01-192Q�I�I���
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # O �-14a.
Green Sheet # 106826
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Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
JuIy 1, 2000 through June 30, 2002 EmpIoyment Agreement between the Independent School District
No. 625 and Tnternational Union of Operating Engineers Local No. 70, Exclusive Representative for
4 Custodians.
Yeas Na s Absent
Benanav �
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Bostrom �
Coleman �i
Harris �
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Requested by Departcnent of:
Office of Labor Relations
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Form App� ed by Ci Attorn y
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Adopted by Council: Date ��� \�-}� pp, Approved by,lVIayor for Submission to Council
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Adoption Certified by Council Secretary By: fX liy !'r� �C/( ��
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Approved by Mayor. Date' ;VI�(Miv� ��I Z� �
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DEPARTMENT/OFFICFJCOUNCIL: DATE 1NITIATED D, -iqS
LABOR RELATTONS February 21, 2001 GREEN SHEET No.: 106826
CONTACI' PERSON & PFIONE: � IN177AL/DATE INITTAL/DATE
JLTLIE KRAUS 266-6513
ASSIGN I DEPARTMENC DIR. 4 CITY COUNCIL
TIpMgEg 2 CITY ATTORNEY CITY CLERK
e�ti7ST BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf D[R. FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL'� OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATORE)
ncnoN�QUesrEn: This resolution approves the July 1, 2000 through June 30, 2002 Employment Agreement
between Independent School District No. 625 and Intemational Union of Operating Engineers Local No. 70,
Exclusive Representative for Custodians.
RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS: .
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/fim� ever worked wder a contract for this depaztmen[?
_CIB COMMITTEE Yes No
STAFF 2. Has this person/ficm ever been a city employee?
DISTRICT COURT Yes No
SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this persoNfirtn possess a skili not nortnally possessed by any cucrent city employee?
Yes No
Explain all yes aoswers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSOE, OPPORT[JNI7'1 (Who, W6ay When, Where, Why):
ADVANTAGESIFAPPROVED:
This resolution pertains to Board of Education employees only.
DISADVANTAGES IF APPROVED�
DISADVANTAGES [F NOT APPROVED:
TOTAL AMOl7N"I' OF'I'RANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: AGTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
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INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE:
August 15, 2000
a�_���
TOPIC: Approval of Empioyment Agreement Between Independent School District
No.625, Saint Paul Public Schools and International Union of Operating
Engineers, Local No. 70, Exclusive Representative for Custodians
A. PERTINENT FACTS:
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1. New Agreement is for a two-year period from July 1, 2000, through June 30, 2002.
2. Contract changes are as follows:
Waaes: Effective January 1, 2000, increase wage schedule 3%. Effective June 30, 2001,
increase wage schedule 3%.
Insurance: The insurance premium contributions by the District are increased from the current
insurance caps of $220 for single coverage and $395 for family coverage will increase as follows:
Sinale Fami�v
Effective January 1, 2001 $240.00 $425.00
Effective January 1, 2002 $265.00 $445.00
Lonaevit� Effective July 1, 2000, increase longevity pay for employees who have twenty years of
service from $.10 to $.25 per hour. Change eligibility for longevity from the employee's
anniversary date to July 1.
Retiree Health Insurance: Employees who are terminated for cause will not be eligible for pre or
post-age-65 health insurance.
everance: Employees who provide three months notification prior to retirement will receive $75
for each day of earned, unused sick leave up to a maximum of $15,000. if notification is Iess than
three months, the amount paid per day is reduced to $65. The pre-notification requirement is
waived in instances of sudden illness of an employee or immediate family member.
Attendance Incentive: Expanded attendance incentive so that employees who qualify for one
additional vacation day by maintaining pertect attendance September through May will be eligible
to earn one additional vacation day if they maintain perfect attendance June through August.
3. The District has 266 FTE's in this bargaining unit.
4. The maintenance of buildings promotes a quality learning environment that supports the teaching
target of preparing all students for life.
5. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; and William Larson, Deputy Superintendent.
RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the Agreement
concerning the ierms and conditions of employment for International Union of Operating Engineers,
Local No. 70, in this school district; duration of said Agreement is for the period of July 1, 2000,
through June 30, 2002.
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LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
and
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INTERNATIONAL UNION OF
OPERATING ENGINEERS
LOCAL 70
Term: July 1, 2000 through June 30, 2002
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�' Saint Paul Public Schools
L 1 F E L 0 N G L E A F N 1 N G
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ARTICLE
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TABLE OF CONTENTS
TITLE
Preambie...........................................°°°--................---°-----.............
Recognition ...................................................................•-�--...............
Defi n itions..... °--°--- •--...-°-°--° ° .....................° ° ° °--..............---.........
Union Rights .................................................................................�--�
ManagementRights .........................................................................
Temporary Employment ...................................................................
Seniority............................................................................................
Vacation............................................................................................
Hol idays ...........................................�--..............................................
Hours and Premium Pay ..................................................................
Working Out of Classification ...........................................................
Supervisory Assignment ...................................................................
Uniforms ...........................................................................................
Leaves of Absence ...........................................................................
Military Leave of Absence ................................................................
CourtDuty ........................................................................................
WageSchedule ........................................................�---....................
EmpioyeeBenefits ............................................................................
Mileage ............................................................................................
Severance ................................................................................
Discipline.........................................................................................,
Grievance Procedure .......................................................................,
Strikes, Lockouts, Work Interterence ...............................................
Nondiscrimination .............................................................................
Terms of Agreement .......................................................................
AppendixA: Wages ......................................................................
Appendix B: Equalization of Overtime ...........................................
Appendix C: Engineer 2-5 Bidding .................................................
Appendix D: Memorandum of Understanding:
Regarding Training .............................�----�--..............
Index ................................................................................................
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This Agreement is by and between Independent School District No. 625 and Locai Union
No. 70, Intemationai Union Of Operating Engineers, AFL-CIO.
This Agreement has been entered into between Independent Schooi District No.625,
hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating
Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the
promotion of harmonious relations between the Employer and the Union, the establishment of an
equitable and peacetul procedure for the resolution of differences and the establishmerrt of rates
of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge
that they shall pursue the above objectives in fuli compliance with the requirements of the Public
Employment Labor Relations Act of the State of Minnesota of 1971, as amended.
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� ARTICLE 1. RECOGNITION
1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, hours, and other conditions of employment for
all of its employees as outlined in the cert'rfication by the State of Minnesota Bureau of
Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows:
Aii regular, probationary, and provisional engineering and building maintenance
personnel who are empioyed by Independent School District No. 625, and whose
employment service exceeds the lesser of 14 (fourteen) hours per week or thirty-
five percent (35%) of the normal workweek and more than siuty-seven (67)
workdays per year in the foilowing ciass'rfications:
Custodian-Engineer 5, Board of Education,
Custodian-Engineer 4, Board of Education,
Custodian-Engineer 3, Board of Education,
Custodian-Engineer 2, Board of Education,
Custodian-Engineer 1, Board of Education,
Facility Services Worker,
Trainee (Custodian-Engineer)
Custodian*,
Custodial Worker';
excluding supervisory, managerial, clerical, confidential, and temporary
employees, those exciusively represented by other labor or employee
organizations, and all other employees.
12 The parties agree that any new ciassifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall be
recognized as a part of this bargaining unit, and the parties shall take all steps required
• under the Public Employment Relations Act to accompiish said objective.
1.3 Temporary employees are recognized as within the unit covered by this Agreement,
however, except as specifically provided by this Agreement (see Article 4), temporary
employees shali not have nor acquire any rights or benefits other than specifically
provided by the provisions of the Civil Service Rules.
ARTICLE 2. DEFINITIONS
2.1 Collective Baraainina. The Employer will bargain coilectively with the Union with respect
to rates of pay, hours, and other conditions pertaining to employment for all of the
emptoyees in the unit hereinbefore set forth.
22 Maintenance of Standards. The Employer agrees that all conditions of employment
relating to wages, hours of work, overtime differentials, vacations, and general working
conditions shall be maintained at not less than the highest minimum standard as set forth
in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250), at the time of the
signing of this Agreement, and the conditions of employment shall be improved wherever
spec'rfic provisions for improvement are made elsewhere in this Agreement.
2.3 Discrimination. The Employer will not intertere with, restrain or coerce the employees
covered hy this Agreement because of inembership in or activity on behalf of the Union.
The Employer will not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any employee covered by this Agreement because of
membership in or activity on behalf of the Union, nor will it discourage or attempt to
discourage membership in the Union, or attempt to encourage membership in another
Union.
• `Abolished except as to present incumbents.
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ARTICLE 3. UNION RIGHTS
3.1 The Union may designate empioyees within the bargaining unft to serve as Union
Stewards and shall be required to administer this Agreement.
32 The Union shall furnish the Employer and appropriate department heads and District
Negotiator with a list of Stewards and aitemates, and shall, as soon as possible, notify
said appropriate District officials in writing of any changes thereto. Only those who are
Officers and Stewards shall be recognized by the Empioyer for the purpose of ineetings.
3.3 There shall be no deduction from the pay of a Steward when directly involved in meetings
with management relating to the administration of this Agreement during working hours.
3.4 Designated Union representatives shall be permitted to visit empioyees on job sites and
at department buildings during working fiours for the purpose of tfie administrafion of fhis
contract, so long as the Union representative does not interfere with the compietion of the
employees' job duties.
3.5 Shoo Steward. The Chief Steward or Assistant Chief Steward in the District will be
allowed to accompany an empioyee to meet with the Employer during regular working
hours for the purpose of grievance review and dispute resolution involving employees,
under the following conditions:
3.5.1
3.52
3.5.3
3.5.4
3.5.5
That only one employee from any one department be allowed to leave his/her
work.
That stewards wiil attend these meetings on their own time when they are held
outside of regular working hours.
That adequate notice is given to the supervisors so that permission may be
obtained from the Facility Operations Office.
That the steward has officialiy been designated as such by the Union.
Only the chief or assistant chief steward shall be excused for participation in
grievance and/or dispute resolution meetings.
3.6 A maximum total of eighty (80) hours without loss of pay per contract term will be allowed
for the combined use of a ma�cimum of four (4) shop stewards to participate in contract
i�ct�jviiaiivi�S� �Ti2uiuiiGiy vf H �Tic2tii�C�S�'rV�iiC~ uP2 ii�c��-fj.:^�:CJ' .~� �8y ::'.
hours of any of the stewards. It is understood that Union and the Employer wili, to the
greatest e�ctent possible and reasonable, schedule such meetings outside regular
working hours, and stewards will attend the meetings when this is the case on their own
time.
3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay
for one (1) week to attend such convention. Vacation or compensatory time may be used
for this purpose. The Union shali give at least ten (10) working days' advance notice of
the employees who will be participating in such conventions.
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• ARTICLE 3. UNION RIGHTS (continue�
3.8 Dues. Fair Share
3.8.1 Dues. The Empioyer agrees to deduct the Union membership initiation fee
assessments and once each month dues from the pay of those employees who
individual(y request in writing that such deductions be made. The amounts to
be deducted shall be cert'rfied 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 possibie.
3.8.2 Fair Share. Any present or future empioyee who is not a Union member shall
be required to contribute a fair share fee for services rendered by the Union.
Upon notification by the Union, tfie Employer shail check off said iee 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 legai.
3.8.3 The Union wili indemnify, defend, and hold the Empioyer harmless against any
claims made and against any suits instituted against the District, its officers or
empioyees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The District wiil indemnify, defend, and hold the
� Union harmless against any claims made and against any suits instituted
against the Union, its officers or empioyees by reason of negiigence on the part
of the Employer in making or forwarding deductions under this Article.
3.8.4 The Empioyer wili notify the Union in writing of all new employees covered by
this Agreement within a reasonable time period of the employee's first day of
work. The Employer will notify the Union at regular intervals regarding
employee status changes, including unpaid leave, promotion, demotion,
resignation, layoff, and/or retirement.
ARTICLE 4. MANAGEMENT RIGHTS
4.1 The Union recognizes the right of the Empioyer to operate and manage its affairs in ail
respects in accordance with applicabie laws and regulations of appropriate authorities.
The rights and authority which the Empioyer has not officialiy abridged, delegated or
modified by this Agreement are retained by the Emptoyer.
4.2 A public employer is not required to meet and negotiate on matters of inherent manageriai
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 ot technoiogy, and
organizational structure and selection and direction and number of personnel.
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ARTICLE 5. TEMPORARY EMPLOYMENT
The District and Union acknowledge three types of temporary employment: Casual Service,
Short-term Service, and Extended Service. All persons employed in any temporary status or any
extension of temporary service must knowingly consent to such e�ctension and complete a
Temporary Empfoyment Certification Form acknowfedging the temporary nafure of fhe
assignment. All persons empioyed in any temporary status will be members of the bargaining unit
foliowing the completion of sixty-seven (67) workdays, and have the terms and conditions of
employment set forth in this Article. An extension of temporary assignment does not create any
continuing employment rights for the temporary empioyee.
5.1
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Casual Service Temoorarv Emplovment
Casual service temporary employment will be characterized by assignments that are Iess
than sixty-seven (67) days in duration, and the terms and conditions of employment are
established solely by the Employer. These are not positions covered by the bargaining
unit. Work assignments wiil typically be overflow work which serves as an extension of,
and not a replacemenf for, the normal workforce of regular employees.
Short-Term Temoorarv Emplovment
52.1 Short-term temporary employment will be characterized by an inftial
employment assignment for up to 1,040 hours. One eutension for up to an
additional 1,040 hours will be permitted. A copy of the completed Temporary
Employment Certification Form signed at the time of the extension will be sent
to the Union.
52.2
52.3
52.4
5.2.5
52.5
Short-term temporary employees will be paid at the current minimum hourly
rate in Appendix A for the job class hired.
Short-term temporary empfoyees wiil receive paid fime off for the named
holidays in Article 8.
There shall be no other access to co�tractual benefits except as specifically
stated in 52.3 above.
Short-term temporary employment work assignmenis typ'�cally will serve as
short-term replacements for positions normaily filled by regular employees.
J aSSiyiuTiEiiw'r4iii fiv�inciij% t'i2 iv �.vtici ivi iii2 iviif3� n�� a.v� �L�l
a)
b)
c)
d)
e)
regular employees on paid leave,
regular employees on �on-compensatory teaves with guaranteed
retum,
vacancies in job ciasses where there is no list of eligible candidates
in place from which to make regular appointments,
positions that are of spec'rfic limited duration of less than iwelve (12)
months in duration,
other similar assignments.
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� ARTICLE 5. TEMPORARY EMPLOYMENT (continued)
5.3 Extended Service Temoorarv Empioyment
Extended service temporary employment will be characterized by temporary empioyment
which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature.
5.3.1 If the District determines the assignment for a short-term temporary employee
must be extended beyond 2,080 hours, the assignment wiil be considered an
extended service temporary assignmeni.
5.3.1.1 The District, Union and temporary employee must agree to any short-
term temporary employment that is to be extended beyond 2,080
hours.
5.3.12 The DistriCt, Union and temporary emp4oyee wi41 sign the Temporary
Employment Cert'rfication Form acknowiedging the temporary nature
of the assignment.
5.3.1.3 Upon agreement, the temporary empioyee will be considered an
extended service temporary employee.
5.3.2 Extended service temporary employees will be paid at the current minimum
hourly rate in Appendix A for the job class hired.
5.3.3 Extended service temporary employees wili have access to contractual benefits
as described in 5.3.3.1 through 5.3.3.4 below. The benefits in 5.3.3.1 through
� 5.3.3.4 will be effective the first fuli pay period after the completion of the first
2,080 hours in temporary status and after the signing of the Temporary
Employment Certification Form.
5.3.3.1 Paid sick leave time shali begin to accrue for all hours on the payroll,
based on a formula of .0576 hours time earned for each straight-time
hour on the payroll. Maximum accrual ailowed is 200 hours. There
is no exchange of accrued unused sick leave for cash payment.
5.3.32 Paid personal leave time shall begin to accrue (as vacation), for all
hours on the payroll, based on a formula of .0385 hours time earned
for each straight-time hour on the payroli.
5.3.3.3 The employee shaii have access to paid holidays as provided in the
labor agreement in Article 8, Section 8.5.
5.3.3.4 The empioyee shall be eligible for participation in and Employer
contribution to health care coverage and life insurance coverage as
provided for active regular employees in Articie 17, Section 1.
Temporary empioyees will be required to contact the Benefits Office
to apply for appropriate benefits. No access or benefit beyond these
specified sections is granted or created or intended or impiied. Any
cost of any premium for any District-offered employee or family
insurance coverage in excess of the specified District maximum
contribution limits shall be paid by the employee via payroll
deduction.
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ARTICLE 5. TEMPORARY EMPLOYMENT {continued)
5.3.4 There shall be no other access to contractual benefits except those spec'rfically
stated in 5.3.3 above.
5.3.5 An extended service temporary employee who, through the appropriate merit
based examination procedures, becomes employed as a regular employee
covered by this Agreement during the period of Extended Service Temporary
Employment shall have his/her period of temporary employment in excess of
the initial 1,040 hours recognized toward completion of the probationary service
requirement in the regular appointment.
5.4 None of the provisions of this Articie shall have any retroactive effect for any employee in
any temporary employment status prior to the effective date of this Article, July 1, 1993.
5.5 No access to continuing employment is created or intended by any provisions of this
Article.
ARTICLE 6. SENIORITY
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6.1 Generai Class SenioriN. Ciass seniority shafl be determined based on the continuous
length of probationary and regular service with the Empioyer (Independent School District �
No. 625, Saint Paul Pubiic Schoois) from the date the employee was first appointed to a
job ciass covered by this Agreement. Ciass seniority shall be understood to be on an
Employer-wide (District-wide) basis within each job class uniess expressly stated
otherwise. In cases where two or more empioyees are appointed to the same class title
on the same date, the seniority shall be detertnined by the employee's rank on the eligible
list from which cert'rfication was made.
6.1.1 It is further understood that only time worked For the Employer (Saint Paul
Public Schools) shali be considered for the purpose of seniority Calculations.
The only exception is for regular employees currently employed by the
Employer as of July 1, 1993, who have accrued time in a job class represented
L�)y t1IE VIIIDII �II $EI Vll'.0 WI 1I IIC V�l� l�i .SG�iti ratii� Fsiivi iv vjiij 1 �QOv F.�.:
those regular employees, the time in such job class with the City of Saint Paul
will continue to be considered as time with the Employer. If, however, the
employee has a break in employment with ihe Employer, (i.e., terminafion,
resignation, retirement) thereafter, 'rf re-employed, only the time following the
employee's subsequent rehire to the Employer will be considered for purpose of
seniority calculation.
6.1.2 An unsuccessful completion of probationary period for a position with the City of
Saint Paul by any employee covered by this Agreement shall not be considered
a break in employment with the Employer. A successfui completion of
probationary period for a position with the City of Saint Paul by any employee
covered by this Agreement shali be considered a break in employment with the
Employer.
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ARTICLE 6. SENIORITY (continued)
6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer
determines that it is necessary to reduce the workforce, employees wili be laid off in
inverse order of class seniority in the job class from which the reduction is to occur. The
Employer must terminate the empioyment of all temporary and provisional empioyees in
that job class before any regular empioyee in thai job ciass is laid off.
6.3 Class SenioriN Determination For Placement Followinq A Workforce Red_uction. For
pur¢oses of this Section, the job c(asses covered by this Agreement (excluding
Custodian-Engineer Trainee and abolished job classes) shall be considered one job class
series. The job class with the highest rate of pay shown in Appendix A shall be the
highest level job class in the series. The job class with the next highest rate of pay shown
in Appendix A shall be the next highest levei job class in the series, and so on down to the
last job class. When the number of employees in higher level job classes is to be
reduced, employees will be offered reductions to the next highest level job ciass, whether
or not the employee previousiy was appointed to such job class, in which class seniority
would keep the employee from being laid off.
It is understood that an employee being reduced shall have that employee's class
seniority in his/her current job ciass (and any appropriate class seniority in any lower level
job class that the employee previously held) used to determine rights to positions at the
time of the reduction. Thereby, employees whose positions are to be reduced shall have
the right to displace employees with less class seniority in that job class. The employee
with the least class seniority in the job class shall then be reduced to the next lowest title
for which the employee has more seniority than the least senior employee in that job
ciass. Employees being reduced shall not have the ability to reduce to abolished job
ciasses shown in Appendix A, unless the employee was previously appointed to such job
class, has no breaks in empioyment since appointed to such job class, and there remain
employees actively empioyed in that job ciass at the time of the layoff.
6.4 Recali From Workforce Reductions Recall from workforce reduction shall be in order of
class seniority within the job class from which the layoff occurred. However, recall rights
shali expire after two (2) years from the date of the layoff.
6.5 Class Senioritv Determination Followina Voluntarv Reduction. In the event that an
employee requests a voluntary reduction to a lower level job class, and such request is
approved by the Human Resource Department for the Empioyer, then the employee's
class seniority in the job ciass to which the employee is being reduced shall be the
continuous length of probationary and regular service with the Employer from the date the
employee was first appointed to the job class in this Agreement to which the employee will
be reduced (this would also inciude any continuous service time in higher levei job
classes covered by this Agreement). if the employee is reduced to a lower levef job ciass
not previously held, then the employee's ciass seniority in the job class to which the
employee is being reduced shall be the continuous length of probationary and regular
service with the Empioyer from the date the employee was first appointed to any higher
level job class covered by this Agreement.
Voluntary reductions will only be approved if the reduction is to a vacant position in a
lower level job ciass. It is understood that the employee will have no reinstatement rights
back to the former higher level job ciass foilowing the voluntary reduction. If the
employee is reappointed to the higher level job class through the appropriate testing and
selection procedures, then the empioyee's class seniority in that job ciass will begin as 'rf
newiy appointed to that job class. No empioyee will have the abiiity to voluntarily reduce
to any of the abolished job classes shown in Appendix A.
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ARTICLE 6. SENIORITY (continued)
6.6 Senioritv for Biddina on Location
6.6.1 Biddina for Location. Annually, after the beginning ot the schoo! year, the
Office of Facility Operations wiil post a fisting of vacant positions in the job
ciasses Custodian, Faciiity Services Worker, and Custodian-Engineer 1, with
the iocations of the vacancies. Employees who have been certrfied and
appointed to one of the above listed job classes may bid for an assignment in
that same job class at a different location shown on the posting. Bids for
assignments will be honored in order of ciass seniority in that job class
providing the empioyee is qual'rfied for the assignment No other positions are
posted for bid. Vacancies in new buildings will be open to bidding oniy by
employees who have had satisfactory or higher performance ratings for at least
the preceding year. Custodian-Engineer 1 vacancies in new buildings will be
listed only to attow employees in that job class to express interest in being
considered by submitting a letter to the department head.
a) Additionai vacancies in the spec'rfied job ciasses during the school year will
be similarly posted for bidding at least four (4) additional times during the
year, if there are appropriate vacancies available.
b) An employee who has been reassigned as a result of the bidding process is
not eligible for any further bidding for at least one (1) year. An employee
whose shift is changed signfficantly on a permanent basis, or whose shift is
changed from a daily assignment at one location to more than one location,
may bid once again in the same year.
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c) Nothing in this provision shall be construed to limit the right of the Employer •
to transfer an employee to another location without bidding if there is
reason to do so.
6.62 When there is a reduction in the number of posftions in a job class at a spec'rfic
buiiding, but the overail number of oositions in the iob class District-wide has
not been reduced, then class'rfication seniority applied District-wide will be used
to determine who is transferced out of that
6.6.3 If any fuli-time empioyee's position at a specific buiiding is eliminated and/or
changed to require the employee be scheduled to regularly pertorm work in two
buildings, the newiy assigned employee wiil:
a� Have thg gm�lp;ag'S �INqg ggnipriT� rgr.n�nZari in tlZg g�nnLi hLiltiinstlsl,
b) Have the employee's class seniority recognized in the new buiiding(s) and
may use such class seniority in the new building(s) assignment for purpose
of displacing the employee with the least class seniority in the same
classification from that employee's scheduled shift, providing the newly
assigned empioyee has more class seniority than the employee being
displaced. Fuli-time employees may not displace part-time employees, and
part-time employees may not displace full-time employees.
c) Retain the right to reclaim that employee's original pasition in the first
location shouid it reopen in the next thirteen (13) months, provided the
empioyee has not accepted a position through any bid process.
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ARTICLE 6. SENIORITY (continued)
6.6.4 A fuli-time empioyee whose position is eliminated and who is assigned to a
"floater" assignment in the employee's job class, at that time, shall have the
right to displace the least senior employee in the same job ciass who holds a
buildng assignment. If a"fioate�' position remains as an available vacancy, the
dispiaced least senior employee can be reassigned to a"fioate�' position in the
same job ciass.
A full-time empioyee whose position is eliminated and who is placed in an
assignment in the employee's job class that is more than two (2) hours different
than the shift assignment prior to the position elimination, at that time, shall
have the right to displace the least senior employee in the same job class who
holds a shift assignment that is within two (2) hours of the shift assignment prior
to the position elimination. If a"iloater' position remains as an availabie
vacancy, the displaced least senior employee can be reassigned a"floate�'
position in the same job class.
6.7 Senioritv for Shift Selection
6.7.1 All shifts and work areas are determined by the Employer. Nothing in this
Section 6.7. should be construed to limit the right of the Employer (department
head or designee) to change an employee to another shift or work area if there
is reason to do so.
6.7.2 There is no building seniority status for the purpose of bidding on locations or
shifts.
6.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by
� the Employer, and is pianned to continue for more than ihiriy (30) working days,
ten shift assignment for employees in that building in the classification of the
adjusted shift shail be re-bid. Class seniority shall be the determining factor, so
long as the employee is qualified and abie to perform the duties of the
assignment.
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6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in
the building. Plant Planning and Maintenance will review and determine any
schedule or classification change, and whether the vacancy will be filled. If the
vacancy is to be filied, the pasition will then be offered for location bid pursuant
to Section 6.6.1 of this Articie.
6.7.5 W hen a shift change of more than four (4) hours occurs in a position or severai
positions, then the position(s) shail be offered for bid pursuant to 6.6.1 of this
Article. An employee displaced by the re-bid shall be eligible to bid for any
other vacancy in that year even if the employee had successfuily bid earlier in
the same year prior to being dispiaced.
Senioritv Termination. AI{ seniority shali terminate when an employee retires, resigns or is
terminated.
SenioriN Consolidation. Effective August 1, 1993, the job classes Custodian� and Facility
Services Worker will be treated as a singie job ciass for purposes of:
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6.9.1
6.92
6.9.3
6.9.4
Layoff and recall rights determination, except for the limitations on rights to
abolished titles as described in 6.3 of this Articie.
Bidding on work location as described in 6.6 of this Articie
Bidding on shift selection within a location as described in 6.7 of this Article.
Job assignment as determined by the Employer within any location .
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7.4.1 There shatl be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as described in Article 19.
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ARTICLE 7. VACATION
7.1 Vacation credBs shall accumulate at the rates shown below for each fuli hour on the
payroll, exciuding overtime.
Annuai Hours
of Vacation
Earned Per
Hour on Pavroll
Years of Service
7.2
1 st through 4th year
5th through 9tfi year
10th through i 5th year
16th yearthrough 23rd year
24th year and Thereafter
.0500
.0692
.0769
.0923
.1715
Annual
Hours
Earned
104
i44
160
192
232
Days
Eamed
13
18
20
24
29
Calculations are based on 2,080 hour work year and shall be rounded off to the nearest
hour.
An employee may carry over into the next `calenda�' year up to one hundred six[y (160)
hours of vacation.
7.3 All vacation time shall be approved by the department head. Upon separation from
service, if employee has provided ten (10) calendar days' notice to the Employer in
wrifing, any unused, accrued vacation shat( be paid at fhe empfoyee's current rate of pay.
If an empioyee has been granted more vacation than the employee has earned up to the
time of separation from service, the employee shall reimburse the District for such
uneamed vacation at the employee's current rate of pay, If an employee is separated
from service by reason of discharge, retirement or death, the employee shall be paid for
any unused, accrued vacation eamed up to the time of sucfi separation.
7.4 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a totat of forty [40] hours) in any year.
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• ARTICLE 8. HOLIDAYS
8.1 Holidavs Recoanized and Observed. The foilowing days shail be recognized and
observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriaf Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible empioyees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shall fail on Saturday, the
preceding Friday shali be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shail be observed as the holiday.
For those employees assigned to a work week other than Monday through Friday the
following language shall apply. W henever any of the holidays listed above fall on the first
day of an employee's two (2) consecutive days off following that employee's normal work
week, the last day of the employee's normal work week preceding the holiday will be
observed as the holiday. Whenever any of the holidays listed above fall on the second
day of the employee's two (2) consecutive days off foliowing that employee's normal work
week, the first day of the employee's normal work week following the holiday will be
• observed as the holiday.
8.2 EliaibiliN Reauirements. To be eligible fior hoiiday pay, employees must be active on the
payroll the day of the holiday.
8.3 If an empioyee entitled to a holiday is required to work on Martin Luther King, Jr. Day or
Presidents' Day, he/she shall be granted another day off with pay in lieu thereof as soon
thereatter as is reasonable; the specific date shaii be determined by agreement between
the employee and the operations coordinator, subject to approval of the department head;
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He(she shall be paid on a straight-time basis for such hours worked, in addiUOn to hislher
regular holiday pay.
If an employee entitled to a holiday is required to work on New YeaPs Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving or Christmas
Day, he/she shall be recompensed for work done on this day by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis or such hours worked, in addftion to the regular holiday pay.
8.4 Notwithstanding Articie 8.2, a temporary employee shall be eligible for holiday pay only
after such employee has been employed as a temporary employee for sixty-seven (67)
consecutive workdays.
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ARTICLE 9. HOURS AND PREMIUM PAY
9.1 Definitions. The purpose of this Section is to provide a basis for computation of straight
time, overtime, and other wage calculations, and nothing in this Article shali be construed
as a guarantee or commitment by the Employer to any individual employee of a minimum
or maximum number of hours of work.
9.1.1 Week. A week shaii consist of seven (7) consecutive days beginning at 12:01
A.M. on Monday and ending at 12:00 midnight the following Sunday.
9.1.2 Day. A day shali consist of twenty-four (24) consecutive hours beginning at
12:01 A.M. at the start of a calendar day and ending at midnight of that day.
9.1.3 Normal Work Schedule. The normal work schedule for empioyees covered by
this Agreement shall consist of forty (40) hours or work scheduled on five (5)
consecutive eight (8) hour workdays. The department head, with the
concurrence of the Union, may modify the work schedule to consist of forty {40)
hours of work scheduied on four (4) consecutive ten (70) hour workdays. The
hours worked in a day shail be consecutive excluding any unpaid Iunch period
scheduled during the employee's assigned workday. The unpaid lunch period
may not exceed one (1) hour in length.
9.3.3.1 Rest Breaks. Each normal workday shall include two paid fifteen
(15)-minute rest breaks, at a time assigned by the immediate
supervisor, one occurring approximately two hours from the
beginning of the shift; the second occurring approximately six hours
from the beginning of the shift.
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9.1.32 Lunch Break. All full-time employees are entitled to a duiy-free lunch �
break of thirty (30) minutes without pay, at a time assigned by the
supervisor, and occurring approximately at the midpoint of the shift.
If no relief is availabie for a duty-free lunch at approximately the
midpoint of the employee's shift, the employee shall receive a thirty
(30) minute paid lunch.
9.1.3.3 Stackina of Breaks. It is understood by ail parties that employees
cannot combine their break periods andJor lunch periods to create a
longer lunch break period or to leave early.
92 Call-In Pav. When an employee is called to work, the empioyee shali receive two (2)
hours of pay at the employee's normal hourly pay rate if the employee reports to work as
called and is then not put to work. If the empioyee is called to work and commences
work, the empioyee shail be guaranteed four (4) hours of pay at the employee's normal
hourly pay rate. These provisions, however, shail not be effective when work is unable to
proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to arty person ovhose regularly-scheduled workday is less thart
four (4) hours per day.
9.3 Premium Pav for Shift Differential. Effective March 4. 1995. Any employee who works on
a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differential for
the entire shift. The shift differentiat shatl be five percent (5%) of the base rate. tf an
empioyee requests a day shift (starting at or before 1 p.m.) and that request is granted,
the empioyee will not receive night shift differential for any day shift worked.
9.4 S�ecial DuN Pav. Employees assigned to work in the special duty category of custodial
worker shafl be paid at ninety percent (90%) of the rate paid for posftions in fhe
Custodian' job ciass. •
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� ARTICLE 9. HOURS AND PREMIUM PAY (continued)
9.5 Lonaeviiv Pav. Empioyees who have completed tweniy (20) full-time equivaient years of
service with the Empfoyer as of Juiy'f each year shafl receive an additional �25 (25¢) per
hour above the normai hourly rate of pay.
9.6 Overtime. Work performed in excess of forty (40) hours of work in a normal work
schedule or eight (8) hours of work in a normal workday wiil be considered overtime.
Qvertime work shall be done only by order of the depaRment head. Overtime shai! be
paid at the rate of one and one-haif (1-1/2) times the empioyee's current hourly pay rate
including applicable shift differentiai or premiums. Empioyees assigned to work on four
(4) consecutive ten (10) hour workdays shali receive overtime pay for work in excess of
ten (10) hours in the workday.
The overtime compensation due the empioyee shall be paid at the rate herein cited, or by
granting compensatory time on a time and one-half basis if mutually agreed to by the
District and the employee.
9.7 E�c ualization of Overtime. The purpose of this Subdivision is to state clearly the intent of
the parties regarding procedures which wiil be used to call and/or assign employees in the
unit for overtime work during the term of the 2000-2002 Labor Agreement. See Appendix
B for language.
These procedures shali become effective beginning with the first full month after the
Board of Education adoption of the 2000-2002 Labor Agreement. Renewai, revision, or
continuation of these provisions will occur oniy if the parties so agree. Absent such
agreement, the provisions of this Appendix B terminate June 30, 2002.
• ARTICLE i0. WORKISVG OUT OF CLASSIFICATION
10.1 For purposes of this Article, an out-of-class assignment is defined as an assignment of an
employee to perform, on a fuil-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 ciassification held by such employee.
102 The Employer shall avoid, whenever possible, working an employee on an out-of-class
assignment for a prolonged period of time. Any employee working an out-of-class
assignment for a period in excess of fifteen (15) consecutive working days shall receive
the rate ofi pay for the out-of-class assignment in a higher classification beginning on the
sixteen (16th) consecutive working day of such assignment. The rate of pay for an
approved out-of-class assignment shali be the same rate the empioyee would receive if
such employee received a regular appointment to the higher class'rfication.
10.3 An emptoyee who otherwise would receive a shift ditferential shall not fose the shift
differential during any portion of the out-of-Class assignment prior to being paid the rate of
pay for the higher classification.
ARTICLE 11. SUPERVISORY ASSIGNMENT
11.1 An engineer who is assigned to supervise other empioyees will be at least one title higher
in the series than the employees he/she supervises.
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ARTICLE 12. UNIFORMS
12.1 Employees in this bargaining unit are required to wear un'rforms when on duty. Uniforms
will be supplied as foilows:
The Disfrict wilt initia((y provide each employee (or newty appointed employee) with five (5)
shiris or five (5) smocks. Each year thereafter, the District wiil provide employees with
three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested
and received the initial five (5) shirts or five (5) smocks prior to implementation of this
provision will be considered already initially supplied.
122 Uniform shirts will be worn at all times when school is in session inciuding summer
school, and/or whenever the school building or site is scheduled through usuai
procedures for use by fhe public. During school vacation periods the uniform shirt wiil be
optional. However, for employees who choose to not wear the un'rform shirt during school
vacation periods, the standard dress rules are in effect. Un'rform shirts are to be wom
only while at work, and en route. The employee is not to wear the un'rform shirt during
personal events and activities, work outside the School District, or incidental stops at
places seiling on-sale liquor, or other such places not consistent with the image of the
School District.
12.3 Each employee is responsibie for laundering, pressing, and making minor repairs, such
as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair
during the course of dury, it will be replaced at no cost to the employee when the
damaged shirt is retumed to the District. Normal wear wili not be considered for
replacement except through the annuai cycle. The District will attempt to provide the
replacement sfiirts at the beginning of each schoof year.
12.4 Safetv Shoes. The District agrees to pay thirty doilars ($30) per year toward the cost of
safety shoes required by the Empioyer and purchased by an employee who is a member
of this unit, under the following conditions:
12.4.1 The District Shall contribute toward the cost of one (1) pair of shoes per
contract year and shall not be responsible for any additional cost of any
additional shoes hereafter.
12.4.2 This reimbursement of thirty doilars ($30) shall be made only after verification
of expenditure and approvai by the Department head or designated supervisor
of the employee.
12.4.3 This thirty dollars ($30) Employer contribution shall apply oniy to those
employees who are required to wear protective shoes or boots by the
Employer, and the contribution shall not exceed the actuai cost of such shoes
or boots.
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• ARTICLE 13. LEAVES OF ABSENCE
13.1 Leave of Absence. After three (3) months of employment, an employee may make
application for a leave of absence without pay or employer-paid benefits not to exceed
one (1) year. Requests for leave of absence shall be submitted to the Human Resource
Department for consideration not less than sixty (60) days prior to the requested date of
the leave. Granting of such leaves wili be subject to the operational needs and approval
of the Employer.
132 Sick Leave. Sick leave shaff accumuiate at the rate of .0576 of a working hour for each
full hour on the payroll, excluding overtime. Sick leave accumulation is unlimfted. To be
eligibie for sick leave, the employee must report to his/her supervisor no later than one-
hour before his/her regular scheduled starting time. The granting of sick leave shail be
subject to the terms and provisions of this Agreement. Any employee who has
accumulated sick leave as provided above shall be granted leave with pay, for such
period of time as the head of the department deems necessary for the foilowing spec'rfied
allowable uses:
132.1 Personal Iilness. Employees may use accumulated sick leave for hours off due
to personai iliness. The empioyee may be required to fumish a medical
certificate from a qualified physician as evidence of iliness or physical disability in
order to qualify for paid sick leave as per District practice Accumulated sick teave
may also be granted for such time as is actually necessary for office visits to a
doctor, dentist, optometrist, etc.
132.2 Family Illness. Empioyees may use accumulated sick leave for hours off due to
sudden sickness or disabiliiy of a parent or a member of hisfier household or to
make arrangements for the care of such sick or disabied persons up to a
• maximum of eight hours sick leave per incident. Up to forty (40) hours of
accumulated sick leave may be used in a work year to aliow the employee to care
for and attend to the serious or critical iliness of his/her spouse or dependent
parent. These hours when used are deducted from sick leave.
132.3 Sick Child Care Leave. Sick leave to care tor a sick child sfiall be granted on the
same terms as the employee is able to use sick leave for the employee's own
iliness. This leave shall only be granted pursuant to Minn. Stat. §181.12413 and
shaii remain availabie as provided in Statute.
13.2.4 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days,
shall be granted because of the death of an empioyee's spouse or child.
132.4.1 Up to three (3) days shall be granied because of death of otfier
members of the empioyee's immediate family. Other members of the
immediate family shali mean father, mother, sister, brother, parent-in-
law, son-in-law, daughter-in-law, grandparent, or grandchild.
13.2.42 Leave of absence for one (1) day shall be granted because of death of
other close relatives. Other close relatives shall mean uncle, aunt,
nephew, niece, brother-in-law, and sister-in-law.
132.4.3 A"da�' for this purpose shall be equivalent to the regularly assigned
workday of the employee, and such leave shall be deducted from
accumulated sick leave.
132.4.4 If an employee is required to travei beyond a two hundred (200)-mile
radius of Saint Paul for purposes related to eligible bereavement
• leave, one (1) additionai day of sick leave may be used.
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ARTICLE 13, LEAVES OF ABSENCE (continued)
L�
13.2.5 Adoption Leave. 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 child. Use of these fifteen (15) days does not need to occur
consecutively,
13.3 Requestino Sick Leave. No sick leave shall be granted for the above reasons unless
the employee reports to his/her supervisor the necessiry for Yhe absence no later than one
(1) hour before his/her regular scheduled starting time. For an employee whase shift
begins after 11;00 A.M., the employee must call his/her supervisor to report the illness by
10:00 A.M. The empioyee must cali his/her supervisor on each day of the iliness and on
the date of return to work by the times spec'rfied, unless the requirement to call in is
waived by the supervisor after verification of extended iliness. Sick leave wiii not be
granted to any employee who does not properly report the necessity for the absence,
uniess he/she can show to the satisfaction of the supervisor that the failure to report was
excusable. Employees will be required to provide medical verification of the illness at the
discretion of the supervisor. For the purposes of Articles 13.5 and 13.5.1, medicai
ver'rfication will be defined to mean, `A written note issued from a qualified treating
medical provider during the period the employee was absent from work ° The medical
verification will be provided to the Employer before the employee retums to work.
13.3.1 Sick Leave - Medical Verification. Employees will be required to provide
medical verification of the iilness at the discretion of the supervisor, and
especiaify noting the following circumstances:
(1)
��)
(3)
An employee who used more than ten (10) sick days per year is likely
to be required to provide medicai certification of iliness.
Absences which reflect a pattem are likely to result in a medical
certrfication requirement.
Exampies:
(a) Frequent absences on Fridays and Mondays.
(b) Absences precedingffollawing recognized holidays.
Reasonable cause to suspect that sick leave is being requesteci
inappropriately is Iikely to resutt in cert'rfication requirement.
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Prior to requiring medical verification, the supervisor will meet with the
employee (and Head Engineer). The employee will have the right to have union
representation at ihe meeting. The supervisor wili notify the employee in writing
that medical verification will be required for any further sick leave usage.
After the end of every schooi year, there will be a review of the medical
cert'rfication requirement for aii affected employees unless the requirement has
been in place less than nine (9) months. This review may or may not result in a
change of the medical certification requirement, The employee will be notified
in writing as to the status of this requirement. 7he written notice witi be sent to
the employee with a copy to the Buiiding Head and the Union.
13.4 Family Medical Leave. Leaves of absence shail be granted as required under the federal
law known as the Family and Medical Leave Act (FMLA) so long as it remains in torce.
The Human Resource DepaRment provides procedures.
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ARTICLE 13. LEAVES OF ABSENCE (continued)
13.5 An empioyee shall be paid under the provisions of this paragraph only for the number of
days or hours for which he/she would normally have been paid if he/she had not been on
sick leave.
13.6 Matemitv/Parental Leave. Matemity is defined as the physical state of pregnancy of
an employee, commencing eight (8) months before the estimated date of childbirth, as
determined by a physician, and ending six (6) months after the date of such birth. In the
event of an employee's pregnancy, the empioyee may appiy for Ieave 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. Parental leave shaii be
granted to empioyees for the birth or adoption of a chiid in accordance with appiicabie
state and federal laws.
13.7 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regutariy-assigned workdays (not to
exceed a total of forty [40] hours) in any year.
13.7.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as defined in Article 19.
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13.8 Sick Leave Incentive. If an employee does not use any sick leave (personal iiiness, sick
child, etc.) in the nine (9)-month period from September 1 through May 31, the employee
wilt be credfted with eight (8) additional fiouss of vacation time. If an employee qual'rfies
for an additional eight (8) hours of vacation time for perfect attendance September 1
through May 31, and if the empioyee has pertect attendance for the following period June
1 through August 31, the employee will be credited with an additional eight (8) hours ot
vacation time. This applies for the 2000-01 and 2001-2002 school years. This provision
is effective until June 30, 2002, and does not automaticaliy renew.
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ARTICLE 14. MILITARY LEAVE OF ABSENCE �
14.1 Pav Allowance. Any employee who shall be a member of the Nationai Guard, the Naval
Militia or any other component of the militia of the state, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Officers Reserve
Corps, the Enlisted Reserve Corps, the Navai 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, shali be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for all the time when such employee is engaged with such
organization or component in training or active service ordered or authorized by proper
authority pursuant to law, whether for state or federal purposes, provided that such leave
shali 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
satisfactority pertormed, which shaft be presumed uniess the contrary is estabtished.
Such leave shall not be allowed unless the employee: (1) retums to his/her position
immediateiy 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 retuming 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 Iimited for such leave.
142 Leave without Pav. 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 othervvise ailowed by law shali be entitled to
leave of absence from employment �rithout pay during such service with right of
reinstatement and subject to such conditions as are imposed by law.
14.3 Such leaves of absence as are granted under Articie 9 shal! conform to Minnesota ,
Statutes, Section 192, as amended from time to time, and shail confer no additional
benefits other than those granted by said statute.
ARTICLE 15. COURT DUTY
15.1 Any employee who is required to appear in court as a juror or witness shail be paid his/her
regular pay while so engaged, provided, however, that the employee is not appearing as a
witness in i�tiga��o� ii�CS@2`taKBit uji i�i@ 81NICiy� GP ZiiB vfiivi� H�Hii��i i l ic vi$i'w iuV:�2f,
any fees that the employee may receive from the court for such service shail be paid to
the Empioyer and be deposited with the District Office of Business and Finance. Any
employee who is scheduled to work a shift other than the normal daytime shift, shall be
rescheduled to work the normai daytime shift during such time as the employee is
requiretl to appear in court as a juror or witness.
ARTICLE 16. WAGE SCHEDULE
16.1 The wage schedu�e for purposes of this contract shall be Appendix A attached hereto.
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� ARTICLE 17. EMPLOYEE BENEFITS
SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE
1.1 The Empioyer will continue for the period ot this Agreement to provide for aetive
employees such heafth and I"rfe insurance benefits as are provided by Employer at the
time of execution of this Agreement.
12 EliaibilitvWaitinqPeriod. One (1) full month of continuous regulariy appointed
service in Independent School District No. 625 will be required before an eligible
employee can receive the District contribution to premium cost for fiealth anci tife
insurance provided herein.
1.3 Fuli-Time Status. For the purpose of this Section, full-time employment is defined as
appearing on the payroll reguiariy at teast thirty-two (32) hours per week or at least si�cty-
four (64) hours per pay period, excluding overtime hours.
1.4 Haif-Time Status. For the purpose of this Section, half-time employment is defined as
appearing on the payroll regularly at least twenty (20) hours but less than thirty (30) hours
per week or at least forty (40) hours but less than sixty (60) hours per pay period,
excluding overtime hours.
Regufarly-scheduled hours are the daify hours which are specificalfy authorized for the
employee and assigned by the supervising administrator, and verified by the Human
Resource Department, as the regular schedule. Occasional work time assigned in
excess of the minimums stated in 1.3 and 1.4 shail not be construed as providing
eligibility for insurance premium payment.
, NOTE: Any employee who is regularfy scheduted for less than twenty (20) full hours of
work per five (5)-day week or who is scheduled irregularly is ineligibie for any
benefits described in this Section.
Nothing in this Agreement shall be construed as a guarantee of any hours of
work.
1.5 Emolover Contribution Amount--Fuli-Time Emolovees. Effective July 1, 2000, for each
eligible employee covered by this Agreement who is empioyed fuii time and who selects
empioyee insurance coverage, the Employer agrees to contribute the cost of such
coverage or $220 per month, whichever is less. For each eligible full-time employee who
selects family coverage, the Employer will contribute the cost of such family coverage or
$395 per month, whicfiever is less.
1.5.1 Effective January 1, 2001, for each eligible empioyee covered by this
Agreement who is employed fuli time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $240
per month, whichever is less. For each eligible fuil-time employee who selects
family coverage, the Employer wiif contribute the cost of such family coverage
or $420 per month, whichever is less.
1.5.2 Effective January 1, 2002, for each eligible empioyee covered by this
Agreement who is employed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $265
per month, whichever is less. For each eiigibie fuil-time empioyee who selects
family coverage, the Empioyer will contribute the cost of such family coverage
• or $445 per month, whichever is less.
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ARTICLE 17. EMPLOYEE BENEFITS (continued) �
i.6 Emplover Contribuiion Amouni: Married Couoles. Full-time employees who are married
to another District employee and who are covered under their spouse's health pian may
waive the single or family contribution to health insurance and rece'nre up to $150 per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the full cost of family coverage and cannot be appiied in cases where the
spouse is receiving health insurance through the DistricYs cafeteria benefits plan.
1.7 Emplover Contribution Amount--Haff-Time Em�lovees. For each eligible employee
covered by this Agreement who is empioyed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time empioyee who selects family insurance coverage, the
Employer wil! contribute tifty percent (50%) of the amount contributed tor full-fime
employees selecting family coverage in the same insurance plan. Part-time empioyees
are not eligible for any of the married couple contributions in Subd. 1.6.
1.7.1 Notwithstanding Section 1.7 above, employees covered by this Agreement and
empioyed half time prior to January 1, 1978, shall receive the same insurance
contributions as a full-time employee. This Section 1.7.1 applies onty to
employees who were employed half-time during the month of December 1977
and shall continue to appiy only as long as such empfoyee remains
continuously employed haif time.
1.8 �ife irtsurance. For each eligible employee, the Employer agrees to contribute to the
cost of $50,000 life insurance coverage. The total premium contribution by the Employer
for ali life insurance coverage shall not exceed $11.10 per month. This amount shaii drop �
to $5,000 of coverage (in the event of early retirement) untii the retiree reaches age 65;
then all Empioyer coverage shall terminate.
1.9 Lonq-Term Disabilitv. Effective, January 1, 1999, or each eligible empioyee, ihe
Employer agrees to contribute to a long-term disability plan. The total premium
contribution by the Empioyer for this coverage shall not exceed $10 per month.
1.10 Flexible Spendina Account. It is the intent of the Employer to maintain during the
term of this Agreement a ptan for medical and child care expense accounts to be
available to empioyees in this bargaining unit who are eligible for Employer-paid premium
contribution for health insurance for such expenses, within the established legal
��iiiHiiOiiS �i�'u iRS i8yiiiTB�TiBi�iS ivi SiiCii 8wvi7i�iS.
1.11 The contributions indicated in this Section 1. shali be paid to the Employe�s group heatth
and welfare plan.
1.12 Any cost of any premium for any Employer-offered employee or famity insurance
coverage in excess of the dollar amounfs stated in this Section shall be paid by the
empioyee through payroll deduction.
•
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ARTICLE 17. EMPLOYEE BENEFITS {continued}
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 1 Benefit Eliaibilitv for Emolovees who Retire Before Aae 65
1.1 Em�lovees hired into Distsict service before Julv 1. 1996, must have completed the
foliowing service eligibil"ity requirements v�ith independent School District No. 625 prior to
retirement in order to be eligible for any payment of any insurance premium contribution
by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paui Teachers Retirement
Association or other public employee retiree program at the time of retirement and
have sevesed the employment retationship with lndependent Schoo! District 625;
B.
C.
D.
E.
1.2
1.3
Must be at least fifty-five (55) years of age and have completed twenty-five (25)
years of service, or;
The combination of their age and their years of service must equal eighty-five (85)
or more, or;
Must have completed at least thirry (30) years of service, or;
Must have completed at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paui will continue to be counted toward
meeting the service requirement of this Subdivision 1.1 B, G or D, but not for 1.1 E.
Emolovees hired into District service after Julv 1. 1996. must have compieted twenty (20)
years of service with Independent School District No. 625. Time with the City of Saint
Paul wili not be counted toward this twenty (20)-year requirement.
Eligibility requirements for aii retirees:
A. A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent Schooi District No. 625
employee and eligible for and is enroiled in the Independent School District No.
625 heaith insurance program, or in any other Empioyer-paid heaith insurance
program.
�
C.
�
Additio�al dependents beyond those designated to the Disuict at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
Employees terminated for cause will not be eligible for employer contribution
toward insurance premiums for either pre-age 65 or post-age 65 insurance
coverage.
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ARTICLE 17. EMPLOYEE BENEFITS (continued) �
Subd. 2. Emplover Contribution Levels for Emolovees Retirina Before Aae 65
2.1 Health Insurance Employer Contribution
The District will for the period of this Agreement provide employees who meet the
eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term
of this Agreement, and until such employees reach sixty-five (65) years of age, such
health insurance premium contributions up to the same dollar amount as were made by
the District for heaith insurance for single or family coverage by that carrier, for an
emptoyee under this Agreement, in his/her last month of active employment. fn the event
new carciers repiace those in place at execution of this Agreement, the dollar amounts
being paid for singie or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any empioyee who is receiving family
coverage premium contribution at date of retirement may not later ciaim an increase in
the amount of the Employer obiigation for single coverage premium contributions to a
carrier after deleting family coverage.
22 Life Insurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 12
above, premium contributions for eiigible retirees for $5,000 of I'rfe insurance only until
their 65th birthday. No life insurance will be provided, or premium contribu6ons paid, tor
any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eligibil'rty for Emplovees After Aae 65 •
3.1 Emolovees hired into the District before Julv 1. 1996. who retired before age 65 and are
receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer
premium contributions for health insurance described in Subd. 4 of this Article.
32 Emplovees hired into the District before Julv 1. 1996, who retire at age 65 or older must
have completed the eligibility requirements in Subd. 1 above or the following eligibility
requirements to receive District contributions toward post-age-65 health insurance
premiums:
A. Employees hired before January 1, 1987, must have remained continuously
Biil�iiuj%@"u� `Vy i�'iB viSiti�:i. f'�i SuCi� 8Tii�'i��iyEES 'vi cailjr icaii2cS- :5%iw- iiuL'0 ��:..
completed at ieast twenty (20) years of service with the District at the time of their
retirement, the Employer will discontinue providing any health insurance contributions
upon their retirement or, in fhe case of early refirees, upon fheir reaching age 65.
B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have
completed twenty (20) years of continuous employment with the District. For such
employees or earry retirees who have not completed at least twenty (20) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul eamed prior to July 1, 1996,
wili continue to be counted toward meeting the District's service requirement of this Subd.
3. Civil service time worked with City of Saint Paul after May 1, 1996, wili be considered a
break in District employment.
•
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� ARTICLE 17. EMPLOYEE BENEFITS (continued)
3.3 Emplovees hired on or after JuN 1. 1996, shall not have or acquire in any way any
eligibility for Empioyer-paid health insurance premium contribution for coverage in
retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after
July 1, 1996, shall be eligibie for oniy eariv retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emolover Contribution Leveis for Retirees After Age 65
4.1 Emolovees hired into the District before Juiv 1. 1996 and who meet the eligibility
requirements in Subdivisions 3.1 or 3.2 of this Articie are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District.
Premium contributions for such policy wiil not exceed:
Coverage Twe
Medicare Eligible
Non-Medicare Eligible
Sinale Famiiv
$300 per month $400 per month
$400 per month $500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions spec'rfied must be paid directly
and in full by the retiree, or coverage wiil be discontinued.
Subd.5. Em�lovees hired after Julv 1. 1996, after completion of three (3) fuli years of
consecutive active service in Independent Schooi District No. 625, are eligible to
• participate in an empioyer matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District will match up to $50 per paycheck up to $500 per year of
consecutive active service, up to a cumulative i'rfetime maximum of $12,500. Part-time
employees working hatS-time or more will be e{igible tor up to one halt (50%) ot the
availabie District match. Approved non-compensatory leave shall not be counted in
reaching the three (3) fuli years of consecutive active senrice, and shall not be considered
a break in service. Time worked in the City of Saint Paul will not be counted toward this
three (3)-year requirement.
Federal and state rules governing participation in the Minnesota Deferred Compensation
Plan shall apply. The empioyee, not the District, is solely responsible for determining
his/her total maximum allowabie annual contribution amount under IRS regulations. The
empioyee must initiate an application to participate through the District's specified
procedures.
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18.1 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 eligibie for such
reimbursement, employees must receive authorization from the District Mileage
Committee utifizing the fol(owing pian:
ARTICLE 18. MILEAGE
PLAN A. Effective rate approved by the Board of Education or 31 ¢ per mile, whichever is
greater. In addition, a maximum amount which can be paid per month is established by
an estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the experience of
another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip made.
ARTICLE 19. SEVERANCE PAY
19.1 The Employer shall provide a severance pay program as sei forth in this Article. Payment
of severance pay shall be made within the tax year of the retirement.
192 To be eligible for the severance pay program, the empioyee must meet the following
requirements:
�
192.1 The empioyee must be fifty-five (55) years of age or older or must be eligibie for
pension under the "Rule of 90' provisions of the Public Empioyees Retirement
Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall also .
apply to employees covered by a public pension plan other than PERA.
192.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this severance
pay program.
19.3 If an employee notifies the Human Resource Department three (3) months in advance of
the date of retirement and requests severance pay and if the employee meets the
eligibility requirements set forth in 19.2 above, he or she will be granted severance pay in
an amount equal to $75 pay for each day of accrued, unused sick leave, up to 200 days.
i9.3.1 If an employee nofrfies the Human Resource Department in less than three (3)
months in advance of the date of retirement and requests severance pay and 'rf
the employee meets the eligibility requirement set forth above, he or she will be
granted severance pay in an amount equai to $65 pay for each day of accrued,
unused sick leave up to 231 days.
i9.32 If art empioyee has a sudden itiness�njury necessitating immediate retirement,
and if the employee meets the eligibility requirements set forth above, he or she
will be granted severance pay in an amount equal to $75 pay for each day of
accrued, unused sick leave up to 200 days.
19.4 The maximum amount of money that any employee may obtain through this severance
pay program is $i5,000.
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•
ARTICLE 19. SEVERANCE PAY (continued)
19.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, if the employee would have met all of the
requirements set forth above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
19.6 For the purpose of this severance pay program, a
District No. 625 employment to City oi Saint Paul
separation of employment, and such transferee shall
program.
ARTICLE 20. DISCIPLINE
20.1
20.2
20.3
transfer from Independent Schooi
employment is not considered a
not be eligible for this severance
The Employer will discipline empioyees for just cause only. Discipiine will be in the form
of:
20.1.1 Oral reprimand;
20.1.2 Written reprimand;
20.1.3 Suspension;
20.1.4 Reduction;
20.1.5 Discharge.
A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the
employee and the Union seventy-two (72) hours after such action is taken.
Employees and the Union wiii receive copies of written reprimands and notices of
suspension and discharge.
20.4 Employees may examine all information in their Employer personnei file that concerns
work evaluations, commendations and/or discipiinary actions. Files may be examined at
reasonable times under the direct supervision of the Employer.
20.5 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension,
demotion, or discharge, the supervisor will make a recommendation to his/her supervisor
regarding proposed discipline. That supervisor will then schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee
shail have the opportunity to have union representation present and be provided the
opportunity to speak on his/her behalf regarding the proposed action. If the empioyee is
unable to meet with the supervisor, the empioyee andlor union wiil be given the
opportunity to respond in writing.
20.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a Union representative be present.
20.7 Empioyees who are suspended, demoted or discharged shall have the right to request
that such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 21 (Grievance Procedure); as an aiternative option, such empioyee
can request a review, consistent with Minnesota Statute § 179A.20, Subd. 4. Once an
employee, or the Union acting in the empioyee's behalf initiates review in one forum, the
matter shali not be again reviewed in another forum. Oral reprimands shali be subject to
the grievance review procedures through Step 3 only.
An employee who elects the contractual grievance procedure as the forum for review of a
disciplinary action has not thereby waived any rights secured to him/her under Minnesota
Statute § 197.46, other than the choice of forum tor review.
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ARTICLE 21. GRIEVANCE PROCEDURE
21.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shail notify
the Employer in writing of the names of the stewards and of their successors when so
named.
212 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no loss of pay when a grievance is processed during
working hours provided the steward and the empioyee have nofrfied 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.
21.3 The procedure estabiished by this Article shall be the sole and exclusive procedure,
except for the appeai of disciplinary action as provided by Articie 7, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement. A grievance shall be resoived in conformance with the following procedure:
�
Ste� 1. Upon the occurrence of an aileged violation of this Agreement, the employee
invoived shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resoived to the employee's satisfaction by the informal
discussion, it may be reduced to writing and referred to Step 2 by the Union. The written
grievance shail set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the Agreement violated, and the relief requested. Any aileged
violation of the Agreement not reduced to writing by the tJnion within fourteen (14) �
calendar days of the first occurrence of the event giving rise to the grievance shall be
considered waived. At this step only, an extension of seven (7) additional calendar days
shatl be granted automatically'rf requested by the Business Representative or steward.
Steo 2. Within fourteen (14) calendar days after receiving the written grievance, a
designated Employer supervisor shail meei with the Union steward and attempt to resolve
the grievance. If, as a result of this meeting, the grievance remains unresolved, the
Employer shali reply in writing to the Union within fourteen (14) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14)
calendar days foilowing receipt of the Empioye�s written answer. Any grievance not
referred in writing by the Union within fourteen (14) calendar days following receipt of the
r GiTij�iGyc�ru 3fiSW8f 5:�2.�� ..�'2.^,..^S:eio��i wgn;gri� ,
Steo 3. Within fourteen (14) calendar days foilowing receipt of a grievance referred from
Step 2, a designated Empioyer supervisor shall meet with the Union Business Manager or
designated representative and attempt to resolve the grievance. Within fourteen (14)
calendar days foUowing this meeting, the Employer shall reply in writing to the Union
stating the Employers answer conceming the grievance. If, as a resuft of the written
response, the grievance remains unresolved, the Union may refer the grievance to Step
4. My grievance not referred in writing by the Union to Step 4 within fourteen (14)
calendar days following receipt of the EmployePs answer shall be considered waived.
•
26
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• ARTICLE 21. GRIEVANCE PROCEDURE (continued)
Steo 4. if the grievance remains unresolved, the Union may within fourteen (14) calendar days
after the response of the Employer in Step 3 by written notice to the Employer, request
arbitration of the grievance. The arbitration proceedings shail be conducted by an
arbdrator to be selected by mutuai agreement of the Empioyer and the Union within
fourteen (14) calendar days after notice has been given. If the parties faii to mutualiy
agree upon an arbitrator within the said fourteen (14)-day period, either party may request
the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the
Empioyer and the Union shali have the right to strike two (2) names from the panel. The
Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The
process wili be repeated and the remaining person shall be the arbftrator.
21.4 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 oniy the
specific issue submitted in writing by the Employer and the Union and shail have no
authority to make a decision on any other issue not so submitted. The arbitrator shali 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
ot the hearing or the submission of briefs by the parties, whichever be later, untess the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shali be tinai and binding on the
Employer, the Union, and the employees.
21.5 The fees and expenses for the arbitrator's services and proceedings shail be borne
� equaliy 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 be made, providing it pays for
the record.
21.6 The time limits in each step of this procedure may be extended by mutuai agreement of
the Employer and the Union.
21.7 It is understood by the Union and the Employer that if an issue is resolved at any step by
this grievance procedure, that issue shall not again be submitted for review under the
provisions of the Rules and Regulations of Civil Service. It is further understood that if an
issue is submitted and resolved at any step by the grievance procedure under the Civil
Service Rules and Regulations, It shall not be submitted for review and arbitration under
procedures set forth in this Articie.
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ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-down, stay-in or other concerted interterence with the Employer's business
or affairs by said Unions and/or the members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise.
22.2 No lockout, or refusal to ailow employees to pertorm available work, shall be instituted by
the Employer and/or its appointing authorities during the I'rfe of this Agreement.
ARTICLE 23. NONDISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equaily without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
C�
232 Empioyees wili pertorm their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public. �
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� ARTICLE 24. TERMS OF AGREEMENT
24.1 Comolete Aoreement and Waiver of Bargaining. This Agreement shall represent the
complete Agreement beriveen the Union and the Employer. The parties acknowiedge
that during the negotiations which resutted in This Agreement, each had the unl'mtited right
and opportun"ity to make requests and proposais with respect Yo any subject or matter not
removed by law from the area of collective batgaining, and that the Complete
understandings and agreements arrived at by the parties after the exercise of that right
and opportunity are set forth in this Agreement Therefore, the Empbyer and the Union,
for the lite of this Agreement, eaah voluntan"ly and unquat'�t'iedty waives the right, and each
agrees that the other shal! not be obfigated to bargain Cotlectively with respect to any
subject or matter referred to or covered in this Agreement.
24.2 Savinas Ciause. This Agreement is subject to the laws of the United States, the State of
Minnesota, and the City of Saint Pau(. In the event any provision of this Agreement shail
hoid to be contrary to law by a court of competent jurisdiction from whose final judgment
or decree no appeai has been taken within the time provided, such provision shall be
voided. Ail other provisions shall continue in fuli force and effect.
24.3 Terms of Aareement. Except as herein provided, this Agreement shali be eHective as of
Jufy 1, 2000, and shall continue in fuit force and effect through the 30th day of June 2002,
and shali be automatically renewed from year to year thereafter uniess edher party shall
notify the other in writing at least sixty (60) days before the terminafion of this Agreement
that it desires to modify or terminate this Agreement. in witness thereof, the parties have
caused this Agreement to be executed as signed and dated below.
24.4 This constitutes a tentative Agreement between the parties which will be recommended
by the District Negotiations and Labor Relations Manager, but is subject to the approval of
• the Board of Education, and is also subject to rat'rfication by the Union.
W ITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
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Date
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APPENDIX A: 2000-2002 WAGES
The hourly wage rates and salary ranges for class'rfications in this unit are effective
July 1, 2000, as foliows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engi�eer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services Worker
Custodian*
Trainee
(Custodian-Engineer)
Probationary
Rate
$11.02
Probationary
Rate
$15.10
Entrv
$924
Probationary
Rate
$19.32
18.65
18.05
Base
Rate
$20.29
19.66
19.06
17.59 18.60
1723 17.97
Base After After
Rate 1 vear 2 vears
$11.57 $12.58 $13.36
Base
Rate
$1626
After After
6 Months 1 Year
$10.71 $12.18
After
18 Manths
$13.64
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
emp!oyee sha!! be �2�d at the "�se F3ate' houdy rate, Employees oromoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the emptoyee must complete a promotional probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
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APPENDIX A: 2000-2002 WAGES
The houriy wage rates and saiary ranges for cfassrfications in this unit are effective
June 30, 2001, as foliows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services W orker
Custodian'
Trainee
(Custodian-Engineer)
Probationary
Rate
$11.35
Probationary
Rate
$15.55
Entrv
$9.52
Probationary
Rate
$19.90
1921
18.59
18.12
17.75
Base
Rate
$11.92
Base
Rate
$16.75
After
6 Months
$11.03
Base
Rate
$20.90
2025
19.63
19.15
18.51 _ - -
After After
1 vear 2 vears
$12.95 $13.76
After After
1 Year 1g Months
$12.54 $14.05
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the `Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shall be paid at the "Base Rate" houriy rate. Employees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the employee must compiete a promotional probation
period.
Temporary employees shali be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
31
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APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE �
The purpose of this Appendix is to state cleariy the intent of the parties regarding procedures
which will be used to call and/or assign employees in the unit for overtime work during the term of
the 2000-2002 Labor Agreement.
These procedures shall become effective beginning with the first full month after the Board of
Education adoption of the 199&2000 Labor Agreement. Renewal, revision, or continuation of
these provisions will occur only "rf the parties so agree. Absent such agreement, the provisions of
this Appendix B terminate June 30, 2002.
Section 1 Qual'rfied Emolovees
A qualified person for all provisions of this policy is a regular fuil-time custodian or facility services
worker, or custodian-engineer who holds the appropriate license for the task, and has
demonsuated satisfactory job perfortnance.
1.1 An empioyee who has spec'rfied physical restrictions which impair his/her abilityto pertorm
a particular overtime task will not be assigned the overtime; for purposes of calling order
he/she will be considered, however, as having worked that overtime.
Section 2. Overtime Within a Buildina
Emp(oyees assigned to a particular building will have the first opportunity to work overtime in that
building. Persons who are interested in working overtime in the building wili be required to sign in
advance. The employees will be piaced on a list in order of District seniority. When a need for �
overtime arises, the qualified most senior employee on the list will be called first unless the
employee has afready worked overtime in that fiscal year. If the qualified most senior empioyee
has already worked overtime in that fiscai year, the next qualified employee on the Iist wiil be
called until all employees in the building have worked overtime. When all employees have worked
overtime, the process wiii be repeated. When an employee is asked to work overtime in the
buiiding and refuses, he/she will be considered as having worked that overtime. ff there are no
empioyees in the building who want to work overtime, then the overtime shall be classified as
District overtime and distributed as described beiow.
2.t When an empfoyee is new(y assigned to a buitding, hislher overtime eligibilify history for
that location will be determined by assigning to hiMher the average of overtime hours
.�w...� a.. .�..e.. s... u a t...� 1 ti� �i... �i�n !.inr nn nf h���rg w at1
-i.iEunov av �aac �v� 3ir $��2i.aca� BfiN�O7E2S-� i:i t 8 ....2. �2. .2.y.. Q�C
andlor refused).
22 The overtime history of each employee will be carried over from year to year in each
buiiding for that building.
Section 3 District Overtime
W hen there is District overtime work to be done on a planned basis (i.e., ft is of a non-emergency
nature), regutar employees assigned as relief staff wilt have the first opportunity to work the
overtime. Qual'rfied relief staff members will be contacted for the overtime work in seniority order
(i.e., most senior first) unless the employee has already worked overtime in that fiscal year. When
a qualified employee who is asked to work overtime refuses the work, helshe will be considered
as having worked that overtime assignment. If there are not sufficient quatified retief staff
empioyees available, qualified employees listed as available for emergency call out will be calied •
by the sarne procedure.
32
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. APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued)
Effective July 1, 1998, the assigned relief staff will no longer have first opportunity to work District
overtime. ln September of each year Facility Operations will allow people interested in working
Districf overtime to sign up to be called. The most senior empioyees in one of three groups, 1)
Faciiity Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for
overtime needed in the group based on seniority order, uniess empioyee has aiready worked
overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses
the work, helshe will be considered as having worked that overtime assignment. !t there are not
sufficient quai'rfied relief staff employees available, qualified employees listed as available for
emergency caii out wiil be called by the same procedure.
Section 4 Mandatorv Overtime
The District retains the right to institute mandatory overtime if there are inadequate volunteers to
meet District needs. The mandatory system requires that the least senior employee who has not
worked overtime will be required to work first and so forth. Should mandatory overtime become
necessary, employees who have voluntarily worked overtime will be credited with the hours they
have previously worked.
Section 5. Emergencv Call Outs
This equalization of overtime does not apply to emergency calf outs requesting that overtime be
worked. A qualified empioyee who is wiiling to accept emergency overtime assignment
immediately upon notification may ask to be listed as availabie. The District will not list an
� employee for emergency call out if the employee has refused overtime work several times, or is
not qualified. The District, in assigning emergency call out, will do so as equitabty as
circumstances permi�
5.1 The District wili periodically provide to the Union a copy of the emergency call-out list, and
a taliy of time worked.
Section 6. Overtime Resultiny from Buiiding/Program Moves
Overtime resufting from moving a program or a staff/student population from one building/location
to another wili be treated as building overtime for staff in the location from which the move
originates. If more overtime workers are needed than the originating location can supply, the
District overtime procedure wiii be used to secure additionai workers.
Section 7 Grievance Process
Art alleged violation ot these procedures can be presented to the Employer by the Union for
review under the grievance procedures of the labor conVact through Step 3, as the finai appeai.
Step 3 review is at the levei of the Superintendent of Schoois, or his/her designee.
•
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APPENDIX C: ENGINEER 2-5 BIDDING
Biddina for location Custodian-Engineer 2-5 Positions
The parties agree to continue the pilot program allowing Custodial Engineer 2-5 employees to bid
on job openings. This pilot will continue for the duration of the 2000-2002 contract, and will not be
automatically extended as part of any successor agreement.
The Office of Facility Operations will post a listing of vacant positions in the job classes Custodian-
Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the
locations of the vacancies. Employees who have been certrfied and appointed to one of the
above listed job classes may bid for an assignment in that same job class at a different location
shown on the posting. Bidding wiil be oniy open to employees who have successfuily compieted
the probationary period and have satisfactory or higher performance ratings for at least the
preceding year. Bids for assignments will be honored in order of class senioriiy in that job class
providing the employee is qualified. This process requires that all Custodial Engineer 2-5
employees who bid be able to satisfactorily pertorm the full range of duties at the bid location from
the onset. With the rights to bid in this pilot process comes the responsibility to fuliy assess the
requirements of tfie location where he/she wouid bid and the strengths and weaknesses that
helshe may have.
a) Vacancies in the specified job classes during the school year wiii be posted
for bidding as they occur.
b) A Custodian-Engineer 2 who is assigned to evening shift must complete
one (1) year as an Engineer 2 before having the right to bid.
�
• If the Custodian-Engineer 2 assigned to evening shift bids on another �
evening shift and is reassigned as a resuit of this bidding process
he/she is not eligible for any further bidding for one (1) year.
• If the Custodian-Engineer 2 assigned to evening shift is reassigned to
a day shift as a resuft of this bidding process he/she is not eligible for
any further bidding for two (2) yeazs.
. If the Custodian-Engineer 2 assigned to day shift is reassigned as a
result of this bidding process helshe is not eligible for any further
bidding for two (2) years.
• An employee wfiose sfi�t is changed signfficantly (by more than finro
[2] hours) on a permanent basis, or whose shift is changed from a
d�ily assignment at one location to more than one location, may bid
once again without waiting the fuil two (2) years.
c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a result of
this bidding process is not eligible for any further bidding for three (3) years.
An employee whose shift is changed signrficantly (by more than two [2]
hours) on a permanent basis, or whose shift is chartged from a daily
assignment at one location to more than one location, may bid once again
without waiting the full iwo (2) years.
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� APPENDIX C: ENGINEER 2-5 BIDDING (continued)
d) Nothing in this provision shall be construed to limit the right of the Employer
to transfer an empioyee to another location without bidding 'rf there is
reason to do so.
e) There wili be no bidding assignments in new buiidings. Custodian-Engineer
vacancies in new buiidings will be listed only to allow employees in that job
class to express interest in being considered by submitting a letter to the
deoartment head.
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2000-2002 MEMOR.4NDUM OF llNDERSTANDING �
REGARDING TRAINING FOR
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 70
This Memorandum of Understanding is by and beiween the Board of Education of Independent
Schooi District No. 625, Saint Paul Public Schools, and intemationai Union of Operating
Engineers, Local No. 70, exclusive representative for custodial service employees in the Saint
Paul Public Schools. The purpose of this Memorandum is to establish a clear understanding of
intent of the parties regarding conditions goveming a premium pay rate for advanced training for
certain classifications of emptoyees in this bargaining und.
Statement of Intent and Puroose
It is the intention of the Empioyer, during the term of this Memorandum of Understanding (through
June 30, 2002) to continue a program of special training for employees who occupy the tities:
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
The purpose of the training wiil be to strengthen the practical management skilis of these
employees, particularly with respect to fulfilling the responsibilities of these particular titles.
It is the desire and intent of the Empioyer that all empioyees who occupy these titles, both
currently assigned and prospectively, will complete this training at the earliest possible
opportunity. The training is designed, prescribed, and provided by the Employer at no cost to the �
employee who has been regularly appointed to a listed titie. The training will be taken during the
employee's own unpaid time.
Effective July 1, 1996:
Engineers who were hired before July 1, 1996, and have not been offered the
advanced training program will receive the premium effective July 1, 1996.
2. Engineers who have aiready completed the required training and qualified for
premium payment, or those engineers granted the premium in #1 above, must
participate in a required refreshedretraining course, if one is offered by the employer,
of one or two sessions every year in order to retain eligibility for premium payment.
The Employer will provide a premium pay factor accordirtg to the totlowing formula for c�rrent and
future employees in these titles who have satisfactorily completed the prescribed training course,
and have delivered to the Office of Plant Planning and Maintenance evidence of such satisfactory
completion.
The premium pay shall become effective with the first full pay period after comple6on of the
training, but shall not be paid until the evidence of satisfactory completion has been received by
the Employer. In no case shali the premium be effective retroactively for more than a three (3)-
month period.
C �
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MEMORANDUM OFUNDERSTANDING
Premium Formuta
Effective Juiy 1, 1996:
(continued)
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Ed�cation
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Premium above ted Rate
90¢ per hour
60¢ per hour
3p¢ per hour
1p¢ per hour
Emplovee Newiv AoDOinted to Titie
An empioyee newly appointed to one of these tities after tha adoption of this Agreement will be
granted premium payment as follows:
If the training course for a newly appointed engineer is less than six (6) months in
length, the engineer will receive the fuil premium effective with the first fuil pay period
after satisfactory compietion of the course.
If the training course is more than six (6) months in length, the engineer in training wiii
be eligibie for fifty percent (50%) premium payment effective with first full pay period
after satisfactory completion of one-haif (1/2) of the training program.
�
�
Shouid the empioyee fait to satisfactorily complete the itaining within the Gme periods estabiished
for the course, the partial premium payment will be discontinued and no premium will be paid until
such time as the satisfactory completion has been accompiished.
Evidence of satisfactory compietion shaii have been delivered by ihe employee to the Office of
Piant Planning and Maintenance before the partial or full premium can be paid, and retroactive
adjustment shall not exceed 2hree (3) months.
This Memorandum of Understanding shaii be effective as of July t, 2000, and shall expire on
June 30, 2002.
INDEPEN�JENT SCHOOL DISTRICT
NO. 625
37
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9 i� -rT0
pate
6!-1 9a
INDEX
A
Adoption Leave
B
16
P
PremiumPay .............................................12
Premium Pay for Shift Differential ..............12
R
Bidding ....................
Bidding for Location
C
�
Call-in Pay .................................................12
Court Duty ..................................................18
D
Discipiine
Dues.......
E
Equalization of Overtime
F
Fair Share ..........................
Family Medical Leave.......,
Fiexible Spending Account
G
25
.. 3
13, 32
.. 3
16
20
Recail From Workforce Reductions .............7
Retirement Heaith Insurance .....................21
S
Safety Shoes ..............................................14
Sen iority ....................................................... 6
Seniority for Bidding On Location ................8
Seniority for Sfiiff Setection ..........................9
Seniority Termination ...................................9
Severance Pay ...........................................24
Shop Steward ..............................................2
Sick Child Care ..........................................15
Sick Leave .................................................15
Sick Leave - Medicai Verification ...............16
Sick Leave Conversion ........................10, 17
Sick Leave Incentive ..................................17
Sick Leave Requests .................................16
Speciai Duty Pay ........................................12
Strike ........................................... ••-------......28
Grievance Procedure .................................26
H
Health Insurance
Holidays .............
Hours .................
T
Temporary Employment ..............................4
19 Temporary Employment Casuai Service .....4
11 Temporary Employment Extended Service.5
12 Temporary Employment Short-Term...........4
Training ...................................................... 36
L
Leave of Absence ......................................15
Life Insurance ............................................20
Lockouts.................................................... 28
�o� �yav�:y Pay ............................................ :3
Long-Term Disability ..................................20
M
MaternitylParental Leave ...........................17
Mi leag e ...................................................... 24
Military Leave Of Absence .........................18
N
Nondiscrimination ...................................... 28
O
Overtime
ik3
U
Uniforms ....................................................14
Union Membership .......................................3
Union Rights ................................................2
Union Stewards ............................................2
V
Vacation.....................................••.............. t 0
W
Wages .................................................30� 31
Work Interference ......................................28
Work Schedule ..........................................12
Working Out of Classification ....................13
\ J
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38
Q�I�I���
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # O �-14a.
Green Sheet # 106826
�
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
JuIy 1, 2000 through June 30, 2002 EmpIoyment Agreement between the Independent School District
No. 625 and Tnternational Union of Operating Engineers Local No. 70, Exclusive Representative for
4 Custodians.
Yeas Na s Absent
Benanav �
Blakey
Bostrom �
Coleman �i
Harris �
Lantry �/
Reiter V/
c
Requested by Departcnent of:
Office of Labor Relations
7 �
Y� � �
/
Form App� ed by Ci Attorn y
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By: � �
u
Adopted by Council: Date ��� \�-}� pp �` Approved by,lVIayor for Submission to Council
Adoption Certified by Council Secretary By: fX' liy !'r� �C/( ��
C -�� ,�--.,-- �� ;
B -'� �
Approved by Mayor. Date' ;VI�(Miv� ��I Z� �
BY� '�in�.. �/nM �+/ �
��rcivv
�
DEPARTMENT/OFFICFJCOUNCIL: DATE 1NITIATED D, -iqS
LABOR RELATTONS February 21, 2001 GREEN SHEET No.: 106826
CONTACI' PERSON & PFIONE: � IN177AL/DATE INITTAL/DATE
JLTLIE KRAUS 266-6513
ASSIGN I DEPARTMENC DIR. 4 CITY COUNCIL
TIpMgEg 2 CITY ATTORNEY CITY CLERK
e�ti7ST BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf D[R. FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL'� OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATORE)
ncnoN�QUesrEn: This resolution approves the July 1, 2000 through June 30, 2002 Employment Agreement
between Independent School District No. 625 and Intemational Union of Operating Engineers Local No. 70,
Exclusive Representative for Custodians.
RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS: .
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/fim� ever worked wder a contract for this depaztmen[?
_CIB COMMITTEE Yes No
STAFF 2. Has this person/ficm ever been a city employee?
DISTRICT COURT Yes No
SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this persoNfirtn possess a skili not nortnally possessed by any cucrent city employee?
Yes No
Explain all yes aoswers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSOE, OPPORT[JNI7'1 (Who, W6ay When, Where, Why):
ADVANTAGESIFAPPROVED:
This resolution pertains to Board of Education employees only.
DISADVANTAGES IF APPROVED�
DISADVANTAGES [F NOT APPROVED:
TOTAL AMOl7N"I' OF'I'RANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: AGTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
eit.�e:��?l � ' �ilv ° ��' lSaii'sli".`:3zG1
Y, k ; i�i } j
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INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE:
August 15, 2000
a�_���
TOPIC: Approval of Empioyment Agreement Between Independent School District
No.625, Saint Paul Public Schools and International Union of Operating
Engineers, Local No. 70, Exclusive Representative for Custodians
A. PERTINENT FACTS:
�
1. New Agreement is for a two-year period from July 1, 2000, through June 30, 2002.
2. Contract changes are as follows:
Waaes: Effective January 1, 2000, increase wage schedule 3%. Effective June 30, 2001,
increase wage schedule 3%.
Insurance: The insurance premium contributions by the District are increased from the current
insurance caps of $220 for single coverage and $395 for family coverage will increase as follows:
Sinale Fami�v
Effective January 1, 2001 $240.00 $425.00
Effective January 1, 2002 $265.00 $445.00
Lonaevit� Effective July 1, 2000, increase longevity pay for employees who have twenty years of
service from $.10 to $.25 per hour. Change eligibility for longevity from the employee's
anniversary date to July 1.
Retiree Health Insurance: Employees who are terminated for cause will not be eligible for pre or
post-age-65 health insurance.
everance: Employees who provide three months notification prior to retirement will receive $75
for each day of earned, unused sick leave up to a maximum of $15,000. if notification is Iess than
three months, the amount paid per day is reduced to $65. The pre-notification requirement is
waived in instances of sudden illness of an employee or immediate family member.
Attendance Incentive: Expanded attendance incentive so that employees who qualify for one
additional vacation day by maintaining pertect attendance September through May will be eligible
to earn one additional vacation day if they maintain perfect attendance June through August.
3. The District has 266 FTE's in this bargaining unit.
4. The maintenance of buildings promotes a quality learning environment that supports the teaching
target of preparing all students for life.
5. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; and William Larson, Deputy Superintendent.
RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the Agreement
concerning the ierms and conditions of employment for International Union of Operating Engineers,
Local No. 70, in this school district; duration of said Agreement is for the period of July 1, 2000,
through June 30, 2002.
D 1- �`��'
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�000 � �00�
LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
and
•
INTERNATIONAL UNION OF
OPERATING ENGINEERS
LOCAL 70
Term: July 1, 2000 through June 30, 2002
•
�' Saint Paul Public Schools
L 1 F E L 0 N G L E A F N 1 N G
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TABLE OF CONTENTS
TITLE
Preambie...........................................°°°--................---°-----.............
Recognition ...................................................................•-�--...............
Defi n itions..... °--°--- •--...-°-°--° ° .....................° ° ° °--..............---.........
Union Rights .................................................................................�--�
ManagementRights .........................................................................
Temporary Employment ...................................................................
Seniority............................................................................................
Vacation............................................................................................
Hol idays ...........................................�--..............................................
Hours and Premium Pay ..................................................................
Working Out of Classification ...........................................................
Supervisory Assignment ...................................................................
Uniforms ...........................................................................................
Leaves of Absence ...........................................................................
Military Leave of Absence ................................................................
CourtDuty ........................................................................................
WageSchedule ........................................................�---....................
EmpioyeeBenefits ............................................................................
Mileage ............................................................................................
Severance ................................................................................
Discipline.........................................................................................,
Grievance Procedure .......................................................................,
Strikes, Lockouts, Work Interterence ...............................................
Nondiscrimination .............................................................................
Terms of Agreement .......................................................................
AppendixA: Wages ......................................................................
Appendix B: Equalization of Overtime ...........................................
Appendix C: Engineer 2-5 Bidding .................................................
Appendix D: Memorandum of Understanding:
Regarding Training .............................�----�--..............
Index ................................................................................................
PAGE
.......... iv
...........1
...........1
............2
°°°°--..3
............4
............6
..........10
..........11
..........12
..........13
..........13
..-°--...14
..........15
..........18
..........18
..........18
..........19
......24
.....28
.....28
.....29
.....30
.....32
..... �
36
38
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This Agreement is by and between Independent School District No. 625 and Locai Union
No. 70, Intemationai Union Of Operating Engineers, AFL-CIO.
This Agreement has been entered into between Independent Schooi District No.625,
hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating
Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the
promotion of harmonious relations between the Employer and the Union, the establishment of an
equitable and peacetul procedure for the resolution of differences and the establishmerrt of rates
of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge
that they shall pursue the above objectives in fuli compliance with the requirements of the Public
Employment Labor Relations Act of the State of Minnesota of 1971, as amended.
�
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iv
06-1��
� ARTICLE 1. RECOGNITION
1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, hours, and other conditions of employment for
all of its employees as outlined in the cert'rfication by the State of Minnesota Bureau of
Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows:
Aii regular, probationary, and provisional engineering and building maintenance
personnel who are empioyed by Independent School District No. 625, and whose
employment service exceeds the lesser of 14 (fourteen) hours per week or thirty-
five percent (35%) of the normal workweek and more than siuty-seven (67)
workdays per year in the foilowing ciass'rfications:
Custodian-Engineer 5, Board of Education,
Custodian-Engineer 4, Board of Education,
Custodian-Engineer 3, Board of Education,
Custodian-Engineer 2, Board of Education,
Custodian-Engineer 1, Board of Education,
Facility Services Worker,
Trainee (Custodian-Engineer)
Custodian*,
Custodial Worker';
excluding supervisory, managerial, clerical, confidential, and temporary
employees, those exciusively represented by other labor or employee
organizations, and all other employees.
12 The parties agree that any new ciassifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall be
recognized as a part of this bargaining unit, and the parties shall take all steps required
• under the Public Employment Relations Act to accompiish said objective.
1.3 Temporary employees are recognized as within the unit covered by this Agreement,
however, except as specifically provided by this Agreement (see Article 4), temporary
employees shali not have nor acquire any rights or benefits other than specifically
provided by the provisions of the Civil Service Rules.
ARTICLE 2. DEFINITIONS
2.1 Collective Baraainina. The Employer will bargain coilectively with the Union with respect
to rates of pay, hours, and other conditions pertaining to employment for all of the
emptoyees in the unit hereinbefore set forth.
22 Maintenance of Standards. The Employer agrees that all conditions of employment
relating to wages, hours of work, overtime differentials, vacations, and general working
conditions shall be maintained at not less than the highest minimum standard as set forth
in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250), at the time of the
signing of this Agreement, and the conditions of employment shall be improved wherever
spec'rfic provisions for improvement are made elsewhere in this Agreement.
2.3 Discrimination. The Employer will not intertere with, restrain or coerce the employees
covered hy this Agreement because of inembership in or activity on behalf of the Union.
The Employer will not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any employee covered by this Agreement because of
membership in or activity on behalf of the Union, nor will it discourage or attempt to
discourage membership in the Union, or attempt to encourage membership in another
Union.
• `Abolished except as to present incumbents.
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ARTICLE 3. UNION RIGHTS
3.1 The Union may designate empioyees within the bargaining unft to serve as Union
Stewards and shall be required to administer this Agreement.
32 The Union shall furnish the Employer and appropriate department heads and District
Negotiator with a list of Stewards and aitemates, and shall, as soon as possible, notify
said appropriate District officials in writing of any changes thereto. Only those who are
Officers and Stewards shall be recognized by the Empioyer for the purpose of ineetings.
3.3 There shall be no deduction from the pay of a Steward when directly involved in meetings
with management relating to the administration of this Agreement during working hours.
3.4 Designated Union representatives shall be permitted to visit empioyees on job sites and
at department buildings during working fiours for the purpose of tfie administrafion of fhis
contract, so long as the Union representative does not interfere with the compietion of the
employees' job duties.
3.5 Shoo Steward. The Chief Steward or Assistant Chief Steward in the District will be
allowed to accompany an empioyee to meet with the Employer during regular working
hours for the purpose of grievance review and dispute resolution involving employees,
under the following conditions:
3.5.1
3.52
3.5.3
3.5.4
3.5.5
That only one employee from any one department be allowed to leave his/her
work.
That stewards wiil attend these meetings on their own time when they are held
outside of regular working hours.
That adequate notice is given to the supervisors so that permission may be
obtained from the Facility Operations Office.
That the steward has officialiy been designated as such by the Union.
Only the chief or assistant chief steward shall be excused for participation in
grievance and/or dispute resolution meetings.
3.6 A maximum total of eighty (80) hours without loss of pay per contract term will be allowed
for the combined use of a ma�cimum of four (4) shop stewards to participate in contract
i�ct�jviiaiivi�S� �Ti2uiuiiGiy vf H �Tic2tii�C�S�'rV�iiC~ uP2 ii�c��-fj.:^�:CJ' .~� �8y ::'.
hours of any of the stewards. It is understood that Union and the Employer wili, to the
greatest e�ctent possible and reasonable, schedule such meetings outside regular
working hours, and stewards will attend the meetings when this is the case on their own
time.
3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay
for one (1) week to attend such convention. Vacation or compensatory time may be used
for this purpose. The Union shali give at least ten (10) working days' advance notice of
the employees who will be participating in such conventions.
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• ARTICLE 3. UNION RIGHTS (continue�
3.8 Dues. Fair Share
3.8.1 Dues. The Empioyer agrees to deduct the Union membership initiation fee
assessments and once each month dues from the pay of those employees who
individual(y request in writing that such deductions be made. The amounts to
be deducted shall be cert'rfied 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 possibie.
3.8.2 Fair Share. Any present or future empioyee who is not a Union member shall
be required to contribute a fair share fee for services rendered by the Union.
Upon notification by the Union, tfie Employer shail check off said iee 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 legai.
3.8.3 The Union wili indemnify, defend, and hold the Empioyer harmless against any
claims made and against any suits instituted against the District, its officers or
empioyees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The District wiil indemnify, defend, and hold the
� Union harmless against any claims made and against any suits instituted
against the Union, its officers or empioyees by reason of negiigence on the part
of the Employer in making or forwarding deductions under this Article.
3.8.4 The Empioyer wili notify the Union in writing of all new employees covered by
this Agreement within a reasonable time period of the employee's first day of
work. The Employer will notify the Union at regular intervals regarding
employee status changes, including unpaid leave, promotion, demotion,
resignation, layoff, and/or retirement.
ARTICLE 4. MANAGEMENT RIGHTS
4.1 The Union recognizes the right of the Empioyer to operate and manage its affairs in ail
respects in accordance with applicabie laws and regulations of appropriate authorities.
The rights and authority which the Empioyer has not officialiy abridged, delegated or
modified by this Agreement are retained by the Emptoyer.
4.2 A public employer is not required to meet and negotiate on matters of inherent manageriai
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 ot technoiogy, and
organizational structure and selection and direction and number of personnel.
•
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ARTICLE 5. TEMPORARY EMPLOYMENT
The District and Union acknowledge three types of temporary employment: Casual Service,
Short-term Service, and Extended Service. All persons employed in any temporary status or any
extension of temporary service must knowingly consent to such e�ctension and complete a
Temporary Empfoyment Certification Form acknowfedging the temporary nafure of fhe
assignment. All persons empioyed in any temporary status will be members of the bargaining unit
foliowing the completion of sixty-seven (67) workdays, and have the terms and conditions of
employment set forth in this Article. An extension of temporary assignment does not create any
continuing employment rights for the temporary empioyee.
5.1
52
Casual Service Temoorarv Emplovment
Casual service temporary employment will be characterized by assignments that are Iess
than sixty-seven (67) days in duration, and the terms and conditions of employment are
established solely by the Employer. These are not positions covered by the bargaining
unit. Work assignments wiil typically be overflow work which serves as an extension of,
and not a replacemenf for, the normal workforce of regular employees.
Short-Term Temoorarv Emplovment
52.1 Short-term temporary employment will be characterized by an inftial
employment assignment for up to 1,040 hours. One eutension for up to an
additional 1,040 hours will be permitted. A copy of the completed Temporary
Employment Certification Form signed at the time of the extension will be sent
to the Union.
52.2
52.3
52.4
5.2.5
52.5
Short-term temporary employees will be paid at the current minimum hourly
rate in Appendix A for the job class hired.
Short-term temporary empfoyees wiil receive paid fime off for the named
holidays in Article 8.
There shall be no other access to co�tractual benefits except as specifically
stated in 52.3 above.
Short-term temporary employment work assignmenis typ'�cally will serve as
short-term replacements for positions normaily filled by regular employees.
J aSSiyiuTiEiiw'r4iii fiv�inciij% t'i2 iv �.vtici ivi iii2 iviif3� n�� a.v� �L�l
a)
b)
c)
d)
e)
regular employees on paid leave,
regular employees on �on-compensatory teaves with guaranteed
retum,
vacancies in job ciasses where there is no list of eligible candidates
in place from which to make regular appointments,
positions that are of spec'rfic limited duration of less than iwelve (12)
months in duration,
other similar assignments.
•
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01-19 a
� ARTICLE 5. TEMPORARY EMPLOYMENT (continued)
5.3 Extended Service Temoorarv Empioyment
Extended service temporary employment will be characterized by temporary empioyment
which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature.
5.3.1 If the District determines the assignment for a short-term temporary employee
must be extended beyond 2,080 hours, the assignment wiil be considered an
extended service temporary assignmeni.
5.3.1.1 The District, Union and temporary employee must agree to any short-
term temporary employment that is to be extended beyond 2,080
hours.
5.3.12 The DistriCt, Union and temporary emp4oyee wi41 sign the Temporary
Employment Cert'rfication Form acknowiedging the temporary nature
of the assignment.
5.3.1.3 Upon agreement, the temporary empioyee will be considered an
extended service temporary employee.
5.3.2 Extended service temporary employees will be paid at the current minimum
hourly rate in Appendix A for the job class hired.
5.3.3 Extended service temporary employees wili have access to contractual benefits
as described in 5.3.3.1 through 5.3.3.4 below. The benefits in 5.3.3.1 through
� 5.3.3.4 will be effective the first fuli pay period after the completion of the first
2,080 hours in temporary status and after the signing of the Temporary
Employment Certification Form.
5.3.3.1 Paid sick leave time shali begin to accrue for all hours on the payroll,
based on a formula of .0576 hours time earned for each straight-time
hour on the payroll. Maximum accrual ailowed is 200 hours. There
is no exchange of accrued unused sick leave for cash payment.
5.3.32 Paid personal leave time shall begin to accrue (as vacation), for all
hours on the payroll, based on a formula of .0385 hours time earned
for each straight-time hour on the payroli.
5.3.3.3 The employee shaii have access to paid holidays as provided in the
labor agreement in Article 8, Section 8.5.
5.3.3.4 The empioyee shall be eligible for participation in and Employer
contribution to health care coverage and life insurance coverage as
provided for active regular employees in Articie 17, Section 1.
Temporary empioyees will be required to contact the Benefits Office
to apply for appropriate benefits. No access or benefit beyond these
specified sections is granted or created or intended or impiied. Any
cost of any premium for any District-offered employee or family
insurance coverage in excess of the specified District maximum
contribution limits shall be paid by the employee via payroll
deduction.
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ARTICLE 5. TEMPORARY EMPLOYMENT {continued)
5.3.4 There shall be no other access to contractual benefits except those spec'rfically
stated in 5.3.3 above.
5.3.5 An extended service temporary employee who, through the appropriate merit
based examination procedures, becomes employed as a regular employee
covered by this Agreement during the period of Extended Service Temporary
Employment shall have his/her period of temporary employment in excess of
the initial 1,040 hours recognized toward completion of the probationary service
requirement in the regular appointment.
5.4 None of the provisions of this Articie shall have any retroactive effect for any employee in
any temporary employment status prior to the effective date of this Article, July 1, 1993.
5.5 No access to continuing employment is created or intended by any provisions of this
Article.
ARTICLE 6. SENIORITY
�
6.1 Generai Class SenioriN. Ciass seniority shafl be determined based on the continuous
length of probationary and regular service with the Empioyer (Independent School District �
No. 625, Saint Paul Pubiic Schoois) from the date the employee was first appointed to a
job ciass covered by this Agreement. Ciass seniority shall be understood to be on an
Employer-wide (District-wide) basis within each job class uniess expressly stated
otherwise. In cases where two or more empioyees are appointed to the same class title
on the same date, the seniority shall be detertnined by the employee's rank on the eligible
list from which cert'rfication was made.
6.1.1 It is further understood that only time worked For the Employer (Saint Paul
Public Schools) shali be considered for the purpose of seniority Calculations.
The only exception is for regular employees currently employed by the
Employer as of July 1, 1993, who have accrued time in a job class represented
L�)y t1IE VIIIDII �II $EI Vll'.0 WI 1I IIC V�l� l�i .SG�iti ratii� Fsiivi iv vjiij 1 �QOv F.�.:
those regular employees, the time in such job class with the City of Saint Paul
will continue to be considered as time with the Employer. If, however, the
employee has a break in employment with ihe Employer, (i.e., terminafion,
resignation, retirement) thereafter, 'rf re-employed, only the time following the
employee's subsequent rehire to the Employer will be considered for purpose of
seniority calculation.
6.1.2 An unsuccessful completion of probationary period for a position with the City of
Saint Paul by any employee covered by this Agreement shall not be considered
a break in employment with the Employer. A successfui completion of
probationary period for a position with the City of Saint Paul by any employee
covered by this Agreement shali be considered a break in employment with the
Employer.
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ARTICLE 6. SENIORITY (continued)
6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer
determines that it is necessary to reduce the workforce, employees wili be laid off in
inverse order of class seniority in the job class from which the reduction is to occur. The
Employer must terminate the empioyment of all temporary and provisional empioyees in
that job class before any regular empioyee in thai job ciass is laid off.
6.3 Class SenioriN Determination For Placement Followinq A Workforce Red_uction. For
pur¢oses of this Section, the job c(asses covered by this Agreement (excluding
Custodian-Engineer Trainee and abolished job classes) shall be considered one job class
series. The job class with the highest rate of pay shown in Appendix A shall be the
highest level job class in the series. The job class with the next highest rate of pay shown
in Appendix A shall be the next highest levei job class in the series, and so on down to the
last job class. When the number of employees in higher level job classes is to be
reduced, employees will be offered reductions to the next highest level job ciass, whether
or not the employee previousiy was appointed to such job class, in which class seniority
would keep the employee from being laid off.
It is understood that an employee being reduced shall have that employee's class
seniority in his/her current job ciass (and any appropriate class seniority in any lower level
job class that the employee previously held) used to determine rights to positions at the
time of the reduction. Thereby, employees whose positions are to be reduced shall have
the right to displace employees with less class seniority in that job class. The employee
with the least class seniority in the job class shall then be reduced to the next lowest title
for which the employee has more seniority than the least senior employee in that job
ciass. Employees being reduced shall not have the ability to reduce to abolished job
ciasses shown in Appendix A, unless the employee was previously appointed to such job
class, has no breaks in empioyment since appointed to such job class, and there remain
employees actively empioyed in that job ciass at the time of the layoff.
6.4 Recali From Workforce Reductions Recall from workforce reduction shall be in order of
class seniority within the job class from which the layoff occurred. However, recall rights
shali expire after two (2) years from the date of the layoff.
6.5 Class Senioritv Determination Followina Voluntarv Reduction. In the event that an
employee requests a voluntary reduction to a lower level job class, and such request is
approved by the Human Resource Department for the Empioyer, then the employee's
class seniority in the job ciass to which the employee is being reduced shall be the
continuous length of probationary and regular service with the Employer from the date the
employee was first appointed to the job class in this Agreement to which the employee will
be reduced (this would also inciude any continuous service time in higher levei job
classes covered by this Agreement). if the employee is reduced to a lower levef job ciass
not previously held, then the employee's ciass seniority in the job class to which the
employee is being reduced shall be the continuous length of probationary and regular
service with the Empioyer from the date the employee was first appointed to any higher
level job class covered by this Agreement.
Voluntary reductions will only be approved if the reduction is to a vacant position in a
lower level job ciass. It is understood that the employee will have no reinstatement rights
back to the former higher level job ciass foilowing the voluntary reduction. If the
employee is reappointed to the higher level job class through the appropriate testing and
selection procedures, then the empioyee's class seniority in that job ciass will begin as 'rf
newiy appointed to that job class. No empioyee will have the abiiity to voluntarily reduce
to any of the abolished job classes shown in Appendix A.
•
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ARTICLE 6. SENIORITY (continued)
6.6 Senioritv for Biddina on Location
6.6.1 Biddina for Location. Annually, after the beginning ot the schoo! year, the
Office of Facility Operations wiil post a fisting of vacant positions in the job
ciasses Custodian, Faciiity Services Worker, and Custodian-Engineer 1, with
the iocations of the vacancies. Employees who have been certrfied and
appointed to one of the above listed job classes may bid for an assignment in
that same job class at a different location shown on the posting. Bids for
assignments will be honored in order of ciass seniority in that job class
providing the empioyee is qual'rfied for the assignment No other positions are
posted for bid. Vacancies in new buildings will be open to bidding oniy by
employees who have had satisfactory or higher performance ratings for at least
the preceding year. Custodian-Engineer 1 vacancies in new buildings will be
listed only to attow employees in that job class to express interest in being
considered by submitting a letter to the department head.
a) Additionai vacancies in the spec'rfied job ciasses during the school year will
be similarly posted for bidding at least four (4) additional times during the
year, if there are appropriate vacancies available.
b) An employee who has been reassigned as a result of the bidding process is
not eligible for any further bidding for at least one (1) year. An employee
whose shift is changed signfficantly on a permanent basis, or whose shift is
changed from a daily assignment at one location to more than one location,
may bid once again in the same year.
�
c) Nothing in this provision shall be construed to limit the right of the Employer •
to transfer an employee to another location without bidding if there is
reason to do so.
6.62 When there is a reduction in the number of posftions in a job class at a spec'rfic
buiiding, but the overail number of oositions in the iob class District-wide has
not been reduced, then class'rfication seniority applied District-wide will be used
to determine who is transferced out of that
6.6.3 If any fuli-time empioyee's position at a specific buiiding is eliminated and/or
changed to require the employee be scheduled to regularly pertorm work in two
buildings, the newiy assigned employee wiil:
a� Have thg gm�lp;ag'S �INqg ggnipriT� rgr.n�nZari in tlZg g�nnLi hLiltiinstlsl,
b) Have the employee's class seniority recognized in the new buiiding(s) and
may use such class seniority in the new building(s) assignment for purpose
of displacing the employee with the least class seniority in the same
classification from that employee's scheduled shift, providing the newly
assigned empioyee has more class seniority than the employee being
displaced. Fuli-time employees may not displace part-time employees, and
part-time employees may not displace full-time employees.
c) Retain the right to reclaim that employee's original pasition in the first
location shouid it reopen in the next thirteen (13) months, provided the
empioyee has not accepted a position through any bid process.
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ARTICLE 6. SENIORITY (continued)
6.6.4 A fuli-time empioyee whose position is eliminated and who is assigned to a
"floater" assignment in the employee's job class, at that time, shall have the
right to displace the least senior employee in the same job ciass who holds a
buildng assignment. If a"fioate�' position remains as an available vacancy, the
dispiaced least senior employee can be reassigned to a"fioate�' position in the
same job ciass.
A full-time empioyee whose position is eliminated and who is placed in an
assignment in the employee's job class that is more than two (2) hours different
than the shift assignment prior to the position elimination, at that time, shall
have the right to displace the least senior employee in the same job class who
holds a shift assignment that is within two (2) hours of the shift assignment prior
to the position elimination. If a"iloater' position remains as an availabie
vacancy, the displaced least senior employee can be reassigned a"floate�'
position in the same job class.
6.7 Senioritv for Shift Selection
6.7.1 All shifts and work areas are determined by the Employer. Nothing in this
Section 6.7. should be construed to limit the right of the Employer (department
head or designee) to change an employee to another shift or work area if there
is reason to do so.
6.7.2 There is no building seniority status for the purpose of bidding on locations or
shifts.
6.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by
� the Employer, and is pianned to continue for more than ihiriy (30) working days,
ten shift assignment for employees in that building in the classification of the
adjusted shift shail be re-bid. Class seniority shall be the determining factor, so
long as the employee is qualified and abie to perform the duties of the
assignment.
L J
6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in
the building. Plant Planning and Maintenance will review and determine any
schedule or classification change, and whether the vacancy will be filled. If the
vacancy is to be filied, the pasition will then be offered for location bid pursuant
to Section 6.6.1 of this Articie.
6.7.5 W hen a shift change of more than four (4) hours occurs in a position or severai
positions, then the position(s) shail be offered for bid pursuant to 6.6.1 of this
Article. An employee displaced by the re-bid shall be eligible to bid for any
other vacancy in that year even if the employee had successfuily bid earlier in
the same year prior to being dispiaced.
Senioritv Termination. AI{ seniority shali terminate when an employee retires, resigns or is
terminated.
SenioriN Consolidation. Effective August 1, 1993, the job classes Custodian� and Facility
Services Worker will be treated as a singie job ciass for purposes of:
�
6.9.1
6.92
6.9.3
6.9.4
Layoff and recall rights determination, except for the limitations on rights to
abolished titles as described in 6.3 of this Articie.
Bidding on work location as described in 6.6 of this Articie
Bidding on shift selection within a location as described in 6.7 of this Article.
Job assignment as determined by the Employer within any location .
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7.4.1 There shatl be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as described in Article 19.
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ARTICLE 7. VACATION
7.1 Vacation credBs shall accumulate at the rates shown below for each fuli hour on the
payroll, exciuding overtime.
Annuai Hours
of Vacation
Earned Per
Hour on Pavroll
Years of Service
7.2
1 st through 4th year
5th through 9tfi year
10th through i 5th year
16th yearthrough 23rd year
24th year and Thereafter
.0500
.0692
.0769
.0923
.1715
Annual
Hours
Earned
104
i44
160
192
232
Days
Eamed
13
18
20
24
29
Calculations are based on 2,080 hour work year and shall be rounded off to the nearest
hour.
An employee may carry over into the next `calenda�' year up to one hundred six[y (160)
hours of vacation.
7.3 All vacation time shall be approved by the department head. Upon separation from
service, if employee has provided ten (10) calendar days' notice to the Employer in
wrifing, any unused, accrued vacation shat( be paid at fhe empfoyee's current rate of pay.
If an empioyee has been granted more vacation than the employee has earned up to the
time of separation from service, the employee shall reimburse the District for such
uneamed vacation at the employee's current rate of pay, If an employee is separated
from service by reason of discharge, retirement or death, the employee shall be paid for
any unused, accrued vacation eamed up to the time of sucfi separation.
7.4 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a totat of forty [40] hours) in any year.
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• ARTICLE 8. HOLIDAYS
8.1 Holidavs Recoanized and Observed. The foilowing days shail be recognized and
observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriaf Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible empioyees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shall fail on Saturday, the
preceding Friday shali be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shail be observed as the holiday.
For those employees assigned to a work week other than Monday through Friday the
following language shall apply. W henever any of the holidays listed above fall on the first
day of an employee's two (2) consecutive days off following that employee's normal work
week, the last day of the employee's normal work week preceding the holiday will be
observed as the holiday. Whenever any of the holidays listed above fall on the second
day of the employee's two (2) consecutive days off foliowing that employee's normal work
week, the first day of the employee's normal work week following the holiday will be
• observed as the holiday.
8.2 EliaibiliN Reauirements. To be eligible fior hoiiday pay, employees must be active on the
payroll the day of the holiday.
8.3 If an empioyee entitled to a holiday is required to work on Martin Luther King, Jr. Day or
Presidents' Day, he/she shall be granted another day off with pay in lieu thereof as soon
thereatter as is reasonable; the specific date shaii be determined by agreement between
the employee and the operations coordinator, subject to approval of the department head;
�
He(she shall be paid on a straight-time basis for such hours worked, in addiUOn to hislher
regular holiday pay.
If an employee entitled to a holiday is required to work on New YeaPs Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving or Christmas
Day, he/she shall be recompensed for work done on this day by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis or such hours worked, in addftion to the regular holiday pay.
8.4 Notwithstanding Articie 8.2, a temporary employee shall be eligible for holiday pay only
after such employee has been employed as a temporary employee for sixty-seven (67)
consecutive workdays.
•
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ARTICLE 9. HOURS AND PREMIUM PAY
9.1 Definitions. The purpose of this Section is to provide a basis for computation of straight
time, overtime, and other wage calculations, and nothing in this Article shali be construed
as a guarantee or commitment by the Employer to any individual employee of a minimum
or maximum number of hours of work.
9.1.1 Week. A week shaii consist of seven (7) consecutive days beginning at 12:01
A.M. on Monday and ending at 12:00 midnight the following Sunday.
9.1.2 Day. A day shali consist of twenty-four (24) consecutive hours beginning at
12:01 A.M. at the start of a calendar day and ending at midnight of that day.
9.1.3 Normal Work Schedule. The normal work schedule for empioyees covered by
this Agreement shall consist of forty (40) hours or work scheduled on five (5)
consecutive eight (8) hour workdays. The department head, with the
concurrence of the Union, may modify the work schedule to consist of forty {40)
hours of work scheduied on four (4) consecutive ten (70) hour workdays. The
hours worked in a day shail be consecutive excluding any unpaid Iunch period
scheduled during the employee's assigned workday. The unpaid lunch period
may not exceed one (1) hour in length.
9.3.3.1 Rest Breaks. Each normal workday shall include two paid fifteen
(15)-minute rest breaks, at a time assigned by the immediate
supervisor, one occurring approximately two hours from the
beginning of the shift; the second occurring approximately six hours
from the beginning of the shift.
•
9.1.32 Lunch Break. All full-time employees are entitled to a duiy-free lunch �
break of thirty (30) minutes without pay, at a time assigned by the
supervisor, and occurring approximately at the midpoint of the shift.
If no relief is availabie for a duty-free lunch at approximately the
midpoint of the employee's shift, the employee shall receive a thirty
(30) minute paid lunch.
9.1.3.3 Stackina of Breaks. It is understood by ail parties that employees
cannot combine their break periods andJor lunch periods to create a
longer lunch break period or to leave early.
92 Call-In Pav. When an employee is called to work, the empioyee shali receive two (2)
hours of pay at the employee's normal hourly pay rate if the employee reports to work as
called and is then not put to work. If the empioyee is called to work and commences
work, the empioyee shail be guaranteed four (4) hours of pay at the employee's normal
hourly pay rate. These provisions, however, shail not be effective when work is unable to
proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to arty person ovhose regularly-scheduled workday is less thart
four (4) hours per day.
9.3 Premium Pav for Shift Differential. Effective March 4. 1995. Any employee who works on
a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differential for
the entire shift. The shift differentiat shatl be five percent (5%) of the base rate. tf an
empioyee requests a day shift (starting at or before 1 p.m.) and that request is granted,
the empioyee will not receive night shift differential for any day shift worked.
9.4 S�ecial DuN Pav. Employees assigned to work in the special duty category of custodial
worker shafl be paid at ninety percent (90%) of the rate paid for posftions in fhe
Custodian' job ciass. •
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� ARTICLE 9. HOURS AND PREMIUM PAY (continued)
9.5 Lonaeviiv Pav. Empioyees who have completed tweniy (20) full-time equivaient years of
service with the Empfoyer as of Juiy'f each year shafl receive an additional �25 (25¢) per
hour above the normai hourly rate of pay.
9.6 Overtime. Work performed in excess of forty (40) hours of work in a normal work
schedule or eight (8) hours of work in a normal workday wiil be considered overtime.
Qvertime work shall be done only by order of the depaRment head. Overtime shai! be
paid at the rate of one and one-haif (1-1/2) times the empioyee's current hourly pay rate
including applicable shift differentiai or premiums. Empioyees assigned to work on four
(4) consecutive ten (10) hour workdays shali receive overtime pay for work in excess of
ten (10) hours in the workday.
The overtime compensation due the empioyee shall be paid at the rate herein cited, or by
granting compensatory time on a time and one-half basis if mutually agreed to by the
District and the employee.
9.7 E�c ualization of Overtime. The purpose of this Subdivision is to state clearly the intent of
the parties regarding procedures which wiil be used to call and/or assign employees in the
unit for overtime work during the term of the 2000-2002 Labor Agreement. See Appendix
B for language.
These procedures shali become effective beginning with the first full month after the
Board of Education adoption of the 2000-2002 Labor Agreement. Renewai, revision, or
continuation of these provisions will occur oniy if the parties so agree. Absent such
agreement, the provisions of this Appendix B terminate June 30, 2002.
• ARTICLE i0. WORKISVG OUT OF CLASSIFICATION
10.1 For purposes of this Article, an out-of-class assignment is defined as an assignment of an
employee to perform, on a fuil-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 ciassification held by such employee.
102 The Employer shall avoid, whenever possible, working an employee on an out-of-class
assignment for a prolonged period of time. Any employee working an out-of-class
assignment for a period in excess of fifteen (15) consecutive working days shall receive
the rate ofi pay for the out-of-class assignment in a higher classification beginning on the
sixteen (16th) consecutive working day of such assignment. The rate of pay for an
approved out-of-class assignment shali be the same rate the empioyee would receive if
such employee received a regular appointment to the higher class'rfication.
10.3 An emptoyee who otherwise would receive a shift ditferential shall not fose the shift
differential during any portion of the out-of-Class assignment prior to being paid the rate of
pay for the higher classification.
ARTICLE 11. SUPERVISORY ASSIGNMENT
11.1 An engineer who is assigned to supervise other empioyees will be at least one title higher
in the series than the employees he/she supervises.
•
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ARTICLE 12. UNIFORMS
12.1 Employees in this bargaining unit are required to wear un'rforms when on duty. Uniforms
will be supplied as foilows:
The Disfrict wilt initia((y provide each employee (or newty appointed employee) with five (5)
shiris or five (5) smocks. Each year thereafter, the District wiil provide employees with
three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested
and received the initial five (5) shirts or five (5) smocks prior to implementation of this
provision will be considered already initially supplied.
122 Uniform shirts will be worn at all times when school is in session inciuding summer
school, and/or whenever the school building or site is scheduled through usuai
procedures for use by fhe public. During school vacation periods the uniform shirt wiil be
optional. However, for employees who choose to not wear the un'rform shirt during school
vacation periods, the standard dress rules are in effect. Un'rform shirts are to be wom
only while at work, and en route. The employee is not to wear the un'rform shirt during
personal events and activities, work outside the School District, or incidental stops at
places seiling on-sale liquor, or other such places not consistent with the image of the
School District.
12.3 Each employee is responsibie for laundering, pressing, and making minor repairs, such
as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair
during the course of dury, it will be replaced at no cost to the employee when the
damaged shirt is retumed to the District. Normal wear wili not be considered for
replacement except through the annuai cycle. The District will attempt to provide the
replacement sfiirts at the beginning of each schoof year.
12.4 Safetv Shoes. The District agrees to pay thirty doilars ($30) per year toward the cost of
safety shoes required by the Empioyer and purchased by an employee who is a member
of this unit, under the following conditions:
12.4.1 The District Shall contribute toward the cost of one (1) pair of shoes per
contract year and shall not be responsible for any additional cost of any
additional shoes hereafter.
12.4.2 This reimbursement of thirty doilars ($30) shall be made only after verification
of expenditure and approvai by the Department head or designated supervisor
of the employee.
12.4.3 This thirty dollars ($30) Employer contribution shall apply oniy to those
employees who are required to wear protective shoes or boots by the
Employer, and the contribution shall not exceed the actuai cost of such shoes
or boots.
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• ARTICLE 13. LEAVES OF ABSENCE
13.1 Leave of Absence. After three (3) months of employment, an employee may make
application for a leave of absence without pay or employer-paid benefits not to exceed
one (1) year. Requests for leave of absence shall be submitted to the Human Resource
Department for consideration not less than sixty (60) days prior to the requested date of
the leave. Granting of such leaves wili be subject to the operational needs and approval
of the Employer.
132 Sick Leave. Sick leave shaff accumuiate at the rate of .0576 of a working hour for each
full hour on the payroll, excluding overtime. Sick leave accumulation is unlimfted. To be
eligibie for sick leave, the employee must report to his/her supervisor no later than one-
hour before his/her regular scheduled starting time. The granting of sick leave shail be
subject to the terms and provisions of this Agreement. Any employee who has
accumulated sick leave as provided above shall be granted leave with pay, for such
period of time as the head of the department deems necessary for the foilowing spec'rfied
allowable uses:
132.1 Personal Iilness. Employees may use accumulated sick leave for hours off due
to personai iliness. The empioyee may be required to fumish a medical
certificate from a qualified physician as evidence of iliness or physical disability in
order to qualify for paid sick leave as per District practice Accumulated sick teave
may also be granted for such time as is actually necessary for office visits to a
doctor, dentist, optometrist, etc.
132.2 Family Illness. Empioyees may use accumulated sick leave for hours off due to
sudden sickness or disabiliiy of a parent or a member of hisfier household or to
make arrangements for the care of such sick or disabied persons up to a
• maximum of eight hours sick leave per incident. Up to forty (40) hours of
accumulated sick leave may be used in a work year to aliow the employee to care
for and attend to the serious or critical iliness of his/her spouse or dependent
parent. These hours when used are deducted from sick leave.
132.3 Sick Child Care Leave. Sick leave to care tor a sick child sfiall be granted on the
same terms as the employee is able to use sick leave for the employee's own
iliness. This leave shall only be granted pursuant to Minn. Stat. §181.12413 and
shaii remain availabie as provided in Statute.
13.2.4 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days,
shall be granted because of the death of an empioyee's spouse or child.
132.4.1 Up to three (3) days shall be granied because of death of otfier
members of the empioyee's immediate family. Other members of the
immediate family shali mean father, mother, sister, brother, parent-in-
law, son-in-law, daughter-in-law, grandparent, or grandchild.
13.2.42 Leave of absence for one (1) day shall be granted because of death of
other close relatives. Other close relatives shall mean uncle, aunt,
nephew, niece, brother-in-law, and sister-in-law.
132.4.3 A"da�' for this purpose shall be equivalent to the regularly assigned
workday of the employee, and such leave shall be deducted from
accumulated sick leave.
132.4.4 If an employee is required to travei beyond a two hundred (200)-mile
radius of Saint Paul for purposes related to eligible bereavement
• leave, one (1) additionai day of sick leave may be used.
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ARTICLE 13, LEAVES OF ABSENCE (continued)
L�
13.2.5 Adoption Leave. 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 child. Use of these fifteen (15) days does not need to occur
consecutively,
13.3 Requestino Sick Leave. No sick leave shall be granted for the above reasons unless
the employee reports to his/her supervisor the necessiry for Yhe absence no later than one
(1) hour before his/her regular scheduled starting time. For an employee whase shift
begins after 11;00 A.M., the employee must call his/her supervisor to report the illness by
10:00 A.M. The empioyee must cali his/her supervisor on each day of the iliness and on
the date of return to work by the times spec'rfied, unless the requirement to call in is
waived by the supervisor after verification of extended iliness. Sick leave wiii not be
granted to any employee who does not properly report the necessity for the absence,
uniess he/she can show to the satisfaction of the supervisor that the failure to report was
excusable. Employees will be required to provide medical verification of the illness at the
discretion of the supervisor. For the purposes of Articles 13.5 and 13.5.1, medicai
ver'rfication will be defined to mean, `A written note issued from a qualified treating
medical provider during the period the employee was absent from work ° The medical
verification will be provided to the Employer before the employee retums to work.
13.3.1 Sick Leave - Medical Verification. Employees will be required to provide
medical verification of the iilness at the discretion of the supervisor, and
especiaify noting the following circumstances:
(1)
��)
(3)
An employee who used more than ten (10) sick days per year is likely
to be required to provide medicai certification of iliness.
Absences which reflect a pattem are likely to result in a medical
certrfication requirement.
Exampies:
(a) Frequent absences on Fridays and Mondays.
(b) Absences precedingffollawing recognized holidays.
Reasonable cause to suspect that sick leave is being requesteci
inappropriately is Iikely to resutt in cert'rfication requirement.
�
Prior to requiring medical verification, the supervisor will meet with the
employee (and Head Engineer). The employee will have the right to have union
representation at ihe meeting. The supervisor wili notify the employee in writing
that medical verification will be required for any further sick leave usage.
After the end of every schooi year, there will be a review of the medical
cert'rfication requirement for aii affected employees unless the requirement has
been in place less than nine (9) months. This review may or may not result in a
change of the medical certification requirement, The employee will be notified
in writing as to the status of this requirement. 7he written notice witi be sent to
the employee with a copy to the Buiiding Head and the Union.
13.4 Family Medical Leave. Leaves of absence shail be granted as required under the federal
law known as the Family and Medical Leave Act (FMLA) so long as it remains in torce.
The Human Resource DepaRment provides procedures.
i
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ARTICLE 13. LEAVES OF ABSENCE (continued)
13.5 An empioyee shall be paid under the provisions of this paragraph only for the number of
days or hours for which he/she would normally have been paid if he/she had not been on
sick leave.
13.6 Matemitv/Parental Leave. Matemity is defined as the physical state of pregnancy of
an employee, commencing eight (8) months before the estimated date of childbirth, as
determined by a physician, and ending six (6) months after the date of such birth. In the
event of an employee's pregnancy, the empioyee may appiy for Ieave 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. Parental leave shaii be
granted to empioyees for the birth or adoption of a chiid in accordance with appiicabie
state and federal laws.
13.7 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regutariy-assigned workdays (not to
exceed a total of forty [40] hours) in any year.
13.7.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as defined in Article 19.
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13.8 Sick Leave Incentive. If an employee does not use any sick leave (personal iiiness, sick
child, etc.) in the nine (9)-month period from September 1 through May 31, the employee
wilt be credfted with eight (8) additional fiouss of vacation time. If an employee qual'rfies
for an additional eight (8) hours of vacation time for perfect attendance September 1
through May 31, and if the empioyee has pertect attendance for the following period June
1 through August 31, the employee will be credited with an additional eight (8) hours ot
vacation time. This applies for the 2000-01 and 2001-2002 school years. This provision
is effective until June 30, 2002, and does not automaticaliy renew.
17
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ARTICLE 14. MILITARY LEAVE OF ABSENCE �
14.1 Pav Allowance. Any employee who shall be a member of the Nationai Guard, the Naval
Militia or any other component of the militia of the state, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Officers Reserve
Corps, the Enlisted Reserve Corps, the Navai 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, shali be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for all the time when such employee is engaged with such
organization or component in training or active service ordered or authorized by proper
authority pursuant to law, whether for state or federal purposes, provided that such leave
shali 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
satisfactority pertormed, which shaft be presumed uniess the contrary is estabtished.
Such leave shall not be allowed unless the employee: (1) retums to his/her position
immediateiy 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 retuming 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 Iimited for such leave.
142 Leave without Pav. 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 othervvise ailowed by law shali be entitled to
leave of absence from employment �rithout pay during such service with right of
reinstatement and subject to such conditions as are imposed by law.
14.3 Such leaves of absence as are granted under Articie 9 shal! conform to Minnesota ,
Statutes, Section 192, as amended from time to time, and shail confer no additional
benefits other than those granted by said statute.
ARTICLE 15. COURT DUTY
15.1 Any employee who is required to appear in court as a juror or witness shail be paid his/her
regular pay while so engaged, provided, however, that the employee is not appearing as a
witness in i�tiga��o� ii�CS@2`taKBit uji i�i@ 81NICiy� GP ZiiB vfiivi� H�Hii��i i l ic vi$i'w iuV:�2f,
any fees that the employee may receive from the court for such service shail be paid to
the Empioyer and be deposited with the District Office of Business and Finance. Any
employee who is scheduled to work a shift other than the normal daytime shift, shall be
rescheduled to work the normai daytime shift during such time as the employee is
requiretl to appear in court as a juror or witness.
ARTICLE 16. WAGE SCHEDULE
16.1 The wage schedu�e for purposes of this contract shall be Appendix A attached hereto.
•
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� ARTICLE 17. EMPLOYEE BENEFITS
SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE
1.1 The Empioyer will continue for the period ot this Agreement to provide for aetive
employees such heafth and I"rfe insurance benefits as are provided by Employer at the
time of execution of this Agreement.
12 EliaibilitvWaitinqPeriod. One (1) full month of continuous regulariy appointed
service in Independent School District No. 625 will be required before an eligible
employee can receive the District contribution to premium cost for fiealth anci tife
insurance provided herein.
1.3 Fuli-Time Status. For the purpose of this Section, full-time employment is defined as
appearing on the payroll reguiariy at teast thirty-two (32) hours per week or at least si�cty-
four (64) hours per pay period, excluding overtime hours.
1.4 Haif-Time Status. For the purpose of this Section, half-time employment is defined as
appearing on the payroll regularly at least twenty (20) hours but less than thirty (30) hours
per week or at least forty (40) hours but less than sixty (60) hours per pay period,
excluding overtime hours.
Regufarly-scheduled hours are the daify hours which are specificalfy authorized for the
employee and assigned by the supervising administrator, and verified by the Human
Resource Department, as the regular schedule. Occasional work time assigned in
excess of the minimums stated in 1.3 and 1.4 shail not be construed as providing
eligibility for insurance premium payment.
, NOTE: Any employee who is regularfy scheduted for less than twenty (20) full hours of
work per five (5)-day week or who is scheduled irregularly is ineligibie for any
benefits described in this Section.
Nothing in this Agreement shall be construed as a guarantee of any hours of
work.
1.5 Emolover Contribution Amount--Fuli-Time Emolovees. Effective July 1, 2000, for each
eligible employee covered by this Agreement who is empioyed fuii time and who selects
empioyee insurance coverage, the Employer agrees to contribute the cost of such
coverage or $220 per month, whichever is less. For each eligible full-time employee who
selects family coverage, the Employer will contribute the cost of such family coverage or
$395 per month, whicfiever is less.
1.5.1 Effective January 1, 2001, for each eligible empioyee covered by this
Agreement who is employed fuli time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $240
per month, whichever is less. For each eligible fuil-time employee who selects
family coverage, the Employer wiif contribute the cost of such family coverage
or $420 per month, whichever is less.
1.5.2 Effective January 1, 2002, for each eligible empioyee covered by this
Agreement who is employed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $265
per month, whichever is less. For each eiigibie fuil-time empioyee who selects
family coverage, the Empioyer will contribute the cost of such family coverage
• or $445 per month, whichever is less.
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ARTICLE 17. EMPLOYEE BENEFITS (continued) �
i.6 Emplover Contribuiion Amouni: Married Couoles. Full-time employees who are married
to another District employee and who are covered under their spouse's health pian may
waive the single or family contribution to health insurance and rece'nre up to $150 per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the full cost of family coverage and cannot be appiied in cases where the
spouse is receiving health insurance through the DistricYs cafeteria benefits plan.
1.7 Emplover Contribution Amount--Haff-Time Em�lovees. For each eligible employee
covered by this Agreement who is empioyed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time empioyee who selects family insurance coverage, the
Employer wil! contribute tifty percent (50%) of the amount contributed tor full-fime
employees selecting family coverage in the same insurance plan. Part-time empioyees
are not eligible for any of the married couple contributions in Subd. 1.6.
1.7.1 Notwithstanding Section 1.7 above, employees covered by this Agreement and
empioyed half time prior to January 1, 1978, shall receive the same insurance
contributions as a full-time employee. This Section 1.7.1 applies onty to
employees who were employed half-time during the month of December 1977
and shall continue to appiy only as long as such empfoyee remains
continuously employed haif time.
1.8 �ife irtsurance. For each eligible employee, the Employer agrees to contribute to the
cost of $50,000 life insurance coverage. The total premium contribution by the Employer
for ali life insurance coverage shall not exceed $11.10 per month. This amount shaii drop �
to $5,000 of coverage (in the event of early retirement) untii the retiree reaches age 65;
then all Empioyer coverage shall terminate.
1.9 Lonq-Term Disabilitv. Effective, January 1, 1999, or each eligible empioyee, ihe
Employer agrees to contribute to a long-term disability plan. The total premium
contribution by the Empioyer for this coverage shall not exceed $10 per month.
1.10 Flexible Spendina Account. It is the intent of the Employer to maintain during the
term of this Agreement a ptan for medical and child care expense accounts to be
available to empioyees in this bargaining unit who are eligible for Employer-paid premium
contribution for health insurance for such expenses, within the established legal
��iiiHiiOiiS �i�'u iRS i8yiiiTB�TiBi�iS ivi SiiCii 8wvi7i�iS.
1.11 The contributions indicated in this Section 1. shali be paid to the Employe�s group heatth
and welfare plan.
1.12 Any cost of any premium for any Employer-offered employee or famity insurance
coverage in excess of the dollar amounfs stated in this Section shall be paid by the
empioyee through payroll deduction.
•
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ARTICLE 17. EMPLOYEE BENEFITS {continued}
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 1 Benefit Eliaibilitv for Emolovees who Retire Before Aae 65
1.1 Em�lovees hired into Distsict service before Julv 1. 1996, must have completed the
foliowing service eligibil"ity requirements v�ith independent School District No. 625 prior to
retirement in order to be eligible for any payment of any insurance premium contribution
by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paui Teachers Retirement
Association or other public employee retiree program at the time of retirement and
have sevesed the employment retationship with lndependent Schoo! District 625;
B.
C.
D.
E.
1.2
1.3
Must be at least fifty-five (55) years of age and have completed twenty-five (25)
years of service, or;
The combination of their age and their years of service must equal eighty-five (85)
or more, or;
Must have completed at least thirry (30) years of service, or;
Must have completed at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paui will continue to be counted toward
meeting the service requirement of this Subdivision 1.1 B, G or D, but not for 1.1 E.
Emolovees hired into District service after Julv 1. 1996. must have compieted twenty (20)
years of service with Independent School District No. 625. Time with the City of Saint
Paul wili not be counted toward this twenty (20)-year requirement.
Eligibility requirements for aii retirees:
A. A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent Schooi District No. 625
employee and eligible for and is enroiled in the Independent School District No.
625 heaith insurance program, or in any other Empioyer-paid heaith insurance
program.
�
C.
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Additio�al dependents beyond those designated to the Disuict at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
Employees terminated for cause will not be eligible for employer contribution
toward insurance premiums for either pre-age 65 or post-age 65 insurance
coverage.
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ARTICLE 17. EMPLOYEE BENEFITS (continued) �
Subd. 2. Emplover Contribution Levels for Emolovees Retirina Before Aae 65
2.1 Health Insurance Employer Contribution
The District will for the period of this Agreement provide employees who meet the
eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term
of this Agreement, and until such employees reach sixty-five (65) years of age, such
health insurance premium contributions up to the same dollar amount as were made by
the District for heaith insurance for single or family coverage by that carrier, for an
emptoyee under this Agreement, in his/her last month of active employment. fn the event
new carciers repiace those in place at execution of this Agreement, the dollar amounts
being paid for singie or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any empioyee who is receiving family
coverage premium contribution at date of retirement may not later ciaim an increase in
the amount of the Employer obiigation for single coverage premium contributions to a
carrier after deleting family coverage.
22 Life Insurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 12
above, premium contributions for eiigible retirees for $5,000 of I'rfe insurance only until
their 65th birthday. No life insurance will be provided, or premium contribu6ons paid, tor
any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eligibil'rty for Emplovees After Aae 65 •
3.1 Emolovees hired into the District before Julv 1. 1996. who retired before age 65 and are
receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer
premium contributions for health insurance described in Subd. 4 of this Article.
32 Emplovees hired into the District before Julv 1. 1996, who retire at age 65 or older must
have completed the eligibility requirements in Subd. 1 above or the following eligibility
requirements to receive District contributions toward post-age-65 health insurance
premiums:
A. Employees hired before January 1, 1987, must have remained continuously
Biil�iiuj%@"u� `Vy i�'iB viSiti�:i. f'�i SuCi� 8Tii�'i��iyEES 'vi cailjr icaii2cS- :5%iw- iiuL'0 ��:..
completed at ieast twenty (20) years of service with the District at the time of their
retirement, the Employer will discontinue providing any health insurance contributions
upon their retirement or, in fhe case of early refirees, upon fheir reaching age 65.
B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have
completed twenty (20) years of continuous employment with the District. For such
employees or earry retirees who have not completed at least twenty (20) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul eamed prior to July 1, 1996,
wili continue to be counted toward meeting the District's service requirement of this Subd.
3. Civil service time worked with City of Saint Paul after May 1, 1996, wili be considered a
break in District employment.
•
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� ARTICLE 17. EMPLOYEE BENEFITS (continued)
3.3 Emplovees hired on or after JuN 1. 1996, shall not have or acquire in any way any
eligibility for Empioyer-paid health insurance premium contribution for coverage in
retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after
July 1, 1996, shall be eligibie for oniy eariv retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emolover Contribution Leveis for Retirees After Age 65
4.1 Emolovees hired into the District before Juiv 1. 1996 and who meet the eligibility
requirements in Subdivisions 3.1 or 3.2 of this Articie are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District.
Premium contributions for such policy wiil not exceed:
Coverage Twe
Medicare Eligible
Non-Medicare Eligible
Sinale Famiiv
$300 per month $400 per month
$400 per month $500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions spec'rfied must be paid directly
and in full by the retiree, or coverage wiil be discontinued.
Subd.5. Em�lovees hired after Julv 1. 1996, after completion of three (3) fuli years of
consecutive active service in Independent Schooi District No. 625, are eligible to
• participate in an empioyer matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District will match up to $50 per paycheck up to $500 per year of
consecutive active service, up to a cumulative i'rfetime maximum of $12,500. Part-time
employees working hatS-time or more will be e{igible tor up to one halt (50%) ot the
availabie District match. Approved non-compensatory leave shall not be counted in
reaching the three (3) fuli years of consecutive active senrice, and shall not be considered
a break in service. Time worked in the City of Saint Paul will not be counted toward this
three (3)-year requirement.
Federal and state rules governing participation in the Minnesota Deferred Compensation
Plan shall apply. The empioyee, not the District, is solely responsible for determining
his/her total maximum allowabie annual contribution amount under IRS regulations. The
empioyee must initiate an application to participate through the District's specified
procedures.
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18.1 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 eligibie for such
reimbursement, employees must receive authorization from the District Mileage
Committee utifizing the fol(owing pian:
ARTICLE 18. MILEAGE
PLAN A. Effective rate approved by the Board of Education or 31 ¢ per mile, whichever is
greater. In addition, a maximum amount which can be paid per month is established by
an estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the experience of
another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip made.
ARTICLE 19. SEVERANCE PAY
19.1 The Employer shall provide a severance pay program as sei forth in this Article. Payment
of severance pay shall be made within the tax year of the retirement.
192 To be eligible for the severance pay program, the empioyee must meet the following
requirements:
�
192.1 The empioyee must be fifty-five (55) years of age or older or must be eligibie for
pension under the "Rule of 90' provisions of the Public Empioyees Retirement
Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall also .
apply to employees covered by a public pension plan other than PERA.
192.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this severance
pay program.
19.3 If an employee notifies the Human Resource Department three (3) months in advance of
the date of retirement and requests severance pay and if the employee meets the
eligibility requirements set forth in 19.2 above, he or she will be granted severance pay in
an amount equal to $75 pay for each day of accrued, unused sick leave, up to 200 days.
i9.3.1 If an employee nofrfies the Human Resource Department in less than three (3)
months in advance of the date of retirement and requests severance pay and 'rf
the employee meets the eligibility requirement set forth above, he or she will be
granted severance pay in an amount equai to $65 pay for each day of accrued,
unused sick leave up to 231 days.
i9.32 If art empioyee has a sudden itiness�njury necessitating immediate retirement,
and if the employee meets the eligibility requirements set forth above, he or she
will be granted severance pay in an amount equal to $75 pay for each day of
accrued, unused sick leave up to 200 days.
19.4 The maximum amount of money that any employee may obtain through this severance
pay program is $i5,000.
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ARTICLE 19. SEVERANCE PAY (continued)
19.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, if the employee would have met all of the
requirements set forth above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
19.6 For the purpose of this severance pay program, a
District No. 625 employment to City oi Saint Paul
separation of employment, and such transferee shall
program.
ARTICLE 20. DISCIPLINE
20.1
20.2
20.3
transfer from Independent Schooi
employment is not considered a
not be eligible for this severance
The Employer will discipline empioyees for just cause only. Discipiine will be in the form
of:
20.1.1 Oral reprimand;
20.1.2 Written reprimand;
20.1.3 Suspension;
20.1.4 Reduction;
20.1.5 Discharge.
A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the
employee and the Union seventy-two (72) hours after such action is taken.
Employees and the Union wiii receive copies of written reprimands and notices of
suspension and discharge.
20.4 Employees may examine all information in their Employer personnei file that concerns
work evaluations, commendations and/or discipiinary actions. Files may be examined at
reasonable times under the direct supervision of the Employer.
20.5 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension,
demotion, or discharge, the supervisor will make a recommendation to his/her supervisor
regarding proposed discipline. That supervisor will then schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee
shail have the opportunity to have union representation present and be provided the
opportunity to speak on his/her behalf regarding the proposed action. If the empioyee is
unable to meet with the supervisor, the empioyee andlor union wiil be given the
opportunity to respond in writing.
20.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a Union representative be present.
20.7 Empioyees who are suspended, demoted or discharged shall have the right to request
that such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 21 (Grievance Procedure); as an aiternative option, such empioyee
can request a review, consistent with Minnesota Statute § 179A.20, Subd. 4. Once an
employee, or the Union acting in the empioyee's behalf initiates review in one forum, the
matter shali not be again reviewed in another forum. Oral reprimands shali be subject to
the grievance review procedures through Step 3 only.
An employee who elects the contractual grievance procedure as the forum for review of a
disciplinary action has not thereby waived any rights secured to him/her under Minnesota
Statute § 197.46, other than the choice of forum tor review.
_ .�
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ARTICLE 21. GRIEVANCE PROCEDURE
21.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shail notify
the Employer in writing of the names of the stewards and of their successors when so
named.
212 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no loss of pay when a grievance is processed during
working hours provided the steward and the empioyee have nofrfied 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.
21.3 The procedure estabiished by this Article shall be the sole and exclusive procedure,
except for the appeai of disciplinary action as provided by Articie 7, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement. A grievance shall be resoived in conformance with the following procedure:
�
Ste� 1. Upon the occurrence of an aileged violation of this Agreement, the employee
invoived shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resoived to the employee's satisfaction by the informal
discussion, it may be reduced to writing and referred to Step 2 by the Union. The written
grievance shail set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the Agreement violated, and the relief requested. Any aileged
violation of the Agreement not reduced to writing by the tJnion within fourteen (14) �
calendar days of the first occurrence of the event giving rise to the grievance shall be
considered waived. At this step only, an extension of seven (7) additional calendar days
shatl be granted automatically'rf requested by the Business Representative or steward.
Steo 2. Within fourteen (14) calendar days after receiving the written grievance, a
designated Employer supervisor shail meei with the Union steward and attempt to resolve
the grievance. If, as a result of this meeting, the grievance remains unresolved, the
Employer shali reply in writing to the Union within fourteen (14) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14)
calendar days foilowing receipt of the Empioye�s written answer. Any grievance not
referred in writing by the Union within fourteen (14) calendar days following receipt of the
r GiTij�iGyc�ru 3fiSW8f 5:�2.�� ..�'2.^,..^S:eio��i wgn;gri� ,
Steo 3. Within fourteen (14) calendar days foilowing receipt of a grievance referred from
Step 2, a designated Empioyer supervisor shall meet with the Union Business Manager or
designated representative and attempt to resolve the grievance. Within fourteen (14)
calendar days foUowing this meeting, the Employer shall reply in writing to the Union
stating the Employers answer conceming the grievance. If, as a resuft of the written
response, the grievance remains unresolved, the Union may refer the grievance to Step
4. My grievance not referred in writing by the Union to Step 4 within fourteen (14)
calendar days following receipt of the EmployePs answer shall be considered waived.
•
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• ARTICLE 21. GRIEVANCE PROCEDURE (continued)
Steo 4. if the grievance remains unresolved, the Union may within fourteen (14) calendar days
after the response of the Employer in Step 3 by written notice to the Employer, request
arbitration of the grievance. The arbitration proceedings shail be conducted by an
arbdrator to be selected by mutuai agreement of the Empioyer and the Union within
fourteen (14) calendar days after notice has been given. If the parties faii to mutualiy
agree upon an arbitrator within the said fourteen (14)-day period, either party may request
the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the
Empioyer and the Union shali have the right to strike two (2) names from the panel. The
Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The
process wili be repeated and the remaining person shall be the arbftrator.
21.4 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 oniy the
specific issue submitted in writing by the Employer and the Union and shail have no
authority to make a decision on any other issue not so submitted. The arbitrator shali 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
ot the hearing or the submission of briefs by the parties, whichever be later, untess the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shali be tinai and binding on the
Employer, the Union, and the employees.
21.5 The fees and expenses for the arbitrator's services and proceedings shail be borne
� equaliy 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 be made, providing it pays for
the record.
21.6 The time limits in each step of this procedure may be extended by mutuai agreement of
the Employer and the Union.
21.7 It is understood by the Union and the Employer that if an issue is resolved at any step by
this grievance procedure, that issue shall not again be submitted for review under the
provisions of the Rules and Regulations of Civil Service. It is further understood that if an
issue is submitted and resolved at any step by the grievance procedure under the Civil
Service Rules and Regulations, It shall not be submitted for review and arbitration under
procedures set forth in this Articie.
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27
81-19�
ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-down, stay-in or other concerted interterence with the Employer's business
or affairs by said Unions and/or the members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise.
22.2 No lockout, or refusal to ailow employees to pertorm available work, shall be instituted by
the Employer and/or its appointing authorities during the I'rfe of this Agreement.
ARTICLE 23. NONDISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equaily without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
C�
232 Empioyees wili pertorm their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public. �
.
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� ARTICLE 24. TERMS OF AGREEMENT
24.1 Comolete Aoreement and Waiver of Bargaining. This Agreement shall represent the
complete Agreement beriveen the Union and the Employer. The parties acknowiedge
that during the negotiations which resutted in This Agreement, each had the unl'mtited right
and opportun"ity to make requests and proposais with respect Yo any subject or matter not
removed by law from the area of collective batgaining, and that the Complete
understandings and agreements arrived at by the parties after the exercise of that right
and opportunity are set forth in this Agreement Therefore, the Empbyer and the Union,
for the lite of this Agreement, eaah voluntan"ly and unquat'�t'iedty waives the right, and each
agrees that the other shal! not be obfigated to bargain Cotlectively with respect to any
subject or matter referred to or covered in this Agreement.
24.2 Savinas Ciause. This Agreement is subject to the laws of the United States, the State of
Minnesota, and the City of Saint Pau(. In the event any provision of this Agreement shail
hoid to be contrary to law by a court of competent jurisdiction from whose final judgment
or decree no appeai has been taken within the time provided, such provision shall be
voided. Ail other provisions shall continue in fuli force and effect.
24.3 Terms of Aareement. Except as herein provided, this Agreement shali be eHective as of
Jufy 1, 2000, and shall continue in fuit force and effect through the 30th day of June 2002,
and shali be automatically renewed from year to year thereafter uniess edher party shall
notify the other in writing at least sixty (60) days before the terminafion of this Agreement
that it desires to modify or terminate this Agreement. in witness thereof, the parties have
caused this Agreement to be executed as signed and dated below.
24.4 This constitutes a tentative Agreement between the parties which will be recommended
by the District Negotiations and Labor Relations Manager, but is subject to the approval of
• the Board of Education, and is also subject to rat'rfication by the Union.
W ITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
•
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� '.� ' �l
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Date
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APPENDIX A: 2000-2002 WAGES
The hourly wage rates and salary ranges for class'rfications in this unit are effective
July 1, 2000, as foliows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engi�eer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services Worker
Custodian*
Trainee
(Custodian-Engineer)
Probationary
Rate
$11.02
Probationary
Rate
$15.10
Entrv
$924
Probationary
Rate
$19.32
18.65
18.05
Base
Rate
$20.29
19.66
19.06
17.59 18.60
1723 17.97
Base After After
Rate 1 vear 2 vears
$11.57 $12.58 $13.36
Base
Rate
$1626
After After
6 Months 1 Year
$10.71 $12.18
After
18 Manths
$13.64
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
emp!oyee sha!! be �2�d at the "�se F3ate' houdy rate, Employees oromoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the emptoyee must complete a promotional probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
�
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APPENDIX A: 2000-2002 WAGES
The houriy wage rates and saiary ranges for cfassrfications in this unit are effective
June 30, 2001, as foliows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services W orker
Custodian'
Trainee
(Custodian-Engineer)
Probationary
Rate
$11.35
Probationary
Rate
$15.55
Entrv
$9.52
Probationary
Rate
$19.90
1921
18.59
18.12
17.75
Base
Rate
$11.92
Base
Rate
$16.75
After
6 Months
$11.03
Base
Rate
$20.90
2025
19.63
19.15
18.51 _ - -
After After
1 vear 2 vears
$12.95 $13.76
After After
1 Year 1g Months
$12.54 $14.05
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the `Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shall be paid at the "Base Rate" houriy rate. Employees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the employee must compiete a promotional probation
period.
Temporary employees shali be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
31
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APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE �
The purpose of this Appendix is to state cleariy the intent of the parties regarding procedures
which will be used to call and/or assign employees in the unit for overtime work during the term of
the 2000-2002 Labor Agreement.
These procedures shall become effective beginning with the first full month after the Board of
Education adoption of the 199&2000 Labor Agreement. Renewal, revision, or continuation of
these provisions will occur only "rf the parties so agree. Absent such agreement, the provisions of
this Appendix B terminate June 30, 2002.
Section 1 Qual'rfied Emolovees
A qualified person for all provisions of this policy is a regular fuil-time custodian or facility services
worker, or custodian-engineer who holds the appropriate license for the task, and has
demonsuated satisfactory job perfortnance.
1.1 An empioyee who has spec'rfied physical restrictions which impair his/her abilityto pertorm
a particular overtime task will not be assigned the overtime; for purposes of calling order
he/she will be considered, however, as having worked that overtime.
Section 2. Overtime Within a Buildina
Emp(oyees assigned to a particular building will have the first opportunity to work overtime in that
building. Persons who are interested in working overtime in the building wili be required to sign in
advance. The employees will be piaced on a list in order of District seniority. When a need for �
overtime arises, the qualified most senior employee on the list will be called first unless the
employee has afready worked overtime in that fiscal year. If the qualified most senior empioyee
has already worked overtime in that fiscai year, the next qualified employee on the Iist wiil be
called until all employees in the building have worked overtime. When all employees have worked
overtime, the process wiii be repeated. When an employee is asked to work overtime in the
buiiding and refuses, he/she will be considered as having worked that overtime. ff there are no
empioyees in the building who want to work overtime, then the overtime shall be classified as
District overtime and distributed as described beiow.
2.t When an empfoyee is new(y assigned to a buitding, hislher overtime eligibilify history for
that location will be determined by assigning to hiMher the average of overtime hours
.�w...� a.. .�..e.. s... u a t...� 1 ti� �i... �i�n !.inr nn nf h���rg w at1
-i.iEunov av �aac �v� 3ir $��2i.aca� BfiN�O7E2S-� i:i t 8 ....2. �2. .2.y.. Q�C
andlor refused).
22 The overtime history of each employee will be carried over from year to year in each
buiiding for that building.
Section 3 District Overtime
W hen there is District overtime work to be done on a planned basis (i.e., ft is of a non-emergency
nature), regutar employees assigned as relief staff wilt have the first opportunity to work the
overtime. Qual'rfied relief staff members will be contacted for the overtime work in seniority order
(i.e., most senior first) unless the employee has already worked overtime in that fiscal year. When
a qualified employee who is asked to work overtime refuses the work, helshe will be considered
as having worked that overtime assignment. If there are not sufficient quatified retief staff
empioyees available, qualified employees listed as available for emergency call out will be calied •
by the sarne procedure.
32
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. APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued)
Effective July 1, 1998, the assigned relief staff will no longer have first opportunity to work District
overtime. ln September of each year Facility Operations will allow people interested in working
Districf overtime to sign up to be called. The most senior empioyees in one of three groups, 1)
Faciiity Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for
overtime needed in the group based on seniority order, uniess empioyee has aiready worked
overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses
the work, helshe will be considered as having worked that overtime assignment. !t there are not
sufficient quai'rfied relief staff employees available, qualified employees listed as available for
emergency caii out wiil be called by the same procedure.
Section 4 Mandatorv Overtime
The District retains the right to institute mandatory overtime if there are inadequate volunteers to
meet District needs. The mandatory system requires that the least senior employee who has not
worked overtime will be required to work first and so forth. Should mandatory overtime become
necessary, employees who have voluntarily worked overtime will be credited with the hours they
have previously worked.
Section 5. Emergencv Call Outs
This equalization of overtime does not apply to emergency calf outs requesting that overtime be
worked. A qualified empioyee who is wiiling to accept emergency overtime assignment
immediately upon notification may ask to be listed as availabie. The District will not list an
� employee for emergency call out if the employee has refused overtime work several times, or is
not qualified. The District, in assigning emergency call out, will do so as equitabty as
circumstances permi�
5.1 The District wili periodically provide to the Union a copy of the emergency call-out list, and
a taliy of time worked.
Section 6. Overtime Resultiny from Buiiding/Program Moves
Overtime resufting from moving a program or a staff/student population from one building/location
to another wili be treated as building overtime for staff in the location from which the move
originates. If more overtime workers are needed than the originating location can supply, the
District overtime procedure wiii be used to secure additionai workers.
Section 7 Grievance Process
Art alleged violation ot these procedures can be presented to the Employer by the Union for
review under the grievance procedures of the labor conVact through Step 3, as the finai appeai.
Step 3 review is at the levei of the Superintendent of Schoois, or his/her designee.
•
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APPENDIX C: ENGINEER 2-5 BIDDING
Biddina for location Custodian-Engineer 2-5 Positions
The parties agree to continue the pilot program allowing Custodial Engineer 2-5 employees to bid
on job openings. This pilot will continue for the duration of the 2000-2002 contract, and will not be
automatically extended as part of any successor agreement.
The Office of Facility Operations will post a listing of vacant positions in the job classes Custodian-
Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the
locations of the vacancies. Employees who have been certrfied and appointed to one of the
above listed job classes may bid for an assignment in that same job class at a different location
shown on the posting. Bidding wiil be oniy open to employees who have successfuily compieted
the probationary period and have satisfactory or higher performance ratings for at least the
preceding year. Bids for assignments will be honored in order of class senioriiy in that job class
providing the employee is qualified. This process requires that all Custodial Engineer 2-5
employees who bid be able to satisfactorily pertorm the full range of duties at the bid location from
the onset. With the rights to bid in this pilot process comes the responsibility to fuliy assess the
requirements of tfie location where he/she wouid bid and the strengths and weaknesses that
helshe may have.
a) Vacancies in the specified job classes during the school year wiii be posted
for bidding as they occur.
b) A Custodian-Engineer 2 who is assigned to evening shift must complete
one (1) year as an Engineer 2 before having the right to bid.
�
• If the Custodian-Engineer 2 assigned to evening shift bids on another �
evening shift and is reassigned as a resuit of this bidding process
he/she is not eligible for any further bidding for one (1) year.
• If the Custodian-Engineer 2 assigned to evening shift is reassigned to
a day shift as a resuft of this bidding process he/she is not eligible for
any further bidding for two (2) yeazs.
. If the Custodian-Engineer 2 assigned to day shift is reassigned as a
result of this bidding process helshe is not eligible for any further
bidding for two (2) years.
• An employee wfiose sfi�t is changed signfficantly (by more than finro
[2] hours) on a permanent basis, or whose shift is changed from a
d�ily assignment at one location to more than one location, may bid
once again without waiting the fuil two (2) years.
c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a result of
this bidding process is not eligible for any further bidding for three (3) years.
An employee whose shift is changed signrficantly (by more than two [2]
hours) on a permanent basis, or whose shift is chartged from a daily
assignment at one location to more than one location, may bid once again
without waiting the full iwo (2) years.
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� APPENDIX C: ENGINEER 2-5 BIDDING (continued)
d) Nothing in this provision shall be construed to limit the right of the Employer
to transfer an empioyee to another location without bidding 'rf there is
reason to do so.
e) There wili be no bidding assignments in new buiidings. Custodian-Engineer
vacancies in new buiidings will be listed only to allow employees in that job
class to express interest in being considered by submitting a letter to the
deoartment head.
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2000-2002 MEMOR.4NDUM OF llNDERSTANDING �
REGARDING TRAINING FOR
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 70
This Memorandum of Understanding is by and beiween the Board of Education of Independent
Schooi District No. 625, Saint Paul Public Schools, and intemationai Union of Operating
Engineers, Local No. 70, exclusive representative for custodial service employees in the Saint
Paul Public Schools. The purpose of this Memorandum is to establish a clear understanding of
intent of the parties regarding conditions goveming a premium pay rate for advanced training for
certain classifications of emptoyees in this bargaining und.
Statement of Intent and Puroose
It is the intention of the Empioyer, during the term of this Memorandum of Understanding (through
June 30, 2002) to continue a program of special training for employees who occupy the tities:
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
The purpose of the training wiil be to strengthen the practical management skilis of these
employees, particularly with respect to fulfilling the responsibilities of these particular titles.
It is the desire and intent of the Empioyer that all empioyees who occupy these titles, both
currently assigned and prospectively, will complete this training at the earliest possible
opportunity. The training is designed, prescribed, and provided by the Employer at no cost to the �
employee who has been regularly appointed to a listed titie. The training will be taken during the
employee's own unpaid time.
Effective July 1, 1996:
Engineers who were hired before July 1, 1996, and have not been offered the
advanced training program will receive the premium effective July 1, 1996.
2. Engineers who have aiready completed the required training and qualified for
premium payment, or those engineers granted the premium in #1 above, must
participate in a required refreshedretraining course, if one is offered by the employer,
of one or two sessions every year in order to retain eligibility for premium payment.
The Employer will provide a premium pay factor accordirtg to the totlowing formula for c�rrent and
future employees in these titles who have satisfactorily completed the prescribed training course,
and have delivered to the Office of Plant Planning and Maintenance evidence of such satisfactory
completion.
The premium pay shall become effective with the first full pay period after comple6on of the
training, but shall not be paid until the evidence of satisfactory completion has been received by
the Employer. In no case shali the premium be effective retroactively for more than a three (3)-
month period.
C �
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MEMORANDUM OFUNDERSTANDING
Premium Formuta
Effective Juiy 1, 1996:
(continued)
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Ed�cation
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Premium above ted Rate
90¢ per hour
60¢ per hour
3p¢ per hour
1p¢ per hour
Emplovee Newiv AoDOinted to Titie
An empioyee newly appointed to one of these tities after tha adoption of this Agreement will be
granted premium payment as follows:
If the training course for a newly appointed engineer is less than six (6) months in
length, the engineer will receive the fuil premium effective with the first fuil pay period
after satisfactory compietion of the course.
If the training course is more than six (6) months in length, the engineer in training wiii
be eligibie for fifty percent (50%) premium payment effective with first full pay period
after satisfactory completion of one-haif (1/2) of the training program.
�
�
Shouid the empioyee fait to satisfactorily complete the itaining within the Gme periods estabiished
for the course, the partial premium payment will be discontinued and no premium will be paid until
such time as the satisfactory completion has been accompiished.
Evidence of satisfactory compietion shaii have been delivered by ihe employee to the Office of
Piant Planning and Maintenance before the partial or full premium can be paid, and retroactive
adjustment shall not exceed 2hree (3) months.
This Memorandum of Understanding shaii be effective as of July t, 2000, and shall expire on
June 30, 2002.
INDEPEN�JENT SCHOOL DISTRICT
NO. 625
37
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9 i� -rT0
pate
6!-1 9a
INDEX
A
Adoption Leave
B
16
P
PremiumPay .............................................12
Premium Pay for Shift Differential ..............12
R
Bidding ....................
Bidding for Location
C
�
Call-in Pay .................................................12
Court Duty ..................................................18
D
Discipiine
Dues.......
E
Equalization of Overtime
F
Fair Share ..........................
Family Medical Leave.......,
Fiexible Spending Account
G
25
.. 3
13, 32
.. 3
16
20
Recail From Workforce Reductions .............7
Retirement Heaith Insurance .....................21
S
Safety Shoes ..............................................14
Sen iority ....................................................... 6
Seniority for Bidding On Location ................8
Seniority for Sfiiff Setection ..........................9
Seniority Termination ...................................9
Severance Pay ...........................................24
Shop Steward ..............................................2
Sick Child Care ..........................................15
Sick Leave .................................................15
Sick Leave - Medicai Verification ...............16
Sick Leave Conversion ........................10, 17
Sick Leave Incentive ..................................17
Sick Leave Requests .................................16
Speciai Duty Pay ........................................12
Strike ........................................... ••-------......28
Grievance Procedure .................................26
H
Health Insurance
Holidays .............
Hours .................
T
Temporary Employment ..............................4
19 Temporary Employment Casuai Service .....4
11 Temporary Employment Extended Service.5
12 Temporary Employment Short-Term...........4
Training ...................................................... 36
L
Leave of Absence ......................................15
Life Insurance ............................................20
Lockouts.................................................... 28
�o� �yav�:y Pay ............................................ :3
Long-Term Disability ..................................20
M
MaternitylParental Leave ...........................17
Mi leag e ...................................................... 24
Military Leave Of Absence .........................18
N
Nondiscrimination ...................................... 28
O
Overtime
ik3
U
Uniforms ....................................................14
Union Membership .......................................3
Union Rights ................................................2
Union Stewards ............................................2
V
Vacation.....................................••.............. t 0
W
Wages .................................................30� 31
Work Interference ......................................28
Work Schedule ..........................................12
Working Out of Classification ....................13
\ J
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38
Q�I�I���
Presented
Referred To
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
Council File # O �-14a.
Green Sheet # 106826
�
Committee Date
RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
JuIy 1, 2000 through June 30, 2002 EmpIoyment Agreement between the Independent School District
No. 625 and Tnternational Union of Operating Engineers Local No. 70, Exclusive Representative for
4 Custodians.
Yeas Na s Absent
Benanav �
Blakey
Bostrom �
Coleman �i
Harris �
Lantry �/
Reiter V/
c
Requested by Departcnent of:
Office of Labor Relations
7 �
Y� � �
/
Form App� ed by Ci Attorn y
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By: � �
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Adopted by Council: Date ��� \�-}� pp �` Approved by,lVIayor for Submission to Council
Adoption Certified by Council Secretary By: fX' liy !'r� �C/( ��
C -�� ,�--.,-- �� ;
B -'� �
Approved by Mayor. Date' ;VI�(Miv� ��I Z� �
BY� '�in�.. �/nM �+/ �
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�
DEPARTMENT/OFFICFJCOUNCIL: DATE 1NITIATED D, -iqS
LABOR RELATTONS February 21, 2001 GREEN SHEET No.: 106826
CONTACI' PERSON & PFIONE: � IN177AL/DATE INITTAL/DATE
JLTLIE KRAUS 266-6513
ASSIGN I DEPARTMENC DIR. 4 CITY COUNCIL
TIpMgEg 2 CITY ATTORNEY CITY CLERK
e�ti7ST BE ON COUNCII, AGENDA BY (DATE) FOR BUDGEf D[R. FIN. & MGT. SERVICE DIR.
ROUTING 3 MAYOR (OR ASST.)
ORDER
TOTAL'� OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATORE)
ncnoN�QUesrEn: This resolution approves the July 1, 2000 through June 30, 2002 Employment Agreement
between Independent School District No. 625 and Intemational Union of Operating Engineers Local No. 70,
Exclusive Representative for Custodians.
RECOMMENDAI'IONS: Approve (A) or Reject (R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING
QUESTIONS: .
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/fim� ever worked wder a contract for this depaztmen[?
_CIB COMMITTEE Yes No
STAFF 2. Has this person/ficm ever been a city employee?
DISTRICT COURT Yes No
SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this persoNfirtn possess a skili not nortnally possessed by any cucrent city employee?
Yes No
Explain all yes aoswers on separate sheet and attach to green sheet
INITIATING PROBLEM, ISSOE, OPPORT[JNI7'1 (Who, W6ay When, Where, Why):
ADVANTAGESIFAPPROVED:
This resolution pertains to Board of Education employees only.
DISADVANTAGES IF APPROVED�
DISADVANTAGES [F NOT APPROVED:
TOTAL AMOl7N"I' OF'I'RANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: AGTIVITY NUMBER:
FINANCIAL INFORMATION: (EXPLAIN)
eit.�e:��?l � ' �ilv ° ��' lSaii'sli".`:3zG1
Y, k ; i�i } j
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INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE:
August 15, 2000
a�_���
TOPIC: Approval of Empioyment Agreement Between Independent School District
No.625, Saint Paul Public Schools and International Union of Operating
Engineers, Local No. 70, Exclusive Representative for Custodians
A. PERTINENT FACTS:
�
1. New Agreement is for a two-year period from July 1, 2000, through June 30, 2002.
2. Contract changes are as follows:
Waaes: Effective January 1, 2000, increase wage schedule 3%. Effective June 30, 2001,
increase wage schedule 3%.
Insurance: The insurance premium contributions by the District are increased from the current
insurance caps of $220 for single coverage and $395 for family coverage will increase as follows:
Sinale Fami�v
Effective January 1, 2001 $240.00 $425.00
Effective January 1, 2002 $265.00 $445.00
Lonaevit� Effective July 1, 2000, increase longevity pay for employees who have twenty years of
service from $.10 to $.25 per hour. Change eligibility for longevity from the employee's
anniversary date to July 1.
Retiree Health Insurance: Employees who are terminated for cause will not be eligible for pre or
post-age-65 health insurance.
everance: Employees who provide three months notification prior to retirement will receive $75
for each day of earned, unused sick leave up to a maximum of $15,000. if notification is Iess than
three months, the amount paid per day is reduced to $65. The pre-notification requirement is
waived in instances of sudden illness of an employee or immediate family member.
Attendance Incentive: Expanded attendance incentive so that employees who qualify for one
additional vacation day by maintaining pertect attendance September through May will be eligible
to earn one additional vacation day if they maintain perfect attendance June through August.
3. The District has 266 FTE's in this bargaining unit.
4. The maintenance of buildings promotes a quality learning environment that supports the teaching
target of preparing all students for life.
5. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager;
Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of
Human Resources and Labor Relations; and William Larson, Deputy Superintendent.
RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the Agreement
concerning the ierms and conditions of employment for International Union of Operating Engineers,
Local No. 70, in this school district; duration of said Agreement is for the period of July 1, 2000,
through June 30, 2002.
D 1- �`��'
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�000 � �00�
LABOR AGREEMENT
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
and
•
INTERNATIONAL UNION OF
OPERATING ENGINEERS
LOCAL 70
Term: July 1, 2000 through June 30, 2002
•
�' Saint Paul Public Schools
L 1 F E L 0 N G L E A F N 1 N G
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ARTICLE
Article
Article
Article
Article
Article
Article
Article
Articie
Article
Article
Article
Article
Article
Article
Article
Article
Articie
Article
Article
Article
Article
Article
Articie
Article
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
TABLE OF CONTENTS
TITLE
Preambie...........................................°°°--................---°-----.............
Recognition ...................................................................•-�--...............
Defi n itions..... °--°--- •--...-°-°--° ° .....................° ° ° °--..............---.........
Union Rights .................................................................................�--�
ManagementRights .........................................................................
Temporary Employment ...................................................................
Seniority............................................................................................
Vacation............................................................................................
Hol idays ...........................................�--..............................................
Hours and Premium Pay ..................................................................
Working Out of Classification ...........................................................
Supervisory Assignment ...................................................................
Uniforms ...........................................................................................
Leaves of Absence ...........................................................................
Military Leave of Absence ................................................................
CourtDuty ........................................................................................
WageSchedule ........................................................�---....................
EmpioyeeBenefits ............................................................................
Mileage ............................................................................................
Severance ................................................................................
Discipline.........................................................................................,
Grievance Procedure .......................................................................,
Strikes, Lockouts, Work Interterence ...............................................
Nondiscrimination .............................................................................
Terms of Agreement .......................................................................
AppendixA: Wages ......................................................................
Appendix B: Equalization of Overtime ...........................................
Appendix C: Engineer 2-5 Bidding .................................................
Appendix D: Memorandum of Understanding:
Regarding Training .............................�----�--..............
Index ................................................................................................
PAGE
.......... iv
...........1
...........1
............2
°°°°--..3
............4
............6
..........10
..........11
..........12
..........13
..........13
..-°--...14
..........15
..........18
..........18
..........18
..........19
......24
.....28
.....28
.....29
.....30
.....32
..... �
36
38
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This Agreement is by and between Independent School District No. 625 and Locai Union
No. 70, Intemationai Union Of Operating Engineers, AFL-CIO.
This Agreement has been entered into between Independent Schooi District No.625,
hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating
Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the
promotion of harmonious relations between the Employer and the Union, the establishment of an
equitable and peacetul procedure for the resolution of differences and the establishmerrt of rates
of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge
that they shall pursue the above objectives in fuli compliance with the requirements of the Public
Employment Labor Relations Act of the State of Minnesota of 1971, as amended.
�
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iv
06-1��
� ARTICLE 1. RECOGNITION
1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, hours, and other conditions of employment for
all of its employees as outlined in the cert'rfication by the State of Minnesota Bureau of
Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows:
Aii regular, probationary, and provisional engineering and building maintenance
personnel who are empioyed by Independent School District No. 625, and whose
employment service exceeds the lesser of 14 (fourteen) hours per week or thirty-
five percent (35%) of the normal workweek and more than siuty-seven (67)
workdays per year in the foilowing ciass'rfications:
Custodian-Engineer 5, Board of Education,
Custodian-Engineer 4, Board of Education,
Custodian-Engineer 3, Board of Education,
Custodian-Engineer 2, Board of Education,
Custodian-Engineer 1, Board of Education,
Facility Services Worker,
Trainee (Custodian-Engineer)
Custodian*,
Custodial Worker';
excluding supervisory, managerial, clerical, confidential, and temporary
employees, those exciusively represented by other labor or employee
organizations, and all other employees.
12 The parties agree that any new ciassifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall be
recognized as a part of this bargaining unit, and the parties shall take all steps required
• under the Public Employment Relations Act to accompiish said objective.
1.3 Temporary employees are recognized as within the unit covered by this Agreement,
however, except as specifically provided by this Agreement (see Article 4), temporary
employees shali not have nor acquire any rights or benefits other than specifically
provided by the provisions of the Civil Service Rules.
ARTICLE 2. DEFINITIONS
2.1 Collective Baraainina. The Employer will bargain coilectively with the Union with respect
to rates of pay, hours, and other conditions pertaining to employment for all of the
emptoyees in the unit hereinbefore set forth.
22 Maintenance of Standards. The Employer agrees that all conditions of employment
relating to wages, hours of work, overtime differentials, vacations, and general working
conditions shall be maintained at not less than the highest minimum standard as set forth
in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250), at the time of the
signing of this Agreement, and the conditions of employment shall be improved wherever
spec'rfic provisions for improvement are made elsewhere in this Agreement.
2.3 Discrimination. The Employer will not intertere with, restrain or coerce the employees
covered hy this Agreement because of inembership in or activity on behalf of the Union.
The Employer will not discriminate in respect to hire, tenure of employment or any term or
condition of employment against any employee covered by this Agreement because of
membership in or activity on behalf of the Union, nor will it discourage or attempt to
discourage membership in the Union, or attempt to encourage membership in another
Union.
• `Abolished except as to present incumbents.
ol - l9�
ARTICLE 3. UNION RIGHTS
3.1 The Union may designate empioyees within the bargaining unft to serve as Union
Stewards and shall be required to administer this Agreement.
32 The Union shall furnish the Employer and appropriate department heads and District
Negotiator with a list of Stewards and aitemates, and shall, as soon as possible, notify
said appropriate District officials in writing of any changes thereto. Only those who are
Officers and Stewards shall be recognized by the Empioyer for the purpose of ineetings.
3.3 There shall be no deduction from the pay of a Steward when directly involved in meetings
with management relating to the administration of this Agreement during working hours.
3.4 Designated Union representatives shall be permitted to visit empioyees on job sites and
at department buildings during working fiours for the purpose of tfie administrafion of fhis
contract, so long as the Union representative does not interfere with the compietion of the
employees' job duties.
3.5 Shoo Steward. The Chief Steward or Assistant Chief Steward in the District will be
allowed to accompany an empioyee to meet with the Employer during regular working
hours for the purpose of grievance review and dispute resolution involving employees,
under the following conditions:
3.5.1
3.52
3.5.3
3.5.4
3.5.5
That only one employee from any one department be allowed to leave his/her
work.
That stewards wiil attend these meetings on their own time when they are held
outside of regular working hours.
That adequate notice is given to the supervisors so that permission may be
obtained from the Facility Operations Office.
That the steward has officialiy been designated as such by the Union.
Only the chief or assistant chief steward shall be excused for participation in
grievance and/or dispute resolution meetings.
3.6 A maximum total of eighty (80) hours without loss of pay per contract term will be allowed
for the combined use of a ma�cimum of four (4) shop stewards to participate in contract
i�ct�jviiaiivi�S� �Ti2uiuiiGiy vf H �Tic2tii�C�S�'rV�iiC~ uP2 ii�c��-fj.:^�:CJ' .~� �8y ::'.
hours of any of the stewards. It is understood that Union and the Employer wili, to the
greatest e�ctent possible and reasonable, schedule such meetings outside regular
working hours, and stewards will attend the meetings when this is the case on their own
time.
3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay
for one (1) week to attend such convention. Vacation or compensatory time may be used
for this purpose. The Union shali give at least ten (10) working days' advance notice of
the employees who will be participating in such conventions.
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• ARTICLE 3. UNION RIGHTS (continue�
3.8 Dues. Fair Share
3.8.1 Dues. The Empioyer agrees to deduct the Union membership initiation fee
assessments and once each month dues from the pay of those employees who
individual(y request in writing that such deductions be made. The amounts to
be deducted shall be cert'rfied 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 possibie.
3.8.2 Fair Share. Any present or future empioyee who is not a Union member shall
be required to contribute a fair share fee for services rendered by the Union.
Upon notification by the Union, tfie Employer shail check off said iee 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 legai.
3.8.3 The Union wili indemnify, defend, and hold the Empioyer harmless against any
claims made and against any suits instituted against the District, its officers or
empioyees, by reason of negligence of the Union in requesting or receiving
deductions under this Article. The District wiil indemnify, defend, and hold the
� Union harmless against any claims made and against any suits instituted
against the Union, its officers or empioyees by reason of negiigence on the part
of the Employer in making or forwarding deductions under this Article.
3.8.4 The Empioyer wili notify the Union in writing of all new employees covered by
this Agreement within a reasonable time period of the employee's first day of
work. The Employer will notify the Union at regular intervals regarding
employee status changes, including unpaid leave, promotion, demotion,
resignation, layoff, and/or retirement.
ARTICLE 4. MANAGEMENT RIGHTS
4.1 The Union recognizes the right of the Empioyer to operate and manage its affairs in ail
respects in accordance with applicabie laws and regulations of appropriate authorities.
The rights and authority which the Empioyer has not officialiy abridged, delegated or
modified by this Agreement are retained by the Emptoyer.
4.2 A public employer is not required to meet and negotiate on matters of inherent manageriai
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 ot technoiogy, and
organizational structure and selection and direction and number of personnel.
•
3
D/-1 9�
ARTICLE 5. TEMPORARY EMPLOYMENT
The District and Union acknowledge three types of temporary employment: Casual Service,
Short-term Service, and Extended Service. All persons employed in any temporary status or any
extension of temporary service must knowingly consent to such e�ctension and complete a
Temporary Empfoyment Certification Form acknowfedging the temporary nafure of fhe
assignment. All persons empioyed in any temporary status will be members of the bargaining unit
foliowing the completion of sixty-seven (67) workdays, and have the terms and conditions of
employment set forth in this Article. An extension of temporary assignment does not create any
continuing employment rights for the temporary empioyee.
5.1
52
Casual Service Temoorarv Emplovment
Casual service temporary employment will be characterized by assignments that are Iess
than sixty-seven (67) days in duration, and the terms and conditions of employment are
established solely by the Employer. These are not positions covered by the bargaining
unit. Work assignments wiil typically be overflow work which serves as an extension of,
and not a replacemenf for, the normal workforce of regular employees.
Short-Term Temoorarv Emplovment
52.1 Short-term temporary employment will be characterized by an inftial
employment assignment for up to 1,040 hours. One eutension for up to an
additional 1,040 hours will be permitted. A copy of the completed Temporary
Employment Certification Form signed at the time of the extension will be sent
to the Union.
52.2
52.3
52.4
5.2.5
52.5
Short-term temporary employees will be paid at the current minimum hourly
rate in Appendix A for the job class hired.
Short-term temporary empfoyees wiil receive paid fime off for the named
holidays in Article 8.
There shall be no other access to co�tractual benefits except as specifically
stated in 52.3 above.
Short-term temporary employment work assignmenis typ'�cally will serve as
short-term replacements for positions normaily filled by regular employees.
J aSSiyiuTiEiiw'r4iii fiv�inciij% t'i2 iv �.vtici ivi iii2 iviif3� n�� a.v� �L�l
a)
b)
c)
d)
e)
regular employees on paid leave,
regular employees on �on-compensatory teaves with guaranteed
retum,
vacancies in job ciasses where there is no list of eligible candidates
in place from which to make regular appointments,
positions that are of spec'rfic limited duration of less than iwelve (12)
months in duration,
other similar assignments.
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� ARTICLE 5. TEMPORARY EMPLOYMENT (continued)
5.3 Extended Service Temoorarv Empioyment
Extended service temporary employment will be characterized by temporary empioyment
which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature.
5.3.1 If the District determines the assignment for a short-term temporary employee
must be extended beyond 2,080 hours, the assignment wiil be considered an
extended service temporary assignmeni.
5.3.1.1 The District, Union and temporary employee must agree to any short-
term temporary employment that is to be extended beyond 2,080
hours.
5.3.12 The DistriCt, Union and temporary emp4oyee wi41 sign the Temporary
Employment Cert'rfication Form acknowiedging the temporary nature
of the assignment.
5.3.1.3 Upon agreement, the temporary empioyee will be considered an
extended service temporary employee.
5.3.2 Extended service temporary employees will be paid at the current minimum
hourly rate in Appendix A for the job class hired.
5.3.3 Extended service temporary employees wili have access to contractual benefits
as described in 5.3.3.1 through 5.3.3.4 below. The benefits in 5.3.3.1 through
� 5.3.3.4 will be effective the first fuli pay period after the completion of the first
2,080 hours in temporary status and after the signing of the Temporary
Employment Certification Form.
5.3.3.1 Paid sick leave time shali begin to accrue for all hours on the payroll,
based on a formula of .0576 hours time earned for each straight-time
hour on the payroll. Maximum accrual ailowed is 200 hours. There
is no exchange of accrued unused sick leave for cash payment.
5.3.32 Paid personal leave time shall begin to accrue (as vacation), for all
hours on the payroll, based on a formula of .0385 hours time earned
for each straight-time hour on the payroli.
5.3.3.3 The employee shaii have access to paid holidays as provided in the
labor agreement in Article 8, Section 8.5.
5.3.3.4 The empioyee shall be eligible for participation in and Employer
contribution to health care coverage and life insurance coverage as
provided for active regular employees in Articie 17, Section 1.
Temporary empioyees will be required to contact the Benefits Office
to apply for appropriate benefits. No access or benefit beyond these
specified sections is granted or created or intended or impiied. Any
cost of any premium for any District-offered employee or family
insurance coverage in excess of the specified District maximum
contribution limits shall be paid by the employee via payroll
deduction.
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ARTICLE 5. TEMPORARY EMPLOYMENT {continued)
5.3.4 There shall be no other access to contractual benefits except those spec'rfically
stated in 5.3.3 above.
5.3.5 An extended service temporary employee who, through the appropriate merit
based examination procedures, becomes employed as a regular employee
covered by this Agreement during the period of Extended Service Temporary
Employment shall have his/her period of temporary employment in excess of
the initial 1,040 hours recognized toward completion of the probationary service
requirement in the regular appointment.
5.4 None of the provisions of this Articie shall have any retroactive effect for any employee in
any temporary employment status prior to the effective date of this Article, July 1, 1993.
5.5 No access to continuing employment is created or intended by any provisions of this
Article.
ARTICLE 6. SENIORITY
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6.1 Generai Class SenioriN. Ciass seniority shafl be determined based on the continuous
length of probationary and regular service with the Empioyer (Independent School District �
No. 625, Saint Paul Pubiic Schoois) from the date the employee was first appointed to a
job ciass covered by this Agreement. Ciass seniority shall be understood to be on an
Employer-wide (District-wide) basis within each job class uniess expressly stated
otherwise. In cases where two or more empioyees are appointed to the same class title
on the same date, the seniority shall be detertnined by the employee's rank on the eligible
list from which cert'rfication was made.
6.1.1 It is further understood that only time worked For the Employer (Saint Paul
Public Schools) shali be considered for the purpose of seniority Calculations.
The only exception is for regular employees currently employed by the
Employer as of July 1, 1993, who have accrued time in a job class represented
L�)y t1IE VIIIDII �II $EI Vll'.0 WI 1I IIC V�l� l�i .SG�iti ratii� Fsiivi iv vjiij 1 �QOv F.�.:
those regular employees, the time in such job class with the City of Saint Paul
will continue to be considered as time with the Employer. If, however, the
employee has a break in employment with ihe Employer, (i.e., terminafion,
resignation, retirement) thereafter, 'rf re-employed, only the time following the
employee's subsequent rehire to the Employer will be considered for purpose of
seniority calculation.
6.1.2 An unsuccessful completion of probationary period for a position with the City of
Saint Paul by any employee covered by this Agreement shall not be considered
a break in employment with the Employer. A successfui completion of
probationary period for a position with the City of Saint Paul by any employee
covered by this Agreement shali be considered a break in employment with the
Employer.
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ARTICLE 6. SENIORITY (continued)
6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer
determines that it is necessary to reduce the workforce, employees wili be laid off in
inverse order of class seniority in the job class from which the reduction is to occur. The
Employer must terminate the empioyment of all temporary and provisional empioyees in
that job class before any regular empioyee in thai job ciass is laid off.
6.3 Class SenioriN Determination For Placement Followinq A Workforce Red_uction. For
pur¢oses of this Section, the job c(asses covered by this Agreement (excluding
Custodian-Engineer Trainee and abolished job classes) shall be considered one job class
series. The job class with the highest rate of pay shown in Appendix A shall be the
highest level job class in the series. The job class with the next highest rate of pay shown
in Appendix A shall be the next highest levei job class in the series, and so on down to the
last job class. When the number of employees in higher level job classes is to be
reduced, employees will be offered reductions to the next highest level job ciass, whether
or not the employee previousiy was appointed to such job class, in which class seniority
would keep the employee from being laid off.
It is understood that an employee being reduced shall have that employee's class
seniority in his/her current job ciass (and any appropriate class seniority in any lower level
job class that the employee previously held) used to determine rights to positions at the
time of the reduction. Thereby, employees whose positions are to be reduced shall have
the right to displace employees with less class seniority in that job class. The employee
with the least class seniority in the job class shall then be reduced to the next lowest title
for which the employee has more seniority than the least senior employee in that job
ciass. Employees being reduced shall not have the ability to reduce to abolished job
ciasses shown in Appendix A, unless the employee was previously appointed to such job
class, has no breaks in empioyment since appointed to such job class, and there remain
employees actively empioyed in that job ciass at the time of the layoff.
6.4 Recali From Workforce Reductions Recall from workforce reduction shall be in order of
class seniority within the job class from which the layoff occurred. However, recall rights
shali expire after two (2) years from the date of the layoff.
6.5 Class Senioritv Determination Followina Voluntarv Reduction. In the event that an
employee requests a voluntary reduction to a lower level job class, and such request is
approved by the Human Resource Department for the Empioyer, then the employee's
class seniority in the job ciass to which the employee is being reduced shall be the
continuous length of probationary and regular service with the Employer from the date the
employee was first appointed to the job class in this Agreement to which the employee will
be reduced (this would also inciude any continuous service time in higher levei job
classes covered by this Agreement). if the employee is reduced to a lower levef job ciass
not previously held, then the employee's ciass seniority in the job class to which the
employee is being reduced shall be the continuous length of probationary and regular
service with the Empioyer from the date the employee was first appointed to any higher
level job class covered by this Agreement.
Voluntary reductions will only be approved if the reduction is to a vacant position in a
lower level job ciass. It is understood that the employee will have no reinstatement rights
back to the former higher level job ciass foilowing the voluntary reduction. If the
employee is reappointed to the higher level job class through the appropriate testing and
selection procedures, then the empioyee's class seniority in that job ciass will begin as 'rf
newiy appointed to that job class. No empioyee will have the abiiity to voluntarily reduce
to any of the abolished job classes shown in Appendix A.
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ARTICLE 6. SENIORITY (continued)
6.6 Senioritv for Biddina on Location
6.6.1 Biddina for Location. Annually, after the beginning ot the schoo! year, the
Office of Facility Operations wiil post a fisting of vacant positions in the job
ciasses Custodian, Faciiity Services Worker, and Custodian-Engineer 1, with
the iocations of the vacancies. Employees who have been certrfied and
appointed to one of the above listed job classes may bid for an assignment in
that same job class at a different location shown on the posting. Bids for
assignments will be honored in order of ciass seniority in that job class
providing the empioyee is qual'rfied for the assignment No other positions are
posted for bid. Vacancies in new buildings will be open to bidding oniy by
employees who have had satisfactory or higher performance ratings for at least
the preceding year. Custodian-Engineer 1 vacancies in new buildings will be
listed only to attow employees in that job class to express interest in being
considered by submitting a letter to the department head.
a) Additionai vacancies in the spec'rfied job ciasses during the school year will
be similarly posted for bidding at least four (4) additional times during the
year, if there are appropriate vacancies available.
b) An employee who has been reassigned as a result of the bidding process is
not eligible for any further bidding for at least one (1) year. An employee
whose shift is changed signfficantly on a permanent basis, or whose shift is
changed from a daily assignment at one location to more than one location,
may bid once again in the same year.
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c) Nothing in this provision shall be construed to limit the right of the Employer •
to transfer an employee to another location without bidding if there is
reason to do so.
6.62 When there is a reduction in the number of posftions in a job class at a spec'rfic
buiiding, but the overail number of oositions in the iob class District-wide has
not been reduced, then class'rfication seniority applied District-wide will be used
to determine who is transferced out of that
6.6.3 If any fuli-time empioyee's position at a specific buiiding is eliminated and/or
changed to require the employee be scheduled to regularly pertorm work in two
buildings, the newiy assigned employee wiil:
a� Have thg gm�lp;ag'S �INqg ggnipriT� rgr.n�nZari in tlZg g�nnLi hLiltiinstlsl,
b) Have the employee's class seniority recognized in the new buiiding(s) and
may use such class seniority in the new building(s) assignment for purpose
of displacing the employee with the least class seniority in the same
classification from that employee's scheduled shift, providing the newly
assigned empioyee has more class seniority than the employee being
displaced. Fuli-time employees may not displace part-time employees, and
part-time employees may not displace full-time employees.
c) Retain the right to reclaim that employee's original pasition in the first
location shouid it reopen in the next thirteen (13) months, provided the
empioyee has not accepted a position through any bid process.
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ARTICLE 6. SENIORITY (continued)
6.6.4 A fuli-time empioyee whose position is eliminated and who is assigned to a
"floater" assignment in the employee's job class, at that time, shall have the
right to displace the least senior employee in the same job ciass who holds a
buildng assignment. If a"fioate�' position remains as an available vacancy, the
dispiaced least senior employee can be reassigned to a"fioate�' position in the
same job ciass.
A full-time empioyee whose position is eliminated and who is placed in an
assignment in the employee's job class that is more than two (2) hours different
than the shift assignment prior to the position elimination, at that time, shall
have the right to displace the least senior employee in the same job class who
holds a shift assignment that is within two (2) hours of the shift assignment prior
to the position elimination. If a"iloater' position remains as an availabie
vacancy, the displaced least senior employee can be reassigned a"floate�'
position in the same job class.
6.7 Senioritv for Shift Selection
6.7.1 All shifts and work areas are determined by the Employer. Nothing in this
Section 6.7. should be construed to limit the right of the Employer (department
head or designee) to change an employee to another shift or work area if there
is reason to do so.
6.7.2 There is no building seniority status for the purpose of bidding on locations or
shifts.
6.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by
� the Employer, and is pianned to continue for more than ihiriy (30) working days,
ten shift assignment for employees in that building in the classification of the
adjusted shift shail be re-bid. Class seniority shall be the determining factor, so
long as the employee is qualified and abie to perform the duties of the
assignment.
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6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in
the building. Plant Planning and Maintenance will review and determine any
schedule or classification change, and whether the vacancy will be filled. If the
vacancy is to be filied, the pasition will then be offered for location bid pursuant
to Section 6.6.1 of this Articie.
6.7.5 W hen a shift change of more than four (4) hours occurs in a position or severai
positions, then the position(s) shail be offered for bid pursuant to 6.6.1 of this
Article. An employee displaced by the re-bid shall be eligible to bid for any
other vacancy in that year even if the employee had successfuily bid earlier in
the same year prior to being dispiaced.
Senioritv Termination. AI{ seniority shali terminate when an employee retires, resigns or is
terminated.
SenioriN Consolidation. Effective August 1, 1993, the job classes Custodian� and Facility
Services Worker will be treated as a singie job ciass for purposes of:
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6.9.1
6.92
6.9.3
6.9.4
Layoff and recall rights determination, except for the limitations on rights to
abolished titles as described in 6.3 of this Articie.
Bidding on work location as described in 6.6 of this Articie
Bidding on shift selection within a location as described in 6.7 of this Article.
Job assignment as determined by the Employer within any location .
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7.4.1 There shatl be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as described in Article 19.
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ARTICLE 7. VACATION
7.1 Vacation credBs shall accumulate at the rates shown below for each fuli hour on the
payroll, exciuding overtime.
Annuai Hours
of Vacation
Earned Per
Hour on Pavroll
Years of Service
7.2
1 st through 4th year
5th through 9tfi year
10th through i 5th year
16th yearthrough 23rd year
24th year and Thereafter
.0500
.0692
.0769
.0923
.1715
Annual
Hours
Earned
104
i44
160
192
232
Days
Eamed
13
18
20
24
29
Calculations are based on 2,080 hour work year and shall be rounded off to the nearest
hour.
An employee may carry over into the next `calenda�' year up to one hundred six[y (160)
hours of vacation.
7.3 All vacation time shall be approved by the department head. Upon separation from
service, if employee has provided ten (10) calendar days' notice to the Employer in
wrifing, any unused, accrued vacation shat( be paid at fhe empfoyee's current rate of pay.
If an empioyee has been granted more vacation than the employee has earned up to the
time of separation from service, the employee shall reimburse the District for such
uneamed vacation at the employee's current rate of pay, If an employee is separated
from service by reason of discharge, retirement or death, the employee shall be paid for
any unused, accrued vacation eamed up to the time of sucfi separation.
7.4 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to
exceed a totat of forty [40] hours) in any year.
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• ARTICLE 8. HOLIDAYS
8.1 Holidavs Recoanized and Observed. The foilowing days shail be recognized and
observed as paid holidays:
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriaf Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible empioyees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the holidays listed above shall fail on Saturday, the
preceding Friday shali be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shail be observed as the holiday.
For those employees assigned to a work week other than Monday through Friday the
following language shall apply. W henever any of the holidays listed above fall on the first
day of an employee's two (2) consecutive days off following that employee's normal work
week, the last day of the employee's normal work week preceding the holiday will be
observed as the holiday. Whenever any of the holidays listed above fall on the second
day of the employee's two (2) consecutive days off foliowing that employee's normal work
week, the first day of the employee's normal work week following the holiday will be
• observed as the holiday.
8.2 EliaibiliN Reauirements. To be eligible fior hoiiday pay, employees must be active on the
payroll the day of the holiday.
8.3 If an empioyee entitled to a holiday is required to work on Martin Luther King, Jr. Day or
Presidents' Day, he/she shall be granted another day off with pay in lieu thereof as soon
thereatter as is reasonable; the specific date shaii be determined by agreement between
the employee and the operations coordinator, subject to approval of the department head;
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He(she shall be paid on a straight-time basis for such hours worked, in addiUOn to hislher
regular holiday pay.
If an employee entitled to a holiday is required to work on New YeaPs Day, Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving or Christmas
Day, he/she shall be recompensed for work done on this day by being granted
compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half
basis or such hours worked, in addftion to the regular holiday pay.
8.4 Notwithstanding Articie 8.2, a temporary employee shall be eligible for holiday pay only
after such employee has been employed as a temporary employee for sixty-seven (67)
consecutive workdays.
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ARTICLE 9. HOURS AND PREMIUM PAY
9.1 Definitions. The purpose of this Section is to provide a basis for computation of straight
time, overtime, and other wage calculations, and nothing in this Article shali be construed
as a guarantee or commitment by the Employer to any individual employee of a minimum
or maximum number of hours of work.
9.1.1 Week. A week shaii consist of seven (7) consecutive days beginning at 12:01
A.M. on Monday and ending at 12:00 midnight the following Sunday.
9.1.2 Day. A day shali consist of twenty-four (24) consecutive hours beginning at
12:01 A.M. at the start of a calendar day and ending at midnight of that day.
9.1.3 Normal Work Schedule. The normal work schedule for empioyees covered by
this Agreement shall consist of forty (40) hours or work scheduled on five (5)
consecutive eight (8) hour workdays. The department head, with the
concurrence of the Union, may modify the work schedule to consist of forty {40)
hours of work scheduied on four (4) consecutive ten (70) hour workdays. The
hours worked in a day shail be consecutive excluding any unpaid Iunch period
scheduled during the employee's assigned workday. The unpaid lunch period
may not exceed one (1) hour in length.
9.3.3.1 Rest Breaks. Each normal workday shall include two paid fifteen
(15)-minute rest breaks, at a time assigned by the immediate
supervisor, one occurring approximately two hours from the
beginning of the shift; the second occurring approximately six hours
from the beginning of the shift.
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9.1.32 Lunch Break. All full-time employees are entitled to a duiy-free lunch �
break of thirty (30) minutes without pay, at a time assigned by the
supervisor, and occurring approximately at the midpoint of the shift.
If no relief is availabie for a duty-free lunch at approximately the
midpoint of the employee's shift, the employee shall receive a thirty
(30) minute paid lunch.
9.1.3.3 Stackina of Breaks. It is understood by ail parties that employees
cannot combine their break periods andJor lunch periods to create a
longer lunch break period or to leave early.
92 Call-In Pav. When an employee is called to work, the empioyee shali receive two (2)
hours of pay at the employee's normal hourly pay rate if the employee reports to work as
called and is then not put to work. If the empioyee is called to work and commences
work, the empioyee shail be guaranteed four (4) hours of pay at the employee's normal
hourly pay rate. These provisions, however, shail not be effective when work is unable to
proceed because of adverse weather conditions; nor shall these provisions apply to
temporary employees nor to arty person ovhose regularly-scheduled workday is less thart
four (4) hours per day.
9.3 Premium Pav for Shift Differential. Effective March 4. 1995. Any employee who works on
a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differential for
the entire shift. The shift differentiat shatl be five percent (5%) of the base rate. tf an
empioyee requests a day shift (starting at or before 1 p.m.) and that request is granted,
the empioyee will not receive night shift differential for any day shift worked.
9.4 S�ecial DuN Pav. Employees assigned to work in the special duty category of custodial
worker shafl be paid at ninety percent (90%) of the rate paid for posftions in fhe
Custodian' job ciass. •
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� ARTICLE 9. HOURS AND PREMIUM PAY (continued)
9.5 Lonaeviiv Pav. Empioyees who have completed tweniy (20) full-time equivaient years of
service with the Empfoyer as of Juiy'f each year shafl receive an additional �25 (25¢) per
hour above the normai hourly rate of pay.
9.6 Overtime. Work performed in excess of forty (40) hours of work in a normal work
schedule or eight (8) hours of work in a normal workday wiil be considered overtime.
Qvertime work shall be done only by order of the depaRment head. Overtime shai! be
paid at the rate of one and one-haif (1-1/2) times the empioyee's current hourly pay rate
including applicable shift differentiai or premiums. Empioyees assigned to work on four
(4) consecutive ten (10) hour workdays shali receive overtime pay for work in excess of
ten (10) hours in the workday.
The overtime compensation due the empioyee shall be paid at the rate herein cited, or by
granting compensatory time on a time and one-half basis if mutually agreed to by the
District and the employee.
9.7 E�c ualization of Overtime. The purpose of this Subdivision is to state clearly the intent of
the parties regarding procedures which wiil be used to call and/or assign employees in the
unit for overtime work during the term of the 2000-2002 Labor Agreement. See Appendix
B for language.
These procedures shali become effective beginning with the first full month after the
Board of Education adoption of the 2000-2002 Labor Agreement. Renewai, revision, or
continuation of these provisions will occur oniy if the parties so agree. Absent such
agreement, the provisions of this Appendix B terminate June 30, 2002.
• ARTICLE i0. WORKISVG OUT OF CLASSIFICATION
10.1 For purposes of this Article, an out-of-class assignment is defined as an assignment of an
employee to perform, on a fuil-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 ciassification held by such employee.
102 The Employer shall avoid, whenever possible, working an employee on an out-of-class
assignment for a prolonged period of time. Any employee working an out-of-class
assignment for a period in excess of fifteen (15) consecutive working days shall receive
the rate ofi pay for the out-of-class assignment in a higher classification beginning on the
sixteen (16th) consecutive working day of such assignment. The rate of pay for an
approved out-of-class assignment shali be the same rate the empioyee would receive if
such employee received a regular appointment to the higher class'rfication.
10.3 An emptoyee who otherwise would receive a shift ditferential shall not fose the shift
differential during any portion of the out-of-Class assignment prior to being paid the rate of
pay for the higher classification.
ARTICLE 11. SUPERVISORY ASSIGNMENT
11.1 An engineer who is assigned to supervise other empioyees will be at least one title higher
in the series than the employees he/she supervises.
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ARTICLE 12. UNIFORMS
12.1 Employees in this bargaining unit are required to wear un'rforms when on duty. Uniforms
will be supplied as foilows:
The Disfrict wilt initia((y provide each employee (or newty appointed employee) with five (5)
shiris or five (5) smocks. Each year thereafter, the District wiil provide employees with
three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested
and received the initial five (5) shirts or five (5) smocks prior to implementation of this
provision will be considered already initially supplied.
122 Uniform shirts will be worn at all times when school is in session inciuding summer
school, and/or whenever the school building or site is scheduled through usuai
procedures for use by fhe public. During school vacation periods the uniform shirt wiil be
optional. However, for employees who choose to not wear the un'rform shirt during school
vacation periods, the standard dress rules are in effect. Un'rform shirts are to be wom
only while at work, and en route. The employee is not to wear the un'rform shirt during
personal events and activities, work outside the School District, or incidental stops at
places seiling on-sale liquor, or other such places not consistent with the image of the
School District.
12.3 Each employee is responsibie for laundering, pressing, and making minor repairs, such
as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair
during the course of dury, it will be replaced at no cost to the employee when the
damaged shirt is retumed to the District. Normal wear wili not be considered for
replacement except through the annuai cycle. The District will attempt to provide the
replacement sfiirts at the beginning of each schoof year.
12.4 Safetv Shoes. The District agrees to pay thirty doilars ($30) per year toward the cost of
safety shoes required by the Empioyer and purchased by an employee who is a member
of this unit, under the following conditions:
12.4.1 The District Shall contribute toward the cost of one (1) pair of shoes per
contract year and shall not be responsible for any additional cost of any
additional shoes hereafter.
12.4.2 This reimbursement of thirty doilars ($30) shall be made only after verification
of expenditure and approvai by the Department head or designated supervisor
of the employee.
12.4.3 This thirty dollars ($30) Employer contribution shall apply oniy to those
employees who are required to wear protective shoes or boots by the
Employer, and the contribution shall not exceed the actuai cost of such shoes
or boots.
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• ARTICLE 13. LEAVES OF ABSENCE
13.1 Leave of Absence. After three (3) months of employment, an employee may make
application for a leave of absence without pay or employer-paid benefits not to exceed
one (1) year. Requests for leave of absence shall be submitted to the Human Resource
Department for consideration not less than sixty (60) days prior to the requested date of
the leave. Granting of such leaves wili be subject to the operational needs and approval
of the Employer.
132 Sick Leave. Sick leave shaff accumuiate at the rate of .0576 of a working hour for each
full hour on the payroll, excluding overtime. Sick leave accumulation is unlimfted. To be
eligibie for sick leave, the employee must report to his/her supervisor no later than one-
hour before his/her regular scheduled starting time. The granting of sick leave shail be
subject to the terms and provisions of this Agreement. Any employee who has
accumulated sick leave as provided above shall be granted leave with pay, for such
period of time as the head of the department deems necessary for the foilowing spec'rfied
allowable uses:
132.1 Personal Iilness. Employees may use accumulated sick leave for hours off due
to personai iliness. The empioyee may be required to fumish a medical
certificate from a qualified physician as evidence of iliness or physical disability in
order to qualify for paid sick leave as per District practice Accumulated sick teave
may also be granted for such time as is actually necessary for office visits to a
doctor, dentist, optometrist, etc.
132.2 Family Illness. Empioyees may use accumulated sick leave for hours off due to
sudden sickness or disabiliiy of a parent or a member of hisfier household or to
make arrangements for the care of such sick or disabied persons up to a
• maximum of eight hours sick leave per incident. Up to forty (40) hours of
accumulated sick leave may be used in a work year to aliow the employee to care
for and attend to the serious or critical iliness of his/her spouse or dependent
parent. These hours when used are deducted from sick leave.
132.3 Sick Child Care Leave. Sick leave to care tor a sick child sfiall be granted on the
same terms as the employee is able to use sick leave for the employee's own
iliness. This leave shall only be granted pursuant to Minn. Stat. §181.12413 and
shaii remain availabie as provided in Statute.
13.2.4 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days,
shall be granted because of the death of an empioyee's spouse or child.
132.4.1 Up to three (3) days shall be granied because of death of otfier
members of the empioyee's immediate family. Other members of the
immediate family shali mean father, mother, sister, brother, parent-in-
law, son-in-law, daughter-in-law, grandparent, or grandchild.
13.2.42 Leave of absence for one (1) day shall be granted because of death of
other close relatives. Other close relatives shall mean uncle, aunt,
nephew, niece, brother-in-law, and sister-in-law.
132.4.3 A"da�' for this purpose shall be equivalent to the regularly assigned
workday of the employee, and such leave shall be deducted from
accumulated sick leave.
132.4.4 If an employee is required to travei beyond a two hundred (200)-mile
radius of Saint Paul for purposes related to eligible bereavement
• leave, one (1) additionai day of sick leave may be used.
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ARTICLE 13, LEAVES OF ABSENCE (continued)
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13.2.5 Adoption Leave. 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 child. Use of these fifteen (15) days does not need to occur
consecutively,
13.3 Requestino Sick Leave. No sick leave shall be granted for the above reasons unless
the employee reports to his/her supervisor the necessiry for Yhe absence no later than one
(1) hour before his/her regular scheduled starting time. For an employee whase shift
begins after 11;00 A.M., the employee must call his/her supervisor to report the illness by
10:00 A.M. The empioyee must cali his/her supervisor on each day of the iliness and on
the date of return to work by the times spec'rfied, unless the requirement to call in is
waived by the supervisor after verification of extended iliness. Sick leave wiii not be
granted to any employee who does not properly report the necessity for the absence,
uniess he/she can show to the satisfaction of the supervisor that the failure to report was
excusable. Employees will be required to provide medical verification of the illness at the
discretion of the supervisor. For the purposes of Articles 13.5 and 13.5.1, medicai
ver'rfication will be defined to mean, `A written note issued from a qualified treating
medical provider during the period the employee was absent from work ° The medical
verification will be provided to the Employer before the employee retums to work.
13.3.1 Sick Leave - Medical Verification. Employees will be required to provide
medical verification of the iilness at the discretion of the supervisor, and
especiaify noting the following circumstances:
(1)
��)
(3)
An employee who used more than ten (10) sick days per year is likely
to be required to provide medicai certification of iliness.
Absences which reflect a pattem are likely to result in a medical
certrfication requirement.
Exampies:
(a) Frequent absences on Fridays and Mondays.
(b) Absences precedingffollawing recognized holidays.
Reasonable cause to suspect that sick leave is being requesteci
inappropriately is Iikely to resutt in cert'rfication requirement.
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Prior to requiring medical verification, the supervisor will meet with the
employee (and Head Engineer). The employee will have the right to have union
representation at ihe meeting. The supervisor wili notify the employee in writing
that medical verification will be required for any further sick leave usage.
After the end of every schooi year, there will be a review of the medical
cert'rfication requirement for aii affected employees unless the requirement has
been in place less than nine (9) months. This review may or may not result in a
change of the medical certification requirement, The employee will be notified
in writing as to the status of this requirement. 7he written notice witi be sent to
the employee with a copy to the Buiiding Head and the Union.
13.4 Family Medical Leave. Leaves of absence shail be granted as required under the federal
law known as the Family and Medical Leave Act (FMLA) so long as it remains in torce.
The Human Resource DepaRment provides procedures.
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ARTICLE 13. LEAVES OF ABSENCE (continued)
13.5 An empioyee shall be paid under the provisions of this paragraph only for the number of
days or hours for which he/she would normally have been paid if he/she had not been on
sick leave.
13.6 Matemitv/Parental Leave. Matemity is defined as the physical state of pregnancy of
an employee, commencing eight (8) months before the estimated date of childbirth, as
determined by a physician, and ending six (6) months after the date of such birth. In the
event of an employee's pregnancy, the empioyee may appiy for Ieave 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. Parental leave shaii be
granted to empioyees for the birth or adoption of a chiid in accordance with appiicabie
state and federal laws.
13.7 Sick Leave Conversion. Sick leave accumulated in excess of 1,440 hours may be
converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1)
hour of vacation time, to a maximum of five (5) regutariy-assigned workdays (not to
exceed a total of forty [40] hours) in any year.
13.7.1 There shall be no conversion of unused sick leave in any amount at any time to
any cash payment other than the above-described conversion to vacation time
or severance as defined in Article 19.
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13.8 Sick Leave Incentive. If an employee does not use any sick leave (personal iiiness, sick
child, etc.) in the nine (9)-month period from September 1 through May 31, the employee
wilt be credfted with eight (8) additional fiouss of vacation time. If an employee qual'rfies
for an additional eight (8) hours of vacation time for perfect attendance September 1
through May 31, and if the empioyee has pertect attendance for the following period June
1 through August 31, the employee will be credited with an additional eight (8) hours ot
vacation time. This applies for the 2000-01 and 2001-2002 school years. This provision
is effective until June 30, 2002, and does not automaticaliy renew.
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ARTICLE 14. MILITARY LEAVE OF ABSENCE �
14.1 Pav Allowance. Any employee who shall be a member of the Nationai Guard, the Naval
Militia or any other component of the militia of the state, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Officers Reserve
Corps, the Enlisted Reserve Corps, the Navai 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, shali be entitled to leave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
leave or other benefits for all the time when such employee is engaged with such
organization or component in training or active service ordered or authorized by proper
authority pursuant to law, whether for state or federal purposes, provided that such leave
shali 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
satisfactority pertormed, which shaft be presumed uniess the contrary is estabtished.
Such leave shall not be allowed unless the employee: (1) retums to his/her position
immediateiy 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 retuming 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 Iimited for such leave.
142 Leave without Pav. 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 othervvise ailowed by law shali be entitled to
leave of absence from employment �rithout pay during such service with right of
reinstatement and subject to such conditions as are imposed by law.
14.3 Such leaves of absence as are granted under Articie 9 shal! conform to Minnesota ,
Statutes, Section 192, as amended from time to time, and shail confer no additional
benefits other than those granted by said statute.
ARTICLE 15. COURT DUTY
15.1 Any employee who is required to appear in court as a juror or witness shail be paid his/her
regular pay while so engaged, provided, however, that the employee is not appearing as a
witness in i�tiga��o� ii�CS@2`taKBit uji i�i@ 81NICiy� GP ZiiB vfiivi� H�Hii��i i l ic vi$i'w iuV:�2f,
any fees that the employee may receive from the court for such service shail be paid to
the Empioyer and be deposited with the District Office of Business and Finance. Any
employee who is scheduled to work a shift other than the normal daytime shift, shall be
rescheduled to work the normai daytime shift during such time as the employee is
requiretl to appear in court as a juror or witness.
ARTICLE 16. WAGE SCHEDULE
16.1 The wage schedu�e for purposes of this contract shall be Appendix A attached hereto.
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� ARTICLE 17. EMPLOYEE BENEFITS
SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE
1.1 The Empioyer will continue for the period ot this Agreement to provide for aetive
employees such heafth and I"rfe insurance benefits as are provided by Employer at the
time of execution of this Agreement.
12 EliaibilitvWaitinqPeriod. One (1) full month of continuous regulariy appointed
service in Independent School District No. 625 will be required before an eligible
employee can receive the District contribution to premium cost for fiealth anci tife
insurance provided herein.
1.3 Fuli-Time Status. For the purpose of this Section, full-time employment is defined as
appearing on the payroll reguiariy at teast thirty-two (32) hours per week or at least si�cty-
four (64) hours per pay period, excluding overtime hours.
1.4 Haif-Time Status. For the purpose of this Section, half-time employment is defined as
appearing on the payroll regularly at least twenty (20) hours but less than thirty (30) hours
per week or at least forty (40) hours but less than sixty (60) hours per pay period,
excluding overtime hours.
Regufarly-scheduled hours are the daify hours which are specificalfy authorized for the
employee and assigned by the supervising administrator, and verified by the Human
Resource Department, as the regular schedule. Occasional work time assigned in
excess of the minimums stated in 1.3 and 1.4 shail not be construed as providing
eligibility for insurance premium payment.
, NOTE: Any employee who is regularfy scheduted for less than twenty (20) full hours of
work per five (5)-day week or who is scheduled irregularly is ineligibie for any
benefits described in this Section.
Nothing in this Agreement shall be construed as a guarantee of any hours of
work.
1.5 Emolover Contribution Amount--Fuli-Time Emolovees. Effective July 1, 2000, for each
eligible employee covered by this Agreement who is empioyed fuii time and who selects
empioyee insurance coverage, the Employer agrees to contribute the cost of such
coverage or $220 per month, whichever is less. For each eligible full-time employee who
selects family coverage, the Employer will contribute the cost of such family coverage or
$395 per month, whicfiever is less.
1.5.1 Effective January 1, 2001, for each eligible empioyee covered by this
Agreement who is employed fuli time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $240
per month, whichever is less. For each eligible fuil-time employee who selects
family coverage, the Employer wiif contribute the cost of such family coverage
or $420 per month, whichever is less.
1.5.2 Effective January 1, 2002, for each eligible empioyee covered by this
Agreement who is employed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $265
per month, whichever is less. For each eiigibie fuil-time empioyee who selects
family coverage, the Empioyer will contribute the cost of such family coverage
• or $445 per month, whichever is less.
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ARTICLE 17. EMPLOYEE BENEFITS (continued) �
i.6 Emplover Contribuiion Amouni: Married Couoles. Full-time employees who are married
to another District employee and who are covered under their spouse's health pian may
waive the single or family contribution to health insurance and rece'nre up to $150 per
month toward their spouse's family premium. The combination of District contributions
cannot exceed the full cost of family coverage and cannot be appiied in cases where the
spouse is receiving health insurance through the DistricYs cafeteria benefits plan.
1.7 Emplover Contribution Amount--Haff-Time Em�lovees. For each eligible employee
covered by this Agreement who is empioyed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time empioyee who selects family insurance coverage, the
Employer wil! contribute tifty percent (50%) of the amount contributed tor full-fime
employees selecting family coverage in the same insurance plan. Part-time empioyees
are not eligible for any of the married couple contributions in Subd. 1.6.
1.7.1 Notwithstanding Section 1.7 above, employees covered by this Agreement and
empioyed half time prior to January 1, 1978, shall receive the same insurance
contributions as a full-time employee. This Section 1.7.1 applies onty to
employees who were employed half-time during the month of December 1977
and shall continue to appiy only as long as such empfoyee remains
continuously employed haif time.
1.8 �ife irtsurance. For each eligible employee, the Employer agrees to contribute to the
cost of $50,000 life insurance coverage. The total premium contribution by the Employer
for ali life insurance coverage shall not exceed $11.10 per month. This amount shaii drop �
to $5,000 of coverage (in the event of early retirement) untii the retiree reaches age 65;
then all Empioyer coverage shall terminate.
1.9 Lonq-Term Disabilitv. Effective, January 1, 1999, or each eligible empioyee, ihe
Employer agrees to contribute to a long-term disability plan. The total premium
contribution by the Empioyer for this coverage shall not exceed $10 per month.
1.10 Flexible Spendina Account. It is the intent of the Employer to maintain during the
term of this Agreement a ptan for medical and child care expense accounts to be
available to empioyees in this bargaining unit who are eligible for Employer-paid premium
contribution for health insurance for such expenses, within the established legal
��iiiHiiOiiS �i�'u iRS i8yiiiTB�TiBi�iS ivi SiiCii 8wvi7i�iS.
1.11 The contributions indicated in this Section 1. shali be paid to the Employe�s group heatth
and welfare plan.
1.12 Any cost of any premium for any Employer-offered employee or famity insurance
coverage in excess of the dollar amounfs stated in this Section shall be paid by the
empioyee through payroll deduction.
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ARTICLE 17. EMPLOYEE BENEFITS {continued}
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 1 Benefit Eliaibilitv for Emolovees who Retire Before Aae 65
1.1 Em�lovees hired into Distsict service before Julv 1. 1996, must have completed the
foliowing service eligibil"ity requirements v�ith independent School District No. 625 prior to
retirement in order to be eligible for any payment of any insurance premium contribution
by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paui Teachers Retirement
Association or other public employee retiree program at the time of retirement and
have sevesed the employment retationship with lndependent Schoo! District 625;
B.
C.
D.
E.
1.2
1.3
Must be at least fifty-five (55) years of age and have completed twenty-five (25)
years of service, or;
The combination of their age and their years of service must equal eighty-five (85)
or more, or;
Must have completed at least thirry (30) years of service, or;
Must have completed at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paui will continue to be counted toward
meeting the service requirement of this Subdivision 1.1 B, G or D, but not for 1.1 E.
Emolovees hired into District service after Julv 1. 1996. must have compieted twenty (20)
years of service with Independent School District No. 625. Time with the City of Saint
Paul wili not be counted toward this twenty (20)-year requirement.
Eligibility requirements for aii retirees:
A. A retiree may not carry his/her spouse as a dependent if such spouse is also an
Independent School District No. 625 retiree or Independent Schooi District No. 625
employee and eligible for and is enroiled in the Independent School District No.
625 heaith insurance program, or in any other Empioyer-paid heaith insurance
program.
�
C.
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Additio�al dependents beyond those designated to the Disuict at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
Employees terminated for cause will not be eligible for employer contribution
toward insurance premiums for either pre-age 65 or post-age 65 insurance
coverage.
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ARTICLE 17. EMPLOYEE BENEFITS (continued) �
Subd. 2. Emplover Contribution Levels for Emolovees Retirina Before Aae 65
2.1 Health Insurance Employer Contribution
The District will for the period of this Agreement provide employees who meet the
eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term
of this Agreement, and until such employees reach sixty-five (65) years of age, such
health insurance premium contributions up to the same dollar amount as were made by
the District for heaith insurance for single or family coverage by that carrier, for an
emptoyee under this Agreement, in his/her last month of active employment. fn the event
new carciers repiace those in place at execution of this Agreement, the dollar amounts
being paid for singie or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any empioyee who is receiving family
coverage premium contribution at date of retirement may not later ciaim an increase in
the amount of the Employer obiigation for single coverage premium contributions to a
carrier after deleting family coverage.
22 Life Insurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 12
above, premium contributions for eiigible retirees for $5,000 of I'rfe insurance only until
their 65th birthday. No life insurance will be provided, or premium contribu6ons paid, tor
any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eligibil'rty for Emplovees After Aae 65 •
3.1 Emolovees hired into the District before Julv 1. 1996. who retired before age 65 and are
receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer
premium contributions for health insurance described in Subd. 4 of this Article.
32 Emplovees hired into the District before Julv 1. 1996, who retire at age 65 or older must
have completed the eligibility requirements in Subd. 1 above or the following eligibility
requirements to receive District contributions toward post-age-65 health insurance
premiums:
A. Employees hired before January 1, 1987, must have remained continuously
Biil�iiuj%@"u� `Vy i�'iB viSiti�:i. f'�i SuCi� 8Tii�'i��iyEES 'vi cailjr icaii2cS- :5%iw- iiuL'0 ��:..
completed at ieast twenty (20) years of service with the District at the time of their
retirement, the Employer will discontinue providing any health insurance contributions
upon their retirement or, in fhe case of early refirees, upon fheir reaching age 65.
B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have
completed twenty (20) years of continuous employment with the District. For such
employees or earry retirees who have not completed at least twenty (20) years of
service with the District at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul eamed prior to July 1, 1996,
wili continue to be counted toward meeting the District's service requirement of this Subd.
3. Civil service time worked with City of Saint Paul after May 1, 1996, wili be considered a
break in District employment.
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� ARTICLE 17. EMPLOYEE BENEFITS (continued)
3.3 Emplovees hired on or after JuN 1. 1996, shall not have or acquire in any way any
eligibility for Empioyer-paid health insurance premium contribution for coverage in
retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after
July 1, 1996, shall be eligibie for oniy eariv retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emolover Contribution Leveis for Retirees After Age 65
4.1 Emolovees hired into the District before Juiv 1. 1996 and who meet the eligibility
requirements in Subdivisions 3.1 or 3.2 of this Articie are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District.
Premium contributions for such policy wiil not exceed:
Coverage Twe
Medicare Eligible
Non-Medicare Eligible
Sinale Famiiv
$300 per month $400 per month
$400 per month $500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions spec'rfied must be paid directly
and in full by the retiree, or coverage wiil be discontinued.
Subd.5. Em�lovees hired after Julv 1. 1996, after completion of three (3) fuli years of
consecutive active service in Independent Schooi District No. 625, are eligible to
• participate in an empioyer matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District will match up to $50 per paycheck up to $500 per year of
consecutive active service, up to a cumulative i'rfetime maximum of $12,500. Part-time
employees working hatS-time or more will be e{igible tor up to one halt (50%) ot the
availabie District match. Approved non-compensatory leave shall not be counted in
reaching the three (3) fuli years of consecutive active senrice, and shall not be considered
a break in service. Time worked in the City of Saint Paul will not be counted toward this
three (3)-year requirement.
Federal and state rules governing participation in the Minnesota Deferred Compensation
Plan shall apply. The empioyee, not the District, is solely responsible for determining
his/her total maximum allowabie annual contribution amount under IRS regulations. The
empioyee must initiate an application to participate through the District's specified
procedures.
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18.1 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 eligibie for such
reimbursement, employees must receive authorization from the District Mileage
Committee utifizing the fol(owing pian:
ARTICLE 18. MILEAGE
PLAN A. Effective rate approved by the Board of Education or 31 ¢ per mile, whichever is
greater. In addition, a maximum amount which can be paid per month is established by
an estimate furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the experience of
another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip made.
ARTICLE 19. SEVERANCE PAY
19.1 The Employer shall provide a severance pay program as sei forth in this Article. Payment
of severance pay shall be made within the tax year of the retirement.
192 To be eligible for the severance pay program, the empioyee must meet the following
requirements:
�
192.1 The empioyee must be fifty-five (55) years of age or older or must be eligibie for
pension under the "Rule of 90' provisions of the Public Empioyees Retirement
Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall also .
apply to employees covered by a public pension plan other than PERA.
192.2 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this severance
pay program.
19.3 If an employee notifies the Human Resource Department three (3) months in advance of
the date of retirement and requests severance pay and if the employee meets the
eligibility requirements set forth in 19.2 above, he or she will be granted severance pay in
an amount equal to $75 pay for each day of accrued, unused sick leave, up to 200 days.
i9.3.1 If an employee nofrfies the Human Resource Department in less than three (3)
months in advance of the date of retirement and requests severance pay and 'rf
the employee meets the eligibility requirement set forth above, he or she will be
granted severance pay in an amount equai to $65 pay for each day of accrued,
unused sick leave up to 231 days.
i9.32 If art empioyee has a sudden itiness�njury necessitating immediate retirement,
and if the employee meets the eligibility requirements set forth above, he or she
will be granted severance pay in an amount equal to $75 pay for each day of
accrued, unused sick leave up to 200 days.
19.4 The maximum amount of money that any employee may obtain through this severance
pay program is $i5,000.
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ARTICLE 19. SEVERANCE PAY (continued)
19.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment and, if the employee would have met all of the
requirements set forth above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
19.6 For the purpose of this severance pay program, a
District No. 625 employment to City oi Saint Paul
separation of employment, and such transferee shall
program.
ARTICLE 20. DISCIPLINE
20.1
20.2
20.3
transfer from Independent Schooi
employment is not considered a
not be eligible for this severance
The Employer will discipline empioyees for just cause only. Discipiine will be in the form
of:
20.1.1 Oral reprimand;
20.1.2 Written reprimand;
20.1.3 Suspension;
20.1.4 Reduction;
20.1.5 Discharge.
A notice in writing of Suspensions, Reductions, and Discharges shall be sent to the
employee and the Union seventy-two (72) hours after such action is taken.
Employees and the Union wiii receive copies of written reprimands and notices of
suspension and discharge.
20.4 Employees may examine all information in their Employer personnei file that concerns
work evaluations, commendations and/or discipiinary actions. Files may be examined at
reasonable times under the direct supervision of the Employer.
20.5 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension,
demotion, or discharge, the supervisor will make a recommendation to his/her supervisor
regarding proposed discipline. That supervisor will then schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee
shail have the opportunity to have union representation present and be provided the
opportunity to speak on his/her behalf regarding the proposed action. If the empioyee is
unable to meet with the supervisor, the empioyee andlor union wiil be given the
opportunity to respond in writing.
20.6 An employee to be questioned concerning an investigation of disciplinary action shall
have the right to request that a Union representative be present.
20.7 Empioyees who are suspended, demoted or discharged shall have the right to request
that such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 21 (Grievance Procedure); as an aiternative option, such empioyee
can request a review, consistent with Minnesota Statute § 179A.20, Subd. 4. Once an
employee, or the Union acting in the empioyee's behalf initiates review in one forum, the
matter shali not be again reviewed in another forum. Oral reprimands shali be subject to
the grievance review procedures through Step 3 only.
An employee who elects the contractual grievance procedure as the forum for review of a
disciplinary action has not thereby waived any rights secured to him/her under Minnesota
Statute § 197.46, other than the choice of forum tor review.
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ARTICLE 21. GRIEVANCE PROCEDURE
21.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shail notify
the Employer in writing of the names of the stewards and of their successors when so
named.
212 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shall therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shall suffer no loss of pay when a grievance is processed during
working hours provided the steward and the empioyee have nofrfied 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.
21.3 The procedure estabiished by this Article shall be the sole and exclusive procedure,
except for the appeai of disciplinary action as provided by Articie 7, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement. A grievance shall be resoived in conformance with the following procedure:
�
Ste� 1. Upon the occurrence of an aileged violation of this Agreement, the employee
invoived shall attempt to resolve the matter on an informal basis with the employee's
supervisor. If the matter is not resoived to the employee's satisfaction by the informal
discussion, it may be reduced to writing and referred to Step 2 by the Union. The written
grievance shail set forth the nature of the grievance, the facts on which it is based, the
alleged section(s) of the Agreement violated, and the relief requested. Any aileged
violation of the Agreement not reduced to writing by the tJnion within fourteen (14) �
calendar days of the first occurrence of the event giving rise to the grievance shall be
considered waived. At this step only, an extension of seven (7) additional calendar days
shatl be granted automatically'rf requested by the Business Representative or steward.
Steo 2. Within fourteen (14) calendar days after receiving the written grievance, a
designated Employer supervisor shail meei with the Union steward and attempt to resolve
the grievance. If, as a result of this meeting, the grievance remains unresolved, the
Employer shali reply in writing to the Union within fourteen (14) calendar days following
this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14)
calendar days foilowing receipt of the Empioye�s written answer. Any grievance not
referred in writing by the Union within fourteen (14) calendar days following receipt of the
r GiTij�iGyc�ru 3fiSW8f 5:�2.�� ..�'2.^,..^S:eio��i wgn;gri� ,
Steo 3. Within fourteen (14) calendar days foilowing receipt of a grievance referred from
Step 2, a designated Empioyer supervisor shall meet with the Union Business Manager or
designated representative and attempt to resolve the grievance. Within fourteen (14)
calendar days foUowing this meeting, the Employer shall reply in writing to the Union
stating the Employers answer conceming the grievance. If, as a resuft of the written
response, the grievance remains unresolved, the Union may refer the grievance to Step
4. My grievance not referred in writing by the Union to Step 4 within fourteen (14)
calendar days following receipt of the EmployePs answer shall be considered waived.
•
26
��-i q a
• ARTICLE 21. GRIEVANCE PROCEDURE (continued)
Steo 4. if the grievance remains unresolved, the Union may within fourteen (14) calendar days
after the response of the Employer in Step 3 by written notice to the Employer, request
arbitration of the grievance. The arbitration proceedings shail be conducted by an
arbdrator to be selected by mutuai agreement of the Empioyer and the Union within
fourteen (14) calendar days after notice has been given. If the parties faii to mutualiy
agree upon an arbitrator within the said fourteen (14)-day period, either party may request
the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the
Empioyer and the Union shali have the right to strike two (2) names from the panel. The
Union shall strike the first (ist) name; the Employer shall then strike one (1) name. The
process wili be repeated and the remaining person shall be the arbftrator.
21.4 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 oniy the
specific issue submitted in writing by the Employer and the Union and shail have no
authority to make a decision on any other issue not so submitted. The arbitrator shali 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
ot the hearing or the submission of briefs by the parties, whichever be later, untess the
parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or application of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shali be tinai and binding on the
Employer, the Union, and the employees.
21.5 The fees and expenses for the arbitrator's services and proceedings shail be borne
� equaliy 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 be made, providing it pays for
the record.
21.6 The time limits in each step of this procedure may be extended by mutuai agreement of
the Employer and the Union.
21.7 It is understood by the Union and the Employer that if an issue is resolved at any step by
this grievance procedure, that issue shall not again be submitted for review under the
provisions of the Rules and Regulations of Civil Service. It is further understood that if an
issue is submitted and resolved at any step by the grievance procedure under the Civil
Service Rules and Regulations, It shall not be submitted for review and arbitration under
procedures set forth in this Articie.
•
27
81-19�
ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE
22.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-down, stay-in or other concerted interterence with the Employer's business
or affairs by said Unions and/or the members thereof, and there shall be no bannering
during the existence of this Agreement without first using all possible means of peaceful
settlement of any controversy which may arise.
22.2 No lockout, or refusal to ailow employees to pertorm available work, shall be instituted by
the Employer and/or its appointing authorities during the I'rfe of this Agreement.
ARTICLE 23. NONDISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equaily without
regard to, or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
C�
232 Empioyees wili pertorm their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities involve other employees and the general public. �
.
28
o/-!q �,
� ARTICLE 24. TERMS OF AGREEMENT
24.1 Comolete Aoreement and Waiver of Bargaining. This Agreement shall represent the
complete Agreement beriveen the Union and the Employer. The parties acknowiedge
that during the negotiations which resutted in This Agreement, each had the unl'mtited right
and opportun"ity to make requests and proposais with respect Yo any subject or matter not
removed by law from the area of collective batgaining, and that the Complete
understandings and agreements arrived at by the parties after the exercise of that right
and opportunity are set forth in this Agreement Therefore, the Empbyer and the Union,
for the lite of this Agreement, eaah voluntan"ly and unquat'�t'iedty waives the right, and each
agrees that the other shal! not be obfigated to bargain Cotlectively with respect to any
subject or matter referred to or covered in this Agreement.
24.2 Savinas Ciause. This Agreement is subject to the laws of the United States, the State of
Minnesota, and the City of Saint Pau(. In the event any provision of this Agreement shail
hoid to be contrary to law by a court of competent jurisdiction from whose final judgment
or decree no appeai has been taken within the time provided, such provision shall be
voided. Ail other provisions shall continue in fuli force and effect.
24.3 Terms of Aareement. Except as herein provided, this Agreement shali be eHective as of
Jufy 1, 2000, and shall continue in fuit force and effect through the 30th day of June 2002,
and shali be automatically renewed from year to year thereafter uniess edher party shall
notify the other in writing at least sixty (60) days before the terminafion of this Agreement
that it desires to modify or terminate this Agreement. in witness thereof, the parties have
caused this Agreement to be executed as signed and dated below.
24.4 This constitutes a tentative Agreement between the parties which will be recommended
by the District Negotiations and Labor Relations Manager, but is subject to the approval of
• the Board of Education, and is also subject to rat'rfication by the Union.
W ITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
•
CS/
� '.� ' �l
9 -�� -� d
Date
o� �9�
APPENDIX A: 2000-2002 WAGES
The hourly wage rates and salary ranges for class'rfications in this unit are effective
July 1, 2000, as foliows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engi�eer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services Worker
Custodian*
Trainee
(Custodian-Engineer)
Probationary
Rate
$11.02
Probationary
Rate
$15.10
Entrv
$924
Probationary
Rate
$19.32
18.65
18.05
Base
Rate
$20.29
19.66
19.06
17.59 18.60
1723 17.97
Base After After
Rate 1 vear 2 vears
$11.57 $12.58 $13.36
Base
Rate
$1626
After After
6 Months 1 Year
$10.71 $12.18
After
18 Manths
$13.64
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
emp!oyee sha!! be �2�d at the "�se F3ate' houdy rate, Employees oromoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the emptoyee must complete a promotional probation
period.
Temporary employees shall be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
�
�
•
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�
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•
APPENDIX A: 2000-2002 WAGES
The houriy wage rates and saiary ranges for cfassrfications in this unit are effective
June 30, 2001, as foliows:
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Custodian-Engineer 1, Board of Education
Facility Services W orker
Custodian'
Trainee
(Custodian-Engineer)
Probationary
Rate
$11.35
Probationary
Rate
$15.55
Entrv
$9.52
Probationary
Rate
$19.90
1921
18.59
18.12
17.75
Base
Rate
$11.92
Base
Rate
$16.75
After
6 Months
$11.03
Base
Rate
$20.90
2025
19.63
19.15
18.51 _ - -
After After
1 vear 2 vears
$12.95 $13.76
After After
1 Year 1g Months
$12.54 $14.05
Personnel hired for employment with the District after the date of the signing of this Agreement, to
a class of positions listed in Appendix A above, shall be compensated at the `Probationary Rate"
hourly wage rate during their probationary period. After completion of the probationary period, the
employee shall be paid at the "Base Rate" houriy rate. Employees promoted from any of the
positions listed in Appendix A above to any other position listed shall receive the "Base Rate"
hourly wage rate, notwithstanding that the employee must compiete a promotional probation
period.
Temporary employees shali be paid the minimum rate indicated in this Appendix for the
classification in which they are employed.
'Abolished except as to present incumbents.
31
o��lld
APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE �
The purpose of this Appendix is to state cleariy the intent of the parties regarding procedures
which will be used to call and/or assign employees in the unit for overtime work during the term of
the 2000-2002 Labor Agreement.
These procedures shall become effective beginning with the first full month after the Board of
Education adoption of the 199&2000 Labor Agreement. Renewal, revision, or continuation of
these provisions will occur only "rf the parties so agree. Absent such agreement, the provisions of
this Appendix B terminate June 30, 2002.
Section 1 Qual'rfied Emolovees
A qualified person for all provisions of this policy is a regular fuil-time custodian or facility services
worker, or custodian-engineer who holds the appropriate license for the task, and has
demonsuated satisfactory job perfortnance.
1.1 An empioyee who has spec'rfied physical restrictions which impair his/her abilityto pertorm
a particular overtime task will not be assigned the overtime; for purposes of calling order
he/she will be considered, however, as having worked that overtime.
Section 2. Overtime Within a Buildina
Emp(oyees assigned to a particular building will have the first opportunity to work overtime in that
building. Persons who are interested in working overtime in the building wili be required to sign in
advance. The employees will be piaced on a list in order of District seniority. When a need for �
overtime arises, the qualified most senior employee on the list will be called first unless the
employee has afready worked overtime in that fiscal year. If the qualified most senior empioyee
has already worked overtime in that fiscai year, the next qualified employee on the Iist wiil be
called until all employees in the building have worked overtime. When all employees have worked
overtime, the process wiii be repeated. When an employee is asked to work overtime in the
buiiding and refuses, he/she will be considered as having worked that overtime. ff there are no
empioyees in the building who want to work overtime, then the overtime shall be classified as
District overtime and distributed as described beiow.
2.t When an empfoyee is new(y assigned to a buitding, hislher overtime eligibilify history for
that location will be determined by assigning to hiMher the average of overtime hours
.�w...� a.. .�..e.. s... u a t...� 1 ti� �i... �i�n !.inr nn nf h���rg w at1
-i.iEunov av �aac �v� 3ir $��2i.aca� BfiN�O7E2S-� i:i t 8 ....2. �2. .2.y.. Q�C
andlor refused).
22 The overtime history of each employee will be carried over from year to year in each
buiiding for that building.
Section 3 District Overtime
W hen there is District overtime work to be done on a planned basis (i.e., ft is of a non-emergency
nature), regutar employees assigned as relief staff wilt have the first opportunity to work the
overtime. Qual'rfied relief staff members will be contacted for the overtime work in seniority order
(i.e., most senior first) unless the employee has already worked overtime in that fiscal year. When
a qualified employee who is asked to work overtime refuses the work, helshe will be considered
as having worked that overtime assignment. If there are not sufficient quatified retief staff
empioyees available, qualified employees listed as available for emergency call out will be calied •
by the sarne procedure.
32
ol �R�
. APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued)
Effective July 1, 1998, the assigned relief staff will no longer have first opportunity to work District
overtime. ln September of each year Facility Operations will allow people interested in working
Districf overtime to sign up to be called. The most senior empioyees in one of three groups, 1)
Faciiity Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for
overtime needed in the group based on seniority order, uniess empioyee has aiready worked
overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses
the work, helshe will be considered as having worked that overtime assignment. !t there are not
sufficient quai'rfied relief staff employees available, qualified employees listed as available for
emergency caii out wiil be called by the same procedure.
Section 4 Mandatorv Overtime
The District retains the right to institute mandatory overtime if there are inadequate volunteers to
meet District needs. The mandatory system requires that the least senior employee who has not
worked overtime will be required to work first and so forth. Should mandatory overtime become
necessary, employees who have voluntarily worked overtime will be credited with the hours they
have previously worked.
Section 5. Emergencv Call Outs
This equalization of overtime does not apply to emergency calf outs requesting that overtime be
worked. A qualified empioyee who is wiiling to accept emergency overtime assignment
immediately upon notification may ask to be listed as availabie. The District will not list an
� employee for emergency call out if the employee has refused overtime work several times, or is
not qualified. The District, in assigning emergency call out, will do so as equitabty as
circumstances permi�
5.1 The District wili periodically provide to the Union a copy of the emergency call-out list, and
a taliy of time worked.
Section 6. Overtime Resultiny from Buiiding/Program Moves
Overtime resufting from moving a program or a staff/student population from one building/location
to another wili be treated as building overtime for staff in the location from which the move
originates. If more overtime workers are needed than the originating location can supply, the
District overtime procedure wiii be used to secure additionai workers.
Section 7 Grievance Process
Art alleged violation ot these procedures can be presented to the Employer by the Union for
review under the grievance procedures of the labor conVact through Step 3, as the finai appeai.
Step 3 review is at the levei of the Superintendent of Schoois, or his/her designee.
•
33
o� �9
APPENDIX C: ENGINEER 2-5 BIDDING
Biddina for location Custodian-Engineer 2-5 Positions
The parties agree to continue the pilot program allowing Custodial Engineer 2-5 employees to bid
on job openings. This pilot will continue for the duration of the 2000-2002 contract, and will not be
automatically extended as part of any successor agreement.
The Office of Facility Operations will post a listing of vacant positions in the job classes Custodian-
Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the
locations of the vacancies. Employees who have been certrfied and appointed to one of the
above listed job classes may bid for an assignment in that same job class at a different location
shown on the posting. Bidding wiil be oniy open to employees who have successfuily compieted
the probationary period and have satisfactory or higher performance ratings for at least the
preceding year. Bids for assignments will be honored in order of class senioriiy in that job class
providing the employee is qualified. This process requires that all Custodial Engineer 2-5
employees who bid be able to satisfactorily pertorm the full range of duties at the bid location from
the onset. With the rights to bid in this pilot process comes the responsibility to fuliy assess the
requirements of tfie location where he/she wouid bid and the strengths and weaknesses that
helshe may have.
a) Vacancies in the specified job classes during the school year wiii be posted
for bidding as they occur.
b) A Custodian-Engineer 2 who is assigned to evening shift must complete
one (1) year as an Engineer 2 before having the right to bid.
�
• If the Custodian-Engineer 2 assigned to evening shift bids on another �
evening shift and is reassigned as a resuit of this bidding process
he/she is not eligible for any further bidding for one (1) year.
• If the Custodian-Engineer 2 assigned to evening shift is reassigned to
a day shift as a resuft of this bidding process he/she is not eligible for
any further bidding for two (2) yeazs.
. If the Custodian-Engineer 2 assigned to day shift is reassigned as a
result of this bidding process helshe is not eligible for any further
bidding for two (2) years.
• An employee wfiose sfi�t is changed signfficantly (by more than finro
[2] hours) on a permanent basis, or whose shift is changed from a
d�ily assignment at one location to more than one location, may bid
once again without waiting the fuil two (2) years.
c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a result of
this bidding process is not eligible for any further bidding for three (3) years.
An employee whose shift is changed signrficantly (by more than two [2]
hours) on a permanent basis, or whose shift is chartged from a daily
assignment at one location to more than one location, may bid once again
without waiting the full iwo (2) years.
� �
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ot-t��
� APPENDIX C: ENGINEER 2-5 BIDDING (continued)
d) Nothing in this provision shall be construed to limit the right of the Employer
to transfer an empioyee to another location without bidding 'rf there is
reason to do so.
e) There wili be no bidding assignments in new buiidings. Custodian-Engineer
vacancies in new buiidings will be listed only to allow employees in that job
class to express interest in being considered by submitting a letter to the
deoartment head.
u
u
35
o`_�p
2000-2002 MEMOR.4NDUM OF llNDERSTANDING �
REGARDING TRAINING FOR
INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 70
This Memorandum of Understanding is by and beiween the Board of Education of Independent
Schooi District No. 625, Saint Paul Public Schools, and intemationai Union of Operating
Engineers, Local No. 70, exclusive representative for custodial service employees in the Saint
Paul Public Schools. The purpose of this Memorandum is to establish a clear understanding of
intent of the parties regarding conditions goveming a premium pay rate for advanced training for
certain classifications of emptoyees in this bargaining und.
Statement of Intent and Puroose
It is the intention of the Empioyer, during the term of this Memorandum of Understanding (through
June 30, 2002) to continue a program of special training for employees who occupy the tities:
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Education
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
The purpose of the training wiil be to strengthen the practical management skilis of these
employees, particularly with respect to fulfilling the responsibilities of these particular titles.
It is the desire and intent of the Empioyer that all empioyees who occupy these titles, both
currently assigned and prospectively, will complete this training at the earliest possible
opportunity. The training is designed, prescribed, and provided by the Employer at no cost to the �
employee who has been regularly appointed to a listed titie. The training will be taken during the
employee's own unpaid time.
Effective July 1, 1996:
Engineers who were hired before July 1, 1996, and have not been offered the
advanced training program will receive the premium effective July 1, 1996.
2. Engineers who have aiready completed the required training and qualified for
premium payment, or those engineers granted the premium in #1 above, must
participate in a required refreshedretraining course, if one is offered by the employer,
of one or two sessions every year in order to retain eligibility for premium payment.
The Employer will provide a premium pay factor accordirtg to the totlowing formula for c�rrent and
future employees in these titles who have satisfactorily completed the prescribed training course,
and have delivered to the Office of Plant Planning and Maintenance evidence of such satisfactory
completion.
The premium pay shall become effective with the first full pay period after comple6on of the
training, but shall not be paid until the evidence of satisfactory completion has been received by
the Employer. In no case shali the premium be effective retroactively for more than a three (3)-
month period.
C �
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ol�<Ra.
�
MEMORANDUM OFUNDERSTANDING
Premium Formuta
Effective Juiy 1, 1996:
(continued)
Title
Custodian-Engineer 5, Board of Education
Custodian-Engineer 4, Board of Ed�cation
Custodian-Engineer 3, Board of Education
Custodian-Engineer 2, Board of Education
Premium above ted Rate
90¢ per hour
60¢ per hour
3p¢ per hour
1p¢ per hour
Emplovee Newiv AoDOinted to Titie
An empioyee newly appointed to one of these tities after tha adoption of this Agreement will be
granted premium payment as follows:
If the training course for a newly appointed engineer is less than six (6) months in
length, the engineer will receive the fuil premium effective with the first fuil pay period
after satisfactory compietion of the course.
If the training course is more than six (6) months in length, the engineer in training wiii
be eligibie for fifty percent (50%) premium payment effective with first full pay period
after satisfactory completion of one-haif (1/2) of the training program.
�
�
Shouid the empioyee fait to satisfactorily complete the itaining within the Gme periods estabiished
for the course, the partial premium payment will be discontinued and no premium will be paid until
such time as the satisfactory completion has been accompiished.
Evidence of satisfactory compietion shaii have been delivered by ihe employee to the Office of
Piant Planning and Maintenance before the partial or full premium can be paid, and retroactive
adjustment shall not exceed 2hree (3) months.
This Memorandum of Understanding shaii be effective as of July t, 2000, and shall expire on
June 30, 2002.
INDEPEN�JENT SCHOOL DISTRICT
NO. 625
37
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9 i� -rT0
pate
6!-1 9a
INDEX
A
Adoption Leave
B
16
P
PremiumPay .............................................12
Premium Pay for Shift Differential ..............12
R
Bidding ....................
Bidding for Location
C
�
Call-in Pay .................................................12
Court Duty ..................................................18
D
Discipiine
Dues.......
E
Equalization of Overtime
F
Fair Share ..........................
Family Medical Leave.......,
Fiexible Spending Account
G
25
.. 3
13, 32
.. 3
16
20
Recail From Workforce Reductions .............7
Retirement Heaith Insurance .....................21
S
Safety Shoes ..............................................14
Sen iority ....................................................... 6
Seniority for Bidding On Location ................8
Seniority for Sfiiff Setection ..........................9
Seniority Termination ...................................9
Severance Pay ...........................................24
Shop Steward ..............................................2
Sick Child Care ..........................................15
Sick Leave .................................................15
Sick Leave - Medicai Verification ...............16
Sick Leave Conversion ........................10, 17
Sick Leave Incentive ..................................17
Sick Leave Requests .................................16
Speciai Duty Pay ........................................12
Strike ........................................... ••-------......28
Grievance Procedure .................................26
H
Health Insurance
Holidays .............
Hours .................
T
Temporary Employment ..............................4
19 Temporary Employment Casuai Service .....4
11 Temporary Employment Extended Service.5
12 Temporary Employment Short-Term...........4
Training ...................................................... 36
L
Leave of Absence ......................................15
Life Insurance ............................................20
Lockouts.................................................... 28
�o� �yav�:y Pay ............................................ :3
Long-Term Disability ..................................20
M
MaternitylParental Leave ...........................17
Mi leag e ...................................................... 24
Military Leave Of Absence .........................18
N
Nondiscrimination ...................................... 28
O
Overtime
ik3
U
Uniforms ....................................................14
Union Membership .......................................3
Union Rights ................................................2
Union Stewards ............................................2
V
Vacation.....................................••.............. t 0
W
Wages .................................................30� 31
Work Interference ......................................28
Work Schedule ..........................................12
Working Out of Classification ....................13
\ J
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