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96-1450 �.-�� q � �� ;y Council File#!9 G��Q .. 1 � � h . v� Green Sheet# 35886 SOLUTION Y SAINT PAUL, MINNESOTA I� 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, 1997 Agreement between the Independent School District No. 625 and 3 School Service Employees Local #284, S.E.I.U., AFL-CIO representing Cook Managers. Yeas Na s Absent Requested by Department of: Blakey �� Office of Labor Relations Bostrom � Guerin � Harris � By' Megard ,l- Rettman � Form Appr ved by Cit ttorney Thune � B : �\e 0 " �_ Y � � Adopted by Council: Date��T`�� Approved by Mayor for Sub ission to Council Adoption Certified by Council Secretary By: �i BY� —��- �, — -- Approved by Mayor: Date / %(� By: \ DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.: 35886 q�� rYS� LABOR RELATIONS November 13, 1996 COIVTACT PERSON&PHONE: � INITIAL/DATE INITIAL/DATE JULIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. � 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY 2 CITY CLERK MUST BE ON COUNCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MGT.SERVICE DIR. ROUTING 3 MAYOR(OR ASST.) ORDER TOTAL#OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ncr�oN�QuESTEn: This resolution approves the attached January 1, 1996 through June 30, 1997 Agreement between Independent School District No. 625 and School Service Employees Loca1#284, S.E.I.U. AFL-CIO, representing Cook Managers. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MU5T ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION l. Has this person/firm ever worked under a contract for this department? CIB COMMITTEE Yes No STAFF 2. Has this person/firm ever been a city empioyee? DISTRICT COURT Yes No SUPPORTS WHICH COLJNCIL OBIECTIVE? 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answera on separate sheet and attech to green sheet INITIAT[]VG PROBLEM,ISSUE,OPPORTIJNITI'(N'ho,What,When,W6ere,Why): ��'E�� NOV � 4 1996 iWAY01CS QfFICE ADVANTAGES IF APPROVED: This resolution pertains to Boazd of Education employees only. �E�� arch C�t►t� NOV 14 1996 DISADVANTAGES IF APPROVED: �OV � DISADVANTAGES IF NOT APPROVED: ` TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED IN THE GREEN SI�ET INSTRUCTIONAL MANUAL AVAILABLE 1N THE PURCHASING OFFICE(PHONE NO.266-8900). ROUTING ORDER: Below are correct routings for the five most ftequent types of documents: CONTRACTS(assumes authoriud budget exists) COiJNCIL RESOLUTION(Amend Budgets/Accept.Grants) I. Outside Agcncy 1. Department Director 2. Department Director 2. Budget Director 3. City Attorney 3. City Attomey 4. Mayor(for contracts over 515,000) 4. Mayor/Assistant S. Human Rights(for contracu over SS0,000) S. City Council 6. Finance and Management Services Director 6. Chiof Accountant,Finance and Management Services 7. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLUTION(all others,and Ordinances) 1. Activity Manager 1. Department Director 2. Department Accountant 2. City Attomey 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Council S. Ciry Clerk 6. Chief Accountant,Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. Ciry Attorney , 3. Finance and Management Services Director 4. Cit��Clerk ,� :i. TOTAL NUMBER OF SIGNATURE,PAGES Indicate the#of pages on which signatures are required and paperclip or flag each ottheee pa�es. ACTION REQUESTED Describe what the projecdrequest seeks to accomplish in either chronological order or order of importance,whichever is most appropriate for the issue. Do not write complete srntences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presented before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which council objective(s)your projecbrequest supports by lisring the key word(s)(HOUSING,RECREATION, NEIGHBORHOODS,ECONOMIC DEVELOPMENT,BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN , INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This infortnation will be used to detetmine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM,ISSUE,OPPORTUNITY Explain the situation or conditions that created a need for yow project or request. ADVANTAGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/charter or whether there are specific ways in which the City of Saint Paul and iu citiuns will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past pmcesses might this project/request produce if it is passed(e.g.,traffic delays,noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What will be the negative consequences if the promised 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 issve 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 N0. 625 BOARD OF EDUCATION /��_rY S O SAINT PAUL PUBLIC SCHOOLS �� DATE: May 7, 1996 TOPIC: Approval of Employment Agreement between Independent School District No. 625, Saint Paul Public Schools, and School Service Employees, Local No. 284, exclusive representative for cook managers A. PERTINENT FACTS: 1) Term of contract is eighteen months from January 1, 1996 through June 30, 1997. 2) Contract changes include: 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{Zyee Health Insurance: Employer paid premium contribution caps are increased effective January 1, 1996, by$15 to$180 per month for employee coverage, or increased by $20 to $315 per month for family coverage. Effective January 1, 1997, the Employer paid premium contribution caps are further increased by $10 per month for employee or $15 for family coverage. Food Manaaers Certification: The language is changed to ensure proper certification for the District if the State or the City of Saint Paul changes the certification requirements and additional titles need to possess the certification. Pro9ression on the �alary Schedule: The language is changed to recognize step advancement on the first pay period following the anniversary date in the employee's current title, providing that employee has completed the required number of years of service for that step and worked at least 1,000 hours in the previous 12 months prior to that anniversary date. Wages: Effective December 23, 1995, all rates are increased by 1%. Effective July 1, 1996, all rates are increased by an additional 2%. 3) The District has 12 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 cook managers in this school district for whom School Service Employees, �ocal No. 284, is the exclusive representative. Duration of said Agreement is for the period of January 1, 1996 through June 30, 1997. ��-\��C� • CONTENTS � NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT Article P� 1 . Definition of Agreement..................................................................... 1 2. Recognition......................................................................................... 1 3. Check Off, Fair Share ........................................................................ 2 4. Maintenance of Standards................................................................... 2 5. Grievance Procedure.......................................................................... 3 6. Nondiscrimination.............................................................................. 5 7. Holidays.............................................................................................. 6 8. Sick Leave .......................................................................................... 7 9. Hours, Overtime................................................................................. 7 10. Vacations............................................................................................. 8 1 1 . Lunch Break....................................................................................... 8 1 2 Civil Service Examinations................................................................ 8 13. Layoff Notice....................................................................................... 8 � 14. Insurance Benefits.............................................................................. 9 15. Severance Pay. . 2 2 16. Working Conditions............................................................................ 2 4 17. Court Duty.......................................................................................... 2 5 18. Sick Leave Conversion........................................................................ 2 5 19. Discipline and Discharge.................................................................... 2 5 2 0. Leaves................................................................................................. 2 6 21 . Uniforms............................................................................................ 2 7 22. Wages.................................................................................................. 2 7 23. Duration of Agreement....................................................................... 2 8 �4�nendices A. Vacation 6. Wage Scale C. Initial Step Progression • iii ��o ARTICLE 1 . DEFINITION OF AGREEMENT • SECTION 1. Parties: This Agreement is entered into between the Board of Education, . Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board of Education, and School Service Employees Local No. 284, S.E.I.U. (certified by the Director of the Bureau of Mediation Services as the exclusive representative), , hereinafter referred to as Local No. 284, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. SECTION 2. Pur�: The purpose of this Agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE 2. RECOGNITION SECTION 1. The Board of Education recognizes Local No. 284 as the certified exclusive representative for the following unit: All food senrice personnel in the classifications of Catering Coordinator, Food � Preparation Supervisor, Food Quality Control Assistant, and School Lunch Coordinator employed by Independent School District No. 625, who are employed for more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding all other employees. SECTION 2. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section 1 of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. , • 1 ARTICLE 3. CHECK OFF, FAIR SHARE • SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments and once . each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees � shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed 85% of the Union membership dues amount. This provision shall remain operative only so long as specifically provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85% of regular membership dues, the full amount permitted by law may be assessed by the Union. SECTION 3. The Union will indemnify, defend, and hold the School District harmless against any � claims made and against any suits instituted, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MAINTENANCE OF STANDARDS SECTION 1. The Employer agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. . • 2 ��o ARTICLE 5. GRIEVANCE PROCEDURE • SECTION 1. , This grievance procedure is established to resolve any specific dispute between the employee and the School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. . SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received � the approval of the designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances. SECTION 4. A grievance shall be resolved in the following manner: u . 1. Ste{�1: Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is later, discuss the complaint orally with the Director of School Food Service (or other representative designated by the Superintendent). The Director of School Food Service (or SuperintendenYs representative) shall attempt to adjust the complaint at that time. • 3 ARTICLE 5. GRIEVANCE PROCEDURE (continued) • Subd• 2• Step 2: If the grievance is not resolved through oral discussion and concluded within five (5) working days, the employee may appeal the grievance to , Step 2 by placing the grievance in writing, setting forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the remedy requested. This written statement shall be presented to the Director of School � Food Service for formal discussion and written response. The formal discussion of the grievance shall be within ten (10) working days of the receipt of the written grievance by the Director of School Food Service. A reply shall be given to the employee and the Union in writing within ten (10) days following the formal discussion. If the employee is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. Subd. 3. Ste�3: A grievance not resolved in Step 2 and appealed to Step 3 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 3 by the employee and the Union within fifteen (15) working days after the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the employee and the Union within fifteen (15) working days shall be considered waived. If appealed, the written grievance shall be presented by the employee and the Union and discussed with the Superintendent of Schools or designated representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shall give the Union the Employer's Step 3 answer in writing within ten (10) working days following the presentation and discussion of the matter. � If the employee is not satisfied with the findings on Step 3, the Union may request arbitration within ten (10) working days after receipt of the Employer's reply on Step 3. Subd. 4. Ste�4: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services. SECTION 5. The arbitrator shall have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. . • 4 ��-\��O ARTICLE 5. GRIEVANCE PROCEDURE (continued) • 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, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever � be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. � SECTION 6. Election of Remedies and Waiver: A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another form as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. ARTICLE 6. NONDISCRIMINATION SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or non membership, or because of race, color, sex, religion, national origin or political opinion or affiliations. • 5 ARTICLE 7. HOLIDAYS • SECTION 1. Regular or provisional employees in the bargaining unit shall be granted holidays off with pay provided, however, that their names have appeared on the payroll on any six � (6) working days of the nine (9) working days preceding the holiday, or on 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 a holiday be counted as a working day; holiday pay is assured for the Labor Day, Christmas Day, and New Year's Day holidays, for any active and regularly-working employee. The following days are declared to be the holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veterans' Day November 11 (see 1.1 below) • Thanksgiving Day Fourth Thursday in November Christmas Day December 25. If one of the above listed holidays falls on a day when school is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday. All employees will be expected to work on all days when school is in session, except when on approved leave. 1 .1 Notwithstanding the days tisted above, the Employer may at any time during the 1995-96 school year designate the Friday after Thanksgiving as a paid holiday. In the event of such designation, Veteran's Day shall be deleted from the paid holidays list as set forth above. In addition, one floating holiday per contract year is to be granted subject to prior approval of the employee's supervisor. To be eligible for the floating holiday, a regular or provisional employee must work at least an equivalent of four (4) full biweekly pay periods (320 hours) per contract year. Regular or provisional employees who work an . equivalent of thirteen (13) full biweekly pay periods (1,040 hours) per contract year shall receive an additional floating holiday. Holiday pay will be paid on the basis of the employee's regularly scheduled number of hours in the work day. � • 6 ��-��c� ARTICLE 8. SICK LEAVE � SECTION 1. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on � the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half (1/2) hour past his/her regular scheduled starting time. The granting of sick leave ' shall be subject to the terms and provisions of this Agreement. SECTION 2. Specified Allowable Uses of Sick Leave 2.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother-in-law, father-in-law, or other person who is a member of the household, and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 2.2 An employee who works twelve (12) consecutive months per year for an average of twenty (20) or more hours per week may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for � sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota Statute § 181.9413 and shall remain available so long as provided in Statute. 2.3 Up to five (5) days of leave per year shall be allowed for serious family illness emergency limited to the immediate family, which includes: spouse, parents and children. The days allowed and used shall be deducted from accumulated sick leave. ARTICLE 9. HOURS, OVERTIME SECTION 1. Hours: This Section is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normal work day shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shall be an average of forty (40) hours of work. SECTION 2. Overtime: Overtime is to be paid for at the rate of time and one-half (1/2) for all assigned hours worked on the job in excess of forty (40) hours per week, . on payroll. • 7 ARTICLE 10. VACATIONS • SECTION 1. Vacations shall be earned by eligible employees on the basis of the formula stated in � Appendix A attached. Upon written notice to the employee's supervisor and upon the supervisor's written approval, an employee may carry over up to one hundred twenty (120) hours of accrued, unused vacation time into the next calendar year. Any accrued, , unused vacation time in excess of one hundred twenty (120) hours will be forfeited at the end of the calendar year in which it is earned. ARTICLE 1 1 . LUNCH BREAK SECTION 1. All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE 12. CIVIL SERVICE EXAMINATIONS � SECTION 1. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination. ARTICLE 13. LAYOFF NOTICE SECTION 1. Whenever possible, two (2) weeks of notice shall be given any employee laid off. • 8 ��-��o ARTICLE 14. INSURANCE BENEFITS • Health and Welfare benefits shall be provided under the plan carried by Independent School District No. 625 for employees. � The Employer will attempt to prevent any changes in the benefits offered by a health maintenance organizations plan. However, employees selecting a plan offered by a health maintenance organization agree to accept any changes in benefits which the specific � health maintenance organization implements. SECTION 1. ACTIVE EMPLOYEE INSURANCE Subd. 1. Effective January 1. 1996, the Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $180 per month for each full-time employee who is eligible for such coverage, and who selects single coverage; or up to $315 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. Subd• 2. Effective Januar� 1. 1997, the Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $190 per month for each full-time employee who is eligible for such coverage, and who selects single coverage; or up to $330 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. Subd. 3. Contribution Status: 3.1 Full-time Status: Eligible employees regularly assigned more than six (6) hours per day will receive the full Employer contribution amount. 3.2 Half-Time Status: For eligible employees regularly assigned four (4) to � six (6) hours work per day, the Employer will contribute up to one-half of the full Employer contribution amount. 3.2.1 An employee with full contribution as of January 1, 1990, who is reduced to half-premium eligibility hours because of health disability or Employer-initiated hours reduction, shall not be reduced in premium contributions for twelve (12) calendar months from the date of his/her hours reduction, so long as he/she remains actively employed at the half-premium eligibility level. Subd. 4. Life Insurance: The Employer will contribute to the cost of $20,000 life insurance coverage in addition to $5,000 basic life insurance. This brings the total life insurance coverage to $25,000. The cost to the Employer for both basic and additional life insurance coverages shall not exceed $6.32 per month. The additional life insurance coverage and Employer contribution toward additional life insurance premiums terminates at retirement. Subd. 5. Dental Insurance: The Employer agrees to contribute up to $26 per month to the premium cost for a dental plan selected by the ,Employer, for each employee who is eligible for such coverage. Subd. 6. Flexibility 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 . legal regulations and IRS requirements for such accounts. Subd• 7. Any premium costs in excess of the amounts stated above shall be paid by the • employee, by means of payroll deduction. 9 ARTICLE 14. INSURANCE BENEFITS (continued): SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT • Subd. 1. Required Conditions for Retirees �ae 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 January 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to January 1, 1996, and who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. � 1.1.1 .2 Employees retiring after January 1, 1996, must have completed 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 January 1, 1989, must be continuously employed with the District. B. Employees hired on or after January 1, 1989, must have completed at least twenty (20) years of continuous employment with the District. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the District's service requirement of this Subdivision 1.1.1.2. Civil service time worked with City of Saint Paul after January 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. 10 ��-�� ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 1 .1.1 .4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense � after retirement. 1.1.1 .5 The employee must make application through District � procedures prior to the. date of retirement in order to be eligible for any benefits provided in this Section. 1 .1 .2 For employees appointed into service in Independent School District No. 625 to positions within this bargaining unit after January 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age 65 and over. 1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels Effective Janusry 1, 1996 through June 30, 1997 only For eligible employees who were hired and appointed into Independent School District No. 625 service prior to January 1, 1996, and who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements in Subdivision 1.1 or for early retirees who qualified under the conditions of 2.1 are eligible under the terms of the Medicare supplement policy provided in this Subd. 1.2 upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare • Supplement health coverage policy selected by the District. This provision is effective onlv for employees hired before January 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. Subd• 2. Early Retiree Provisions, Effective January 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired b ef o r e January 1, 1996, and eligible employees hired on or after January 1, 1996, who retire before June 30, 1997, and meet the required conditions below. The employee must meet the following conditions at the time of early retiremer�t 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. • 11 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 2.1 .2 Em I�oyees hired into District service before January 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, or; B. The combination of their age and their years of service must equal eighty-five (85) or more, or; 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 Subdivision 2.1.2 A, B or C, but not for 2.1.2 D. 2.1 .3 Em I{Loyees hired into District service after January 1. 1996, and retiring after January 1, 1996 must have completed twenty _(20) • years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20) year 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. 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. • 12 ��-�� o ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 2.2 Early Retiree Health Insurance: Employer Contribution Levels ' The District will for the period of this Agreement provide 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. � Subd. 3. fietirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1995-1996 term, it was the intent of the parties to develop a long-range plan for retirement benefits which could be available to employees and managed by the District on a currently funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of retirement health insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan for accomplishing that goal by providing current active employees with the choice of one of three alternative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for his/her retirement. In addition, the plan design provides for future employees; i.e., those hired on or after January 1, 1996, the opportunity (after completing three [3] full years of consecutive active service) to participate in a deferred compensation savings plan with - specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee in financial planning for retirement. • 13 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). « Employees hired before January 1, 1996, and employees hired on or after January 1, 1996, who fulfill the specified following conditions listed below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.1 .2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subdivisions 2.12. Employees hired and a��ointed into Independent School District No 625 service on or after January 1. 1996. must have comqleted twenty (20) years of continuous em I{Zoyment with Inder�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 not be counted for employees hired into Independent School District No. 625 service after � January 1, 1996. 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. • 14 �.�-��50 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.2 Deferred Compensation Plan for Employees Hired Into Independent School w District No. 625 Service on or after January 1, 1996: 3.2.1 New employees hired on or after January 1, 1996, will after completing three (3) full years of consecutive active service in a Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the District. Part-time employees working half-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. THE EMPLOYEE MUST INITIATE AN APPLICATION TO PARTICIPATE THROUGH THE DISTRICTS SPECIFIED PROCEDURES. • 3.2.2 No employee hired on or after January 1, 1996, shall have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over. Employees hired on or after January 1, 1996, shall be eligible only for earlv retirement health insurance premium contribution as provided in Subd. 3.1. 3.3 Employees Hired into Independent School District No. 625 service before January 1 , 1996. A choice among three (3) possible options is available only to employees hired and appointed into Independent School District No. 625 service before January 1, 1996. Once the employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are listed here, and detailed in the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2 - Minnesota Deferred Compensation Plan Option ' • Option 3 - Transitional Severance Allowance Option • 15 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.3.1 Reauired Conditions for ALL Retirees. effective January 1. 1996. Eligible employees who retire on or after January 1, 1996, must meet � the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in . the following Subparagraphs. 3.3.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.3.1.2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subdivisions 1.1.1.2 through 1.1.1.5. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will be counted toward meeting the service requirements. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the District's service requirement in this Subd. 3.3.1.2. Civil service time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. • 3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1 .4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.3.1 .5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. • 16 �� So ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.3.2 O�tion 1 - Transitional Retiree Age 65 and Over Insurance Option ` Conditions: • An employee who has earlier elected to participate in Option 2 - � Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change his/her original decision.� • An employee who elects at retirement to participate in Option 3 - Transitional Severance Allowance Option (3.3.4 below) is not eligible for this provision. • An employee who elects participation in this provision at retirement must irrevocably waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in Article 15, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before January 1, 1996, who retire at age sixty-five (65) or later and who are eligible under Subd. 3.3.1 of this Article and the � terms of the policy provided in this Subd. 3.3.2, or for early retirees who qualified under the conditions of Subdivision 3.1 above and who are eligible under the terms of the policy provided in this Subd. 3.3.2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: �overage Type i I Familv Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or � coverage will be discontinued. • � 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. 17 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.3.3 O�tion 2 - Minnesota Deferred Compensation Plan Option Effective July 1, 1997, employees hired before January 1, 1996, who ' have completed at least three (3) full years of continuous active service within Independent School District No. 625 can become eligible to , participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Subdivision). Time worked in City of Saint Paul prior to January 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 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 Article 15, Severance Pay of this Agreement. � • The employee must initiate an application to participate through the DistricYs specified procedures. Matching contribution by the District can only occur so long as the employee remains in continuous active service in the District, and shall not exceed $500 per year, with a cumulative lifetime maximum total of $12,500. Approved non-compensatory leave shall not be considered a break in service and shall not be counted in completing the three (3) year requirement. Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the annual match by the District. � 18 ��.\�1�0 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): � -- 3.3.4 QRtion 3 - Transitional Severance Allowance O tp ion: . Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this specified Transitional � Severance Allowance Option: • The employee must irrevocably waive Option 1 - Transitional Retiree Age 65 and Over Insurance Option as provided in 3.3.2 (above) of this Subdivision. • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her original decision.� • The employee must have completed at least twenty (20) full years of continuous active service in Independent School District No. 625 (not including periods of non-compensatory leave). Time worked in the City of Saint Paul prior to January 1, 1996, will be counted toward meeting this eligibility requirement. • The employee must be voluntarily separated from District � employment. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this Transitional Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. • The employee must be at least age fifty-five (55), retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PERA or Saint Paul Teachers' Retirement Fund. • The employee must have a minimum of sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the full Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $6,500 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. 19 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): The em lo ee must lec 'v � • p y e t to wai e all severance pay described in Article 15, Severance Pay of this Agreement (for up to $6,500) 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 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 by Board of Education resolution. � 20 ��`�� ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): � 3.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be ` available to any person hired by the District into Independent School District No. 625 service on or after January 1 , 1996. This Option 3 - Transitional Severance Allowance Option expires on June 30, 2017, and will be thereafter null and void. 3.3.5 Choice of O tip ons: It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subdivisions. 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 before January 1, 1996, and who have completed the requirements in Subdivision 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. • 21 ARTICLE 15. SEVERANCE PAY • SECTION 1. The Employer shall provide a severance pay program as set forth in this Article. . Subd 1. To be eligible for the severance pay program, an employee must meet the following requirements: 1 .1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). The "Rule of 90" or the "Rule of 85" criteria shall also apply to employees covered by a public pension plan other than PERA. 1 .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. 1 .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. 1 .4 The employee must file a waiver of re-employment with the Director of Human � Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 1 .5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. Subd• 2. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of two hundred (200) accrued sick leave days. ub . . The maximum amount of money that any employee may obtain through this severance pay program is $6,500. Subd. 4. For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. • 22 ��u �� ARTICLE 15. SEVERANCE PAY (continued) � Subd. 5. For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered � as separation of employment, and such transferee shall not be eligible for this severance program . � Subd. 6. The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. Subd• 7. This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. Subd• 8. The provisions of this Article shall be effective as of January 1, 1985. Subd• 9. Any employee hired prior to December 31, 1984, 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, 1984, shall be entitled only to the benefits of this Article upon meeting the qualifications herein. � • 23 ARTICLE 16. WORKING CONDITIONS E TI N 1. Em r i : If it becomes necessa or desirable to close a school � S C �ency ry as a result of an emergency, the effort shall be made to notify employees not to come to work. Employees not notified who report for work shall be granted two (2) hours' pay � at their regular rate. , SECTION 2. Workshop�: Employees in the Food Service program ordered by the Food Service Director to attend Food Service workshops shall be reimbursed for the tuition of the workshop and the normal hourly rate for the time spent in the workshop. SECTION 3. Mileaae: When an employee is required and authorized by the proper supervisor to use his or her personal vehicle in the interest of the Employer (i.e., trips to the bank, grocery store, etc.), mileage reimbursement will be paid at the current School District rate, and by the approval of the Food Service Director. SECTION 4. Working Out Of Classification: 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) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a � classification by an individual in another classification. For the purposes of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he/she were promoted to the higher classification. SECTION 5. Work In Advance Of School Year: In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the workforce, the manager will make the arrangements from a School District facility as assigned, and will be paid the regular contract rates for the assigned duty time. SECTION 6. Saint Paul Food Manager's Certification: The parties recognize and acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding a position covered by this agreement, and will be a requirement prospectively for new appointees, as well as employees hired prior to January 1, 1992. Certification or a State of Minnesota Certification if regulation changes. The test or tests for the certification will be taken on the employee's own time. The District will pay a maximum of $30 one (1) time in a two (2)-year period to reimburse the employee for the fees for acquiring the renewal certification for those employees appointed in these titles prior to January 1, 1992. ` • 24 °��-\��C� ARTICLE 17. COURT DUTY • SECTION 1. Any employee who is required to appear in court as a juror or as a subpoenaed witness � shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. , 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 he/she is required to appear in court as a juror or witness. ARTICLE 18. SICK LEAVE CONVERSION SECTION 1. Accumulated sick leave in excess of one hundred eighry (180) days may be converted to vacation at the rate of two (2) days' sick leave for one (1) day vacation up to a maximum of five (5) days' vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. ARTICLE 19. DISCIPLINE AND DISCHARGE SECTION 1. � The Employer shall have the right to impose disciplinary actions on employees for just cause. SECTION 2. Disciplinary actions by the Employer shall include only the following actions: 1 ) Oral reprimand; 2 ) Written reprimand; 3 ) Suspension; 4 ) Demotion; 5 ) Discharge. SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the grievance procedure provided in Article 5 of this Agreement, including arbitration. This contract grievance procedure shall be the normal process for such review. SECTION 4. Discharges will be preceded by a five (5)-day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During the five (5)-day period, the Employer may affirm the suspension and discharge in accordance with the Personnel Rules or may modify, or withdraw same. • 25 ARTICLE 20. LEAVES • SECTION 1. Long-Term Leaves Without PaX: Leaves of absence may be requested, on the basis specified in Civil Service Regulations. Effective July 1, 1976, the Food i Service Director will reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. . SECTION 2. �hort-Term Leaves Without PaX: Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. Subd• 1. Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shall include the proposed period of the leave and purpose for leave. u . 2. Effective April 1, 1979, the Director of Food Service shall notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately follow a one-week or two-week school vacation, the thirty (30) days' notice shall occur thirty (30) days before the beginning of such vacation period, providing the request was received at least fifteen (15) days earlier. Subd. 3. Eight (8) such leaves shall be made available by the Employer in each school • year, for the entire department (i.e., for Cook Managers and Food Service Personnel combined). Four (4) of the eight (8) leaves available shall be reserved for employees who have worked for the Food Service Department for at least five (5) years. The other four (4) leaves will be available to employees on the basis specified in this Article. Subd. 4. No more than two (2) such leaves will be granted during the month of January and no more than two (2) leaves will be granted during the month of February each year. SECTION 3. Family and Medical Leave: Leaves of absence shall be granted as required under the federal law known as the Family Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. • 26 ��\�� U ARTICLE 21 . UNIFORMS • SECTION 1. Employees will be provided two (2) new uniforms per school year by the Employer; � employees who are assigned a twelve (12)-month work year, rather than the school year, will receive three (3) new uniforms per year. Selection of uniforms is the Employer's option. Subd. 1. A new employee must have worked at least thirty (30) working days in a forty-five (45) working-day period before receiving the three (3) uniforms supplied for start up by the Employer. Subd• 2. An employee who has received uniforms and then terminates employment for any reason after less than six (6) full months of active employment, is obligated to return the uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs will be deducted from the final paycheck of the terminating employee. ARTICLE 22. WAGES �ECTION 1 . Waqe Rates: See wage rates described in Appendix B. SECTION 2. Initial Sten Placement: Initial step placement when an employee is originally hired, moves from another unit • into a title covered by this Agreement or from one title covered by this Agreement to a different title under this Agreement, shall be governed by Civil Service Rules. �ECTION 3. Salarv Ste�rogression: Progression through the steps of a salary range in this contract will be based on the following conditions: �ubd. 1. Employees must have received an overall rating of "satisfactory° on their most recent performance evaluation to receive any salary step advancement. Subd• 2. Effective January 1, 1996, step movement will be effective on the first day of the first pay period following the employee's anniversary date in the employees current job title. The employee shall be eligible for step movement in Steps 1-5 provided the employee has worked at least 1,000 hours in the previous year prior to that anniversary date. Subd. 3. The employee shall be eligible for step movement in Steps 6-9 every two (2) years provided the employee has worked at least 1,000 hours in each of the prior two (2) years. However, an employee who has completed years of service greater than or equal to the years of service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2 until the employee's years of service completed match the years of service required for the step. Subd. 4. Employees employed as of January 1, 1996, will be eligible for step � movement as described in Appendix C, and then shall continue from year to year � according to the above provisions. 27 ARTICLE 22. WAGES (continued) • Employees appointed to a position in the bargaining unit on or after January 1, 1995, once placed on the salary schedule, will advance thereafter from step to step based on �, accumulation of the appropriate number of hours between the steps as detailed above and without reference to any prior employment in the District. SECTION 4. Pay E�ui Comnliance Option: � During the term of this Agreement, the Board may at its discretion unilaterally increase the pay rates provided in Appendix B, in an effort to achieve compliance with the requirements of the Minnesota Pay Equity Act. Ten (10) days of notice to the Union will be provided prior to taking such action. ARTICLE 23. DURATION OF AGREEMENT This Agreement shall be in full force and effect from January 1, 1996 through June 30, 1997, and shall automatically be continued from year to year thereafter, unless a new agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. • , � 28 COOK MANACERS ACREEMENT ��—\��O � � This Agreement is by and between Independent Schooi District No. 625 and School Service Employees Local No. 284, S.E.I.U., AFL-CIO, on behalf of Cook Managers. In full settlement of these negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approvai and adoption by the Board of Education of Independent School District No. 625 as well as ratification by the Union. . INDEPENDENT SCHOOL DISTRI a0.625 SCF�OOL SERVICE EMPLOYEES / LOC O. 284, S.E.I.U.,AFL-CIO �.,t, ,� ` � . Negotiatio s/Labor Relati n Manager Business Representative S'-f1-9� \ ' , _ �� Neg tiations/Labor el ons Steward � Assistant Manager i s'�� ,��"�c � I � �Co Date Date Chair, ard of Education � � .6 Date � • 29 � ` INTENTIONALLY BLANK � . • �b—\��V APPENDIX A • � Regulation Effective January 5, 1974 Vacation for Less Than a Full Year For the purpose of computing the amount of vacation an employee who is eligible for twenty-one (21) days after fifteen (15) years of service and twenty-two (22) days after twenty-five (25) years of service has earned, the following shall apply: Hours of Vacation Earned Years of Service Per Hour on Payroll First Five Years .0385 After Five Years .0577 After Fifteen Years .0806 After Twenty-Five Years .0845 Round off to the nearest hour � Example: If an employee with three (3) years of service appeared on the payroll for 1,680 hours in 1972, he/she will have earned (1,680 x .0385) 64.68 hours of vacation. This is rounded off to the nearest hour and the employee is granted sixty-five (65) hours of vacation. The time of vacation is fixed by the head of the department in which the employee is employed. � A APPENDIX B BIWEEKLY RATES • Effective: December 23. 1995 S1EP 1 2 3 4 5 6 7 8 9 START 1 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR � Titles Quality Control Assistant 963.50 1,002.04 1,042.13 1,083.82 1,127.17 1,155.34 1,183.53 1,242.70 1,335.14 Food Preparation Supervisor 986.63 1,026.10 1,067.15 1,109.82 1,154.22 1,183.07 1,211.93 1,272.53 1,366.46 Catering Coordinator 1,027.03 1,066.50 1,107.55 1,15022 1,194.62 1,223.47 1,252.33 1,312.93 1,406.86 School Lunch Coordinator 1,052.28 1,091.75 1,132.80 1,175.47 1,219.87 1,248.72 1,277.58 1,338.18 1,432.11 Effective: July 1. 1996 STEP 1 2 3 4 5 6 7 8 9 START 1 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR Titles Quality Control Assistant 982.77 1,022.08 1,062.97 1,105.50 1,149.71 1,178.45 1,207.20 1,267.58 1,361.84 Food Preparation � Supervisor 1,006.36 1,046.62 1,088.49 1,132.01 1,177.30 1,206.74 1,236.17 1,297.98 1,393.79 Catering Coordinator 1,047.57 1,087.83 1,129.70 1,173.22 1,218.51 1,247.94 1,277.38 1,339.19 1,435.00 School Lunch Coordinator 1,073.32 1,113.58 1,155.45 1,198.98 1,244.27 1,273.70 1,303.13 1,364.94 1,460.75 MINNESOTA PROFESSIONAL DEVELOPMENT PLAN FOR SCHOOL FOOD SERVICE AND NUTRITION-LEVEL 3 CERTIFICATION PREMIUM When a regularly (civil service) certified and appointed employee shall have completed the credit hours required for Level 3 of the Minnesota Professional Development Plan for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional $0.10 (ten cents) per hour premium over and above his/her normal biweekly rate of pay for all hours on the payroll so long as the employee maintains a current Level 3 certification. Payment of the $0.10 (ten cents) per hour premium shall become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed Level 3 certification. Employees must maintain current Level 3 certification and show evidence of the renewed certification to be eligible for continuation of the premium. LEAD FOOD PREPARATION SUPERVISOR PREMIUM When a regularly certified and appointed Food Preparation Supervisor is assigned the dury of Lead Food Preparation Supervisor, the employee shall be paid an additional $.50 (fifry cents) per hour over and above his/her normal hourly rate of pay for the hours worked on each work day assigned in the Lead person function. This duty shall be assigned ' or discontinued at the sole discretion of the Director of School Food Service. Only a regularly appointed Food Preparation Supervisor is eligible for the premium, when properly assigned. At any time when the Director of Food Service plans to assign this Lead function to an employee in the Food Preparation Supervisor title for more then thirty (30) working days, all employees working in that title will be notified• and have an opportunity to express interest in the duty. B �� -��Sc� APPENDIX C • This Appendix shall govern initial step progression during the term of this Agreement, � January 1, 1996 through June 30, 1997, for the named employees who were hired prior to January 1, 1996. � If during the term of this Agreement after receiving the step movement noted in this Appendix the employee's anniversary date comes again, then step progression will occur as described in Article 22, Section 3, Step Progression. The following employees, employed in the Cook Managers' bargaining unit prior to January 1, 1996, shall move one (1) step on the wage schedule over their step placement as of December 31, 1995, effective as of the first day of the pay period following their anniversary dates in their current job titles as indicated below. (These placements are based on an analysis of the employees' own anniversary dates in their current titles, and the projected dated of next step movement for the employee using the prior step movement system.) Nancy John April 1996 Mari Lowry September 1996 Susan Grieme January 1996 Jaquelyn Karas August 1996 Geoffrey Adams January 1997 � Dennis Scheffhausen March 1996 Terry Decker March 1996 Nancy Witt April 1997 Patricia Mergens September 1996 Mary Tousley April 1997 Valerie Didier (Top Step - No Movement) a � � V • � , INTENTIONALLY BLANK � � � • q(� � �� 5� � CONTENTS � NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT i I P� 1 . Definition of Agreement..................................................................... 1 2. Recognition......................................................................................... 1 3. Check Off, Fair Share ........................................................................ 2 4. Maintenance of Standards................................................................... 2 5. Grievance Procedure.......................................................................... 3 6. Nondiscrimination.............................................................................. 5 7. Holidays.............................................................................................. 6 8. Sick Leave .......................................................................................... 7 9. Hours, Overtime................................................................................. 7 10. Vacations............................................................................................. 8 1 1 . Lunch Break....................................................................................... 8 1 2 Civii Service Examinations................................................................ 8 13. Layoff Notice....................................................................................... 8 � 14. Insurance Benefits.............................................................................. 9 15. Severance Pay. . 2 2 16. Working Conditions............................................................................ 2 4 17. Court Duty.......................................................................................... 2 5 18. Sick Leave Conversion........................................................................ 2 5 19. Discipline and Discharge.................................................................... 2 5 2 0. Leaves................................................................................................. 2 6 21 . Uniforms............................................................................................ 2 7 22. Wages.................................................................................................. 2 7 23. Duration of Agreement....................................................................... 2 8 A�nendices A. Vacation B. Wage Scale C. Initial Step Progression • iii • . INTENTIONALLY BLANK � . • f �� ARTICLE 1 . DEFINITION OF AGREEMENT �� • SECTION 1. Parties: This Agreement is entered into between the Board of Education, , Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board of Education, and School Service Employees Local No. 284, S.E.I.U. (certified by the Director of the Bureau of Mediation Services as the exclusive representative), . hereinafter referred to as Local No. 284, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. SECTION 2. Pur ose: The purpose of this Agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE 2. RECOGNITION SECTION 1. The Board of Education recognizes Local No. 284 as the certified exclusive representative for the following unit: All food service personnel in the classifications of Catering Coordinator, Food • Preparation Supervisor, Food Quality Control Assistant, and School Lunch Coordinator employed by Independent School District No. 625, who are employed for more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding all other employees. SECTION 2. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section 1 of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. • 1 ARTICLE 3. CHECK OFF, FAIR SHARE � SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments and once , each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees . shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed 85% of the Union membership dues amount. This provision shall remain operative only so long as specifically provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85% of regular membership dues, the full amount permitted by law may be assessed by the Union. SECTION 3. The Union will indemnify, defend, and hold the School District harmless against any • claims made and against any suits instituted, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MAINTENANCE OF STANDARDS SECTION 1. The Employer agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and Resolution No. 6446 at the time of signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. • 2 ARTICLE 5. GRIEVANCE PROCEDURE �� `� 1 G�G� � SECTION 1. , This grievance procedure is established to resolve any specific dispute between the employee and the School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. . SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received . the approval of the designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances. SECTION 4. A grievance shall be resolved in the following manner: ub . 1. Step 1: Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is later, discuss the complaint orally with the Director of School Food Service (or other representative designated by the Superintendent). The Director of School Food Service (or SuperintendenYs representative) shall attempt to adjust the complaint at that time. f • 3 ARTICLE 5. GRIEVANCE PROCEDURE (continued) � Subd• 2• Ste{� 2: If the grievance is not resolved through oral discussion and concluded within five (5) working days, the employee may appeal the grievance to . Step 2 by placing the grievance in writing, setting forth the nature of the grievance, the facts on which it is based, the provisions of the Agreement allegedly violated, and the remedy requested. This written statement shall be presented to the Director of School � Food Service for formal discussion and written response. The formal discussion of the grievance shall be within ten (10) working days of the receipt of the written grievance by the Director of School Food Service. A reply shall be given to the employee and the Union in writing within ten (10) days following the formal discussion. If the employee is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. Subd. 3. Ste� 3: A grievance not resolved in Step 2 and appealed to Step 3 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 3 by the employee and the Union within fifteen (15) working days after the Employer-designated representative's final answer in Step 2. Any grievance not appealed in writing to Step 3 by the employee and the Union within fifteen (15) working days shall be considered waived. If appealed, the written grievance shall be presented by the employee and the Union and discussed with the Superintendent of Schools or designated representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shall give the Union the Employer's Step 3 answer in writing within ten (10) working days following the presentation and discussion of the matter. � If the employee is not satisfied with the findings on Step 3, the Union may request arbitration within ten (10) working days after receipt of the Employer's reply on Step 3. Subd. 4. Ste�: A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services. SECTION 5. The arbitrator shall have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. � 4 q� - � � �a ARTICLE 5. GRIEVANCE PROCEDURE (continued) � 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, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever � be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. � SECTION 6. Election of Remedies and Waiver: A party instituting any action, proceeding or complaint in a federal or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance under this Agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this Article. Upon instituting a proceeding in another form as outlined herein, the employee shall waive his/her right to initiate a grievance pursuant to this Article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This Section shall not apply to actions to compel arbitration as provided in this Agreement or to enforce the award of an arbitrator. ARTICLE 6. NONDISCRIMINATION , SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or non membership, or because of race, color, sex, religion, national origin or political opinion or affiliations. • 5 ARTICLE 7. HOLIDAYS T . • SEC ION 1 Regular or provisional employees in the bargaining unit shall be granted holidays off � with pay provided, however, that their names have appeared on the payroll on any six (6) working days of the nine (9) working days preceding the holiday, or on 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 a holiday be counted as a working day; holiday pay is assured for the �abor Day, Christmas Day, and New Year's Day holidays, for any active and regularly-working employee. The following days are declared to be the holidays: New Year's Day January 1 Martin Luther King Day Third Monday in January Presidents' Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veterans' Day November 11 (see 1.1 below) � Thanksgiving Day Fourth Thursday in November Christmas Day December 25. If one of the above listed holidays falls on a day when school is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday. All employees will be expected to work on all days when school is in session, except when on approved leave. 1 .1 Notwithstanding the days listed above, the Employer may at any time during the 1995-96 school year designate the Friday after Thanksgiving as a paid holiday. In the event of such designation, Veteran's Day shall be deleted from the paid holidays list as set forth above. In addition, one floating holiday per contract year is to be granted subject to prior approval of the employee's supervisor. To be eligible for the floating holiday, a regular or provisional employee must work at least an equivalent of four (4) full biweekly pay periods (320 hours) per contract year. Regular or provisional employees who work an , equivalent of thirteen (13) full biweekly pay periods (1,040 hours) per contract year shall receive an additional floating holiday. Holiday pay will be paid on the basis of the employee's regularly scheduled number of hours in the work day. , • 6 ARTICLE 8. SICK LEAVE � �" /�� • SECTION 1. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half � (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. SECTION 2. Soecified Allowable Uses of Sick Leave 2.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother-in-law, father-in-law, or other person who is a member of the household, and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 2.2 An employee who works twelve (12) consecutive months per year for an average of twenty (20) or more hours per week may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for � sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota Statute § 181.9413 and shall remain available so long as provided in Statute. 2.3 Up to five (5) days of leave per year shall be allowed for serious family illness emergency limited to the immediate family, which includes: spouse, parents and children. The days allowed and used shall be deducted from accumulated sick leave. ARTICLE 9. HOURS, OVERTIME SECTION 1. Hours: This Section is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normal work day shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shall be an average of forty (40) hours of work. SECTION 2. Overtime: Overtime is to be paid for at the rate of time and one-half (1/2) for all assigned hours worked on the job in excess of forty (40) hours per week, - on payroll. • 7 ARTICLE 10. VACATIONS SECTION 1. • Vacations shall be earned by eligible employees on the basis of the formula stated in , Appendix A attached. Upon written notice to the employee's supervisor and upon the supervisor's written approval, an employee may carry over up to one hundred twenty (120) hours of accrued, unused vacation time into the next calendar year. Any accrued, � unused vacation time in excess of one hundred twenty (120) hours will be forfeited at the end of the calendar year in which it is earned. ARTICLE 1 1 . LUNCH BREAK �ECTION 1. All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE 12. CIVIL SERVICE EXAMINATIONS � SECTION 1. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination. ARTICLE 13. LAYOFF NOTICE SECTION 1. Whenever possible, two (2) weeks of notice shall be given any employee laid off. • 8 ARTICLE 14. INSURANCE BENEFITS �� `�iG/ • Health and Welfare benefits shall be provided under the plan carried by Independent School District No. 625 for employees. . The Employer will attempt to prevent any changes in the benefits offered by a health maintenance organizations plan. However, employees selecting a plan offered by a health maintenance organization agree to accept any changes in benefits which the specific � health maintenance organization implements. SECTION 1. ACTIVE EMPLOYEE INSURANCE Subd• 1. Effective January 1. 1996, the Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to �?80 per month for each full-time employee who is eligible for such coverage, and who selects single coverage; or up to $315 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. Subd• 2. Effective January 1. 1997, the Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $190 per month for each full-time employee who is eligible for such coverage, and who selects single coverage; or up to $330 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. Subd. 3. Contribution Status: 3.1 Full-time Status: Eligible employees regularly assigned more than six (6) hours per day will receive the full Employer contribution amount. 3.2 Half-Time Status: For eligible employees regularly assigned four (4) to � six (6) hours work per day, the Employer will contribute up to one-half of the full Employer contribution amount. 3.2.1 An employee with full contribution as of January 1, 1990, who is reduced to half-premium eligibility hours because of health disability or Employer-initiated hours reduction, shall not be reduced in premium contributions for twelve (12) calendar months from the date of his/her hours reduction, so long as he/she remains actively employed at the half-premium eligibility level. ub . 4. Life Insurance: The Employer will contribute to the cost of $20,000 life insurance coverage in addition to $5,000 basic life insurance. This brings the total life insurance coverage to $25,000. The cost to the Employer for both basic and additional life insurance coverages shall not exceed $6.32 per month. The additional life insurance coverage and Employer contribution toward additional life insurance premiums terminates at retirement. Subd. 5. Dental Insurance: The Employer agrees to contribute up to $26 per month to the premium cost for a dental plan selected by the Employer, for each employee who is eligible for such coverage. Subd. 6. Flexibility S en nding Account: It is the intent of the Employer to maintain . during the term of this Agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer-paid premium contribution for health insurance for such expenses, within the established . legal regulations and IRS requirements for such accounts. Subd• 7. Any premium costs in excess of the amounts stated above shall be paid by the � employee, by means of payroll deduction. 9 ARTICLE 14. INSURANCE BENEFITS (continued): SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT • Subd• 1. R�e uired Conditions for Retirees (Aae 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 Januar� 1. 1996: Required conditions for employee appointed to service in Independent School District No. 625 in a position within this bargaining unit prior to January 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to January 1, 1996, and who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1 .1.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. � 1 .1 .1 .2 Employees retiring after January 1, 1996, must have completed 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 January 1, 1989, must be continuously employed with the District. B. Employees hired on or after January 1, 1989, must have completed at least twenty (20) years of continuous employment with the District. Years of certified civil service time with the City of Saint P�ul earned prior to January 1, 1996, will continue to be counted toward meeting the District's service requirement of this Subdivision 1.1.1.2. Civil service time worked with City of Saint Paul after January 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. 10 �� i� �� ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 1.1 .1 .4 Additional dependents beyond those designated to the District at , the time of retirement may not be added at the District expense after retirement. 1 .1.1 .5 The employee must make application through District procedures prior to the, date of retirement in order to be eligible for any benefits provided in this Section. 1 .1 .2 For employees appointed into service in Independent School District No. 625 to positions within this bargaining unit after January 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age 65 and over. 1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels Effective January 1, 1996 through June 30, 1997 only For eligible employees who were hired and appointed into Independent School District No. 625 service prior to January 1, 1996, and who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements in Subdivision 1.1 or for early retirees who qualified under the conditions of 2.1 are eligible under the terms of the Medicare supplement policy provided in this Subd. 1.2 upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare � Supplement health coverage policy selected by the District. This provision is effective onlv for employees hired before January 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the Transitional Plan in Article 14, Section 2, Subd. 3.1 of this Agreement following hereafter. This provision expires and is null and void after June 30, 1997. Subd• 2. Early Retiree Provisions, Effective January 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired b e f o re January 1, 1996, and eligible employees hired on or after January 1, 1996, who retire before June 30, 1997, and meet the required conditions below. The employee must meet the following conditions at the time of early retirement in order to be eligible for any payment of any insurance premium contribution by the Employer after his/her retirement (early retirement and subsequently after age 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. • 11 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): 2.1 .2 m I in i ri rvic n r 1 1 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, or; B. The combination of their age and their years of service must equal eighty-five (85) or more, or; � Must have completed at least thirty (30) years of service, or; D. Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subdivision 2.1.2 A, B or C, but not for 2.1.2 D. 2.1 .3 Em I�oyees hired into District service after January 1. 1996, and retiring after January 1, 1996 must have completed twenty (20) years of service with Independent School District No. 625. Time with • the City of Saint Paul will not be counted toward this twenty (20)-year 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. 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. • 12 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): �� j��✓� • � 2.2 Early Retiree Health Insurance: Employer Contribution Levels � The District will for the period of this Agreement provide 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. � Subd. 3. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1995-1996 term, it was the intent of the parties to develop a long-range plan for retirement benefits which could be available to employees and managed by the District on a currently funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of retirement health insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan for accomplishing that goal by providing current active employees with the choice of one of three alternative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for his/her retirement. In addition, the plan design provides for future employees; i.e., those hired on or after January 1, 1996, the opportunity (after completing three [3] full years of consecutive active service) to participate in a deferred compensation savings plan with . specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee in financial planning for retirement. • 13 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): � 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). , Employees hired before January 1, 1996, and employees hired on or �fter January 1, 1996, who fulfill the specified following conditions listed below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.1 .2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subdivisions 2.1.2. Em�loyees hired and a�pointed into Indenendent School District No. 625 service on or after January 1. 1996. must have completed twenty (20�vears of continuous emRloyment with Independent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked in City of Saint Paul will not be counted for employees hired into Independent School District No. 625 service after � January 1 , 1996. 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. • 14 q� - ��-I � ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): � 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after January 1, 1996: 3.2.1 New employees hired on or after January 1, 1996, will after completing three (3) full years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the District. Part-time employees working half-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. THE EMPLOYEE MUST INITIATE AN APPLICATION TO PARTICIPATE THROUGH THE DISTRICTS SPECIFIED PROCEDURES. � 3.2.2 No employee hired on or after January 1, 1996, shall have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over. Employees hired on or after January 1, 1996, shall be eligible only for earlv retirement health insurance premium contribution as provided in Subd. 3.1. 3.3 Employees Hired into Independent School District No. 625 service before January 1 , 1996. A choice among three (3) possible options is available only to employees hired and appointed into Independent School District No. 625 service before January 1, 1996. Once the employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are listed here, and detailed in the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2 - Minnesota Deferred Compensation Plan Option ' • Option 3 - Transitional Severance Allowance Option � 15 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): 3.3.1 Reauired Conditions for ALL Retirees. effective January 1. 1996. • Eligible employees who retire on or after January 1, 1996, must meet � the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. � 3.3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.3.1 .2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subdivisions 1.1.12 through 1.1.1.5. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will be counted toward meeting the service requirements. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the District's service requirement in this Subd. 3.3.1.2. Civil service time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. � 3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.3.1 .5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � 16 �� ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.3.2 ption 1 - Transitional Retiree Age 65 and Over Insurance O tion � �onditions: • An employee who has earlier elected to participate in Option 2 - - Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change his/her original decision.� • An employee who elects at retirement to participate in Option 3 - Transitional Severance Allowance Option (3.3.4 below) is not eligible for this provision. • An employee who elects participation in this provision at retirement must irrevocably waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in Article 15, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before January 1, 1996, who retire at age sixty-five (65) or later and who are eligible under Subd. 3.3.1 of this Article and the � terms of the policy provided in this Subd. 3.3.2, or for early retirees who qualified under the conditions of Subdivision 3.1 above and who are eligible under the terms of the policy provided in this Subd. 3.3.2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: Coverage Ty�e 'Sinale F mil Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or ' coverage will be discontinued. • 1 An employee is not excluded from this option by virtue of his/her participation in the Minnesota Deferred Compensation Plan as an individual investor with no employer-paid matching funds. 17 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): 3.3.3 ' n - i Deferred Com n a i n PI n ' n • r t• a • tpl0 Effective July 1, 1997, employees hired before January 1, 1996, who + have completed at least three (3) full years of continuous active service within Independent School District No. 625 can become eligible to participate in Minnesota Deferred Compensation Plan and receive � matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Subdivision). Time worked in City of Saint Paul prior to January 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 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 Article 15, 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. • 18 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): G�� l U � • 4 - 3.3. pti�n 3 Transiti�nal Severance All�wance • t�: Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this specified Transitional Severance Allowance Option: • The employee must irrevocably waive Option 1 - Transitional Retiree Age 65 and Over Insurance Option as provided in 3.3.2 (above) of this Subdivision. • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her original decision.� • The employee must have completed at least twenty (20) full years of continuous active service in Independent School District No. 625 (not including periods of non-compensatory leave). Time worked in the City of Saint Paul prior to January 1, 1996, will be counted toward meeting this eligibility requirement. • The employee must be voluntarily separated from District � employment. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other disciplinary reason are not eligible for this Transitional Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. • The employee must be at least age fifty-five (55), retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PERA or Saint Paul Teachers' Retirement Fund. • The employee must have a minimum of sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the full Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $6,500 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. 19 ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): The em lo ee must elect to waive II v r • • p y a se e ance pay described in Article 15, Severance Pay of this Agreement (for up to $6,500) 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 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 by Board of Education resolution. � 20 �V ^ �� ARTICLE 14. INSURANCE BENEFITS, Section 2. (continued): • 3.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be � available to any person hired by the District into Independent School District No. 625 service on or after January 1, 1996. This Option 3 - Transitional Severance Allowance Option expires on June 30, 2017, and will be thereafter null and void. 3.3.5 Choice of Options: It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subdivisions. 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 before January 1, 1996, and who have completed the requirements in Subdivision 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. � 21 ARTICLE 15. SEVERANCE PAY • SECTION 1. The Employer shall provide a severance pay program as set forth in this Article. , Subd 1. To be eligible for the severance pay program, an employee must meet the following requirements: , 1 .1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" or the "Rule of 85" provisions of the Public Employees Retirement Association (PERA). The "Rule of 90" or the "Rule of 85" criteria shall also apply to employees covered by a public pension plan other than PERA. 1 .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. 1 .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. 1 .4 The employee must file a waiver of re-employment with the Director of Human � Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 1 .5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. u . 2. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of two hundred (200) accrued sick leave days. Subd. 3. The maximum amount of money that any employee may obtain through this severance pay program is $6,500. Subd. 4. For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. • 22 ARTICLE 15. SEVERANCE PAY continu �( �� ( ed) �� Subd. 5. For the purpose of this severance pay program, a transfer from Independent , School District No. 625 employment to City of Saint Paul employment is not considered as separation of employment, and such transferee shall not be eligible for this severance program . Subd. 6. The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. Subd• 7. This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. uS bd• 8. The provisions of this Article shall be effective as of January 1, 1985. Subd• 9. Any employee hired prior to December 31, 1984, 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, 1984, shall be entitled only to the benefits of this Article upon meeting the qualifications herein. � w • 23 ARTICLE 16. WORKING CONDITIONS TI N 1. m r n I in s: If it becomes necessa or desirable to close h I • SEC O E e ge cy C os c� ry a sc o0 as a result of an emergency, the effort shall be made to notify employees not to come to , work. Employees not notified who report for work shall be granted two (2) hours' pay at their regular rate. SECTION 2. Worksho�s: Employees in the Food Service program ordered by the Food Service Director to attend Food Service workshops shall be reimbursed for the tuition of the workshop and the normal hourly rate for the time spent in the workshop. SECTION 3. Mileaae: When an employee is required and authorized by the proper supervisor to use his or her personal vehicle in the interest of the Employer (i.e., trips to the bank, grocery store, etc.), mileage reimbursement will be paid at the current School District rate, and by the approval of the Food Service Director. SECTION 4. Working Out Of Classification: 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) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a � classification by an individual in another classification. For the purposes of this Article, the rate of pay for an out-of-class assignment shall be the same rate the employee would receive if he/she were promoted to the higher classification. SECTION 5. Work In Advance Of School Year: In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the workforce, the manager will make the arrangements from a School District facility as assigned, and will be paid the regular contract rates for the assigned duty time. SECTION 6. Saint Paul Food Manager's Certification: The parties recognize and acknowledge that the Saint Paul Food Manager's Certification is a requirement for holding a position covered by this agreement, and will be a requirement prospectively for new appointees, as well as employees hired prior to January 1, 1992. Certification or a State of Minnesota Certification if regulation changes. The test or tests for the certification will be taken on the employee's own time. The District will pay a maximum of $30 one (1) time in a two (2)-year period to reimburse the employee for the fees for acquiring the renewal certification for those employees appointed in these titles prior to January 1, 1992. ' • 24 qt� -�� 5� ARTICLE 17. COURT DUTY � SECTION 1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. 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 he/she is required to appear in court as a juror or witness. ARTICLE 18. SICK LEAVE CONVERSION SECTION 1. Accumulated sick leave in excess of one hundred eighty (180) days may be converted to vacation at the rate of two (2) days' sick leave for one (1) day vacation up to a maximum of five (5) days' vacation time. Vacation is to be paid on the basis of regularly-scheduled hours per day. ARTICLE 19. DISCIPLINE AND DISCHARGE SECTION 1. • The Employer shall have the right to impose disciplinary actions on employees for just cause. SECTION 2. Disciplinary actions by the Employer shall include only the following actions: 1 ) Oral reprimand; 2 ) Written reprimand; 3 ) Suspension; 4 ) Demotion; 5 ) Discharge. SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the grievance procedure provided in Article 5 of this Agreement, including arbitration. This contract grievance procedure shall be the normal process for such review. SECTION 4. Discharges will be preceded by a five (5)-day preliminary suspension without pay. ' During said period, the employee and/or Union may request, and shall be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During the five (5)-day period, the Employer may affirm the suspension and � discharge in accordance with the Personnel Rules or may modify, or withdraw same. • 25 ARTICLE 20. LEAVES • SECTION 1. Lon�-Term Leaves Without PaX: Leaves of absence may be requested, on the basis specified in Civil Service Regulations. Effective July 1, 1976, the Food , Service Director will reply to such requests within fifteen (15) calendar days after they are received in the Food Service Office. � SECTION 2. Short-Term Leaves Without Pax: Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. Subd• 1. Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shall include the proposed period of the leave and purpose for leave. u . 2. Effective April 1, 1979, the Director of Food Service shall notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediately follow a one-week or two-week school vacation, the thirty (30) days' notice shall occur thirty (30) days before the beginning of such vacation period, providing the request was received at least fifteen (15) days earlier. Subd. 3. Eight (8) such leaves shall be made available by the Employer in each school � year, for the entire department (i.e., for Cook Managers and Food Service Personnel combined). Four (4) of the eight (8) leaves available shall be reserved for employees who have worked for the Food Service Department for at least five (5) years. The other four (4) leaves will be available to employees on the basis specified in this Article. $ubd. 4. No more than two (2) such leaves will be granted during the month of January and no more than two (2) leaves will be granted during the month of February each year. SECTION 3. Family and Medical Leave: Leaves of absence shall be granted as required under the federal law known as the Family Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. , • 26 ARTICLE 21 . UNIFORMS �� G /�� • SECTION 1. Employees will be provided two (2) new uniforms per school year by the Employer; employees who are assigned a twelve (12)-month work year, rather than the school year, will receive three (3) new uniforms per year. Selection of uniforms is the Employer's option. � Su . 1. A new employee must have worked at least thirty (30) working days in a forty-five (45) working-day period before receiving the three (3) uniforms supplied for start up by the Employer. Subd• 2. An employee who has received uniforms and then terminates employment for any reason after less than six (6) full months of active employment, is obligated to return the uniforms to the School Food Service. If the uniforms are not returned, 90°/a of their costs will be deducted from the final paycheck of the terminating employee. ARTICLE 22. WAGES SECTION 1 . Wa e� Rates: See wage rates described in Appendix B. SECTION 2. Initial SteQ Placement: Initial step placement when an employee is originally hired, moves from another unit � into a title covered by this Agreement or from one title covered by this Agreement to a different title under this Agreement, shall be governed by Civil Service Rules. SECTION 3. �alarv Step Pro9ression: Progression through the steps of a salary range in this contract will be based on the following conditions: Subd• 1. Employees must have received an overall rating of "satisfactory" on their most recent performance evaluation to receive any salary step advancement. Subd• 2. Effective January 1, 1996, step movement will be effective on the first day of the first pay period following the employee's anniversary date in the employees current job title. The employee shall be eligible for step movement in Steps 1-5 provided the employee has worked at least 1,000 hours in the previous year prior to that anniversary date. Subd. 3. The employee shall be eligible for step movement in Steps 6-9 every two (2) years provided the employee has worked at least 1,000 hours in each of the prior two (2) years. However, an employee who has completed years of service greater than or equal to the years of service required for Steps 6-9 shall be eligible for step movement annually as in Subd. 3.2 until the employee's years of service completed ' match the years of service required for the step. Subd. 4. Employees employed as of January 1, 1996, will be eligible for step ` movement as described in Appendix C, and then shall continue from year to year • according to the above provisions. 27 ARTICLE 22. WAGES (continued) • Employees appointed to a position in the bargaining unit on or after January 1, 1995, once placed on the salary schedule, will advance thereafter from step to step based on accumulation of the appropriate number of hours between the steps as detailed above and without reference to any prior employment in the District. SECTION 4. Pay E,�ui Compliance Option: � During the term of this Agreement, the Board may at its discretion unilaterally increase the pay rates provided in Appendix B, in an effort to achieve compliance with the requirements of the Minnesota Pay Equity Act. Ten (10) days of notice to the Union will be provided prior to taking such action. ARTICLE 23. DURATION OF AGREEMENT This Agreement shall be in full force and effect from January 1, 1996 through June 30, 1997, and shall automatically be continued from year to year thereafter, unless a new agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. � � • 28 q(� - i� 50 COOK MANACERS ACREEMENT � This Agreement is by and between Independent School District No. 625 and School Service Empioyees Local No. 284, S.E.I.U., AFL-CIO, on behalf of Cook Managers. t In full settlement of these negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approval and adoption by the Board of Education of Independent School District No. 625 as well as ratification by the Union. INDEPENDENT SCHOOL DISTRI a0.625 SCFIOOL SERVICE EMPLOYEES j LOC O. 284, S.E.I.U.,AFL-CIO � 1..t., /1 ,c /� . Negotiatio s/Labor Relati n Manager Business Representative .�-�-9� \ - �V Neg tiations/Labor el ons Steward � Assistant Manager is'�� ` ;��c '� I � �Co Date Date Chair, ard of Education � � � Date , • 29 � s INTENTIONALLY BLANK i f { • �� /��'� APPENDIX A � � Regulation Effective January 5, 1974 Vacation for Less Than a Full Year For the purpose of computing the amount of vacation an employee who is eligible for twenty-one (21) days after fifteen (15) years of service and twenty-two (22) days after twenty-five (25) years of service has earned, the following shall apply: Hours of Vacation Earned Years of Service Per Hour on Payroll First Five Years .0385 After Five Years .0577 After Fifteen Years .0806 After Twenty-Five Years .0845 Round off to the nearest hour � Example: If an employee with three (3) years of service appeared on the payroll for 1,680 hours in 1972, he/she will have earned (1,680 x .0385) 64.68 hours of vacation. This is rounded off to the nearest hour and the employee is granted sixty-five (65) hours of vacation. The time of vacation is fixed by the head of the department in which the employee is employed. < � A APPENDIX B BIWEEKLY RATES • Effective: December 23. 1995 STEP 1 2 3 4 5 6 7 8 9 STAfif 1 YEAR 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR � Titles Quality Control � Assistant 963.50 1,002.04 1,042.13 1,083.82 1,127.17 1,155.34 1,183.53 1,242.70 1,335.14 Food Preparation Supervisor 986.63 1,026.10 1,067.15 1,109.82 1,154.22 1,183.07 1,211.93 1,272.53 1,366.46 Catering Coordinator 1,027.03 1,066.50 1,107.55 1,150.22 1,194.62 1,223.47 1,252.33 1,312.93 1,406.86 School Lunch Coordinator 1,052.28 1,091.75 1,132.80 1,175.47 1,219.87 1,248.72 1,277.58 1,338.18 1,432.11 Effective: July 1. 1996 STEP 1 2 3 4 5 6 7 8 9 START 1 Y� 2 YEAR 3 YEAR 4 YEAR 6 YEAR 8 YEAR 10 YEAR 12 YEAR Titles Gluality Control Assistant 982.77 1,022.08 1,062.97 1,105.50 1,149.71 1,178.45 1,207.20 1,267.58 1,361.84 Food Preparation • Supervisor 1,006.36 1,046.62 1,088.49 1,132.01 1,177.30 1,206.74 1,236.17 1,297.98 1,393.79 Catering Coordinator 1,047.57 1,087.83 1,129.70 1,173.22 1,218.51 1,247.94 1,277.38 1,339.19 1,435.00 School Lunch Coordinator 1,073.32 1,113.58 1,155.45 1,198.98 1,244.27 1,273.70 1,303.13 1,364.94 1,460.75 MINNESOTA PROFESSIONAL DEVELOPMENT PLAN FOR SCHOOL FOOD SERVICE AND NUTRITION-LEVEL 3 CERTIFICATION PREMIUM When a regularly (civil service) certified and appointed employee shall have completed the credit hours required for Level 3 of the Minnesota Professional Development Pla� for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional $0.10 (ten cents) per hour premium over and above his/her normal biweekly rate of pay for all hours on the payroll so long as the employee maintains a current Level 3 certification. Payment of the $0.10 (ten cents) per hour premium shall become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed Level 3 certification. Employees must maintain current Level 3 certification and show evidence of the renewed certification to be eligible for continuation of the premium. LEAD FOOD PREPARATION SUPERVISOR PREMIUM When a regularly certified and appointed Food Preparation Supervisor is assigned the duty of Lead Food Preparation Supervisor, the employee shall be paid an additional $.50 (fifty cents) per hour over and above his/her normal hourly rate of pay for the hours worked on each work day assigned in the Lead person function. This duty shall be assigned or discontinued at the sole discretion of the Director of School Food Service. Only a regularly appointed Food Preparation Supervisor is eligible for the premium, when properly assigned. � At any time when the Director of Food Service plans to assign this Lead function to an employee in the Food Preparation Supervisor title for more then thirty (30) working days, all employees working in that title will be notified� and have an opportunity to express interest in the duty. B a� - �� 5� APPENDIX C � This Appendix shall govern initial step progression during the term of this Agreement, January 1, 1996 through June 30, 1997, for the named employees who were hired ' prior to January 1, 1996. � If during the term of this Agreement after receiving the step movement noted in this Appendix the employee's anniversary date comes again, then step progression will occur as described in Article 22, Section 3, Step Progression. The following employees, employed in the Cook Managers' bargaining unit prior to January 1, 1996, shall move one (1) step on the wage schedule over their step placement as of December 31, 1995, effective as of the first day of the pay period following their anniversary dates in their current job titles as indicated below. (These placements are based on an analysis of the employees' own anniversary dates in their current titles, and the projected dated of next step movement for the employee using the prior step movement system.) Nancy John April 1996 Mari Lowry September 1996 Susan Grieme January 1996 Jaquelyn Karas August 1996 Geoffrey Adams January 1997 � Dennis Scheffhausen March 1996 Terry Decker March 1996 Nancy Witt April 1997 Patricia Mergens September 1996 Mary Tousley April 1997 Valerie Didier (Top Step - No Movement) • C