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96-1444 � ; E� � �. � �� Council File# aG• INyy . o .r . Green Sheet# 35881 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presente by Referred o Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Jaunary 1, 1996 through December 31, 1997 Agreement between the Independent School District No. 625 3 and Local Union 1842, District Council 14 of American Federation of State, County and Municipal 4 Employees AFL-CIO. . Yeas Na s Absent Requested by Department o£ Blakey � Office of Labor Relations Bostrom � Guerin ✓ Harris � By' � Megard � Rethnan � Form App oved by it Attorney Thune � By: a � Adopted by Council: Date `"�� T`�q` Approved by Mayor for Sub ' sion to Council Adoption Certified by Council Secretary By: (}/ By: Approved by Mayor: Date /7i / � By: � DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 35881 ��' 1444 LABOR RELATIONS November 13, 1996 CONTACT PERSON&PHONE: � INITIAL/DATE INITIAL/DATE JULIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. N� 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY r� CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FM.&MGT.SERVICE DIR. ROUTING 3 MAYOR(OR ASST.) ORDER TOTAL fl OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) AcrtoNREQvESrEn: This resolution approves the attached January 1, 1996 through December 31, 1997 Agreement between the Independent School District No. 625 and Local Union 1842,District Council 14 of American Federation of State, County and Muncipal Employees AFL-CIO. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACfS MUST ANSWER THE FOLLOWING � QUESTIONS: _PLANNING COMMISSION _C1VIL SERVICE COMMISSION 1. Has this person/firm ever worked under a contract for this department? CIB COMMITTEE Yes No _STAFF 2. Has this person/firm ever been a city employee? _DISTRIC'I'COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Dces this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes Answers on sepArate sheet and attach to green sheet INITIATING PROBLEM,ISSUE,OPPORTiJNITY(Who,W6at,When,Where,Why): , �oun�a ��rct► �er RECEIV�� NOU 18 1996 NOV 14 �995 ADVANTAGES IF APPROVED: �TY ATT RN EY � This Agreement pertains to Boazd of Education employees only. -� DISADVA}YTAGES IF APPROVED: DISADVANTAGES tF NOT APPROVED: NOV � a 1996 TOTAL AMOUNT OF TRANSACTION: ��u'1'Y�/��E BUDGETED: FUNDIIVG SOURCE: ACTNITY NUMBER: � FINANCIAL INFORMATION:(EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE 1NCLUDED IN THE GREEN SHEET INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.266-8900). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS(assumes authorized budget exists) COLJNCIL RESOLiJTION(Amend Budgets/Accept.Grants) 1. Ouuide Agency 1. Department Director 2. Department Director 2. Budget Director 3. Git��Attorney 3. City Attomey 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant S. Human Rights(for contracu over$50,000) S. City Council 6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLU'fION(all others,and Ordinances) , i. Activity Manager l. Department Ditector 2. Department Accountant 2. City Attorney 3. Department Directar 3. Mayor/Assistant 4. Budget Director 4. City Council S. Ciry Clerk 6. Chief Accountant,Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. Ciry Attorney , 3. Finance and Management Services Director 4. Cit��Clerk TOTAL NUMB£R OF SIGNATURE PAGES Indicate the#of pages on which signatures are required and paperciip or tlag esch of these pages. ACTION REQUESTED Describe what the projecdrequest seeks to accomplish in either chronological order or order of importance,whichever is most appropriate for the issue. Do not write complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which council objective(s)your project/request supports by listing the key word(s)(HOUSING,RECREATION, NEIGHBORHOODS,ECONOMIC DEVELOPMENT,$UDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liability for workers compensation claims,taxes and pmper civii servia hiring rules. TNITIATING PROBLEM,ISSUE,OPPORTUNITY Expisin the situation or conditions that created a need for your project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/charter or whether there are specific ways in which the City of Saint Paul and its citizens will benefit from this project/'ection. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this project/request produce if it is passed(e.g.,traffic delays,noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised aetion is not approved? Inability to deliver service? Continued high traffic>noise, accident rate? Loss of revenue? FINANCIAL IMPAC'T Although you must tailor the information you provide here to the issne you are addressing,in general you must answer two questions: How much is it going to cost? Who is going to pay? � , INDEPENDENT SCHOOL DISTRICT NO. 625 ar ` '�4u ` BOARD OF EDUCATION Il� -� ST. PAUL PUBLIC SCHOOLS DATE: May 7, 1996 TOPIC: Approval of an empioyment agreement with AFSCME Council 14, Local No. 1842, technical bargaining unit. A. PERTINENT FACTS: 1) New Agreement is for the two-year period January 1, 1996 through December 31, 1997. 2) Contract changes are as follows: Language is updated throughout agreement to reflect the current titles. Retiree Health Insurance: The provisions regarding retiree health insurance are changed consistent with the new overall long-term Transitional Plan developed with the teacher bargaining unit. Active Em I�oyee Health Insurance: Employer paid premium contribution caps are increased effective January 1, 1996, by $7.50 to $177.50 per month for employee coverage, or increased by $20 to $310 per month for family coverage. Effective January 1, 1997,the Employer paid premium contribution caps are further increased by $10 per month for employee or$20 for family coverage. Funeral Leave: The language in 9.1.2 amended to include one day of funeral leave for aunt, uncle, sister-in-law or brother-in-law. ProQression on the Salary Schedule and Insurance Eli�ibilitv: Effective for employees hired on or after July 1, 1996,they will no longer be eligible for a step increase after six months of employment. The first step increase will normally be after one year (2080 hours). In conjunction with this change in step advancement, the health insurance eligibitity waiting period is reduced from six months to three months for employees hired on or after July 1, 1996. Wages: The language describing the existing procedures for advancement from step to step on the salary schedule are modified to reflect deletion of the six-month step (Step B). APPENDIX A: Salary Schedule - New rates are effective December 23, 1995; and January 4, 1997. • The salary rate increase is 2.5°/a for the first year of the contract and 2.5%for the second year of the contract. • Note that the wage rates will be printed in terms of hou�ly rates of pay instead of the forrner biweekly rates. i ± Employment Agreement-AFSCME Council 14, Local No. 1842 May 7, 1996 � " _� �� Page 2 3) The District has 50 employees in this ba�gaining unit. 4) This request is submitted by Richard Kreyer, Negotiations/Labor Relations Assistant Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom American Federation of State, County, and Municipal Employees, Council 14, Local No. 1842 (technical bargaining unit) is the exclusive representative; duration of said Agreement is for the period of January 1, 1996 through December 31, 1997 �►�-ly�{�} � � 1996 - 1997 � AGREEMENT BETWEEN SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 And LOCAL UNION 1842 DISTRICT COUNCIL 14 � OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO January 1, 1996 Through December 31, 1997 �� d � � � ., �° �� g PUBLIC SCHOOLS ��FELONG LEARNING � • � ��d o o 1�� PUBLIC SCHOOLS ��FELONG LEARNlNO '�, SAINT PAUL PUBLIC SCHOOLS � Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Director Becky Montgomery - Treasurer Administration: Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, Planning and Support Services Maureen A. Flanagan - Assistant Superintendent, Administration and Government Relations William A. Larson - Assistant Superintendent, � Fiscal Affairs and Operations Cy Yusten - Assistant Superintendent, Teaching and Learning • ii �t�-�y`��-� INDEX • ARTICLE TITLE pq�E , Preamble...................................................................................... v . 1 . Recognition................................................................................... 1 2. Check Off...................................................................................... 2 3. Maintenance of Standards............................................................. 2 4. Management Rights..........................................................:........... 3 5. Hours of Work.............................................................................. 3 6. Work Breaks................................................................................ 3 7. Holidays........................................................................................ 4 8. Vacation........................................................................................ 5 9. Leaves of Absence......................................................................... 6 10. Wages........................................................................................... 9 11 . Working Out of Classification...................................................... 1 1 12. Mileage......................................................................................... 11 13. Severance Pay.............................................................................. 1 2 14. Insurance..................................................................................... 1 4 15. Probation..................................................................................... 2 8 16. Seniority...................................................................................... 2 9 � 17. Discipline..................................................................................... 31 18. Employee Records........................................................................ 31 19. Grievance Procedure.................................................................... 3 2 2 0. Temporary Employees................................................................. 3 4 21 . Bulletin Boards............................................................................ 34 2 2. Vacancies...................................................................................... 3 5 23. Non-Discrimination.................................................................... 3 5 24. No Strike--No Lockout................................................................ 3 5 2 5 Legal Services.............................................................................. 3 6 2 6. Safety Shoes................................................................................. 3 6 2 7. Residency..................................................................................... 3 6 28. Terms of Agreement..................................................................... 37 Appendix A: Titles and Hourly Rates........................................... I-I I • iii • f INTENTIONALLY BLANK • • iv ��y PREAMBLE • This Agreement, entered into by Independent School District No. 625, hereinafter referred to as the Employer or as the District, and Local Union 1842, affiliated with . � Council 14 of the American Federation of State, County, and Municipal Employees, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an � equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. i � � • INTENTIONALLY BLANK � • �b�`�ly�{ ARTICLE 1. RECOGNITION • 1 .1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours, and other conditions of � employment for all of its employees as outlined in the certification by the State of Minnesota Bureau of Mediation Services, dated October 16, 1986, in Case No. 87-PR-158 and as amended and as set forth in Section 1.2 below. 1 .2 The bargaining unit covered by this Agreement shall consist of the following: All technical personnel who are employed by Independent School District No. 625, Saint Paul, Minnesota, and who are public employees within the meaning of Minnesota Statute § 179A.03, Subd. 14. in the classifications of: Accounting Technician I Engineering Aide I Accounting Technician II Engineering Aide II Accounting Technician III Health and Education Assistant Accounting Technician IV Information Systems Technician Adaptive Recreation Assistant Instructional Media Technician Architectural Drafter Library Assistant Architectural Drafter Trainee Network Technician I Child Development Technician Network Technician II � Clinic Nurse Occupational Therapy Assistant Dental Assistant Payroll Information System Technician Dental Hygiehist Physical Therapist Assistant E.D.P. Lead Programmer Practical Nurse E.D.P. Program Analyst *Special Student Attendant E.D.P. Programmer Supervising Dental Hygienist E.D.P. Programmer Trainee excluding supervisory, confidential and all other employees. S '`Title abolished except as to present incumbents. 1 ARTICLE 1. RECOGNITION (continued): 1 .3 Any present or future employee who is not a Union member shall be required to • contribute a fair share fee for services rendered by the Union and, upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the � required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative � only so long as specifically provided by Minnesota law, and as otherwise legal. 1 .4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article 1, Section 1.3. ARTICLE 2. CHECK OFF 2.1 The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions � are made or as soon thereafter as is possible. 2.2 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. ARTICLE 3. MAINTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. � 2 ��-�� ARTICLE 4. MANAGEMENT RIGHTS � 4.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate , authorities. All rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 4.2 A public employer is not required to meet and negotiate on matters of inherent ' managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 5. HOURS OF WORK 5.1 The normal workday shall be seven and three-fourths (7-3/4) consecutive hours per day, excluding a forty-five (45)-minute lunch period, fifteen (15) minutes of which shall be paid. 5.2 The normal work week shall be five (5) consecutive normal workdays in any seven (7)-day period. 5.3 For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38-3/4) hours per week. 5.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. , 5.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. 5.6 All employees in this bargaining unit shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The overtime rate of one and one-half shall be computed on the basis of the hourly rate in Appendix A. 5.7 Normal work schedules showing the employee's shifts, workdays, and hours shall be posted on all department bulletin boards at all times. It is also understood that deviation from posted work schedules shall be permissible due to emergencies, acts of God, and overtime may be required. ARTICLE 6. WORK BREAKS 6.1 Rest Periods: All employees' work schedules shall provide for a fifteen (15)-minute rest period during each one-half shift. The rest period shall be scheduled by the supervisor at approximately the middle of each one-half shift ' whenever this is feasible. 6.2 If an employee is scheduled to work a full half-shift beyond the regular quitting • time, the employee shall be entitled to the rest period that occurs during said half • shift. 3 ARTICLE 7. HOLIDAYS � 7.1 Holidays recQgnized and observed: The following days shall be recognized and observed as paid holidays „ New Year's Day Columbus Day Martin Luther King Day Veterans' Day , Presidents' Day Thanksgiving Day Memorial Day Christmas Day Independence Day Two floating holidays. Labor Day Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 7.2 The floating holidays set forth in Section 7.1 above may be taken at any time during the cont�act year, subject to the approval of the department head of any employee. 7.3 Eligibility Requirements: In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six (6) working days of the � nine (9) working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this Section. It is further understood that neither temporary, nor other employees not heretofore eligible shall receive holiday pay. 7.4 Notwithstanding Article 7.3, effective April 1, 1984, 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. No temporary employee shall be eligible for any floating holidays. 7.5 If Martin Luther King Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 7.6 Notwithstanding Article 7.1 and 7.5 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a paid holiday. In the event of such designation, either Martin Luther King Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list as set ,. forth in Article 7.1. • 4 �� \ ARTICLE 8. VACATION • 8.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service Hours of Vacation � ist year through 4th year .0385 5th year through 9th year .0577 10th year through 15th year .0654 16th year through 23rd year .0808 24th year and thereafter .1000 8.2 The head of the department may permit an employee to carry over into the next "vacation year" up to one hundred and twenty (120) hours of vacation. 8.2.1 An employee who has more than one hundred and twenty (120) hours of accrued vacation remaining at the end of the last full pay period in October shall either: (a) be required to use the hours of vacation in excess of one hundred � and twenty (120) hours prior to the end of the fiscal year (IRS payroll reporting year): or (b) be compensated for hours in excess of one hundred and twenty (120) hours at end of year: or (c) be provided an exception for additional carryover of vacation by means of approval of his/her department head. Choice of option a, b, or c is at the discretion of the Employer. 8.2.2 For the purpose of this Article, the "vacation year" shall be the IRS payroll reporting year. 8.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subd. H. , • 5 ARTICLE 9. LEAVES OF ABSENCE • 9.1 Sick Leave: Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is , unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of , Resolution No. 3250 of the City of St. Paul.. 9.1.1 Snecified Allowable Uses of Sick Leave: Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, spouse, child, brother, sister, mother-in- law, father-in-law or other person who is a member of the household; and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a parent or a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight hours sick leave. 9.1 .2 Funeral Leave: Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one (1) day of such leave to attend the funeral of the employee's grandparent, grandchild, aunt, uncle, sister-in-law or brother-in-law. � 9.1 .3 Sick Child Care Leave: An employee who has worked for the District for at least twelve (12) consecutive months for an average of twenty (20) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota Statute § 191.9413 and shall remain available as provided in Statute. 9.2 Court Duty Leave: Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a witness in his/her own behalf against the Employer, shall be paid the regular pay while so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the Employer and be deposited with the Employer Business Office. Any employee who is schedu�ed to work a shift other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as the employee is required to appear in court as a juror or witness. • 6 ��-�� ARTICLE 9. LEAVES OF ABSENCE (continued): • 9.3 Military Leave With Pax: Any employee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the employee (1) returns to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 9.4 General Non-Comqensatory Leave of Absence: After three months of employment, � an employee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 9.4.1 Said rules are supplemented and amended by the following provision: All requests for unpaid leave are subject to District approval. Such requests are to be submitted to the Human Resource Department on a form provided by the Employer. If an employee's request for thirty (30) days or more of non-medical and non-parental leave is approved, the employee will be offered the opportunity to return to employment in an equivalent position, if a vacancy is available after the conclusion of the leave. If no equivalent vacancy exists at that time, the District will continue to consider the employee's return for two (2) years after the conclusion of leave. If no equivalent vacancy has occurred and has been assigned by the end of two (2) years from the conclusion of leave, the employee's name will be dropped from consideration as though he/she had resigned, and the employee will be considered resigned. , "Equivalent vacancy" means a position of the same job classification held by the employee at the time of the leave, which remains in existence, has been vacated by the resignation or termination of another , employee, and which the District intends to fill in the same classification. • 7 ARTICLE 9. LEAVES OF ABSENCE (continued): 9.5 Parental Leave: • 9.5.1 Parental leave is a leave without pay or benefits which shall be granted . upon request subject to the provisions of this Section. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or children of the employee for an extended period of time immediately following adoption or the conclusion of pregnancy; � such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Employer. 9.5.2 In the case of pregnancy, an employee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of earned sick leave; however, sick leave time shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of Independent School District No. 625 not later than twelve (12) weeks in advance of the anticipated date of delivery. The employee will be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. 9.5.3 In the case of adoption, the employee shall submit to the Director of � Human Resources of Independent School District No. 625 a written application including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 9.5.4 When an employee is returning from parental leave extending over a period of six (6) calendar months or less, the employee shall be placed, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave or, if necessary, in an equivalent position. 9.5.5 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the employee will be placed in an equivalent position after the scheduled date of return as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no certified incumbent, which is to be filled, and for which no other person has rights. • 8 �--�� \��t� ARTICLE 9. LEAVES OF ABSENCE (continued): � 9.6 Family Medical Leave: Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave , Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures which coordinate contractual provisions with FMLA. 9.7 School Activities Leave Without Pay: An employee may request and be granted up ` to sixteen (16) hours of unpaid leave per calendar year for school activities of his/her own child, pursuant to Minnesota Statute §181.9412 rules, so long as the Statute so provides. 9.8 Military Leave Without Pay: Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the State or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves of absence as are granted under 9.3 of this Article shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. 9.9 Educational Leave: Leave with pay may be granted for education purposes at the option of the Employer. 9.10 Union Official Leave: An employee elected or appointed to a full-time paid position by the exclusive representative may be granted a leave of absence • without pay for not more than one year for the purpose of conducting the duties of the exclusive representative. ARTICLE 10. WAGES 10.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached hereto. Both parties agree that the inclusion of the classifications and salary ranges in Appendix A does not preclude the employer from the following: 1 . Reorganizing; 2. Abolishing classifications; 3. Establishing new classifications; 4. Regrading classifications; 5. Reclassifying positions. 10.2 Both parties also agree that titles and grades in Appendix A refer to employees in the positions at the date of signing of the Agreement. No employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or � reclassification takes place. 10.3 Notwithstanding 10.1 above, salary rates in Appendix A shall be reduced in the . amounts necessary to equalize payment to individual HRA employees and Independent School District No. 625 employees who receive different pension • benefits. 9 ARTICLE 10. WAGES (continued): � 10.4. Initial Step Placement: When an employee is regularly appointed into a title covered by this Agreement or moves from one title covered by this Agreement to , an appointment in a different title under this Agreement, shall be governed by Civil Service Rules. 10.5. Salary Step Progression: � 10.5.1 Progression through the steps of a salary range in this contract will be based on the following conditions: 10.5.2 An employee must have received an overall rating of "Satisfactory" on his/her most recent performance evaluation to receive any salary step advancement. 10.5.3 Movement from step to step will not occur until the next full pay period following the anniversary date of the employee's provisional or regular appointment, so long as the employee has remained continuously employed and has completed the minimum number of hours described below. 10.5.4 Step A shall be the normal entry rate for the positions in this bargaining unit, except as otherwise provided in existing rules. Effective January 1, 1996 through June 30, 1996, employees shall remain at the Step A pay rate until the completion of 1,040 hours on • the payroll in the title then move to Step B. Employees who are placed on Step B prior to January 4, 1997, may remain at that step until they complete an additional 1,040 hours and then will receive one (1) additional step, to the Step C pay rate. 10.5.5 For each additional 2,080 hours on the payroll, the employee may advance beyond Step A by one (1) additional step following his/her anniversary date, up to and including Step G. 10.5.6 For the purpose of progression to the Step H and Step I rates, the term "year of full-time service" shall be defined as the completion of a minimum of 2,080 hours on the payroll for the equivalent of one (1) year of service. 10.5.7 When an employee completes ten (10) years of full-time service in the District, that employee may,be granted an increase of one (1) additional salary step, not to exceed Step H (i.e., 2,080 hours x ten (10) years = 20,800 minimum hours required). 10.5.8 When an employee completes fifteen (15) years of full-time service in the District, that employee may be granted an increase of one (1) , additional salary step, not to exceed Step I (i.e., 2,080 hours x fifteen (15) years = 31,200 minimum hours required). • 10 ��--�� ARTICLE 11. WORKING OUT OF CLASSIFICATION • 11.1 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 during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such ` assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. ARTICLE 12. MILEAGE 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the following plan: . PLAN "A", effective with the adoption of this Agreement, is reimbursed at the current Board of Education rate or 28� per mile whichever 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. • 11 ARTICLE 13. SEVERANCE PAY • 13.1 The Employer shall provide a severance pay program as set forth in this Article. 13.2 To be eligible for the severance pay program, an employee must meet the following requirements: 13.2.1 The employee must be fifty-five (55) years of age or older or must be � eligible for pension under the "Rule of 85" or the "Rule of 90" provisions of the Public Employees 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. 13.2.2 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. 13.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this Article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten (10)-year service requirement. 13.2.4 The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting � severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with the City of Saint Paul or with Independent School District No. 625. 13.2.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. 13.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of two-hundred (200) accrued sick leave days. 13.4 The maximum amount of money that any employee may obtain through this severance pay program is $7,500. 13.5 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. . 12 ��.--�� ARTICLE 13. SEVERANCE PAY (continued): • 13.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. � 13.7 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 13.8 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 13.9 The provisions of this Article shall be effective as of January 1, 1984. 13.10 Any employee hired prior to December 31, 1983, may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall be entitled only to the benefits of this Article upon meeting the qualifications herein. � • 13 ARTICLE 14. INSURANCE BENEFITS SEC110N 1 . ACTIVE EMPLOYEE HEALTH INSURANCE • 1 .1 The Employer will continue for the period of this Agreement to provide for active employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. 1 .2 �Ligibili y Waiting Period: Effective January 1. 1996, six (6) full months of � continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and life insurance provided herein. 1 .2.1 Effective January 1. 1997, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and life insurance provided herein. The availability of this benefit after three (3) months service is designed to replace movement to wage schedule Step B at six (6) months service. Step B will not be available to employees hired into this unit after July 1, 1996. An eligible employee appointed to an Independent School District No. 625 position between July 1, 1996 and October 1, 1996, will be provided the stated premium contribution after three (3) full months of service, but will move to directly Step C of the wage schedule after one (1) year of full-time service as described in Article 10, Wages. 1 .3 Full-Time Status: For the purpose of this Article, full-time employment is � defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1 .4 Half-Time Status: For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. 1 .5 Em I�oyer Contribution Amount--Full-Time Emnloyees: Effective January 1, 1996, for each eligible employee 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 $177.50 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 $310 per month, whichever is less. 1 .5.1 Effective January 1, 1997, for each eligible employee 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 $187.50 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 $330 per month, whichever is less. • 14 ��y� ARTICLE 14. INSURANCE, Section 1. (continued): • 1 .6 Em I�oyer Contribution Amount--Half-Time Employees: For each eligible _ employee covered by this Agreement who is employed 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 employee who , selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed fo� full-time employees selecting family coverage in the same insurance plan. 1 .6.1 Notwithstanding Section 1.6 above, employees covered by this Agreement and employed half time prior to January 1, 1986, shall receive the same insurance contributions as a full-time employee. This Section 1.6.1 applies only to employees who were employed half-time during the month of December 1985 and shall continue to apply only as long as such employee remains continuously employed half time. 1 .7 Life Insurance: For each eligible employee, the Employer agrees to contribute to the cost of $25,000 life insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $6.32 per month. This amount shall drop to $5,000 of coverage (in the event of early retirement) until the retiree reaches age 65; then all Employer coverage shall terminate. 1 .8 Flexible S eR ndinq Account: It is the intent of the Employer to maintain during • the term of this Agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer- paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1 .9 The contributions indicated in this Article 14 shall be paid to the Employer's group health and welfare plan. 1 .10 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 14 shall be paid by the employee through payroll deduction. � 15 ARTICLE 14. INSURANCE (continued): SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT • Subd. 1 Required Conditions for Retirees (Age 65 and Over), Effective January 1, 1996 through June 30, 1997 � 1 .1 Eligible and participating employees who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any � continuing District contributions toward premium payment for health insurance at age 65 or over: 1 .1 .1 Effective January 1. 1996: Required conditions for employee appointed to service in Independent School District No. 625 in a position within this bargaining unit prior to May 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to May 1, 1996, and who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. • 1 .1.1.2 Employees retiring after January 1, 1996, must have completed the following service eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. A. Employees hired before May 3, 1988, must have completed at least eight (8) years of continuous employment with the District. For such employees or early retirees who have not completed at least eight (8) 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. B. Employees hired on or after May 4, 1988 but before January 1, 1990, must have completed at least ten (10) years of continuous employment with the District. For such employees or early retirees who have not completed at least ten (10) 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. � 16 �� ARTICLE 14. INSURANCE, Section 2. (continued): • C. Employees hired on or after January 1, 1990, must have completed twenty (20) years of continuous employment with the District. For such employees or early 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 earned prior to May 1, 1996, will continue to be counted toward meeting the District's service requirement of this Subd. 1.1.1.2. Time worked with City of Saint Paul after May 1, 1996, will be considered a break in District employment. 1.1 .1.3 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 School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.1.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. � 1.1.1 .5 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. 1 .1 .2 For employees appointed into service in Independent School District No. 625 to positions within this bargaining unit after May 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age 65 and over. Time worked in the City of Saint Paul prior to May 1, 1996, will nc� be treated as Independent School District No. 625 time, for such employees. 1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels Effective January 1, 1996 through June 30, 1997 only For eligible employees who were hired and appointed into Independent School District No. 625 service prior to May 1, 1996, and who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements in Subd. 1.1 or for early retirees who qualified under the conditions of Subd. 2.1 and who are eligible under the terms of the Medicare supplement policy provided in this Subd. 1.2, upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare Supplement health coverage policy selected by the District. This provision is effective onlv for employees hired into service � Independent School District No. 625 before May 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the � Transitional Plan in Article 14, Section 2, Subd. 3.1 of this Agreement • following hereafter. This provision expires and is null and void after June 30, 1997. 17 ARTICLE 14. INSURANCE, Section 2. (continued): • Subd. 2 Early Retiree Provisions, Effective January 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired ef r May 1, 1996 and eligible employees hired on or after May 1, 1996, who retire before , June 30, 1997, and meet the required conditions below. The employee must meet the following conditions at the time of early retirement in order to be eligible for any payment of any insurance premium contribution by the Employer after his/her retirement (early retirement and subsequently after age 65): 2.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 2.1 .2 �m�loyees hired into District service before May 1� 1996, and retiring after January 1, 1996, must have completed the following service eligibility requirements with 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 Must be at least fifty-eight (58) years of age and have completed � twenty-five (25) years of service; or, B. The combination of their age and their years of service must equal eighty-five (85) or more; or, � Must have completed at least thirty (30) years of service; or, D. 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 Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but not for Subd. 2.1.2 D. 2.1 .3 Fmoloyees hired into District service after May 1 1996, and retiring after May 1, 1996 must have completed twenty (20) years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year service requirement. 2.1 .4 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 School District No. 625 employee and eligible for and is enrolled in the � Independent School District No. 625 health insurance program, or in • any other Employer-paid health insurance program. 18 �� ARTICLE 14. INSURANCE, Section 2. (continued): � 2.1 .5 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 2.1 .6 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. 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreement provide for employees who meet the eligibility requirements for health insurance in 2.1 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 health insurance for single or family coverage by that carrier for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shall constitute the limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.3 Early Retiree Life Insurance: Employer Contribution Levels • The District will provide for early retirees who qualify under the conditions of 2.1 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. • 19 ARTICLE 14. INSURANCE, Section 2. (continued): • Subd. 3. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1996-1997 term, it was the intent of the parties to develop a long-range plan for retirement benefits which could be available to employees and managed by the District on a currently funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of retirement health insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan for accomplishing that goal by providing current active employees with the choice of one of three alternative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for his/her retirement. In addition, the plan design provides for future employees; i.e., those hired on or after May 1, 1996, the opportunity (after completing three [3] full years of consecutive active service) to participate in a deferred compensation savings plan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee in financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). Employees hired before May 1, 1996, and employees hired on or f� ter i May 1, 1996, who fulfill the specified following conditions listed below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.1 .2 Employees hired before May 1, 1996, must have completed continuous employment requirements in Subd. 2.1.2. Employees hired and ��pointed into Indenendent School District No 625 service on or after May 1. 1996. must have completed twenty (20 years of continuous gr��oyment with 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. Time worked in City of Saint Paul will be counted only for Earlv Retiree premium contribution by the District for employees hired into Independent School District No. 625 service after May 1, 1996. � Insurance premium contribution for such employees shall cease when the employee reaches age sixty-five (65). • 20 �� -��uy ARTICLE 14. INSURANCE, Section 2. (continued): � 3.1 .3 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 School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.1 .4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.1 .5 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. 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after May 1, 1996: 3.2.1 New employees hired on or after May 1, 1996, will after completing three (3) full years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the District. Part-time employees working half-time or more will be eligible for up to one half (50%) of � the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, 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 employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the District's specified procedures. 3.2.2 No employee hired on or after May 1, 1996, shall have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over. Employees hired on or after May 1, 1996, shall be eligible only for earlX retirement health insurance premium contribution as provided in Subd. 3.1. • 21 ARTICLE 14. INSURANCE, Section 2. (continued): 3.3 Employees Hired into Independent School District No. 625 service before � May 1 , 1 996. A choice among three (3) possible options is available only to employees hired and appointed into Independent School District No. 625 service before May 1, 1996. Once the employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are listed here, and detailed in the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2 - Minnesota Deferred Compensation Plan Option • Option 3 - Transitional Severance Allowance Option 3.3.1 Repuired Conditions for ALL Retirees effective January 1 1996. Eligible employees who retire on or after January 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District � No. 625. 3.3.1 .2 Employees hired before May 1, 1996, must have completed continuous employment requirements in Subds. 1.1.1.2 through 1.1.1.5. Years of certified civil service time with the City of Saint Paul earned prior to May 1, 1996, will continue to be counted toward meeting the District's service requirement in this Subd. 3.3.1.2. Time worked with the City of Saint Paul after May 1, 1996, will be considered a break in District employment. 3.3.1.3 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 School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense • after retirement. 3.3.1 .5 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. • 22 ��`�� ARTICLE 14. INSURANCE, Section 2e (continued): � 3.3.2 ption 1 - Transitional Retiree Age 65 and Over Insurance Option � Conditions: • An employee who has earlier elected to participate in Option 2 - ' Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change his/her original decision.� • An employee who elects at retirement to participate in Option 3 - Transitional Severance Allowance Option (3.3.4 below) is not eligible for this provision. • An employee who elects participation in this provision at retirement must irrevocably waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in the Article 13, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before May 1, 1996, who retire at age sixty-five (65) or later and � who are eligible under Subd. 3.3.1 of this Article and the terms of the policy provided in this Subd. 3.3.2, or for early retirees who qualified under the conditions of Subd. 3.1 above and who are eligible under the terms of the policy provided in this Subd. 3.3.2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: Coverage Type Sinale Familv Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. . Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. � � An employee is not excluded from this option by virtue of his/her participation in the Minnesota Deferred Compensation Plan as an individual investor with no employer-paid matching funds. 23 ARTICLE 14. INSURANCE, Section 2. (continued): � 3.3.3 Oation 2 - Minnesota Deferred Compensation Plan Option Effective July 1, 1997, employees hired before May 1, 1996, who have completed at least three (3) full years of continuous active service within Independent School District No. 625 can become eligible to . participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Subdivision). Time worked in City of Saint Paul prior to May 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 65 and over Insurance Option as provided in 3.3.2 above of this Subdivision. • The employee must irrevocably waive Option 3 - Transitional Severance Allowance prior as provided under 3.3.4 (below) of this Subdivision. • The employee is not required to waive eligibility for Severance Pay provided in the Article 13, Severance Pay of this Agreement. � • The employee must initiate an application to participate through the District's specified procedures. Matching contribution by the District can only occur so long as the employee remains in continuous active service in the District, and shall not exceed $500 per year, with a cumulative lifetime maximum total of $12,500. Approved non-compensatory leave shall not be considered a break in service and shall not be counted in completing the three (3) year requirement. Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the annual match by the District. � 24 ��—�`�c`� �, � ARTICLE 14. INSURANCE, Section 2. (continued): • 3.3.4 Option 3 - Transitional Severance Allowance Option: Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this specified Transitional Severance Allowance Option: • The employee must irrevocably waive Option 1 - Transitional Retiree Age 65 and over Insurance Option as provided in 3.3.2 (above) of this Subdivision. • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her original decision.� • The employee must have completed at least twenty (20) full years of continuous active service in Independent School District No. 625 (not including periods of non- compensatory leave). Time worked in the City of Saint Paul prior to May 1, 1996, will be counted toward meeting this eligibility requirement. • The employee must be voluntarily separated from District • employment. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this Transitional Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. • The employee must be at least age fifty-five (55), retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PERA or Saint Paul Teachers' Retirement Fund. • The employee must have a minimum of sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the full Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $7,500 of the Transitional Severance Allowance specified for that year of his/her retirement. • � An employee is not excluded from this option by virtue of his/her participation in the Minnesota Deferred Compensation Plan as an individual investor with no employer-paid matching funds. 25 ARTICLE 14. INSURANCE, Section 2. (continued): � . • The employee must elect to waive all severance pay described in Article 13, Severance Pay of this Agreement (for up to $7,500) in favor of this option. � • The employee must provide to the District the required waivers and signed resignation by April 1 of the school � year in which he/she intends to retire. Appeal of this deadline, based on emergency or extraordinary circumstances, will be considered by the District. • The employee must initiate application to participate through specified District procedures. 3.3.4.2 When application has been made, and all of the above conditions have been met, the employee will be deemed eligible for severance pay allowance equal to the lesser of one year's salary at his/her current salary or a maximum amount as prescribed herein: For Retirements in Maximum Transitional School/Fiscal Year Severance Pay Allowance 1996-97 $31 ,000 1997-98 $31 ,750 1998-99 $32,500 • 1999-00 $33,250 2000-01 $34,000 2001 -02 $34,750 2002-03 $35,500 2003-04 $36,250 2004-05 $37,000 2005-06 $38,000 Such amount will normally be paid out according to District established procedures, in equal installments over five (5) years from the date of retirement; exception will be made in the event of the death of the employee; special or emergency appeal for earlier payment will be considered by the District. 3.3.4.3 There is no access to the benefits of this Option 3 - Transitional Severance Pay Allowance for the spouse or estate of an active employee who dies having not yet actually retired. A surviving spouse however mav be eligible for severance pay � as provided in the Article 13, Severance Pay section of this Agreement. • 26 �� ARTICLE 14. INSURANCE, Section 2. (continued): • 3.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be available to any person hired by the District into Independent School District No. 625 service on or after May 1, 1996. This Option 3 - Transitional Severance Allowance Option expires on June 30, 2017, and will be thereafter null and void. 3.3.5 Choice of O ti�: It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is to be elected by the employee, that choice should be made at the earliest possible date, in order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possible selection of Option 1 - Transitional Retiree Age 65 and Over Insurance Option (Subd. 3.3.2) O R Option 3 - Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly before actual retirement. Once made, the decision is irrevocable. District Benefits Office will provide information upon request. � 3.3.5.1 If state and federal law permits, and the option remains available from carriers, the District will allow eligible retirees at age 65 who were hired � Independent School District No. 625 service before May 1, 1996, and who have completed the requirements in Subd. 3.3.1, to continue on a self-paid basis, to participate in the retiree group plan for Medicare supplement then made available by the District. The retiree must make application pursuant to District procedures, and must have or obtain Medicare Part B coverage at his/her own expense. No monetary contribution to premium cost or medical costs of any kind will be made by the District. The retiree will be responsible for the timely payment of premiums, and failure to do so will result in discontinuance of the coverage and the option to participate. • 27 ARTICLE 15. PROBATION • 15.1 General Principles: This Article is effective for appointments made on or after May 1, 1994. For the purpose of this Article, six (6) months shall mean six (6) full-time equivalent months (1,040 hours on the payroll). The calculation for time on probation will exclude any unpaid breaks not worked by the employee. Extended absences of any kind (paid or unpaid) lasting one (1) week or more in duration may be excluded when calculating time toward the completion of any probationary period. 15.1 .1 If a District employee who is covered by this Agreement transfers to a position in the City of Saint Paul, that employee will have the right to return to his/her former position or to a position to which the employee may have been transferred or assigned prior to the new assignment, during or immediately at the conclusion of that probationary period, if the employee fails probation in the City position. 15.2 Oriqinal Em I�oyment Probation: A new employee shall serve a six (6)-month probationary period, as defined in 15.1, above, following regular appointment from an eligible list to a position covered by this Agreement. At any time during this original probationary period, the employee may be suspended, disciplined or discharged at the discretion of the Employer, and without recourse to the grievance procedure. 15.3. Promotional Probation: An employee newly promoted to a position covered by � this Agreement shall remain on promotional probation for a period of six (6) months. At any time during this probationary period, the employee may be returned to the employee's previous position or to a position to which the employee may have been transferred or assigned prior to the promotion, at the discretion of the Employer, and without recourse to the grievance procedure. • 28 ��.-��{ ARTICLE 16. SENIORITY � 16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by � this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority � shall be determined by employee's rank on the eligible list from which certification was made. 16.2 Seniority shall terminate when an employee retires, resigns or is discharged. 16.3 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total seniority in all titles listed on the corresponding line under Column B. The Human Resource Department will identify such least senior employee in the department reducing positions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other District department, the Human Resource Department shall place the affected employee in such vacancy. If two or more vacant positions are available, the Human Resource Department shall decide which vacant positions the affected employee shall fill. • If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and if the employee affected by the original departmental reduction is more senior, he/she shall have the right to claim that position and the least senior District employee in such titles shall be the employee laid off. For the purposes of this Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a Ciry employee. I mn A I B Child Development Technician Child Development Technician, "Special Student Attendant Engineering Aide I Engineering Aide I, Engineering Aide II Engineering Aide II Engineering Aide I, Engineering Aide II "Special Student Attendant Child Development Technician, "Special Student Attendant 16.4 In cases where there are promotional series, such as Technician I, II, III, etc., when the number of employees in these higher titles is to be reduced, employees � who have held lower titles which are in this bargaining unit will be offered • reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 29 ARTICLE 16. SENIORITY (continued): � 16.5 In cases where an employee to be laid off has held no regular appointment in a lower title in the same promotional series as his/her current title, that employee will be offered a reduction to the title within the bargaining unit to � which he/she was regularly appointed immediately prior to his/her current title, so long as there is either a vacancy or, if no vacancy exists, a less senior employee in such title may be displaced. In cases where an employee to be laid off � has held no regular appointment to any titles immediately prior to his/her current title, said employee shall be laid off. The employee reducing into a title formerly held must satisfactorily complete a six (6)-month probationary period in such title. If the probationary period is not satisfactory, the employee shall, at any time during the probationary period, be reinstated to his/her former title and shall be laid off, but such employee's name will be placed on the reinstatement register in his/her former title and "bumping" rights herein shall not again apply to such employee. This procedure will be followed by the Board of Education for Board of Education employees. City employees being reduced or laid off may not displace Board of Education employees. Board of Education employees being reduced or laid off may not displace Ciry employees. 16.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 16.7 Recall from layoff shall be in inverse order of layoff, except that recall rights • shall expire after two years of layoff. • 30 �� ARTICLE 17. DISCIPLINE t17.1 The Employer will discipline employees for just cause only. Discipline will be in the form of: � 17.1 .1 Oral reprimand; 17.1 .2 Written reprimand; 17.1 .3 Suspension; 17.1 .4 Reduction; 17.1 .5 Discharge. 17.2 Any written reprimand made concerning any member of this bargaining unit which is filed with the Human Resource Department or within any Employer department, shall be shown to the member before it is placed on file. Before the reprimand is placed on file, the Employer shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 17.3 Suspensions, reductions, and discharges will be in written form. 17.4 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 17.5 Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 17.6 Discharges will be preceded by a five (5)-day preliminary suspension without • pay. During said period, the employee and/or Union may request and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5)-day period, the Employer may affirm the suspension and discharge in accordance with the Civil Service Rules or may modify or withdraw same. 17.7 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 17.8 A grievance relating to this Article shall be processed in accordance with existing Civil Service procedures or at the option of the employee may be taken up in the grievance procedure under Article 19. If an issue is determined by the grievance procedure, it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the provisions of the Civil Service Rules, it shall not again be submitted for arbitration under the grievance procedure. ARTICLE 18. EMPLOYEE RECORDS 18.1 Any member of the bargaining unit may, during usual working hours, with the . approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper notice to the supervisor in custody of such file. 18.2 Any member of the bargaining unit may file a grievance or a discrimination • complaint and there shall be no retaliation by the Employer for such action. 31 ARTICLE 19. GRIEVANCE PROCEDURE • 19.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their � successors when so named. 19.2 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 in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 19.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 19.4 Grievance shall be resolved in conformance with the following procedure: Ste� 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved with or without the steward shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the • matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within fourteen (14) workdays of the first occurrence of the event giving rise to the grievance shall be considered waived. Step 2. Within seven (7) workdays after receiving the written grievance, a designated Employer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) workdays following this meeting. The Union may refer the grievance, in writing to Step 3 within seven (7) workdays following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) workdays following receipt of the Employer's answer shall be considered waived. • 32 ��y� ARTICLE 19. GRIEVANCE PROCEDURE (continued): • Ste�3. Within seven (7) workdays following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or his/her designated representative, the Employee, and the steward, and attempt to resolve the grievance. Within seven (7) workdays following this meeting, the Employer shall reply in writing to the Union, stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) workdays following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) workdays after the response of the Employer in Step 3, by written notice to the Employer request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) workdays after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) • name. The process will be repeated and the remaining person shall be the arbitrator. 19.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 19.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. • 33 ARTICLE 19. GRIEVANCE PROCEDURE (continued): • 19.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19.8 It is understood by the Union and the Employer that if an issue is determined by this grievance procedure, it shall not again be submitted for determination in another forum. If an issue is determined by any other forum, it shall not again � be submitted for arbitration under this grievance procedure. This provision is not intended to abrogate rights under state or federal statutes. 19.8.1 Notwithstanding that portion of Article 28.2 referring to laws of the City of Saint Paul, no issue regarding actions taken under this Agreement shall be submitted to the Civil Service Commission, except as permitted in Article 17.8, for persons covered by veterans preference. ARTICLE 20. TEMPORARY EMPLOYEES 20.1 It is recognized that temporary employees are within the unit covered by this Agreement, however, except as specifically provided by this Agreement, temporary employees shall not have or acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules and/or the • Saint Paul Salary Plan and Rates of Compensation. ARTICLE 21. BULLETIN BOARDS 21 .1 The Employer shall provide reasonable bulletin space for use by the Union in posting notices of Union business and activities. Said bulletin board space shall not be used by the Union for political purposes other than Union elections. Use of this bulletin board is subject to approval of the department head. • 34 �-1�-� �yy ARTICLE 22. VACANCIES � 22.1. The Human Resource Department will send notices of job vacancies to each building to be posted at least five working days before filling the vacancy so that qualified District employees who hold the title may apply for consideration. 22.2. For the purpose of this Article, a vacancy need not be posted if it is to be filled by � a current employee to avoid a layoff. 22.3. For the purpose of this Article, a vacancy need not be posted if it is to be filled through reinstatement of a laid-off School District employee covered by this Agreement with recall rights to the vacancy. ARTICLE 23. NON-DISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 23.2 Employees will perform their duties and responsibilities in a non- discriminatory manner as such duties and responsibilities involve other � employees and the general public. ARTICLE 24. NO STRIKE, NO LOCKOUT 24.1 Neither the Union, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the full performance of their duties during the life of this Agreement, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this Article, the Employer will warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his/her full duties within twenty-four (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. 24.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employer and/or its appointing authorities during the life of � this Agreement. • 35 ARTICLE 25. LEGAL SERVICES � 25.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless, and indemnify employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 25.2 Notwithstanding 25.1, the Employer shall not be responsible for paying any legal � service fee or for providing any legal service arising from any legal action where the employee is the plaintiff. ARTICLE 26. SAFETY SHOES The District agrees to pay thirty dollars ($30) per year toward the cost of safety shoes purchased by an employee who is a member of this unit, under the following conditions: 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. This reimbursement�of thirty dollars ($30) shall be made only after verification of expenditure and approval by the Department head or designated supervisor of the employee. This thirty dollar ($30) Employer contribution shall apply only to those employees who are required to wear protective shoes or boots by the Employer, and the contribution shall not exceed the actual cost of such shoes or boots. � ARTICLE. 27. RESIDENCY 27.1 The Board of Education has no residency requirement governing School District employees. • 36 ��-�`�y`� ARTICLE 28. TERMS OF AGREEMENT • 28.1 om leq te Agreement and Waiver of Bargaining: This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective ' bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 28.1 .1 Pay�E uity - Possible Re-Opener: If, during the term of this Agreement, the District is found out of compliance with Pay Equity requirements by the Minnesota Department of Employee Relations (DOER), and if the finding of non-compliance indicates that American Federation of State, County, and Municipal Employees' classes which are female-dominated and described by DOER as under-compensated are a specific contributing cause of the non-compliance judgment, and if the non-compliance judgment stands after the completion of any and all appeal processes, then the District and the Union will re-open the contract for the sole purpose of negotiations limited to efforts to address the specific compliance problems in a manner designed by the parties to move toward � compliance. The Union and the District acknowledge that no right to strike is derived from any outcome of the negotiations or lack of agreement during this re-opener, should it be necessary to re-open. 28.2 Savings Clause. This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 28.3 Term of Agreement. This Agreement shall be in full force and effect from January 1, 1996, through December 31, 1997, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1 that it desires to modify or terminate this Agreement. In witness whereof, the parties have caused this Agreement to be executed this day of May, 1996. � 37 • INTENTIONALLY BLANK � • 38 ��-�� ARTICLE 28. TERMS OF AGREEMENT (continued): • 28.4 This constitutes a tentative Agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education and is also subject to ratification by Local Union No. 1842. WITNESSES: INDEPENDENT SCHOOL DISTRICT NO.625 LOCAL UNION 1842, DISTRICT COUNCIL 14 OF THE AMERICAN FEDERATION OF STATE,OOlJN1Y,AND - MUNICIPAL EMPLOYEES,AFL-CIO �.�� Negotiations/Labor Re tions Manager U on resen tive, CME oun il 14 d �egotia ions/Labor Relatio Repre ntative, Local No. 1842 >ssistant Manager �' .5��5"�� c�— 7— � � Date Date _ Chair, oard of Education / � Date • 39 • INTENTIONALLY BLANK s � • c--��----\`�� APPENDIX A: TITLES AND SALARIES � � APPENDIX A:TITLES AND HOURLY RATES Effective A B C D E F G H I � NOTE(1) START .5 YEAR* 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15 YEAR Grade 17 Adaptive Recreation Assistant Dental Assistant Health and Education Assistant 12-23-95 10.63 11.02 11.45 11.89 12.36 12.73 13.12 13.51 14.04 1-4-97 10.90 11.30" 11.74 12.19 12.67 13.05 13.44 13.85 14.40 Grade 22 Engineering Aide I 12-23-95 11.89 12.36 12.87 13.43 13.97 14.38 14.82 15.26 15.85 1-4-97 12.19 12.67* 13.19 13.77 14.31 14.74 15.19 15.64 16.25 Grade 24 Child Development Technician "Special Student Attendant 12-23-95 12.51 12.99 13.51 14.08 14.67 15.11 15.56 16.03 16.64 1-4-97 12.82 13.31* 13.85 14.44 15.04 15.49 15.95 16.43 17.06 ra e 2 Occupational Therapy Assistant � Physicai Therapist Assistant 12-23-95 12.78 13.26 13.84 14.36 14.96 15.41 15.87 16.34 16.96 1-4-97 13.10 13.59' 14.18 14.72 15.33 15.79 16.26 16.75 17.39 Grade 26 Architectural Drafter Trainee Engineering Aide II 12-23-95 13.08 13.67 14.20 14.77 15.40 15.86 16.34 16.83 17.46 1-4-97 13.41 14.01' 14.56 15.14 15.78 16.26 16.75 17.25 17.90 Grade 30 Accounting Technician I Architectural Drafter Dental Hygienist E.D.P. Programmer Trainee Instructional Media Technician 12-23-95 14.10 14.70 15.30 15.97 16.66 17.16 17.68 18.21 18.89 1-4-97 14.45 15.06' 15.68 16.37 17.08 17.59 18.12 18.66 19.36 �� NOTE: Years listed for steps are illustrative. See Article 10 for salary schedule step progression rules. �Step B pertains only to employees hired prior to July 1, 1996. Employees hired on or after July 1, 1996, • will typically be placed on Step A and move to Step C after one (1) year of full-time service. I ��\�� APPENDIX A (continued) • Effective A B C D E F G H I NOTE(1) ST� .5 YEAR• 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15 YEAR , Grade 32 Information Systems Technician ' Network Technician I Payroil Information Systems Technician 12-23-95 14.80 15.46 16.13 16.77 17.52 18.05 18.59 19.15 19.85 1-4-97 15.17 15.85' 16.53 17.19 17.96 18.50 19.06 19.63 20.35 Grade 34 --- Accounting Technician II Network Technician II 12-23-95 15.56 16.26 16.96 17.71 18.49 19.04 19.61 20.20 20.94 1-4-97 15.95 16.67' 17.39 18.15 18.95 19.52 20.11 20.71 21.46 rG ade 36 E.D.P. Programmer 12-23-95 16.40 17.12 17.86 18.64 19.48 20.06 20.67 21.29 22.05 1-4-97 16.81 17.55' 15.31 19.11 19.97 20.57 21.18 21.82 22.61 Grade 38 � Accounting Technician III ' 12-23-95 17.29 18.01 18.83 19.64 20.54 21.15 21.79 22.44 23.24 1-4-97 17.72 18.46' 19.30 20.13 21.05 21.68 22.33 23.00 23.82 r 4 E.D.P. Programmer Analyst 12-23-95 18.19 19.00 19.86 20.69 21.63 22.28 22.95 23.64 24.48 1-4-97 18.64 19.47' 20.35 21.21 22.17 22.84 23.52 24.23 25.09 r d 4 Accounting Technician IV 12-23-95 19.18 20.05 20.94 21.85 22.83 23.51 24.22 24.95 25.83 t-4-97 19.66 20.55' 21.46 22.40 23.40 24.10 24.82 25.57 26.47 Grade 44 E.D.P. Lead Programmer 12-23-95 20.20 21.12 22.07 23.09 24.11 24.83 25.57 26.34 27.26 1-4-97 20.70 21.65' 22.62 23.67 24.71 25.45 26.21 27.00 27.94 �1� NOTE: Years listed for steps are illustrative. See Article 10 for salary schedule step progression rules. • �Step B pertains only to employees hired prior to July 1, 1996. Employees hired on or after July 1, 1996, will typically be placed on Step A and move to Step C after one (1) year of full-time service. II