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96-1445 �� ! ,, f Council File#�• � _y S f : f �' � i�`�� [ Green Sheet# 35884 ESOLUTION C F SAINT PAUL, MINNESOTA � Presented by Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 January 1, 1996 through December 31, 1997 Labor Agreement between the Independent School District 3 No. 625 and City of Saint Paul Manual and Maintenance Supervisors Association. Yeas Na s Absent Requested by Department of: Blakey Office of Labor Relations Bostrom � Guerin ;,� Harris ,/� By' Megard � ' Rettman �/ Form Appro�ved by Ci Attorney Thune i/ By: Adopted by Council: Date�o� 1�► \�q�o Approved by Mayor for ubmission to Council � �,/ /� Adoption ertified by Council Secretary By: 'c/"�f�/ By: c�- Approved by Mayor: Date By: ti�� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 35884 (��rY� LABOR RELATIONS November 13, 1996 CONTACT PERSON&PHONE: � INITIAL/DATE INiT1AUDATE NLIE KRAUS 266-6513 nss�crr 1 DEPARTMENT DIR. �'K 4 C1TY COUNCIL NUMBER 2 CITY ATTORNEY � CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MGT.SERVICE DIR. ROUTING 3 MAYOR(OR ASST.) ORDER TOTAL#OF SIGNATURE PAGES I (CLIP ALL LOCATIONS FOR SIGNATURE) ncr�oN REQuESTEn: This resolution approves the attached January 1, 1996 through December 31, 1997 Labor Agreement between Independent School District No. 625 and City of Saint Paul Manual and Maintenance Supervisors Association. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _C[VIL SERVICE COMMISSION L 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 ciry employee? _DISTRICT COURT Yes No , SUPPORTS WHICH COIINCIL OB]ECT[VE? � 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and sttach to green s6eet INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,Why): �� t1�fil F��s��rCh Center NO V 18 �9,� NOV 14 1996 ADVANTAGES IF APPROVED: �� T'his resolution pertains to Boazd of Education employees only. . ��`�� 96 DISADVANTAGES IF APPROVED: „ �� `� p�� DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: �UNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SHEET 1NSTRUCTIONAL 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) COLTNCIL RESOLUTION(Amend Budgets/Accept.Granu) I. Outside Agency 1. Department Director 2. Department Director 2. Budget Director 3. Ciry Attomey 3. City Attorney 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant S. Human Rights(for contracts over a50,000) S. City Council 6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services 7. Pinance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLITfION(all others,and Ordinances) 1. Activiry Manager 1. Department Director 2. Department Accountant 2. City Attomey 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Council 5. Ciry Clerk , 6. Chief Accountant,Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorney . 3. Finance and Management Services Director 4. Cih�Clerk TOTAL NUMBER OF SIGNATURE PAGES lndicate the�of pages on whic}i signatures aze required and paperclip or flag each of these pages. ACTION REQUESTED Describe what the projecdrequest seeks to accomplish in either chronological order or order of importance,whichever is most approptiate for the issue. Do not write camplete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been prescnted 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,BUDGET,SEWER SEPARAT10Nj. (SEE COMPLETE L1ST IN 1NSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to detertnine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM,ISSUE,OPPORTCTNITY Explain 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 pmjecUaction. 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 w�ill be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high tr�c,noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue 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 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS q `.(y�}�j DATE: May 28, 1996 TOPIC: Approval of an employment agreement with Saint Paul Manual and Maintenance Supervisors' Association, exclusive representative for Manual and Maintenance. 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: 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�yee 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 $25 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. A tiv mployee Life Insurance: Effective June 1, 1996, provisions of life insurance are changed from one times salary coverage to a flat$50,000 coverage capped at a maximum of$12 per month. Vacation: The total amount of vacation that may be carried over from year to year is increased to 120 hours. Proaression on the Salary Schedule and Insurance Eliyibilitv: January 1, 1996, the six month step will be eliminated. The first step increase will normally be after one year (2,080 hours). In conjunction with this change in step advancement, the health insurance eligibility waiting period is reduced from six months to three months for employees hired on or after January 1, 1996. Waae�: The new rates are effective December 23, 1995; and January 4, 1997. • The salary rate increase is 2.5%for the first year of the contract and 2.5%for the second year of the contract. 3) The District has five employees in this bargaining 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 School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those supervisory employees for whom City of Saint Paul Manual and Maintenance Supervisors' Association is the exclusive representative; duration of said Agreement is for the period of January 1, 1996 through December 31, 1997. ��- luy5 � � 1996 - 1997 LAB OR AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 and , CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION January 1, 1996 Through December 31, 1997 �� d � �� o ` PUBLIC SCHOOLS UFELONG LEARNING � i � � � �� d d � . �� o PUBLIC SCHOOLS LIFELONG LEARNINCa 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 R.Yusten - Assistant Superintendent, Teaching and Learning � i �� G�-�y�� ' ARTI E TITLE PAGE 1 . Purpose of Agreement................................................................... 1 2. Recognition.................................................................................... 1 3. Maintenance of Standards.............................................................. 2 4. Employer Security........................................................................ 2 5. Employer Authority...................................................................... 2 6. Association Security...................................................................... 3 7. Employee Rights - Grievance Procedure...................................... 4 8. Savings Clause............................................................................... 6 9. Seniority....................................................................................... 7 10. Discipline...................................................................................... 8 11 . Constitutional Protection.............................................................. 9 12. Overtime and Premiums............................................................... 9 13. Uniforms....................................................................................... 1 0 14. Vacation......................................................................................... 1 0 15. Holidays......................................................................................... 11 16. I ns urance....................................................................................... 1 2 17. Mileage - Independent School District No. 625............................ 2 6 18. Severance Pay............................................................................... 2 6 19. Working Out of Classification....................................................... 2 8 20. Parental Leave............................................................................... 2 8 21 . Sick Leave.....:................................................................................ 2 9 22. No Strike, No Lockout.................................................................... 2 9 23. Right to Subcontract...................................................................... 2 9 2 4. Wages............................................................................................. 2 9 2 5 Term of Agreement........................................................................ 31 AppendixA..................................................................................... A . � iii • , INTENTIONALLY BLANK � . � ��.-�y� � ARTICLE 1. PURPOSE OF AGREEMENT � 1 .1 This Agreement is entered into between Independent School District No. 625, hereinafter called the Employer, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the Association. , 1 .1 .1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; 1.1 .2 Establish procedures for the resolution of disputes concerning this Agreement's interpretation and/or application; and 1 .1 .3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. 1 .2 The Employer and the Association through this Agreement shall continue their dedication to the highest quality public service to the public served by the School District. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1971 as amended, for all personnel in the following bargaining unit: � All manual maintenance supervisors in the classification of Facility Operations Coordinator 1, Facility Operations Coordinator II, Food Service Equipment Specialist, and Grounds and Labor Supervisor, who are employed for more than fourteen (14) hours per week and more than sixty seven (67) workdays per year by Independent School District No. 625, excluding all other employees. 2.2 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as it has jurisdiction over by law. 2.3 The Employer shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this Agreement either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any • employee because of Association membership or nonmembership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. • 2.5 All existing Civil Service Rules shall apply except those superseded by this � Agreement. 1 ARTICLE 3. MAINTENANCE OF STANDARDS 3.1 The Cit a rees that all conditions of em lo ment relatin to wa es hours of � Y 9 P Y 9 J � work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil ' Service Rules of the City of Saint Paul 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. � ARTICLE 4. EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interterence with the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage all manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified � by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. 5.3 The exercise by the Employer of, or its waiver of or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer nor the subject or basis of any grievance not admissible in any arbitration proceeding. The Employer's right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement nor by any claim the Employer has claimed or condoned or tolerated any practice or any act or acts of any employees. 5.4 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. � 2 ARTICLE 6. ASSOCIATION SECURITY q��y� � 6.1 The Employer shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. ' 6.2 The Association may designate employees from the bargaining unit to act as stewards and alternates and shall inform the Employer in writing of such choices • and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Employer shall make space available on the employee bulletin board for the posting of Association notice(s) and announcement(s). 6.4 The Association 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. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives; transmit communications authorized by the Association or its officers under the terms of this contract; consult with the Employer, his/her representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, � so long as such action does not interfere with regular employee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee covered by this Agreement who is not an Association member shall be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Association. 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. It is also understood that the Association 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 Section. 6.8 The Association agrees that an administrative service fee of fifty cents ($.50) � per member per month shall be deducted by the Employer from the amount � withheld for dues or fair share prior to remittance of dues or fair share to the Association. 3 ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE � 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. ' 7.2 Association Representatives - The Employer will recognize representatives designated by the Association as the grievance representatives of the bargaining � unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2. of this Agreement. 7.3 Processing of a Grievance - It is recognized and accepted by the Association and the Employer 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 normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure - Grievances, as defined by Section 7.1., shall be resolved in conformance with the following procedure: � Step 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employe�-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) calendar days shall be considered waived. Step 2. If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such . Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to . Step 3 by the Association within ten (10) calendar days shall be considered waived. � 4 �� ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE(Continued) � 7.4 Procedure - Grievances (Continued) � te . If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Association the Employer's � answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within ten (10) calendar days shall be considered waived. te 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the rules as established by the Bureau of Mediation Services. 7.5 Arbitrator's AuthoritX 7.5.1. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association and shall have � no authoriry to make a decision on any other issue not so submitted. 7.5.2. 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 binding on both the Employer and the Association and 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. 7.5.3. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association 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. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. • 5 ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE(Continued) � 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be � considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at that step and � immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. 7.7 It is understood by the Association and the Employer that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that, if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. ARTICLE 8. SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. � 6 ��-�y�� ARTICLE 9. SENIORITY • 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: 9.1 .1 "District Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. • 9.1 .2 "Class Seniority" - 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 class seniority is confined to the current class assignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. 9.4 Subd• 1. 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 division based on inverse length of "Class Seniority.° Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. � ubd. 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman 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. Subd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid ctass title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have °Class Seniority° based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in Subd. 1. above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of °District Seniority," within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Service Rules and practices. • 7 ARTICLE 10. DISCIPLINE 10.1 The Employer will discipline employees for just cause only. Discipline will be • in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; ' d) Reduction; e) Discharge. 10.2. Suspensions, reductions, and discharges will be in written form. 10.3. Employees and the Association will receive copies of written reprimands and notices of suspension and discharge. 10.4. Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 10.5. Discharges will be preceded by a five (5)-day preliminary suspension without pay. During said period, the employee and/or Association 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 Civil Service Rules or may modify or withdraw same. � 10.6. An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that an Association Representative be present. 10.7. Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a "grievance" for the purpose of processing through the provisions of Article 7 (Grievance Procedure); as an alternative option, such employee can request review, consistent with Minnesota Statute § 179A.20, Subd. 4. Once an employee, or the union acting in the employee's behalf initiates review in one forum, the matter shall not be again �eviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. • 8 \�—` "l`-'l � ARTICLE 11. CONSTITUTIONAL PROTECTION � 1 1 .1 Em lo ees shall h v p y a e the rights granted to all citizens by the United States and Minnesota State Constitutions. � ARTICLE 12. OVERTIME AND PREMIUMS 12.1 Employees (with the exception of those covered in Section 12.2. hereof) shall be paid one and one-half (1-1/2) times the regular rate of pay for work performed in excess of the regular workday and/or the forty (40) hour workweek. Overtime rates shall be computed on the basis of 1/80 of the biweekly rate. 12.2 Employees in a classification in salary grade 41 or above, or that is considered "exempt from overtime calculation" under the FLSA shall be paid straight time for work performed in excess of the regular workday and/or the forty (40) hour workweek. 12.3 An employee who is called back to work following the completion of his/her regular workday shall be guaranteed four (4) hours of pay at his/her regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; � Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Christopher Columbus Day, and Veterans' Day. An employee working a major holiday as defined herein shall receive time and one-half (1-1/2) the regular rate of pay for alt work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that an alternative holiday shall be designated, pursuant to Article 15.4. 12.5 An employee shall be compensated in either compensatory time off or overtime payment in wages at the Employer's discretion. 12.6 A night differential of five percent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly- assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. • 9 ARTICLE 13. UNIFORMS � 13.1 The Employer agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the Employer. It ` is, however, further understood that the Employer's obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. ` 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the employee. 13.3 The Employer agrees to pay $60 toward the cost of purchasing or repairing one pair of safety shoes per contract year. This reimbursement of $60 shall be made only after investigation and approval by the immediate supervisor for that employee. This $60 Employer contribution shall apply only to those regular employees who are required to wear protective shoes or boots by the Employer. ARTICLE 14. VACATION 14.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: � Years 4f$3�U�� Y��n� First year through completion of 5 years 10 days After 5 years through completion of 15 years 15 days After 15 years through completion of 20 years 23 days After 20 years and thereafter 25 days 14.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to carry over into the following year up to one hundred twenty (120) hours of vacation. 14.4 Scheduling of vacation is subject to approval of the employee's supervisor. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of years since the employee's date of appointment. This shall not include years of service prior to a resignation. • 10 �b-�� ARTICLE 15. HOLIDAYS � 1 .1 I' - 5 o ida Recognized �Observed The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two Floating holidays Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1. above may be taken at any time during the contract year, subject to the appcoval of the Department Head of any employee. � 15.3 Eligibility Reauirements - 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 purpose of this Section. It is further understood that neither temporary, nor other employees not heretofore eligible shall receive holiday pay. 15.4 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. 15.5 Notwithstanding Article 15.1. and 15.4. 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 Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list as set forth in Article 15.1. i 11 ARTICLE 16. INSURANCE BENEFITS SECTION 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 Eligibility Waiting Period: Effective January 1. 1996, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be requi�ed before an eligible employee can receive the District contribution to premium cost for health and life insurance provided herein. 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 EmRloyer Contribution Amount--Full-Time Em I�oyees: 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 Emptoyer will contribute the cost of such family coverage or $330 per month, whichever is less. 1 .6 Employer 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 for full-time employees selecting family coverage in the same insurance plan. • 12 �.�-�y�� ARTICLE 16. INSURANCE, Section 1. (continued): � 1 .7 if In r . F L e su ance• or each eligible employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. 1.7.1 In addition to the $5,000 life insurance coverage in 1.7, the Employer agrees to contribute the cost of additional life coverage or $0.59 per ' thousand dollars of coverage per month, whichever amount is less. The total amount of life insurance coverage provided under this Section and Section 1.7 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this Section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the Employer's Group Health and Welfare Plan. This Employer paid life insurance shall be discontinued upon retirement. 1 .7.2 Effective June 1, 1996, for each eligible employee, the Employer agrees to contribute to the cost of $50,000 life insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $12.00 per month. This amount shall drop to $5,000 of coverage (in the event of early retirement) until the retiree reaches age sixty-five (65); then all Employer coverage shall terminate. 1 .8 Flexible S ep nding 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 16 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 16 shall be paid by the employee through payroll deduction. • 13 ARTICLE 16. INSURANCE (continued): SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT � Subd. 1 Required Conditions for Retirees (Age Sixty-Five [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 sixty-five (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 January 1, 1996: � Eligible employees who were appointed to positions within this bargaining unit prior to January 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 at least twenty (20) years of service for eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. 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 sixty-five (65). Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the DistricYs service requirement of this Subd. 1.1.1.2. Time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. • 14 ��-��y � ARTICLE 16. INSURANCE, Section 2. (continued): � 1.1.1 .3 A r ir et ee 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 January 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age sixty-five (65) and over. Time worked in the City of Saint Paul prior to January 1, 1996, will � 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 January 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 i�, Independent School District No. 625 before January 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the Transitional Plan in Article 16, Section 2, Subd. 3.1 of this Agreement following hereafter. This provision expires and is null and void after June 30, 1997. • 15 ARTICLE 16. INSURANCE, Section 2. (continued): ub . 2 rl ir � S d Ea y Ret ee Provisions, Effective January 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired before January 1, 1996, and eligible employees hired on or after January 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 sixty-five [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 Em I�oyees hired into District service before Januarv 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-five (55) years of age and have completed • twenty-five (25) years of service; o r B. The combination of their age and their years of service must equal eighty-five (85) or more; o r C. 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 Fm�loyees hired into District service after January 1. 1996, and retiring after January 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. 16 �� ARTICLE 16. INSURANCE, Section 2. (continued): � 2.1 .5 Additional de endents be ond those i p y des gnated 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. � 17 ARTICLE 16. 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 January 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 January 1, 1996, and employees hired on or after � January 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 January 1, 1996, must have completed continuous employment requirements in Subd. 2.1.2. Em,�loyees hired and a�pointed into Inde�endent School District No. 625 service on or after January 1. 1996. must have completed twenty (20) years of continuous em I�oyment with Inde�endent 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 �arlv Reti�ee premium contribution by the District for employees hired into � Independent School District No. 625 service after January 1, 1996. Insurance premium contribution for such employees shall cease when the employee reaches age sixty-five (65). � 18 �� '�C� ARTICLE 16. 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 January 1, 1996: 3.2.1 New employees hired on or after January 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 DistricYs specified procedures. 3.2.2 No employee hired on or after January 1, 1996, shall have or acquire In any way any ellgibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over. Employees hired on or after January 1, 1996, shall be eligible only for earlv retirement health insurance premium contribution as provided in Subd. 3.1. � 19 ARTICLE 16. INSURANCE, Section 2. (continued): 3.3 Employees Hired into Independent School District No. 625 service before • January 1 , 1996. A choice among three (3) possible options is available only to employees hired � and appointed into Independent School District No. 625 service before January 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 tisted 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 Re�uired 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 January 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 January 1, 1996, will continue to be counted toward meeting the DistricYs service requirement in this Subd. 3.3.1.2. Time worked with the City of Saint Paul after January 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 Dist�ict 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 heatth insurance program. 3.3.1.4 Additional dependents beyond those designated to the District at the time of reti�ement 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. � 20 �b-��1�� ARTICLE 16. INSURANCE, Section 2. (continued): � 3.3.2 Option 1 - Transitional Retiree Age 65 and Over Insurance O t{Zion � 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 18, 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 January 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: �overage Type in I 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. � 1 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. 21 ARTICLE 16. INSURANCE, Section 2. (continued): � 3.3.3 Ontion 2 - Minnesota Deferred Compensation Plan O tion Effective July 1, 1997, employees hired before January 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 January 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age sixty-five (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 18, Severance Pay of this Agreement. • The employee must initiate an application to participate through � the DistricYs 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. • 22 ��`�� ARTICLE 16. INSURANCE, Section 2. (continued): � 3.3.4 i n - r n ' i n ver e AIl wan ion: 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 January 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. 23 ARTICLE 16. INSURANCE, Section 2. (continued): h � • T e employee must elect to waive all severance pay described in Article 18, 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 1 997-98 $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 Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the specified amount. 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 18, Severance Pay section of this Agreement. • 24 �� ARTICLE 16. 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 January 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 Options: 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. S3.3.5.1 If state and federal law permits, and the option remains available from carriers, the District will allow eligible retirees at age sixty-five (65) who were hired i� Independent School District No. 625 service before January 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. � 25 ARTICLE 17. MILEAGE- INDEPENDENT SCHOOL DISTRICT NO.625 17.1 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 rate or 28¢ per mile whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTICLE 18. SEVERANCE PAY 18.1 Employees shall be eligible for severance pay in accordance with the School DistricYs Severance Pay Plan. The amount of severance pay allowed shall be that amount permitted by state statutes subject to the provision that the maximum amount allowed shall be $4,000. or as established by Section 18.2. of this Article. 18.2 Severance Pax. The Employer shall provide a severance pay program as set forth in this Section: 18.2.1 To be eligible for the severance pay program, an employee must meet � the following requirement: 18.2.1.1.a The employee must be (fifty-five) 55 years of age or older or must be eligible for pension under the "Rule of 90" or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). 18.2.1.2.b The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory reti�ement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 18.2.1.3.c 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. 18.2.1.4.d 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. � 26 ARTICLE 18. SEVERANCE PAY (continued �� `�� ) � 18.2.1.4.d 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. 18.2.1.5.e The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.2.2 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 (1/2) 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 200 accrued � sick leave days. 18.2.3 The maximum amount of money that any employee may obtain through this severance pay program is $7,500. 18.2.4 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. 18.2.5 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. 18.2.6 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. 18.2.7 This severance pay prog�am 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 Section conflict with said Severance Pay Plan and in such cases, the provisions of this Section shall control. 18.2.8 Any employee hired prior to December 31, 1984, may, in any event, and upon meeting the qualifications of this Section 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 Section 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, 1984, shall be entitled only to the benefits of this � Section upon meeting the qualifications herein. 27 ARTICLE 19. WORKING OUT OF CLASSIFICATION 19.1 . Any employee working an out-of-class assignment for a period in excess of � fifteen (15) working days during any fiscal year of Employer shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth consecutive day of such assignment. For purposes of this " Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this Article, the rate of ` pay for an out-of-class assignment shall be the same rate the employee would have received if he were promoted to the higher classification. ARTICLE 20. PARENTAL LEAVE 20.1 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. 20.2 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. 20.3 In the case of adoption, the employee shall submit a written application to the Director of Human Resources, of Independent School District No. 625 including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 20.4 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. 20.5 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. 20.6 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. � 28 ARTICLE 21. SICK LEAVE �� \�� 21 .1 �ick 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 (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. 21 .2 Specified 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 member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. An employee who has worked for the District for a 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. ARTICLE 22. NO STRIKE, NO LOCKOUT 22.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay in or other considered interterence with the Employer's business or affairs by the Association and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE 23. RIGHT TO SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in reduction of the workforce covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 24. WAGES 24.1 The wage schedule for purposes of this Agreement shall be Appendix A attached � hereto. 29 � INTENTIONALLY BLANK i � 30 ARTICLE 25. TERM OF AGREEMENT `�i`�� 25.1 This Agreement shali be effective as of January 1, 1996, and shall continue in effect through December 31, 1997. This Agreement shall not be extended oraily and it is understood that it shali expire on the date indicated. 25.2 It is understood that this settlement shall be recommended by the Negotiations/Labor Relations Manager, but is subject to approval by the Board of � Education. 25.3 The Employer and the Association acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully �nd completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules . or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. WITNESSES: INDEPENDENT SCHOOL DIST T NO.625 CITY OF SAINT PAUL MANUAL AND MAINTENANCE � � SUPERVISORS'ASSOCIATION \ �' � � for Negotiations/Labor Rel tions Manager President � � � , Negotiations/Labor Rela ' s Executive oard Member Assistant Manager �/y/ . S � �� Date Neg iations Team Member . \ S�� Chair, oard of Education Date U� � � Date � 31 • INTENTIONALLY BLANK � � ��-�� • APPENDIX A TITLES AND SALARIES . STEP 1 2 3 4 5 6 7 NOTE � Start 1 Yr. 2 Yr. 3 Yr. 5 Yr. 10 Yr. 15 Yr. ' rG ade 35 Food Service Equipment Specialist 12/23/95 1289.73 1422.17 1494.16 1572.38 1/4/97 1321.97 1457.72 1531.53 1611.69 �r�de 36 Facility Operations Coordinator I 12/23/95 1296.00 1428.84 1486.56 1562.48 1625.93 1710.37 1752.63 1/4/97 1328.40 1464.56 1523.72 1601.54 1666.57 1753.13 1796.44 r e 7 Grounds and Labor Supervisor 12/23/95 1334.89 1471.71 1531.16 1609.34 1674.69 1761.68 1805.21 1/4/97 1368.26 1508.50 1569.43 1649.58 1716.55 1805.72 1850.34 • r d 4 Facility Operations Coordinator II 12/23/95 1470.06 1609.55 1673.16 1758.72 1830.01 1925.02 1972.56 1/4/97 1506.81 1649.79 1714.99 1802.68 1875.76 1973.15 2021.88 ` �1� NOTE: Years listed for steps are illustrative. The rules governing step progression are • unchanged with the exception that employees appointed after January 1, 1996, are not eligible for a six-month step and normally will move from Step 1 to Step 2 after 2,080 hours. A • INTENTIONALLY BLANK . � • qG- 14yS � � 1996 - 1997 LAB OR AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 and � CITY OF SAINT PAUL MANUAL AND MAINTENANCE SUPERVISORS' ASSOCIATION January 1, 1996 Through December 31, 1997 �� d � � � �� o i PUBLIC SCHOOLS UFELONG LEARN/NG • • � � ��d � � . �� o PUBLIC SCHOOLS ��FELONG LEARNING 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 R. Yusten - Assistant Superintendent, Teaching and Leaming , • ii q�- ��15 • ,� � ARTICLE TITLE PA E 1 . Purpose of Agreement................................................................... 1 2. Recognition.................................................................................... 1 3. Maintenance of Standards.............................................................. 2 4. Employer Security........................................................................ 2 5. Employer Authority...................................................................... 2 6. Association Security...................................................................... 3 7. Employee Rights - Grievance Procedure...................................... 4 8. Savings Clause............................................................................... 6 9. Seniority....................................................................................... 7 10. Discipline...................................................................................... 8 11 . Constitutional Protection.............................................................. 9 12. Overtime and Premiums............................................................... 9 13. Uniforms....................................................................................... 1 0 � 14. Vacation......................................................................................... 1 0 15. Holidays............................................................................. 11 16. Insurance....................................................................................... 1 2 17. Mileage - Independent School District No. 625............................ 2 6 18. Severance Pay............................................................................... 2 6 19. Working Out of Classification....................................................... 2 8 20. Parental Leave............................................................................... 2 8 21 . Sick Leave.....:................................................................................ 2 9 22. No Strike, No Lockout.................................................................... 2 9 23. Right to Subcontract...................................................................... 2 9 24. Wages............................................................................................. 2 9 2 5 Term of Agreement........................................................................ 31 AppendixA..................................................................................... A � iii i . INTENTIONALLY BLANK � � �1�� -1��5 ARTICLE 1. PURPOSE OF AGREEMENT � 1 .1 This Agreement is entered into between Independent School District No. 625, hereinafter called the Employer, and the City of Saint Paul Manual and Maintenance Supervisors' Association, hereinafter called the Association. 1 .1 .1 Assure sound and mutually beneficial working and economic relationships between the parties hereto; • 1 .1 .2 Establish procedures for the resolution of disputes concerning this AgreemenYs interpretation and/or application; and 1 .1 .3 Place in written form the parties' agreement upon terms and conditions of employment for the duration of this Agreement. 1 .2 The Employer and the Association through this Agreement shall continue their dedication to the highest quality public service to the public served by the School District. Both parties recognize this Agreement as a pledge of this dedication. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Association as the exclusive representative, under the Public Employment Labor Relations Act of 1971 as amended, for all personnel in the following bargaining unit: ! All manual maintenance supervisors in the classification of Facility Operations Coordinator I, Facility Operations Coordinator II, Food Service Equipment Specialist, and Grounds and Labor Supervisor, who are employed for more than fourteen (14) hours per week and more than sixty seven (67) workdays per year by Independent School District No. 625, excluding all other employees. 2.2 In the event the Employer and the Association are unable to agree as to the inclusion or exclusion of a new or modified job class, the issue shall be submitted to the Bureau of Mediation Services for determination. It is understood that this provision shall refer to the Bureau of Mediation Services only such issues as it has jurisdiction over by law. 2.3 The Employer shall not enter into any agreements covering terms and conditions of employment with the employees of the bargaining unit under the jurisdiction of this Agreement either individually or collectively which in any way conflicts with the terms and conditions of this Agreement, except through the certified representative. 2.4 Neither the Association nor the Employer shall discriminate against any ' employee because of Association membership or nonmembership, or because of his race, color, sex, religion, national origin or political opinion or affiliations. ' 2.5 All existing Civil Service Rules shall apply except those superseded by this � Agreement. 1 ARTICLE 3. MAINTENANCE OF STANDARDS � 3.1 The City agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil ' Service Rules of the City of Saint Paul 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. ' ARTICLE 4. EMPLOYER SECURITY 4.1 The Association agrees that during the life of this Agreement it will not cause, encourage, participate in or support any strike, slow-down or other interruption of or interference with the normal functions of the Employer. ARTICLE 5. EMPLOYER AUTHORITY 5.1 The Employer retains the sole right to operate and manage all manpower, facilities, and equipment in accordance with applicable laws and regulations of appropriate authorities. 5.2 Any terms and conditions of employment not specifically established or modified � by this Agreement shall remain solely within the discretion of the EMPLOYER to modify, establish or eliminate. 5.3 The exercise by the Employer of, or its waiver of or its failure to exercise its full right of management or decision on any matter or occasion, shall not be a precedent or be binding on the Employer nor the subject or basis of any grievance not admissible in any arbitration proceeding. The Employer's right of management shall not be amended or limited by any claimed or unwritten custom, past practice or informal agreement nor by any claim the Employer has claimed or condoned or tolerated any practice or any act or acts of any employees. 5.4 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 technotogy and organizational structure and selection and direction and number of personnel. . � 2 �l � � � � � ARTICLE 6. ASSOCIATION SECURITY • 6.1 The Employer shall deduct from the wages of the employees who authorize such a deduction in writing an amount necessary to cover monthly Association dues. Such monies shall be remitted as directed by the Association. 6.2 The Association may designate employees from the bargaining unit to act as stewards and alternates and shall inform the Employer in writing of such choices � and of changes in the positions of stewards and/or alternates. It is further understood that the number and locations of stewards shall be limited and confined to numbers and locations as are necessary and reasonable to administer the provisions of this Agreement. 6.3 The Employer shall make space available on the employee bulletin board for the posting of Association notice(s) and announcement(s). 6.4 The Association 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. 6.5 The Employer agrees that on the Employer's premises and without loss of pay the Association stewards shall be allowed to post official Association notices of the designated representatives; transmit communications authorized by the Association or its officers under the terms of this contract; consult with the Employer, his/her representative, Association officers or the Association representative concerning the enforcement of any provisions of this Agreement, � so long as such action does not interfere with regular employee duties and is reasonable and necessary. 6.6 Stewards are authorized to perform and discharge the duties and responsibilities which are assigned to them under the terms of this Agreement and any supplementary Agreements. The Employer agrees that there shall be no restraint, interference, coercion or discrimination against a steward because of the performance of such duties. 6.7 Any present or future employee covered by this Agreement who is not an Association member shall be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Association. In no instance shatl 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. It is also understood that the Association 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 Section. 6.8 The Association agrees that an administrative service fee of fifty cents ($.50) - per member per month shall be deducted by the Employer from the amount � withheld for dues or fair share prior to remittance of dues or fair share to the Association. 3 ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE • 7.1 Definition of a Grievance - A grievance is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. ' 7.2 Association Representatives - The Employer will recognize representatives designated by the Association as the grievance representatives of the bargaining � unit having the duties and responsibilities established by this Article. The Association shall notify the Employer in writing of the names of such Association representatives and of their successors when so designated as provided by 6.2. of this Agreement. 7.3 Pr9cessina of a Grievance - It is recognized and accepted by the Association and the Employer 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 normal working hours only when consistent with such employee duties and responsibilities. The aggrieved employee and an Association Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Association Representative have notified and received the approval of the designated supervisor who has determined that such absence is reasonable and would not be detrimental to the work programs of the Employer. 7.4 Procedure - Grievances, as defined by Section 7.1., shall be resolved in conformance with the following procedure: � SteA 1. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 within ten (10) calendar days after the Employer-designated Representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Association within ten (10) calendar days shall be considered waived. te . If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Association the Employer's Step 2 answer in writing within ten (10) calendar days after receipt of such • Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not appealed in writing to - Step 3 by the Association within ten (10) calendar days shall be considered waived. � 4 � � � � �� ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE (Continued) • 7.4 Procedure - Grievances (Continued) te . If appealed, the written grievance shall be presented by the Association and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Association the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Association within ten (10) calendar days shall be considered waived. te 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Association shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance with the rules as established by the Bureau of Mediation Services. 7.5 Arbitrator's AuthoritX 7.5.1. The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Association and shall have no authority to make a decision on any other issue not so submitted. � 7.5.2. The arbitrator shall be without power to make decisions contra to or ry 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 binding on both the Employer and the Association and 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. 7.5.3. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Association 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. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. � 5 ARTICLE 7. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE (Continued) • 7.6 Waiver - If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Association may elect to treat the grievance as denied at that step and ' immediately appeal the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Association in each step. 7.7 It is understood by the Association and the Employer that, if an issue is determined by this grievance procedure, that issue shall not again be submitted for arbitration under the provision of the Rules and Regulations of Civil Service. It is further understood that, if an issue is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for arbitration under the procedures set forth in this Article. ARTICLE 8. SAVINGS CLAUSE 8.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provision of this Agreement shall be held 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 provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other provisions of this Agreement shall continue in full force and effect. � 6 qt� - ��5 ARTICLE 9. SENIORITY • 9.1 Seniority, for the purpose of this Agreement, shall be defined as follows: 9.1 .1 "District Seniority" - The length of continuous regular and � probationary service with the Employer from the last date of employment in any and all class titles. � 9.1 .2 "Class Seniority" - 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 class seniority is confined to the current class assignment held by an employee. 9.2 Seniority shall terminate when an employee retires, resigns or is discharged. 9.3 Seniority shall not accumulate during an unpaid leave of absence, except when such leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer; or is granted to take an elected or appointed full-time position with the Association. 9.4 ub . 1. 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 division based on inverse length of "Class Seniority.° Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after one year of layoff. � Subd• 2. In cases where there are promotional series, such as Foreman I, Foreman II, Foreman 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. Subd. 3. It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have °Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to original class as provided in Subd. 1. above. 9.5 To the extent possible, vacation periods shall be assigned on the basis of "District Seniority," within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 9.6 Promotions shall be handled in accordance with current Civil Senrice Rules and practices. s � ARTICLE 10. DISCIPLINE 10.1 The Em lo er will disci lin • p y p e employees for �ust cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; ° d) Reduction; e) Discharge. 10.2. Suspensions, reductions, and discharges will be in written form. 10.3. Employees and the Association will receive copies of written reprimands and notices of suspension and discharge. 10.4. Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 10.5. Discharges will be preceded by a five (5)-day preliminary suspension without pay. During said period, the employee and/or Association 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 Civil Service Rules or may modify or withdraw same. � 10.6. An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that an Association Representative be present. 10.7. Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a "grievance° for the purpose of processing through the provisions of Article 7 (Grievance Procedure); as an alternative option, such employee can request review, consistent with Minnesota Statute § 179A.20, Subd. 4. Once an employee, or the union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. � 8 � �' '�� ARTICLE 11. CONSTITUTIONAL PROTECTtON � 1 1 .1 Em lo ees shall have the ri hts r n p y g g a ted to all citizens by the United States and Minnesota State Constitutions. • ARTICLE 12. OVERTIME AND PREMIUMS 12.1 Employees (with the exception of those covered in Section 12.2. hereof) shall be paid one and one-half (1-1/2) times the regular rate of pay for work performed in excess of the regular workday and/or the forty (40) hour workweek. Overtime rates shall be computed on the basis of 1/80 of the biweekly rate. 12.2 Employees in a classification in salary grade 41 or above, or that is considered "exempt from overtime calculation" under the FLSA shall be paid straight time for work performed in excess of the regular workday and/or the forty (40) hour workweek. 12.3 An employee who is called back to work following the completion of his/her regular workday shall be guaranteed four (4) hours of pay at his/her regular straight time rate. 12.4 Major holidays, for the purpose of this Section, shall include the following: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; � Christmas Day. Minor holidays, for the purpose of this Section, shall include the following: Martin Luther King Day, Presidents' Day, Christopher Columbus Day, and Veterans' Day. An employee working a major holiday as defined herein shall receive time and one-half (1-1/2) the regular rate of pay for all work performed on such holiday, and an employee working a minor holiday as defined herein shall receive straight time for such holiday work, it being understood that � an alternative holiday shall be designated, pursuant to Article 15.4. 12.5 An employee shall be compensated in either compensatory time off or overtime payment in wages at the Employer's discretion. 12.6 A night differential of five percent (5%) shall be provided to employees who work night shifts as defined herein. A night shift will be considered to be a regularly-assigned shift beginning earlier than 6 a.m., or ending later than 6 p.m., provided that at least five (5) hours of said shift are worked between the hours of 6 p.m. and 6 a.m. It is further understood that in case of regularly- assigned shifts beginning earlier than 6 a.m. or ending later than 6 p.m. which involve less than five (5) hours of work, an employee shall be eligible for the night differential only for the hours actually worked during night shift hours. � 9 ARTICLE 13. UNIFORMS � 13.1 The Employer agrees that if any employee is required to wear any kind of uniform or safety equipment as a condition of continued employment, such uniform and/or equipment shall be furnished and maintained by the Employer. It � is, however, further understood that the Employer's obligation to provide uniforms and/or safety equipment shall be confined to present practices and/or requirements of law. ' 13.2 Any uniform or safety equipment provided pursuant to this Article, damaged in the line of duty, shall be replaced by the Employer, provided that said damage is not attributable to the negligence or other improper act of the pmployee. 13.3 The Employer agrees to pay $60 toward the cost of purchasing or repairing one pair of safety shoes per contract year. This reimbursement of $60 shall be made only after investigation and approval by the immediate supervisor for that employee. This $60 Employer contribution shall apply only to those regular � employees who are required to wear protective shoes or boots by the Employer. ARTICLE 14. VACATION 14.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: � Years�Servicg Y��Sa�d First year through completion of 5 years 10 days After 5 years through completion of 15 years 15 days After 15 years through completion of 20 years 23 days After 20 years and thereafter 25 days 14.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 14.3 The head of the department may permit an employee to carry over into the following year up to one hundred twenty (120) hours of vacation. 14.4 Scheduling of vacation is subject to approval of the employee's supervisor. 14.5 For the purposes of this Article 14, years of service shall be defined as the number of years since the employee's date of appointment. This shall not include years of service prior to a resignation. i ,o ��/��y� ARTICLE 15. HOLIDAYS i 15.1 Holidavs Recognized n�Observed - The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King Jr. Day _ Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two Floating holidays Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 15.2 The floating holidays set forth in Section 15.1. above may be taken at any time during the contract year, subject to the approval of the Department Head of any employee. � 15.3 Eliqibility 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 purpose of this Section. It is further understood that neither temporary, nor other employees not heretofore eligible shall receive holiday pay. 15.4 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. 15.5 Notwithstanding Article 15.1. and 15.4. 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 Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list as set forth in Article 15.1. � 11 ARTICLE 16. INSURANCE BENEFITS SECTION 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 Eligibility Waiting Period: Effective January 1. 1996, 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. 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 Employer Contribution Amount--Full-Time Em I{�oyees: 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 ful� 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. 1 .6 Emqloyer Contribution Amount--Half-Time Em�loyees: 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 for full-time employees selecting family coverage in the same insurance plan. � 12 �� ARTICLE 16. INSURANCE, Section 1. (continued): • 1 .7 Life Insurance: For each eligible employee the Employer agrees to contribute the cost of $5,000 life insurance coverage. 1.7.1 In addition to the $5,000 life insurance coverage in 1.7, the Employer agrees to contribute the cost of additional life coverage or $0.59 per � thousand dollars of coverage per month, whichever amount is less. The total amount of life insurance coverage provided under this Section and Section 1.7 for each employee shall be equal to the employee's annual salary to the nearest full thousand dollars. For the purpose of this Section, the employee's annual salary shall be based on the salary as of the beginning of a contract period. This contribution shall be paid to the Employer's Group Health and Welfare Plan. This Employer paid life insurance shall be discontinued upon retirement. 1.7.2 Effective June 1, 1996, for each eligible employee, the Employer agrees to contribute to the cost of $50,000 life insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $12.00 per month. This amount shall drop to $5,000 of coverage (in the event of early retirement) until the retiree reaches age sixty-five (65); then all Employer coverage shall terminate. 1 .8 Flexible Spending 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 16 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 16 shall be paid by the employee through payroll deduction. � 13 ARTICLE 16. INSURANCE (continued): SEG"110N 2. RETIREMENT HEALTH INSURANCE AND TRAN ITI N • S O AL BENEFIT Subd. 1 Required Conditions for Retirees (Age Sixty-Five [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 sixty-five (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 January 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to January 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 at least twenty (20) years of service for eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. 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 sixty-five (65). Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the DistricYs service requirement of this Subd. 1.1.1.2. Time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. � 14 �� i � L�� ARTICLE 16. INSURANCE, Section 2. (continued): • 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 January 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age sixty-five (65) and over. Time worked in the City of Saint Paul prior to January 1, 1996, will � 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 January 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 o n I y. for employees hired into service � n Independent School District No. 625 before January 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the Transitional Plan in Article 16, Section 2, Subd. 3.1 of this Agreement following hereafter. This provision expfres and is null and void after June 30, 1997. � 15 ARTICLE 16. 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 before January 1, 1996, and eligible employees hired on or after January 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 �etirement (early retirement and subsequently after age sixty-five [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 Em I�oyees hired into District service before Januaq/ 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-five (55) years of age and have completed � twenty-five (25) years of service; o r B. The combination of their age and their years of service must equal eighty-five (85) or more; o r � 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 � for Subd. 2.1.2 D. 2.1 .3 Employees hired into District service after January 1. 1996, and retiring after January 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. 16 ``��_ �-1�1✓ ARTICLE 16. INSURANCE, Section 2. (continued): • 2.1 .5 Additional de endents be ond h i n h Di ri h ' p y t ose des g ated to t e st ct at t e 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. � 17 ARTICLE 16. 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 January 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 January 1, 1996, and employees hired on or after � January 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 January 1, 1996, must have completed continuous employment requirements in Subd. 2.1.2. Em I�oyees hired and a�nointed into Indet�t�dent School District No 625 service on or after Januarv 1. 1996 must have comnleted twen�,j/ (20) years of continuous em I{�oyment with Indenendent 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 Distrtct No. 625 service after January 1, 1996. Insurance premium contribution for such employees shall cease when the employee reaches age . sixty-five (65). � 18 �`� - 1�1y� ARTICLE 16. 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 January 1, 1996: 3.2.1 New employees hired on or after January 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 January 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 January 1, 1996, shall be eligible only for earlv retirement health insurance premium contribution as provided in Subd. 3.1. � 19 ARTICLE 16. INSURANCE, Section 2. (continued): 3.3 Employees Hired into Independent School District No. 625 service before ! January 1 , 1996. A choice among three (3) possible options is available only to employees hired � and appointed into Independent School District No. 625 service before January 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 Re�uired 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 January 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 January 1, 1996, will continue to be counted toward meeting the DistricYs service requirement in this Subd. 3.3.1.2. Time worked with the City of Saint Paul after January 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. • 20 �� - �u�� ARTICLE 16. INSURANCE, Section 2. (continued): � 3.3.2 i ' i I ir n v rl r nc i � 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 18, 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 January 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 Ty�e 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. 21 ARTICLE 16. INSURANCE, Section 2. (continued): � 3.3.3 O�tion 2 - Minnesota Deferred Compensation Plan O tion Effective July 1, 1997, employees hired before January 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 January 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age sixty-five (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 18, 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. � 22 �� `� `�� ARTICLE 16. INSURANCE, Section 2. (continued): . 3.3.4 Option 3 - Transitional Severance Allowance O tp ion: 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 January 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. 23 ARTICLE 16. INSURANCE, Section 2. (continued): • • The employee must elect to waive all severance pay described in Article 18, 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 1 997-98 $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 Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the specified amount. 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 18, Severance Pay section of this � Agreement. 24 ��' �� ARTICLE 16. INSURANCE, Section 2. (continued): • 3.3.4.4 At no time, and under no circumstances shali 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 January 1 , 1996. This Option 3 - Transitional Severance Allowance Option expires on June 30, 2017, and will be thereafter null and void. 3.3.5 �hoice of O tp ions: 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 sixty-five (65) who were hired ',�n� Independent School District No. 625 service before January 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. • 25 ARTICLE 17. MILEAGE-INDEPENDENT SCHOOL DISTRICT NO.625 17.1 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 rate or 28¢ per mile whichever is greater. In addition, a . maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTICLE 18. SEVERANCE PAY 18.1 Employees shall be eligible for severance pay in accordance with the School DistricYs Severance Pay Plan. The amount of severance pay allowed shall be that amount permitted by state statutes subject to the provision that the maximum amount allowed shall be $4,000. or as established by Section 18.2. of this Article. 18.2 �everance PaX. The Employer shall provide a severance pay program as set forth in this Section: 18.2.1 To be eligible for the severance pay program, an employee must meet � the following requirement: 18.2.1.i.a The employee must be (fifty-five) 55 years of age or older or must be eligible for pension under the "Rule of 90° or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). 18.2.1.2.b 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. 18.2.1.3.c 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 senrice requirement. 18.2.1.4.d 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. � 26 �`� � 1 � �� ARTICLE 18. SEVERANCE PAY (continued) � 18.2.1.4.d 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. 18.2.1.5.e The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 18.2.2 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 (1/2) 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 200 accrued sick leave days. 18.2.3 The maximum amount of money that any employee may obtain through this severance pay program is $7,500. 18.2.4 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. 18.2.5 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. 18.2.6 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. 18.2.7 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 Section conflict with said Severance Pay Plan and in such cases, the provisions of this Section shall control. 18.2.8 Any employee hired prior to December 31, 1984, may, in any event, and upon meeting the qualifications of this Section 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 Section 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, 1984, shall be entitled only to the benefits of this � Section upon meeting the qualifications herein. 27 ARTICLE 19. WORKING OUT OF CLASSIFICATION 19.1 . Any employee working an out-of-class assignment for a period in excess of � fifteen (15) working days during any fiscal year of Employer shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth consecutive day of such assignment. For purposes of this ' Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this Article, the rate of " pay for an out-of-class assignment shall be the same rate the employee would have received if he were promoted to the higher classification. ARTICLE 20. PARENTAL LEAVE 20.1 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. 20.2 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. 20.3 In the case of adoption, the employee shall submit a written application to the Director of Human Resources, of Independent School District No. 625 including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 20.4 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. 20.5 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. 20.6 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. � 28 �(� - 1�-(� 5 ARTICLE 21. SICK LEAVE � 21 .1 �ick 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 (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. 21 .2 Specified 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 member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. An employee who has worked for the District for a 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. ARTICLE 22. NO STRIKE, NO LOCKOUT 22.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay in or other considered interference with the Employer's business or affairs by the Association and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy that may arise. ARTICLE 23. RIGHT TO SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in reduction of the workforce covered by this Agreement, the Employer shall give the Association a ninety (90) calendar day notice of the intention to subcontract. ARTICLE 24. WAGES . 24.1 The wage schedule for purposes of this Agreement shall be Appendix A attached � hereto. 29 � INTENTIONALLY BLANK � • 30 ��- r� �� ARTICLE 25. TERM OF AGREEMENT • 25.1 This Agreement shall be effective as of January 1, 1996, and shall continue in effect through December 31, 1997. This Agreement shall not be extended orally and it is understood that it shall expire on the date indicated. 25.2 It is understood that this settlement shall be recommended by the Negotiations/Labor Relations Manager, but is subject to approval by the Board of � Education. 25.3 The Employer and the Association acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully �nd completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules , or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. In those areas � where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. WITNESSES: INDEPENDENT SCHOOL DIST T NO.625 CITY OF SAINT PAUL MANUAL AND MAINTENANCE � � SUPERVISORS'ASSOCIATION . � � for Negotiations/Labor Rel tions Manager President � .� _ F\ / \./ Negotiations/Labor Rela ' s Executive oard Member Assistant Manager �/y/ . s � � Date Neg iations Team Member . \ S�� Chair, oard of Education Date C� � Date • 31 • INTENTIONALLY BLANK � • -Il�' ��J � APPENDIX A TITLES AND SALARIES STEP 1 2 3 4 5 6 7 NOTE � Start 1 Yr. 2 Yr. 3 Yr. 5 Yr. 10 Yr. 15 Yr. . Grade 35 Food Service Equipment Specialist 12/23/95 1289.73 1422.17 1494.16 1572.38 1/4/97 1321.97 1457.72 1531.53 1611.69 r e Facility Operations Coordinator I 12/23/95 1296.00 1428.84 1486.56 1562.48 1625.93 1710.37 1752.63 1/4/97 1328.40 1464.56 1523.72 1601.54 1666.57 1753.13 1796.44 rd Grounds and Labor Supervisor 12/23/95 1334.89 1471.71 1531.16 1609.34 1674.69 1761.68 1805.21 1/4/97 1368.26 1508.50 1569.43 1649.58 1716.55 1805.72 1850.34 � G ade 40 Facility Operations Coordinator II 12/23/95 1470.06 1609.55 1673.16 1758.72 1830.01 1925.02 1972.56 1/4/97 1506.81 1649.79 1714.99 1802.68 1875.76 1973.15 2021.88 ' �� NOTE: Years listed for steps are illustrative. The rules governing step progression are � unchanged with the exception that employees appointed after January 1, 1996, are not eligible for a six-month step and normally will move from.Step 1 to Step 2 after 2,080 hours. A � INTENTIONALLY BLANK � �