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96-1446 r � � � � � � ' ` F � Council File # - � 6..; � , t .. 6 e . . . _.� Green Sheet# 35885 RESOLUTION CI Y INT PAUL, MINNESOTA g Presented by Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1995 through June 30, 1997 Labor Agreement between the Independent School District No. 625 3 and District Lodge 77, International Association of Machinists and Aerospace Workers AFL-CIO. Yeas Na s Absent Requested by Department of: Blakey ✓ Office of Labor Relations Bostrom � Guerin v� Harris �- BY' —� Megard � Rettman Form Appr ved by t ttorney �` Thune ✓ By: � Adopted by Council: Date Q,� � 1��_ Approved by Mayor for Su ission to Council � - Adoption Certified by Council Secretary By: By: .^ � Approved by Mayor: Date�,�j j�� By: � �G ��`� DEPARTMENT/OFFICE/COUNCIL: bATE INITIATED G1�.EN Si1r.ET NO.• 35885 "1 �."I Y+"'/O LABOR RELATIONS November 13, 1996 ' CONTACT PERSON&PHONE: � INITIAL/DATE INITiAL/DATE NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �� 4 CITY COUNCIL NUMBER 2 C1TY 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 1 (CLIP ALL LOCATIONS FOR SIGNATURE) Ac�r�oN�QuES�n: T'his resolution approves the July 1, 1995 through June 30, 1997 Labor Agreement between Independent School District No. 625 and District Lodge 77,International Association of Machinists and Aerospace Workers AFL-CIO RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: �PLANNING COMMISSION _CIVIL 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 city employee? DISTRICT COURT Yes No SUPPORTS WHICH COUNCIL OBJECTIVE? 3. Does this person/firm possess a skill not normally possessed by any current ciry employee? Yes No Explain all yes answers on sepsrste sheet and attach to green sheet INITIATING PROBLEM,ISSUE.OPPORTIJNITY(Who,What,When,Where,Why): �C+E�� NOV � 4 1996 NIpeYOfCS OFFICE ADVANTAGES IF APPROVED: This resolution pertains to Board of Education employees only. �e��' � �� ,��, _,�; ��t� c�` �� N�� 1� DISADVANTAGES IF APPROVED: ��V y T� � ' �� „�� >:�A _ '�� DI5ADVANTAGES IF NOT APPROVED: '� TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS � �- � 44� DATE: March 12, 1996 TOPIC: Approval of Employment Agreement between Independent Schooi District No. 625, Saint Paul Public Schools, and District Lodge No. 77, International Association of Machinists and Aerospace Workers, exclusive representative for machinists A. PERTINENT FACTS: 1. New Agreement is for the two-year period July 1, 1995 through June 30, 1997. 2. Contract changes include: INSURANCE: Effective January 1, 1996, the health insurance premium contribution maximums is increased by $10 per month for employee coverage or $20 per month for family coverage. Effective January 1, 1997, the health insurance premium contribution maximums is increased by $5 per month for employee coverage or $20 per month for family coverage. Effective April 1, 1996, the total amount of life insurance available will be $25,000 of coverage. The cap will be increased by$1.22 per month to$6.32. 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. SAFETY SHOES: The reimbursable amount for safety shoes is increased to $60 per contract year. This will include purchase or repair of required safety shoes. SEVERANCE: The traditional severance amount in the contract (apart from the retiree insurance optional severance plan) is increased to a maximum of $7,500, consistent with other units. VACATION: The amount of vacation that an employee may carry over into the next year is increased to 120 hours. This is consistent with most other groups. WAGES: Effective July 1, 1995, the wage rates are increased by 2%. Effective July 1, 1996, the wage rates will increase by 2%. 3. The District has app�oximately five FTE employees in this bargaining unit. 4. This item is submitted by Phyllis E. Byers, Negotiations/Labor Relations Manager; Richard Kreyer, Negotiations/Labor Relations Assistant Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of machinists in this school district for whom District Lodge No. 77, International Association of Machinists and Aerospace Workers, is the exclusive representative. Duration of said Agreement is for the period of July 1, 1995 through June 30, 1997. � C-f�Y� a , JULY l, 1995 THROUGH JUNE 30, 1997 LAB OR AGREEMENT Between Saint Paul Public Schools Independent School District No. 625 � And District Lodge No. 77 International Association of Machinists And Aerospace Workers AFL-CIO � �� d � �� PUBLIC SCHOOLS ��FELOrvc LEARNInrc � � d i ��d � �� PUBLIC SCHOOLS ��FELONG LEARN/NG SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Director Becky Montgomery - Treasurer Administration: Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, Planning and Support Services Maureen A. Flanagan - Assistant Superintendent, � Administration and Government Relations William A. Larson - Assistant Superintendent, Fiscal Affairs and Operations Cy Yusten - Assistant Superintendent, Teaching and Learning , � ii �� ' INDEX • ARTICLE TIT� PAGE 1 Recognition.......................................................................... 1 2. Definitions........................................................................... 1 3 Maintenance of Standards.................................................... 2 4 Check Off and Administrative Service Fee......................... 2 5 Union Rights........................................................................ 3 6 Management Rights.............................................................. 3 7 Discipline............................................................................ 3 8 Hours, Overtime Pay........................................................... 4 9 Tool Insurance and Clothing................................................ 4 10 Jury Duty............................................................................ 4 1 1 Legal Services..................................................................... 5 1 2 Mileage - Independent School District No. 625.................. 6 1 3 Insurance............................................................................. 7 1 4 Holidays............................................................................... 1 7 1 5 Vacation............................................................................... 1 8 � 1 6 Grievance Procedures......................................................... 1 9 1 7 Savings Clause..................................................................... 2 1 1 8 Severance Pay..................................................................... 2 2 1 9 Wage Schedule..................................................................... 2 5 2 0 Strikes, Lockouts, Work Interference................................ 2 5 2 1 Sick Leave............................................................................ 2 5 2 2 Parental Leave..................................................................... 2 6 2 3 Family Medical Leaves........................................................ 2 7 2 4 Safety Shoes......................................................................... 2 7 2 5 Duration and Effective Date................................................. 2 9 AppendixA........................................................................ A-1 , • iii � INTENTIONALLY BLANK � . • iv ��yy� THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND � DISTRICT LODGE#77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. � This Agreement has been entered into between Independent School District No. 625, hereafter referred to as the Employer, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the • Union. This Agreement has as its purposes the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � � v � INTENTIONALLY BLANK � � � � �-�� ARTICLE 1. RECOGNITION � 1 .1 The Employer recognizes the Union as the sole and exciusive bargaining agent for the purposes of establishing wages, benefits, hours, and other conditions of ' employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated April 5, 1990, in Case No. 90-PCL-3212, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by Independent School District No. 625 in the classifications of Audio-visual Equipment Repairer, Communications Technician Helper, Equipment Repairer, Food Service Equipment Repairer, Machinist, Mechanic-Welder, Parts Runner, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excluding supervisory, confidential, temporary, and employees exclusively represented by other labor or employee organizations. 1 .2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. � ARTICLE 2. DEFINITIONS 2.1 Collective Bargaining: The Employer will bargain collectively with the Union with respect to rates of pay, hours, and conditions pertaining to employment for all of the employees in the unit herein before set forth. 2.2 Discrimination: The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.3 This Agreement shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the Employer. If, subsequent to this Agreement, any governing body passes a provision which shall create a cost ' benefit for an employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations � during the course of an existing contract. � 1 ARTICLE 3. MAINTENANCE OF STANDARDS � 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in ' the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever ' specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues: The Employer agrees to deduct the Union membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fair Share: Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon � notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 4.3 Administrative Service Fee: The Association agrees that an administrative fee of $6.00 per employee, per year shall be deducted by the Employer from the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The Union will indemnify, defend, and hold the Employer harmless against any claims and all suits, orders or judgments brought or issued against the Employer, its officers or employees, as a result of any action taken or not taken by the Employer under the provisions of this section. � 2 �� `�� ARTICLE 5. UNION RIGHTS � 5.1 The Union may designate employees within the bargaining unit to serve as Union Stewards. ' 5.2 The Union shaii furnish the Employer and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the Employer for the purpose of meetings. ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 7. DISCIPLINE � 7.1 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. 7.2 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five- (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five- (5) day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 7.4 Employees who are suspended, demoted or discharged retain all rights under • Minn. Stat. § 179A.20, Subd. 4, and thereby have the right to request that such actions be considered a "grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedures). Oral reprimands shall not be - subject to the grievance review procedures. • 3 ARTICLE 8. HOURS, OVERTIME PAY 8.1 Hours of Employment: The normal workday and the normal work week shall be � eight (8) hours excluding one-half (1/2) hour for lunch in any twenty-four (24)-hour period and forty (40) hours in any seven-day period. (For � employees on a shift basis, this shall be construed to mean an average of forty hours a week.) The normal work week shall consist of five (5) consecutive normal workdays. 8.2 Call-in Pay: When an employee is called to work, he/she shall receive two hours' pay if not put to work. If the employee is called to work and commences work, he/she shall be guaranteed four (4) hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.3 Overtime: Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the biweekly rate. ARTICLE 9. TOOL INSURANCE AND CLOTHING � 9.1 The Employer will provide four (4) changes of coveralls per week in accordance with existing practices. 9.2 The Employer agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the Employer's premises and in such places as Employer shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the Employer's premises. ARTICLE 10. JURY DUTY 10.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a witness in his or her own behalf against the Employer shall be paid his/her regular pay while so engaged, provided, however, that any fees that the employee may receive from the court for such . service shall be paid to the Employer and be deposited with the District Business Office. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such . time as the employee is required to appear in court as a juror or witness. • 4 ARTICLE 1 1 . LEGAL SERVICES ��-�� 1 1 .1 Except in cases of malfeasance in office or willful or wanton neglect of duty or indifference to rights of others, the Employer shall defend, save harmless, and ' indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 11 .2 Notwithstanding the provisions of Subd. 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11 .3 Notwithstanding the provisions of Subd. 11.1 or 112, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 1 1 .4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, � verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Employer's General Counsel. � 5 ARTICLE 12. MILEAGE- INDEPENDENT SCHOOL DISTRICT NO. 625 � 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the � District Mileage Committee utilizing one of the following plans: PLAN "A", effective with the adoption of this Agreement, is reimbursed ' at the current Board of Education rate or 28� per mile whichever greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. • � 6 ARTICLE 13. INSURANCE \�� SECTION 1. ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer sha�l be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit ° providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 13.2 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. 13.3 For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours per week or at least forty (40) hours per pay period excluding overtime hours. 13.4 For each full-time employee who selects employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $170 per month, whichever is less. For each full-time employee who selects family coverage, the Employer witl contribute the cost of such family coverage or $290 per month, whichever is less. 13.4.1 Effective January 1, 1996, for each full-time employee who selects � employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $180 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $310 per month, whichever is less. 13.4.2 Effective January 1, 1997, for each full-time employee who selects employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $185 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $330 per month, whichever is less. 13.5 For each half-time employee who selects employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting such employee insurance coverage. 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 such family insurance coverage. � 7 ARTICLE 13. INSURANCE (continued) � 13.7 For each eligible employee the Employer agrees to contribute the cost of $5,000 of basic life insurance coverage. 13.7.1 Effective January 1, 1996, the Employer will contribute the cost of additional $15,000 life insurance coverage or $5.10 per month, whichever is less. This life insurance coverage terminates at ° retirement. 13.7.2 Effective April 1, 1996, the Employer will contribute to the cost of $20,000 life insurance coverage in addition to the $5,000 basic life insurance specified in 13.7. This brings the total life insurance coverage to $25,000. The cost to the Employer for both basic and additional life insurance coverages shall not exceed $6.32 per month. The additional life insurance coverage and Employer contribution toward additional life insurance premiums terminates at retirement. 13.8 During the term of this Agreement a pre-tax medical and child care expense account will be made available to employees in this bargaining unit who are eligible for Employer-paid premium contribution for health insurance. The account will be available for medical and child care expenses within the established legal regulations and IRS requirements for such accounts. SECTION 2. RETIREE HEALTH INSURANCE PROVISIONS Subd. 1. Premium Contributions for Retirees w 1 .1 Required Conditions for ALL Retirees, effective July 1, 1995 Eligible employees who retire on or after July 1, 1995, 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 (these conditions are required for early retirement, and for retirement at age 65 or over): 1 .1 .1 Be receiving pension benefits from the Saint Paul Teachers' Retirement Fund, PERA or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. � 8 ARTICLE 13. INSURANCE, Section 2. (continued) �� \�� 1 .1 .2 Effective July 1, 1995, must have completed twenty (20) years of continuous employment 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. Not less than ten (10) of the years immediately preceding retirement must have been � completed within the actual employment of the District (i.e., service credit with the City of Saint Paul or other governmental unit shall not be considered in meeting this ten (10) year requirement. Effective June 30, 2006, all years of service toward meeting the twenty (20) year requirement must be in the actual employment of Independent School District No. 625: No outside time with the City of Saint Paul or other governmental units will be considered. 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 .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 .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. Subd. 2. Early Retirees 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 meet the required conditions. The District will for the period of this Agreement provide employees who meet the eligibility requirements for health insurance in this Section, 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. � 9 ARTICLE 13. INSURANCE, Section 2. (continued) i 2.2 The District will provide for early retirees who qualify under the conditions of 2.1 and 2.2 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. Subd. 3 Retirement Benefits - Effective July 1. 1995 throuah June 30. 1997 onlx. For employees who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements of this Section, and the terms of the policy provided in this Subd. 3 or for early retirees who qualified under the conditions of 2.1 and 2.2 above and who are eligible under the terms of the policy provided in this Subd. 3, 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 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 13, Section 2, Subd. 3 of this Agreement following hereafter. This provision expires and is null and void after June 30, 1997. Subd. 4. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1995-97 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. 3 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 4 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. 4.1 He�lth 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 conditions in Subd. 1 and Subd. 2 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 2.1 and 22 of this section. � 10 ARTICLE 13. INSURANCE, Section 2. (continued) �� \��b � 4.2 Emoloyees Hired in Independent School District No 625 on or after January 1 . 1996. 4.2.1 New employees hired on or after January 1, 1996, will after completing three (3) full years of consecutive active service 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. 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. 4.2.2 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 for early retirement health insurance premium contribution as provided in Subd. 4.1 above. 4.3 Employees Hired in Independent School District No 625 before January 1 . 1996. A choice among three (3) possible options is available to employees hired 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 . 4.3.1 R�quired Conditions for ALL Retirees. effective July 1 1995. Eligible employees who retire on or after July 1, 1995, must meet the _ conditions and eligibility requirements specified in Subds. 1 and 2. of this Section to be eligible for any of the options listed in 4.3 and � following subparagraphs. 11 ARTICLE 13. INSURANCE, Section 2. (continued) 4.3.2 Option 1 - Transitional Retiree Age 65 and Over Insurance Option � Conditions: • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (4.3.3 below) is not eligible for this provision, and cannot change his/her original . decision.1 • An employee who elects at retirement to participate in Option 3 - Transitional Severance Allowance Option (4.3.4 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. 4.3.2.1 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 Section 2, Subd. 1 of this Article and the terms of the policy provided in this Subd. 4.32, or for early retirees who qualified under the conditions of 4.1 above � and who are eligible under the terms of the policy provided in this Subd. 4.3.2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: Coverage Type in le 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. 12 �� `�� ARTICLE 13. INSURANCE, Section 2. (continued) � 4.3.3 Option 2 - Minnesota Deferred Compensation Plan Option Effective July 1, 1997, employees hired before January 1, 1996, who have completed at least three (3) full years of continuous active service with the District 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 4.2 of this Subdivision). Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 65 and over Insurance Option as provided in 4.3.2 (above) of this subdivision. • The employee must irrevocably waive Option 3 Transitional Severance Allowance prior as provided under 4.3.4 (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. 4.3.4 Option 3 - Transitional Severance Allowance Option: Effective July 1, 1996 through June 30, 2017. 4.3.4.1 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 4.3.2 (above) of this subdivision. • 13 ARTICLE 13. INSURANCE, Section 2. (continued) Option 3 - Transitional Severance Allowance Conditions - (continued) � • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (4.3.3 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 (not including periods of non-compensatory leave). Not less than fifteen (15) years immediately preceding retirement must have been completed within the actual employment of the District, (i.e., service credit with the City of Saint Paul or other governmental unit shall not be considered in meeting this fifteen (15) requirement). Effective June 30, 2006, all years of service toward meeting the twenty (20) year requirement must be in the actual employment of Independent School District No. 625. No outside time with the City of Saint Paul or other governmental units will be considered. • 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 Saint Paul Teachers' Retirement Fund, or Minnesota PERA. • 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. • 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. 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. � 14 AR 1 ��` �� TICLE 3. INSURANCE, Section 2. (continued) � • 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. 4.3.4.2 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 1 996-97 $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 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. 4.3.4.3 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. 4.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be available to any person hired by the District 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. • 15 ARTICLE 13. INSURANCE, Section 2. (continued) 4.3.5 Choice of Options: � It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subds. 4.3.2 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. 4.32) OR Option 3 - Transitional Severance Allowance Option (Subd. 4.3.4), that decision can be made shortly before actual retirement. Once made, the decision is irrevocable. District Benefits Office will provide information upon request. 4.3.5.1 If state and federal law permits, and the option remains available from carriers, the District will allow eligible retirees at age 65 who were hired before January 1, 1996, and who have completed at least ten (10) consecutive years of service with the District and over 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. � 16 ��\��lp ARTICLE 14. HOLIDAYS � 1 li - 14. Ho days Recognized and Observed - The followmg days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King 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. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, subject to the approval of the department head of any employee. � 14.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. 14.4 In the case of Board of Education Employees, 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 a day on which school is not in session and shall be determined by agreement between the employee and the supervisor. � 17 ARTICLE 15. VACATION � 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted First year through completion of 8 years 15 days ` After 8 years through completion of 15 years 20 days After 15 years and thereafter 25 days. 15.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to a maximum of one hundred and twenty (120) hours of vacation. 15.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five (5) days in any one year so that the maximum � vacation time which may be taken in any one year shall be forty (40) days including the regular vacation period. � 18 ��-�`��lp ARTICLE 16. GRIEVANCE PROCEDURES � Th m I r 16.1 e E p oye shall recognize stewards selected m accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union � shall notify the Employer in writing of the names of the stewards and of their successors when so named. � 16.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resotved in conformance with the following procedure: e 1 Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal � basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2 Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 19 ARTICLE 16. GRIEVANCE PROCEDURES (continued): � Step 3 Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or the designated representative and � attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result ' of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. te 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. � 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 16.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. . 20 �� ARTICLE 16. GRIEVANCE PROCEDURES (continued): � 16.7 It is understood b the Union and the Em lo r h ri v n y p ye t at a g e a ce may be determined by either the grievance procedure of this contract or by the � provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure, it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the - provisions of the Civil Service Rules, it shall not again be submitted for arbitration under this grievance procedure. ARTICLE 17. SAVINGS CLAUSE 17.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall be held contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. � t � 21 ARTICLE 18. SEVERANCE PAY 18.1 The Em lo er shall rovide a severance a ro ram as set forth in this Article. � PY P PYP9 18.2 For employees hired prior to July 1, 1989 to be eligible for the severance pay ' program, the employee must meet the following requirements: 18.2.1 The employee must be fifty-eight (58) years of age or older or must be • eligible for pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). 18.2.2 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 18.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. 18.2.4 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 18.2.5 The employee must have accumulated a minimum of sixty (60) days of � sick leave credits at the time of his/her separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. Effective April 1, 1996 this amount shall be increased to $7,500. 18.5 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. , � 22 ��`�� ARTICLE 18. SEVERANCE PAY (continued): � 18.6 For the ur ose of this severance a ro ram a transfer from Inde endent P P P Y P 9 � P 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. - 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 18.8 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 18.9 The provisions of this Article shall be effective as of January 1, 1986. 18.10 Any employee hired prior to December 31, 1983, may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall be entitled only to the benefits of this Article upon meeting the qualifications herein. '� 18.1 1 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this Article if such employee is also eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 19, 1983. 18.12 The above Articles 18.1 through 18.11 apply only to employees hired prior to July 1, 1989. 18.13 Employees hired on or after July 1. 1989, shall be covered by the provisions of the following Articles 18.14 through 18.17. 18.14 For employees hired on or after July 1, 1989, the Employer shall provide a severance pay program as set forth in the following Article 18.13. through 18.17. 18.15 To be eligible for the severance pay program, an employee must meet the following requirements: 18.15.1 The employee must be voluntarily separated from Independent School District No. 625 employment or have been subject to separation, ' layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the District severance ' pay program. � 23 ARTICLE 18. SEVERANCE PAY (continued): Th m I m fi � 18.15.2 e e p oyee ust le a waiver of reempioyment with the Directors of Human Resources of Independent School District No. 625 and the City of Saint Paul, which will clearly indicate that by requesting ' severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the Independent School District No. 625 or the City of Saint Paul. - 18.15.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 18.16 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of as shown below based on the number of years of service with the District. Years of Service Maximum with the District Severance Pav At Least 2 0 $ 4,000 21 $ 4,600 2 2 $ 5,200 2 3 $ 5,800 � 2 4 $ 6,400 2 5 $ 7,500 18.17 For the purpose of this severance 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. 18.18 The manner of payment of such severance pay shall be made in accordance with the provisions of the original School District Severance Pay Plan. 18.19 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. . 24 �t�� ARTICLE 19. WAGE SCHEDULE � 19.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 19.2 The Vehicle Mechanic Leadworker rate will be no less than 25¢ per hour higher than the Vehicle Mechanic rate. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-down, stay-in, or other concerted interference with the Employer's business or affairs by any of the said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. ' ARTICLE 21 . SICK LEAVE 21 .. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. 21 .2 Specified Allowable Uses of Sick Leave 21 .2.1. 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-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, dentists, 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. • 25 ARTICLE 21 . SICK LEAVE (continued): 21 .2.2 An em lo ee who works twelve 12 consecutive months er ear for � P Y � ) P Y an average of twenty (20) or more hours per week 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 - Minn. Stat. § 181.9413 and shall remain available so long as provided in Statute. 21 .3 Sick Leave with Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his/her regular employment with Independent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. ARTICLE 22. PARENTAL LEAVE 22.1 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 � chitdren 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. 22.2 In 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 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. 22.3 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. ` 22.4 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. � 26 ARTICLE 22. PARENTAL LEAVE (Continued) �� `��1V • 22.5 When an em lo ee h p y as 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. ARTICLE 23. FAMILY MEDICAL LEAVES 23.1 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. ARTICLE 24. SAFETY SHOES 24.1 The Employer agrees to reimburse the employee for up to a maximum of $60 per contract year toward the cost of purchasing or repairing a pair of safety shoes. � 24.2 This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer reimbursement shall apply only to those employees who are required to wear protective shoes or boots by the Employer. � 27 • , INTENTIONALLY BLANK � � 28 _��+�� ARTICLE 25. DURATION AND EFFECTIVE DATE � 25.1 . The Employer and the Union 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 and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policies 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. 25.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through June 30, 1997, and thereafter until modified or�amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971, as amended. 25.3 This constitutes a tentative agreement between the parties which will be recommended by the school district negotiator, but is subject to the approval of the School Board, the Administration of the District, and is also subject to ratification by the Union. WITNESSES: � INDEPENDENT SCHOOL DISTRICT NO.625 DISTRICT LODGE NO.77, INTERNATIONAL AS.SOCIATION OF MACHINISTS AND AEROSPACE WORKE ,AFL-CIO � ' i , � Negotiati ns/Labor Relations M nager Business ent � � Negotiations/Labor R tions Negotiator 5-��-9 Assistant Manager ,�� , �sy� -�-��-�� Date Date � - . � Chair oard of Education - 3/�9/q� Date i 29 � INTENTIONALLY BLANK � i ,,� �,�:��.�� APPENDIX A � The wa e rates and s I r n f r g a ary a ges o classifications in this unit are shown below: � EFFECTIVE EFFECTIVE July 1. 1995 July 1. 1996 Machinist $ 18.18 $ 18.54 Vehicle Mechanic 18.18 18.54 Vehicle Mechanic Leadworker 18.48 18.85 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle Mechanic base rate Third 1,000 hours 65°/a of the Vehicle Mechanic base rate Fourth 1,000 hours 70% of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate Seventh 1,000 hours 85% of the Vehicle Mechanic base rate � Eighth 1,000 hours 90% of the Vehicle Mechanic base rate. EFFECIIVE EFFECTIVE July 1. 1995 July 1. 1996 Probationary 6 Mo. Probationary 6 Mo. R�.t@ 9�i@ R�L� Rate Audio Visual Equipment Repairer $15.68 $16.52 $15.99 $16.85 Food Service Equipment Repairer 12.38 13.10 12.63 13.36 . � A1 � , INTENTIONALLY BLANK � . • 9�.- 14y � � , . JULY 1, 1995 THROUGH JUNE 30, 1997 LAB OR AGREEMENT Between Saint Paul Public Schools Independent School District No. 625 � And District Lodge No. 77 International Association of Machinists And Aerospace Workers AFL-CIO � �� PUBLIC SCHOOLS ��FELONG LEARNING . � d � ��d � �� ' 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 Yusten - Assistant Superintendent, Teaching and Learning � � ii i ' INDEX ' ARTI LE TITLE PAGE 1 Recognition.......................................................................... 1 2. Definitions........................................................................... 1 3 Maintenance of Standards.................................................... 2 4 Check Off and Administrative Service Fee......................... 2 5 Union Rights........................................................................ 3 6 Management Rights.............................................................. 3 7 Discipline............................................................................ 3 8 Hours, Overtime Pay........................................................... 4 9 Tool Insurance and Clothing................................................ 4 10 Jury Duty............................................................................ 4 1 1 Legal Services..................................................................... 5 1 2 Mileage - Independent School District No. 625.................. 6 1 3 Insurance............................................................................. 7 1 4 Holidays............................................................................... 1 7 1 5 Vacation............................................................................... 1 8 � 1 6 Grievance Procedures......................................................... 1 9 1 7 Savings Clause..................................................................... 2 1 1 8 Severance Pay..................................................................... 2 2 1 9 Wage Schedule..................................................................... 2 5 2 0 Strikes, Lockouts, Work Interference................................ 2 5 2 1 Sick Leave............................................................................ 2 5 2 2 Parental Leave..................................................................... 2 6 2 3 Family Medical Leaves........................................................ 2 7 2 4 Safety Shoes......................................................................... 2 7 2 5 Duration and Effective Date................................................. 2 9 AppendixA........................................................................ A-1 • iii � . INTENTIONALLY BLANK � . � iv a�- �w�� THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND � D�STRICT LODGE#77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS AFL-CIO. ' This Agreement has been entered into between Independent School District No. 625, hereafter referred to as the Employer, and District Lodge #77, International Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the ° Union. This Agreement has as its purposes the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � � v � INTENTIONALLY BLANK � � �� - ��b ARTICLE 1 . RECOGNITION � 1 .1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours, and other conditions of ' employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated April 5, 1990, in Case No. 90-PCL-3212, and as set forth below: All regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by Independent School District No. 625 in the classifications of Audio-visual Equipment Repairer, Communications Technician Helper, Equipment Repairer, Food Service Equipment Repairer, Machinist, Mechanic-Welder, Parts Runner, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excluding supervisory, confidential, temporary, and employees exclusively represented by other labor or employee organizations. 1 .2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. � ARTICLE 2. DEFINITIONS 2.1 Collective Bargaining: The Employer will bargain collectively with the Union with respect to rates of pay, hours, and conditions pertaining to employment for all of the employees in the unit herein before set forth. 2.2 Discrimination: The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any employee covered by this Agreement because of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.3 This Agreement shall designate and define benefits with the exception of pension benefits that shall be granted to the employees by the Employer. If, subsequent to this Agreement, any governing body passes a provision which shall create a cost ' benefit for an employee in this unit, the cost of such benefit shall be paid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations " during the course of an existing contract. • 1 ARTICLE 3. MAINTENANCE OF STANDARDS i r e th II n i ' � 3.1 The part es ag e at a co d tions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in ' the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever " specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues: The Employer agrees to deduct the Union membership dues once each month from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 4.2 Fair Share: Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon � notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law and as otherwise legal. 4.3 Administrative Service Fee: The Association agrees that an administrative fee of $6.00 per employee, per year shall be deducted by the Employer from the employee's earnings. This annual deduction shall be made from the first paycheck received in January of each year. 4.4 The Union will indemnify, defend, and hold the Employer harmless against any claims and all suits, orders or judgments brought or issued against the Employer, its officers or employees, as a result of any action taken or not taken by the Employer under the provisions of this section. � 2 � � l � `� � � [ ARTICLE 5. UNION RIGHTS � 5.1 The Union may designate employees within the bargaining unit to serve as Union Stewards. ' S.2 The Union shall furnish the Employer and appropriate department heads with a list of Stewards and alternates, and shall, as soon as possible, notify said appropriate District officials in writing of any changes thereto. Only those who ° are Officers and Stewards shall be recognized by the Employer for the purpose of meetings. ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. ARTICLE 7. DISCIPLINE � 7.1 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. 7.2 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 7.3 Discharges will be preceded by a five- (5) day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer Representative who initiated the suspension with intent to discharge. During said five- (5) day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 7.4 Employees who are suspended, demoted or discharged retain all rights under ° Minn. Stat. § 179A.20, Subd. 4, and thereby have the right to request that such actions be considered a "grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedures). Oral reprimands shall not be � subject to the grievance review procedures. • 3 ARTICLE 8. HOURS, OVERTIME PAY 8.1 Hours of Employment: The normal workday and the normai work week shall be � eight (8) hours excluding one-half (1/2) hour for lunch in any twenty-four (24)-hour period and forty (40) hours in any seven-day period. (For employees on a shift basis, this shall be construed to mean an average of forty ` hours a week.) The normal work week shall consist of five (5) consecutive normal workdays. 8.2 Call-in Pay: When an employee is called to work, he/she shall receive two hours' pay if not put to work. If the employee is called to work and commences work, he/she shall be guaranteed four (4) hours' pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 8.3 Overtime: Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. 8.4 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the biweekly rate. ARTICLE 9. TOOL INSURANCE AND CLOTHING � 9.1 The Employer will provide four (4) changes of coveralls per week in accordance with existing practices. 9.2 The Employer agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the Employer's premises and in such places as Employer shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the Employer's premises. ARTICLE 10. JURY DUTY 10.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a witness in his or her own behalf against the Employer shall be paid his/her regular pay while so engaged, provided, however, that any fees that the employee may receive from the court for such , service shall be paid to the Employer and be deposited with the District Business Office. Any employee who is scheduled to work a shift, other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such , time as the employee is required to appear in court as a juror or witness. . 4 �l� ` ��I ARTICLE 1 1 . LEGAL SERVICES � 1 1 .1 Except in cases of malfeasance in office or willful or wanton neglect of duty or indifference to rights of others, the Employer shall defend, save harmless, and ` indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 1 1 .2 Notwithstanding the provisions of Subd. 11.1, the Employer shall not be required to defend or indemnify any employee against personal liability or damages, costs or expense (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee in response to or resulting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 11 .3 Notwithstanding the provisions of Subd. 11.1 or 11.2, the Employer may at its sole discretion defend an employee against allegations, claims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such representation without regard to actual or potential conflicts of interest. 1 1 .4 Each employee, within 20 days after receiving notice of (1) a tort claim or demand, action, suit or proceeding against him or her, and (2) a judgment, � verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the pertormance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the Employer's General Counsel. � 5 ARTICLE 12. MILEAGE-INDEPENDENT SCHOOL DISTRICT NO. 625 12.1 Em I ees of the School District under olic ado ted b th B r � p oy p y p y e oa d 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 one of the following plans: PLAN "A", effective with the adoption of this Agreement, is reimbursed ' at the current Board of Education rate or 28¢ per mile whichever greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. � � 6 � � ! ( � � � � �� ARTICLE 13. INSURANCE � SECTION 1. ACTIVE EMPLOYEE INSURANCE 13.1 The insurance plans, premiums for coverages and benefits contained in the ' insurance plans offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit ' providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider implements. 13.2 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. 13.3 For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours per week or at least forty (40) hours per pay period excluding overtime hours. 13.4 For each full-time employee who selects employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $170 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $290 per month, whichever is less. 13.4.1 Effective January 1, 1996, for each full-time employee who selects � employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $180 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $310 per month, whichever is less. 13.4.2 Effective January 1, 1997, for each full-time employee who selects employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $185 per month, whichever is less. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $330 per month, whichever is less. 13.5 For each half-time employee who selects employee coverage under a hospital-medical insurance plan offered by the Employer, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting such employee insurance coverage. 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 such family insurance coverage. � 7 ARTICLE 13. INSURANCE (continued) h � 13.7 For eac eligible employee the Employer agrees to contribute the cost of $5,000 of basic life insurance coverage. 13.7.1 Effective January 1, 1996, the Employer will contribute the cost of additional $15,000 life insurance coverage or $5.10 per month, whichever is less. This life insurance coverage terminates at ' retirement. 13.7.2 Effective April 1, 1996, the Employer will contribute to the cost of $20,000 life insurance coverage in addition to the $5,000 basic life insurance specified in 13.7. This brings the total life insurance coverage to $25,000. The cost to the Employer for both basic and additional life insurance coverages shall not exceed $6.32 per month. The additional life insurance coverage and Employer contribution toward additional life insurance premiums terminates at retirement. 13.8 During the term of this Agreement a pre-tax medical and child care expense account will be made available to employees in this bargaining unit who are eligible for Employer-paid premium contribution for health insurance. The account will be available for medical and child care expenses within the established legal regulations and IRS requirements for such accounts. SECTION 2. RETIREE HEALTH INSURANCE PROVISIONS Subd. 1. Premium Contributions for Retirees � 1 .1 Required Conditions for ALL Retirees, effective July 1, 1995 Eligible employees who retire on or after July 1, 1995, 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 (these conditions are required for early retirement, and for retirement at age 65 or over): 1 .1 .1 Be receiving pension benefits from the Saint Paul Teachers' Retirement Fund, PERA or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. � 8 �� C' ARTICLE 13. INSURANCE, Section 2. (continued) � 1 .1 .2 Effective Jul 1 y , 1995, must have completed twenty (20) years of continuous employment 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. Not less than ten (10) of the years immediately preceding retirement must have been � completed within the actual employment of the District (i.e., service credit with the City of Saint Paul or other governmental unit shall not be considered in meeting this ten (10) year requirement. Effective June 30, 2006, all years of service toward meeting the twenty (20) year requirement must be in the actual employment of Independent School District No. 625: No outside time with the City of Saint Paul or other governmental units will be considered. 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 .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 .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. � Subd. 2. Early Retirees 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 meet the required conditions. The District will for the period of this Agreement provide employees who meet the eligibility requirements for health insurance in this Section, 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. � 9 ARTICLE 13. INSURANCE, Section 2. (continued) � 2.2 The District will provide for early retirees who qualify under the conditions of 2.1 and 2.2 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. Subd. 3 Retirement Benefits - Effective July 1. 1995 through June 30. 1997 onlv. For employees who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements of this Section, and the terms of the policy provided in this Subd. 3 or for early retirees who qualified under the conditions of 2.1 and 2.2 above and who are eligible under the terms of the policy provided in this Subd. 3, 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 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 13, Section 2, Subd. 3 of this Agreement following hereafter. This provision expires and is null and void after June 30, 1997. Sub . 4. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1995-97 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. 3 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 4 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. 4.1 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 conditions in Subd. 1 and Subd. 2 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 2.1 and 2.2 of this section. � 10 . . �� ✓ f� �'� ARTICLE 13. INSURANCE, Section 2. (contmued) � 4.2 Employees Hired in Independent School District No. 625 on or after January 1 . 1996. � 4.2.1 New employees hired on or after January 1 , 1996, will after completing three (3) full years of consecutive active service 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. 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. 4.2.2 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 for early retirement health insurance premium contribution as provided in Subd. 4.1 above. 4.3 Employees Hired in Independent School District No. 625 before January 1 . 1996. A choice among three (3) possible options is available to employees hired 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 , 4.3.1 R�ec uired Conditions for ALL Retirees. effective July 1. 1995. Eligible employees who retire on or after July 1, 1995, must meet the + conditions and eligibility requirements specified in Subds. 1 and 2. of this Section to be eligible for any of the options listed in 4.3 and � following subparagraphs. 11 ARTICLE 13. INSURANCE, Section 2. (continued) 4.3.2 Option 1 - Transitional Retiree Age 65 and Over Insurance Option � Conditions: • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (4.3.3 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 (4.3.4 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. 4.3.2.1 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 Section 2, Subd. 1 of this Article and the terms of the policy provided in this Subd. 4.32, or for early retirees who qualified under the conditions of 4.1 above � and who are eligible under the terms of the policy provided in this Subd. 4.3.2 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: CoverageType Single 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. � 12 ARTICLE 13. INSURANCE, Section 2. (continued) �� i �f�� 4.3.3 Option 2 - Minnesota Deferred Compensation Plan Option Effective July 1, 1997, employees hired before January 1, 1996, who ' have completed at least three (3) full years of continuous active service with the District 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 4.2 of this Subdivision). Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 65 and over Insurance Option as provided in 4.3.2 (above) of this subdivision. • The employee must irrevocably waive Option 3 Transitional Severance Allowance prior as provided under 4.3.4 (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. 4.3.4 Option 3 - Transitional Severance Allowance Option: Effective July 1, 1996 through June 30, 2017. 4.3.4.1 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 4.3.2 (above) of this subdivision. • 13 ARTICLE 13. INSURANCE, Section 2. (continued) Option 3 - Transitional Severance Allowance Conditions - (continued) S • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option � (4.3.3 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 (not including periods of non-compensatory leave). Not less than fifteen (15) years immediately preceding retirement must have been completed within the actual employment of the District, (i.e., service credit with the City of Saint Paul or other governmental unit shall not be considered in meeting this fifteen (15) requirement). Effective June 30, 2006, all years of service toward meeting the twenty (20) year requirement must be in the actual employment of Independent School District No. 625. No outside time with the City of Saint Paul or other governmental units will be considered. • 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 Saint Paul Teachers' Retirement Fund, or Minnesota PERA. • 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. • 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. � 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. 14 �� 1`"{�1� ARTICLE 13. INSURANCE, Section 2. (continued) • • 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. 4.3.4.2 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 1 996-97 $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 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. 4.3.4.3 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. 4.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be available to any person hired by the District 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. � 15 ARTICLE 13. INSURANCE, Section 2. (continued) 4.3.5 Choice of Options: • It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subds. 4.3.2 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. 4.3.2) OR Option 3 - Transitional Severance Allowance Option (Subd. 4.3.4), that decision can be made shortly before actual retirement. Once made, the decision is irrevocable. District Benefits Office will provide information upon request. 4.3.5.1 If state and federal law permits, and the option remains available from carriers, the District will allow eligible retirees at age 65 who were hired before January 1, 1996, and who have completed at least ten (10) consecutive years of service with the District and over 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. � 16 ARTICLE 14. HOLIDAYS �� 1�� 14.1 Holida s Reco nized n Observed - The followin da s shail be reco nized and Y � 9 Y 9 observed as paid holidays: New Year's Day Martin Luther King 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. 14.2 The floating holidays set forth in Section 14.1 above may be taken at any time during the contract year, subject to the approval of the department head of any employee. � 14.3 Eligibility Requirements - In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. 14.4 In the case of Board of Education Employees, 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 a day on which school is not in session and shall be determined by agreement between the employee and the supervisor. • 17 ARTICLE 15. VACATION � 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service Vacation Granted First year through completion of 8 years 15 days ' After 8 years through completion of 15 years 20 days After 15 years and thereafter 25 days. 15.2 Employees who work less than full time shall be granted vacation on a pro rata basis. 15.3 The head of the department may permit an employee to carry over into the following year up to a maximum of one hundred and twenty (120) hours of vacation. 15.4 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.5 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess to vacation at the rate of one-half day's vacation for each day of sick leave credit. 15.6 The maximum number of days' vacation allowed by the conversion of sick leave credits shall be no more than five (5) days in any one year so that the maximum vacation time which may be taken in any one year shall be forty (40) days � including the regular vacation period. • 18 q� - ��y� ARTICLE 16. GRIEVANCE PROCEDURES � 16.1 The Em lo er shall r p y ecognize stewards selected m accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the stewards and of their successors when so named. • 16.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Step 1 Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal � basis with the employee's supervisor. If the matter is not resolved to _ the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2 Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 19 ARTICLE 16. GRIEVANCE PROCEDURES (continued): � Ste Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result J of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. Step 4 If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7) day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 16.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or � subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 16.5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim �ecord of the proceedings, it may cause such a record to be made, providing it pays for the record. 16.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. i 2� ARTICLE 16. GRIEVANCE PROCEDURES (continued): �� /G�� 16.7 It is understood b the Union and th I y e Emp oyer that a grievance may be determined by either the grievance procedure of this contract or by the provisions of the Civil Service Rules of the City of Saint Paul. If an issue is determined by this grievance procedure, it shall not again be submitted for arbitration under the Civil Service Rules. If an issue is determined by the - provisions of the Civil Service Rules, it shall not again be submitted for arbitration under this grievance procedure. ARTICLE 17. SAVINGS CLAUSE 17.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall be held contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. . i 21 ARTICLE 18. SEVERANCE PAY 18.1 The Em lo er shall rovide a severance a ro ram as set forth in this Articl . � PY P PYP9 e 18.2 For employees hired prior to July 1, 1989 to be eligible for the severance pay program, the employee must meet the following requirements: 18.2.1 The employee must be fifty-eight (58) years of age or older or must be � eligible for pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). 18.2.2 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this severance pay program. 18.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. 18.2.4 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 18.2.5 The employee must have accumulated a minimum of sixty (60) days of • sick leave credits at the time of his/her separation from service. 18.3 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 18.4 The maximum amount of money that any employee may obtain through this severance pay program is $6,500. Effective April 1, 1996 this amount shall be increased to $7,500. 18.5 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. i 22 �� r�� ARTICLE 18. SEVERANCE PAY (continued): � 18.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not ' considered a separation of employment, and such transferee shall not be eligible for this severance program. � 18.7 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 18.8 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 18.9 The provisions of this Article shall be effective as of January 1, 1986. 18.10 Any employee hired prior to December 31, 1983, may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall be entitled only to the benefits of this Article upon meeting the qualifications herein. � 18.1 1 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this Article if such employee is also eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 19, 1983. 18.12 The above Articles 18.1 through 18.11 apply only to employees hired prior to July 1, 1989. 18.13 �mployees hired on or after July 1 1989, shall be covered by the provisions of the following Articles 18.14 through 18.17. 18.14 For employees hired on or after July 1, 1989, the Employer shall provide a severance pay program as set forth in the following Article 18.13. through 18.17. 18.15 To be eligible for the severance pay program, an employee must meet the following requirements: 18.15.1 The employee must be voluntarily separated from Independent School District No. 625 employment or have been subject to separation, ` layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the District severance � pay program. � 23 ARTICLE 18. SEVERANCE PAY (continued): � 18.15.2 The employee must file a waiver of reemployment with the Directors of Human Resources of Independent School District No. 625 and the City of Saint Paul, which will clearty indicate that by requesting ' severance pay, the employee waives all claims to reinstatement or reemployment (of any type), with the Independent School District No. 625 or the City of Saint Paul. ' 18.15.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his/her separation from service. 18.16 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of as shown below based on the number of years of service with the District. Years of Service Maximum with the District Severance Pav At Least 2 0 $ 4,000 21 $ 4,600 2 2 $ 5,200 2 3 $ 5,800 � 2 4 $ 6,400 2 5 $ 7,500 18.17 For the purpose of this severance 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. 18.18 The manner of payment of such severance pay shall be made in accordance with the provisions of the original School District Severance Pay Plan. 18.19 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan except in those cases where the specific provisions of this article conflict with said ordinance and in such cases, the provisions of this article shall control. � 24 G(� - i�� ARTICLE 19. WAGE SCHEDULE � 19.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 19.2 The Vehicle Mechanic Leadworker rate will be no less than 25¢ per hour higher than the Vehicle Mechanic rate. ARTICLE 20. STRIKES, LOCKOUTS,WORK INTERFERENCE 20.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-down, stay-in, or other concerted interference with the Employer's business or affairs by any of the said Union and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. � ARTICLE 21 . SICK LEAVE 21 .. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. 21 .2 Specified Allowable Uses of Sick Leave 21 .2.1 . 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-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, dentists, 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. � 25 ARTICLE 21 . SICK LEAVE (continued): n m lo ee who w rk w Ive 12 con e u ive m n � 21 .2.2 A e p y o s t e ( ) s c t o ths per year for an average of twenty (20) or more hours per week may use accumulated personal sick leave credits �or 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 " Minn. Stat. § 181.9413 and shall remain available so long as provided in Statute. 21 .3 Sick Leave with Pay. During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his/her regular employment with Independent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. ARTICLE 22. PARENTAL LEAVE 22.1 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. 22.2 In 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 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. 22.3 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. ' 22.4 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. 26 ARTICLE 22. PARENTAL LEAVE Continued �� ✓ �� ) � 22.5 When an em lo ee h r p y as equested 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. ARTICLE 23. FAMILY MEDICAL LEAVES 23.1 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. ARTICLE 24. SAFETY SHOES 24.1 The Employer agrees to reimburse the employee for up to a maximum of $60 per contract year toward the cost of purchasing or repairing a pair of safety shoes. � 24.2 This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. The Employer reimbursement shall apply only to those employees who are required to wear protective shoes or boots by the Employer. � 27 s , INTENTIONALLY BLANK � � � 28 ARTICLE 25. DURATION AND EFFECTIVE DATE �� ! ' �� 25.1 . The Employer and the Union 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 and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policies 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. 25.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through June 30, 1997, and thereafter until modified or�amended by mutual agreement of the parties. Either party desiring to amend, or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971, as amended. 25.3 This constitutes a tentative agreement between the parties which will be recommended by the school district negotiator, but is subject to the approval of the School Board, the Administration of the District, and is also subject to ratification by the Union. WITNESSES: � INDEPENDENT SCHOOL DISTRICT NO.625 DISTRICT LODGE NO.77, INTERNATIONAL AS.SOCIATION OF MACHINISTS AND AEROSPACE WORKE ,AFL-CIO ` Y � i Negotiati ns/Labor Relations M nager Business ent � � . Negotiations/Labor R tions Negotiator �_��_9� Assistant Manager %T!"//. d�i ��/� __ �'��-�� Date Date �-" . � Chair oard of Education - 31�9/q� Date � 29 � INTENTIONALLY BLANK � � � C�W ` '"1"I U APPENDIX A � la r n es for classifications in this unit are shown below: The wage rates and sa ry a g • EFFECTIVE EFFECTIVE July 1. 1995 July 1. 1996 Machinist $ 18.18 $ 18.54 Vehicle Mechanic 18.18 18.54 Vehicle Mechanic Leadworker 18.48 18.85 Vehicle Mechanic Trainee First 2,000 hours 60% of the Vehicle Mechanic base rate Third 1,000 hours 65% of the Vehicle Mechanic base rate Fourth 1,000 hours 70°/a of the Vehicle Mechanic base rate Fifth 1,000 hours 75% of the Vehicle Mechanic base rate Sixth 1,000 hours 80% of the Vehicle Mechanic base rate Seventh 1,000 hours 85% of the Vehicle Mechanic base rate � Eighth 1,000 hours 90% of the Vehicle Mechanic base rate. EFFECTIVE EFFECTIVE July 1. 1995 July 1. 1996 Probationary 6 Mo. Probationary 6 Mo. Rate H�3� R�I� Rate Audio Visual Equipment Repairer $15.68 $16.52 $15.99 $16.85 Food Service Equipment Repairer 12.38 13.10 12.63 13.36 . • A1