BY: � /z,�d . � Superintendent, ISD 625 i BY: BY: BY: BY: - 31 - , �' �' �7' .7 N �t �O M �+ �O .-� � d> >o N �O O �+ • I vl c�l 00 00 O N O c"1 N M �T �t �' �7 �' �' �7' �? �Y' �t �7 N �t �O M ya .--I � �1' �t .i f� .a �l T i �O M rn rn .-� N .-+ M O t� O O c'� c�1 �D .7 1� N M �' �7 �' �' d' �7 �' �' �t �t �7 N �1' �D c"'1 i�+ �O ri 01 rn �D N �O O '� o � � � � � � (� � �� .-� M C� c'� �' �t ot �t �t c'7 1� �t c0 h d' N d' i-� N .-� �+'1 O� u'1 >t e0 N 7+ 1 O� �O N � v-� N � N1 O �'1 00 O� N .-� �Y' N t!1 � M c*1 M .7 �T �t .t �t � ' �l N N Vl ri �' 1� �' N u'1 O n r-1 c"1 Ul �t e o }.1 �1 O �C C''1 �"'� 1� � C�'1 C+7 r/ N u1 I� a0 .-� q � O M •-+ �Y' � e�"1 M M d' 41 � d' �' � �7' �' (tl � ' � b0 H CS ' "d � O � Rf � d N N '�U �' N � �1 N N N Ol 'C1 � t� c� 1.1 �D O .�". 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