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96-1451 i`�� (r:� ( (�_,, % ; Council File#�� .�.� i f o�..' k t . , . :�... Green Sheet# 35883 '"'�RESOLUTION OF SAINT PAUL, MINNESOTA I3 Presented y * Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 January 1, 1996 through December 31, 1997 Collective Bargaining Agreement between the Independent 3 School District No. 625 and Saint Paul Supervisors Organization. Yeas Na s Absent Requested by Department of: Blakey ✓ Office of Labor Relations Bostrom � Guerin �/" �� Harris � By' Megard Rettman � Form Approved by Cit Attorney Thune � 1/ By: Adopted by Council: Date �� _�� °� � Approved Mayor for Sub ission to Council T Adoption ertified by Council Secretary By: 1 By: � Approved by Mayor: Date 3 �l � By: C DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED G1�iEN SHEET NO.' 35883 F r�� I LABOR RELATIONS November 13, 1996 ' CONTACT PERSON&PHONE: � INITIAL/DATE INITIAL/DATE JULIE KRAUS 266-6513 ASSIGN 1 DEPARTMENT DIR. �1'� 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY � CITY CLERI: 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) nc�rioN REQuESTEn: This resolution approves the attached January 1, 1996 through December 31, 1997 Collective Bargaining Agreement between the Independent School District No.62S and Saint Paul Supervisors Organization. RECOMMENDAI'IONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRAC7'S MUST ANSWER THE FOLLOWING QUESTIONS: _PLANNING COMMISSiON _CIViL SERVICE COMMISSION l. Has this person/firm ever worked under a contract for this department? _CIB COMMITTEE Yes No STAFF 2. Has this person/firm ever been a city employee? DISTRICT COURT Yes No SUPPOR7'S WHICH COIJNCIL OBJECTIVE? 3. Does this person/firtn possess a skill not normally possessed by any curcent ciry employee? Yes No Explsin ell yes answers on separate sheet and attach to greea sheet INITIATING PROBLEM,ISSUE,OPPORTUNITY �yh RECEI (VVho,WhAt,When,Where, y): ' NOV 14 1996 �YOIE��FFICE ADVANTAGES IF APPROVED: This Agreement pertains to Board of Education employees only. �� DISADVANTAGES IF APPROVED: �.IOV 1$ �99 IV ��'`�,1� �°'� __.,.......�..-.---- �4 1996 DISADVANTAGES IF NOT APPROVED: �-�"�(�K�� c��y � � TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION:(EXPLAIN) NOTE: COMPLETE DIRECTIONS ARE INCLUDED 1N THE GREEN SHEET INSTRUCTIONAL MANIJAL AVAILABLE IN THE PURCHASING OFFICE(PHONE NO.266-8900). ROUTING ORDER: Below are correct routings for the five most frequent types of documents: CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION(Amend Budgets/Accept.Grants) 1. Ouuide Agenc�� 1. DepaRment Director 2. Department Director 2. Budget Director 3. Cit��Attorney 3. City Attomey 4. Mayor(for contracts over 515,000) 4. Mayor/Assistant S. Human Rights(for contracts over SS0,000) S. City Council 6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Serviccs �. Finance Accounting ADMINISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLIJTION(all othen,and Ordinances) 1. Activiry Manager 1. Department Director 2. Department Accountant 2. City Attomey 3. Department Director 3. Mayar/Assistant 4. Budget Director 4. City Council S. City Clerk 6. Chief Accountant,Finance and Management Services ADMINISTRATIVE ORDERS(ali others) l. Department Director 2. Ciry Attomey , 3. Finance and Management Services Director 4. Cih•Clerk TOTAL NUMBER OF SIGNATURE PAGES Indicate the#of pages on which signatures are required az►d paperelip or tlag each of these pages. ACTION REQUESTED Describe what the projecdrequest seeks to accomplish in either chronological order or order of importance,whichever is most appropriate for the issue. Do not w•rite complete sentences. Begin each item in your list with a verb. RECOMMENDATIONS Complete if the issue in question has been presenud before any body,public or private. SUPPORTS WHICH COUNCIL OBJECTIVE? Indicate which council objective(s)your projecUrequest supports by listing the key word(s)(HOUSING,RECREATION, NEIGHBORHOODS,ECONOMIC DEVELOPMENT,BUDGET,SEWER SEPARATION). (SEE COMPLETE LIST IN INSTRUCTIONAL MANUAL.) PERSONAL SERVICE CONTRACTS: This information will be used to determine the city's liabiliry for workets compensation claims,taxes and pmper civil service hiring rules. INITIATING PROBLEM,ISSUE,OPPOR't`UNITY Explain the situation or conditions that created a need for your project or request. ADVAN7AGES IF APPROVED Indicate whether this is simply an annual budget procedure required by law/charter or whether there are specific ways in which the Ciry of Saint Paul and its citizens will benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or pact proccsses might this projecdrequest produce if it is passed(e.g.,traffic delays,noise, tax increases or assessments)? To Whom? When? For how long? DISADVANTAGES IF NO'T APPROVED What will be the negative consequences if the promised action is not approved? Inability to deliver service? Continued high uaftic,noise, accident rate? Loss of revenue? FINANCIAL IMPACT Although you must tailor the information you provide here to the issue you are addressing,in general you must answer two questions: How much is it going to cost? Who is going to pay? INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS ��. r�S� DATE: May 28, 1996 TOPIC: Approval of an Employment Agreement with Saint Paul Supervisors' Organization, exclusive representative for Civil Service. A. PERTINENT FACTS: 1) New Agreement is for the two-year period January 1, 1996 through December 31, 1997. 2) Contract changes are as follows: Language is updated throughout the agreement to reflect current titles and dates. Retiree Health Insurance: The provisions regarding retiree health insurance are changed consistent with the new overall long-term Transitional Plan developed with the teacher bargaining unit. Active Em�yee Health Ins�rance: Employer paid premium contribution caps are increased effective January 1, 1996, by $10 to $180 per month for employee coverage, or increased by $20 to $305 per month for family coverage. Effective January 1, 1997, the Employer paid premium contribution caps are further increased by$10 per month for employee or$20 for family coverage. Vacation: The total amount of vacation that may be carried over from year to year is increased to 120 hours. Proaression on the Salarv Sched�le and Ins�rance Eliqibilitv: January 1, 1997, the six-month step will be eliminated. The first step increase will normally be after one year(2,080 hours). In conjunction with this change in step advancement, the health insurance eligibility waiting period is reduced from six months to three months for employees hired on or after January 1, 1996. W�.ges: The new rates are effective December 23, 1995; and January 4, 1997. • The salary rate increase is 2.5%for the first year of the contract and 2.5%for the second year of the contract. 3) The District has six employees in this bargaining unit. 4) This request is submitted by Richard Kreyer, Negotiations/Labor Relations Assistant Manager; and William A. larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education School District No. 625 approve and adopt the Agreement conceming the terms and conditions of employment of those supervisory employees for whom Saint Paul Supervisors' Organiiation is the exclusive representative; duration of said Agreement is for the period of January 1, 1996 through December 31, 1997. q�- I�t Sl � ' 1996 - 1997 � COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 and • SAINT PAUL SUPERVISORS ORGANIZATION January l, 1996 Through December 31, 1997 �� d � � �� LS�� PUBLIC SCHOOLS LIFELONG LEARNING � • • , �� d d � �� PUBLIC SCHOOLS ��FELONG LfARN/NG SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Director Becky Montgomery - Treasurer Administration: • Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, Planning and Support Services Maureen A. Flanagan - Assistant Superintendent, Administration and Government Relations William A. Larson - Assistant Superintendent, Fiscal Affairs and Operations Cy R.Yusten - Assistant Superintendent, Teaching and Learning . • ii �� • INDEX • ARTICLE TITLE PAGE Preamble............................................................................................ v 1 . Recognition......................................................................................... 1 2. Savings Clause.................................................................................... 2 3. Management Rights............................................................................. 2 4. Maintenance of Standards................................................................... 2 5. Check Off and Administrative Service Fee......................................... 3 6. Hours of Work and Overtime.............................................................. 4 7. Seniority............................................................................................ 4 8. Working Out of Classification............................................................ 5 9. Discipline........................................................................................... 5. 10. Legal Services.................................................................................... 5 1 1 . Grievance Procedure.......................................................................... 6 12. Wages.................................................................................................. 8 • 13. Maternity/Parental/Family Medical Leave....................................... 8 14. Insurance............................................................................................ 9 15. Vacation.............................................................................................. 2 3 16. Holidays.............................................................................................. 2 4 17. Severance Pay.................................................................................... 2 5 18. Sick Leave........................................................................................... 2 7 19. Mileage, Independent School District No. 625................................... 2 7 20. Duration and Effective Date................................................................ 2 9 Appendix ............................................................................................ A • iii • . INTENTIONALLY BLANK • • IV ��Q_"�� \ PREAMBLE • This Agreement, entered into between Independent School District No. 625, hereinafter referred to as the "Employer," and the Saint Paul Supervisors' ` Organization, hereinafter referred to as the "Organization," for the purpose of fostering and promoting harmonious relations between the Employer and the Organization in order that a high level of public service can be provided to the citizens of the Independent ' School District No. 625. This Agreement attempts to accomplish this purpose by providing a fuller and more complete understanding on the part of both the Employer and the Organization of their respective rights and responsibilities. The provisions of this Agreement shall not abrogate the rights and/or duties of the Employer, the Organization or the employees as established under the provisions of the Public Employment Labor Relations Act of 1971, as amended. � • v • INTENTIONALLY BLANK • • ��\�� ARTICLE 1. RECOGNITION • 1 .1 The Em lo er reco nizes the Saint Paul Su ervisors' Or anization as the P Y 9 P 9 exclusive representative for the White Collar Supervisory Employees of the ' Professional Group, and certain Unclassified Supervisory Employees as certified by the State of Minnesota Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-207A and as revised by Unit - Clarification Hearing of Bargaining Unit, April 16, 1974, Case No. 74-PR-414-A, and as revised by Certification of Exclusive Representative, December 7, 1977, Case No. 78-PR-500-A; and as revised by Unit Clarification order, December 9, 1988, BMS Case No. 89-PR-2134. This above unit as amended consists of the following: Accountant IV Accountant V Accounting Manager E.D.P. Supervisor Inventory and Records Manager Office Manager Payroll Manager Purchasing Manager � Transportation Administrator UNCLASSIFIED Environmental Health and Safety Manager (Exempt) Manager of Facility Planning (Exempt) 1 .2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. • 1 ARTICLE 2. SAVINGS CLAUSE 2.1 This A reement is sub'ect to the laws of the United States and the State of • 9 1 Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment ' or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other � provisions of this Agreement shall continue in full force and effect. ARTICLE 3. MANAGEMENT RIGHTS 3.1 The Organization recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and p�ograms of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � ARTICLE 4. MAINTENANCE OF STANDARDS 4.1 The parties agree that all conditions of employment relating to wages, hours of work, vacations, and all other general working conditions except as modified by this Agreement 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 (Council File No. 273022, June 2, 1979, as amended) at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. • 2 �� ARTICLE 5. CHECK OFF AND ADMINISTRATIVE SERVICE FEE • 5.1 The Employer agrees to deduct the Organization 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 Organization and the aggregate deductions of all employees shall be remitted � together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 5.2 Any present or future employee who is not an Organization member shall be required to contribute a fair share fee for services rendered by the Organization. Upon notification by the Organization, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Organization. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. It is also understood that in the event the Employer shall make an improper fair share deduction from the earnings of the employee, the Organization shall be obligated to make the Employer whole to the extent that the Employer shall be required to reimburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 5.3 Administrative Service Fee. The Organization agrees that an administrative fee of • fifty cents ($.50) per member per month shall be deducted by the Employer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the Organization. 5.4 The Organization agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. • 3 ARTICLE 6. HOURS OF WORK AND OVERTIME 6.1 The normal hours of work for the employees shall be seven and three-fourths • (7-3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38-3/4) hours in a seven (7)-day period. For employees on a shift basis, this shall be construed to mean an average of thirty-eight and ' three-fourths (38-3/4) hours a week. 6.2. Employees who work more than seven and three-fourths (7-3/4) hours in any � twenty-four (24) hour period or more than thirty-eight and three-fourths (38-3/4) hours in any seven (7) day period shall not receive pay for such additional work. 6.3 It is understood by the parties that Section 28H (Overtime Compensation) of the Civil Service Rules (Council File No. 273022, June 2, 1979 as amended) shall not apply to this unit. 6.4 In unusual circumstances, employees who work more than seven and three-fourths (7-3/4) hours in any twenty-four (24) hour period or more than thirty-eight and three-fourths (38-3/4) hours in any particular seven (7) day period may be granted compensatory time with the approval of their department head. ARTICLE 7. SENIORITY 7.1 Seniority, for the purposes of this Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from • the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by the employee's rank on the eligible list from which the certification was made. 7.2 Seniority shall terminate when an employee retires, resigns or is discharged. 7.3 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 7.4 In cases where there are promotional series, such as Accountant IV, V, etc., when the number of employees in the higher title is to be reduced, employees who have held lower titles will be offered reductions to the highest title in which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. It is understood that such employees will pick up their former seniority date in any class of positions that they previously ' held. 7.6 To the extent possible, vacation periods shall be assigned on the basis of � seniority. It is, however, understood that vacation assignment shall be subject to the ability of the Employer to maintain operations. • 4 ARTICLE 8. WORKING OUT OF CLASSIFICATION ��\ � � I • .1 T e Em I er h 8 h p oy s all avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working ' an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. - For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of either a) a position previously held by another employee and different from the employee's regular position, b) a position held by an employee on extended leave or c) a new position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. ARTICLE 9. DISCIPLINE 9.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or Organization 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 Civil Service Rules or may modify or withdraw same. 9.2 A suspended, demoted, or discharged employee may appeal the disciplinary action by filing a claim of grievance under the provisions of Article 11. of this Agreement. ARTICLE 10. LEGAL SERVICES 10.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, hold harmless, and indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of employee's duties. 10.2 Notwithstanding (10.1.), the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action • where the employee is the plaintiff. • 5 ARTICLE 11. GRIEVANCE PROCEDURE 1 1 .1 A r i v n • g e a ce is defined as a dispute or disagreement as to the interpretation or application of the specific terms and conditions of this Agreement. 1 1 .2 The Employer will recognize representatives designated by the Organization as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Organization shall notify the ' Employer in writing of the names of such Organization Representatives and of their successors when designated. The Employer shall notify the Organization in writing as to its designated representatives. 1 1 .3 It is recognized and accepted by the Organization 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 employee duties and responsibilities. The aggrieved employee and an Organization 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 Organization Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work program of the Employer. tt is understood that the Employer shall not use the above limitation to hamper the processing of grievances. 1 1 .4 Grievances, as defined by 11.1, shall be resolved in conformance with the following procedure: • �te�i. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the Organization within fifteen (15) calendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Organization within fifteen (15) calendar days shall be considered waived. Ste�2. If appealed, the written grievance shall be presented by the Organization and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Organization the Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not . appealed in writing to Step 3 by the Organization within ten (10) calendar days shall be considered waived. • 6 ��-�� 1 ARTICLE 11. GRIEVANCE PROCEDURE (continued) � te 3. If appealed, the written grievance shall be presented by the Organization and discussed with the Employer-designated Step 3 representative. The ' Employer-designated representative shall give the Organization the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within ' ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Organization within ten (10) calendar days shall be considered waived. t 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Organization 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 rules established by the Bureau of Mediation Services. 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 Organization, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, • rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, with copies to both parties and the Bureau of Mediation Services within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Organization 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. 11 .5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Organization, 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. 1 1 .6 If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shalt 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 Organization may elect to take the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Organization in each step. • 7 ARTICLE 11. GRIEVANCE PROCEDURE (continued) • 11 .7 It is understood by the Organization and the Employer that if an issue is determined by this grievance procedure, it shall not again be submitted for determination in another forum. If an issue is determined by any other forum, it ' shall not again be submitted for arbitration under this grievance procedure. ARTICLE 12. WAGES 12.1 The wage schedule for the purpose of this contract shall be Appendix A. ARTICLE 13. MATERNITY/PARENTAUFAMILY MEDICAL LEAVE 13.1 Maternity Leave is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as • determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. 13.2 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 13.3 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. • 8 ��-\�� 1 ARTICLE 14. INSURANCE BENEFITS • SECTION 1 . ACTIVE EMPLOYEE HEALTH INSURANCE 1 .1 The Employer will continue for the period of this Agreement to provide for active ' employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. � 1 .2 Eligibility Waiting Period: Effective January 1. 1996, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and life insurance provided herein. 1 .3 Full-Time Status: For the purpose of this Article, full-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1 .4 Half-Time Status: For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. 1 .5 �m I�oyer Contribution Amount--Full-Time Em I�oyees: Effective January 1, 1996, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $180 per month, whichever is � less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $305 per month, whichever is less. 1 .5.1 Effective January 1, 1997, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $190 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $325 per month, whichever is less. 1 .6 Employer Contribution Amount--Half-Time Employees: For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each hatf-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. � 9 ARTICLE 14. INSURANCE, Section 1. (continued): � 1 .7 Life Insurance: The District agrees to contribute the cost of life insurance. The amount of life insurance provided under this Subd. 1.7 shall be equal to the , employee's annual salary to the nearest full thousand dollars. This amount of life insurance shall be reduced to $5,000 upon retirement and shall continue until the early retiree reaches age sixty-five (65), at which time all Employer paid life insurance shall be terminated. For the purpose of this provision, the � employee's "annual salary" shall be adjusted to the salary as of the first day of the first payroll period after adoption of this Agreement. There shall be no retroactive increase in life insurance coverage. 1 .8 Dental Insurance: The Employer will contribute for each eligible employee covered by this Agreement who is employed full-time toward participation in a dental care plan offered by the Employer up to $30 per month for single coverage, or up to $70 per month for family coverage. 1 .9 Flexible Spending Account: It is the intent of the Employer to maintain during the term of this Agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer-paid premium contribution for health insurance for such expenses, within the established legal regulations and fRS requirements for such accounts. 1 .10 The contributions indicated in this Article 14 shall be paid to the Employer's group health and welfare plan. 1 .11 Any cost of any premium for any Employer-offered employee or family * insurance coverage in excess of the dollar amounts stated in this Article 14 shall be paid by the employee through payroll deduction. • 10 ��-`�� ARTICLE 14. INSURANCE (continued): • SEC110N 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT Subd. 1 Required Conditions for Retirees (Age 65 and Over), Effective January 1, 1996 through June 30, 1997 1 .1 Eligible and participating employees who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any continuing District contributions toward premium payment for health insurance at age 65 or over: 1.1 .1 Effective January 1. 1996: Required conditions for employee appointed to service in Independent School District No. 625 in a position within this bargaining unit prior to January 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to January 1, 1996, and who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 1.1.1 .2 Employees retiring after January 1, 1996, must have completed at least twenty (20) years of service for eligibility � requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. For such employees or early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). A. Employees hired before October 8, 1986, must have completed at least nine (9) years of continuous employment with the District. For such employees or early retirees who have not completed at least nine (9) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). B. Employees hired on or after October 8, 1986, must have completed at least twenty (20) years of continuous employment with the District. For such employees or ' early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any 1 health insurance contributions upon their retirement or, � in the case of early retirees, upon their reaching age sixty-five (65). 11 ARTICLE 14. INSURANCE, Section 2. (continued): • Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the DistricYs service requirement of this Subd. 1.1.1.2. Time worked with City of Saint Paul after January 1, 1996, will be considered a break in District employment. ' 1 .1 .1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.1.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 1.1.1.5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 1.1 .2 For employees appointed into service in Independent School District No. 625 to positions within this bargaining unit after January 1, 1996, and who retire prior to July 1, 1997, there is � no access to premium contributions for Retiree Health Insurance at age 65 and over. Time worked in the City of Saint Paul prior to January 1, 1996, will � be treated as Independent School District No. 625 time, for such employees. 1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels Effective January 1, 1996 through June 30, 1997 only For eligible employees who were hired and appointed into Independent School District No. 625 service prior to January 1, 1996, and who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements in Subd. 1.1 of this Section or for early retirees who qualified under the conditions of Subd. 2.1 of this Section and who are eligible under the terms of the Medicare supplement policy provided in this Subd. 1.2, upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare Supplement health coverage policy selected by the District. This provision is effective onlv for employees hired into service j,e Independent School District No. 625 before January 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the Transitional Plan in Article 14, Section 2, Subd. 3.1 of this Agreement following hereafter. • This provision expires and is null and void after June 30, 1997. • 12 � �-�� 1 ARTICLE 14. INSURANCE, Section 2. (continued): � Subd. 2 Early Retiree Provisions, Effective January 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired before 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. 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-eight (58) years of age and have completed twenty-five (25) years of service; o r B. The combination of their age and their years of service must equal eighty-five (85) or more; o r C. Must have completed at least thirty (30) years of service; or D. Must have completed at least twenty (20) consecutive years of service wi i Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but �ot, for Subd. 2.1.2 D. 2.1 .3 E�rr ,�loyees hired into District service after January 1. 1996, and retiring after January 1, 1996 must have completed twenty (20) years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year service requirement. 2.1 .4 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent ' School District No. 625 employee and eligible for and is enrolled in the • Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 13 ARTICLE 14. INSURANCE, Section 2. (continued): 2.1.5 Additional de endents be ond those desi nated to the Dis ri � p y g t ct at the time of retirement may not be added at the District expense after retirement. 2.1 .6 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. - 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreement provide for employees who meet the eligibility requirements for health insurance in 2.1 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shall constitute the limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.3 Early Retiree Life Insurance: Employer Contribution Levels The District will provide for early retirees who qualify under the conditions of � 2.1 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. � 14 ARTICLE 14. INSURANCE, Section 2. (continued : ��_\�� ) • Subd. 3. Retirement Benefits Transitional Plan Background Information: , In the negotiation of this Labor Agreement for the 1996-1997 term, it was the intent of the parties to develop a long-range plan for retirement benefits which could be available to employees and managed by the District on a currently funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of retirement health insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan for accomplishing that goal by providing current active employees with the choice of one of three alternative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for his/her retirement. In addition, the plan design provides for future employees; i.e., those hired on or after January 1, 1996, the opportunity (after completing three [3J full years of consecutive active service) to participate in a deferred compensation savings plan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee in financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). • Employees hired before January 1, 1996, and employees hired on or after January 1, 1996, who fulfill the specified following conditions listed below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.1 .2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subd. 2.1.2. Em.�loyees hired and a�pointed into Inder�endent School District No. 625 service on or after Januark 1. 1996. must have com�leted twenty (20) vears of continuous em I�oyment with Inde�endent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked in City of Saint Paul will be counted only for Earlv Retiree • premium contribution by the District for employees hired into Independent School District No. 625 service after January 1, 1996. Insurance premium contribution for such , employees shall cease when the employee reaches age sixty- five (65). • 15 ARTICLE 14. INSURANCE, Section 2. (continued): • 3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the � Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.1 .4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.1 .5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after January 1, 1996: 3.2.1 New employees hired on or after January 1, 1996, will after completing three (3) full years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the District. Part-time employees working half-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory • leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. 3.2.2 No employee hfred 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. • 16 ��-\�� \ ARTICLE 14. INSURANCE, Section 2. (continued): � 3.3 Employees Hired into Independent School District No. 625 service before January 1 , 1996. A choice among three (3) possible options is available only to employees hired and appointed into Independent School District No. 625 service before January 1, 1996. Once the employee makes a choice of one of these options, � that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are listed here, and detailed in the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2 - Minnesota Deferred Compensation Plan Option • Option 3 - Transitional Severance Allowance Option 3.3.1 R�e uired Conditions for ALL Retirees. effective January 1. 1996. Eligible employees who retire on or after January 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the � employment relationship with Independent School District No. 625. 3.3.1.2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subds. 1.1.1.2 through 1.1.1.5. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the District's service requirement in this Subd. 3.3.1.2. Time worked with the City of Saint Paul after January 1, 1996, will be considered a break in District employment. 3.3.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1 .4 Additional dependents beyond those designated to the District at . the time of retirement may not be added at the District expense after retirement. , 3.3.1.5 The employee must make application through District procedures prior to the date of retirement in order to be • eligible for any benefits provided in this Section. 17 ARTICLE 14. INSURANCE, Section 2. (continued): 3.3.2 in nii alReir A n vrin rn i • ye d • e su a ce •Nt�n Conditions: • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 below) is " not eligible for this provision, and cannot change his/her original decision.� • An employee who elects at retirement to participate in Option 3 - Transitional Severance Allowance Option (3.3.4 below) is not eligible for this provision. • An employee who elects participation in this provision at retirement must irrevocably waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in the Article 17, 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 Section and the � terms of the policy provided in this Subd. 3.3.2, or for early retirees who qualified under the conditions of Subd. 3.1 above and who are eligible under the terms of the policy provided in this Subd. 3.3.2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: Coveraqe Tv�e Single il 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. 18 ��-�� \ ARTICLE 14. INSURANCE, Section 2. (continued): � 3.3.3 Option 2 - Minnesota Deferred Compensation Plan O tq ion 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 the Article 17, 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. • 19 ARTICLE 14. INSURANCE, Section 2. (continued): 3.3.4 i n - Tr n ii n i ver n AI w n i n: � •pt o Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this specified Transitional Severance Allowance Option: • The employee must irrevocably waive Option 1 - Transitional Retiree Age 65 and over Insurance Option as provided in 3.3.2 (above) of this Subdivision. • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her original decision.� • The employee must have completed at least twenty (20) full years of continuous active service in Independent School District No. 625 (not including periods of non- compensatory leave). Time worked in the City of Saint Paul prior to January 1, 1996, will be counted toward meeting this eligibility requirement. • The employee must be voluntarily separated from District employment. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other � disciplinary reason are not eligible for this Transitional Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. • The employee must be at least age fifty-five (55), retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PERA or Saint Paul Teachers' Retirement Fund. • The employee must have a minimum of sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the full Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $7,500 of the Transitional Severance Allowance specified for that year of his/her retirement. ' � An employee is not excluded from this option by virtue of his/her participation in the Minnesota • Defened Compensation Plan as an individual investor with no employer-paid matching funds. 20 ��-��\ ARTICLE 14. INSURANCE, Section 2. (continued): • • The employee must elect to waive all severance pay described in Article 17, Severance Pay of this Agreement (for up to $7,500) in favor of this option. • The employee must provide to the District the required waivers and signed resignation by April 1 of the school year in which he/she intends to retire. Appeal of this deadline, based on emergency or extraordinary circumstances, will be considered by the District. • The employee must initiate application to participate through specified District procedures. 3.3.4.2 When application has been made, and all of the above conditions have been met, the employee will be deemed eligible for severance pay allowance equal to the lesser of one year's salary at his/her current salary or a maximum amount as prescribed herein: For Retirements in Maximum Transitional �chool/Fiscal Year Severance Pay Allowance 1 996-97 $31 ,000 1997-98 $31 ,750 1998-99 $32,500 � 1999-00 $33,250 2000-01 $34,000 2001 -02 $34,750 2002-03 $35,500 2003-04 $36,250 2004-05 $37,000 2005-06 $38,000 Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the specified amount. Such amount will normally be paid out according to District established procedures, in equal installments over five (5) years from the date of retirement; exception will be made in the event of the death of the employee; special or emergency appeal for earlier payment will be considered by the District. 3.3.4.3 There is no access to the benefits of this Option 3 - ' Transitional Severance Pay Allowance for the spouse or estate of an active employee who dies having not yet actually retired. A surviving spouse however mav be eligible for severance pay as provided in the Article 17, Severance Pay section of this • Agreement. 21 ARTICLE 14. INSURANCE, Section 2. (continued): • 3.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be available to any person hired by the District into Independent ' School District No. 625 service on or after 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 rhoice of Options: It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is to be elected by the employee, that choice should be made at the earliest possible date, in order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possible selection of Option 1 - Transitional Retiree Age 65 and Over Insurance Option (Subd. 3.3.2) O R Option 3 - Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly before actual retirement. Once made, the decision is irrevocable. District Benefits Office will provide information upon request. 3.3.5.1 If state and federal law permits, and the option � remains available from carriers, the District will allow eligible retirees at age 65 who were hired � Independent School District No. 625 service before January 1, 1996, and who have completed the requirements in Subd. 3.3.1, to continue on a self-paid basis, to participate in the retiree group plan for Medicare supplement then made available by the District. The retiree must make application pursuant to District procedures, and must have or obtain Medicare Part B coverage at his/her own expense. No monetary contribution to premium cost or medical costs of any kind will be made by the District. The retiree will be responsible for the timely payment of premiums, and failure to do so will result in discontinuance of the coverage and the option to participate. • 22 ARTICLE 15. VACATION ��—\�� \ � In e h I n r I- ' fin 15.1 ac ca e da year, each ful time employee as de ed in Article 14., Subd. 1.3, shall be granted vacation according to the following schedule: Years of Service Vacation Granted � First year through completion of 8 years 15 days After 8 years through completion of 15 years 20 days After 15 years and thereafter 25 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.2 An employee to carry over into the following year up to one hundred twenty (120) hours of vacation. 15.3 The time of vacation shall be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than he/she has earned up to the time of his/her separation from the Employer's service, the employee shall reimburse the Employer for such unearned vacation. If an employee is separated from service by reason of resignation, the employee shall be granted such vacation pay as he/she may have earned and not used up to the time of such separation, provided that the employee has notified the department head in writing at least fifteen calendar days prior to the date of resignation. If an employee is separated from the service by reason � of discharge, retirement or death, he/she shall be granted such vacation pay as he/she may have earned and not used up to the time of such separation. The provisions of this Article shall not apply to temporary employees. 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, any part of such excess may be converted to vacation at the rate of one-half day of vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. • 23 ARTICLE 16. HOLIDAYS • 16.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: � New Year's Day Labor Day Martin Luther King Jr. Day Columbus Day Presidents' Day Veterans' Day ' Memorial Day Thanksgiving Day Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 16.2 The floating holidays set forth in Section 16.1. above may be taken at any time during the contract year, subject to the approval of the department head of any employee. 16.3 Eligibility Reauirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday � be counted as a working day for the purposes of this Section. It is further understood that neither temporary, nor other employees not heretofore eligible shall receive holiday pay. 16.4 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 16.5 Notwithstanding Article 16.1. and 16.4. above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a paid holiday. In the event of such designation, either Martin Luther King Jr. Day, PresidenYs Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list as set forth in Article 16.1. • 24 ��-�`�� ARTICLE 17. SEVERANCE PAY • 17.1 Employees shall be eligible for severance pay in accordance with the School District's Severance Pay Plan. The amount of severance pay allowed shall be that amount permitted by state statutes subject to the provision that the maximum amount allowed shall be $4,000. or as established by Section 17.2 of this Article. 17.2 Severance PaX. The Employer shall provide a severance pay program as set forth in this Section: 17.2.1 To be eligible for the severance pay program, an employee must meet the following requirements: 17.2.1 .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" criteria shall also apply to employees covered by a public pension plan other than PERA. 17.2.1 .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. 17.2.1.3 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. 17.2.1 .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 reemployment (of any type) with the City of Saint Paul or with Independent School District No. 625. 17.2.1 .5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. • 25 ARTICLE 17. SEVERANCE PAY (continued) . � 17.2.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted _ severance pay in an amount equal to one-half 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. ' 17.2.3 The maximum amount of money that any employee may obtain through this severance pay program is $7,500. 17.2.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 17.2.5 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 17.2.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 17.2.7 This severance pay program shall be subject to and governed by the � provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Section conflict with said Severance Pay Plan and in such cases, the provisions of this Section shall control. 17.2.8 Any employee hired prior to December 31, 1984, may, in any event, and upon meeting the qualifications of this Section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Section or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1984, shall be entitled only to the benefits of this Section upon meeting the qualifications herein. • 26 �b-�`�� \ ARTICLE 18. SICK LEAVE • 18.1 Employees shall accumulate sick leave credits at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave shall be ' granted in accordance with the Civil Service Rules. 18.2 Funeral Leave. Any employee who has accumulated sick leave credits, as provided ' in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. ARTICLE 19. MILEAGE, INDEPENDENT SCHOOL DISTRICT NO.625 19.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the following plan: Reimbursement is at the current Board approved rate or 28� per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. � Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. It is necessary for the employee to keep a record of each trip made. L � 27 • , INTENTIONALLY BLANK � J � 28 ARTICLE 20. DURATION AND EFFECTIVE DATE �� \~�` • 20.1 Com len te Agreement with Waiver of Bargainin9. This Agreement shail represent the complete Agreement between the Organization and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the complete understandings and , agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Organization, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 20.2 Except as herein provided, this Agreement shall �be effective as of the date it is executed by the parties and shall continue in full force and effect until - December 31, 1997, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 20.3 This constitutes a tentative Agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the School Board and is also subject to ratification by the Organization. � WITNESSES: INDEPENDENT SCHOO I�TRICT NO.625 SAINT PAUL SUPERVISORS' / ORGANIZATION c < ,/�� CZ�a-t--✓�_ Negotiations/Labo� elations Manager Presi nt � Negotiations/Labor R ions Negotiator Assistant Manager �/�y/� y � Date Date , Chair, ard of Education Date • 29 • INTENTIONALLY BLANK • � • APPENDIX A ��^ `�� \ • TITLES AND SALARIES STEP A B C D E F G 10 Year 15 Year � NOTE' Start .5 Year' 1 Year 2 Year 3 Year 4 Year 5 Year 10 Year 15 Year Grade 10 t Inventory and Records Manager 12-23-95 1,334.50 1,379.86 1,428.17 1,492.82 1,560.31 1,630.95 1,703.46 1,750.91 1,798.23 1-4-97 1,367.86 1414.36' 1,463.87 1,530.14 1,599.32 1,671.72 1,746.05 1,794.68 1,843.19 Grade 13 Payroll Manager 12-23-95 1,443.31 1,493.86 1,548.23 1,618.00 1,689.36 1,767.04 1,849.60 1,899.01 1,948.53 1-4-97 1,479.39 1531.21' 1,586.94 1,658.45 1,731.59 1,811.22 1,895.84 1,946.49 1,997.24 r 2 AccountantlV E.D.P. Supervisor 12-23-95 1,739.69 1,803.23 1,868.76 1,954.49 2,044.15 2,138.99 2,237.74 2,299.33 2,362.90 1-4-97 1,783.18 1848.31' 1,915.48 2,003.35 2,095.25 2,192.46 2,293.68 2,356.81 2,421.97 Grade 21 • Transportation Administrator 12-23-95 1,786.15 1,852.65 1,919.17 2,007.92 2,100.70 2,199.34 2,299.33 2,363.83 2,429.37 1-4-97 1,830.80 1898.97' 1,967.15 2,058.12 2,153.22 2,254.32 2,356.81 2,422.93 2,490.10 Grade 23 Accountant V 12-23-95 1,886.94 1,955.51 2,028.11 2,120.79 2,218.59 2,323.48 2,430.39 2,500.00 2,568.51 1-4-97 1,934.11 2004.40' 2,078.81 2,173.81 2,274.05 2,381.57 2,491.15 2,562.50 2,632.72 Grade 24 Environmental Health and Safety Manager (Civil Service Unclassified) Manager of Facility Planning (Civil Service Unclassified) Purchasing Manager 12-23-95 1,937.32 2,008.93 2,082.49 2,180.30 2,281.08 2,387.14 2,500.00 2,568.51 2,637.95 1-4-97 1,985.75 2059.15' 2,134.55 2,234.81 2,338.11 2,446.82 2,562.50 2,632.72 2,703.90 � �NOTE: Years listed above are illustrative. The rules goveming step progression are unchanged with the exception that employees appointed after July 1, 1996, are not°eligible for placement on Step B, and will � normally move from Step A to Step C after 2,080 hours. A • r INTENTIONALLY BLANK • � � q6-� 4s 1 � ' 1996 - 1997 �. COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 and � SAINT PAUL SUPERVISORS ORGANIZATION January 1, 1996 Through December 31, 1997 �� d � �� o PUBLIC SCHOOLS LIFELONG LEARN/NG e i • � . �� d � � �� PUBLIC SCHOOLS LIFELONG LEARN/NG SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Director Becky Montgomery - Treasurer Administration: � Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, Planning and Support Services Maureen A. Flanagan - Assistant Superintendent, Administration and Government Relations William A. Larson - Assistant Superintendent, Fiscal Affairs and Operations Cy R.Yusten - Assistant Superintendent, Teaching and Learning K • ii �� - i�� • , INDEX TI ITLE PAGE Preamble............................................................................................ v 1 . Recognition......................................................................................... 1 2. Savings Clause.................................................................................... 2 3. Management Rights............................................................................. 2 4. Maintenance of Standards................................................................... 2 5. Check Off and Administrative Service Fee......................................... 3 6. Hours of Work and Overtime.............................................................. 4 7. Seniority............................................................................................ 4 8. Working Out of Classification............................................................ 5 9. Discipline........................................................................................... 5. 10. Legal Services.................................................................................... 5 1 1 . Grievance Procedure.......................................................................... 6 12. Wages.................................................................................................. 8 � 13. Maternity/Parental/Family Medical Leave..............::::::::::::::::::::::::: 8 14. Insurance.................................................................. 9 15. Vacation.............................................................................................. 2 3 16. Holidays.............................................................................................. 2 4 17. Severance Pay.................................................................................... 2 5 18. Sick Leave........................................................................................... 2 7 19. Mileage, Independent School District No. 625................................... 2 7 20. Duration and Effective Date................................................................ 2 9 Appendix ............................................................................................ A • iii • r INTENTIONALLY BLANK � • IV ��1 �� PREAMBLE � This Agreement, entered into between Independent School District No. 625, hereinafter referred to as the "Employer,° and the Saint Paul Supervisors' ' Organization, hereinafter referred to as the "Organization," for the purpose of fostering and promoting harmonious relations between the Employer and the Organization in order that a high level of public service can be provided to the citizens of the Independent � School District No. 625. This Agreement attempts to accomplish this purpose by providing a fuller and more complete understanding on the part of both the Employer and the Organization of their respective rights and responsibilities. The provisions of this Agreement shall not abrogate the rights and/or duties of the Employer, the Organization or the employees as established under the provisions of the Public Employment Labor Relations Act of 1971, as amended. � � v � INTENTIONALLY BLANK � � �l� ' o�lv' 1 ARTICLE 1. RECOGNITION � 1 1 The Em I r i ' . p oye recogn zes the Saint Paul Supervisors Organization as the exclusive representative for the White Collar Supervisory Employees of the ' Professional Group, and certain Unclassified Supervisory Employees as certified by the State of Minnesota Bureau of Mediation Services, dated December 11, 1973, Case No. 74-PR-207A and as revised by Unit • Clarification Hearing of Bargaining Unit, April 16, 1974, Case No. 74-PR-414-A, and as revised by Certification of Exclusive Representative, December 7, 1977, Case No. 78-PR-500-A; and as revised by Unit Clarification order, December 9, 1988, BMS Case No. 89-PR-2134. This above unit as amended consists of the following: Accountant IV Accountant V Accounting Manager E.D.P. Supervisor Inventory and Records Manager Office Manager Payroll Manager Purchasing Manager � Transportation Administrator UNCLASSIFIED Environmental Health and Safety Manager (Exempt) Manager of Facility Planning (Exempt) 1 .2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. � • 1 ARTICLE 2. SAVINGS CLAUSE � 2.1 This Agreement is subject to the laws of the United States and the State of Minnesota. In the event any provision of this Agreement shall be held to be contrary to law by a court of competent jurisdiction from whose final judgment ' or decree no appeal has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. All other " provisions of this Agreement shall continue in full force and effect. ARTICLE 3. MANAGEMENT RIGHTS 3.1 The Organization recognizes the right of the Employer to operate and manage its - affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � ARTICLE 4. MAINTENANCE OF STANDARDS 4.1 The parties agree that all conditions of employment relating to wages, hours of work, vacations, and all other general working conditions except as modified by this Agreement 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 (Council File No. 273022, June 2, 1979, as amended) at the time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. � • 2 ARTICLE 5. CHECK OFF AND ADMINISTRATIVE SERVICE FEE ` � ✓� `" / � 5.1 The Employer agrees to deduct the Organization 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 Organization and the aggregate deductions of all employees shall be remitted ' together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 5.2 Any present or future employee who is not an Organization member shall be required to contribute a fair share fee for services rendered by the Organization. Upon notification by the Organization, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Organization. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. It is also understood that in the event the Employer shall make an improper fair share deduction from the earnings of the employee, the Organization shall be obligated to make the Employer whole to the extent that the Employer shall be required to reimburse such employee for any amount improperly withheld. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 5.3 Administrative Service Fee. The Organization agrees that an administrative fee of � fifty cents ($.50) per member per month shall be deducted by the Employer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the Organization. 5.4 The Organization agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article. � 3 ARTICLE 6. HOURS OF WORK AND OVERTIME 6.1 The normal hours of work for the employees shall be seven and three-fourths • (7-3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38-3/4) hours in a seven (7)-day period. For employees on a shift basis, this shall be construed to mean an average of thirty-eight and three-fourths (38-3/4) hours a week. 6.2. Employees who work more than seven and three-fourths (7-3/4) hours in any � twenty-four (24) hour period or more than thirty-eight and three-fourths (38-3/4) hours in any seven (7) day period shall not receive pay for such additional work. 6.3 It is understood by the parties that Section 28H (Overtime Compensation) of the Civil Service Rules (Council File No. 273022, June 2, 1979 as amended) shall not apply to this unit. 6.4 In unusual circumstances, employees who work more than seven and three-fourths (7-3/4) hours in any twenty-four (24) hour period or more than thirty-eight and three-fourths (38-3/4) hours in any particular seven (7) day period may be granted compensatory time with the approval of their department head. ARTICLE 7. SENIORITY 7.1 Seniority, for the purposes of this Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from � the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by the employee's rank on the eligible list from which the certification was made. 7.2 Seniority shall terminate when an employee retires, resigns or is discharged. 7.3 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 7.4 In cases where there are promotional series, such as Accountant IV, V, etc., when the number of employees in the higher title is to be reduced, employees who have held lower titles will be offered reductions to the highest title in which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two years of layoff. It is understood that such employees will pick up their former seniority date in any class of positions that they previously ' held. 7.6 To the extent possible, vacation periods shall be assigned on the basis of � seniority. It is, however, understood that vacation assignment shall be subject to the ability of the Employer to maintain operations. � 4 ARTICLE 8. WORKING OUT OF CLASSIFICATION ��`��1�✓/ • 8.1 The Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working ' an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. ' For purposes of this Article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of either a) a position previously held by another employee and different from the employee's regular position, b) a position held by an employee on extended leave or c) a new position, and which is in a classification higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appointment to the higher classification. ARTICLE 9. DISCIPLINE 9.1 Discharges will be preceded by a five (5) day preliminary suspension without pay. During said period the employee and/or Organization 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 Civil Service Rules or may modify or withdraw same. 9.2 A suspended, demoted, or discharged employee may appeal the disciplinary action by filing a claim of grievance under the provisions of Article 11. of this Agreement. ARTICLE 10. LEGAL SERVICES 10.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, hold harmless, and indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance and scope of employee's duties. 10.2 Notwithstanding (10.1.), the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any legal action ' where the employee is the plaintiff. • 5 ARTICLE 11. GRIEVANCE PROCEDURE � 11 .1 A grievance is defined as a dispute or disagreement as to the interpretation or appiication of the specific terms and conditions of this Agreement. 1 1 .2 The Employer will recognize representatives designated by the Organization as the grievance representatives of the bargaining unit having the duties and responsibilities established by this Article. The Organization shall notify the " Employer in writing of the names of such Organization Representatives and of their successors when designated. The Employer shall notify the Organization in writing as to its designated representatives. 11 .3 It is recognized and accepted by the Organization 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 employee duties and responsibilities. The aggrieved employee and an Organization 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 Organization Representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work program of the Employer. It is understood that the Employer shall not use the above limitation to hamper the processing of grievances. 11 .4 Grievances, as defined by 11.1, shall be resolved in conformance with the following procedure: � Ste�i. An employee claiming a violation concerning the interpretation or application of this Agreement shall, within twenty-one (21) calendar days after such alleged violation has occurred, present such grievance to the Employee's supervisor as designated by the Employer. The Employer-designated representative will discuss and give an answer to such Step 1 grievance within ten (10) calendar days after receipt. A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing, setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the Organization within fifteen (15) catendar days after the Employer-designated representative's final answer in Step 1. Any grievance not appealed in writing to Step 2 by the Organization within fifteen (15) calendar days shall be considered waived. Ste�2. If appealed, the written grievance shall be presented by the Organization and discussed with the Employer-designated Step 2 representative. The Employer-designated representative shall give the Organization the Employer's Step 2 answer in writing within ten (10) calendar days following the Employer-designated representative's final Step 2 answer. Any grievance not , appealed in writing to Step 3 by the Organization within ten (10) calendar days shall be considered waived. . 6 �� --� � I ARTICLE 11. GRIEVANCE PROCEDURE (continued) � Ste� 3. If appealed, the written grievance shall be presented by the Organization _ and discussed with the Employer-designated Step 3 representative. The Employer-designated representative shall give the Organization the Employer's answer in writing within ten (10) calendar days after receipt of such Step 3 grievance. A grievance not resolved in Step 3 may be appealed to Step 4 within � ten (10) calendar days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Organization within ten (10) calendar days shall be considered waived. e 4. A grievance unresolved in Step 3 and appealed to Step 4 by the Organization 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 rules established by the Bureau of Mediation Services. 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 Organization, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or � inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, with copies to both parties and the Bureau of Mediation Services within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Organization 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. 11 .5 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Organization, 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. 1 1 .6 If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer's last answer. If the Employer does not answer a , grievance or an appeal thereof within the specified time limits, the Organization may elect to take the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Organization _ in each step. • 7 ARTICLE 11. GRIEVANCE PROCEDURE (continued) � 11 .7 It is understood by the Organization and the Employer that if an issue is determined by this grievance procedure, it shall not again be submitted for determination in another forum. if an issue is determined by any other forum, it shall not again be submitted for arbitration under this grievance procedure. ARTICLE 12. WAGES 12.1 The wage schedule for the purpose of this contract shall be Appendix A. ARTICLE 13. MATERNITY/PARENTAUFAMILY MEDICAL LEAVE 13.1 Maternity Leave is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as � determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. 13.2 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 13.3 Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. . � 8 ARTICLE 14. INSURANCE BENEFITS � SECTION 1 . ACTIVE EMPLOYEE HEALTH INSURANCE �"� `/�7�I 1 .1 The Employer will continue for the period of this Agreement to provide for active � empioyees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. ' 1 .2 Eligibility Waiting Period: �ffective January 1. 1996, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and life insurance provided herein. 1 .3 Full-Time Status: For the purpose of this Article, full-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1 .4 Half-Time Status: For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. 1 .5 Employer Contribution Amount--Full-Time Em�loyees: Effective January 1, 1996, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $180 per month, whichever is � less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $305 per month, whichever is less. 1 .5.1 Effective January 1, 1997, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $190 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $325 per month, whichever is less. 1 .6 Employer Contribution Amount--Half-Time Em I�oyees: For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. • 9 ARTICLE 14. INSURANCE, Section 1. (continued): � 1 .7 Life Insurance: The District agrees to contribute the cost of life insurance. The amount of life insurance provided under this Subd. 1.7 shall be equal to the _ employee's annual salary to the nearest full thousand dollars. This amount of life insurance shall be reduced to $5,000 upon retirement and shall continue until the early retiree reaches age sixty-five (65), at which time all Employer paid , life insurance shall be terminated. For the purpose of this provision, the employee's "annual salary" shall be adjusted to the salary as of the first day of the first payroll period after adoption of this Agreement. There shall be no retroactive increase in life insurance coverage. 1 .8 Dental Insurance: The Employer will contribute for each eligible employee covered by this Agreement who is employed full-time toward participation in a dental care plan offered by the Employer up to $30 per month for single coverage, or up to $70 per month for family coverage. 1 .9 Flexible S e�g Account: It is the intent of the Employer to maintain during the term of this Agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer-paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1 .10 The contributions indicated in this Article 14 shall be paid to the Employer's group health and welfare plan. 1 .11 Any cost of any premium for any Employer-offered employee or family � insurance coverage in excess of the dollar amounts stated in this Article 14 shall be paid by the employee through payroll deduction. i 10 ARTICLE 14. INSURANCE (continued): v I��l��/ � l SEG"110N 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT Subd. 1 Required Conditions for Retirees (Age 65 and Over), Effective January 1, 1996 through June 30, 1997 1 .1 Eligible and participating employees who retire on or after January 1, 1996, , must meet the following conditions at the time of retirement to qualify for any continuing District contributions toward premium payment for health insurance at age 65 or over: 1 .1 .1 Effective January 1. 1996: Required conditions for employee appointed to service in Independent School District No. 625 in a position within this bargaining unit prior to January 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to January 1, 1996, and who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1 .1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 1 .1.1.2 Employees retiring after January 1, 1996, must have � completed at least twenty (20) years of service for eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. For such employees or early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). A. Employees hired before October 8, 1986, must have completed at least nine (9) years of continuous employment with the District. For such employees or early retirees who have not completed at least nine (9) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). B. Employees hired on or after October 8, 1986, must have completed at least twenty (20) years of continuous employment with the District. For such employees or � early retirees who have not completed at least twenty (20) years of service with the District at the time of their _ retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, • in the case of early retirees, upon their reaching age sixty-five (65). 11 ARTICLE 14. INSURANCE, Section 2. (continued): • 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 Subd. 1.1.1.2. 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. 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. Time worked in the City of Saint Paul prior to January 1, 1996, will � be treated as Independent School District No. 625 time, for such employees. 1 .2 Retiree Age 65 and Over Health Insurance: Employer Contribution Levels Effective January 1, 1996 through June 30, 1997 only For eligible employees who were hired and appointed into Independent Schoo� District No. 625 service prior to January 1, 1996, and who retire at age sixty-five (65) or later and who meet the health insurance eligibility requirements in Subd. 1.1 of this Section or for early retirees who qualified under the conditions of Subd. 2.1 of this Section and who are eligible under the terms of the Medicare supplement policy provided in this Subd. 1.2, upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare Supplement health coverage policy selected by the District. This provision is effective onlv for employees hired into service j.Q Independent School District No. 625 before January 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the Transitional Plan in Article 14, Section 2, Subd. 3.1 of this Agreement following hereafter. � This provision expires and is null and void after June 30, 1997. • 12 q� -I� � I ARTICLE 14. INSURANCE, Section 2. (continued): � Subd. 2 Early Retiree Provisions, Effective January 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired before . 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. 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-eight (58) years of age and have completed twenty-five (25) years of service; o r B. The combination of their age and their years of service must equal eighty-five (85) or more; o r C. Must have completed at least thirty (30) years of service; or D. Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but not for Subd. 2.1.2 D. 2.1 .3 Em 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 . service requirement. 2.1 .4 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the � Independent Schoot District No. 625 health insurance program, or in any other Employer-paid health insurance program. 13 ARTICLE 14. INSURANCE, Section 2. (continued): 2.1 .5 Additional de en n • p de ts beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 2.1 .6 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. ' 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreement provide for employees who meet the eligibility requirements for health insurance in 2.1 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single or family coverage by that carrier for an employee under this Agreement, in his/her last month of active employment. In the event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shall constitute the limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.3 Early Retiree Life Insurance: Employer Contribution Levels The District will provide for early retirees who qualify under the conditions of � 2.1 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. � 14 ARTICLE 14. INSURANCE, Section 2. (continued): ��"�/�� • ` Subd. 3. Retirement Benefits Transitional Plan Background Information: , In the negotiation of this Labor Agreement for the 1996-1997 term, it was the intent of the parties to develop a long-range plan for retirement benefits which could be available to employees and managed by the District on a currentiy funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of retirement health insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan for accomplishing that goal by providing current active employees with the choice of one of three alternative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for his/her retirement. In addition, the plan design provides for future employees; i.e., those hired on or after January 1, 1996, the opportunity (after completing three [3] full years of consecutive active service) to participate in a deferred compensation savings plan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee in financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65j). � Employees hired before January 1, 1996, and employees hired on or after January 1, 1996, who fulfill the specified following conditions listed below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. 3.1.2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subd. 2.1.2. Employees hired and a�pointed into Independent School District No. 625 service on or after January 1. 1996. must have completed twenty (20� vears of continuous em I�oyment with Indenendent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked in City of Saint Paul will be counted only for EarIX Retiree , premium contribution by the District for employees hired into Independent School District No. 625 service after January 1, 1996. Insurance premium contribution for such employees shall cease when the employee reaches age sixty- five (65). � 15 ARTICLE 14. INSURANCE, Section 2. (continued): � 3.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent . School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.1 .5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after January 1, 1996: 3.2.1 New employees hired on or after January 1, 1996, will after completing three (3) full years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the District. Part-time employees working half•time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory � leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the District's specified procedures. 3.2.2 No employee hired on or after January 1, 1996, shall have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over. Employees hired on or after January 1, 1996, shall be eligible only for earlv retirement health insurance premium contribution as provided in Subd. 3.1. , � 16 �� - ►�51 ARTICLE 14. INSURANCE, Section 2. (continued): � 3.3 Employees Hired into Independent School District No. 625 service before January 1 , 1996. A choice among three (3) possible options is available only to employees hired and appointed into Independent School District No. 625 service before January 1, 1996. Once the employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are listed here, and detailed in the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2 - Minnesota Deferred Compensation Plan Option • Option 3 - Transitional Severance Allowance Option 3.3.1 R�e uired Conditions for ALL Retirees. effective January 1. 1996. Eligible employees who retire on or after January 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the � employment relationship with Independent School District No. 625. 3.3.1.2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subds. 1.1.1.2 through 1.1.1.5. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the District's service requirement in this Subd. 3.3.1.2. Time worked with the City of Saint Paul after January 1, 1996, will be considered a break in District employment. 3.3.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1.4 Additional dependents beyond those designated to the District at � the time of retirement may not be added at the District expense after retirement. _ 3.3.1 .5 The employee must make application through District procedures prior to the date of retirement in order to be • eligible for any benefits provided in this Section. 17 ARTICLE 14. INSURANCE, Section 2. (continued): � 3.3.2 OQtion 1 - Transitional Retiree Age 65 and Over Insurance Option Conditions: � • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change his/her original decision.� • An employee who elects at retirement to participate in Option 3 - Transitional Severance Allowance Option (3.3.4 below) is not eligible for this provision. • An employee who elects participation in this provision at retirement must irrevocably waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in the Article 17, 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 Section and the � terms of the policy provided in this Subd. 3.3.2, or for early retirees who qualified under the conditions of Subd. 3.1 above and who are eligible under the terms of the policy provided in this Subd. 3.3.2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: Coverage Tvne Single il 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 thls option by virtue of his/her participation in the Minnesota � Deferred Compensation Plan as an individual investor with no employer-paid matching funds. 18 ARTICLE 14. INSURANCE, Section 2. (continued): ��/�S � � � 3.3.3 Option 2 - Minnesota Deferred Compensation Plan O�tion Effective July 1, 1997, employees hired before January 1, 1996, who have completed at least three (3) full years of continuous active service within Independent School District No. 625 can become eligible to participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Subdivision). Time worked in City of Saint Paul prior to January 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 65 and over Insurance Option as provided in 3.3.2 above of this Subdivision. • The employee must irrevocably waive Option 3 - Transitional Severance Allowance prior as provided under 3.3.4 (below) of this Subdivision. • The employee is not required to waive eligibility for Severance � Pay provided in the Article 17, 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. • 19 ARTICLE 14. INSURANCE, Section 2. (continued): 3.3.4 O�tion 3 - Transitional Severance Allowance O tp ion: � Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this specified Transitional Severance Allowance Option: • The employee must irrevocably waive Option 1 - Transitional Retiree Age 65 and over Insurance Option as provided in 3.3.2 (above) of this Subdivision. • An employee who has earlier elected to participate in Option 2 - Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her original decision.� � • The employee must have completed at least twenty (20) full years of continuous active service in Independent School District No. 625 (not including periods of non- compensatory leave). Time worked in the City of Saint Paul prior to January 1, 1996, will be counted toward meeting this eligibility requirement. • The employee must be voluntarily separated from District employment. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other � disciplinary reason are not eligible for this Transitional Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. • The employee must be at least age fifty-five (55), retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PERA or Saint Paul Teachers' Retirement Fund. • The employee must have a minimum of sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the full Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $7,500 of the Transitional Severance Allowance specified for that year of his/her _ retirement. � An employee is not excluded from this option by virtue of his/her participation in the Minnesota • Deferred Compensation Plan as an individual investor with no employer-paid matching funds. 20 q� - �� i ARTICLE 14. INSURANCE, Section 2. (continued): • • The employee must elect to waive all severance pay described in Article 17, Severance Pay of this Agreement (for up to $7,500) in favor of this option. • The employee must provide to the District the required waivers and signed resignation by April 1 of the school � year in which he/she intends to retire. Appeal of this deadline, based on emergency or extraordinary circumstances, will be considered by the District. • The employee must initiate application to participate through specified District procedures. 3.3.4.2 When application has been made, and all of the above conditions have been met, the employee will be deemed eligible for severance pay allowance equal to the lesser of one year's salary at his/her current salary or a maximum amount as prescribed herein: For Retirements in Maximum Transitional School/Fiscal Year �everance Pay Allowance 1 996-97 $31 ,000 1 997-98 $31 ,750 1998-99 $32,500 � 1999-00 $33,250 2000-01 $34,000 2001 -02 $34,750 2002-03 $35,500 2003-04 $36,250 2004-05 $37,000 2005-06 $38,000 Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the specified amount. Such amount will normally be paid out according to District established procedures, in equal installments over five (5) years from the date of retirement; exception will be made in the event of the death of the employee; special or emergency appeal for eartier payment will be considered by the District. 3.3.4.3 There is no access to the benefits of this Option 3 - Transitional Severance Pay Allowance for the spouse or estate of an active employee who dies having not yet actually retired. A surviving spouse however mav be eligible for severance pay as provided in the Article 17, Severance Pay section of this • Agreement. 21 ARTICLE 14. INSURANCE, Section 2. (continued): • 3.3.4.4 At no time, and under no circumstances shall this Option 3 - Transitional Severance Allowance Option be available to any person hired by the District into independent ' School District No. 625 service on or after January 1 , 1996. This Option 3 - Transitional Severance Allowance Option expires on June 30, 2017, and will be thereafter null and void. 3.3.5 Choice of Options: It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is to be elected by the employee, that choice should be made at the earliest possible date, in order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possible selection of Option 1 - Transitional Retiree Age 65 and Over Insurance Option (Subd. 3.3.2) OR Option 3 - Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly e r actual retirement. Once made, the decision is irrevocable. District Benefits Office will provide information upon request. 3.3.5.1 If state and federal law permits, and the option � remains available from carriers, the District will allow eligible retirees at age 65 who were hired � Independent School District No. 625 service before January 1, 1996, and who have completed the requirements in Subd. 3.3.1, to continue on a self-paid basis, to participate in the retiree group plan for Medicare supplement then made available by the District. The retiree must make application pursuant to District procedures, and must have or obtain Medica�e 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. � 22 ARTICLE 15. VACATION G�� • 15.1 in each calendar year, each full-time employee as defined in Article 14., Subd. 1.3, shall be granted vacation according to the following schedule: Years of Service Vacation Granted ` First year through completion of 8 years 15 days After 8 years through completion of 15 years 20 days After 15 years and thereafter 25 days Employees who work less than full-time shall be granted vacation on a pro rata basis. 15.2 An employee to carry over into the following year up to one hundred twenty (120) hours of vacation. � 15.3 The time of vacation shall be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than he/she has earned up to the time of his/her separation from the Employer's service, the employee shall reimburse the Employer for such unearned vacation. If an employee is separated from service by reason of resignation, the employee shall be granted such vacation pay as he/she may have earned and not used up to the time of such separation, provided that the employee has notified the department head in writing at least fifteen calendar days prior to the date of resignation. If an employee is separated from the service by reason � of discharge, retirement or death, he/she shall be granted such vacation pay as he/she may have earned and not used up to the time of such separation. The provisions of this Article shall not apply to temporary employees. 15.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days, any part of such excess may be converted to vacation at the rate of one-half day of vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. • 23 ARTICLE 16. HOLIDAYS • 16.1 Holidays recognized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Jr. Day Columbus Day Presidents' Day Veterans' Day � Memorial Day Thanksgiving Day Independence Day Christmas Day Two floating holidays Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 16.2 The floating holidays set forth in Section 16.1. above may be taken at any time during the contract year, subject to the approval of the department head of any employee. 16.3 Eli i� bility Requirements. In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six working days of the nine working days preceding the holiday, or an employee's name must appear on the payroll the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall the holiday � be counted as a working day for the purposes of this Section. It is further understood that neither temporary, nor other employees not heretofore eligible shall receive holiday pay. 16.4 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 16.5 Notwithstanding Article 16.1. and 16.4. above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a paid holiday. In the event of such designation, either Martin Luther King Jr. Day, PresidenYs Day, Columbus Day, or Veterans' Day shall be deteted from the paid holidays list as set forth in Article 16.1. • 24 qc� — i� � � ARTICLE 17. SEVERANCE PAY • 17.1 Employees shall be eligible for severance pay in accordance with the School DistricYs Severance Pay Plan. The amount of severance pay allowed shall be that � amount permitted by state statutes subject to the provision that the maximum amount allowed shall be $4,000. or as established by Section 17.2 of this Article. 17.2 Severance PaX. The Employer shall provide a severance pay program as set forth in this Section: 17.2.1 To be eligible for the severance pay program, an employee must meet the following requirements: 17.2.1 .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" criteria shall also apply to employees covered by a public pension plan other than PERA. 17.2.1.2 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. 17.2.1.3 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. 17.2.1 .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 reemployment (of any type) with the City of Saint Paul or with Independent School District No. 625. 17.2.1 .5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his/her separation from service. • 25 ARTICLE 17. SEVERANCE PAY (continued) . • 17.2.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half 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. ' 17.2.3 The maximum amount of money that any employee may obtain through this severance pay program is $7,500. 17.2.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 17.2.5 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not conside�ed a separation of employment, and such transferee shall not be eligible for this severance program. 17.2.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 17.2.7 This severance pay program shall be subject to and governed by the � provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Section conflict with said Severance Pay Plan and in such cases, the provisions of this Section shall control. 17.2.8 Any employee hired prior to December 31, 1984, may, in any event, and upon meeting the qualifications of this Section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Section or the basic School District Severance Pay Ptan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1984, shall be entitled only to the benefits of this Section upon meeting the qualifications herein. � 26 ARTICLE 18. SICK LEAVE ' ��1,�� 18.1 Employees shall accumulate sick leave credits at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave shall be � granted in accordance with the Civil Service Rules. 18.2 Funeral Leave. Any employee who has accumulated sick leave credits, as provided ` in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. ARTICLE 19. MILEAGE, INDEPENDENT SCHOOL DISTRICT NO.625 19.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the following plan: Reimbursement is at the current Board approved rate or 28� per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. � Another consideration for establishing the maximum amount can be the experience of another employee working in the same or similar position. It is necessary for the employee to keep a record of each trip made. • 27 � INTENTIONALLY BLANK � • 28 q�-i�I51 ARTICLE 20. DURATION AND EFFECTIVE DATE • 20.1 Com ler� te A�eement with Waiver of Bargaining. This Ag�eement shall represent the complete Agreement between the Organization and the Employer. The parties acknowledge that during the negotiations which resulted in this . Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the comptete understandings and _ agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Organization, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shail not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 20.2 Except as herein provided, this Agreement shall �be effective as of the date it is executed by the parties and shall continue in full force and effect until . December 31, 1997, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 20.3 This constitutes a tentative Agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the School Board and is also subject to ratification by the Organization. � WITNESSES: INDEPENDENT SCHOO I�TRICT NO.625 SAINT PAUL SUPERVISORS' � / ORGANIZATION < �� L?,�a-c.�� Negotiations/Labor elations Manager Presi nt � Negotiations/Labor R ions Negotiator Assistant Manager �/�y/� y � Date Date � Chair, ard of Education Date • 29 • INTENTIONALLY BLANK � • APPENDIX A �� ✓ I v�� / • TITLES AND SALARIES STEP A B C D E F G 10 Year 15 Year NOTE' Start .5 Year' 1 Year 2 Year 3 Year 4 Year 5 Year 10 Year 15 Year Grade 10 � Inventory and Records Manager 12-23-95 1,334.50 1,379.86 1,428.17 1,492.82 1,560.31 1,630.95 1,703.46 1,750.91 1,798.23 1-4-97 1,367.86 1414.36' 1,463.87 1,530.14 1,599.32 1,671.72 1,746.05 1,794.68 1,843.19 Grade 13 Payroll Manager 12-23-95 1,443.31 1,493.86 1,548.23 1,618.00 1,689.36 1,767.04 1,849.60 1,899.01 1,948.53 1-4-97 1,479.39 1531.21• 1,586.94 1,658.45 1,731.59 1,811.22 1,895.84 1,946.49 1,997.24 r d 2 Accountant IV E.D.P. Supervisor 12-23-95 1,739.69 1,803.23 1,868.76 1,954.49 2,044.15 2,138.99 2,237.74 2,299.33 2,362.90 1-4-97 1,783.18 1848.31' 1,915.48 2,003.35 2,095.25 2,192.46 2,293.68 2,356.81 2,421.97 Grade 21 • Transportation Administrator 12-23-95 1,786.15 1,852.65 1,919.17 2,007.92 2,100.70 2,199.34 2,299.33 2,363.83 2,429.37 1-4-97 1,830.80 1898.97' 1,967.15 2,058.12 2,153.22 2,254.32 2,356.81 2,422.93 2,490.10 Grade 23 Accountant V 12-23-95 1,886.94 1,955.51 2,028.11 2,120.79 2,218.59 2,323.48 2,430.39 2,500.00 2,568.51 1-4-97 1,934.11 2004.40' 2,078.81 2,173.81 2,274.05 2,381.57 2,491.15 2,562.50 2,632.72 Grade 24 Environmental Health and Safety Manager (Civil Service Unclassified) Manager of Facility Planning (Civil Service Unclassified) Purchasing Manager 12-23-95 1,937.32 2,008.93 2,082.49 2,180.30 2,281.08 2,387.14 2,500.00 2,568.51 2,637.95 1-4-97 1,985.75 2059.15' 2,134.55 2,234.81 2,338.11 2,446.82 2,562.50 2,632.72 2,703.90 �NOTE: Years listed above are illustrative. The rules governing step progression are unchanged with the exception that employees appointed after July 1, 1996, are not eligible for placement on Step B, and will • normally move from Step A to Step C after 2,080 hours. A • INTENTIONALLY BLANK • , •