96-1448 t-Z x �
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Green Sheet# 35888
RESOLUTION
CIT F SAINT P UL, MINNESOTA �Q
Presented by
Referred To Committee Date
1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached
2 January 1, 1996 through June 30, 1998 Agreement between the Independent School District No. 625 and
3 Minnesota School Employees Association representing Classified Confidential Employees Association.
Yeas Na s Absent Requested by Deparhnent of:
Blakey ✓ Office of Labor Relations
Bostrom �
Guerin �'" �+�^4�400 �
Harris V BY' '
Megard �/
Rethnan � Form Ap oved b Cyt�Attorney
(.{
Thune
i/ By:
Adopted by Council: Date �� � , l��j (�o Approved ayar for S sion to Council
Adoption C rtified by Council Secretary By: l.�
By:
Approved by Mayor: Date
By: ��
DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 3SHgg q r �'y I„� r
LABOR RELATIONS November 13, 1996 ,�, �
CONTACT PERSON&PHONE: � INITIAL/DATE INITIAUDATE
NLIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �� 4 CITY COUNCIL
NUMBER 2 CITY ATTORNEY X CITY CLERK
MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MGT.SERVICE DIR.
ROUTING 3 MAYOR(OR ASST.)
ORDER
TOTAL fl OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE)
ncrioxeEQuESTEn: This resolution approves the attached January 1, 1996 through June 30, 1998 Agreement
between Independent School District No. 625 and Minnesota School Employees Association representing
Classified Confidential Employees Association.
RECOMMENDATTONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER TAE FOLLOWING
QUESTIONS:
_PLANNING COMMISSION _CIVIL SERVICE COMMISSION 1. Has this person/firtn 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 COLTNCIL OBJECTIVE? 3. Does this persoNfirm possess a skill not normally possessed by any current city employee?
Yes No
Explain all yes enswers on separsie sheet and attach to green sheet
INITIATING PROBLEM,ISSUE,OPPORTUNITY(Who,What,When,Where,W6y):
� RECEIV��
NOV 14 1996
ADVANTAGES IF APPROVED: !
This resolution pertains to Board of Education employees only. �l�� �� ���'���
� �Q�I'Ch �111'Q�
DISADVANTAGES IF APPROVED: RE�
�°"� NOV � a 1996
DISADVANTAGES IF NOT APPROVED: MAYOR�S OFFICE
TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED:
FUNDING SOURCE: ACTIVITY NUMBER:
FINANCIAL INFORMATION:(EXPLAIN)
NOTE: COMPLETE DIRECTIONS ARE 1NCLUDED 1N THE GREEN SI-iEET INSTRUCTIONAL MANUAL AVAILABLE IN THE
PURCHASING OFFICE(PHONE NO.266-8900).
ROUTING ORDER:
Below are correct routings for the five most frequent types of documents:
CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUT70N(Amend Budgets/Accept.Grants)
I. Ouuide Agency 1. Department D'uector
2. Department Director 2. Budget Ditector
3. City Attorney 3. City Attornty
4. Mayor(for contracts over 515,000) 4. Mayor/Assistant
S. Human Rights(for contracts over SS0,000) S. City Council
6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services
7. Finance Accounting
ADMINISTRATTVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all others,and Ordinances)
1. Activity Manager 1. Department Director
2. Department Accountant 2. City Attomey
3. Departmrnt Director 3. Mayor/Assistant
4. Budget Director 4. City Council
S. Ciry Clerk
6. Chief Accountant.Finance and Management Services
ADMINISTRA7'IVE ORDERS(all others)
� I. Department Direetor
2. Ciry Attorney ,
3. Finance and Management Services Director
4. Cit��Clerk
TOTAL NUMBER OF SIGNATURE PAGES
Indicate the#of pages on which signatures are required and paperclip or tlag each of t6ese pages.
AGTION REQUESTED
Describe what the project/request seeks to accomplish in either chronological order or order of importance,whichever is most appropriate for
the issue. Do not write complete sentences. Begin each item in your list with a verb.
RECOMMENDATIONS
Complete if the issue in question has been presented before any body,public or privata
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which council objective(s)your project/request supports by listing the key word(s)(HOUSING,RECREATION,
NEIGHBORHOODS,ECONOMIC DEVELOPMENT,BUDGET,SEWER SEPARATION). (SEE COMPLETE L1ST IN
INSTRUCTIONAL MANUAL.)
PERSONAL SERVICE CONTRACTS:
This information will be used to determine the city's liabitity for workers compensation claims,taxes and pmper civil service hiring rules.
INITIATING PROBLEM,ISSUE,OPPORTUNITY .
Explain the simation or conditions that created a need for your project or request.
ADVAN7'AGES IF APPROVED
Indicate whether this is simply an annual budget procedure required by law/charter or whether there are specific ways in which the City of
Saint Paul and its citizens will benefit from this pmject/action.
DISADVANTAGES IF APPROVED
What negative effects or major changes to existing or past processes might this project/request produce if it is passed(e.g.,Vaffic delays,noise,
tax increases or assessments)? To Whom? When? For how long?
DISADVANTAGES IF NOT APPROVED
What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high uaffic,noise,
accident rate? Loss of revenue?
FINANCIAL IMPACT
Although you must tailor the information you provide here to the issue you are addressing,in general you must answer two questions: How
much is it going to cost? Who is going to pay?
� � INDEPENDENT SCHOOL DISTRICT NO. 625
- BOARD OF EDUCATION
' SAINT PAUL PUBLIC SCHOOLS
� Q�.-lyy 8'
DATE: May 28, 1996
TOPIC: Approval of an empioyment agreement with Minnesota School Employees
Association, exclusive representative for the classified confidential
bargaining unit.
A. PERTINENT FACTS:
1. New Agreement is for the 30-month period January 1, 1996 through June 30, 1998.
2. Contract changes are as follows:
Language is updated throughout agreement to reflect the current titles and dates.
Retiree Health Insurance: The provisions regarding retiree health insurance are changed
consistent with the new overall long-term Transitional Plan developed with the teacher
bargaining unit.
Active Em�loyee Health Insurance: Employer paid premium contribution caps are increased
effective January 1, 1996, by $7.50 to $177.50 per month for employee coverage, or
increased by $20 to $310 per month for family coverage. Effective January 1, 1997, the
Employer paid premium contribution caps are increased by $10 per month for employee or
$20 for family coverage. Effective January 1, 1998, the Employer paid premium contribution
caps are further increased by$10 per month for employee or$10 for family coverage.
Funeral Leave: The language in 9.1.2 amended to include one day of funeral leave for aunt,
uncle, sister-in-law or brother-in-law.
Pro9ression on the Salarv Schedule and Insurance Eli�j�: Effective for employees hired
on or after July 1, 1996, they will no longer be eligible for a step increase after six months of
employment. The first step increase will normally be after one year (2,080 hours). In
conjunction with this change in step advancement, the health insurance eligibility waiting
period is reduced from six months to three months for employees hired on or after
July 1, 1996.
Wages: The language describing the existing procedures for advancement from step to step
on the salary schedule are modified to reflect deletion of the six-month step(Step B).
APPENDIX A: Salary Schedule - New rates are effective December 23, 1995;
January 4, 1997; and January 3, 1998.
• The salary rate increase is 2.5%for the first year of the contract,2.5%for the second year
of the contract, and 1%for the remaining six months.
�
: q�- lyy �'
Employment Agreement - Minnesota School Empioyees Association May 28, 1996
Page Two
3) The District has 30 employees in this bargaining unit.
4) This request is submitted by Richard Kreyer, Negotiations/Labor Relations Assistant
Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those classified confidential
employees in this school district for whom Minnesota School Employees Association is the
exclusive representative; duration of said Agreement is for the period of January 1, 1996 through
June 30, 1998.
°I �-14y�'
�
� 1996 - 199 8
�
AGREEMENT
BETWEEN
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
AND
� MINNESOTA SCHOOL EMPLOYEES ASSOCIATION
- Representing
Classified Conf'idential
Employees Association
January 1, 1996 through June 30, 1998
�
���� �
����
, LIFELOIVG LEARNING
PUBLIC SCHOOLS
�
� �
�����d
���� � .
PUBLIC SCHOOLS ��FELONG LEARNING �
SAINT PAUL PUBLIC SCHOOLS
Independent School District No. 625
Board of Education:
Mary Thornton Phiilips - Chair Tom Conlon - Director
Marc Manderscheid - Vice Chair Greg Filice - Director
Neal Thao - Clerk AI Oertwig - Director
Becky Montgomery - Treasurer
Administration:
Curman L. Gaines - Superintendent .
Julio Almanza - Assistant Superintendent,
Planning and Support Services �
Maureen A. Flanagan - Assistant Superintendent, „_
Administration and Government Relations
William A. Larson - Assistant Superintendent,
Fiscal Affairs and Operations
Cy R.Yusten - Assistant Superintendent,
Teaching and Leaming
�
u
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•
INDEX
A TI L TITLE PAGE
.
Preamble...................................................................................... v
1 . Recognition................................................................................... 1
2. Check Off...................................................................................... 2
3. Maintenance of Standards............................................................. 2
4. Management Rights...................................................................... 2
5. Hours of Work.............................................................................. 3
6. Work Breaks................................................................................ 4
7. Holidays........................................................................................ 5
8. Vacation........................................................................................ 6
9. Leaves of Absence......................................................................... 7
10. Wages........................................................................................... 1 0
1 1 . Working Out of Classification...................................................... 1 2
12. Mileage......................................................................................... 12
13. Severance Pay.............................................................................. 1 3
14. Insurance Benefits....................................................................... 1 5
� 15. Probation..................................................................................... 2 9
16. Seniority...................................................................................... 3 0
17. Discipline..................................................................................... 3 2
18. Employee Records........................................................................ 3 2
19. Grievance Procedure.................................................................... 3 3
20. Temporary Employees................................................................. 3 5
21 . Bulletin Boards............................................................................ 3 5
2 2. Vacanaes...................................................................................... 3 6
23. Non-Discrimination.................................................................... 3 6
24. No Strike, No Lockout.................................................................. 3 7
2 5. Legal Services.............................................................................. 3 7
26. Terms of Agreement..................................................................... 3 9
Appendix A: Titles and Salaries................................................... I-I I
.
iii
� �I\���
� PREAMBLE
This Agreement entered into by Independent School District No. 625, hereinafter
referred to as the Employer, and the Minnesota School Employees Association,
� hereinafter referred to as MSEA, representing the Saint Paul Public Schools Classified
Confidential Employees Association, hereinafter referred to as the Association, has as its
purpose the promotion of harmonious relations between the Employer and the MSEA, the
• establishment of an equitable and peaceful procedure for the resolution of differences,
and the establishment of rates of pay, hours of work, and other conditions of
employment.
r�
s
�
��_��� �
ARTICLE 1 . REOOGNfTION
� 1 .1 The Employer recognizes the MSEA as the sole and exclusive bargaining agent for
the purpose of establishing salaries, wages, hours, and other conditions of
employment for all of its employees as outlined in the certification by the State of
' Minnesota Bureau of Mediation Services, dated January 27, 1993, in Case
No. 93-PTR-1061, and set forth in Section 1.2 below.
' 1 .2 The bargaining unit covered by this Agreement shall consist of the following:
All classified confidential employees of Independent School District No. 625,
Saint Paul, Minnesota, who are employed by Independent School District
No. 625, Saint Paul, Minnesota, and who are public employees within the
meaning of Minnesota Statute § 179A.03, Subd. 14 in the classifications of:
Clerical and Technical Group�
Benefits Clerk Clerk-Stenographer I
Benefits Technician - BOE Clerk-Stenographer II
Clerk I Clerk-Stenographer III
Clerk II Clerical Supervisor
Clerk III Human Resource Clerk
Clerk IV Human Resource Information
Technician
Clerk-Typist I Personnel Technician - BOE
Clerk-Typist �1 Secretary
Clerk-Typist III Substitute Staffing Clerk
� Professional Groun
Personnel Specialist I
Personnel Specialist II
Any titles designated as Civil Service exempt are not covered by the provisions of
Civil Service Rules or any related rules covering employment in classified
service positions. The terms and conditions of employment for any titles
designated as Civil Service exempt are defined within this labor agreement,
notwithstanding Article 3: Maintenance of Standards, which does not apply to
titles so designated.
1 .3 Any present or future employee who is not an Association member shall be
required to contribute a fair share fee for services rendered by the MSEA and,
upon notification by the MSEA, the Employer shall check off said fee from the
earnings of the employee and transmit the same to the MSEA. 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 IegaL
1 .4 The MSEA agrees to indemnify and hold the Employer harmless against any and all
� claims, suits, orders or judgments brought or issued against the Employer as a
result of any action taken or not taken by the Employer under the provisions of
� this Article, Section 1.3.
1
ARTICLE 2. CHECKOFF
�
2.1 The Employer agrees to deduct the MSEA membership initiation fee assessments
and once each month dues from the pay of those employees who individually
request in writing that such deductions be made. The amounts to be deducted shall '
be certified to the Employer by a representative of the MSEA and the aggregate
deductions of all employees shall be remitted together with an itemized statement
to the representative by the fi�st of the succeeding month after such deductions '
are made or as soon thereafter as is possible.
2.2 The MSEA agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a
result of any action taken or not taken by the Employer under the provisions of
this Article.
ARTICLE 3. MAINTENANCE OF STANDARDS
3.1 The parties agree that all conditions of employment relating to wages, hours of
work, overtime differentials, vacations, and all other general working conditions
shall be maintained at not less than the highest minimum standard set forth in the
Civil Service Rules of the City of Saint Paul 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. MANAGEMENT RIGHTS
4.1 MSEA and the Association recognizes the right of the Employer to operate and
manage its affairs in all respects in accordance with applicable laws and
regulations of appropriate authorities. All rights and authority which the
Employer has not officially abridged, delegated or modified by this Agreement are
retained by the Employer.
4.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limited to, such areas of discretion
or policy as the functions and programs of the Employer, its overall budget,
utilization of technology, and organizational structure and selection and direction
and number of personnel. '
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2
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ARTICLE 5. HOURS OF WORK
�
5.1 The normal workday shall be seven and three-fourths (7-3/4) consecutive
hours per day, excluding a forty-five (45)-minute lunch period, fifteen (15)
' minutes of which shall be paid.
5.2 The normal workweek shall be five (5) consecutive normal workdays in any
' seven (7)-day period.
5.3 For employees on a shift basis, this shall be construed to mean an average of
thirty-eight and three-fourths (38-3/4) hours per week.
5.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal workweek.
5.5 Time on the payroll in excess of the normal hours set forth above in this Article
shall be "overtime work" and shall be done only by order of the head of the
department.
5.6 Employees in this bargaining unit working under a title listed under the heading
"Clerical and Technical Group" in Article 1.2 shall be recompensed for work
done in excess of the normal hours established above in this Article by being
granted compensatory time on a time and one-half basis or by being paid on a
time and one-half basis for such overtime work. The overtime rate of one and
one-half shall be computed on the basis of I/80th of the biweekly rate.
� 5.7 Employees working in a title listed under the heading "Professional Group" in
Article 1.2 who work more than seven and three-fourths (7-3/4) hours in any
twenty-four hour period or more than thirty-eight and three-fourths
(38-3/4) hours in any seven (7)-day period shall not receive pay for such
additional work except as in 5.8 below.
5.8 It is understood by the parties that Civil Service Rule, Section 28.H - Overtime
of Resolution No. 3250 shall not apply to employees in the bargaining unit
working under a title listed under the heading "Professional Group° in
Article 1.2. In unusual circumstances, a department head may grant these
employees who work more than seven and three-fourths (7-3/4) hours in any
twenty-four (24)-hour period or more than thirty-eight and three-fourths
(38-3/4) hours in any particular seven (7)-day period compensatory time or
pay on a straight-time basis for the extra hours worked.
�
3
ARTICLE 5. HOURS OF WORK (continued)
�
5.9 Normal work schedules showing the employee's shift, workdays, and hours shall
be posted on all department bulletin boards at all times. It is also understood that
deviation from posted work schedules shall be permissible due to emergencies, �
acts of God, and overtime may be required.
5.10 Call-in Pax: 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 hours' pay. These provisions, however,
shall not be effective when work is unable to proceed because of adverse weather
conditions; nor shall these provisions apply to temporary employees nor to
employees employed under any of the titles listed in Section 3.B of the Civil
Service Rules under the heading "Special Employment," nor to any person whose
regularly-scheduled workday is less than four hours.
ARTICLE 6. WORK BREAKS
6.1 �st Periods: All employees' work schedules shall provide for a fifteen-minute
rest period during each one-half shift. The rest period shall be scheduled by
management at approximately the middle of each one-half shift whenever it is �
feasible.
6.2 If an employee is scheduled to work a full half-shift beyond the regular quitting
time, the employee shall be entitled to the rest period that occurs during said
half-shift.
i
4
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ARTICLE 7. HOLIDAYS
�
7.1 Holidays recognized and observed: The following days shall be recognized and
. observed as paid holidays:
New Year's Day Labor Day
Martin Luther King Jr. Day Columbus Day
Presidents' Day Veterans' Day
Memorial Day Thanksgiving Day
Independence 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. For those employees assigned to a work
week other than Monday through Friday, the holiday shall be observed on the
calendar date of the holiday.
7.2 The floating holidays set forth in Subd. 7.1 above may be taken at any time during
the contract year, subject to approval of the department head of any employee.
7.3 Eligibility Requirements: In order to be eligible for a holiday with pay, an
employee's name must appear on the payroll on any six (6) working days of the
� nine (9) working days preceding the holiday, or an employee's name must appear
on the payroll the last working day before the holiday and on three (3) other
working days of the nine (9) working days preceding the holiday. In neither case
shall the holiday be counted as a working day for the purposes of this Section. It
is further understood that neither temporary nor other employees not heretofore
eligible shall receive holiday pay.
7.4 Notwithstanding Subd. 7.3, effective April 1, 1984, a temporary employee shall
be eligible for holiday pay only after such employee has been employed as a
temporary employee for sixty-seven (67) consecutive workdays. No temporary
employee shall be eligible for any floating holidays.
7.5 If Martin Luther King Jr. 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.
7.6 Notwithstanding Article 7.1 and 7.5 above, the Employer may at any time during
the life of this Agreement designate the day after Thanksgiving as a paid holiday.
In the event of such designation, either Martin Luther King Jr. Day, Presidents'
• Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list
as set forth in Article 7.1.
�
5
ARTICLE 8. VACATION
�
8.1 Each full-time regularly appointed employee working under a title covered by
this Agreement shall accumulate vacation credits at the rates shown below for
each full hour on the payroll, excluding overtime: �
Years of Service Hours of Vacation
1st year through 4th year .0385
5th year through 9th year .0577
10th year through 15th year .0654
16th year through 23rd year .0808
24th year and thereafter .1000
8.2 The head of the department may permit an employee to carryover into the next
"vacation year" up to one hundred twenty (120) hours of vacation.
8.2.1 An employee who has more than one hundred twenty (120) hours of
accrued vacation remaining at the end of the last full pay period in
October shall either:
(a) be required to use the hours of vacation in excess of one hundred
twenty (120) hours prior to the end of the fiscal year (IRS payroll
reporting year); or
(b) be compensated for hours in excess of one hundred twenty (120)
hours at end of year; or �
(c) be provided an exception for additional carryover of vacation by
means of approval of his/her department head.
Choice of option a, b, or c is at the discretion of the Employer.
8.2.2 For the purpose of this Article, the "vacation year" shall be the fiscal
year (IRS payroll reporting year).
8.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan
and Rates of Compensation, Section I, Subd. H.
�
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ARTICLE 9. LEAVES OF ABSENCE
�
9.1 Sick Leave: Sick leave shall accumulate at the rate of .0576 of a working hour
for each full hour on the payroll, excluding overtime. Sick leave accumulation is
� unlimited. To be eligible for sick leave, the employee must report to his/her
supervisor no later than one-half hour past his/her regular scheduled starting
time. The granting of sick leave shall be subject to the terms and provisions of
" this Agreement.
9.1.1 Snecified Allowable Uses of Sick Leave: Any employee who has
accumulated sick leave credits as provided above shall be granted leave
with pay, for such period of time as the head of the department deems
necessary, on account of sickness or injury of the employee, quarantine
established and declared by the Bureau of Health, death of the
employee's mother, father, spouse, child, brother, sister,
mother-in-law, father-in-law or other person who is a member of the
household; and may be granted leave with pay for such time as is
actually necessary for office visits to a doctor, dentist, optometrist,
etc., or in the case of sudden sickness or disability of a parent or a
member of his/her household, making arrangements for the care of
such sick or disabled persons up to a maximum of eight hours sick
leave.
9.1.2 Funeral Leave: Any employee who has accumutated sick leave credits, as
provided in the Civil Service Rules, shall be granted one (1) day of such
� leave to attend the funeral of the employee's grandparent, grandchild,
aunt, uncle, sister-in-law, brother-in-law, daughter-in-law or
son in law.
9.1 .3 Sick Child Care Leave: An employee who has worked for the District for
at least finrelve (12) consecutive months for an average of twenty (20)
or more hours per week prior to the leave request may use accumulated
personal sick leave credits for absences required to care for the
employee's ill child. Sick leave for sick child care shall be granted on
the same terms as the employee is able to use sick leave for the
employee's own illness. This leave shall only be granted pursuant to
Minnesota Statute § 191.9413 and shall remain available as provided
in Statute.
9.2 Court Duty Leave: Any employee who is required during his/her regular working
hours to appear in court as a juror or witness except as a witness in his/her own
behalf against the Employer, shall be paid regular pay while so engaged,
provided, however, that any fees that the employee may receive from the court
for such service shall be paid to the Employer and be deposited with the Employer
Business Office. Any employee who is 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.
•
7
ARTICLE 9. LEAVES OF ABSENCE (continued)
9.3 Military Leave With PaX: Any employee who shall be a member of the National �
Guard, the Naval Militia or any other component of the militia of the state, now
or hereafter organized or constituted under state or federal law, or who shall be a
member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval �
Reserve, the Marine Corps Reserve or any other reserve component of the
military or naval force of the United States, now or hereafter organized or
constituted under federal law, shall be entitled to leave of absence from -
employment without loss of pay, seniority status, efficiency rating, vacation,
sick leave or other benefits for all the time when such employee is engaged with
such organization or component in training or active service ordered or
authorized by proper authority pursuant to law, whether for state or federal
purposes, provided that such leave shall not exceed a total of fifteen (15) days in
any calendar year and further provided that such leave shall be allowed only in
case the required military or naval service is satisfactorily performed, which
shall be presumed unless the contrary is established. Such leave shall not be
allowed unless the employee 1) returns to his/her position immediately upon
being relieved from such military or naval service and not later than the
expiration of time herein limited for such leave; or 2) is prevented from so
returning by physical or mental disability or other cause not due to such
employee's own fault; or 3) is required by proper authority to continue in such
military or naval service beyond the time herein limited for such leave.
9.4 ��ucation Leave: Leave with pay may be granted for educational purposes at the
option of the Employer.
9.5 General Non-Com�ensatorv Leave of Absence: After three months' employment, �
an employee may make application for a leave of absence not to exceed one year. A
leave of absence shall be granted on the basis established in the Civil Service
Rules (Resolution No. 3250).
9.5.1 Said rules are supplemented and amended by the following provision:
All requests for unpaid leave are subject to District approval. Such
requests are to be submitted to the Human Resource Department on a
form provided by the Employer.
If an employee's request for thirty (30) days or more of non-medical
and non-parental leave is approved, the employee will be offered the
opportunity to return to employment in an equivalent position, if a
vacancy is available after the conclusion of the leave. If no equivalent
vacancy exists at that time, the District will continue to consider the
employee's return for two (2) years after the conclusion of leave. If no
equivalent vacancy has occurred and has been assigned by the end of two
(2) years from the conclusion of leave, the employee's name will be
dropped from consideration as though he/she had resigned, and the
employee will be considered resigned.
"Equivalent vacancy° means a position of the same job classification
held by the employee at the time of the leave, which remains in
existence, has been vacated by the resignation or termination of another •
employee, and which the District intends to fill in the same
classification. •
8
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ARTICLE 9. LEAVES OF ABSENCE (continued)
�
9.6 Parental Leave:
� 9.6.1 Parental leave is a leave without pay or benefits which shall be granted
upon request subject to the provisions of this Section. It may be granted
for reasons of adoption or pregnancy and/or the need to provide parental
� care for a child or children of the employee for an extended period of
time immediately following adoption or the conclusion of pregnancy;
such period of leave shall be no longer than one calendar year in length.
Leave up to six (6) calendar months shall be granted upon request.
Leave for more than six (6) calendar months is at the discretion of the
Employer.
9.6.2 In the case of pregnancy, an employee who wishes to use a period of
(paid) earned sick leave at the time of pregnancy and delivery-related
disability, may request unpaid parental leave for a period following the
use of earned sick leave; however, sick leave time shall not be granted
within (during the course of) a period of unpaid parental leave. The
employee requesting such sequential leave shall submit an application
in writing to the Director of Human Resources of Independent School
District No. 625 not later than twelve (12) weeks in advance of the
anticipated date of delivery. The employee will be required to submit,
at the time of use, appropriate medical verification for the sick leave
time claimed.
� 9.6.3 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.
9.6.4 When an employee is returning from parental leave extending over a
period of six (6) calendar months or less, the employee shall be placed,
at the beginning of the first pay period following the scheduled date of
return, in the same position held prior to the leave or, if necessary, in
an equivalent position.
9.6.5 When an employee has requested and been granted leave for a period
longer than six (6) calendar months, but no more than twelve (12)
calendar months, the employee will be placed in an equivalent position
after the scheduled date of return as soon as an equivalent vacancy
becomes available. For purposes of this provision, an equivalent
vacancy is a position in the same title which exists, has no incumbent,
which is to be filled, and for which no other person has rights.
9.7 Family Medical Leave: Effective February 1, 1994, leaves of absence shall be
• granted as required under the federal law.�known as the Family and Medical Leave
Act (FMLA) so long as it remains in force. The Human Resource Department
provides procedures which coordinate contractual provisions with FMLA.
�
9
ARTICLE 9. LEAVES OF ABSENCE (continued)
�
9.8 School Activities Leave Without Pay: An employee may request and be granted up
to sixteen (16) hours of unpaid leave per calendar year for school activities of
his/her own child, pursuant to Minnesota Statute § 181.9412 rules, so long as
the Statute so provides.
9.9 Military Leave Without PaX: Any employee who engages in active service in time �
of war or other emergency declared by proper authority of any of the military or
naval forces of the state or of the United States for which leave is not otherwise
allowed by law shall be entitled to leave of absence from employment without pay
during such service with right of reinstatement and subject to such conditions as
are imposed by law. Such leaves of absence as are granted under Article 9.3 shall
conform to Minnesota Statutes, Section 192, as amended from time to time and
shall confer no additional benefits other than those granted by said statute.
9.10 Union Official Leave: An employee elected or appointed to a full-time paid
position by the exclusive representative may be granted a leave of absence
without pay for not more than one year for the purpose of conducting the duties of
the exclusive representative.
ARTICLE 10. WAGES �
10.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached
hereto. Both parties agree that the inclusion of the classifications and salary
ranges in Appendix "A" does not preclude the employer from the following:
1 . Reorganizing;
2. Abolishing classifications;
3. Establishing new classifications;
4. Regrading classifications;
5. Reclassifying positions.
10.2 Both parties also agree that titles and grades in Appendix A refer to employees in
the positions at the date of signing of the Agreement. No employee in this
bargaining unit shall suffer any reduction in salary because of a regrading or
reclassification during the contract period in which such regrading or
reclassification takes place.
s
10
�l l�-\ � � �
ARTICLE 10. WAGES (continued):
�
10.3 Initial ste�placement when an employee is regularly appointed into a title
covered by this Agreement or moves from one title covered by this Agreement to
an appointment in a different title under this Agreement, shall be governed by
Civil Service Rules.
10.4 Salary Step Progression:
10.4.1 Progression through the steps of a salary range in this contract will be
based on the following conditions:
10.4.2 Employees must have received an overall rating of "Satisfactory" on
their most recent performance evaluation to receive any salary step
advancement
� 10.4.3 Movement from step to step will not occur until the next full pay period
following the anniversary date of the employee's provisional or regular
appointment, so long as the employee has remained continuously
employed and has completed the minimum number of hours described
below.
10.4.4 Step A shall be the normal entry rate for the positions in this
bargaining unit, except as otherwise provided in existing rules.
� Effective January 1, 1996 through June 30, 1996, employees shall
remain at the Step A pay rate until the completion of 1,040 hours on
the payroll in the title then move to Step B. Employees who are placed
on Step B prior to January 4, 1997, may remain at that step until they
complete an additional 1,040 hours and then will receive one (1)
additional step, to the Step C pay rate.
10.4.5 For each additional 2,080 hours on the payroll, the employee may
advance beyond Step A by one (1) additional step following his/her
anniversary date, up to and including Step G.
10.4.6 For the purpose of progression to the Step H and Step I rates, the term
"year of full-time service" shall be defined as the completion of a
minimum of 2,080 hours on the payroll for the equivalent of one (1)
year of service.
10.4.7 When an employee completes ten (10) years of full-time service in the
District, that employee may be granted an increase of one (1) additional
salary step, not to exceed Step H (i.e., 2,080 hours x ten (10)
years = 20,800 minimum hours required).
, 10.4.8 When an employee completes fifteen (15) years of full-time service in
the District, that employee may be granted an increase of one (1)
additional salary step, not to exceed Step I (i.e., 2,080 hours x fifteen
. (15) years = 31,200 minimum hours required).
�
11
ARTICLE 1 1 . WORKING OUT OF CLASSIFICATION
�
11.1 Employer shall avoid, whenever possible, working an employee on an
out-of-class assignment for a prolonged period of time. Any employee working
an out-of-class assignment for a period in excess of fifteen (15) consecutive �
working days shall receive the rate of pay for the out-of-class assignment in a
higher classification not later than the sixteenth (16th) day of such assignment.
For purposes of this Article, an out-of-class assignment is defined as an '
assignment of an employee to perform, on a full-time basis, all of the significant
duties and responsibilities of a position different from the employee's regular
position, and which is in a classification higher than the classification held by
such employee. The rate of pay for an approved out-of-class assignment shall be
the same rate the employee would receive if such employee received a regular
appointment to the higher classification.
11 .2 For the following classifications, the provisions of 11.1 shall not apply to
performance of the duties of the next higher classification in the job series:
Clerk I
Clerk-Stenographer I
Clerk-Typist I
ARTICLE 12. MILEAGE �
12.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN "A", effective with the adoption of this Agreement, is reimbursed at the
current Board approved rate or 28� per mile, whichever is greater. In addition,
a maximum amount which can be paid per month is established by an estimate
furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
�
12
` �� ����
ARTICLE 13. SEVERANCE PAY
�
13.1 The Employer shall provide a severance pay program as set forth in this Article.
' 13.2 To be eligible for the severance pay program, an employee must meet the
following requirements:
' 13.2.1 The employee must be fifty-five (55) years of age or older or must be
eligible for pension under the "Rule of 85" or the "Rule of 90"
provisions of the Public Employees Retirement Association (PERA).
The "Rule of 85" or the "Rule of 90" criteria shall also apply to
employees covered by a public pension plan other than PERA.
13.2.2 The employee must be voluntarily separated from School District
employment or have been subject to separation by layoff or compulsory
retirement. Those employees who are discharged for cause, misconduct,
inefficiency, incompetency or any other disciplinary reason are not
eligible for this severance pay program.
13.2.3 The employee must have at least ten (10) years of consecutive service
under the classified or unclassified Civil Service at the time of
separation. For the purpose of this Article, employment in either the
City of Saint Paul or in Independent School District No. 625 may be used
in meeting this ten (10)-year service requirement.
13.2.4 The employee must file a waiver of 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
reemployment (of any type) with the City of Saint Paul or with
Independent School District No. 625.
13.2.5 The employee must have accumulated a minimum of sixty (60) days of
sick leave credits at the time of his/he� separation from service.
13.3 If an employee requests severance pay and if the employee meets the eligibility
requirements set forth above, he or she will be granted severance pay in an
amount equal to one-half of the daily rate of pay for the position held by the
employee on the date of separation for each day of accrued sick leave subject to a
maximum of two hundred (200) accrued sick leave days.
13.4 The maximum amount of money that any employee may obtain through this
severance pay program is $7,500.
13.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment; and, if the employee would have met all
of the requirements set forth above at the time of his or her death, payment of the
severance pay will be made to the employee's estate or spouse.
i
13
ARTICLE 13. SEVERANCE PAY (continued)
�
13.6 For the purpose of this severance pay program, a transfer from Independent
School District No. 625 employment to City of Saint Paul employment is not
considered a separation of employment, and such transferee shall not be �
eligible for this severance program.
13.7 The manner of payment of such severance pay shall be made in accordance with '
the provisions of the School District Severance Pay Plan already in existence.
13.8 This severance pay program shall be subject to and governed by the provisions
of the original School District Severance Pay Plan (which allows $4,000
maximum payment) except in those cases where the specific provisions of this
Article conflict with said Severance Pay Plan and in such cases, the provisions
of this Article shall control.
13.9 The provisions of this Article shall be effective as of January 1, 1984.
13.10 Any employee hired prior to December 31, 1983, may, in any event, and upon
meeting the qualifications of this Article or the original School District basic
Severance Pay Plan (which allows $4,000 maximum payment), draw
severance pay. However, an election by the employee to draw severance pay
under either this Article or the basic School District Severance Pay Plan shall
constitute a bar to receiving severance pay from the other. Any employee hired
after December 31, 1983, shall be entitled only to the benefits of this Article
. upon meeting the qualifications herein. �
13.1 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.
13.12 Original Severance Pay Plan: Employees shall be eligibte for severance pay in
accordance with the School DistricYs Severance Pay Plan. The amount of
severance pay allowed shall be that amount permitted by state statutes subject
to the provision that the maximum amount allowed shall be $4,000.
�
14
�t�-���tg
ARTICLE 14. INSURANCE BENEFITS
. -
SECTION 1 . ACTIVE EMPLOYEE HEALTH INSURANCE
' 1 .1 The Employer will continue for the period of this Agreement to provide for active
employees such health and life insurance benefits as are provided by Employer at
the time of execution of this Agreement.
1 .2 Eligibility Waiting Period: Effective January 1. 1996, six (6) full months of
continuous regularly appointed service in Independent School District No. 625
will be required before an eligible employee can receive the District
contribution to premium cost for health and life insurance provided herein.
1 .2.1 Effective January 1. 1997, three (3) full months of continuous
regularly appointed service in Independent School District No. 625 will
be required before an eligible employee can receive the District
contribution to premium cost for health and life insurance provided
herein. The availability of this benefit after three (3) months service
is designed to replace movement to wage schedule Step B at six (6)
months service. Step B will not be available to employees hired into
this unit after July 1, 1996. An eligible employee appointed to an
Independent School District No. 625 position between July 1, 1996 and
October 1, 1996, will be provided the stated premium contribution
after three (3) full months of service, but will directly move to Step C
of the wage schedule after one (1) year of full-time service as
described in Article 10, Wages.
� 1 .3 Full-Time Status: For the purpose of this Article, full-time employment is
defined as appearing on the payroll at least thirty-two (32) hours per week or
at least siuty-four (64) hours per pay period, excluding overtime hours.
1 .4 Half-Time Status: For the purpose of this Article, half-time employment is
defined as appearing on the payroll at least twenty (20) hours but less than
thirty-two (32) hours per week or at least forty (40) hours but less than
sixty-four (64) hours per pay period, excluding overtime hours.
1 .5 Em I�oyer Contribution Amount--Full-Time Em I�oyees: Effective
January 1, 1996, for each eligible employee covered by this Agreement who is
employed full time and who selects employee insurance coverage, the Employer
agrees to contribute the cost of such coverage or $177.50 per month, whichever
is less. For each eligible full-time employee who selects family coverage, the
Employer will contribute the cost of such family coverage or $310 per month,
whichever is less.
1.5.1 Effective January 1, 1997, for each eligible employee covered by this
Agreement who is employed full time and who selects employee
. insurance coverage, the Employer agrees to contribute the cost of such
coverage or $187.50 per month, whichever is less. For each eligible
full-time employee who selects family coverage, the Employer will
. contribute the cost of such family coverage or $330 per month,
whichever is less.
•
15 .
ARTICLE 14. INSURANCE, Section 1. (continued):
1 Effe tiv anu 1 �
.5.2 c e J ary , 1998, for each eligible employee covered by this
Agreement who is employed full time and who selects employee
insurance coverage, the Employer agrees to contribute the cost of such '
coverage or $197.50 per month, whichever is less. For each eligible
full-time employee who selects family coverage, the Employer will
contribute the cost of such family coverage or $340 per month, '
whichever is less.
1 .6 EmRloyer Contribution Amount--Half-Time Em I�oyees: For each eligible
employee covered by this Agreement who is employed half time, the Employer
agrees to contribute fifty percent (50%) of the amount contributed for full-time
employees selecting employee coverage; or for each half-time employee who
selects family insurance coverage, the Employer will contribute fifty percent
(50%) of the amount contributed for full-time employees selecting family
coverage in the same insurance plan.
1.6.1 Notwithstanding Section 1.6 above, employees covered by this
Agreement and employed half time prior to January 1, 1986, shall
receive the same insurance contributions as a full-time employee. This
Section 1.6.1 applies only to employees who were employed half-time
during the month of December 1985 and shall continue to apply only as
long as such employee remains continuously employed half time.
1 .7 Life Insurance: For each eligible employee, the Employer agrees to contribute
to the cost of $25,000 life insurance coverage. The total premium contribution
by the Employer for all life insurance coverage shall not exceed $6.32 per
month. This amount shall drop to $5,000 of coverage (in the event of early
retirement) until the retiree reaches age sixty-five (65); then all Employer
coverage shall terminate.
1 .8 Flexible S ending Account: It is the intent of the Employer to maintain during
the term of this Agreement a plan for medical and child care expense accounts to
be available to employees in this bargaining unit who are eligible for Employer-
paid premium contribution for health insurance for such expenses, within the
established legal regulations and IRS requirements for such accounts.
1 .9 The contributions indicated in this Article 14 shall be paid to the Employer's
group health and welfare plan.
1 .10 Any cost of any premium for any Employer-offered empinyee or family
insurance coverage in excess of the dollar amounts stated in this Article 14 shall
be paid by the employee through payroll deduction.
•
16
`��` "���
ARTICLE 14. INSURANCE (continued):
rSEC110N 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT
Subd. 1 Required Conditions for Retirees (Age 65 and Over),
' Effective January 1, 1996 through June 30, 1997
1 .1 Eligible and participating employees who retire on or after January 1, 1996,
� must meet the following conditions at the time of retirement to qualify for any
continuing District contributions toward premium payment for health insurance
at age 65 or over:
1.1 .1 Effective January 1. 1996: Required conditions for employee appointed
to service in Independent School District No. 625 in a position within
this bargaining unit prior to February 1, 1996:
Eligible employees who were appointed to positions within this
bargaining unit prior to February 1, 1996, and who retire on or after
February 1, 1996, must meet the following conditions at the time of
retirement to qualify for any District contributions of premium
payment for health insurance or life insurance:
1.1.1.1 Be receiving pension benefits from the PERA, the Saint Paul
Teachers' Retirement Fund or other public employee retiree
program at the time of retirement and have severed the
employment relationship with Independent School District
No. 625.
� 1.1.1.2 Employees retiring after January 1, 1996, must have
completed the following service eligibility requirements prior
to retirement in order to be eligible for any payment of any
insurance premium contribution by the District after
retirement.
A. Employees hired before June 8, 1988, must have
completed at least eight (8) years of continuous
employment with the District. For such employees or
early retirees who have not completed at least eight (8)
years of service with the District at the time of their
retirement, the Employer will discontinue providing any
health insurance contributions upon their retirement or,
in the case of early retirees, upon their reaching age 65.
B. Employees hired on or after June S, 1988 but before
January 1, 1990, must have completed at least ten (10)
years of continuous employment with the District. For
such employees or early retirees who have not completed
at least ten (10) years of service with the District at the
time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their
retirement or, in the case of early retirees, upon their
� reaching age 65.
�
17
ARTICLE 14. INSURANCE, Section 2. (continued):
C. Employees hired on or after January 1, 1990, must have �
completed twenty (20) years of continuous employment
with the District. For such employees or early retirees
who have not completed at least twenty (20) years of •
service with the District at the time of their retirement,
the Employer will discontinue providing any health
insurance contributions upon their retirement or, in the �
case of early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul
earned prior to February 1, 1996, will continue to be counted
toward meeting the DistricYs service requirement of this
Subd. 1.1.1.2. Time worked with City of Saint Paul after
February 1, 1996, will be considered a break in District
employment.
1.1.1.3 A retiree may not carry his/her spouse as a dependent if such
spouse is also an Independent School District No. 625 retiree
or Independent School District No. 625 employee and eligible
for and is enrolled in the Independent School District No. 625
health insurance program, or in any other Employer-paid
health insurance program.
1.1.1.4 Additional dependents beyond those designated to the District at
the time of retirement may not be added at the District expense
after retirement.
1.1.1.5 The employee must make application through District �
procedures prior to the date of retirement in order to be
eligible for any benefits provided in this Section.
1 .1 .2 For employees appointed into service in Independent School
District No. 625 to positions within this bargalning unit after
February 1, 1996, and who retire prior to July 1, 1997, there is
no access to premium contrlbutions for Retiree Health Insurance
at age 65 and over. Time worked in the City of Saint Paul prior to
February 1, 1996, wili ng� be treated as Independent School
District No. 625 time, for such employees.
1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels
Effective January 1, 1996 through June 30, 1997 only
For eligible employees who were hired and appointed into Independent School
District No. 625 service prior to February 1, 1996, and who retire at age
sixty-five (65) or later and who meet the health insurance eligibility
requirements in Subd. 1.1 or for early retirees who qualified under the
conditions of Subd. 2.1 and who are eligible under the terms of the Medicare
supplement policy provided in this Subd. 1.2, upon reaching age sixty-five (65)
after retirement, the District will provide payment of premium contributions
for a Medicare Supplement health coverage policy selected by the District. This .
provision is effective o n i v for employees hired into service j�
Independent School District No. 625 before Februa�y 1, 1996, who retire
by June 30, 1997, and who have not requested participation in any
component of the Transitional Plan in A�ticle 14, Section 2, Subd. 3.1 of �
this Agreement following hereafter. This provision expires and is null •
and void after June 30, 1997.
18
���`���
ARTICLE 14. INSURANCE, Section 2. (continued):
� Subd. 2 Early Retiree Provisions,
Effective January 1, 1996 through June 30, 1997
' 2.1 This provision will be available to eligible employees hired ef r
February 1 , 1996 and eligible employees hired on or after
February 1, 1996, who retire before June 30, 1997, and meet the required
� conditions below.
The employee must meet the following conditions at the time of early retirement
in order to be eligible for any payment of any insurance premium contribution
by the Employer after his/her retirement (early retirement and subsequently
after age 65):
2.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers'
Retirement Fund or other public employee retiree program at the time
of retirement and have severed the employment relationship with
Independent School District No. 625.
2.1 .2 imRloyees hired into District service before February 1 1996,
and retiring after January 1, 1996, must have completed the following
service eligibility requirements with Independent School District No.
625 prior to retirement in order to be eligible for any payment of any
insurance premium contribution by the District after retirement:
� A. Must be at least fifty-five (55) years of age and have completed
twenty-five (25) years of service; o r
B. The combination of their age and their years of service must equal
eighty-five (85) or more; o r
C. Must have completed at least thirty (30) years of service; or
D. Must have completed at least twenty (20) consecutive years of
service within Independent School District No. 625 immediately
preceding retirement.
Years of regular service with the City of Saint Paul will
continue to be counted toward meeting the service
requirement of this Subd. 2.1.2 A, B or C, but not for
Subd. 2.1.2 D.
2.1 .3 Em�loyees hired into District service after February 1. 1996, and
retiring after January 1, 1996 must have completed twenty (20)
years of service with Independent School District No. 625. Time with
the City of Saint Paul will not be counted toward this twenty
(20)-year service requirement.
2.1 .4 A retiree may not carry his/her spouse as a dependent if such spouse is
also an Independent School District No. 625 retiree or Independent
� School District No. 625 employee and eligible for and is enrolled in the
� Independent School District No. 625 health insurance program, or in
any other Employer-paid health insurance program.
19
ARTICLE 14. INSURANCE, Section 2. (continued):
2.1.5 Additional de endents be ond those desi nated to the District at the time �
P Y 9
of retirement may not be added at the District expense after retirement.
2.1 .6 The employee must make application through District procedures prior
to the date of retirement in order to be eligible for any benefits
provided in this Section. -
2.2 Early Retiree Health Insurance: Employer Contribution Levels
The District will for the period of this Agreement provide for employees who
meet the eligibility requirements for health insurance in 2.1 above, who retire
during the term of this Agreement, and until such employees reach sixty-five
(65) years of age, such health insurance premium contributions up to the same
dollar amount as were made by the District for health insurance for single or
family coverage by that carrier for an employee under this Agreement, in
his/her last month of active employment. In the event new carriers replace
those in place at execution of this Agreement, the dollar amounts being paid for
single or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any employee who is receiving
family coverage premium contribution at date of retirement may not later claim
an increase in the amount of the Employer obligation for single coverage
premium contributions to a carrier after deleting family coverage.
2.3 Early Retiree Life Insurance: Employer Contribution Levels
The District will provide for early retirees who qualify under the conditions of �
2.1 above, premium contributions for eligible retirees for $5,000 of life
insurance only until their 65th birthday. No life insurance will be provided, or
premium contributions paid, for any retiree age sixty-five (65) or over.
�
20
��-\��-1 �
ARTICLE 14. INSURANCE, Section 2. (continued):
�
Subd. 3. Retirement Benefits Transitional Plan
� Background Information:
In the negotiation of this Labor Agreement for the 1996-1998 term, it was the intent of
� the parties to develop a long-range plan for retirement benefits which could be available
to employees and managed by the District on a currently funded benefit basis, and at the
same time to gradually phase out the unfunded future financial liability being generated
by the open-ended provision of retirement health insurance premium contribution
identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits
Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan
for accomplishing that goal by providing current active employees with the choice of one
of three alternative benefits available during or at the conclusion of their careers in this
District, which if prudently used, can effectively serve the purpose of assisting the
employee in financial planning and preparation for his/her retirement. In addition, the
plan design provides for future employees; i.e., those hired on or after
February 1, 1996, the opportunity (after completing three [3] full years of
consecutive active service) to participate in a deferred compensation savings plan with
specified Employer matching funds, which if prudently and consistently used, can
effectively assist the employee in financial planning for retirement.
3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age
sixty-five [65]).
� Employees hired before February 1, 1996, and employees hired on or after
February 1, 1996, who fulfill the specified following conditions listed below
will be eligible for District contribution to payment of premiums for health
insurance coverage during early retirement (i.e., until the retiree reaches age
sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this
Section.
3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers'
Retirement Fund or other public employee retiree program at the time
of retirement and have severed the employment relationship with
Independent School District No. 625.
3.1 .2 Employees hired before February 1, 1996, must have completed
continuous employment requirements in Subd. 2.1.2. Em I�oyees hired
and a��ointed into Inde�endent School District No. 625 service on or
after Februarv 1. 1996. must have com�leted twenty (20) years of
continuous em I�oyment with Inde�endent School District No. 625 prior
to retirement in order to be eligible for any payment of any insurance
premium contribution by the District after retirement. Time worked
in City of Saint Paul will be counted only for Earlv Retiree
• premium contribution by the District for employees hired into
Independent School District No. 625 service after
February 1, 1996. Insurance premium contribution for such
, employees shall cease when the employee reaches age
sixty-five (65).
•
21
ARTICLE 14. INSURANCE, Section 2. (continued):
�
3.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is
also an Independent School District No. 625 retiree or Independent
School District No. 625 employee and eligible for and is enrolled in the �
Independent School District No. 625 health insurance program, or in
any other Employer-paid health insurance program.
3.1 .4 Additional dependents beyond those designated to the District at the time
of retirement may not be added at the District expense after retirement.
3.1 .5 The employee must make application through District procedures prior
to the date of retirement in order to be eligible for any benefits
provided in this Section.
3.2 Deferred Compensation Plan for Employees Hired Into Independent School
District No. 625 Service on or after February 1, 1996:
3.2.1 New employees hired on or after February 1, 1996, will after
completing three (3) full years of consecutive active service in
Independent School District No. 625 to attain eligibility, be eligible to
receive up to $500 per year of matching contributions to the Minnesota
Defer�ed Compensation Plan, so long as the employee remains in
continuous active service, up to a cumulative lifetime maximum of
$12,500 total in matching contributions by the District. Part-time
employees working half-time or more will be eligible for up to one half
(50%) of the available District match. Approved non-compensatory �
leave shall not be counted in reaching the three (3) full years of
consecutive active service, and shall not be considered a break in
service. Time worked in the City of Saint Paul will not be counted
toward this three (3)-year requirement.
Federal and state rules governing participation in the Minnesota
Deferred Compensation Plan shall apply. The employee, not the
District, is solely responsible for determining his/her total maximum
allowable annual contribution amount under IRS regulations.
The employee must initiate an application to participate through the
DistricYs specified procedures.
3.2.2 No employee hired on or after February 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
February 1, 1996, shall be eligible only for earlv retirement health
insurance premium contribution as provided in Subd. 3.1.
•
22
��-�`� �-�g
ARTICLE 14. INSURANCE, Section 2. (continued):
� 3.3 Employees Hired into Independent School District No. 625 service before
February 1 , 1996.
A choice among three (3) possible options is available only to employees hired
and appointed into Independent School District No. 625 service before
February 1, 1996. Once the employee makes a choice of one of these options,
that choice is irrevocable, and the other options are no longer accessible to the
employee at any time, for any reason. The options are listed here, and detailed in
the following subparagraphs:
• Option 1 - Transitional Retiree Age 65 and Over Insurance Option
• Option 2 - Minnesota Deferred Compensation Plan Option
• Option 3 - Transitional Severance Allowance Option
3.3.1 Required Conditions for ALL Retirees effective January 1 1996.
Eligible employees who retire on or after January 1, 1996, must meet
the conditions and eligibility requirements specified below in this
Section 3.3.1 to be eligible for any of the options listed in 3.3 and in
the following Subparagraphs.
3.3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul
Teachers' Retirement Fund or other public employee retiree
program at the time of retirement and have severed the
� employment relationship with Independent School District
No. 625.
3.3.1.2 Employees hired before February 1, 1996, must have
completed continuous employment requirements in
Subds. 1.1.1.2 through 1.1.1.5.
Years of certified civil service time with the City of Saint Paul
earned prior to February 1, 1996, will continue to be
counted toward meeting the DistricYs service requirement in
this Subd. 3.3.1.2. Time worked with the City of Saint
Paul after February 1, 1996, will be considered a break
in Distrtct employment.
3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such
spouse is also an Independent School District No. 625 retiree
or Independent School District No. 625 employee and eligible
for and is enrolled in the Independent School District No. 625
health insurance program, or in any other Employer-paid
health insurance program.
3.3.1 .4 Additional dependents beyond those designated to the District at
• the time of retirement may not be added at the District expense
after retirement.
, 3.3.1.5 The employee must make application through District
procedures prior to the date of retirement in order to be
� eligible for any benefits provided in this Section.
23
ARTICLE 14. INSURANCE, Section 2. (continued):
�
3.3.2 Ontion 1 - Transitional Retiree Age 65 and Over Insurance Option
Conditions: �
• An employee who has earlier elected to participate in Option 2 -
Minnesota Deferred Compensation Plan Option (3.3.3 below) is �
not eligible for this provision, and cannot change his/her original
decision.1
• An employee who elects at retirement to participate in Option 3 -
Transitional Severance Allowance Option (3.3.4 below) is not
eligible for this provision.
• An employee who elects participation in this provision at
retirement must irrevocably waive participation in the Option 3
- Transitional Severance Allowance Option, but is not required to
waive eligibility for Severance Pay provided in the Article 13,
Severance Pay of this Agreement.
• The employee must initiate application to participate through
specified District procedures. �
3.3.2.1 Effective July 1, 1997, for employees hired before
February 1, 1996, who retire at age sixty-five (65) or
later and who are eligible under Subd. 3.3.1 of this Article and �
the terms of the policy provided in this Subd. 3.3.2, or for
early retirees who qualified under the conditions of Subd. 3.1
above and who are eligible under the terms of the policy
provided in this Subd. 3.3.2 upon reaching age sixty-five
(65) after retirement, the District will provide contributions
toward premium payment as specified herein, for a Medicare
Supplement health coverage policy selected by the District.
Effective June 30, 1997, premium contributions by the
District toward retiree health insurance coverage at and after
age sixty-five (65) will not exceed:
Coverage T ,y�e Sinale Familv
Medicare Eligible $300 per month $400 per month
Non-Medicare Eligible $400 per month $400 per month
At no time shall any payment in any amount be made directly to
the retiree.
Any premium cost in excess of the maximum contributions -
specified must be paid directly and in futl 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.
24
��-\ �t �k �
ARTICLE 14. INSURANCE, Section 2. (continued):
.
3.3.3 Option 2 - Minnesota Deferred Compensation Plan Option
� Effective July 1, 1997, employees hired before February 1, 1996,
who have completed at least three (3) full years of continuous active
service within Independent School District No. 625 can become eligible
� to participate in Minnesota Deferred Compensation Plan and receive
matching contribution by the District up to a maximum of $500
annually, for a maximum lifetime total of $12,500 in matching
contributions (as provided in 3.2 of this Subdivision). Time worked in
City of Saint Paul prior to February 1, 1996, will be counted toward
meeting this three (3)-year service requirement.
�onditions:
• The employee must irrevocably waive Option 1 - Transitional
Retiree age 65 and over Insurance Option as provided in 3.3.2
above of this Subdivision.
� • The employee must irrevocably waive Option 3 - Transitional
Severance Allowance prior as provided under 3.3.4 (below) of
this Subdivision.
• The employee is not required to waive eligibility for Severance
Pay provided in the Article 13, Severance Pay of this Agreement.
� • The employee must initiate an application to participate throu h
9
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.
�
25
ARTICLE 14. INSURANCE, Section 2. (continued):
3.3.4 i ii n v n II w n i n: •
Effective July 1, 1996 through June 30, 2017
3.3.4.1 �onditions for participation in this specified Transitional
Severance Allowance Option:
• The employee must irrevocably waive Option 1 -
Transitional Retiree Age 65 and over Insurance Option as
provided in 3.3.2 (above) of this Subdivision.
• An employee who has earlier elected to participate in
Option 2 - Minnesota Deferred Compensation Plan Option
(3.3.3 above) is not eligible for this provision, and cannot
change his/her original decision.�
� • The employee must have completed at least twenty (20)
full years of continuous active service in Independent
School District No. 625 (not including periods of non-
compensatory leave). Time worked in the City of
Saint Paul prior to February 1, 1996, will be counted
toward meeting this eligibility requirement.
• The employee must be voluntarily separated from District
employment. Those employees who are discharged for
cause, misconduct, inefficiency, incompetency or any other �
disciplinary reason are not eligible for this Transitional
Severance Pay Option.
• The employee must file a waiver of reemployment with the
Director of Human Resources, which will clearly indicate
that by requesting severance pay, the employee waives all
claims to reinstatement or reemployment (of any type)
with Independent School District No. 625.
• The employee must be at least age fifty-five (55),
retiring from Independent School District No. 625 service,
and eligible for pension under Minnesota PERA or
Saint Paul Teachers' Retirement Fund.
• The employee must have a minimum of sixty (60) days
accumulated unused sick leave on his/her record at the date
of retirement in order to qualify for the full Transitional
Severance Allowance. Any employee who does not meet this
condition will forfeit $7,500 of the Transitional
Severance Allowance specified for that year of his/her
retirement. '
� An employee is not excluded from this option by virtue of his/her participation in the Minnesota �
Deferred Compensation Plan as an individual investor with no employer-paid matching funds.
26
��-� `� � g
ARTICLE 14. INSURANCE, Section 2. (continued):
� • The employee must elect to waive all severance pay
described in Article 13, Severance Pay of this Agreement
(for up to $7,500) in favor of this option.
• The employee must provide to the District the required
waivers and signed resignation by April 1 of the school
' year in which he/she intends to retire. Appeal of this
deadline, based on emergency or extraordinary
circumstances, will be considered by the District.
• The employee must initiate application to participate
through specified District procedures.
3.3.4.2 When application has been made, and all of the above conditions
have been met, the employee will be deemed eligible for
severance pay allowance equal to the lesser of one year's
salary at his/her current salary or a maximum amount as
prescribed herein:
For Retirements in Maximum Transitional
School/Fiscal Year Severance Pay Allowance
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
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.
Such amount will normally be paid out according to District
established procedures, in equal installments over
five (5) years from the date of retirement; exception will be
made in the event of the death of the employee; special or
emergency appeal for earlier payment will be considered by
the District.
' 3.3.4.3 There is no access to the benefits of this Option 3 -
Transitional Severance Pay Allowance for the spouse or estate
of an active employee who dies having not yet actually retired.
' A surviving spouse however mav be eligible for severance pay
� as provided in the Article 13, Severance Pay section of this
Agreement.
27
ARTICLE 14. INSURANCE, Section 2. (continued):
�
3.3.4.4 At no time, and under no circumstances shall this Option
3 - Transitional Severance Allowance Option be available
to any person hired by the District into Independent �
School District No. 625 service on or after
February 1, 1996.
This Option 3 - Transitional Severance Allowance Option
expires on June 30, 2017, and will be thereafter null and
void.
3.3.5 Choice of O ti�:
It will be apparent to current employees that if Option 2 -
Minnesota Deferred Compensation Plan Option in Subd. 3.3.2
is to be elected by the employee, that choice should be made at
the earliest possible date, in order to allow for the greatest
possible growth in the account. If, however, the current
employee prefers to keep open the possible selection of Option
1 - Transitional Retiree Age 65 and Over Insurance Option
(Subd. 3.3.2) O R Option 3 - Transitional Severance
Allowance Option (Subd. 3.3.4), that decision can be made
shortly before actual retirement. Once made, the decision is
irrevocable. District Benefits Office will provide information
upon request.
3.3.5.1 If state and federal law permits, and the option �
remains available from carriers, the District will
allow eligible retirees at age 65 who were hired in
Independent School District No. 625 service before
February 1, 1996, and who have completed the
requirements in Subd. 3.3.1, to continue on a
self-paid basis, to participate in the retiree group
plan for Medicare supplement then made available by
the District. The retiree must make application
pursuant to District procedures, and must have or
obtain Medicare Part B coverage at his/her own
expense. No monetary contribution to premium cost
or medical costs of any kind will be made by the
District. The retiree will be responsible for the
timely payment of premiums, and failure to do so
will result in discontinuance of the coverage and the
option to participate.
�
28
cl�-� �1 ��
ARTICLE 15. PROBATION (Effective first of the month following final approval)
�
15.1 General Principles: This Article is effective for appointments made on or after
June 1, 1994. For the purpose of this Article six (6) months shall mean six
(6) full-time equivalent months (1,040 hours on the payroll). The calculation
for time on probation will exclude any unpaid breaks not worked by the
employee. Extended absences of any kind (paid or unpaid) lasting one week or
' more in duration may be excluded when calculating time toward the completion of
any probationary period.
15.1 .1 If a District employee who is covered by this Agreement transfers to a
position in the City of Saint Paul, that employee will have the right to
return to his/her former position or to a position to which the
employee may have been transferred or assigned prior to the new
assignment, during or immediately at the conclusion of that
probationary period, if the employee fails probation in the City
position.
15.2 Oriainal Employment Probation: A new employee shall serve a six (6) month
probationary period, as defined in 15.1, above, following regular appointment
from an eligible list to a position covered by this Agreement. At any time during
this original probationary period, the employee may be suspended, disciplined or
discharged at the discretion of the Employer, and without recourse to the
grievance procedure.
15.3. Promotional Probation: An employee newly promoted to a position covered by
�� this Agreement shall remain on promotional probation for a period of six (6)
months. At any time during this probationary period, the employee may be
returned to the employee's previous position or to a position to which the
employee could have been transferred or assigned prior to the promotion, at the
discretion of the Employer, and without recourse to the grievance procedure.
�
29
ARTICLE 16. SENIORITY
�
16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The
length of continuous, regular, and probationary service with the Employer from
the date an employee was first certified and appointed to a class title covered by �
this Agreement, it being further understood that seniority is confined to the
current class assignment held by an employee. In cases where two or more
employees are appointed to the same class title on the same date, the seniority `
shall be determined by employee's rank on the eligible list from which
certification was made.
16.2 Seniority shall terminate when an employee retires, resigns or is discharged.
16.3 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by class title within each department based
on inverse length of seniority as defined above. However, when layoff occurs in
any of the titles listed below under Column A, layoff shall be based on inverse
length of total seniority in all titles listed on the corresponding line under
Column B.
The Human Resource Department will identify such least senior employee in the
department reducing positions, and shall notify said employee of his/her
reduction from the department. If there are any vacancies in any of the titles
under Column B on which seniority was based, in any other District department,
the Human Resource Department shall place the affected employee in such
vacancy. If two or more vacant positions are available, the Human Resource
Department shall decide which vacant positions the affected employee shall fill. �
If no vacancy exists in such titles, then the least senior District employee in such
titles shall be identified, and if the employee affected by the original
departmental reduction is more senior, he/she shall have the right to claim that
position and the least senior District employee in such titles shall be the
employee laid off. For the purposes of this Article, the Board of Education is not
included as a City department nor is a Board of Education employee included as a
City employee.
Column A Column B
Clerk I Clerk I, Clerk II
Clerk II Clerk I, Clerk II
Clerk-Typist I Clerk-Typist I, Clerk-Typist II
Clerk-Typist II Clerk-Typist II, Clerk-Typist I
Clerk-Stenographer I Clerk-Stenographer I,
Clerk-Stenographer II
16.4 In cases where there are promotional series, such as Clerk I, 11, III, etc., when
the number of employees in these higher titles is to be reduced, employees who
have held lower titles which are in this bargaining unit will be offered
reductions to the highest of these titles to which class seniority would keep them
from being laid off, before layoffs are made by any class title within any �
department.
�
30
��- ����
ARTICLE 16. SENIORITY (continued)
�
16.5 In cases where an employee to be laid off has held no regular appointment in a
lower title in the same promotional series as his/her current title, that
' employee will be offered a reduction to the title within the bargaining unit to
which he/she was regularly appointed immediately prior to his/her current
title, so long as there is either a vacancy or, if no vacancy exists, a less senior
' employee in such title may be displaced. In cases where an employee to be laid off
has held no regular appointment to any titles immediately prior to his/her
current title, said employee shall be laid off. The employee reducing into a title
formerly held must satisfactorily complete a six (6)-month probationary period
in such title.
If the probationary period is not satisfactory, the employee shall, at any time
during the probationary period, be reinstated to his/her former title and shall be
laid off, but such employee's name will be placed on the reinstatement register in
his/her former title and "bumping" rights herein shall not again apply to such
employee.
This procedure will be followed by the Board of Education for Board of Education
employees. City employees being reduced or laid off may not displace Board of
Education employees. Board of Education employees being reduced or laid off may
not displace City employees.
16.6 It is understood that such employees will pick up their former seniority date in
any class of positions that they previously held.
� 16.7 Recall from layoff shall be in inverse order of layoff, except that recall rights
shall expire after two years of layoff.
16.8 The provisions of this Article are applicable only to positions within the
bargaining unit covered by this Agreement.
•
31
ARTICLE 17. DISCIPLINE
�
17.1 The Employer will discipline employees for just cause only. Discipline will be
in the form of:
17.1 .1 Oral reprimand,
17.1 .2 Written reprimand;
17.1 .3 Suspension; '
17.1 .4 Reduction;
17.1 .5 Discharge.
17.2 Any written reprimand made concerning any member of this bargaining unit
which is filed with the Human Resource Department or within any Employer
department, shall be shown to the member before it is placed on file. Before the
reprimand is placed on file, the Employer shall request from the employee an
acknowledgment, in writing, that the reprimand has been read by said employee.
17.3 Suspensions, reductions, and discharges will be in written form.
17.4 Employees and the MSEA will receive copies of written reprimands and notices of
suspension and discharge.
17.5 Employees may examine all information in their Employer personnel files that
concerns work evaluations, commendations and/or disciplinary actions. Files
may be examined at reasonable times under direct supervision of the Employer.
17.6 Discharges will be preceded by a five (5)-day preliminary suspension without �
pay. During said period, the employee and/or MSEA 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.
17.7 An employee to be questioned concerning an investigation of disciplinary action
shall have the right to request that an MSEA representative be present.
17.8 A grievance relating to this Article shall be processed in accordance with the
grievance procedure in Article 19 of this Agreement. This provision is not
intended to abrogate rights of veterans pursuant to statute.
ARTICLE 18. EMPLOYEE RECORDS
18.1 Any member of the bargaining unit may, during usual working hours, with the
approval of the supervisor, review any material placed in the employee's '
personnel file, after first giving proper notice to the supervisor in custody of
such file.
18.2 Any member of the bargaining unit may file a grievance or a discrimination •
complaint and there shall be no retaliation by the Employer for such action.
32
��-\4�k�
ARTICLE 19. GRIEVANCE PROCEDURE
�
19.1 The Employer shali recognize stewards selected in accordance with MSEA rules
and regulations as the grievance representatives of the bargaining unit. The
� MSEA shall notify the Employer in writing of the names of the stewards and of
their successors when so named.
' 19.2 It is recognized and accepted by the Employer and the MSEA 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 the
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
19.3 The procedure established by this Article shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by Article 17
for the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
19.4 Grievances shall be resolved in conformance with the following procedure:
Ste�1. Upon the occurrence of an alleged violation of this Agreement, the
employee involved with or without the steward shall attempt to resolve
• the matter on an informal basis with the employee's supervisor. If the
matter is not resolved to the employee's satisfaction by the informal
discussion, it may be reduced to writing and referred to Step 2 by the
MSEA. 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 MSEA within fourteen (14)
workdays of the first occurrence of the event giving rise to the
grievance shall be considered waived.
Ste�2. Within seven (7) workdays after receiving the written grievance, a
designated Employer supervisor shall meet with the MSEA 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 MSEA within three (3) workdays following this meeting. The MSEA
may refer the grievance in writing to Step 3 within seven (7)
workdays following receipt of the Employer's written answer. Any
grievance not referred in writing by the MSEA within seven (7)
workdays following receipt of the Employer's answer shall be
considered waived.
�
33
ARTICLE 19. GRIEVANCE PROCEDURE (continued)
�
Ste�3. Within seven (7) workdays following receipt of a grievance referred
from Step 2, a designated Employer supervisor shall meet with the
MSEA Business Representative or the designated representative, the �
employee, and the steward, and attempt to resolve the grievance.
Within seven (7) workdays following this meeting, the Employer shall
reply in writing to the MSEA, stating the Employer's answer concerning
the grievance. If, as a result of the written response, the grievance
remains unresolved, the MSEA may refer the grievance to Step 4. Any
grievance not referred in writing by the MSEA to Step 4 within seven
(7) workdays following receipt of the Employer's answer shall be
considered waived.
e 4. If the grievance remains unresolved, the MSEA may within seven (7)
workdays after the response of the Employer in Step 3, by written
notice to the Employer request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the MSEA within
seven (7) workdays after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said seven (7) day period,
either party may request the Bureau of Mediation Services to submit a
panel of five (5) arbitrators. Both the Employer and the MSEA shall
have the right to strike two (2) names from the panel. The MSEA shall
strike the first (1st) name; the Employer shall then strike one (1)
name. The process will be repeated and the remaining person shall be �
the arbitrator.
19.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator shall consider
and decide only the specific issue submitted in writing by the Employer and the
MSEA 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 MSEA, and the employees.
19.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the MSEA, 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. ,
�
34
��_����s
ARTICLE 19. GRIEVANCE PROCEDURE (continued)
�
19.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the MSEA.
19.8 It is understood by the MSEA and the Employer that if an issue is determined by
this grievance procedure, it shall not again be submitted for determination in
' another forum. If an issue is determined by any other forum, it shall not again
be submitted for arbitration under this grievance procedure. This provision is
not intended to abrogate rights secured under state or federal statutes.
19.8.1 Notwithstanding that portion of Article 26.2 referring to laws of the
City of Saint Paul, no issue regarding actions taken under this
Agreement shall be submitted to the Civil Service Commission, except
as permitted in Article 17.8 for persons covered by veterans
preference.
ARTICLE 20. TEMPORARY EMPLOYEES
20.1 It is recognized that temporary employees are within the unit covered by this
Agreement, however, except as specifically provided by this Agreement,
�� temporary employees shall not have or acquire any rights or benefits other than
specifically provided by the provisions of the Civil Service Rules and/or the
Saint Paul Salary Plan and Rates of Compensation.
ARTICLE 21 . BULLETIN BOARDS
21 .1 The Employer shall provide reasonable bulletin space for use by the MSEA in
posting notices of MSEA business and activities. Said bulletin board space shall
not be used by the MSEA for political pu�poses other than MSEA elections. Use of
this bulletin board is subject to approval of the department head.
�
35
ARTICLE 22. VACANCIES
�
22.1 . The Human Resource Department will post notices of those job vacancies which
are to be filled at least five working days before filling the vacancy so that
qualified District employees who hold the title may apply for consideration. '
22.2. For the purpose of this Article, a vacancy need not be posted if it is to be filled by
a current employee to avoid a layoff. "
22.3. For the purpose of this Article, a vacancy need not be posted if it is to be filled
through reinstatement of a laid-off School District employee covered by this
Agreement with recall rights to the vacancy.
22.4 Administrative transfers in the same title will occur occasionally prior to or
apart from the posting of vacancies.
ARTICLE 23. NON-DISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equally
without regard to or discrimination for or against any individual because of race,
color, creed, sex, age or because of inembership or non-membership in the
MSEA.
23.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
employees and the general public.
�
36
Gb-\� ��
ARTICLE 24. NO STRIKE, NO LOCKOUT
•
24.1 MSEA, the Association, its officers or agents, or any of the employees covered by
this Agreement will not engage in, encourage, sanction or support any strike, or
' the withholding in whole or in part of the full performance of their duties during
the life of this Agreement, except as specifically allowed by the Public
Employment Labor Relations Act. In the event of a violation of this Article, the
Employer will warn employees of the consequences of their action and shall
instruct them to immediately return to their normal duties. Any employee who
fails to return to his/her full duties within twenty-four (24) hours of such
warning may be subject to the penalties provided in the Public Employment
Labor Relations Act.
24.2 No lockout, or refusal to allow employees to perform available work, shall be
instituted by the Employer and/or its appointing authorities during the life of
this Agreement.
ARTICLE 25. LEGAL SERVICES
25.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
Employer shall defend save harmless and indemnify employee against tort claim
or demand whether groundless or otherwise arising out of alleged acts or
omission occurring in the performance or scope of the employee duties.
25.2 Notwithstanding 25.1, the Employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where
the employee is the plaintiff.
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37
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ARTICLE 26. TERMS OF AGREEMENT
� 26.1 Com lep te A�reement and Waiver of Bargaining: This Agreement shall represent
the complete Ag�eement between the MSEA and the Employer. The parties
acknowledge that during the negotiations which resulted in this Agreement, each
had the unlimited right and opportunity to make requests and proposals with
' respect to any subject or matter not removed by law from the area of collective
bargaining, and that the complete understandings and agreements arrived at by
the parties after the exercise of that right and opportunity are set forth in this
" Agreement. Therefore, the Employer and the MSEA, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agrees
that the other shall not be obligated to bargain collectively with respect to any
subject or matter referred to or covered in this Agreement.
26.2 Savinfl Clause: This Agreement is subject to the laws of the United States, the
State of Minnesota, and the City of Saint Paul. In the event any provision of this
Agreement shall hold to be contrary to law by a court of competent jurisdiction
from whose final judgment or decree no appeal has been taken within the time �
provided, such provision shall be voided. All other provisions shall continue in
- full force and effect.
26.3 Term of Agreement: This Agreement shall be in full force and effect from
January 1, 1996 through June 30, 1998, and shall be automatically renewed
from year to year thereafter unless either party shall notify the other in writing
in accordance with PELRA that it desires to modify or terminate this Agreement.
In wit��ss whereof, t parties have caused this Agreement to be executed this
��day of , 1996.
26.4 This constitutes a tative Agreement between the parties which will be
• recommended by the Negotiations/Labor Relations Manager, but is subject to the
approval of the Board of Education of Independent School District No. 625 and is
also subject to ratification by the MSEA (Saint Paul Public Schools Classified
Confidential Employees Association).
WITNESSES: �
INDEPENDENT SCHOOL DIS RICT NO.625 MINNESOTA SCFl00L
� , � � EMPLOYEES ASSOCUTI
, , •_ �
a------�
for Negotiatio s/Labor I io Manager Busine s Representati ;' SEA
l�i�,u,� �, . �l rzl�,2.z�/
Negotiations/Labor Rel ' ns Presiden , Saint Paul Pu lic Schools
Assistant Manager Classified Confidential Employees
Asso ' tion
o y �� � �9g�
Date Date
Chair, ard of Education
� Date
39
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i
APPENDIX A: TITLES AND SALARIES
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APPENDIX A:TITLES AND SALARIES
Effective A B C D E F G H I �
NOTE(1� ST�T •5 E * 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15 YEAR
Grade 7
Trainee (Clerical)
12-23-95 683.89 707.99 731.09 757.09 783.11 806.60 830.80 855.73 891.85
1-4-97 700.99 725.69' 749.37 776.02 802.69 826.77 851.57 877.12 914.15 �
1-3-98 708.00 756.86 783.78 810.72 835.04 860.09 885.89 923.29
Grade 9
Clerk I
12-23-95 712.81 736.88 763.85 788.88 818.73 843.29 868.60 894.64 931.95
1-4-97 730.63 755.30' 782.95 808.60 839.20 864.37 890.32 917.01 955.25
1-3-98 737.94 790.78 816.69 847.59 873.01 899.22 926.18 964.80
Grade 10
Clerk Typist I
12-23-95 729.15 753.28 776.36 804.29 830.29 855.20 880.85 90729 944.96
1-4-97 747.38 772.11' 795.77 824.40 851.05 876.58 902.87 929.97 968.58
1-3-98 754.85 803.73 832.64 859.56 885.35 911.90 939.27 978.27
Grade 14
Clerk II
12-23-95 788.88 818.73 846.67 879.46 911.72 939.06 967.24 996.26 1,036.60
1-4-97 808.60 839.20" 867.84 901.45 934.51 962.54 991.42 1,021.17 1,062.52
1-3-98 816.69 876.52 910.46 943.86 972.17 1,001.33 1,031.38 1,073.15
d 17 �
Clerk Typist II
12-23-95 841.85 872.17 906.52 941.87 983.34 1,012.85 1,043.23 1,074.53 1,118.88
i-4-97 862.90 893.97' 929.18 965.42 1,007.92 1,038.17 1,069.31 1,101.39 1,146.85
1-3-98 871.53 938.47 975.07 1,018.00 1,048.55 1,080.00 1,112.40 1,158.32
r e2
Cierk III
12-23-95 898.18 941.08 978.86 1,020.43 1,065.33 1,097.29 1,130.22 1,164.12 1,209.50
1-4-97 920.63 964.61' 1,003.33 1,045.94 1,091.96 1,124.72 1,158.48 1,193.22 1,239.74
1-3-98 929.84 1,013.36 1,056.40 1,102.88 1,135.97 1,170.06 1,205.15 1,252.14
Grade 22
Clerk Typist III
12-23-95 941.87 983.34 1,027.19 1,077.71 1,124.88 1,158.62 1,193.38 1,229.18 1,276.51
1-4-97 965.42 1007.92' 1,052.87 1,104.65 1,153.00 1,187.59 1,223.21 1,259.91 1,308.42
1-3-98 975.07 1,063.40 1,115.70 1,164.53 1,199.47 1,235.44 1,272.51 1,321.50
Grade 25
Benefits Clerk
12-23-95 1,019.30 1,063.11 1,111.41 1,159.70 1,209.11 1,245.38 1,282.75 1,321.23 1,371.32
1-4-97 1,044.78 1089.69' 1,139.20 1,188.69 1,239.34 1,276.51 1,314.82 1,354.26 1,405.60 '
1-3-98 1,055.23 1,150.59 1,200.58 1,251.73 1,289.28 1,327.97 1,367.80 1,419.66
��� NOTE: Years listed for steps are illustrative. See Article 10 for salary schedule step progression rules.
�Step B pertains only to employees hired prior to July 1, 1996. Employees hired on or after July 1, 1996, �
will typically be placed on Step A and move to Step C after one (1) year of full-time service.
I
\ `V— ` "l��
APPENDIX A (continued)
� Effective A B C D E F G H I
NOTE(1) STAHf •5 A * 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15 YEAR
. Grade 26
Substitute Staffing Clerk
12-23-95 1,047.41 1,094.54 1,142.85 1,194.55 1,248.43 1,285.88 1,324.46 1,364.20 1,415.58
1-4-97 1,073.60 1121.90' 1,171.42 1,224.41 1,279.64 1,318.03 1,357.57 1,398.31 1,450.97
1-3-98 1,084.34 1,183.13 1,236.65 1,292.44 1,331.21 1,371.15 1,412.29 1,465.48
ra 7
Clerk IV -
Human Resource Clerk
12-23-95 1,047.41 1,097.91 1,147.36 1,200.15 1,257.42 1,295.15 1,334.00 1,374.01 1,425.69
1-4-97 1,073.60 1125.36" 1,176.04 1,230.15 1,288.86 1,327.53 1,367.35 1,408.36 1,461.33
1-3-98 1,084.34 1,187.80 1,242.45 1,301.75 1,340.81 1,381.02 1,422.44 1,475.94
Grade 29
Benefits Technician
12-23-95 1,103.54 1,157.45 1,209.11 1,267.53 1,324.80 1,364.54 1,405.49 1,447.65 1,501.53
1-4-97 1,131.13 1186.39` 1,239.34 1,299.22 1,357.92 1,398.65 1,440.63 1,483.84 1,539.07
1-3-98 1,142.44 1,251.73 1,312.21 1,371.50 1,412.64 1,455.04 1,498.68 1,554.46
Grade 30
Secretary
12-23-95 1,136.12 1,186.69 1,240.55 1,302.37 1,361.88 1,402.73 1,444.82 1,488.17 1,543.26
� 1-4-97 1,164.52 1216.36' 1,271.56 1,334.93 1,395.93 1,437.80 1,480.94 1,525.37 1,581.84
1-3-98 1,176.17 1,284.28 1,348.28 1,409.89 1,452.18 1,495.75 1,540.62 1,597.66
r 1
Clerical Supervisor
Personnel Specialist I
12-23-95 1,166.43 1,218.13 1,275.40 1,333.81 1,397.85 1,439.79 1,482.98 1,527.48 1,583.76
1-4-97 1,195.59 1248.58' 1,307.29 1,367.16 1,432.80 1,475.78 1,520.05 1,565.67 1,623.35
1-3-98 1,207.55 1,320.36 1,380.83 1,447.13 1,490.54 1,535.25 1,581.33 1,639.58
Grade 32
Human Resource Information Systems Technician
Personnel Technician - Board of Education
12-23-95 1,199.05 1,256.27 1,312.46 1,374.27 1,438.28 1,481.43 1,525.88 1,571.65 1,629.26
1-4-97 1,229.03 1287.68' 1,345.27 1,408.63 1,474.24 1,518.47 1,564.03 1,610.94 1,669.99
1-3-98 1,241.32 1,358.72 1,422.72 1,488.98 1,533.65 1,579.67 1,627.05 1,686.69
Grade 36
Personnel Specialist II
12-23-95 1,338.28 1,402.34 1,465.23 1,536.00 1,610.15 1,658.46 1,708.21 1,759.46 1,822.70
1-4-97 1,371.74 1437.40' 1,501.86 1,574.40 1,650.40 1,699.92 1,750.92 1,803.45 1,868.27
1-3-98 1,385.46 1,516.88 1,590.14 1,666.90 1,716.92 1,768.43 1,821.48 1,886.95
� ��� NOTE: Years listed for steps are illustrative. See Article 10 for salary schedule step p�ogression rules.
• 'Step B pertains only to employees hired prior to July 1, 1996. Employees hired on or after July 1, 1996,
will typically be placed on Step A and move to Step C after one (1) year of full-time service.
II
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� 1996 - 199 8
.
AGREEMENT
BETWEEN
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT NO. 625
AND
� MINNESOTA SCHOOL EMPLOYEES ASSOCIATION
Representing
Classified Confidential
Employees Association
January 1, 1996 through June 30, 1998
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� + PUBLIC SCHOOLS UFE�ONG LEARN/NG
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PUBLIC SCHOOLS ��FELOfVG 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 R.Yusten - Assistant Superintendent,
Teaching and Learning
. �
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•
INDEX
ARTI E IT TLE PAGE
.
Preamble...................................................................................... v
1 . Recognition................................................................................... 1
2. Check Off...................................................................................... 2
3. Maintenance of Standards............................................................. 2
4. Management Rights...................................................................... 2
5. Hours of Work.............................................................................. 3
6. Work Breaks................................................................................ 4
� 7. Holidays........................................................................................ 5
8. Vacation........................................................................................ 6
9. Leaves of Absence......................................................................... 7
10. Wages........................................................................................... 1 0
1 1 . Working Out of Classification...................................................... 1 2
12. Mileage......................................................................................... 12
13. Severance Pay.............................................................................. 1 3
14. Insurance Benefits....................................................................... 1 5
� 15. Probation..................................................................................... 2 9
16. Seniority...................................................................................... 3 0
17. Discipline..................................................................................... 3 2
18. Employee Records........................................................................ 3 2
19. Grievance Procedure.................................................................... 3 3
20. Temporary Employees................................................................. 3 5
21 . Bulletin Boards............................................................................ 3 5
2 2. Vacar�cties...................................................................................... 3 6
23. Non-Discrimination.................................................................... 3 6
2 4. No Strike, No Lockout.................................................................. 3 7
25. Legal Services.............................................................................. 3 7
26. Terms of Agreement..................................................................... 3 9
Appendix A: Titles and Salaries................................................... I-I I
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iii
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IV
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� - (�� �
� PREAMBLE
This Agreement entered into by Independent School District No. 625, hereinafter
referred to as the Employer, and the Minnesota School Employees Association,
• hereinafter referred to as MSEA, representing the Saint Paul Public Schools Classified
Confidential Employees Association, hereinafter referred to as the Association, has as its
purpose the promotion of harmonious relations between the Employer and the MSEA, the
� establishment of an equitable and peaceful procedure for the resolution of differences,
and the establishment of rates of pay, hours of work, and other conditions of
employment.
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�� a��8
ARTICLE 1 . REOOGNfTION
i1 .1 The Employer recognizes the MSEA as the sole and exclusive bargaining agent for
the purpose of establishing salaries, wages, hours, and other conditions of
employment for all of its employees as outlined in the certification by the State of
' Minnesota Bureau of Mediation Services, dated January 27, 1993, in Case
No. 93-PTR-1061, and set forth in Section 1.2 below.
� 1 .2 The bargaining unit covered by this Agreement shall consist of the following:
All classified confidential employees of Independent School District No. 625,
Saint Paul, Minnesota, who are employed by Independent School District
No. 625, Saint Paul, Minnesota, and who are public employees within the
meaning of Minnesota Statute § 179A.03, Subd. 14 in the classifications of:
�lerical and Technical Groups
Benefits Clerk Clerk-Stenographer I
Benefits Technician - BOE Clerk-Stenographer II
Clerk I Clerk-Stenographer III
Clerk II Clerical Supervisor
Clerk III Human Resource Clerk
Clerk IV Human Resource Information
Technician
Clerk-Typist I Personnel Technician - BOE
Clerk-Typist II Secretary
Clerk-Typist III Substitute Staffing Clerk
,�;
--- ro essional Groun
Personnel Specialist I
Personnel Specialist II
Any titles designated as Civil Service exempt are not covered by the provisions of
Civil Service Rules or any related rules covering employment in classified
service positions. The terms and conditions of employment for any titles
designated as Civil Service exempt are defined within this labor agreement,
notwithstanding Article 3: Maintenance of Standards, which does not apply to
titles so designated.
1 .3 Any present or future employee who is not an Association member shall be
required to contribute a fair share fee for services rendered by the MSEA and,
upon notification by the MSEA, the Employer shall check off said fee from the
earnings of the employee and transmit the same to the MSEA. In no instance shall
the required contribution exceed a pro rata share of the specific expenses
incurred for services rendered by the representative in relationship to
negotiations and administration of grievance procedures. This provision shall
remain operative only so long as specifically provided by Minnesota law, and as
• otherwise legal.
1 .4 The MSEA agrees to indemnify and hold the Employer harmless against any and all
° claims, suits, orders or judgments brought or issued against the Employer as a
� result of any action taken or not taken by the Employer under the provisions of
this Article, Section 1.3.
1
ARTICLE 2. CHECKOFF
�
2.1 The Employer agrees to deduct the MSEA membership initiation fee assessments
and once each month dues from the pay of those employees who individually
request in writing that such deductions be made. The amounts to be deducted shall '
be certified to the Employer by a representative of the MSEA and the aggregate
deductions of all employees shall be remitted together with an itemized statement
to the representative by the first of the succeeding month after such deductions "
are made or as soon thereafter as is possible.
2.2 The MSEA agrees to indemnify and hold the Employer harmless against any and all
claims, suits, orders or judgments brought or issued against the Employer as a
result of any action taken or not taken by the Employer under the provisions of
this Article.
ARTICLE 3. MAINTENANCE OF STANDARDS
3.1 The parties agree that all conditions of employment relating to wages, hours of
work, overtime differentials, vacations, and all other general working conditions
shall be maintained at not less than the highest minimum standard set forth in the
Civil Service Rules of the City of Saint Paul 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. MANAGEMENT RIGHTS
4.1 MSEA and the Association recognizes the right of the Employer to operate and
manage its affairs in all respects in accordance with applicable laws and
regulations of appropriate authorities. All rights and authority which the
Employer has not officially abridged, delegated or modified by this Agreement are
retained by the Employer.
4.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limited to, such areas of discretion
or policy as the functions and programs of the Employer, its overall budget,
utilization of technology, and organizational structure and selection and direction
and number of personnel. '
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2
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ARTICLE 5. HOURS OF WORK �
•
5.1 The normal workday shall be seven and three-fourths (7-3/4) consecutive
hours per day, excluding a forty-five (45)-minute lunch period, fifteen (15)
' minutes of which shall be paid.
5.2 The normal workweek shall be five (5) consecutive normal workdays in any
� seven (7)-day period.
5.3 For employees on a shift basis, this shall be construed to mean an average of
thirty-eight and three-fourths (38-3/4) hours per week.
5.4 This Section shall not be construed as, and is not a guarantee of, any hours of
work per normal workday or per normal workweek.
5.5 Time on the payroll in excess of the normal hours set forth above in this Article
shall be °overtime work" and shall be done only by order of the head of the
department.
5.6 Employees in this bargaining unit working under a title listed under the heading
"Clerical and Technical Group" in Article 1.2 shall be recompensed for work
done in excess of the normal hours established above in this Article by being
granted compensatory time on a time and one-half basis or by being paid on a
time and one-half basis for such overtime work. The overtime rate of one and
one-half shall be computed on the basis of V80th of the biweekly rate.
� 5.7 Employees working in a title listed under the heading "Professional Group" in
Article 1.2 who work more than seven and three-fourths (7-3/4) hours in any
twenty-four hour period or more than thirty-eight and three-fourths
(38-3/4) hours in any seven (7)-day period shall not receive pay for such
additional work except as in 5.8 below.
5.8 It is understood by the parties that Civil Service Rule, Section 28.H - Overtime
of Resolution No. 3250 shall not apply to employees in the bargaining unit
working under a title listed under the heading "Professional Group" in
Article 1.2. In unusual circumstances, a department head may grant these
employees who work more than seven and three-fourths (7-3/4) hours in any
twenty-four (24)-hour period or more than thirty-eight and three-fourths
(38-3/4) hours in any particular seven (7)-day period compensatory time or
pay on a straight-time basis for the extra hours worked.
�
3
ARTICLE 5. HOURS OF WORK (continued)
•
5.9 Normal work schedules showing the employee's shift, workdays, and hours shall
be posted on all department bulletin boards at all times. It is also understood that
deviation from posted work schedules shall be permissible due to emergencies, '
acts of God, and overtime may be required.
5.10 Call-in Pax: 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 hours' pay. These provisions, however,
shall not be effective when work is unable to proceed because of adverse weather
conditions; nor shall these provisions apply to temporary employees nor to
employees employed under any of the titles listed in Section 3.6 of the Civil
Service Rules under the heading "Special Employment," nor to any person whose
regularly-scheduled workday is less than four hours.
ARTICLE 6. WORK BREAKS
6.1 Rest Periods: All employees' work schedules shall provide for a fifteen-minute
rest period during each one-half shift. The rest period shall be scheduled by
management at approximately the middle of each one-half shift whenever it is �
feasible.
6.2 If an employee is scheduled to work a full half-shift beyond the regular quitting
time, the employee shall be entitled to the rest period that occurs during said
half-shift.
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4
��- 1��.�
ARTICLE 7. HOLIDAYS
�
7.1 Holidays recognized and observed: The following days shall be recognized and
observed as paid holidays:
New Year's Day Labor Day
Martin Luther King Jr. Day Columbus Day
' Presidents' Day Veterans' Day
Memorial Day Thanksgiving Day
Independence 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. For those employees assigned to a work
week other than Monday through Friday, the holiday shall be observed on the
calendar date of the holiday.
7.2 The floating holidays set forth in Subd. 7.1 above may be taken at any time during
the contract year, subject to approval of the department head of any employee.
7.3 Eligibility Requirements: In order to be eligible for a holiday with pay, an
employee's name must appear on the payroll on any six (6) working days of the
� nine (9) working days preceding the holiday, or an employee's name must appear
on the payroll the last working day before the holiday and on three (3) other
working days of the nine (9) working days preceding the holiday. In neither case
shall the holiday be counted as a working day for the purposes of this Section. It
is further understood that neither temporary nor other employees not heretofore
eligible shall receive holiday pay.
7.4 Notwithstanding Subd. 7.3, effective April 1, 1984, a temporary employee shall
be eligible for holiday pay only after such employee has been employed as a
temporary employee for sixty-seven (67) consecutive workdays. No temporary
employee shall be eligible for any floating holidays.
7.5 If Martin Luther King Jr. 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.
7.6 Notwithstanding Articte 7.1 and 7.5 above, the Employer may at any time during
the life of this Agreement designate the day after Thanksgiving as a paid holiday.
In the event of such designation, either Martin Luther King Jr. Day, Presidents'
, Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list
as set forth in Article 7.1.
�
5
ARTICLE 8. VACATION
�
8.1 Each full-time regularly appointed employee working under a title covered by
this Agreement shall accumulate vacation credits at the rates shown below for
each full hour on the payroll, excluding overtime: '
Years of Service Hours of Vacation
1st year through 4th year .0385
5th year through 9th year .0577
10th year through 15th year .0654
16th year through 23rd year .0808
24th year and thereafter .1000
8.2 The head of the department may permit an employee to carryover into the next
"vacation year" up to one hundred twenty (120) hours of vacation.
8.2.1 An employee who has more than one hundred twenty (120) hours of
accrued vacation remaining at the end of the last full pay period in
October shall either:
(a) be required to use the hours of vacation in excess of one hundred
twenty (120) hours prior to the end of the fiscal year (IRS payroll
reporting year); or
(b) be compensated for hours in excess of one hundred twenty (120)
hours at end of year; or �
(c) be provided an exception for additional carryover of vacation by
means of approval of his/her department head.
Choice of option a, b, or c is at the discretion of the Employer.
8.2.2 For the purpose of this Article, the "vacation year" shall be the fiscal
year (IRS payroll reporting year).
8.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan
and Rates of Compensation, Section I, Subd. H.
�
6
q(� -f�� �
ARTICLE 9. LEAVES OF ABSENCE
�
9.1 Sick Leave: Sick leave shall accumulate at the rate of .0576 of a working hour
for each full hour on the payroll, excluding overtime. Sick leave accumulation is
` unlimited. To be eligible for sick leave, the employee must report to his/her
supervisor no later than one-half hour past his/her regular scheduled starting
time. The granting of sick leave shall be subject to the terms and provisions of
' this Agreement.
9.1.1 Snecified Allowable Uses of Sick Leave: Any employee who has
accumulated sick leave credits as provided above shall be granted leave
with pay, for such period of time as the head of the department deems
necessary, on account of sickness or injury of the employee, quarantine
established and declared by the Bureau of Health, death of the
employee's mother, father, spouse, child, brother, sister,
mother-in-law, father-in-law or other person who is a member of the
household; and may be granted leave with pay for such time as is
actually necessary for office visits to a doctor, dentist, optometrist,
etc., or in the case of sudden sickness or disability of a parent or a
member of his/her household, making arrangements for the care of
such sick or disabled persons up to a maximum of eight hours sick
leave.
9.1.2 Funeral Leave: Any employee who has accumulated sick leave credits, as
provided in the Civil Service Rules, shall be granted one (1) day of such
leave to attend the funeral of the employee's grandparent, grandchild,
� aunt, uncle, sister-in-law, brother-in-law, daughter-in-law or
son-in-law.
9.1 .3 Sick Child Care Leave: An employee who has worked for the District for
at least twelve (12) consecutive months for an average of twenty (20)
or more hours per week prior to the leave request may use accumulated
personal sick leave credits for absences required to care for the
employee's ill child. Sick leave for sick child care shall be granted on
the same terms as the employee is able to use sick leave for the
employee's own illness. This leave shall only be granted pursuant to
Minnesota Statute § 191.9413 and shall remain available as provided
in Statute.
9.2 Court Duty Leave: Any employee who is required during his/her regular working
hours to appear in court as a juror or witness except as a witness in his/her own
behalf against the Employer, shall be paid regular pay while so engaged,
provided, however, that any fees that the employee may receive from the court
for such service shall be paid to the Employer and be deposited with the Employer
Business Office. Any employee who is 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.
�
7
ARTICLE 9. LEAVES OF ABSENCE (continued)
9.3 Military Leave With PaX: Any employee who shall be a member of the National �
Guard, the Naval Militia or any other component of the militia of the state, now
or hereafter organized or constituted under state or federal law, or who shall be a
member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval '
Reserve, the Marine Corps Reserve or any other reserve component of the
military or naval force of the United States, now or hereafter organized or
constituted under federal law, shall be entitled to leave of absence from '
employment without loss of pay, seniority status, efficiency rating, vacation,
sick leave or other benefits for all the time when such employee is engaged with
such organization or component in training or active service ordered or
authorized by proper authority pursuant to law, whether for state or federal
purposes, provided that such leave shall not exceed a total of fifteen (15) days in
any calendar year and further provided that such leave shall be allowed only in
case the required military or naval service is satisfactorily performed, which
shall be presumed unless the contrary is established. Such leave shall not be
allowed unless the employee 1) returns to his/her position immediately upon
being relieved from such military or naval service and not later than the
expiration of time herein limited for such leave; or 2) is prevented from so
returning by physical or mental disability or other cause not due to such
employee's own fault; or 3) is required by proper authority to continue in such
military or naval service beyond the time herein limited for such leave.
9.4 Education Leave: Leave with pay may be granted for educational purposes at the
option of the Employe�.
9.5 General Non-Comnensatory Leave of Absence: After three months' employment, �
an employee may make application for a leave of absence not to exceed one year. A
leave of absence shall be granted on the basis established in the Civil Service
Rules (Resolution No. 3250).
9.5.1 Said rules are supplemented and amended by the following provision:
All requests for unpaid leave are subject to District approval. Such
requests are to be submitted to the Human Resource Department on a
form provided by the Employer.
If an employee's request for thirty (30) days or more of non-medical
and non-parental leave is approved, the employee will be offered the
opportunity to return to employment in an equivalent position, if a
vacancy is available after the conclusion of the leave. If no equivalent
vacancy exists at that time, the District will continue to consider the
employee's return for two (2) years after the conclusion of leave. If no
equivalent vacancy has occurred and has been assigned by the end of two
(2) years from the conclusion of leave, the employee's name will be
dropped from consideration as though he/she had resigned, and the
employee will be considered resigned.
"Equivalent vacancy" means a position of the same job classification ,
held by the employee at the time of the leave, which remains in
existence, has been vacated by the resignation or termination of another •
employee, and which the District intends to fill in the same
classification. �
8
( � ! l ��
ARTICLE 9. LEAVES OF ABSENCE (continued) �� �
�
9.6 Parental Leave:
� 9.6.1 Parental leave is a leave without pay or benefits which shall be granted
upon request subject to the provisions of this Section. It may be granted
for reasons of adoption or pregnancy and/or the need to provide parental
" care for a child or children of the employee for an extended period of
time immediately following adoption or the conclusion of pregnancy;
such period of leave shall be no longer than one calendar year in length.
Leave up to six (6) calendar months shall be granted upon request.
Leave for more than six (6) calendar months is at the discretion of the
Employer.
9.6.2 In the case of pregnancy, an employee who wishes to use a period of
(paid) earned sick leave at the time of pregnancy and delivery-related
disability, may request unpaid parental leave for a period following the
use of earned sick leave; however, sick leave time shall not be granted
within (during the course of) a period of unpaid parental leave. The
employee requesting such sequential leave shall submit an application
in writing to the Director of Human Resources of Independent School
District No. 625 not later than twelve (12) weeks in advance of the
anticipated date of delivery. The employee will be required to submit,
at the time of use, appropriate medical verification for the sick leave
time claimed.
9.6.3 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.
9.6.4 When an employee is returning from parental leave extending over a
period of six (6) calendar months or less, the employee shall be placed,
at the beginning of the first pay period following the scheduled date of
return, in the same position held prior to the leave or, if necessary, in
an equivalent position.
9.6.5 When an employee has requested and been granted leave for a period
longer than six (6) calendar months, but no more than twelve (12)
calendar months, the employee will be placed in an equivalent position
after the scheduled date of return as soon as an equivalent vacancy
becomes available. For purposes of this provision, an equivalent
vacancy is a position in the same title which exists, has no incumbent,
which is to be filled, and for which no other person has rights.
9.7 Family Medical Leave: Effective February 1, 1994, leaves of absence shall be
. granted as required under the federal law known as the Family and Medical Leave
Act (FMLA) so long as it remains in force. The Human Resource Department
provides procedures which coordinate contractual provisions with FMLA.
�
9
ARTICLE 9. LEAVES OF ABSENCE (continued)
�
9.8 School Activities Leave Without Pav: An employee may request and be granted up
to sixteen (16) hours of unpaid leave per calendar year for school activities of
his/her own child, pursuant to Minnesota Statute § 181.9412 rules, so long as �
the Statute so provides.
9.9 Military Leave Without PaX: Any employee who engages in active service in time '
of war or other emergency declared by proper authority of any of the military or
naval forces of the state or of the United States for which leave is not otherwise
allowed by law shall be entitled to leave of absence from employment without pay
during such service with right of reinstatement and subject to such conditions as
are imposed by law. Such leaves of absence as are granted under Article 9.3 shall
conform to Minnesota Statutes, Section 192, as amended from time to time and
shall confer no additional benefits other than those granted by said statute.
9.10 Union Official Leave: An employee elected or appointed to a full-time paid
position by the exclusive representative may be granted a leave of absence
without pay for not more than one year for the purpose of conducting the duties of
the exclusive representative.
ARTICLE 10. WAGES �
,
10.1 The wage schedule, for purposes of this contract, shall be Appendix A, attached
hereto. Both parties agree that the inclusion of the classifications and salary
ranges in Appendix "A" does not preclude the employer from the following:
1 . Reorganizing;
2. Abolishing classifications;
3. Establishing new classifications;
4. Regrading classifications;
5. Reclassifying positions.
10.2 Both parties also agree that titles and grades in Appendix A refer to employees in
the positions at the date of signing of the Agreement. No employee in this
bargaining unit shall suffer any reduction in salary because of a regrading or
reclassification during the contract period in which such regrading or
reclassification takes place.
�
10
�fn -f t-f��
ARTICLE 10. WAGES (continued):
�
10.3 Initial ste�placement when an employee is regularly appointed into a title
' covered by this Agreement or moves from one title covered by this Agreement to
an appointment in a different title under this Agreement, shall be governed by
Civil Service Rules.
10.4 Salary Step Progression:
10.4.1 Progression through the steps of a salary range in this contract will be
based on the following conditions:
10.4.2 Employees must have received an overall rating of "Satisfactory" on
their most recent performance evaluation to receive any salary step
advancement.
10.4.3 Movement from step to step will not occur until the next full pay period
following the anniversary date of the employee's provisional or regular
appointment, so long as the employee has remained continuously
employed and has completed the minimum number of hours described
below.
10.4.4 Step A shall be the normal entry rate for the positions in this
bargaining unit, except as otherwise provided in existing rules.
� Effective January 1, 1996 through June 30, 1996, employees shall
remain at the Step A pay rate until the completion of 1,040 hours on
the payroll in the title then move to Step B. Employees who are placed
on Step B prior to January 4, 1997, may remain at that step until they
complete an additional 1,040 hours and then will receive one (1)
additional step, to the Step C pay rate.
10.4.5 For each additional 2,080 hours on the payroll, the employee may
advance beyond Step A by one (1) additional step following his/her
anniversary date, up to and including Step G.
10.4.6 For the purpose of progression to the Step H and Step I rates, the term
"year of full-time service" shall be defined as the completion of a
minimum of 2,080 hours on the payroll for the equivalent of one (1)
year of service.
10.4.7 When an employee completes ten (10) years of full-time service in the
District, that employee may be granted an increase of one (1) additional
salary step, not to exceed Step H (i.e., 2,080 hours x ten (10)
years = 20,800 minimum hours required).
,
10.4.8 When an employee completes fifteen (15) years of full-time service in
the District, that employee may be granted an increase of one (1)
additional salary step, not to exceed.Step I (i.e., 2,080 hours x fifteen
(15) years = 31,200 minimum hours required).
�
11
ARTICLE 1 1 . WORKING OUT OF CLASSIFICATION
�
11.1 Employer shall avoid, whenever possible, working an employee on an
out-of-class assignment for a prolonged period of time. Any employee working
an out-of-class assignment for a period in excess of fifteen (15) consecutive '
working days shall receive the rate of pay for the out-of-class assignment in a
higher classification not later than the sixteenth (16th) day of such assignment.
For purposes of this Article, an out-of-class assignment is defined as an '
assignment of an employee to perform, on a full-time basis, all of the significant
duties and responsibilities of a position different from the employee's regular
position, and which is in a classification higher than the classification held by
such employee. The rate of pay for an approved out-of-class assignment shall be
the same rate the employee would receive if such employee received a regular
appointment to the higher classification.
11 .2 For the following classifications, the provisions of 11.1 shall not apply to
performance of the duties of the next higher classification in the job series:
Clerk I
Clerk-Stenographer I
Clerk-Typist I
ARTICLE 12. MILEAGE �
12.1 Employees of the School District under policy adopted by the Board of Education
may be reimbursed for the use of their automobiles for school business. To be
eligible for such reimbursement, employees must receive authorization from the
District Mileage Committee utilizing the following plan:
PLAN "A°, effective with the adoption of this Agreement, is reimbursed at the
current Board approved rate or 28� per mile, whichever is greater. In addition,
a maximum amount which can be paid per month is established by an estimate
furnished by the employee and the employee's supervisor.
Another consideration for establishing the maximum amount can be the
experience of another working in the same or similar position.
Under this plan, it is necessary for the employee to keep a record of each trip
made.
�
�
12
��� -� �f��
l
ARTICLE 13. SEVERANCE PAY
�
13.1 The Employer shall provide a severance pay program as set forth in this Article.
' 13.2 To be eligible for the severance pay program, an employee must meet the
following requirements:
� 13.2.1 The employee must be fifty-five (55) years of age or older or must be
eligible for pension under the "Rule of 85" or the "Rule of 90"
provisions of the Public Employees Retirement Association (PERA).
The "Rule of 85" or the "Rule of 90" criteria shall also apply to
employees covered by a public pension plan other than PERA.
13.2.2 The employee must be voluntarily separated from School District
employment or have been subject to separation by layoff or compulsory
retirement. Those employees who are discharged for cause, misconduct,
inefficiency, incompetency or any other disciplinary reason are not
eligible for this severance pay program.
13.2.3 The employee must have at least ten (10) years of consecutive service
under the classified or unclassified Civil Service at the time of
separation. For the purpose of this Article, employment in either the
City of Saint Paul or in Independent School District No. 625 may be used
in meeting this ten (10)-year service requirement.
13.2.4 The employee must file a waiver of 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
reemployment (of any type) with the City of Saint Paul or with
Independent School District No. 625.
13.2.5 The employee must have accumulated a minimum of sixty (60) days of
sick leave credits at the time of his/her separation from service.
13.3 If an employee requests severance pay and if the employee meets the eligibility
requirements set forth above, he or she will be granted severance pay in an
amount equal to one-half of the daily rate of pay for the position held by the
employee on the date of separation for each day of accrued sick leave subject to a
maximum of two hundred (200) accrued sick leave days.
13.4 The maximum amount of money that any employee may obtain through this
severance pay program is $7,500.
13.5 For the purpose of this severance pay program, a death of an employee shall be
considered as separation of employment; and, if the employee would have met all
of the requirements set forth above at the time of his or her death, payment of the
severance pay will be made to the employee's estate or spouse.
�
13
ARTICLE 13. SEVERANCE PAY (continued)
�
13.6 For the purpose of this severance pay program, a transfer from Independent
School District No. 625 employment to City of Saint Paul employment is not
considered a separation of employment, and such transferee shall not be �
eligible for this severance program.
13.7 The manner of payment of such severance pay shall be made in accordance with '
the provisions of the School District Severance Pay Plan already in existence.
13.8 This severance pay program shall be subject to and governed by the provisions
of the original School District Severance Pay Plan (which allows $4,000
maximum payment) except in those cases where the specific provisions of this
Article conflict with said Severance Pay Plan and in such cases, the provisions
of this Article shall control.
13.9 The provisions of this Article shall be effective as of January 1, 1984.
13.10 Any employee hired prior to December 31, 1983, may, in any event, and upon
meeting the qualifications of this Article or the original School District basic
Severance Pay Plan (which allows $4,000 maximum payment), draw
severance pay. However, an election by the employee to draw severance pay
under either this Article or the basic School District Severance Pay Plan shall
constitute a bar to receiving severance pay from the other. Any employee hired
after December 31, 1983, shall be entitled only to the benefits of this Article
� upon meeting the qualifications herein.
13.1 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.
13.12 Qriginal Severance Pay Plan: Employees shall be eligible for severance pay in
accordance with the School District's Severance Pay Plan. The amount of
severance pay allowed shall be that amount permitted by state statutes subject
to the provision that the maximum amount allowed shall be $4,000.
s
14
ARTICLE 14. INSURANCE BENEFITS vJ�v C - ` `�
�
SEC110N 1 . ACTIVE EMPLOYEE HEALTH INSURANCE
' 1 .1 The Employer will continue for the period of this Agreement to provide for active
employees such health and life insurance benefits as are provided by Employer at
the time of execution of this Agreement.
1 .2 Eligibility Waitinq Period: Effective January 1. 1996, six (6) full months of
continuous regularly appointed service in Independent School District No. 625
will be required before an eligible employee can receive the District
contribution to premium cost for health and life insurance provided herein.
1 .2.1 Fffective January 1. 1997, three (3) full months of continuous
regularly appointed service in Independent School District No. 625 will
be required before an eligible employee can receive the District
contribution to premium cost for health and life insurance provided
herein. The availability of this benefit after three (3) months service
is designed to replace movement to wage schedule Step B at six (6)
months service. Step B will not be available to employees hired into
this unit after July 1, 1996. An eligible employee appointed to an
Independent School District No. 625 position between July 1, 1996 and
October 1, 1996, will be provided the stated premium contribution
after three (3) full months of service, but will directly move to Step C
of the wage schedule after one (1) year of full-time service as
� described in Article 10, Wages.
1 .3 Full-Time Status: For the purpose of this Article, full-time employment is
defined as appearing on the payroll at least thirty-two (32) hours per week or
at least sixty-four (64) hours per pay period, excluding overtime hours.
1 .4 Half-Time Status: For the purpose of this Article, half-time employment is
defined as appearing on the payroll at least twenty (20) hours but less than
thirty-two (32) hours per week or at least forty (40) hours but less than
sixty-four (64) hours per pay period, excluding overtime hours.
1 .5 Emnlover Contribution Amount--Full-Time Em I�oyees: Effective
January 1, 1996, for each eligible employee covered by this Agreement who is
employed full time and who selects employee insurance coverage, the Employer
agrees to contribute the cost of such coverage or $177.50 per month, whichever
is less. For each eligible full-time employee who selects family coverage, the
Employer will contribute the cost of such family coverage or $310 per month,
whichever is less.
1.5.1 Effective January 1, 1997, for each eligible employee covered by this
Agreement who is employed full time and who selects employee
, insurance coverage, the Employer agrees to contribute the cost of such
coverage or $187.50 per month, whichever is less. For each eligible
full-time employee who selects family coverage, the Employer will
, contribute the cost of such family coverage or $330 per month,
whichever is less.
.
15
ARTICLE 14. INSURANCE, Section 1. (continued):
�
1 .5.2 Effective January 1, 1998, for each eligible employee covered by this
Agreement who is employed full time and who selects employee
insurance coverage, the Employer agrees to contribute the cost of such '
coverage or $197.50 per month, whichever is less. For each eligible
full-time employee who selects family coverage, the Employer will
contribute the cost of such family coverage or $340 per month, `
whichever is less.
1 .6 Em I�oyer Contribution Amount--Half-Time Em I�oyees: For each eligible
employee covered by this Agreement who is employed half time, the Employer
agrees to contribute fifty percent (50%) of the amount contributed for full-time
employees selecting employee coverage; or for each half-time employee who
selects family insurance coverage, the Employer will contribute fifty percent
(50%) of the amount contributed for full-time employees selecting family
coverage in the same insurance plan.
1 .6.1 Notwithstanding Section 1.6 above, employees covered by this
Agreement and employed half time prior to January 1, 1986, shall
receive the same insurance contributions as a full-time employee. This
Section 1.6.1 applies only to employees who were employed half-time
during the month of December 1985 and shall continue to apply only as
long as such employee remains continuously employed half time.
1 .7 Life Insurance: For each eligible employee, the Employer agrees to contribute
to the cost of $25,000 life insurance coverage. The total premium contribution �
by the Employer for all life insurance coverage shall not exceed $6.32 per
month. This amount shall drop to $5,000 of coverage (in the event of early
retirement) until the retiree reaches age sixty-five (65); then all Employer
coverage shall terminate.
1 .8 Flexible S e�g Account: It is the intent of the Employer to maintain during
the term of this Agreement a plan for medical and child care expense accounts to
be available to employees in this bargaining unit who are eligible for Employer-
paid premium contribution for health insurance for such expenses, within the
established legat regulations and IRS requirements for such accounts.
1 .9 The contributions indicated in this Article 14 shall be paid to the Employer's
group health and welfare plan.
1 .10 Any cost of any premium for any Employer-offered employee or family
insurance coverage in excess of the dollar amounts stated in this Article 14 shall
be paid by the employee through payroll deduction.
�
16
�� ._`c�� 8
ARTICLE 14. INSURANCE (continued):
� SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT
Subd. 1 Required Conditions for Retirees (Age 65 and Over),
� Effective January 1, 1996 through June 30, 1997
1 .1 Eligible and participating employees who retire on or after January 1, 1996,
� must meet the following conditions at the time of retirement to qualify for any
continuing District contributions toward premium payment for health insurance
at age 65 or over:
1.1 .1 Effective January 1. 1996: Required conditions for employee appointed
to service in Independent School District No. 625 in a position within
this bargaining unit prior to February 1, 1996:
Eligible employees who were appointed to positions within this
bargaining unit prior to February 1, 1996, and who retire on or after
February 1, 1996, must meet the following conditions at the time of
retirement to qualify for any District contributions of premium
payment for health insurance or life insurance:
1.1.1 .1 Be receiving pension benefits from the PERA, the Saint Paul
Teachers' Retirement Fund or other public employee retiree
program at the time of retirement and have severed the
employment relationship with Independent School District
No. 625.
� 1.1.1 .2 Employees retiring after January 1, 1996, must have
completed the following service eligibility requirements prior
to retirement in order to be eligible for any payment of any
insurance premium contribution by the District after
retirement.
A. Employees hired before June 8, 1988, must have
completed at least eight (8) years of continuous
employment with the District. For such employees or
early retirees who have not completed at least eight (8)
years of service with the District at the time of their
retirement, the Employer will discontinue providing any
health insurance contributions upon their retirement or,
in the case of early retirees, upon their reaching age 65.
B. Employees hired on or after June 8, 1988 but before
January 1, 1990, must have completed at least ten (10)
years of continuous employment with the District. For
such employees or early retirees who have not completed
at least ten (10) years of service with the District at the
' time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their
retirement or, in the case of early retirees, upon their
" reaching age 65.
•
17
ARTICLE 14. INSURANCE, Section 2. (continued):
C. Employees hired on or after January 1, 1990, must have �
completed twenty (20) years of continuous employment
with the District. For such employees or early retirees
who have not completed at least twenty (20) years of �
service with the District at the time of their retirement,
the Employer will discontinue providing any health
insurance contributions upon their retirement or, in the .
case of early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul
earned prior to February 1, 1996, will continue to be counted
toward meeting the District's service requirement of this
Subd. 1.1.1.2. Time worked with City of Saint Paul after
February 1, 1996, will be considered a break in District
employment.
1.1.1 .3 A retiree may not carry his/her spouse as a dependent if such
spouse is also an Independent School District No. 625 retiree
or Independent School District No. 625 employee and eligible
for and is enrolled in the Independent School District No. 625
health insurance program, or in any other Employer-paid
health insurance program.
1.1.1 .4 Additional dependents beyond those designated to the District at
the time of retirement may not be added at the District expense
after retirement.
1.1.1.5 The employee must make application through District �
procedures prior to the date of retirement in order to be
eligible for any benefits provided in this Section.
1 .1 .2 For employees appointed into service in Independent School
District No. 625 to positions within this bargaining unit after
February 1, 1996, and who retire prior to July 1, 1997, there is
no access to premium contributions for Retiree Health Insurance
at age 65 and over. Time worked in the City of Saint Paul prior to
February 1, 1996, will � be treated as Independent School
District No. 625 time, for such employees.
1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels
Effective January 1, 1996 through June 30, 1997 only
For eligible employees who were hired and appointed into Independent School
District No. 625 service prior to February 1, 1996, and who retire at age
sixty-five (65) or later and who meet the health insurance eligibility
requirements in Subd. 1.1 or for early retirees who qualified under the
conditions of Subd. 2.1 and who are eligible under the terms of the Medicare
supplement policy provided in this Subd. 1.2, upon reaching age sixty-five (65)
after retirement, the District will provide payment of premium contributions
for a Medicare Supplement health coverage policy selected by the District. This ,
provision is effective o n i v for employees hired into service LJi
Independent School District No. 625 before February 1, 1996, who retire
by June 30, 1997, and who have not requested participation in any
component of the Transitional Plan in Article 14, Section 2, Subd. 3.1 of -
this Agreement following hereafter. This provision expires and is null •
and void after June 30, 1997.
18
ARTICLE 14. INSURANCE Section 2. continued : � ✓ '���
� � )
� Subd. 2 Early Retiree Provisions,
Effective January 1, 1996 through June 30, 1997
' 2.1 This provision will be available to eligible employees hired before
February 1 , 1996 and eligible employees hired on or after
February 1, 1996, who retire before June 30, 1997, and meet the required
` conditions below.
The employee must meet the following conditions at the time of early retirement
in order to be eligible for any payment of any insurance premium contribution
by the Employer after his/her retirement (early retirement and subsequently
after age 65):
2.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers'
Retirement Fund or other public employee retiree program at the time
of retirement and have severed the employment relationship with
Independent School District No. 625.
2.1 .2 Fmnlovees hired into District service before FebruaCy 1� 1996,
and retiring afte� January 1, 1996, must have completed the following
service eligibility requirements with Independent School District No.
625 prior to retirement in order to be eligible for any payment of any
insurance premium contribution by the District after retirement:
� A. Must be at least fifty-five (55) years of age and have completed
twenty-five (25) years of service; o r
B. The combination of their age and their years of service must equal
eighty-five (85) or more; o r
C. Must have completed at least thirty (30) years of service; or
D. Must have completed at least twenty (20) consecutive years of
service within Independent School District No. 625 immediately
preceding retirement.
Years of regular service with the City of Saint Paul will
continue to be counted toward meeting the service
requirement of this Subd. 2.1.2 A, B or C, but not for
Subd. 2.1.2 D.
2.1 .3 �ployees hired into District service after February 1. 1996, and
retiring after January 1, 1996 must have completed twenty (20)
years of service with Independent School District No. 625. Time with
the City of Saint Paul will not be counted toward this twenty
(20)-year service requirement.
2.1 .4 A retiree may not carry his/her spouse as a dependent if such spouse is
also an Independent School District No. 625 retiree or Independent
School District No. 625 employee and eligible for and is enrolled in the
� Independent School District No. 625 health insurance program, or in
any other Employer-paid health insurance program.
19
ARTICLE 14. INSURANCE, Section 2. (continued):
�
2.1 .5 Additional dependents beyond those designated to the District at the time
of retirement may not be added at the District expense after retirement.
2.1 .6 The employee must make application through District procedures prior
to the date of retirement in order to be eligible for any benefits
provided in this Section. �
2.2 Early Retiree Health Insurance: Employer Contribution Levels
The District will for the period of this Agreement provide for employees who
meet the eligibility requirements for health insurance in 2.1 above, who retire
during the term of this Agreement, and until such employees reach sixty-five
(65) years of age, such health insurance premium contributions up to the same
dollar amount as were made by the District for health insurance for single or
family coverage by that carrier for an employee under this Agreement, in
his/her last month of active employment. In the event new carriers replace
those in place at execution of this Agreement, the dollar amounts being paid for
single or family coverage to the carrier at the employee's date of retirement
shall constitute the limit on future contributions. Any employee who is receiving
family coverage premium contribution at date of retirement may not later claim
an increase in the amount of the Employer obligation for single coverage
premium contributions to a carrier after deleting family coverage.
2.3 Early Retiree Life Insurance: Employer Contribution Levels
The District will provide for early retirees who qualify under the conditions of �
2.1 above, premium contributions for eligible retirees for $5,000 of life
insurance only until their 65th birthday. No life insurance will be provided, or
premium contributions paid, for any retiree age sixty-five (65) or over.
�
20
ARTICLE 14. INSURANCE, Section 2. (continued): ��� I"l"l�
�
Subd. 3. Retirement Benefits Transitional Plan
� Background Information:
In the negotiation of this Labor Agreement for the 1996-1998 term, it was the intent of
' the parties to develop a long-range plan for retirement benefits which could be available
to employees and managed by the District on a currently funded benefit basis, and at the
same time to gradually phase out the unfunded future financial liability being generated
by the open-ended provision of retirement health insurance premium contribution
identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits
Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan
for accomplishing that goal by providing current active employees with the choice of one
of three alternative benefits available during or at the conclusion of their careers in this
District, which if prudently used, can effectively serve the purpose of assisting the
employee in financial planning and preparation for his/her retirement. In addition, the
plan design provides for future employees; i.e., those hired on or after
February 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 matchin� funds, which if prudently and consistently used, can
effectively assist the employee in financial planning for retirement.
3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age
sixty-five [65]).
� Employees hired before February 1, 1996, and employees hired on or t r
February 1, 1996, who fulfill the specified following conditions listed below
will be eligible for District contribution to payment of premiums for health
insurance coverage during early retirement (i.e., until the retiree reaches age
sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this
Section.
3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers'
Retirement Fund or other public employee retiree program at the time
of retirement and have severed the employment relationship with
Independent School District No. 625.
3.1.2 Employees hired before February 1, 1996, must have completed
continuous employment requirements in Subd. 2.1.2. Em I�oyees hired
and a{��ointed into Independent School District No. 625 service on or
after Februarv 1. 1996. must have com�leted twenty (20) years of
�ontinuous em I�oyment with Inde�endent School District No. 625 prior
to retirement in order to be eligible for any payment of any insurance
premium contribution by the District after retirement. Time worked
in City of Saint Paul will be counted only for Earlv Retiree
. premium contribution by the District for employees hired into
Independent School District No. 625 service after
February 1, 1996. Insurance premium contribution for such
employees shall cease when the employee reaches age
sixty-five (65).
•
21
ARTICLE 14. INSURANCE, Section 2. (continued):
�
3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is
also an Independent School District No. 625 retiree or Independent
School District No. 625 employee and eligible for and is enrolled in the '
Independent School District No. 625 health insurance program, or in
any other Employer-paid health insurance program.
3.1 .4 Additional dependents beyond those designated to the District at the time
of retirement may not be added at the District expense after retirement.
3.1 .5 The employee must make application through District procedures prior
to the date of retirement in order to be eligible for any benefits
provided in this Section.
3.2 Deferred Compensation Plan for Employees Hired Into Independent School
District No. 625 Service on or after February 1, 1996:
3.2.1 New employees hired on or after February 1, 1996, will after
completing three (3) full years of consecutive active service in
Independent School District No. 625 to attain eligibility, be eligible to
receive up to $5D0 per year of matching contributions to the Minnesota
Deferred Compensation Plan, so long as the employee remains in
continuous active service, up to a cumulative lifetime maximum of
$12,500 total in matching contributions by the District. Part-time
employees working half-time or more will be eligible for up to one half
(50%) of the available District match. Approved non-compensatory �
leave shall not be counted in reaching the three (3) full years of
consecutive active service, and shall not be considered a break in
service. Time worked in the City of Saint Paul will not be counted
toward this three (3)-year requirement.
Federal and state rules governing participation in the Minnesota
Deferred Compensation Plan shall apply. The employee, not the
District, is solely responsible for determining his/her total maximum
allowable annual contribution amount under IRS regulations.
The employee must initiate an application to participate through the
District's specified procedures.
3.2.2 No employee hired on or after February 1, 1996, shall have or
acquire in any way any elfgibllity for Employer-paid health
insurance premium contribution for coverage in retirement at age
sixty-five (65) and over. Employees hired on or after
February 1, 1996, shall be eligible only for earlv retirement health
insurance premium contribution as provided in Subd. 3.1.
•
22
��� _ i���
ARTICLE 14. INSURANCE, Section 2. (continued):
� 3.3 Employees Hired into Independent School District No. 625 service before
February 1 , 1996.
' A choice among three (3) possible options is available only to employees hired
and appointed into Independent School District No. 625 service before
February 1, 1996. Once the employee makes a choice of one of these options,
� that choice is irrevocable, and the other options are no longer accessible to the
employee at any time, for any reason. The options are listed here, and detailed in
the following subparagraphs:
• Option 1 - Transitional Retiree Age 65 and Over Insurance Option
• Option 2 - Minnesota Deferred Compensation Plan Option
• Option 3 - Transitional Severance Allowance Option
3.3.1 R�uired Conditions for ALL Retirees. effective January 1. 1996.
Eligible employees who retire on or after January 1, 1996, must meet
the conditions and eligibility requirements specified below in this
Section 3.3.1 to be eligible for any of the options listed in 3.3 and in
the following Subparagraphs.
3.3.1.1 Be receiving pension benefits from the PERA, the Saint Paul
Teachers' Retirement Fund or other public employee retiree
program at the time of retirement and have severed the
� employment relationship with Independent School District
No. 625.
3.3.1.2 Employees hired before February 1, 1996, must have
completed continuous employment requirements in
Subds. 1.1.1.2 through 1.1.1.5.
Years of certified civil service time with the City of Saint Paul
earned prior to February 1, 1996, will continue to be
counted toward meeting the District's service requirement in
this Subd. 3.3.1.2. Time worked with the City of Saint
Paul after February 1, 1996, will be considered a break
in District employment.
3.3.1.3 A retiree may not carry his/her spouse as a dependent if such
spouse is also an Independent School District No. 625 retiree
or Independent School District No. 625 employee and eligible
for and is enrolled in the Independent School District No. 625
health insurance program, or in any other Employer-paid
health insurance program.
3.3.1.4 Additional dependents beyond those designated to the District at
, the time of retirement may not be added at the District expense
after retirement.
3.3.1.5 The employee must make application through District
procedures prior to the date of retirement in order to be
• eligible for any benefits provided in this Section.
23
ARTICLE 14. INSURANCE, Section 2. (continued):
�
3.3.2 Ontion 1 - Transitional Retiree Age 65 and Over Insurance O tion
Conditions: '
• An employee who has earlier elected to participate in Option 2 -
Minnesota Deferred Compensation Plan Option (3.3.3 below) is '
not eligible for this provision, and cannot change his/her original
decision.1
• An employee who elects at retirement to participate in Option 3 -
Transitional Severance Allowance Option (3.3.4 below) is not
eligible for this provision.
• An employee who elects participation in this provision at
retirement must irrevocably waive participation in the Option 3
- Transitional Severance Allowance Option, but is not required to
waive eligibility for Severance Pay provided in the Article 13,
Severance Pay of this Agreement.
• The employee must initiate application to participate through
specified District procedures.
3.3.2.1 Effective July 1, 1997, for employees hired before
February 1, 1996, who retire at age sixty-five (65) or
later and who are eligible under Subd. 3.3.1 of this Article and �
the terms of the policy provided in this Subd. 3.3.2, or for
early retirees who qualified under the conditions of Subd. 3.1
above and who are eligible under the terms of the policy
provided in this Subd. 3.3.2 upon reaching age sixty-five
(65) after retirement, the District will provide contributions
toward premium payment as specified herein, for a Medicare
Supplement health coverage policy selected by the District.
Effective June 30, 1997, premium contributions by the
District toward retiree health insurance coverage at and after
age sixty-five (65) will not exceed:
Coverage Tvne Sinale Fami�X
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.
24
ARTICLE 14. INSURANCE, Section 2. (continued): �'C�� C"���
�
3.3.3 Ontion 2 - Minnesota Deferred Comqensation Plan O tp ion
' Effective July 1, 1997, employees hired before February 1, 1996,
who have completed at least three (3) full years of continuous active
service within Independent School District No. 625 can become eligible
' to participate in Minnesota Deferred Compensation Plan and receive
matching contribution by the District up to a maximum of $500
annually, for a maximum lifetime total of $12,500 in matching
contributions (as provided in 3.2 of this Subdivision). Time worked in
City of Saint Paul prior to February 1, 1996, will be counted toward
meeting this three (3)-year service requirement.
Conditions:
• The employee must irrevocably waive Option 1 - Transitional
Retiree age 65 and over Insurance Option as provided in 3.3.2
above of this Subdivision.
� • The employee must irrevocably waive Option 3 - Transitional
Severance Allowance prior as provided under 3.3.4 (below) of
this Subdivision.
• The employee is not required to waive eligibility for Severance
� Pay provided in the Article 13, Severance Pay of this Agreement.
• The employee must initiate an application to participate through
the District's specified procedures.
Matching contribution by the District can only occur so long as the
employee remains in continuous active service in the District, and shall
not exceed $500 per year, with a cumulative lifetime maximum total of
$12,500. Approved non-compensatory leave shall not be considered a
break in service and shall not be counted in completing the three (3)
year requirement.
Eligible part-time employees assigned to .5 FTE or more, shall be
eligible for up to one-half (1/2) the annual match by the District.
�
25
ARTICLE 14. INSURANCE, Section 2. (continued):
3.3.4 n - ii n i v II w n i �
Effective July 1, 1996 through June 30, 2017
3.3.4.1 Conditions for participation in this specified Transitional
Severance Allowance Option:
• The employee must irrevocably waive Option 1 -
Transitional Retiree Age 65 and over Insurance Option as
provided in 3.3.2 (above) of this Subdivision.
• An employee who has earlier elected to participate in
Option 2 - Minnesota Deferred Compensation Plan Option
(3.3.3 above) is not eligible for this provision, and cannot
change his/her original decision.�
• The employee must have completed at least twenty (20)
full years of continuous active service in Independent
School District No. 625 (not including periods of non-
compensatory leave). Time worked in the City of
Saint Paul prior to February 1, 1996, will be counted
toward meeting this eligibility requirement.
• The employee must be voluntarily separated from District
employment. Those employees who are discharged for
cause, misconduct, inefficiency, incompetency or any other �
disciplinary reason are not eligible for this Transitional
Severance Pay Option.
• The employee must file a waiver of reemployment with the
Director of Human Resources, which will clearly indicate
that by requesting severance pay, the employee waives all
claims to reinstatement or reemployment (of any type)
with Independent School District No. 625.
• The employee must be at least age fifty-five (55),
retiring from Independent School District No. 625 service,
and eligible for pension under Minnesota PERA or
Saint Paul Teachers' Retirement Fund.
• The employee must have a minimum of sixty (60) days
accumulated unused sick leave on his/her record at the date
of retirement in order to qualify for the full Transitional
Severance Allowance. Any employee who does not meet this
condition will forfeit $7,500 of the Transitional
Severance Allowance specified for that year of his/her
retirement.
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.
26
q� - ��� �
ARTICLE 14. INSURANCE, Section 2. (continued):
i • The employee must elect to waive all severance pay
described in Article 13, Severance Pay of this Agreement
(for up to $7,500) in favor of this option.
• The employee must provide to the District the required
waivers and signed resignation by April 1 of the school
� year in which he/she intends to retire. Appeal of this
deadline, based on emergency or extraordinary
circumstances, will be considered by the District.
• The employee must initiate application to participate
through specified District procedures.
3.3.4.2 When application has been made, and all of the above conditions
have been met, the employee will be deemed eligible for
severance pay allowance equal to the lesser of one year's
salary at his/her current salary or a maximum amount as
prescribed herein:
For Retirements in Maximum Transitional
School/Fiscal Year Severance Pay Allowance
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
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.
Such amount will normally be paid out according to District
established procedures, in equal installments over
five (5) years from the date of retirement; exception will be
made in the event of the death of the employee; special or
emergency appeal for earlier payment will be considered by
the District.
� 3.3.4.3 There is no access to the benefits of this Option 3 -
Transitional Severance Pay Allowance for the spouse or estate
of an active employee who dies having not yet actually retired.
� A surviving spouse however mav be eligible for severance pay
� as provided in the Article 13, Severance Pay section of this
Agreement.
27
ARTICLE 14. INSURANCE, Section 2. (continued):
�
3.3.4:4 At no time, and under no circumstances shall this Option
3 - Transitional Severance Allowance Option be available
to any person hired by the District into Independent '
School District No. 625 service on or after
February 1, 1996.
This Option 3 - Transitlonal Severance Aliowance Option
expires on June 30, 2017, and will be thereafter null and
void.
3.3.5 Choice of O tip ons:
It will be apparent to current employees that if Option 2 -
Minnesota Deferred Compensation Plan Option in Subd. 3.3.2
is to be elected by the employee, that choice should be made at
the earliest possible date, in order to allow for the greatest
possible growth in the account. If, however, the current
employee prefers to keep open the possible selection of Option
1 - Transitional Retiree Age 65 and Over Insurance Option
(Subd. 3.3.2) O R Option 3 - Transitional Severance
Allowance Option (Subd. 3.3.4), that decision can be made
shortly before actual retirement. Once made, the decision is
irrevocable. District Benefits Office will provide information
upon request.
3.3.5.1 If state and federal law permits, and the option �
remains available from carriers, the District will
allow eligible retirees at age 65 who were hired '�
Independent School District No. 625 service before
February 1, 1996, and who have completed the
requirements in Subd. 3.3.1, to continue on a
self-paid basis, to participate in the retiree group
plan for Medicare supplement then made available by
the District. The retiree must make application
pursuant to District procedures, and must have or
obtain Medicare Part B coverage at his/her own
expense. No monetary contribution to premium cost
or medical costs of any kind will be made by the
District. The retiree will be responsible for the
timely payment of premiums, and failure to do so
will result in discontinuance of the coverage and the
option to participate.
�
28
��✓ ���
ARTICLE 15. PROBATION (Effective first of the month following final approval)
�
15.1 General Principles: This Article is effective for appointments made on or after
June 1, 1994. For the purpose of this Articie six (6) months shall mean six
(6) fuli-time equivalent months (1,040 hours on the payroll). The calculation
for time on probation will exclude any unpaid breaks not worked by the
employee. Extended absences of any kind (paid or unpaid) lasting one week or
' more in duration may be excluded when calculating time toward the completion of
any probationary period.
15.1 .1 If a District employee who is covered by this Agreement transfers to a
position in the City of Saint Paul, that employee will have the right to
return to his/her former position or to a position to which the
employee may have been transferred or assigned prior to the new
assignment, during or immediately at the conclusion of that
probationary period, if the employee fails probation in the City
position.
15.2 Original Employment Probation: A new employee shall serve a six (6) month
probationary period, as defined in 15.1, above, following regular appointment
from an eligible list to a position covered by this Agreement. At any time during
this original probationary period, the employee may be suspended, disciplined or
discharged at the discretion of the Employer, and without recourse to the
grievance procedure.
15.3. Promotional Probation: An employee newly promoted to a position covered by
� this Agreement shall remain on promotional probation for a period of six (6)
months. At any time during this probationary period, the employee may be
returned to the employee's previous position or to a position to which the
employee could have been transferred or assigned prior to the promotion, at the
discretion of the Employer, and without recourse to the grievance procedure.
�
29
ARTICLE 16. SENIORITY
�
16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The
length of continuous, regular, and probationary service with the Employer from
the date an employee was first certified and appointed to a class title covered by
this Agreement, it being further understood that seniority is confined to the
current class assignment held by an employee. In cases where two or more
employees are appointed to the same class title on the same date, the seniority �
shall be determined by employee's rank on the eligible list from which
certification was made.
16.2 Seniority shall terminate when an employee retires, resigns or is discharged.
16.3 In the event it is determined by the Employer that it is necessary to reduce the
workforce, employees will be laid off by class title within each department based
on inverse length of seniority as defined above. However, when layoff occurs in
any of the titles listed below under Column A, layoff shall be based on inverse
� length of total seniority in all titles listed on the corresponding line under
Column B.
The Human Resource Department will identify such least senior employee in the
department reducing positions, and shall notify said employee of his/her
reduction from the department. If there are any vacancies in any of the titles
under Column B on which seniority was based, in any other District department,
the Human Resource Department shall place the affected employee in such
vacancy. If two or more vacant positions are available, the Human Resource
Department shall decide which vacant positions the affected employee shall fill. �
If no vacancy exists in such titles, then the least senior District employee in such �
titles shall be identified, and if the employee affected by the original
departmental reduction is more senior, he/she shall have the right to claim that
position and the least senior District employee in such titles shall be the
employee laid off. For the purposes of this Article, the Board of Education is not
included as a City department nor is a Board of Education employee included as a
City employee.
�olumn A Column B
Clerk I Clerk I, Clerk II
Clerk II Clerk I, Clerk II
Clerk-Typist I Clerk-Typist I, Clerk-Typist II
Clerk-Typist 11 Clerk-Typist II, Clerk-Typist I
Clerk-Stenographer I Clerk-Stenographer I,
Clerk-Stenographer II
16.4 In cases where there are promotional series, such as Clerk I, II, III, etc., when
the number of employees in these higher titles is to be reduced, employees who
have held lower titles which are in this bargaining unit will be offered
reductions to the highest of these titles to which class seniority would keep them
from being laid off, before layoffs are made by any class title within any �
department.
�
30
��- 1�.�.q
ARTICLE 16. SENIORITY (continued)
•
16.5 In cases where an employee to be laid off has held no regular appointment in a
lower title in the same promotional series as his/her current title, that
' employee will be offered a reduction to the title within the bargaining unit to
which he/she was regularly appointed immediately prior to his/her current
title, so long as there is either a vacancy or, if no vacancy exists, a less senior
� employee in such title may be displaced. In cases where an employee to be laid off
has held no regular appointment to any titles immediately prior to his/her
current title, said employee shall be laid off. The employee reducing into a title
formerly held must satisfactorily complete a six (6)-month probationary period
in such title.
If the probationary period is not satisfactory, the employee shall, at any time
during the probationary period, be reinstated to his/her former title and shall be
laid off, but such employee's name will be placed on the reinstatement register in
his/her former title and "bumping" rights herein shall not again apply to such
employee.
This procedure will be followed by the Board of Education for Board of Education
employees. City employees being reduced or laid off may not displace Board of
Education employees. Board of Education employees being reduced or laid off may
not displace City employees.
16.6 It is understood that such employees will pick up their former seniority date in
any class of positions that they previously held.
� 16.7 Recall from layoff shall be in inverse order of layoff, except that recall rights
shall expire after two years of layoff.
16.8 The provisions of this Article are applicable only to positions within the
bargaining unit covered by this Agreement.
�
31
ARTICLE 17. DISCIPLINE
•
17.1 The Employer will discipline employees for just cause only. Discipline will be
in the form of:
17.1 .1 Oral reprimand,
17.1.2 Written reprimand;
17.1 .3 Suspension; �
17.1 .4 Reduction;
17.1 .5 Discharge.
17.2 Any written reprimand made concerning any member of this bargaining unit
which is filed with the Human Resource Department or within any Employer
department, shall be shown to the member before it is placed on file. Before the
reprimand is placed on file, the Employer shall request from the employee an
acknowledgment, in writing, that the reprimand has been read by said employee.
17.3 Suspensions, reductions, and discharges will be in written form.
17.4 Employees and the MSEA will receive copies of written reprimands and notices of
suspension and discharge.
17.5 Employees may examine all information in their Employer personnel files that
concerns work evaluations, commendations and/or disciplinary actions. Files
may be examined at reasonable times under direct supervision of the Employer.
17.6 Discharges will be preceded by a five (5)-day preliminary suspension without �
pay. During said period, the employee and/or MSEA 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.
17.7 An employee to be questioned concerning an investigation of disciplinary action
shall have the right to request that an MSEA representative be present.
17.8 A grievance relating to this Article shall be processed in accordance with the
grievance procedure in Article 19 of this Agreement. This provision is not
intended to abrogate rights of veterans pursuant to statute.
ARTICLE 18. EMPLOYEE RECORDS
18.1 Any member of the bargaining unit may, during usual working hours, with the
approval of the supervisor, review any material placed in the employee's '
personnel file, after first giving proper notice to the supervisor in custody of
such file.
18.2 Any member of the bargaining unit may file a grievance or a discrimination �
complaint and there shall be no retaliation by the Employer for such action.
32
�(� - ���-��
ARTICLE 19. GRIEVANCE PROCEDURE
�
19.1 The Employer shall recognize stewards selected in accordance with MSEA rules
and regulations as the grievance representatives of the bargaining unit. The
' MSEA shall notify the Employer in writing of the names of the stewards and of
their successors when so named.
� 19.2 It is recognized and accepted by the Employer and the MSEA 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 the
supervisor to be absent to process a grievance and that such absence would not be
detrimental to the work programs of the Employer.
19.3 The procedure established by this Article shall be the sole and exclusive
procedure, except for the appeal of disciplinary action as provided by Article 17
for the processing of grievances, which are defined as an alleged violation of the
terms and conditions of this Agreement.
19.4 Grievances shall be resolved in conformance with the following procedure:
Ste�1. Upon the occurrence of an alleged violation of this Agreement, the
� employee involved with or without the steward shall attempt to resolve
the matter on an informal basis with the employee's supervisor. If the
matter is not resolved to the employee's satisfaction by the informal
discussion, it may be reduced to writing and referred to Step 2 by the
MSEA. 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 MSEA within fourteen (14)
workdays of the first occurrence of the event giving rise to the
grievance shall be considered waived.
Ste�2. Within seven (7) workdays after receiving the written grievance, a
designated Employer supervisor shall meet with the MSEA 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 MSEA within three (3) workdays following this meeting. The MSEA
may refer the grievance in writing to Step 3 within seven (7)
workdays following receipt of the Employer's written answer. Any
grievance not referred in writing by the MSEA within seven (7)
workdays following receipt of the Employer's answer shall be
considered waived.
.
33
ARTICLE 19. GRIEVANCE PROCEDURE (continued)
�
St�3. Within seven (7) workdays following receipt of a grievance referred
from Step 2, a designated Employer supervisor shall meet with the
MSEA Business Representative or the designated representative, the '
employee, and the steward, and attempt to resolve the grievance.
Within seven (7) workdays following this meeting, the Employer shall
reply in writing to the MSEA, stating the Employer's answer concerning �
the grievance. If, as a result of the written response, the grievance
remains unresolved, the MSEA may refer the grievance to Step 4. Any
grievance not referred in writing by the MSEA to Step 4 within seven
(7) workdays following receipt of the Employer's answer shall be
considered waived.
Step 4. If the grievance remains unresolved, the MSEA may within seven (7)
workdays after the response of the Employer in Step 3, by written
notice to the Employer request arbitration of the grievance. The
arbitration proceedings shall be conducted by an arbitrator to be
selected by mutual agreement of the Employer and the MSEA within
seven (7) workdays after notice has been given. If the parties fail to
mutually agree upon an arbitrator within the said seven (7) day period,
either party may request the Bureau of Mediation Services to submit a
panel of five (5) arbitrators. Both the Employer and the MSEA shall
have the right to strike two (2) names from the panel. The MSEA shall
strike the first (1st) name; the Employer shall then strike one (1)
name. The process will be repeated and the remaining person shall be �
the arbitrator.
19.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator shall consider
and decide only the specific issue submitted in writing by the Employer and the
MSEA 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 MSEA, and the employees.
19.6 The fees and expenses for the arbitrator's services and proceedings shall be
borne equally by the Employer and the MSEA, 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.
�
34
�J ��c��
ARTICLE 19. GRIEVANCE PROCEDURE (continued)
�
19.7 The time limits in each step of this procedure may be extended by mutual
agreement of the Employer and the MSEA.
19.8 It is understood by the MSEA and the Employer that if an issue is determined by
this grievance procedure, it shall not again be submitted for determination in
- another forum. If an issue is determined by any other forum, it shall not again
be submitted for arbitration under this grievance procedure. This provision is
not intended to abrogate rights secured under state or federal statutes.
19.8.1 Notwithstanding that portion of Article 26.2 referring to laws of the
City of Saint Paul, no issue regarding actions taken under this
Agreement shall be submitted to the Civil Service Commission, except
as permitted in Article 17.8 for persons covered by veterans
preference.
ARTICLE 20. TEMPORARY EMPLOYEES
20.1 It is recognized that temporary employees are within the unit covered by this
Agreement, however, except as specifically provided by this Agreement,
� temporary employees shall not have or acquire any rights or benefits other than
specifically provided by the provisions of the Civil Service Rules and/or the
Saint Paul Salary Plan and Rates of Compensation.
ARTICLE 21 . BULLETIN BOARDS
21 .1 The Employer shall provide reasonable bulletin space for use by the MSEA in
posting notices of MSEA business and activities. Said bulletin board space shall
not be used by the MSEA for political purposes other than MSEA elections. Use of
this bulletin board is subject to approval of the department head.
�
35
ARTICLE 22. VACANCIES
�
22.1. The Human Resource Department will post notices of those job vacancies which
are to be filled at least five working days before filling the vacancy so that
qualified District employees who hold the title may apply for consideration.
22.2. For the purpose of this Article, a vacancy need not be posted if it is to be filled by
a current employee to avoid a layoff. �
22.3. For the purpose of this Article, a vacancy need not be posted if it is to be filled
through reinstatement of a laid-off School District employee covered by this
Agreement with recall rights to the vacancy.
22.4 Administrative transfers in the same title will occur occasionally prior to or
apart from the posting of vacancies.
ARTICLE 23. NON-DISCRIMINATION
23.1 The terms and conditions of this Agreement will be applied to employees equally
without regard to or discrimination for or against any individual because of race,
color, creed, sex, age or because of inembership or non-membership in the
MSEA. �
23.2 Employees will perform their duties and responsibilities in a
non-discriminatory manner as such duties and responsibilities involve other
employees and the general public.
�
36
G�� - 1 Gl��
ARTICLE 24. NO STRIKE, NO LOCKOUT
.
24.1 MSEA, the Association, its officers or agents, or any of the employees covered by
this Agreement will not engage in, encourage, sanction or support any strike, or
the withholding in whole or in part of the full performance of their duties during
the life of this Agreement, except as specifically allowed by the Public
Employment Labor Relations Act. In the event of a violation of this Article, the
� Employer will warn employees of the consequences of their action and shall
instruct them to immediately return to their normal duties. Any employee who
fails to return to his/her full duties within twenty-four (24) hours of such
warning may be subject to the penalties provided in the Public Employment
Labor Relations Act.
24.2 No lockout, or refusal to allow employees to perform available work, shall be
instituted by the Employer and/or its appointing authorities during the life of
this Agreement.
ARTICLE 25. LEGAL SERVICES
25.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the
Employer shall defend save harmless and indemnify employee against tort claim
or demand whether groundless or otherwise arising out of alleged acts or
� omission occurring in the pertormance or scope of the employee duties.
25.2 Notwithstanding 25.1, the Employer shall not be responsible for paying any legal
service fee or for providing any legal service arising from any legal action where
the employee is the plaintiff.
�
37
��' ����
ARTICLE 26. TERMS OF AGREEMENT
� 26.1 Complete Agreement and Waiver of Bargaining: This Agreement shall represent
the complete Agreement between the MSEA and the Employer. The parties
acknowledge that during the negotiations which resulted in this Agreement, each
had the unlimited right and opportunity to make requests and proposals with
' respect to any subject or matter not removed by law from the area of collective
bargaining, and that the complete understandings and agreements arrived at by
the parties after the exercise of that right and opportunity are set forth in this
' Agreement. Therefore, the Employer and the MSEA, for the life of this
Agreement, each voluntarily and unqualifiedly waives the right, and each agrees
that the other shall not be obligated to bargain collectively with respect to any
subject or matter referred to or covered in this Agreement.
26.2 Saving Clause: This Agreement is subject to the laws of the United States, the
State of Minnesota, and the City of Saint Paul. In 2he event any provision of this
Agreement shall hold to be contrary to law by a court of competent jurisdiction
from whose final judgment or decree no appeal has been taken within the time �
provided, such provision shall be voided. All other provisions shall continue in
full force and effect.
26.3 Term of A�reement: This Agreement shall be in full force and effect from
January 1, 1996 through June 30, 1998, and shall be automatically renewed
from year to year thereafter unless either party shall notify the other in writing
in accordance with PELRA that it desires to modify or terminate this Agreement.
In wifiess whereof, t parties have caused this Agreement to be executed this
,��day of � , 1996.
26.4 This constitutes a tative Agreement between the parties which will be
� recommended by the Negotiations/Labor Relations Manager, but is subject to the
approval of the Board of Education of Independent School District No. 625 and is
also subject to ratification by the MSEA (Saint Paul Public Schools Classified
Confidential Employees Association).
WITNESSES:
INDEPENDENT SCHOOL DIS RICT NO.625 MINNESOTA SCFIOOL
� � � � EMPLOYEES ASSOCIAII
, _ ,
� �----�
for Negotiatio s/Labor I io Manager Busine s Representati ' ; SEA
��I�. � . 1��+�W
Negotiations/Labor Rel ' ns Presiden , Saint Paul Pu lic Schools
Assistant Manager Classified Confidential Employees
Asso ' tion
� � �9g�
Date Date
Chair, ard of Education
� Date
39
APPENDIX A:TITLES AND SALARIES
Effective A B C D E F G H I �
N OTE(1� �� .5 YEA . 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15 YEAR
Grade 7
Trainee (Cterical)
12-23-95 683.89 707.99 731.09 757.09 783.11 806.60 830.80 855.73 891.85
1-4-97 700.99 725.69* 749.37 776.02 802.69 826.77 851.57 877.12 914.15 �
1-3-98 708.00 756.86 783.78 810.72 835.04 860.09 885.89 923.29
Grade 9
Clerk I
12-23-95 712.81 736.88 763.85 788.88 818.73 843.29 868.60 894.64 931.95
1-4-97 730.63 755.30' 782.95 808.60 839.20 864.37 890.32 917.01 95525
1-3-98 737.94 790.78 816.69 847.59 873.01 899.22 926.18 964.80
Grade 10
Clerk Typist I
12-23-95 729.15 753.28 776.36 804.29 830.29 855.20 880.85 907.29 944.96
1-4-97 747.38 772.11* 795.77 824.40 851.05 876.58 902.87 929.97 968.58
1-3-98 754.85 803.73 832.64 859.56 885.35 911.90 939.27 978.27
Grade 14
Clerk II
12-23-95 788.88 818.73 846.67 879.46 911.72 939.06 967.24 996.26 1,036.60
i-4-97 808.60 839.20* 867.84 901.45 934.51 962.54 991.42 1,021.17 1,062.52
1-3-98 816.69 876.52 910.46 943.86 972.17 1,001.33 1,031.38 1,073.15
r 1 �
Clerk Typist II
12-23-95 841.85 872.17 906.52 941.87 983.34 1,012.85 1,043.23 1,074.53 1,118.88
1-4-97 862.90 893.97' 929.18 965.42 1,007.92 1,038.17 1,069.31 1,101.39 1,146.85
t-3-98 871.53 938.47 975.07 1,018.00 1,048.55 1,080.00 1,112.40 1,158.32
Grade 20
Clerk III
12-23-95 898.18 941.08 978.86 1,020.43 1,065.33 1,097.29 1,130.22 1,164.12 1,209.50
1-4-97 920.63 964.61' 1,003.33 1,045.94 1,091.96 1,124.72 1,158.48 1,193.22 1,239.74
1-3-98 929.84 1,013.36 1,056.40 1,102.88 1,135.97 1,170.06 1,205.15 1,252.14
Grade 22
Clerk Typist I11
12-23-95 941.87 983.34 1,027.19 1,077.71 1,124.88 1,158.62 1,193.38 1,229.18 1,276.51
1-4-97 965.42 1007.92' 1,052.87 1,104.65 1,153.00 1,187.59 1,223.21 1,259.91 1,308.42
1-3-98 975.07 1,063.40 1,115.70 1,164.53 1,199.47 1,235.44 1,272.51 1,321.50
Grade 25
Benefits Clerk
12-23-95 1,019.30 1,063.11 1,111.41 1,159.70 1,209.11 1,245.38 1,282.75 1,321.23 1,371.32
1-4-97 1,044.78 1089.69" 1,139.20 1,188.69 1,239.34 1,276.51 1,314.82 1,354.26 1,405.60 �
1-3-98 1,055.23 1,150.59 1,200.58 1,251.73 1,289.28 1,327.97 1,367.80 1,419.66
��� NOTE: Years listed for steps are illustrative. See Article 10 for salary schedule step progression rules. �
�Step B pertains only to employees hired prior to July 1, 1996. Employees hired on or after July 1, 1996, �
will typically be placed on Step A and move to Step C after one (1) year of full-time service.
I
IU � �� ��
APPENDIX A (continued)
� Effective A B C D E F G H I
NOTE(1� �� •5 Y * 1 YEAR 2 YEAR 3 YEAR 4 YEAR 5 YEAR 10 YEAR 15 YEAR
. Grade 26
Substitute Staffing Clerk
12-23-95 1,047.41 1,094.54 1,142.85 1,194.55 1,248.43 1,285.88 1,324.46 1,364.20 1,415.58
' 1-4-97 1,073.60 1121.90' 1,171.42 1,224.41 1,279.64 1,318.03 1,357.57 1,398.31 1,450.97
1-3-98 1,084.34 1,183.13 1,236.65 1,292.44 1,331.21 1,371.15 1,412.29 1,465.48
r 27
Clerk IV
Human Resource Clerk
12-23-95 1,047.41 1,097.91 1,147.36 1,200.15 1,257.42 1,295.15 1,334.00 1,374.01 1,425.69
1-4-97 1,073.60 1125.36" 1,176.04 1,230.15 1,288.86 1,327.53 1,367.35 1,408.36 1,461.33
1-3-98 1,084.34 1,187.80 1,242.45 1,301.75 1,340.81 1,381.02 1,422.44 1,475.94
Grade 29
Benefits Technician
12-23-95 1,103.54 1,157.45 1,209.11 1,267.53 1,324.80 1,364.54 1,405.49 1,447.65 1,501.53
1-4-97 1,131.13 1186.39' 1,239.34 1,299.22 1,357.92 1,398.65 1,440.63 1,483.84 1,539.07
1-3-98 1,142.44 1,251.73 1,312.21 1,371.50 1,412.64 1,455.04 1,498.68 1,554.46
Grade 30
Secretary
12-23-95 1,136.12 1,186.69 1,240.55 1,302.37 1,361.88 1,402.73 1,444.82 1,488.17 1,543.26
� 1-4-97 1,164.52 1216.36* 1,271.56 1,334.93 1,395.93 1,437.80 1,480.94 1,525.37 1,581.84
1-3-98 1,176.17 1,284.28 1,348.28 1,409.89 1,452.18 1,495.75 1,540.62 1,597.66
Grade 31
Clerical Supervisor
Personnel Specialist I
12-23-95 1,166.43 1,218.13 1,275.40 1,333.81 1,397.85 1,439.79 1,482.98 1,527.48 1,583.76
1-4-97 1,195.59 1248.58' 1,307.29 1,367.16 1,432.80 1,475.78 1,520.05 1,565.67 1,623.35
1-3-98 1,207.55 1,320.36 1,380.83 1,447.13 1,490.54 1,535.25 1,581.33 1,639.58
Grade 32
Human Resource Information Systems Technician
Personnel Technician - Board of Education
12-23-95 1,199.05 1,256.27 1,312.46 1,374.27 1,438.28 1,481.43 1,525.88 1,571.65 1,629.26
1-4-97 1,229.03 1287.68' 1,345.27 1,408.63 1,474.24 1,518.47 1,564.03 1,610.94 1,669.99
1-3-98 1,241.32 1,358.72 1,422.72 1,488.98 1,533.65 1,579.67 1,627.05 1,686.69
Grade 36
Personnel Specialist II
12-23-95 1,338.28 1,402.34 1,465.23 1,536.00 1,610.15 1,658.46 1,708.21 1,759.46 1,822.70
1-4-97 1,371.74 1437.40' 1,501.86 1,574.40 1,650.40 1,699.92 1,750.92 1,803.45 1,868.27
1-3-98 1,385.46 1,516.88 1,590.14 1,666.90 1,716.92 1,768.43 1,821.48 1,886.95
� �1� NOTE: Years listed for steps are illustrative. See Article 10 for salary schedule step progression rules.
• �Step B pertains only to employees hired prior to July 1, 1996. Employees hired on or after July 1, 1996,
will typically be placed on Step A and move to Step C after one (1) year of full-time service.
II