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96-1144 Council File# -" � Green Sheet# 35795 ORiVIN� L RES ON I IN UL, MINNESOTA a0 Presented by Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 May 1, 1996 through June 30, 1998 Collective Bargaining Agreement between the Independent School 3 District No. 625 and The Tri-Council, Loca149, Local 120, and Local 132. Yeas Na s Absent Requested by Department of: Blakey �/' Office of Labor Relations Bostrom � Guerin � Hanis � By: Megard � Rettman �/ Form App ed by i eyc � n � Thune �/ By: Adopted by Council: Date� � .�ST�,q� Appraved by Mayor for Submission to Council Adoption Certified by Council Secretary By: /�� - <(�� By: � Approved by Mayor: Date G �(p By: ✓ 9'� -�/�`f� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET NO.' 35795 LABOR RELATIONS September 3, 1996 ' CONTACT PERSON&PHONE: � INITIAL/DATE INITIAL/DATE MARY H. KEARNEY 266-6495 ASSIGN 1 DEPARTMENT DIR. mk q S 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COLINCIL AGENDA BY(DATE) FOR BUDGET DIR. FIN.&MG7'.SERVICE DIR. ORDER G 3 MAYOR(OR ASSTJ ��,�,`� g 3�d TOTAL#OF SICNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) S ACTION REQUESTED: ��(��`� O��y�'� This resolution approves the attached May 1, 1996 through June 30, 1998 Collective Bargaining Agreement between the Independent School District No. 625 and The Tri-Council, Local 49, Local 120, and Local �32. RECOMMENDATIONS:Approve(A)or Reject(R) PERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: PLANNING COMMISSION _CIVIL SERVICE COMMISSION l. Has this person/firm ever worked under a contract for this department? CIB COMMITTEE Yes No STAFF 2. Has this person/firm ever been a city employee? D(STRICT COURT Yes No SUPPORTS WH1CH COUNCIL OBIECTIVE? 3. Does this person/firm possess a skill not normally possessed by any current city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet INITIATING PROBLEM,ISSI?E,OPPORTUNITY(Who,What,When,Where,Why): See Attached. RECE9V�D S EP 0 5 i9�� ADVANTAGES IF APPROVED: MAYCC�'��Q��'� See attached. This Agreement pertains to Board of Education employees only. DISADVANTAGES IF APPROVED: NOrie. , �� ;�� t� �� d � � ,. DISADVANTAGES IF NOT APPROVED: ��y'+`�""'a`�`-"" `""� TOTAL AMO�JNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORM.4TION:(EXPLAIN) NOTE: COMPLETE DIREC7'IONS ARE INCLUDED IN THE GREEN SHEE'T INSTRUCTIONAL MANUAL AVAILABLE IN THE PURCHASING OFF)CE(PHONE NO.266-8900�. ROUTING ORDER: Below�are correct routings for the fi��e most frequent rypes of documents: � CONTRACTS(assumes authorized budget exists) COUNCIL RESOLUTION(Amend Budgets/Accept.Grants) l. Outside Agenc�� 1. Department Director 2. Department Director 2. Budget Ditector 3. City Attorney 3. City Attorney 4. Mayor(for contracts over$15,000) 4. Mayor/Assistant 5. Human Rights(for contracts ovet$50,000) 5. Ciry Council 6. Finance and Management Services Director 6. Chief Accountant,Finance and Management Services 7. Finance Accounting ADMMISTRATIVE ORDERS(Budget Revision) COUNCIL RESOLU7ION(all others.and Ordinances) 1. Activiry Manager 1. Department Director 2. Department Accountant 2. City Attomey 3. Department Director 3. Mayor/Assistant 4. Budget Director 4. City Council S. City Clerk 6. Chief Accountant. Finance and Management Services ADMINISTRATIVE ORDERS(all others) 1. Department Director 2. City Attorne} 3. Finance and Management Services Director 4. City Clerk T07'AL NUMBER OF SIGNATURE PAGES Indicate the�of pages on which signatures are required and paperclip or flag each of these pages. AC?ION REQUESTED Describe what the projecUrequest seeks to accomplish in either chronological order or order of importance.whichever is most appropriate for the issue. Do not u•rite complete sentences. Begin each item in your list��ith a verb. RECOMMENDATIONS Complete if the issue in question has been presented before an��body,public or private. SUPPOR7'S V1'H1CH COUNCIL OBJECTIVE? � Indicate which council ob.jective(s)your projecdrequest supports by listing the key word(s)(HOUSING.RECREATION,NEIGHBORHOODS, ECONOMIC DEVELOPMENT.BUDGE'T,SEWER SEPARATION). (SEE COMPLETE LIS'f IN INS"fRUCT10NAL MANUAL.) PERSONAL SERVICE CON"fRACTS: This information will be used to determine the city's liability for workers compensation claims,taxes and proper civil service hiring rules. INITIATING PROBLEM.1SSUE,OPPORTUNITY Explain the situation or conditions that created a need for your project or request. ADVAN'fAGES IF APPROVED Indicate w�hether this is simpl;-an annual budget procedure required by law/charter or whether there are specific ways in which the Ciry of Saint Paul and its citizens�•ill benefit from this projecUaction. DISADVANTAGES IF APPROVED What negative effects or major changes to existing or past processes might this projecUrequest produce ir it is passed(e.g.,traffic delays,noise,tax increases or assessments)? ?o Whom? When? For how long? DISADVANTAGES IF NOT APPROVED What H�ill be the negative consequences if the promised action is not approved? Inabilit}�to deliver service? Continued high traffic,noise,accident rate? Loss o!'revenue? FINANCIAL IMPAC7' Although you must tailor the inTormation 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? � ��—�rs�� INDEPENDENT SCHOOL DISTRICT NO. 625 , BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 18, 1996 TOPIC: Approval of an employment agreement with the Tri-Council, Locals No. 49, 120, and 132, exclusive representatives for drivers, grounds and labor employees, and heavy equipment operators. A. PERTINENT FACTS: 1. Term of the contract is from May 1, 1996 through June 30, 1998 (26 months). 2. Contract changes include: INSURANCE: Retiree Heatth Insurance: The provisions regarding retiree health insurance are changed consistent with the new overall long-term Transitional Plan developed with the teacher bargaining unit Heafth Insurance Premium Contributions: Effective May 1, 1996: Employee coverage maximum-increased by$5. Family coverage maximum-increased by$15. Effective January 1, 1997: Employee coverage maximum-increased by$10. Famiy coverage maximum-increased by$20. Effective January 1, 1998: Employee coverage maximum-increased by$10. Family coverage maximum-increased by$10. Regular employees who are part of the seasonal winter layoff will continue on the District health insurance coverage with the employer's contribution toward premium costs for up to four additional months. SEVERANCE: The days to qualify for severance will be changed to 60 days consistent with most other groups. WAGES: Effective Aprii 27, 1996: 2%increase on all rates. The two crew leader positions will be adjusted by 20�per hour prior to the general wage rate increase. The premium for operation of grass cutting equipment over 50 hp will be increased by 5¢to 50�. Effective April 26, 1997: 2%increase on all rates. t , 9`� //�� Employment Agreement: Tri-Council Locals No. 49, 120 and 132 June 18, 1996 Page Two 3. The District has 15.5 FTE (approximately 30 regular employees, many of whom are employed in this bargaining unit for seasonal assignments). 4. Requested by Richard Kreyer, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom the Tri-Council, Locals No. 49, 120, and 132 is the exclusive representative; duration of said Agreement is for the period May 1, 1996 through June 30, 1998. �� // � � � 1996 - 1998 �� COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 May 1 , 1996 through June 30, 1998 � �� d , � d � , �� o � PUBLIC SCHOOLS LIFELONG LEARN/NG � � ��d � � �� PUBLIC SCHOOLS ��fELONG LEARN/NG SAINT PAUL PUBLIC SCHOOLS ' Independent School District No. 625 Board of Education: � Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Director Becky Montgomery - Treasurer Administration: Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, Planning and Support Services Maureen A. Flanagan - Assistant Superintendent, Administration and Government Relations William A. Larson - Assistant Superintendent, � Fiscal Affairs and Operations Cy R. Yusten - Assistant Superintendent, Teaching and Learning � ii l� � � l�-1 � INDEX ' ARTI LE TITLE PAGE Principles................................................................................. v 1 . Recognition................................................................................ 1 2. Maintenance of Standards.......................................................... 2 3. Union Rights.............................................................................. 2 4. Payroll Deduction...................................................................... 3 5. Management Rights.................................................................... 3 6. Safety......................................................................................... 4 7. Discipline Procedure................................................................ 5 8. Hours......................................................................................... 6 9. Insurance................................................................................... 7 10. Employee Rights - Grievance Procedure.................................. 2 1 1 1 . Seniority................................................................................... 2 3 12. Vacations.................................................................................... 2 4 13. Holidays..................................................................................... 2 5 � 14. Jury Duty.................................................................................. 2 6 15. Severance Pay........................................................................... 2 6 16. Wages......................................................................................... 2 9 17. Savings Clause........................................................................... 2 9 18. Jurisdiction............................................................................... 3 0 19. Sick Leave.................................................................................. 31 20. Parental/Maternity Leave........................................................ 3 2 21 . Legal Services........................................................................... 3 2 22. Strikes, Lockouts, Work Interference...................................... 3 2 23. Terms of Agreement.................................................................. 3 3 AppendixA.............................................................................. A 1 -3 AppendixB.............................................................................. B 1 -2 � iii � INTENTIONALLY BLANK � • iv q� �i �� PRINCIPLES � This Agreement is entered into to facilitate the adjustment of grievances and disputes ,� between the Employer and employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the Employer and the Union. � ' The Employer and the Union encourage the highest possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on full understanding of and regard for the respective rights and responsibilities of both the Employer and the employees. There shall be no discrimination against any employee by reason of race, color, creed, sex or Union membership. The Employer and the Union affirm their joint opposition to any discriminatory practices in connection with employment, promotion or training, remembering that the public interest remains in full utilization of employees' skill and ability without regard to consideration of race, color, creed, national origin, age or sex. � � v � , INTENTIONALLY BLANK � � ��4� 1�� ARTICLE 1 . RECOGNITION � 1 .1 The Employer recognizes the Union as the sole and exclusive collective bargaining - agency for all employees who have been certified by the State of Minnesota, Case � No. 89-PR-2347, as follows: � All employees in the classifications of: Heavy Equipment Operator Plasterer's Tender School Grounds Crew Leader . School Labor Crew Leader School Service Worker Abolished titles formerly recognized as exclusively represented by the Union: *Asphalt Raker Sno-Go Operator *Asphalt Shoveler Stores Laborer *Building Laborer Sweeper Operator *Driver Operator Tamper Forestry Crew Leader *Tractor Operator I Garden Laborer Tractor Operator II Gardener *Tree Trimmer I Grounds Crew Leader *Tree Trimmer II *Groundsworker Tree Worker Jackhammer Operator Truck Driver � Labor Crew Leader *Unskilled Laborer Mortar Mixer who work more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exclusively represented by other labor or employee organizations. 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 Labor Relations Act to accomplish said objective. 1 .2 The Employer agrees not to enter into any contractually binding agreements with any employee or representative not authorized to act on behalf of the Union. There shall be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. � � 1 ARTICLE 2. MAINTENANCE OF STANDARDS � 2.1 The parties agree that all conditions of employment relating to wages, hours of � work, overtime differentials, vacations, and all other general working conditions - shall be maintained at not less than the highest minimum standard as set forth in � the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the � conditions of employment shall be improved wherever specific provisions for - improvement are made elsewhere in this Agreement. ARTICLE 3. UNION RIGHTS 3.1 The Union may designate employees from within the bargaining unit to act as Stewards and shall inform the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (Grievance Procedure). There shall be no more than one steward from each local involved in any one specific grievance. 3.2 There shall be no deduction of pay from stewards when directly involved in meetings with management during working hours for grievance procedures. 3.3 Designated union representatives shall be permitted to visit employees on job � sites and at department buildings during working time. . � 2 �W �� ARTICLE 4. PAYROLL DEDUCTION � 4.1 The Employer shall, upon request of any emplo ee in the unit, deduct such sum as Y .� the Union may specify for the purposes of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The Employer shall remit monthly ' such deductions to the appropriate designated Union. 4.2 In accordance with Minnesota Statute § 179.65, Subd. 2, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from all certified employees who are not members of the exclusive representative. 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. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The Employer will indemnify, defend, and hold the Union harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this Article. � ARTICLE 5. MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 5.2 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. � 3 ARTICLE 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Employer and all � employees. To this end, the Employer and employee will, to the best of their � ability, abide by and live up to the requirements of the several State and Federal � Construction Safety Codes and Regulations. 6.2 To this end, the Employer shall from time to time issue rules or notices to his � employees regarding on-the-job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation shall be provided without cost to the employee. At the Employer's option, the employees may be required to sign for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $60 annually toward the purchase or repair of one pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute to the cost of one pair of shoes per year and shall not be responsible for any additional cost for any additional shoes during that year. This reimbursement shall be made only after investigation and approval by the immediate supervisor of that employee. This contribution to be made by the Employer shall apply only to those employees who are required to wear protective shoes or boots by the Employer. � � � 4 ��t� � � �� ARTICLE 7. DISCIPLINE PROCEDURES � 7.1 The Employer will discipline employees for just cause only. Discipline will be • in the form of: a) Oral reprimand; � b) Written reprimand; � c) Suspension; d) Reduction; e) Discharge. 7.2 Suspensions, reductions, and discharges will be in written form. 7.3 A notice in writing of suspensions, reductions, and discharges shall be sent to the employee and the Union within seventy-two (72) hours after such action is taken. 7.4 Discharges will be preceded by a five (5)-day preliminary suspension without pay. During said period, the employee and/or Union may request, and shall be entitled to a meeting with Employer representative who initiated the suspension with intent to discharge. During said five (5)-day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 7.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 10, or under Civil Service grievance procedures, but not both. Oral reprimands shall not be grievable. 7.6. Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half (1/2) hour before the beginning of such workday. 7.7 Failure to make such notification may be grounds for discipline. � 5 ARTICLE 8. HOURS 8.1 The normal workda shall be ei ht 8 consecutive hours er da , excludin a M Y 9 ( ) P Y 9 thirty (30)-minute lunch period. '_ The normal work week shall be five (5) consecutive normal workdays in any seven (7)-day period. (For employees on a shift basis this shall be construed to " mean an average of forty [40] hours a week.) 8.2 Except in cases of emergencies, the Employer shall notify the affected Union of an intention to change a shift at least twenty-four (24) hours prior to the beginning of the new shift. 8.3 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 8.4 Call-in Pav: When an employee is called to work, he/she shall receive two (2) hours of pay if not put to work. If he/she is called to work and commences work, he/she shall be guaranteed four (4) straight-time hours of pay. 8.5 Overtime: Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The � basis on which such overtime shall be paid shall be determined solely by the Employer. The time-and-one-half overtime rate shall be based on the total rate, including any premium pay, being earned during the overtime hours worked. 8.6 The work break shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's work station. 8.6.1 An employee shall be allowed one fifteen (15) minute rest break during each four (4)-hour period worked during the employee's normal workday. Any employee required to remain at work following the completion of an eight (8)-hour workday shall be allowed a fifteen (15) minute break at approximately two (2) hours after the end of his/her normal workday, and after the completion of every four (4) hours of work thereafter. � 6 �� - � �� ARTICLE 9. INSURANCE � SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE ' 1 .1 The insurance plans, premiums for coverages and benefits contained in the insurance plans offered by the Employer shall be solely controlled by the • contracts negotiated by the Employer and the benefit providers. The Employer � will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in the benefits which a specific provider implements. IRS rules and regulations shall govern the Employer provided health and welfare benefit program. � 1 .2 Eliaibility 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. An employee will be considered half-time only if such employee is assigned to a position which is regularly assigned half time hours. 1 .45 Em�loyer Contribution Amount--Full-Time Employees: Effective May 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 $310 per month, whichever is less. 1 .5.1 Effective January 1, 1997, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $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 $330 per month, whichever is less. " 1 .5.2 Effective January 1, 1998, for each eligible employee covered by this � Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such � coverage or $200 per month, whichever is less. For each eligible _ full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $340 per month, . whichever is less. 7 ARTICLE 9. INSURANCE, SECTION 1. (continued): 1 .6 Employer Contribution Amount--Half-Time Employees: For each eligible � employee covered by this Agreement who is employed half time, the Employer agrees to - contribute fifty percent (50%) of the amount contributed for full-time employees � selecting employee coverage; or for each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount ' contributed for full-time employees selecting family coverage in the same insurance plan. 1 .7 Regular employees actively enrolled in the medical and/or life insurance plans who routinely become laid off during the winter months shall receive up to four (4) months of District contribution towards the medical and /or life insurance premiums during the lay-off period. 1 .8 Any employee having ten (10) or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has exhausted all his/her sick leave and vacation shall be eligible for Employer-paid health and welfare benefits for a maximum of three (3) years. 1 .9 Life Insurance: For each eligible employee, the Employer agrees to contribute to the cost of $25,000 life insurance coverage. The total premium contribution by the Employer for all life insurance coverage shall not exceed $6.32 per month. This amount shall drop to $5,000 of coverage in the event of early retirement until the eligible retiree reaches age 65; then all Employer coverage shall terminate. 1 .10 Flexible S ep nding Account: It is the intent of the Employer to maintain during � the term of this Agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer- paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1 .11 The contributions indicated in this Article 9 shall be paid to the Employer's group health and welfare plan. 1 .12 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 9 shall be paid by the employee through payroll deduction. Employees on winter layoff who are receiving District contributions described in 1.7 above shall pay any excess premium costs directly to the designated third party administrator for the District. Failure to make such timely payments will result in loss of coverage retroactive to the last date of premium paid by the employee. Reinstatement of coverage will not be permitted during the period of layoff. � 8 a�- r �� ARTICLE 9. INSURANCE (continued) � � SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT Subd. 1 Required Conditions for Retirees (Age 65 and Over), � Effective January 1, 1996 through June 30, 1997 � 1 .1 Eligible and participating employees who retire on or after January 1, 1996, � must meet the following conditions at the time of retirement to qualify for any continuing District contributions toward premium payment for health insurance at age 65 or over: 1 .1 .1 Effective January 1. 1996: Required conditions for employee appointed to service in Independent School District No. 625 in a position within this bargaining unit prior to January 1, 1996: Eligible employees who were appointed to positions within this bargaining unit prior to January 1, 1996, and who retire on or after January 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1 .1.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. � 1.1.1 .2 Employees retiring after January 1, 1996, must have completed the following service eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. A. Employees hired before May 1, 1992, must have completed at least ten (10) years of continuous employment with the District. For such employees or early retirees who have not completed at least ten (10) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. B. Employees hired on or after May 1, 1992, 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 65. � 9 ARTICLE 9. 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 not 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 in 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 9, Section 2, Subd. 3.1 of this Agreement following hereafter. � This provision expires and is null and void after June 30, 1997. i 10 �� - i � �-}� ARTICLE 9. 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, J 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 ir�surance 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-five (55) years of age and have completed � twenty-five (25) years of service; o r B. The combination of their age and their years of service must equal eighty-five (85) or more; o r C. Must have completed at least thirty (30) years of service; or D. Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but not for Subd. 2.1.2 D. 2.1 .3 Em 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 School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 11 ARTICLE 9. INSURANCE, SECTION 2. (continued): 2.1 .5 Additional dependents beyond those designated to the District at the time � of retirement may not be added at the District expense after retirement. - 2.1 .6 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits � provided in this Section. - 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreemerit 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. 2.4 The Employer will for the period of this agreement provide for half-time employees who retire after the time of execution of this agreement and until such employees reach sixty-five (65) years of age fifty percent (50%) of such health insurance contributions and fifty percent (50%) of such $5,000 basic life insurance contributions as are provided by the Employer for full-time employees who retire under this agreement. 2.5 A retiree's participation in the Employer's health insurance plan must be continuous. If a retiree chooses not to participate at the time of retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 2.6 In the event of the death of a retiree who was hired on or after May 1, 1992, and who is participating in the Employer's health insurance program, the surviving - spouse or dependent of the deceased may continue to participate in the Employer's health insurance plan at their/his/her own cost. Eligibility to continue to ' participate shall terminate when such spouse or dependent remarries or becomes • eligible for group health insurance through another employer. � 12 ��I� �� ARTICLE 9. INSURANCE, SECTION 2. (continued): � Subd. 3. Retir m n B nefi Tr nsi i n I PI n Background Information: . � In the negotiation of this Labor Agreement for the 1996-1998 term, it was the intent of the parties to develop a long-range plan for retirement benefits which could be available to employees and managed by the District on a currently funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of retirement health insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range plan for accomplishing that goal by providing current active employees with the choice of one of three alternative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for his/her retirement. In addition, the plan design provides for future employees; i.e., those hired on or after January 1, 1996, the opportunity (after completing three [3] full years of consecutive active service) to participate in a deferred compensation savings plan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee in financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). � Employees hired before January 1, 1996, and employees hired on or fa ter January 1, 1996, who fulfill the specified following conditions listed below will be eligible for District contribution to payment of premiums for insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2, 2.3 and 2.4 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 anr�ointed into Inde�endent School District No 625 service on or after January 1 1996 must have comc�leted twenty (20) years of continuous em�loyment with Independent School District No 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked . in City of Saint Paul will 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). � 13 ARTICLE 9. 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 ear�y retirement health insurance premium contribution as provided in Subd. 3.1. � � • 14 ��1� - 11�1� ARTICLE 9. 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 o� 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 4ver Insurance Option • Option 2 - Minnesota Deferred Compensation Plan Option • Option 3 - Transitional Severance Allowance Option 3.3.1 Reauired Conditions for ALL Retirees effective January 1 1996. Eligible employees who retire on or after January 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1 .1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District � No. 625. 3.3.1.2 Employees hired before January 1, 1996, must have completed continuous employment requirements in Subds. 1.1.1.2 through 1.1.1.5. Years of certified civil service time with the City of Saint Paul earned prior to January 1, 1996, will continue to be counted toward meeting the DistricYs service requirement in this Subd. 3.3.1.2. Time worked with the City of Saint Paul after January 1, 1996, will be considered a break in District employment. 3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. ' 3.3.1 .4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.3.1 .5 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � 15 ARTICLE 9. INSURANCE, SECTION 2. (continued): 3.3.2 Option 1 - Transitional Retiree Aqe 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 15, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before January 1, 1996, who retire at age sixty-five (65) or later and who are eligible under Subd. 3.3.1 of this Article and the � terms of the policy provided in this Subd. 3.3.2, or for early retirees who qualified under the conditions of 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 and as referenced in Subd. 2.4 of this Section, for a Medicare Supplement health coverage policy selected by the District. Effective July 1, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65) will not exceed: Coverage Type in le Familv Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or . coverage will be discontinued. 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. 16 �i�- i ��-I ARTICLE 9. INSURANCE, SECTION 2. (continued): � 3.3.3 Ontion 2 - Minnesota Deferred Compensation Plan Option Effective July 1, 1997, employees hired before January 1, 1996, who have completed at least three (3) full years of continuous active service � within Independent School District No. 625 can become eligible to participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this,Subdivision). Time worked in City of Saint Paul prior to January 1, 1996, will be counted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Option 1 - Transitional Retiree age 65 and over Insurance Option as provided in 3.3.2 above of this Subdivision. • The employee must irrevocably waive Option 3 - Transitional Severance Allowance prior as provided under 3.3.4 (below) of this Subdivision. • The employee is not required to waive eligibility for Severance Pay provided in the Article 15, Severance Pay of this Agreement. � • The employee must initiate an application to participate through the District's specified procedures. Matching contribution by the District can only occur so long as the employee remains in continuous active service in the District, and shall not exceed $500 per year, with a cumulative lifetime maximum total of $12,500. Approved non-compensatory leave shall not be considered a break in service and shall not be counted in completing the three (3) year requirement. Eligible part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1/2) the annual match by the District. � 17 ARTICLE 9. INSURANCE, SECTION 2. (continued): � 3.3.4 Option 3 - Transitional Severance Allowance Option: � 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 re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with 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. 18 �� -�� i �� ARTICLE 9. INSURANCE, SECTION 2. (continued): � � • The employee must elect to waive all severance pay - described in Article 15, 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 I er 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 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, will be eligible for 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 15, Severance Pay section of this Agreement. 19 ARTICLE 9. INSURANCE, SECTION 2. (continued): � 3.3.4.4 At no time, and under no circumstances shall this Option � 3 - Transitional Severance Allowance Option be available � to any person hired by the District into Independent School District No. 625 service on or after January 1 , 1996. - This Option 3 - Transitional Severance Allowance Option expires on June 30, 2017, and will be thereafter null and void. 3.3.5 Choice of Options: It will be apparent to current employees that if Option 2 - Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is to be elected by the employee, that choice should be made at the earliest possible date, in order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possible selection of Option 1 - Transitional Retiree Age 65 and Over Insurance Option (Subd. 3.3.2) O R Option 3 - Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly before actual retirement. Once made, the decision is irrevocable. District Benefits Office will provide information upon request. 3.3.5.1 If state and federal law permits, and the option � remains available from carriers, the District will allow eligible retirees at age 65 who were hired in o 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. � 20 �� - � � �-�� ARTICLE 10. EMPLOYEE RIGHTS-GRIEVANCE PROCEDURE � 10.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union � shall notify the Employer in writing of the names of the stewards and of their successors when so named. ' 10.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor(s) to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 10.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 10.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal • basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step 2. Within seven (7) calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any � grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. � 21 ARTICLE 10. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance � referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or designated representative and ". attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union � may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shall be,considered waived. SteP 4• If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 10.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or � subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 10.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 10.7 The time limits in each step of this procedure may be extended by mutual , agreement of the Employer and the Union. 10.8 It is understood by the Union and the Employer that if an issue is determined by this grievance procedure, it shall not again be submitted for arbitration under other procedures. If an issue is determined by the provisions of other , procedures, it shall not again be submitted for arbitration under this grievance procedure. � 22 �� ^ I` �� ARTICLE 11 . SENIORITY - • 1 1 .1 Seniority, for the purpose of this Agreement, shall be defined as follows: � 11 .1 .1 "District/City Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 11 .1 .2 "Class Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 1 1 .2 Seniority shall terminate when an employee retires, resigns or is discharged. 11 .2.1 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each division based on inverse length of "Class Seniority." Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two (2) years of layoff. 11 .2.2 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles � to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 11 .2.3 It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originally certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, return to original class as provided in paragraph (A) above. 11 .2.4 When the new title, School Service Worker is established, incumbents who become certified in the new title shall also retain the seniority acquired in the old title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 1 1 .3 To the extent possible, vacation periods shall be assigned on the basis of "Class - Seniority," within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 1 1 .4 Promotions shall be handled in accordance with current Civil Service Rules and ` practices. � 23 ARTICLE 12. VACATIONS 12.1 Vacation credits shall accumulate at the rates shown below for each full hour on • the payroll, excluding overtime: � Years of Service Hours of Vacation First year through completion of 5 years .0385 (10 days) . After 5 years through completion of 10 years .0577 (15 days) After 10 years through completion of 15 years .0654 (17 days) After 15 years through completion of 25 years .0885 (23 days) After 25 years and thereafter • .0962 (25 days) For employees appointed prior to January 1, 1967, years of service will be defined to mean the number of years since the date of appointment. For employees appointed on or after January 1, 1967, years of service shall be determined by the actual number of hours worked. 12.2 The head of the department may permit an employee to carry over one hundred twenty (120) hours of vacation into the following "vacation year." For the purpose of this Article, the "vacation year" shall be the fiscal year (IRS payroll reporting year). 12.3 Scheduling of vacation is subject to approval of the employee's supervisor. 12.4 If an employee has an accumulation of sick leave credits in excess of one hundred � and eighty days (180), the employee may convert any part of such excess at the rate of two (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 12.5 The maximum number of vacation days allowed by the conversion of sick leave credits shall be no more than five (5) days in any one (1) year so that the maximum vacation time which may be taken in any one (1) year shall be forty (40) days including the regular vacation period, and time carried over. � 24 �1� -1 � ��-I ARTICLE 13. HOLIDAYS • 13.1 Holidays recognized and observed. The following twelve (12) days shall be � designated as holidays: New Year's Day � Martin Luther King Jr. Day ' Presidents' Day Memorial Day Independence Day Labor Day , Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two floating holidays. Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever New Year's Day, Independence Day or Christmas Day shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of these three holidays falls on Sunday, the following Monday shall be observed as the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, subject to the approval of the department head of any employee. � 13.3 Eligibility Requirements: In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six (6) working days of the nine (9) working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shall the holiday be counted as a working day for the purposes of this Section. It is further understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. 13.4 If Presidents' Day, Martin Luther King Jr. Day, Columbus Day or Veterans' Day falls on a day when school is in session, the employees 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. 13.5 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 8.4 (Call-In Pay). , 13.6 Notwithstanding Article 13.1, the Employer may at anytime during the life of this Agreement designate the Day after Thanksgiving as a paid holiday. In the - event of such designation, the Columbus Day holiday or one floating holiday shall . be deleted from the paid holidays list as set forth in Article 13.1. � 25 ARTICLE 14. JURY DUTY 14.1 Any employee who is required during regular working hours to appear in court � as a juror or witness, except as a witness in his own behalf against the � Employer, shall be paid his/her regular pay while so engaged, provided, � however, that any fees that the employee may receive from the court for such service shall be paid to the Employer and be deposited with Independent School " District No. 625, Business Office. Any employee who is scheduled to work a shift ` other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 15. SEVERANCE PAY 15.1 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 15.2 of this Article. 15.2 Severance Pay: Provisions effective May 31 1984. The Employer shall provide a severance pay program as set forth in this Section. � 15.2.1 To be eligible for the severance pay program, an employee must meet the following requirements: 15.2.1 .1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 85" or the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 15.2.1 .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. 15.2.1 .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. . • 26 �� -�� ARTICLE 15. SEVERANCE PAY (continued) � 15.2.1 .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 re-employment (of any type) � with the City of Saint Paul or with Independent School ' District No. 625. 15.2.1 .5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of separation from service. � 15.2.2 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum total payment of $7,500. 15.2.3 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. � 15.2.4 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. 15.2.5 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. 15.2.6 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. 15.2.7 Any employee hired prior to May 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 � May 31, 1984, shall be entitled only to the benefits of this Section 15.2 upon meeting the qualifications herein. � 27 ARTICLE 15. SEVERANCE PAY (continued) 15.2.8 An employee of Independent School District No. 625 shall not be eligible � for the severance pay provision of this Section if such employee is also � eligible and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated October 18, 1983. � 15.3 For employees appointed to a title covered by this Agreement on or after May 1, 1989, the Employer shall provide only the severance pay program as set forth in 15.3 through 15.9. 15.4 To be eligible for the severance pay program, an employee must meet the following requirements: 15.4.1 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 the School District severance pay program. 15.4.2 The employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or re-employment (of any type) with the City or with Independent School District No. 625. 15.4.3 The employee must have an accumulated balance of at least sixty (60) � days of sick leave credits at the time of his separation from service. 15.5 If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum as shown below based on the number of years of service in the School District/City. Years of Service with the School DistricUCity Maximum Severance PaX At Least 2 0 $ 4,0 0 0 2 1 4,700 22 5,400 23 6,100 24 6,800 25 7,500 15.6 For the purpose of this severance program, a death of an employee shall be , considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, payment of � the severance pay shall be made to the employee's estate or spouse. , � 28 ��,' � �Lt� ARTICLE 15. SEVERANCE PAY (continued) � 15.7 For the purpose of this severance 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 the School District severance program. ' 15.8 The manner of payment of such severance pay shall be made in accordance with the provisions of the original School District Severance Pay Plan, as cited in 15.2.5 above. 15.9 This severance pay program shall be subject to and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with Severance Pay Plan and in such cases, the provisions of this Article shall control. ARTICLE 16. WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular, and probationary employees. � 16.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours worked by temporary employees. 16.3. When an employee who is certified to more than one title in this unit is working in a higher paid title and is using sick leave, vacation time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by applying the holiday pay eligibility requirements, as specified in Article 13, Section 13.3. If those requirements are not met, the sick leave, vacation, or holiday pay shall be at the lower rate. ARTICLE 17. SAVINGS CLAUSE 17.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall be held contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such • provision shall be voided. All other provisions shall continue in full force and effect. s 29 ARTICLE 18. JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as � an appropriate subject for determination by the various unions representing � employees of the Employer. 18.2 In the event of a dispute concerning the performance or assignment of work, the � unions involved and the Employer shall meet as soon as mutually possible to � resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 18.3 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7 (Disciplinary Procedures). 18.4 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. 18.5 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance No. 14013. � � 30 q� -� �� ARTICLE 19. SICK LEAVE � 1 9.1 Sick leave shall accumulate at the rate of .0576 of a working hour for each fuil hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. ' To be eligible for sick leave, the employee must report to his/her supervisor no later than one-half (1/2) hour past his/her regular scheduled starting time. " The granting of sick leave shall be subject to provision of verification when required by the supervisor. 1 9.2 Specified Allowable Uses of Sick Leave 19.2.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the household, and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentists, optometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave for any one instance, to a maximum of twenty-four (24) hours in any one calendar year. 19.2.2 An employee who works twelve (12) consecutive months per year for an average of twenty (20) or more hours per week may use � accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to Minnesota Statute § 181.9413 and shall remain available so long as provided in statute. 19.2.3 One (1) day of accumulated sick leave credit may be used by the employee in the event of the death of the employee's grandparent or grandchild. 19.3 Absence while on Sick Leave with Pav 19.3.1 During any period in which an employee is absent from work on sick leave with pay, the employee shall not be employed or engaged in any occupation for compensation outside of his/her regular employment with Independent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 19.4 Sick leave without pay may be granted in accordance with the provisions of � Section 20H of the Civil Service Rules for a period up to but not to exceed � three (3) years. � 31 ARTICLE 20. PARENTAL/MATERNITY LEAVE � 20.1 Parental leave shail be granted to employees for the birth or adoption of a chiid � in accordance with applicable state laws. 20.2 Maternity 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. � 20.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year for school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 rules, so long as the statute so provides. ARTICLE 21 . LEGAL SERVICES 21 .1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless, and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out • of an alleged act or omission in the performance and scope of the employee's duties. 21 .2 Notwithstanding 21.1, 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. ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and the Employers agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay-in or other concerted interference with the Employer's business or affairs by any of said Unions and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy • which may arise. � 32 �� - i �� ARTICLE 23. TERMS OF AGREEMENT � 23.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make , proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any � and all prior agreements, resolutions, practices, policy or rules or regulations . regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 23.2 Except as herein provided, this Agreement shall be effective as of the date it is executed by the parties and shall continue in full force and effect through June 30, 1998, and thereafter until modified or amended by mutua! 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. 23.3 This constitutes a tentative agreement between the parties which will be recommended by the Board of Education negotiator but is subject to the approval of the Board of Education of Independent School District No. 625 and is also subject to ratification by the Unions. WITNESSES: � INDEPENDENT SCHOOL DISTRICT NO.625 TRI-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DRIVERS LOCAL NO 120 LABORERS LOCAL NO. 132 / , - � � Negotiations/L.abor Rel ns Manager Business R r ntative, Local No. 49 � ��- � -= � , � � � s ��c Date Business Manager, Local No. 49 G- � > > . � �.� � ' Chair, B rd of Education Business presentative, Local 120 � � � � . Date Business Manager, Local No. 132 (�,�/5'�� Date � 33 APPENDIX A � The hourly wage rates for provisional, regular and probationary employees working in • the classes listed below are as shown: GROUP A ' Effective Effective 4-27-96 4-26-97 School Grounds Crew Leader $17.66 $18.01 School Labor Crew Leader $17.6 6 $18.01 School Service Worker $16.40 $16.73 Plasterers Tender $18.77 $19.14 GROUP B � Effective Effective 4-27-96 4-26-97 Heavy Equipment Operator $18.77 $19.14 A1 � ��-- � i'�� APPENDIX A (continued) � � Effective upon the effective date of this contract, except as otherwise noted, the following • premium pay provisions shall apply: A. Any School Service Worker in this bargaining unit assigned to operate a Chain " Saw, Chipping Hammer or Jack Hammer shall receive 25¢ per hour above the ' regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. B. Any employee in this bargaining unit required to work eight (8) feet or lower beneath ground shall receive 25� per hour above�the regular base rate for each hour or any part thereof worked in such an assignment. C. Any School Service Worker in this bargaining unit assigned to operate a Mortar Mixer, shall receive 20� per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. D. Any School Service Worker in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer, or as a Plasterer Helper shall receive 30¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. D1. A School Service Worker who has completed the certified Plasterer's Tender training program, and is assigned to perform the duties of a trained and certified plasterer's tender, shall be eligible for the • Plasterer's Tender rate described in Group A of this Appendix and not the 30� per hour in D. above. E. Any School Service Worker in this bargaining unit assigned to drive tandem trucks shall receive 20� per hour above their base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. F. Any School Service Worker in this bargaining unit assigned to operate a Power Tamper, shall receive 30¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. G. Any School Service Worker assigned to operate a tractor with power take-off over 50 horse power which is used for grass cutting shall receive 50¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour actually worked in such an assignment. H. Any School Service Worker assigned to operate any of the equipment covered by the abolished class title, *Asphalt Raker, shall receive 45� per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour actually - worked in such an assignment. " "This title abolished except as to present incumbents � A2 APPENDIX A (continued) • I. Any School Service Worker assigned to operate any of the equipment covered by ` the abolished class title listed, '`Asphalt Shoveler, shall receive 20� per hour above the regular base rate for each hour or any part over one-fourth (1/4) � hour actually worked in such an assignment. ' J. Any School Service Worker who holds a license to apply or use regulated pesticides and chemical treatments, who is assigned to perform work involving the application of such regulated substances, shall receive 40¢ per hour for each hour or any part over one-fourth (1/4) hour actually worked in such assignment. The term "regulated" as used here, refers to substances whose use and application requires the license noted herein. K. A premium pay of fifty cents (50�) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. All standard safety laws shall be complied with. � "'This title abolished except as to present incumbents ' A3 � AP B- �� PENDIX TEMPORARY EMPLOYEE RATES • 1 . The hourly rates for temporary employees working in the classes listed below are as shown: • Effective Effective , 4-27-96 4-26-97 School Service Worker $16.55 $16.97 Masonry Tender $17.63 $18.07 For temporary employees working in the titles listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Effective Effective 4-27-96 4-26-97 Health and Welfare $2.34 * * Pension $2,25 * * Vacation (Taxable Contribution) $1 .00* * * Training $,�3 * * 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective � 4-27-96 4-26-97 Heavy Equipment Operator $18.70 $19.16 For temporary employees working in the title listed in (2.) above the following fringe benefit contributions shall be made to the Funds designated by IUOE, Local 49: Effective Effective 4-27-96 4-26-97 Health and Welfare $3.10 $3.20 Pension $3.30 $3.50 Vacation $.15 $.15 * This vacation fund contribution is taxable and is in addition to the hourly rates listed above. * " The April 26, 1997, hourly contributions in Appendix B shall be determined at a later � date based on the allocation agreed to by the Employer and the Union. For • April 26, 1997, the Employer agrees to contribute up to an additional $.95 per hour , worked towards the Minnesota Laborers' Fringe Benefit Fund in 6.1, and up to an additional $1.00 per hour worked towards the funds designated by IUOE, Local 49 in - 6.2. Amounts not allocated to the designated funds shall not revert to wages. � 61 APPENDIX B (continued) 3. Regular employees who are laid off and then called back to work on a temporary basis � shall receive the regular rate of pay as shown in Appendix A for such titles worked � and shall continue to earn and accrue Employer benefits for such hours worked. ' 4. For temporary employees working in titles listed in this Appendix "B" whose length •, of service and earnings require that they be subject to Public Employees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix "B" for such title divided by 1.0448. 5. If the unions elect to have the fringe benefit contributions listed in this Appendix "B" increased or decreased, the Employer may adjust the applicable hourly pay rates and contribution amounts accordingly. 6. Laborers employed by the Employer on a temporary basis will be paid on the rates indicated in (1.) above. � . B2 �