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01-378Council File # �\�3rIR Green Sheet # 106830 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 2000 through June 30, 2002 Employment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Loca1 No. 49, Local No. 120, and Local No.132, 4 Exclusive Representative for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. Requested by Department of. Office of Labor Relations By. /�� Form Appr ved by i� tt /J BY� �� ' �l/tIJ Approved by Mayor for Submission to Council Adoprion Certified by Council Secretary By: By: '�R�. � . � Approved by Mayor: Date �/(� % �� By: AdoptedbyCouncil: Date� �'�'S �Qp\ e DEPARTMENT/OFF/CE/COUNCIL: DATE INII7ATED GREEN SHEET No.• 1Ob830 al_, LABOR RELATIONS April 9, 2001 ' CON'IACf PERSON & PHONE: � iNmni✓nATE m7Tlni✓nA7B �I.TE K�U.S 266-6513 pgSIGN 1 DEPAR'CMENT DIR. 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGEPIDA BY (DATE) FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAI"URE PAGES_3 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTiON REQUESTED: This resolution approves the attached July 1, 2000 through June 30, 2002 Employment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Local No. 49, Local No. 120; and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. RECOMMENDATIONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACfS MUST AIVSWER THE FOLLOWING QUESTIONS: �PLANNING COMMISSION _CIVIL SERVICE COMMISSION I. Has this person/fiIm ever worked under a contract for this department? CIB COMMITTEE Yes No STAFF 2 Hu this personlficm ever been a city employee� DISTRICT COURT Yes No SUPPORTS WHiCH COLRJCIL OBJECTT VE? 3. Dces this person/ficm possess a skill not normally possessed by any curzent city employee? Yes No Ezplain alI yes answers on separate sheei and attach ro greensheet INITIATING PROBLEM, ISSUE, OPPORTI7NITY (Who, What, When, Where, Why): , � �� cJas � Fe - AE,�"� �: , �t° y , ��3OG @'� ADVANTAGESIFAPPROVED: ' This Agreement pertains to Board of Edi.�ation employees only. - DISADVANI'AGES IR APPROVED. DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) I INDEPENDENT SCHOOL DISTRICT NO. 625 p ,. ��Y BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: December 19, 2000 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Pubiic Schools and Tri-Council Locai No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 2000, through June 30, 2002. 2. Contract changes are as follows: Waaes: Effective July 1, 2000, increase wage rates 3%, Premium Pay A to $.30 per hour and add duty of hedge trimmer to list of duties eligible for premium pay, Premium Pay B to $.55 per hour, and wage rate for temporary employees to 95 percent of outside rate. Effective June 30, 2001, increase wage rates 3% and wage rate for temporary employees to 100% of outside rate. Insurance: The eligibility waiting period for new employees to receive benefits is reduced from three months to one month consistent with other district contracts. Effective January 2001, the district contribution for single coverage is increased to $240; family coverage is increased to $420; effective January 2002, the district contribution for single coverage is increased to $265, family coverage is increased to $445. Retiree Health Insurance: Accountability provision added whereby employees who are terminated for cause will not be eligible for pre or post-age-65 health insurance. Severance: To provide the district earlier notice of potential vacancies employees who give three months notification prior to retirement wilf receive $75 for each day of earned, unused sick leave up to a maximum of $15,000. If notification is less than three months, the amount paid per day is reduced to $65. The pre-notification requirement is waived in instances of verifiable sudden illness of an employee or immediate family member. Satetv Shoes: The allowance for safety shoes was increased from $60 per year to $150 over the life of the agreement. Adoption Leave: Employees may use up to fifteen days of sick leave for the adoption or care of a newly adopted child. 3. The District has 19 regular employees in this bargaining unit. 4. The maintenance of buildings and grounds promotes a quality learning environment that supports the teaching target of preparing all students for life. 5. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and Lois Rockney, Interim Chief Operating Officer. o�.��r Employment Agreement December 19, 2000 Tri-Council Page Two 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 Tri-Council Local No. 49, Local No. 120, and Locai No. 132, is the exclusive representative; duration ot said Agreement is for the period of July 1, 2pp0 through June 3�, 2002. o�-3�r � , 2��0 ' 2��2 COLLECTIVE BARGAfNING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Pubiic Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 2000 through June 30, 2002 � Saint Paul Public Schools L I F F L O N 6 L E q R N/ M 6 ��1 t • �' Sainf Pau! Public Schools t/ s e t a� s t r a x i i• s SAINT PAUL PUBLIC SCHOOLS Independent Scfiool Disfrict No. 625 Board of Education Becky Montgomery Anne Carroll Tom Conlon Gilbert de la O AI Oertwig Mary Thomton Phillips Neal Thao Chair Director Director Director Director Director Director Administration Superintendent of Schoois interim Chief Operating Officer Chief Academic O�cer ° Chief AcCOUntabifity Uifieer Executive Assistant Area Superintendents Patricia A. Harvey Lois Rockney Kate Foate TrewfCk � � � �Macgo. Baines � � _ � , , . , Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Mary K. Boyd, Area D Terifyn Tumer, Area E # �� • � CJ1 � � � TABLE OF CONTENTS ARTICLE TRLE Articie Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. �. 23. PAGE Principles............................................................................................................... iv Recogn on ................................................................................................................1 Maintenance of Standards ........................................................°°-------°-------°-°-.......2 UnionRights ..............................................................................................................2 PayrollDeduction .......................................................................................................2 ManagementRights .................°°--°°-°-...................-----°--°°---°---..........................3 Safety ......................................................................................................................... 3 Hours.........................................................................................................................4 Seniority .....................................................................................................................5 Holidays.....................................................................................................................6 Vacations................................................................................................................... 7 Sick Leave .................................................................................................................8 ParentaVMaternity ...........................................................................................9 Jury Duty ....................................................................................................................9 Wages ......................................................................................................................10 In s u ran ce .................................................................................................................10 Severance ........................................................................................................15 Discipline Procedures ..............................................................................................16 Grievance Procedure ...............................................................................................17 Legal Services .........................................................................................................19 Strikes, Lockouts, Work Interference ......................................................................19 Savings Clause ........................................................................................................19 Ju risdiction ...........................................................................................�---� �---...........19 Termsof Agreement ................................................................................................2C AppendixA ..............................................................................................................21 AppendixB ..............................................................................................................2i ADDITIONAL INFORMATION (Not a Part of Agreement) MEMORANDUM OFAGREEMENT Loss of Drivers License.. Index ................. ..........26 ..........28 � 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 passible degree of practical, friendiy, cooperative relationships between their respective representatives at aii levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on fuil understanding of and regard for the respective rights and responsibilities of both the Employer and the empioyees. 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. � � C � iv �/- 378 � ARTICLE 1. RECOGNITION 1.1 The Employer recognizes agency for all employees No. 89-PR-2347, as foliows the Union as the sole and exciusive collective bargaining who have been certified by the State of Minnesota, Case AII empioyees in the classifications of: Heavy Equipment Operator Plasterer's Tender School Grounds Crew Leader School Labor Crew Leader Schooi Service Worker Abolished titles formerly recagnized as exclusively represented by the Union: � 'Asphalt Raker 'Asphalt Shoveler 'Building Laborer *Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader `Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper "Tractor Operatorl Tractor Operator II *Tree Trimmer I *Tree Trimmer II Tree Worker Truck Driver 'Unskilled Laborer who work more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exciusively 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 ciassifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take ali steps required under the Pubiic 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 shail be no individual agreements with any empioyees that conflict with the terms of this Agreement, and any such agreement or contract shall be nuil and void. ►�.J 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 generai 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 Pian 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. ARTIC�E 3. UNION RIGHTS 3.1 The Union may designate employees from within the bargaining unit to act as Stewards and shall inform the Empioyer in writing of such designations. Such empioyees shail have the rights and responsibilities as designated in Article 18 (Grievance Procedure). There shall be no more than one steward from each local involved in any one specific grievance. 3.2 3.3 There shall be no deduction of pay from stewards when directly invoived in meetings with management during working hours for grievance procedures. Designated union representatives shall be permitted to visit employees on job sites and at department buildings during working time. ARTICLE 4. PAYROLL DEDUCTION 4.1 The Empioyer shall, upon request of any employee in the unit, deduct such sum as 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 unrform and standard amou�ts as is possible. The Empfoyer shall remit monthly such deductions to the appropriate designated Union. 42 In accordance with Minnesota Statute § 179A25, Subd. 3, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from ail cert'rfied employees who are not members of the exclusive representative. in no instance shail the required contribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relafionship to negotiations and adminisfrafion of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suds 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 hoid the Union harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negiigence on the part of the Employer in making or forwarding deductions under this Articie. � r1 �J • �a 0�-37� � ARTICLE 5. MANAGEMENT RIGHTS 5.1 The Union recognizes the righi ot the Employer to opesate and manage its ai�airs in alf respects in accordance with appiicable laws and regulations of appropriate authorities. The Employer retains the rights and authority, which the Employer has not officiaily abridged, delegated or modified by this Agreement. 52 A pubfic empfoyer 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 ihe functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnei. ARTICLE 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Empioyer 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. 62 To this end, the Employer shail 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 shaii 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 $150 over the term of this agreement toward the purchase or repair of safety shoes purchased by an employee who is a member of this unit. This reimbursement shali be made only after investigation and approval by the immediate supervisor of that employee. This contribution to be made by the Employer shail apply only to those employees who are required to wear protective shoes or boots by the Employer. • 3 ARTICLE 7. HOURS � 7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute lunch period, The normal work week shali be five (5) consecutive normal workdays in any seven (7)- day period. (For employees on a shift basis fhis shall be construed Yo mean an average of forty [40] hours a week.) 7.2 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. 7.3 Empioyees shall report to work location as assigned by a designated Empioyer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion ot the Employer. 7.4 Call-In Pav. When an employee is cailed 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. 7.5 Overtime. Time on the payroli in excess of the normal hours set forth above shall be °overtime work" and shall be done oniy by order of the head of the department. An empioyee 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 shafl be paid shall be determined solely by the Employer. The time-and-one-haff overtime rate shail be � based on the totai rate, including any premium pay, being earned during the overtime hours worked. 7.6 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 clase proximity of the employee's workstation. 7.6.1 An employee shail be allowed one fifteen ('i5) minute rest break during each four (4)-hour period worked during the empioyee's normal workday. Any employee required to remain at work following the completion of an eight eiy hvo (2) hours aBeSthe nd o h s%lier o ( workiiayt and afte� ' oximat al ptet'ion of every four (4) hours of work thereafter. • o�- 3�s� � � ARTICLE 8. SENIORITY 8.1 82 [�] e] 8.4 Seniority, for the purpose of this Agreement, shall be defined as foilows: 8.1.1 District/Citv Senioritv. The length of continuous regular and probationary service with the Empioyer from the last date of employment in any and a�l ciass tities. 8.12 Class Senioritv. The length of continuous regular and probationary service with the Employer from the date an employee was first cert'rfied and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment heid by an employee. Seniority shali terminate when an employee retires, resigns or is discharged. 82.1 In the event the Employer determines that it is necessary to reduce the workforce, employees wiN be {aid off by ciass title within each division based on inverse iength of "Class Seniority." Recall from tayoff shall be in inverse order of layoff, except that recall rights shail expire after two (2) years of layoff. 822 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher tities 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 ciass title in any department. 8.2.3 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 shail first be placed on a reinstatement register and shall have "Class Seniorit�' based on the date originaily certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to originai class as provided in 822 above. 82.4 When the new title, School Service Worker is estabiished, incumbents who become certified in the new title shail also retain the seniority acquired in the oid title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 82.5 li a School Service W orker is laid off, he/she may fill a temporary position in ihe title Trades Laborer or replace an existing temporary employee serving in that title. To the extent possibie, vacation periods shall be assigned on the basis of °Class Seniority,° within each ciass, by division. It is, however, understood that vacation assignments shail be subject to the ability of the Employer to maintain operations. Promotions shall be handied in accordance with current Civil Service Rules and practices. • ARTICLE 9. HOLIDAYS � 9.1 Holidavs Recoqnized and Observed. The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day. Eligible employees shall receive pay for each of the holidays listed above, on which they pertorm no work. Whenever New Yea�s Day, Independence Day or ChrisVnas Day shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of these three holidays falis on Sunday, the following Monday shall be observed as the hoiiday. 92 Eliqibilitv Requirements. To be eligible for holiday pay, employees must have been compensated for ali scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luiher King Jr. Day falls on a day when schoot is in session, the employees shail work that day at straight time and another day shali be designated � as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 9.4 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 Articie 7.4 (Call-In Pay). • C� D/- 37�' � � � ARTICLE 10. VACATIONS 10.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service First year through completion 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years through completion of 25 years After 25 years and thereafter 10.2 10.3 Annuai Hours of Vacation Earned Per Hour on Pavroll .0500 .0692 .0769 .1000 .1077 Annual Hours Eamed 104 144 160 208 224 Days Earned 13 18 20 26 28 Calculations are based on a 2,080-hour work year and shali be rounded off to the nearest hour. Years of service wili be defined to mean the number of years since the date of appointment. An empfoyee may carry over one hundred sixty (160) hours ot vacation into the following "vacation year." For the purpose of this Article, the `Yacation year' shail be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion, if an employee has an accumulation of sick leave credits in excess of 1,440 hours, the employee may convert any part of such excess at the rate of two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regularly-assigned workdays of vacation (not to exceed a total of forty [40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shail be no more than five (5) days in any one (i) 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. 7 ARTICLE 11. SICK LEAVE 11.1 Sick leave shali accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is uniimfted. 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. 112 Specified Allowable Uses of Sick Leave 112.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, tor 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 actualiy 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. 11.2.2 Sick leave for sick childcare shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shail only be granted pursuant to Mirtnesota Statute § i81.9413 and shall remain available so long as provided in statute. 112.3 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, aunt, uncle, sister-in-law, or brother-in-law. 112.4 Spouse/Dependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These days when used are deductible from sick leave. 11.2.5 Adoption Leave. Up to fifteen (15) days of accumulated sick leave may be used in a corttract year to attend to adoption pro¢edures oc care for a newly adopted child. Use of these fifteen (15) days does not need to occur consecutively. 112.6 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] hours in any year). 112.7 Medical verification wiil be defined to mean, °A written note issued from a qualified treating medical provider during the period the employee was absent from work.° The medicai verification will be provided to the employer before he/she returns to work. � r 1 LJ � � ol - 37�' � ARTICLE 11. SICK LEAVE (continued) 112.8 When the employer puts a person on the medical verification requirement; they will first meet with the employee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the Ietter removing the requirement. 11.3 Absence While on Sick Leave With Pa 11.3.1 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 empioyment wfth independent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 11.4 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. ARTICLE 12. PARENTAUMATERNITY LEAVE 12.1 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 122 Maternity is defined as the physical state of pregnancy of an empioyee, 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 empioyee 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. 12.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per caiendar year for school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 ru{es, so long as the statute so provides. ARTICLE 13. JURY DUTY 13.1 Any empioyee who is required during regular working hours to appear in court as a juror or witness, except as a witness in his own behaif 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 Independeni School District No. 625, Business Office. Any empioyee who is scheduled to work a shift other than the normal daytime shift shail 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. • 0 ARTICLE 14. WAGES 14.1 142 7he basic hourly wage rates as estabiished by Appendix A shaii be paid for all hours worked by provisional, regular, and probationary employees. The basic hourly wage rates as established by Appendix B shall be paid for ali hours worked by temporary employees. 14.3. 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, vacafion time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by appiying the holiday pay eligibility requirements, as specified in Articie 9, Section 92. If those requirements are not mei, the sick leave, vacation, or holiday pay shail be at the lower rate. ARTICLE 15. 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 empioyees selecting the offered plans agree to accept any changes in the beneffts which a specific provider implements. IRS rules and regulations shail govern the Employer provided health and welfare benefit program. 12 Eligibilitv Waitina Period. One (1) full month of continuous regularly appointed service in Independent School District No. 625 will be required before an eiigible empioyee 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 Haif-Time Status. For the purpose of this Articie, half-time employment is defined as appearing on the payroii at ieast twenty (20) hours but less than thirty-two (32) hours er week "or af least fo 40 hours but"'Te'ss than si p rty' O xry-four'"(54) hours per pay period; excluding overtime hours. An empioyee will be considered half time only 'rf such employee is assigned to a position which is regularly assigned half-time hours. 1.5 Em�lover Contribution Amount--Fuli-Time Emplovees. Effective July 1, 2000, for each eligibie employee covered by this Agreement who is employed fuli time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $215 per month, whichever is less. For each eligible fuli-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $400 per month, whichever is less. 1.5.1 Effective January 1, 2001, for each eligibie empioyee 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 $240 per month, whichever is less. For each eligibie full-time employee who selects family coverage, the Employer wiil contribute the cost of such family coverage or $420 per month, whichever is less. � s C � 10 Ol-3 Z�' � ARTICLE 15. INSURANCE, Section 1. (continued) 1.52 Effective January 1, 2002, for each eligible empioyee covered by this Agreement who is employed fuli time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $265 per month, whichever is less. For each eiigible full-time empioyee who selects family coverage, the Employer wili contribute the cost of such family coverage or $445 per month, whichever is less. 1.6 Emolover Contribution Amount--Haif-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute frfty percent (50%) of the amount contributed for fuli-time employees selecting employee coverage; or for each haff-time employee who selects fami4y 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 empioyees actively enroi{ed in the medica{ 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 iii or injured so as to be unable to continue working and has exhausted ail his/her sick Ieave 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 Iife insurance coverage. The total premium contribution by the Employer for ali fife insurance coverage shalt 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 ali Empioyer coverage shall terminate. i.10 Fiexibie Spendinq Account. it is the intent of the Employer to maintain during the term of this Agreement a pian for medical and child care expense accounts to be available to employees in this bargaining unit who are eligibie for Empioyer-paid premium contribution for heaith insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 15 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 famiiy insurance coverage in excess of the doliar amounts stated in this Article 15 shall be paid by the employee through payroll deduction. Empioyees on winter layoff who are receiving District contributions described in 1.7 above shafl pay any excess premium costs directiy 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 ihe period of layoff. • 11 ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit Eligibility For Empioyees Who Retire Before Age 65 1.1 Employees hired into District service before January 1, 1996, must have completed the foliowing service eligibility requirements with Independe�t 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. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-five (25) years ot service, or; C. The combination of their age and their years of service must equal eighty-five (85) or more, or, D. Must have completed at least thirty (30) years of service, or; � E. Must have completed at least fwenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted � toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 12 Employees hired inio District service after January 1, 1996, must have completed twenty (20) years of service with Independent Schooi District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. 1.3 Eliaibilitv Reauirements For Alf Retirees A. A retiree may not carry his/her spouse as a dependent 'rf such spouse is aiso an Independent School District No. 625 retiree or Independent School District No.'625 employee and eligibie for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Empioyer-paid health insurance program. B. Additional dependents beyond those designated to the District at the time of retirement may not be added at Disirict expense after reGrement. C. 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. D. Employees terminated for cause will rtot be eligible for employer contributions toward insurance premiums for either pre-age 65 or post-age 65 coverage. • 12 al- 3�8' • ARTICLE 15. INSURANCE, Section 2. (continued) Subd. 2. Emplover Contribution Levels For Emplovees Retirinq Before Aae 65 2.1 Health Insurance Emolover Contribution Empioyees who meet the requirements in Subd. 1.1 or Subd. 12 of this Article will receive a District contribution toward heaith insurance until the employee reaches sixty- five (65) years of age as defined in this subdivision. 2.1.1 The District contribution toward health insurance premiums will equal the same dollar amount the District contributed for singie or famiiy coverage to the carrier in the employee's last month of active employment. 2.1.2 In the event the District changes health insurance carriers, it will have no impact on the District contribution for such coverage. 2.1.3 Any employee who is receiving family coverage premium contribution at date of retirement and later changes to singie coverage wiil receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. 2.2 Life Insurance Emolover Contribution The District wiil provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. � Subd. 3. Benefit Eliaibilitv For Emplovees After Aae 65 3.1 Employees hired into the District before Januarv 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Employees hired into the District before Januarv 1. 1996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1 above or the foilowing eiigibility requirements to receive District contributions toward post-age-65 health insurance premiums: 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. Empioyees hired on or after May 1, 1992 and prior to January 1, 1996, must have completed twenty (20) years of continuous employment with the District. For such employees or eariy retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer wili discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. Years of certified civii service time with the City of Saint Paul earned prior to May 1, 1996, will continue to be counted toward meeting the DistricYs service requirement • of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, wili be considered a break in District employment. 13 ARTICLE 15. INSURANCE, Section 2, (continued) 3.3 Emplovees hired on or after Januarv 1. 1996, shall not have or acquire in any way any eligibility for Empioyer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shali be eligible for only early retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4 Emolover Contribution Levels For Retirees After Aqe 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium contributions for a Medicare Suppiement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Tvpe Medicare Eligible Non-Medicare Eligible Sinale $300 per month $400 per month Famiiv $400 per month $500 per month At no time shall any payment in any amount be made directiy to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in fuli by the retiree, or coverage will be discontinued. Subd. 5. Emplovees hired after Januarv 1, 1996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an empioyer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District wiii match up to $50 per paycheck up to a maximum of $500 per year of cortsecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time empioyees working half-time or more will be eligible for up to one haif (50 percent) of the available District match. Approved non-compensatory leave shail not be counted in reaching the three (3) fuil years of consecutive active service, and shali 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 appfy. The employee, not the District, is solely responsible for determirting his/her total maximum aliowable annuai contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. � � . 14 D�- 3 z8' � ARTICLE 18. SEVERANCE PAY 16.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year of the retirement. 16.2 To be eligibie for the severance pay program, the empioyee must meet the foilowing requirements: 16.2.1 The employee must be fifty-five (55) years of age or oider or must be eligible for pension under 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. 16.2.2 The employee must be voiuntarily 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, incompetence or any other disciplinary reason are noi eligible for this severance pay program. 16.3 4f an empfoyee notif'tes the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirements set forth in 192 above, he or she will be granted severance pay in an amount equal to $75 pay for each day of accrued, unused sick leave, up to 200 days. 16.3.1 if an employee notifies the Human Resource Department in less than three (3) months in advance of the date of retirement and requests severance pay and if � the employee meets the eligibility requirement set forth above, he or sfie will be granted severance pay in an amount equal to $65 pay for each day of accrued, unused sick leave up to 231 days. 16.32 if an employee or immediate family member has a sudden illness�njury necessitating immediate retirement, and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to $75 pay for each day of accrued, unused sick leave up to 200 days. 16.4 The maximum amount of money that any empioyee may obtain through this severance pay program is $15,000. 16.5 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met ail 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. 16.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul empioyment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. • 15 ARTICLE 17. DISCIPLINE PROCEDURES 17.1 The Employer will discipline employees for just cause only. Discipiine will be in the form of: a) Orai reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7 7.2 Suspensions, reductions, and discharges will be in written form. 17.3 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. 17.4 Preliminarv Review, Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor shali then provide written notice of the charges to the employee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provideci the opportunity to speak on his/her behalf regarding ihe proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. �� 17.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 18, or under Civil Service grievance procedures, but not both. � Oral reprimands shall not be grievable. 17.6. Employees who are unabie to report for their normai 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. • 16 Of-378 � ARTICLE 18. GRIEVANCE PROCEDURE 18.1 The Employer shall recognize stewards selected in accordance with Union rules and reguiations as the grievance representative of the bargaining unft. The Union shall nofrfy the Employer in writing of the names of the stewards and of their successors when so named. 182 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 consisteni wiih such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during work+ng hours, provided the steward artd the employee have s�otified a�d received the approval of their supervisor(s) to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Empioyer. 18.3 The procedure established by this Article shali be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 18.4 Grievances shall be resoived in conformance with the following procedure: Step 1. Upon the occurrence of an alieged 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 empioyee's • satisfaction by the informal discussion, ft 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 ten (10) Calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonab{e diiigence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within ten (10) calendar days after receiving the written grievance, a designated Empioyer 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 five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shall be considered waived. u 17 ARTICLE 18. Steo 3. GRIEVANCE PROCEDURE (continued) Within ten (10) calendar days foilowing 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. Wifhin ten (10) calendar days following ihis meefing, the Employer shal) reply in writing to the Union stating the EmployePs answer conceming 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 ten (10) calendar days foliowing receipt of the Employer's answer shall be considered waived. Ste° 4. If the grievance remains unresolved, the Union may within ten (10) 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 conducied by an arbitrator to be selected by mutual agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said ten (70)-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 wiil be repeated and the remaining persori shall be the arbitrator. 18.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subiracf from the provisions of ihis Agreement. The arbitrator shali 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 shail 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 arbitrafor's decision shall be szbmitted in writing within thirty (30) days tollowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension, The decision shail 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 shali be finai and binding on the Empioyer, the Union, and the empioyees. 18.6 The fees and expenses for the arbitratoPs services and proceedings shaii be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own repres,entatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provi g� 'din it pays for the record. 18.7 The time timiis in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 18.8 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 arbiiration under this grievance procedure. � � r � LJ 18 ��- 378' � ARTICLE 19. LEGAL SERVICES 19.1 Except in cases of malfeasance in office or wiilful or wanton neglect of duty, the Empioyer shail defend, save harmless, and indemnify an empioyee and/or his estate against any ciaim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. 19.2 Notwithstanding 19.1, the Employer shall not be responsible for paying any legal service fee or for providing any Iegal service arising from any legal action where the employee is the plaintiff. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Unions and the Emp{oyers agree that there sha!! be no str+kes, work stoppages, slow-downs, sit-down, stay-in or other concerted interference with the EmpioyePs business or affairs by any of said Unions and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 21. SAVINGS CLAUSE 21.1 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 shail continue in full force and effect. ARTICLE 22. JURISDICTION 22.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Employer. 222 In the event of a dispute concerning the pertormance 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 Empioyer's basic right to assign work. `� 22.4 Any employee refusing to perform work assigned by the Employer shall be subject to discipiinary action as provided in Article 17 (Disciplinary Procedures). There shall 6e no work stoppage, slow down or any disruption of work resulting from a work assignment. • 22.5 The subcontracting of work done by the employees covered by this Agreement shall in alI cases be made only to Employers who qual'rfy in accordance with St. Paul Administrative Code Section 82.07, Minimum Wages on Public Contracts. 19 ARTIC�E 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 conCeming the tertns and conditions of employment. The agreements and understandings reached by the parties after the exercise ot this right are fully and compfetely set forth in this Agreement. My and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of empioyment to the entent 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 shail continue to be in effect. 232 Except as herein provided, this Agreement shali be effective as of the date it is executed by the parties and shali continue in fuil force and effect through June 30, 2002, and ihereafter untii mod�ed or amended by mutuai agreement of the parties. Either party desiring to amend or modify this Agreement shaii notify the other in writing so as to compty with the provisions of the Pub(ic Emptoyment Labor Refations Act of i97i. 23.3 This constitutes a tentative agreement between the parties which wili be recommended by the Board of Education negotiator but is subject to the approvai of the Board of Education of independent School District No. 625 and is aiso subject to rat'rfication by the Unions. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 �"'� � i Chair, B� oi E� aiimv c � � N otiations b Relations Manager �c�G?��: ��.�..,� � � � Negotiation abor Relations Assistant Manager /—�/-00 Date TRI-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DRIVERS LOCAL NO 120 LABORERS LOCAL NO. 132 U Business Local No. 49 gusiness Manager, Local No. 49 � �� , Business Representative, Local 120 /" v �� / Business � ager, Local No. 132 iZ - /�� -D� Date � � � 20 D�- 3Z� � � • APPENDiX R HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary employees working in the ciasses listed below are as shown: School Grounds Crew Leader School Labor Crew Leader School Service Worker Plasterers Tender Heavy Equipment Operator Effective 7-1-00 $19.75 $19.75 $18.10 $20.71 $20.71 Effective 6-30-01 $20.35 $20.35 $18.65 $21.33 $21.33 PREMIUM PAY PROVISIONS Effective July 1, 2000, the following premium pay provisions shall apply: Premium Pav A. Premium pay of thirty cents (30¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1!4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem trucks. 5. Operation of a power tamper. 6. Work on the asphalt crew (except Asphalt Raker). 7. Operation of a hedge trimmer. Premium Pav B. Premium pay of fifty-five cents (55¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished class title, 'Asphait Raker. 3. Pertorming the duties of a Plasterer Helper or of a Tender for a Bricklayer, Blockiayer or Plasterer. 4. Holding a license to apply or use regulated pesticides and chemical treatments and assigned to perform work involving the appiication of such reguiated substances (the term "regulated" as used here, refers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work pertormed 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 shail be complied with. ' This title abolished except as to present incumbents. 21 APPENDtX B TEMPORARY EMPLOYEE RATES 1. The hourly rates for temporary employees working in the classes listed below are as shown: Effective Effective Effective Effective 4/22/2000 7/1 /2000 5/4/2001 5/3/2002 Schooi Service Worker $19.54 $20.63 * * Masonry Tender $19.54 $20.63 * * Trades Laborer $19.54 $20.63 * * � For temporary empioyees working in the titles listed in (1.) above the foilowing fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Effective Effective Effective 4/22/2000 5/4/2001 5/3/2002 Heaith and Welfare $2.80 * * Pension $2.50 * * Vacation $1.36 * * � (Taxable Contribution) Training $ 21 * * 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective Effective Effective 4/22/2000 7/1 /2000 5/4/2001 5/3/2002 Heavy Equipment $22.91 $24.18 * * Operator . . . . . .,. For temporary empioyees 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 Effective 4/2?12000 5/4/2001 5/3/2002 Health and Welfare $320 * * Pension $3.80 * * Apprentice Training $ .15 * * 'The Employer agrees to contribute 100% of the wages and benefds per the Minnesota laborer's • Agreement and the Local 49 AGC Builders Agreement, effective May 4, 2001. • � O1-378� • APPENDIX B (continued) 3. Regular employees who are laid off and then called back to work on a temporary basis shali 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 subjeci to Public Empioyees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currentiy .0518). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B ir+creased or decreased, the Employer may adjust the applicable houriy pay rates and contribution amounts accordingly. � 6. Laborers employed by the Employer on a temporary basis will be paid on the rates indicated in (Appendix B1 above). � 23 D�- 378� i � J • ADDITIONAL INFORMATION (Not a Part of the Aareementl Memorandum of Agreement Regarding Loss of Drivers License 25 Memorandum of Agreement Regarding Loss of Drivers License This Memorandum of Understanding is by and beiween the Board of Education of Independent School District No. 625, Saint Paul Public Schools, and the Tri-Council, Local 49, Local 120 and Local 132. The purpose of this Memorandum is to estabiish a process that would occur in the event an employee who is required to hold a Commercial Drivers License (CDL) as a qual'rfication for the job they hold has that license suspended, revoked or cancelled, and to establish uniformity in addressing such a situation. This memorandum will also establish a timeframe for current employees who are required to hoid a CDL but who currently do not possess such a license to fulfili the requirement. The parties agree to the foilowing items. These items apply to situations that occur after ratificafion of the 2000-2002 labor agreement, unless specificaliy stated otherwise: 1. If an employee loses driving privileges and possession of a license that is required for the empioyee's job, the responsibility for regaining the license is the empioyee's and not the DistricYs. 2. It is the employee's responsibility to immediately notify their supervisor in writing of the loss of driving privileges. If an employee fails to notify their supenrisor, they will be subject to disciplinary action. If an employee drives a School Disirict vehicle without a valid driver's license, they wili be subject to immediate termination from School District employment. � 3. The employee must, at the empioyee's expense and on personal time, resolve the issue with the District Court or Department of Public Safety. � 4. When an employee loses his/her license for the first time as a schooi district empioyee, the School District, upon being made aware of the loss of an empioyee's license, shaii provide the empioyee with a work assignment that does not require a license for a period not to exceed ninety (90) calendar days. The ninety (90) calendar day period shall begin as of the date on which the State cancels, suspends or revokes the employee's license. If, after the nineTy (90) calendar days, the employee has not regained possession of a valid drive�'s license that meets the minimum requirements of the position the employee hoids, the employee wili be granted a leave without pay for a period not to exceed eighteen (18) calendar months. If the employee is unable to regain possession of a valid, required iicense by the end of the leave, the emp(oyee wifi be terminated from employmenf. 5. When an emplo es his/her license for the second time as a school district em lo yee los p yee, regardless of the date the first loss of license occurred, the School District, upon being made aware of the loss of an employee's license, shall grant the employee a leave of absence without pay for a period not to exceed two (2) calendar years. If the employee is unable to regain possession of a valid, required license by the end of two (2) calendar years, the employee wiil be terminated from empioyment. 6. If an employee Ioses and regains his/her license while on lay off and no accommodation is made, that loss of license wili not count in regard to Number 4 or Number 5 above. 7. Extensions of leaves of absence may only be granted at the discretion of the School District for reasons beyond the empioyee's control. The reasons shail be Iimited to deiays caused by State administrative procedures or the court system. u 26 �l-37� � � u 8. Voluntary reduction to a posftion in a lower class'rfication with minimum quai'rfications not requiring a driver's license is at managemenYs discretion; however, any accommodaGon provided shail not cause the displacement of another employee, regardiess of seniority. 9. Empioyees hired prior to ratification of the 2000-2002 labor agreement who hold a position requiring a Commercial Drivers License and who lost or failed to renew their Commercial Drivers License must gaiNrenew their license by November 1, 2002, or iheir employment wfth the School District wili be terminated from employment Duration This Memorandum of Agreement shall be effective upon signing, and shall remain in effect for the duration of this agreement; it is subject to renewal, termination or amendment by the parties. INDEPENDENT SCHOOL DISTRICT NO. 625 SAINT PAUL PUBLIC SCHOOLS �� Chair, Bo of Educa ion THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 �� Business Representative, Local No. 49 �(/_�� J� Negot' ionslL�or Relations Manager Business anager, Local No. 49 Lto�c� c<� �,�� Negotiations/L r Relations Assistant Manager Business Representative, Locai No. 120 l—� Date _�� (�' Business M iager, Local No. 132 `O� - �� — n� Date 27 A Adoption Leave ............................................8 B Breaks.........................................................4 C Call -In Pay ...................................................4 D Discipiine Procedures ................................16 F Fair Share Fee .............................................2 Flexible Spending Account ........................11 G Grievance Procedure .................................17 H Ho I idays ....................................................... 6 Hours........................................................... 4 / Insurance ...................................................10 J Jury Duty .....................................................9 L Life Insurance ............................................11 Loss of Drivers License .............................26 INDEX O Overtime ......................................................4 P ParentaUMatemity Leave .............................9 Retirement Benefits ...................................12 S Safety .............°-° °-....................-----°-.......---3 Safety Shoes ...............................................3 Seniority .........................�---�--.......................5 Severance ..................................................15 Sick Leave ..........................•------........-------... Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation............8 Spouse/Dependent Parent Leave ...............8 Strikes -------°--°--° ...................°°° U Union Dues ..................................................2 V Vacation..................... �--...............................7 W Wages ............................................10, 21, 22 Workday ..........................................�--..........4 � • 28 • Council File # �\�3rIR Green Sheet # 106830 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 2000 through June 30, 2002 Employment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Loca1 No. 49, Local No. 120, and Local No.132, 4 Exclusive Representative for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. Requested by Department of. Office of Labor Relations By. /�� Form Appr ved by i� tt /J BY� �� ' �l/tIJ Approved by Mayor for Submission to Council Adoprion Certified by Council Secretary By: By: '�R�. � . � Approved by Mayor: Date �/(� % �� By: AdoptedbyCouncil: Date� �'�'S �Qp\ e DEPARTMENT/OFF/CE/COUNCIL: DATE INII7ATED GREEN SHEET No.• 1Ob830 al_, LABOR RELATIONS April 9, 2001 ' CON'IACf PERSON & PHONE: � iNmni✓nATE m7Tlni✓nA7B �I.TE K�U.S 266-6513 pgSIGN 1 DEPAR'CMENT DIR. 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGEPIDA BY (DATE) FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAI"URE PAGES_3 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTiON REQUESTED: This resolution approves the attached July 1, 2000 through June 30, 2002 Employment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Local No. 49, Local No. 120; and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. RECOMMENDATIONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACfS MUST AIVSWER THE FOLLOWING QUESTIONS: �PLANNING COMMISSION _CIVIL SERVICE COMMISSION I. Has this person/fiIm ever worked under a contract for this department? CIB COMMITTEE Yes No STAFF 2 Hu this personlficm ever been a city employee� DISTRICT COURT Yes No SUPPORTS WHiCH COLRJCIL OBJECTT VE? 3. Dces this person/ficm possess a skill not normally possessed by any curzent city employee? Yes No Ezplain alI yes answers on separate sheei and attach ro greensheet INITIATING PROBLEM, ISSUE, OPPORTI7NITY (Who, What, When, Where, Why): , � �� cJas � Fe - AE,�"� �: , �t° y , ��3OG @'� ADVANTAGESIFAPPROVED: ' This Agreement pertains to Board of Edi.�ation employees only. - DISADVANI'AGES IR APPROVED. DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) I INDEPENDENT SCHOOL DISTRICT NO. 625 p ,. ��Y BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: December 19, 2000 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Pubiic Schools and Tri-Council Locai No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 2000, through June 30, 2002. 2. Contract changes are as follows: Waaes: Effective July 1, 2000, increase wage rates 3%, Premium Pay A to $.30 per hour and add duty of hedge trimmer to list of duties eligible for premium pay, Premium Pay B to $.55 per hour, and wage rate for temporary employees to 95 percent of outside rate. Effective June 30, 2001, increase wage rates 3% and wage rate for temporary employees to 100% of outside rate. Insurance: The eligibility waiting period for new employees to receive benefits is reduced from three months to one month consistent with other district contracts. Effective January 2001, the district contribution for single coverage is increased to $240; family coverage is increased to $420; effective January 2002, the district contribution for single coverage is increased to $265, family coverage is increased to $445. Retiree Health Insurance: Accountability provision added whereby employees who are terminated for cause will not be eligible for pre or post-age-65 health insurance. Severance: To provide the district earlier notice of potential vacancies employees who give three months notification prior to retirement wilf receive $75 for each day of earned, unused sick leave up to a maximum of $15,000. If notification is less than three months, the amount paid per day is reduced to $65. The pre-notification requirement is waived in instances of verifiable sudden illness of an employee or immediate family member. Satetv Shoes: The allowance for safety shoes was increased from $60 per year to $150 over the life of the agreement. Adoption Leave: Employees may use up to fifteen days of sick leave for the adoption or care of a newly adopted child. 3. The District has 19 regular employees in this bargaining unit. 4. The maintenance of buildings and grounds promotes a quality learning environment that supports the teaching target of preparing all students for life. 5. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and Lois Rockney, Interim Chief Operating Officer. o�.��r Employment Agreement December 19, 2000 Tri-Council Page Two 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 Tri-Council Local No. 49, Local No. 120, and Locai No. 132, is the exclusive representative; duration ot said Agreement is for the period of July 1, 2pp0 through June 3�, 2002. o�-3�r � , 2��0 ' 2��2 COLLECTIVE BARGAfNING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Pubiic Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 2000 through June 30, 2002 � Saint Paul Public Schools L I F F L O N 6 L E q R N/ M 6 ��1 t • �' Sainf Pau! Public Schools t/ s e t a� s t r a x i i• s SAINT PAUL PUBLIC SCHOOLS Independent Scfiool Disfrict No. 625 Board of Education Becky Montgomery Anne Carroll Tom Conlon Gilbert de la O AI Oertwig Mary Thomton Phillips Neal Thao Chair Director Director Director Director Director Director Administration Superintendent of Schoois interim Chief Operating Officer Chief Academic O�cer ° Chief AcCOUntabifity Uifieer Executive Assistant Area Superintendents Patricia A. Harvey Lois Rockney Kate Foate TrewfCk � � � �Macgo. Baines � � _ � , , . , Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Mary K. Boyd, Area D Terifyn Tumer, Area E # �� • � CJ1 � � � TABLE OF CONTENTS ARTICLE TRLE Articie Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. �. 23. PAGE Principles............................................................................................................... iv Recogn on ................................................................................................................1 Maintenance of Standards ........................................................°°-------°-------°-°-.......2 UnionRights ..............................................................................................................2 PayrollDeduction .......................................................................................................2 ManagementRights .................°°--°°-°-...................-----°--°°---°---..........................3 Safety ......................................................................................................................... 3 Hours.........................................................................................................................4 Seniority .....................................................................................................................5 Holidays.....................................................................................................................6 Vacations................................................................................................................... 7 Sick Leave .................................................................................................................8 ParentaVMaternity ...........................................................................................9 Jury Duty ....................................................................................................................9 Wages ......................................................................................................................10 In s u ran ce .................................................................................................................10 Severance ........................................................................................................15 Discipline Procedures ..............................................................................................16 Grievance Procedure ...............................................................................................17 Legal Services .........................................................................................................19 Strikes, Lockouts, Work Interference ......................................................................19 Savings Clause ........................................................................................................19 Ju risdiction ...........................................................................................�---� �---...........19 Termsof Agreement ................................................................................................2C AppendixA ..............................................................................................................21 AppendixB ..............................................................................................................2i ADDITIONAL INFORMATION (Not a Part of Agreement) MEMORANDUM OFAGREEMENT Loss of Drivers License.. Index ................. ..........26 ..........28 � 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 passible degree of practical, friendiy, cooperative relationships between their respective representatives at aii levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on fuil understanding of and regard for the respective rights and responsibilities of both the Employer and the empioyees. 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. � � C � iv �/- 378 � ARTICLE 1. RECOGNITION 1.1 The Employer recognizes agency for all employees No. 89-PR-2347, as foliows the Union as the sole and exciusive collective bargaining who have been certified by the State of Minnesota, Case AII empioyees in the classifications of: Heavy Equipment Operator Plasterer's Tender School Grounds Crew Leader School Labor Crew Leader Schooi Service Worker Abolished titles formerly recagnized as exclusively represented by the Union: � 'Asphalt Raker 'Asphalt Shoveler 'Building Laborer *Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader `Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper "Tractor Operatorl Tractor Operator II *Tree Trimmer I *Tree Trimmer II Tree Worker Truck Driver 'Unskilled Laborer who work more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exciusively 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 ciassifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take ali steps required under the Pubiic 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 shail be no individual agreements with any empioyees that conflict with the terms of this Agreement, and any such agreement or contract shall be nuil and void. ►�.J 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 generai 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 Pian 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. ARTIC�E 3. UNION RIGHTS 3.1 The Union may designate employees from within the bargaining unit to act as Stewards and shall inform the Empioyer in writing of such designations. Such empioyees shail have the rights and responsibilities as designated in Article 18 (Grievance Procedure). There shall be no more than one steward from each local involved in any one specific grievance. 3.2 3.3 There shall be no deduction of pay from stewards when directly invoived in meetings with management during working hours for grievance procedures. Designated union representatives shall be permitted to visit employees on job sites and at department buildings during working time. ARTICLE 4. PAYROLL DEDUCTION 4.1 The Empioyer shall, upon request of any employee in the unit, deduct such sum as 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 unrform and standard amou�ts as is possible. The Empfoyer shall remit monthly such deductions to the appropriate designated Union. 42 In accordance with Minnesota Statute § 179A25, Subd. 3, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from ail cert'rfied employees who are not members of the exclusive representative. in no instance shail the required contribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relafionship to negotiations and adminisfrafion of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suds 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 hoid the Union harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negiigence on the part of the Employer in making or forwarding deductions under this Articie. � r1 �J • �a 0�-37� � ARTICLE 5. MANAGEMENT RIGHTS 5.1 The Union recognizes the righi ot the Employer to opesate and manage its ai�airs in alf respects in accordance with appiicable laws and regulations of appropriate authorities. The Employer retains the rights and authority, which the Employer has not officiaily abridged, delegated or modified by this Agreement. 52 A pubfic empfoyer 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 ihe functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnei. ARTICLE 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Empioyer 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. 62 To this end, the Employer shail 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 shaii 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 $150 over the term of this agreement toward the purchase or repair of safety shoes purchased by an employee who is a member of this unit. This reimbursement shali be made only after investigation and approval by the immediate supervisor of that employee. This contribution to be made by the Employer shail apply only to those employees who are required to wear protective shoes or boots by the Employer. • 3 ARTICLE 7. HOURS � 7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute lunch period, The normal work week shali be five (5) consecutive normal workdays in any seven (7)- day period. (For employees on a shift basis fhis shall be construed Yo mean an average of forty [40] hours a week.) 7.2 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. 7.3 Empioyees shall report to work location as assigned by a designated Empioyer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion ot the Employer. 7.4 Call-In Pav. When an employee is cailed 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. 7.5 Overtime. Time on the payroli in excess of the normal hours set forth above shall be °overtime work" and shall be done oniy by order of the head of the department. An empioyee 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 shafl be paid shall be determined solely by the Employer. The time-and-one-haff overtime rate shail be � based on the totai rate, including any premium pay, being earned during the overtime hours worked. 7.6 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 clase proximity of the employee's workstation. 7.6.1 An employee shail be allowed one fifteen ('i5) minute rest break during each four (4)-hour period worked during the empioyee's normal workday. Any employee required to remain at work following the completion of an eight eiy hvo (2) hours aBeSthe nd o h s%lier o ( workiiayt and afte� ' oximat al ptet'ion of every four (4) hours of work thereafter. • o�- 3�s� � � ARTICLE 8. SENIORITY 8.1 82 [�] e] 8.4 Seniority, for the purpose of this Agreement, shall be defined as foilows: 8.1.1 District/Citv Senioritv. The length of continuous regular and probationary service with the Empioyer from the last date of employment in any and a�l ciass tities. 8.12 Class Senioritv. The length of continuous regular and probationary service with the Employer from the date an employee was first cert'rfied and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment heid by an employee. Seniority shali terminate when an employee retires, resigns or is discharged. 82.1 In the event the Employer determines that it is necessary to reduce the workforce, employees wiN be {aid off by ciass title within each division based on inverse iength of "Class Seniority." Recall from tayoff shall be in inverse order of layoff, except that recall rights shail expire after two (2) years of layoff. 822 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher tities 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 ciass title in any department. 8.2.3 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 shail first be placed on a reinstatement register and shall have "Class Seniorit�' based on the date originaily certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to originai class as provided in 822 above. 82.4 When the new title, School Service Worker is estabiished, incumbents who become certified in the new title shail also retain the seniority acquired in the oid title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 82.5 li a School Service W orker is laid off, he/she may fill a temporary position in ihe title Trades Laborer or replace an existing temporary employee serving in that title. To the extent possibie, vacation periods shall be assigned on the basis of °Class Seniority,° within each ciass, by division. It is, however, understood that vacation assignments shail be subject to the ability of the Employer to maintain operations. Promotions shall be handied in accordance with current Civil Service Rules and practices. • ARTICLE 9. HOLIDAYS � 9.1 Holidavs Recoqnized and Observed. The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day. Eligible employees shall receive pay for each of the holidays listed above, on which they pertorm no work. Whenever New Yea�s Day, Independence Day or ChrisVnas Day shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of these three holidays falis on Sunday, the following Monday shall be observed as the hoiiday. 92 Eliqibilitv Requirements. To be eligible for holiday pay, employees must have been compensated for ali scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luiher King Jr. Day falls on a day when schoot is in session, the employees shail work that day at straight time and another day shali be designated � as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 9.4 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 Articie 7.4 (Call-In Pay). • C� D/- 37�' � � � ARTICLE 10. VACATIONS 10.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service First year through completion 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years through completion of 25 years After 25 years and thereafter 10.2 10.3 Annuai Hours of Vacation Earned Per Hour on Pavroll .0500 .0692 .0769 .1000 .1077 Annual Hours Eamed 104 144 160 208 224 Days Earned 13 18 20 26 28 Calculations are based on a 2,080-hour work year and shali be rounded off to the nearest hour. Years of service wili be defined to mean the number of years since the date of appointment. An empfoyee may carry over one hundred sixty (160) hours ot vacation into the following "vacation year." For the purpose of this Article, the `Yacation year' shail be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion, if an employee has an accumulation of sick leave credits in excess of 1,440 hours, the employee may convert any part of such excess at the rate of two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regularly-assigned workdays of vacation (not to exceed a total of forty [40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shail be no more than five (5) days in any one (i) 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. 7 ARTICLE 11. SICK LEAVE 11.1 Sick leave shali accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is uniimfted. 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. 112 Specified Allowable Uses of Sick Leave 112.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, tor 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 actualiy 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. 11.2.2 Sick leave for sick childcare shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shail only be granted pursuant to Mirtnesota Statute § i81.9413 and shall remain available so long as provided in statute. 112.3 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, aunt, uncle, sister-in-law, or brother-in-law. 112.4 Spouse/Dependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These days when used are deductible from sick leave. 11.2.5 Adoption Leave. Up to fifteen (15) days of accumulated sick leave may be used in a corttract year to attend to adoption pro¢edures oc care for a newly adopted child. Use of these fifteen (15) days does not need to occur consecutively. 112.6 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] hours in any year). 112.7 Medical verification wiil be defined to mean, °A written note issued from a qualified treating medical provider during the period the employee was absent from work.° The medicai verification will be provided to the employer before he/she returns to work. � r 1 LJ � � ol - 37�' � ARTICLE 11. SICK LEAVE (continued) 112.8 When the employer puts a person on the medical verification requirement; they will first meet with the employee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the Ietter removing the requirement. 11.3 Absence While on Sick Leave With Pa 11.3.1 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 empioyment wfth independent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 11.4 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. ARTICLE 12. PARENTAUMATERNITY LEAVE 12.1 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 122 Maternity is defined as the physical state of pregnancy of an empioyee, 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 empioyee 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. 12.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per caiendar year for school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 ru{es, so long as the statute so provides. ARTICLE 13. JURY DUTY 13.1 Any empioyee who is required during regular working hours to appear in court as a juror or witness, except as a witness in his own behaif 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 Independeni School District No. 625, Business Office. Any empioyee who is scheduled to work a shift other than the normal daytime shift shail 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. • 0 ARTICLE 14. WAGES 14.1 142 7he basic hourly wage rates as estabiished by Appendix A shaii be paid for all hours worked by provisional, regular, and probationary employees. The basic hourly wage rates as established by Appendix B shall be paid for ali hours worked by temporary employees. 14.3. 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, vacafion time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by appiying the holiday pay eligibility requirements, as specified in Articie 9, Section 92. If those requirements are not mei, the sick leave, vacation, or holiday pay shail be at the lower rate. ARTICLE 15. 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 empioyees selecting the offered plans agree to accept any changes in the beneffts which a specific provider implements. IRS rules and regulations shail govern the Employer provided health and welfare benefit program. 12 Eligibilitv Waitina Period. One (1) full month of continuous regularly appointed service in Independent School District No. 625 will be required before an eiigible empioyee 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 Haif-Time Status. For the purpose of this Articie, half-time employment is defined as appearing on the payroii at ieast twenty (20) hours but less than thirty-two (32) hours er week "or af least fo 40 hours but"'Te'ss than si p rty' O xry-four'"(54) hours per pay period; excluding overtime hours. An empioyee will be considered half time only 'rf such employee is assigned to a position which is regularly assigned half-time hours. 1.5 Em�lover Contribution Amount--Fuli-Time Emplovees. Effective July 1, 2000, for each eligibie employee covered by this Agreement who is employed fuli time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $215 per month, whichever is less. For each eligible fuli-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $400 per month, whichever is less. 1.5.1 Effective January 1, 2001, for each eligibie empioyee 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 $240 per month, whichever is less. For each eligibie full-time employee who selects family coverage, the Employer wiil contribute the cost of such family coverage or $420 per month, whichever is less. � s C � 10 Ol-3 Z�' � ARTICLE 15. INSURANCE, Section 1. (continued) 1.52 Effective January 1, 2002, for each eligible empioyee covered by this Agreement who is employed fuli time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $265 per month, whichever is less. For each eiigible full-time empioyee who selects family coverage, the Employer wili contribute the cost of such family coverage or $445 per month, whichever is less. 1.6 Emolover Contribution Amount--Haif-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute frfty percent (50%) of the amount contributed for fuli-time employees selecting employee coverage; or for each haff-time employee who selects fami4y 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 empioyees actively enroi{ed in the medica{ 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 iii or injured so as to be unable to continue working and has exhausted ail his/her sick Ieave 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 Iife insurance coverage. The total premium contribution by the Employer for ali fife insurance coverage shalt 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 ali Empioyer coverage shall terminate. i.10 Fiexibie Spendinq Account. it is the intent of the Employer to maintain during the term of this Agreement a pian for medical and child care expense accounts to be available to employees in this bargaining unit who are eligibie for Empioyer-paid premium contribution for heaith insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 15 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 famiiy insurance coverage in excess of the doliar amounts stated in this Article 15 shall be paid by the employee through payroll deduction. Empioyees on winter layoff who are receiving District contributions described in 1.7 above shafl pay any excess premium costs directiy 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 ihe period of layoff. • 11 ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit Eligibility For Empioyees Who Retire Before Age 65 1.1 Employees hired into District service before January 1, 1996, must have completed the foliowing service eligibility requirements with Independe�t 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. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-five (25) years ot service, or; C. The combination of their age and their years of service must equal eighty-five (85) or more, or, D. Must have completed at least thirty (30) years of service, or; � E. Must have completed at least fwenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted � toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 12 Employees hired inio District service after January 1, 1996, must have completed twenty (20) years of service with Independent Schooi District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. 1.3 Eliaibilitv Reauirements For Alf Retirees A. A retiree may not carry his/her spouse as a dependent 'rf such spouse is aiso an Independent School District No. 625 retiree or Independent School District No.'625 employee and eligibie for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Empioyer-paid health insurance program. B. Additional dependents beyond those designated to the District at the time of retirement may not be added at Disirict expense after reGrement. C. 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. D. Employees terminated for cause will rtot be eligible for employer contributions toward insurance premiums for either pre-age 65 or post-age 65 coverage. • 12 al- 3�8' • ARTICLE 15. INSURANCE, Section 2. (continued) Subd. 2. Emplover Contribution Levels For Emplovees Retirinq Before Aae 65 2.1 Health Insurance Emolover Contribution Empioyees who meet the requirements in Subd. 1.1 or Subd. 12 of this Article will receive a District contribution toward heaith insurance until the employee reaches sixty- five (65) years of age as defined in this subdivision. 2.1.1 The District contribution toward health insurance premiums will equal the same dollar amount the District contributed for singie or famiiy coverage to the carrier in the employee's last month of active employment. 2.1.2 In the event the District changes health insurance carriers, it will have no impact on the District contribution for such coverage. 2.1.3 Any employee who is receiving family coverage premium contribution at date of retirement and later changes to singie coverage wiil receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. 2.2 Life Insurance Emolover Contribution The District wiil provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. � Subd. 3. Benefit Eliaibilitv For Emplovees After Aae 65 3.1 Employees hired into the District before Januarv 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Employees hired into the District before Januarv 1. 1996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1 above or the foilowing eiigibility requirements to receive District contributions toward post-age-65 health insurance premiums: 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. Empioyees hired on or after May 1, 1992 and prior to January 1, 1996, must have completed twenty (20) years of continuous employment with the District. For such employees or eariy retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer wili discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. Years of certified civii service time with the City of Saint Paul earned prior to May 1, 1996, will continue to be counted toward meeting the DistricYs service requirement • of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, wili be considered a break in District employment. 13 ARTICLE 15. INSURANCE, Section 2, (continued) 3.3 Emplovees hired on or after Januarv 1. 1996, shall not have or acquire in any way any eligibility for Empioyer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shali be eligible for only early retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4 Emolover Contribution Levels For Retirees After Aqe 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium contributions for a Medicare Suppiement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Tvpe Medicare Eligible Non-Medicare Eligible Sinale $300 per month $400 per month Famiiv $400 per month $500 per month At no time shall any payment in any amount be made directiy to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in fuli by the retiree, or coverage will be discontinued. Subd. 5. Emplovees hired after Januarv 1, 1996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an empioyer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District wiii match up to $50 per paycheck up to a maximum of $500 per year of cortsecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time empioyees working half-time or more will be eligible for up to one haif (50 percent) of the available District match. Approved non-compensatory leave shail not be counted in reaching the three (3) fuil years of consecutive active service, and shali 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 appfy. The employee, not the District, is solely responsible for determirting his/her total maximum aliowable annuai contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. � � . 14 D�- 3 z8' � ARTICLE 18. SEVERANCE PAY 16.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year of the retirement. 16.2 To be eligibie for the severance pay program, the empioyee must meet the foilowing requirements: 16.2.1 The employee must be fifty-five (55) years of age or oider or must be eligible for pension under 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. 16.2.2 The employee must be voiuntarily 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, incompetence or any other disciplinary reason are noi eligible for this severance pay program. 16.3 4f an empfoyee notif'tes the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirements set forth in 192 above, he or she will be granted severance pay in an amount equal to $75 pay for each day of accrued, unused sick leave, up to 200 days. 16.3.1 if an employee notifies the Human Resource Department in less than three (3) months in advance of the date of retirement and requests severance pay and if � the employee meets the eligibility requirement set forth above, he or sfie will be granted severance pay in an amount equal to $65 pay for each day of accrued, unused sick leave up to 231 days. 16.32 if an employee or immediate family member has a sudden illness�njury necessitating immediate retirement, and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to $75 pay for each day of accrued, unused sick leave up to 200 days. 16.4 The maximum amount of money that any empioyee may obtain through this severance pay program is $15,000. 16.5 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met ail 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. 16.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul empioyment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. • 15 ARTICLE 17. DISCIPLINE PROCEDURES 17.1 The Employer will discipline employees for just cause only. Discipiine will be in the form of: a) Orai reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7 7.2 Suspensions, reductions, and discharges will be in written form. 17.3 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. 17.4 Preliminarv Review, Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor shali then provide written notice of the charges to the employee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provideci the opportunity to speak on his/her behalf regarding ihe proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. �� 17.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 18, or under Civil Service grievance procedures, but not both. � Oral reprimands shall not be grievable. 17.6. Employees who are unabie to report for their normai 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. • 16 Of-378 � ARTICLE 18. GRIEVANCE PROCEDURE 18.1 The Employer shall recognize stewards selected in accordance with Union rules and reguiations as the grievance representative of the bargaining unft. The Union shall nofrfy the Employer in writing of the names of the stewards and of their successors when so named. 182 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 consisteni wiih such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during work+ng hours, provided the steward artd the employee have s�otified a�d received the approval of their supervisor(s) to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Empioyer. 18.3 The procedure established by this Article shali be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 18.4 Grievances shall be resoived in conformance with the following procedure: Step 1. Upon the occurrence of an alieged 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 empioyee's • satisfaction by the informal discussion, ft 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 ten (10) Calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonab{e diiigence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within ten (10) calendar days after receiving the written grievance, a designated Empioyer 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 five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shall be considered waived. u 17 ARTICLE 18. Steo 3. GRIEVANCE PROCEDURE (continued) Within ten (10) calendar days foilowing 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. Wifhin ten (10) calendar days following ihis meefing, the Employer shal) reply in writing to the Union stating the EmployePs answer conceming 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 ten (10) calendar days foliowing receipt of the Employer's answer shall be considered waived. Ste° 4. If the grievance remains unresolved, the Union may within ten (10) 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 conducied by an arbitrator to be selected by mutual agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said ten (70)-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 wiil be repeated and the remaining persori shall be the arbitrator. 18.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subiracf from the provisions of ihis Agreement. The arbitrator shali 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 shail 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 arbitrafor's decision shall be szbmitted in writing within thirty (30) days tollowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension, The decision shail 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 shali be finai and binding on the Empioyer, the Union, and the empioyees. 18.6 The fees and expenses for the arbitratoPs services and proceedings shaii be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own repres,entatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provi g� 'din it pays for the record. 18.7 The time timiis in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 18.8 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 arbiiration under this grievance procedure. � � r � LJ 18 ��- 378' � ARTICLE 19. LEGAL SERVICES 19.1 Except in cases of malfeasance in office or wiilful or wanton neglect of duty, the Empioyer shail defend, save harmless, and indemnify an empioyee and/or his estate against any ciaim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. 19.2 Notwithstanding 19.1, the Employer shall not be responsible for paying any legal service fee or for providing any Iegal service arising from any legal action where the employee is the plaintiff. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Unions and the Emp{oyers agree that there sha!! be no str+kes, work stoppages, slow-downs, sit-down, stay-in or other concerted interference with the EmpioyePs business or affairs by any of said Unions and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 21. SAVINGS CLAUSE 21.1 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 shail continue in full force and effect. ARTICLE 22. JURISDICTION 22.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Employer. 222 In the event of a dispute concerning the pertormance 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 Empioyer's basic right to assign work. `� 22.4 Any employee refusing to perform work assigned by the Employer shall be subject to discipiinary action as provided in Article 17 (Disciplinary Procedures). There shall 6e no work stoppage, slow down or any disruption of work resulting from a work assignment. • 22.5 The subcontracting of work done by the employees covered by this Agreement shall in alI cases be made only to Employers who qual'rfy in accordance with St. Paul Administrative Code Section 82.07, Minimum Wages on Public Contracts. 19 ARTIC�E 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 conCeming the tertns and conditions of employment. The agreements and understandings reached by the parties after the exercise ot this right are fully and compfetely set forth in this Agreement. My and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of empioyment to the entent 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 shail continue to be in effect. 232 Except as herein provided, this Agreement shali be effective as of the date it is executed by the parties and shali continue in fuil force and effect through June 30, 2002, and ihereafter untii mod�ed or amended by mutuai agreement of the parties. Either party desiring to amend or modify this Agreement shaii notify the other in writing so as to compty with the provisions of the Pub(ic Emptoyment Labor Refations Act of i97i. 23.3 This constitutes a tentative agreement between the parties which wili be recommended by the Board of Education negotiator but is subject to the approvai of the Board of Education of independent School District No. 625 and is aiso subject to rat'rfication by the Unions. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 �"'� � i Chair, B� oi E� aiimv c � � N otiations b Relations Manager �c�G?��: ��.�..,� � � � Negotiation abor Relations Assistant Manager /—�/-00 Date TRI-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DRIVERS LOCAL NO 120 LABORERS LOCAL NO. 132 U Business Local No. 49 gusiness Manager, Local No. 49 � �� , Business Representative, Local 120 /" v �� / Business � ager, Local No. 132 iZ - /�� -D� Date � � � 20 D�- 3Z� � � • APPENDiX R HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary employees working in the ciasses listed below are as shown: School Grounds Crew Leader School Labor Crew Leader School Service Worker Plasterers Tender Heavy Equipment Operator Effective 7-1-00 $19.75 $19.75 $18.10 $20.71 $20.71 Effective 6-30-01 $20.35 $20.35 $18.65 $21.33 $21.33 PREMIUM PAY PROVISIONS Effective July 1, 2000, the following premium pay provisions shall apply: Premium Pav A. Premium pay of thirty cents (30¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1!4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem trucks. 5. Operation of a power tamper. 6. Work on the asphalt crew (except Asphalt Raker). 7. Operation of a hedge trimmer. Premium Pav B. Premium pay of fifty-five cents (55¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished class title, 'Asphait Raker. 3. Pertorming the duties of a Plasterer Helper or of a Tender for a Bricklayer, Blockiayer or Plasterer. 4. Holding a license to apply or use regulated pesticides and chemical treatments and assigned to perform work involving the appiication of such reguiated substances (the term "regulated" as used here, refers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work pertormed 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 shail be complied with. ' This title abolished except as to present incumbents. 21 APPENDtX B TEMPORARY EMPLOYEE RATES 1. The hourly rates for temporary employees working in the classes listed below are as shown: Effective Effective Effective Effective 4/22/2000 7/1 /2000 5/4/2001 5/3/2002 Schooi Service Worker $19.54 $20.63 * * Masonry Tender $19.54 $20.63 * * Trades Laborer $19.54 $20.63 * * � For temporary empioyees working in the titles listed in (1.) above the foilowing fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Effective Effective Effective 4/22/2000 5/4/2001 5/3/2002 Heaith and Welfare $2.80 * * Pension $2.50 * * Vacation $1.36 * * � (Taxable Contribution) Training $ 21 * * 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective Effective Effective 4/22/2000 7/1 /2000 5/4/2001 5/3/2002 Heavy Equipment $22.91 $24.18 * * Operator . . . . . .,. For temporary empioyees 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 Effective 4/2?12000 5/4/2001 5/3/2002 Health and Welfare $320 * * Pension $3.80 * * Apprentice Training $ .15 * * 'The Employer agrees to contribute 100% of the wages and benefds per the Minnesota laborer's • Agreement and the Local 49 AGC Builders Agreement, effective May 4, 2001. • � O1-378� • APPENDIX B (continued) 3. Regular employees who are laid off and then called back to work on a temporary basis shali 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 subjeci to Public Empioyees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currentiy .0518). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B ir+creased or decreased, the Employer may adjust the applicable houriy pay rates and contribution amounts accordingly. � 6. Laborers employed by the Employer on a temporary basis will be paid on the rates indicated in (Appendix B1 above). � 23 D�- 378� i � J • ADDITIONAL INFORMATION (Not a Part of the Aareementl Memorandum of Agreement Regarding Loss of Drivers License 25 Memorandum of Agreement Regarding Loss of Drivers License This Memorandum of Understanding is by and beiween the Board of Education of Independent School District No. 625, Saint Paul Public Schools, and the Tri-Council, Local 49, Local 120 and Local 132. The purpose of this Memorandum is to estabiish a process that would occur in the event an employee who is required to hold a Commercial Drivers License (CDL) as a qual'rfication for the job they hold has that license suspended, revoked or cancelled, and to establish uniformity in addressing such a situation. This memorandum will also establish a timeframe for current employees who are required to hoid a CDL but who currently do not possess such a license to fulfili the requirement. The parties agree to the foilowing items. These items apply to situations that occur after ratificafion of the 2000-2002 labor agreement, unless specificaliy stated otherwise: 1. If an employee loses driving privileges and possession of a license that is required for the empioyee's job, the responsibility for regaining the license is the empioyee's and not the DistricYs. 2. It is the employee's responsibility to immediately notify their supervisor in writing of the loss of driving privileges. If an employee fails to notify their supenrisor, they will be subject to disciplinary action. If an employee drives a School Disirict vehicle without a valid driver's license, they wili be subject to immediate termination from School District employment. � 3. The employee must, at the empioyee's expense and on personal time, resolve the issue with the District Court or Department of Public Safety. � 4. When an employee loses his/her license for the first time as a schooi district empioyee, the School District, upon being made aware of the loss of an empioyee's license, shaii provide the empioyee with a work assignment that does not require a license for a period not to exceed ninety (90) calendar days. The ninety (90) calendar day period shall begin as of the date on which the State cancels, suspends or revokes the employee's license. If, after the nineTy (90) calendar days, the employee has not regained possession of a valid drive�'s license that meets the minimum requirements of the position the employee hoids, the employee wili be granted a leave without pay for a period not to exceed eighteen (18) calendar months. If the employee is unable to regain possession of a valid, required iicense by the end of the leave, the emp(oyee wifi be terminated from employmenf. 5. When an emplo es his/her license for the second time as a school district em lo yee los p yee, regardless of the date the first loss of license occurred, the School District, upon being made aware of the loss of an employee's license, shall grant the employee a leave of absence without pay for a period not to exceed two (2) calendar years. If the employee is unable to regain possession of a valid, required license by the end of two (2) calendar years, the employee wiil be terminated from empioyment. 6. If an employee Ioses and regains his/her license while on lay off and no accommodation is made, that loss of license wili not count in regard to Number 4 or Number 5 above. 7. Extensions of leaves of absence may only be granted at the discretion of the School District for reasons beyond the empioyee's control. The reasons shail be Iimited to deiays caused by State administrative procedures or the court system. u 26 �l-37� � � u 8. Voluntary reduction to a posftion in a lower class'rfication with minimum quai'rfications not requiring a driver's license is at managemenYs discretion; however, any accommodaGon provided shail not cause the displacement of another employee, regardiess of seniority. 9. Empioyees hired prior to ratification of the 2000-2002 labor agreement who hold a position requiring a Commercial Drivers License and who lost or failed to renew their Commercial Drivers License must gaiNrenew their license by November 1, 2002, or iheir employment wfth the School District wili be terminated from employment Duration This Memorandum of Agreement shall be effective upon signing, and shall remain in effect for the duration of this agreement; it is subject to renewal, termination or amendment by the parties. INDEPENDENT SCHOOL DISTRICT NO. 625 SAINT PAUL PUBLIC SCHOOLS �� Chair, Bo of Educa ion THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 �� Business Representative, Local No. 49 �(/_�� J� Negot' ionslL�or Relations Manager Business anager, Local No. 49 Lto�c� c<� �,�� Negotiations/L r Relations Assistant Manager Business Representative, Locai No. 120 l—� Date _�� (�' Business M iager, Local No. 132 `O� - �� — n� Date 27 A Adoption Leave ............................................8 B Breaks.........................................................4 C Call -In Pay ...................................................4 D Discipiine Procedures ................................16 F Fair Share Fee .............................................2 Flexible Spending Account ........................11 G Grievance Procedure .................................17 H Ho I idays ....................................................... 6 Hours........................................................... 4 / Insurance ...................................................10 J Jury Duty .....................................................9 L Life Insurance ............................................11 Loss of Drivers License .............................26 INDEX O Overtime ......................................................4 P ParentaUMatemity Leave .............................9 Retirement Benefits ...................................12 S Safety .............°-° °-....................-----°-.......---3 Safety Shoes ...............................................3 Seniority .........................�---�--.......................5 Severance ..................................................15 Sick Leave ..........................•------........-------... Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation............8 Spouse/Dependent Parent Leave ...............8 Strikes -------°--°--° ...................°°° U Union Dues ..................................................2 V Vacation..................... �--...............................7 W Wages ............................................10, 21, 22 Workday ..........................................�--..........4 � • 28 • Council File # �\�3rIR Green Sheet # 106830 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented by_ Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 2000 through June 30, 2002 Employment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Loca1 No. 49, Local No. 120, and Local No.132, 4 Exclusive Representative for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. Requested by Department of. Office of Labor Relations By. /�� Form Appr ved by i� tt /J BY� �� ' �l/tIJ Approved by Mayor for Submission to Council Adoprion Certified by Council Secretary By: By: '�R�. � . � Approved by Mayor: Date �/(� % �� By: AdoptedbyCouncil: Date� �'�'S �Qp\ e DEPARTMENT/OFF/CE/COUNCIL: DATE INII7ATED GREEN SHEET No.• 1Ob830 al_, LABOR RELATIONS April 9, 2001 ' CON'IACf PERSON & PHONE: � iNmni✓nATE m7Tlni✓nA7B �I.TE K�U.S 266-6513 pgSIGN 1 DEPAR'CMENT DIR. 4 CITY COUNCIL NUMBER 2 CITY ATTORNEY CITY CLERK MUST BE ON COUNCIL AGEPIDA BY (DATE) FOR BUDGET DIR. FIN. & MGT. SERVICE DIR. ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNAI"URE PAGES_3 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTiON REQUESTED: This resolution approves the attached July 1, 2000 through June 30, 2002 Employment Agreement between the Independent School District No. 625, Saint Paul Public Schools, and The Tri-Council, Local No. 49, Local No. 120; and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators. RECOMMENDATIONS: Approve (A) or Reject (R) pERSONAL SERVICE CONTRACfS MUST AIVSWER THE FOLLOWING QUESTIONS: �PLANNING COMMISSION _CIVIL SERVICE COMMISSION I. Has this person/fiIm ever worked under a contract for this department? CIB COMMITTEE Yes No STAFF 2 Hu this personlficm ever been a city employee� DISTRICT COURT Yes No SUPPORTS WHiCH COLRJCIL OBJECTT VE? 3. Dces this person/ficm possess a skill not normally possessed by any curzent city employee? Yes No Ezplain alI yes answers on separate sheei and attach ro greensheet INITIATING PROBLEM, ISSUE, OPPORTI7NITY (Who, What, When, Where, Why): , � �� cJas � Fe - AE,�"� �: , �t° y , ��3OG @'� ADVANTAGESIFAPPROVED: ' This Agreement pertains to Board of Edi.�ation employees only. - DISADVANI'AGES IR APPROVED. DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY NUMBER: FINANCIAL INFORMATION: (EXPLAIN) I INDEPENDENT SCHOOL DISTRICT NO. 625 p ,. ��Y BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: December 19, 2000 TOPIC: Approval of Employment Agreement Between Independent School District No. 625, Saint Paul Pubiic Schools and Tri-Council Locai No. 49, Local No. 120, and Local No. 132, Exclusive Representatives for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 2000, through June 30, 2002. 2. Contract changes are as follows: Waaes: Effective July 1, 2000, increase wage rates 3%, Premium Pay A to $.30 per hour and add duty of hedge trimmer to list of duties eligible for premium pay, Premium Pay B to $.55 per hour, and wage rate for temporary employees to 95 percent of outside rate. Effective June 30, 2001, increase wage rates 3% and wage rate for temporary employees to 100% of outside rate. Insurance: The eligibility waiting period for new employees to receive benefits is reduced from three months to one month consistent with other district contracts. Effective January 2001, the district contribution for single coverage is increased to $240; family coverage is increased to $420; effective January 2002, the district contribution for single coverage is increased to $265, family coverage is increased to $445. Retiree Health Insurance: Accountability provision added whereby employees who are terminated for cause will not be eligible for pre or post-age-65 health insurance. Severance: To provide the district earlier notice of potential vacancies employees who give three months notification prior to retirement wilf receive $75 for each day of earned, unused sick leave up to a maximum of $15,000. If notification is less than three months, the amount paid per day is reduced to $65. The pre-notification requirement is waived in instances of verifiable sudden illness of an employee or immediate family member. Satetv Shoes: The allowance for safety shoes was increased from $60 per year to $150 over the life of the agreement. Adoption Leave: Employees may use up to fifteen days of sick leave for the adoption or care of a newly adopted child. 3. The District has 19 regular employees in this bargaining unit. 4. The maintenance of buildings and grounds promotes a quality learning environment that supports the teaching target of preparing all students for life. 5. This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Wayne Arndt, Negotiations/Labor Relations Manager; Richard Kreyer, Executive Director of Human Resources and Labor Relations; and Lois Rockney, Interim Chief Operating Officer. o�.��r Employment Agreement December 19, 2000 Tri-Council Page Two 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 Tri-Council Local No. 49, Local No. 120, and Locai No. 132, is the exclusive representative; duration ot said Agreement is for the period of July 1, 2pp0 through June 3�, 2002. o�-3�r � , 2��0 ' 2��2 COLLECTIVE BARGAfNING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Pubiic Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 2000 through June 30, 2002 � Saint Paul Public Schools L I F F L O N 6 L E q R N/ M 6 ��1 t • �' Sainf Pau! Public Schools t/ s e t a� s t r a x i i• s SAINT PAUL PUBLIC SCHOOLS Independent Scfiool Disfrict No. 625 Board of Education Becky Montgomery Anne Carroll Tom Conlon Gilbert de la O AI Oertwig Mary Thomton Phillips Neal Thao Chair Director Director Director Director Director Director Administration Superintendent of Schoois interim Chief Operating Officer Chief Academic O�cer ° Chief AcCOUntabifity Uifieer Executive Assistant Area Superintendents Patricia A. Harvey Lois Rockney Kate Foate TrewfCk � � � �Macgo. Baines � � _ � , , . , Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Mary K. Boyd, Area D Terifyn Tumer, Area E # �� • � CJ1 � � � TABLE OF CONTENTS ARTICLE TRLE Articie Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. �. 23. PAGE Principles............................................................................................................... iv Recogn on ................................................................................................................1 Maintenance of Standards ........................................................°°-------°-------°-°-.......2 UnionRights ..............................................................................................................2 PayrollDeduction .......................................................................................................2 ManagementRights .................°°--°°-°-...................-----°--°°---°---..........................3 Safety ......................................................................................................................... 3 Hours.........................................................................................................................4 Seniority .....................................................................................................................5 Holidays.....................................................................................................................6 Vacations................................................................................................................... 7 Sick Leave .................................................................................................................8 ParentaVMaternity ...........................................................................................9 Jury Duty ....................................................................................................................9 Wages ......................................................................................................................10 In s u ran ce .................................................................................................................10 Severance ........................................................................................................15 Discipline Procedures ..............................................................................................16 Grievance Procedure ...............................................................................................17 Legal Services .........................................................................................................19 Strikes, Lockouts, Work Interference ......................................................................19 Savings Clause ........................................................................................................19 Ju risdiction ...........................................................................................�---� �---...........19 Termsof Agreement ................................................................................................2C AppendixA ..............................................................................................................21 AppendixB ..............................................................................................................2i ADDITIONAL INFORMATION (Not a Part of Agreement) MEMORANDUM OFAGREEMENT Loss of Drivers License.. Index ................. ..........26 ..........28 � 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 passible degree of practical, friendiy, cooperative relationships between their respective representatives at aii levels. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes beriveen people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on fuil understanding of and regard for the respective rights and responsibilities of both the Employer and the empioyees. 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. � � C � iv �/- 378 � ARTICLE 1. RECOGNITION 1.1 The Employer recognizes agency for all employees No. 89-PR-2347, as foliows the Union as the sole and exciusive collective bargaining who have been certified by the State of Minnesota, Case AII empioyees in the classifications of: Heavy Equipment Operator Plasterer's Tender School Grounds Crew Leader School Labor Crew Leader Schooi Service Worker Abolished titles formerly recagnized as exclusively represented by the Union: � 'Asphalt Raker 'Asphalt Shoveler 'Building Laborer *Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader `Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper "Tractor Operatorl Tractor Operator II *Tree Trimmer I *Tree Trimmer II Tree Worker Truck Driver 'Unskilled Laborer who work more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exciusively 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 ciassifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take ali steps required under the Pubiic 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 shail be no individual agreements with any empioyees that conflict with the terms of this Agreement, and any such agreement or contract shall be nuil and void. ►�.J 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 generai 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 Pian 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. ARTIC�E 3. UNION RIGHTS 3.1 The Union may designate employees from within the bargaining unit to act as Stewards and shall inform the Empioyer in writing of such designations. Such empioyees shail have the rights and responsibilities as designated in Article 18 (Grievance Procedure). There shall be no more than one steward from each local involved in any one specific grievance. 3.2 3.3 There shall be no deduction of pay from stewards when directly invoived in meetings with management during working hours for grievance procedures. Designated union representatives shall be permitted to visit employees on job sites and at department buildings during working time. ARTICLE 4. PAYROLL DEDUCTION 4.1 The Empioyer shall, upon request of any employee in the unit, deduct such sum as 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 unrform and standard amou�ts as is possible. The Empfoyer shall remit monthly such deductions to the appropriate designated Union. 42 In accordance with Minnesota Statute § 179A25, Subd. 3, the Employer agrees that upon notification by the Union, the Employer shall deduct a fair share fee from ail cert'rfied employees who are not members of the exclusive representative. in no instance shail the required contribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relafionship to negotiations and adminisfrafion of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suds 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 hoid the Union harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negiigence on the part of the Employer in making or forwarding deductions under this Articie. � r1 �J • �a 0�-37� � ARTICLE 5. MANAGEMENT RIGHTS 5.1 The Union recognizes the righi ot the Employer to opesate and manage its ai�airs in alf respects in accordance with appiicable laws and regulations of appropriate authorities. The Employer retains the rights and authority, which the Employer has not officiaily abridged, delegated or modified by this Agreement. 52 A pubfic empfoyer 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 ihe functions and programs of the employer, its overall budget, utilization of technology, and organizational structure and selection and direction and number of personnei. ARTICLE 6. SAFETY 6.1 Accident and injury-free operations shall be the goal of the Empioyer 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. 62 To this end, the Employer shail 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 shaii 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 $150 over the term of this agreement toward the purchase or repair of safety shoes purchased by an employee who is a member of this unit. This reimbursement shali be made only after investigation and approval by the immediate supervisor of that employee. This contribution to be made by the Employer shail apply only to those employees who are required to wear protective shoes or boots by the Employer. • 3 ARTICLE 7. HOURS � 7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute lunch period, The normal work week shali be five (5) consecutive normal workdays in any seven (7)- day period. (For employees on a shift basis fhis shall be construed Yo mean an average of forty [40] hours a week.) 7.2 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. 7.3 Empioyees shall report to work location as assigned by a designated Empioyer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion ot the Employer. 7.4 Call-In Pav. When an employee is cailed 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. 7.5 Overtime. Time on the payroli in excess of the normal hours set forth above shall be °overtime work" and shall be done oniy by order of the head of the department. An empioyee 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 shafl be paid shall be determined solely by the Employer. The time-and-one-haff overtime rate shail be � based on the totai rate, including any premium pay, being earned during the overtime hours worked. 7.6 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 clase proximity of the employee's workstation. 7.6.1 An employee shail be allowed one fifteen ('i5) minute rest break during each four (4)-hour period worked during the empioyee's normal workday. Any employee required to remain at work following the completion of an eight eiy hvo (2) hours aBeSthe nd o h s%lier o ( workiiayt and afte� ' oximat al ptet'ion of every four (4) hours of work thereafter. • o�- 3�s� � � ARTICLE 8. SENIORITY 8.1 82 [�] e] 8.4 Seniority, for the purpose of this Agreement, shall be defined as foilows: 8.1.1 District/Citv Senioritv. The length of continuous regular and probationary service with the Empioyer from the last date of employment in any and a�l ciass tities. 8.12 Class Senioritv. The length of continuous regular and probationary service with the Employer from the date an employee was first cert'rfied and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment heid by an employee. Seniority shali terminate when an employee retires, resigns or is discharged. 82.1 In the event the Employer determines that it is necessary to reduce the workforce, employees wiN be {aid off by ciass title within each division based on inverse iength of "Class Seniority." Recall from tayoff shall be in inverse order of layoff, except that recall rights shail expire after two (2) years of layoff. 822 In cases where there are promotional series such as Unskilled Laborer, Crew Leader, etc., when the number of employees in these higher tities 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 ciass title in any department. 8.2.3 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 shail first be placed on a reinstatement register and shall have "Class Seniorit�' based on the date originaily certified and appointed to said class. Employees may also apply for positions in a lower class but may, nevertheless, retum to originai class as provided in 822 above. 82.4 When the new title, School Service Worker is estabiished, incumbents who become certified in the new title shail also retain the seniority acquired in the oid title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 82.5 li a School Service W orker is laid off, he/she may fill a temporary position in ihe title Trades Laborer or replace an existing temporary employee serving in that title. To the extent possibie, vacation periods shall be assigned on the basis of °Class Seniority,° within each ciass, by division. It is, however, understood that vacation assignments shail be subject to the ability of the Employer to maintain operations. Promotions shall be handied in accordance with current Civil Service Rules and practices. • ARTICLE 9. HOLIDAYS � 9.1 Holidavs Recoqnized and Observed. The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day. Eligible employees shall receive pay for each of the holidays listed above, on which they pertorm no work. Whenever New Yea�s Day, Independence Day or ChrisVnas Day shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of these three holidays falis on Sunday, the following Monday shall be observed as the hoiiday. 92 Eliqibilitv Requirements. To be eligible for holiday pay, employees must have been compensated for ali scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luiher King Jr. Day falls on a day when schoot is in session, the employees shail work that day at straight time and another day shali be designated � as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 9.4 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 Articie 7.4 (Call-In Pay). • C� D/- 37�' � � � ARTICLE 10. VACATIONS 10.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Years of Service First year through completion 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years through completion of 25 years After 25 years and thereafter 10.2 10.3 Annuai Hours of Vacation Earned Per Hour on Pavroll .0500 .0692 .0769 .1000 .1077 Annual Hours Eamed 104 144 160 208 224 Days Earned 13 18 20 26 28 Calculations are based on a 2,080-hour work year and shali be rounded off to the nearest hour. Years of service wili be defined to mean the number of years since the date of appointment. An empfoyee may carry over one hundred sixty (160) hours ot vacation into the following "vacation year." For the purpose of this Article, the `Yacation year' shail be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion, if an employee has an accumulation of sick leave credits in excess of 1,440 hours, the employee may convert any part of such excess at the rate of two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regularly-assigned workdays of vacation (not to exceed a total of forty [40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shail be no more than five (5) days in any one (i) 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. 7 ARTICLE 11. SICK LEAVE 11.1 Sick leave shali accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is uniimfted. 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. 112 Specified Allowable Uses of Sick Leave 112.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, tor 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 actualiy 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. 11.2.2 Sick leave for sick childcare shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shail only be granted pursuant to Mirtnesota Statute § i81.9413 and shall remain available so long as provided in statute. 112.3 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, aunt, uncle, sister-in-law, or brother-in-law. 112.4 Spouse/Dependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or dependent parent. These days when used are deductible from sick leave. 11.2.5 Adoption Leave. Up to fifteen (15) days of accumulated sick leave may be used in a corttract year to attend to adoption pro¢edures oc care for a newly adopted child. Use of these fifteen (15) days does not need to occur consecutively. 112.6 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] hours in any year). 112.7 Medical verification wiil be defined to mean, °A written note issued from a qualified treating medical provider during the period the employee was absent from work.° The medicai verification will be provided to the employer before he/she returns to work. � r 1 LJ � � ol - 37�' � ARTICLE 11. SICK LEAVE (continued) 112.8 When the employer puts a person on the medical verification requirement; they will first meet with the employee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the Ietter removing the requirement. 11.3 Absence While on Sick Leave With Pa 11.3.1 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 empioyment wfth independent School District No. 625. Violation of the provision of this paragraph by any employee shall be grounds for suspension or discharge. 11.4 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. ARTICLE 12. PARENTAUMATERNITY LEAVE 12.1 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 122 Maternity is defined as the physical state of pregnancy of an empioyee, 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 empioyee 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. 12.3 An employee may request and be granted up to sixteen (16) hours of unpaid leave per caiendar year for school activities of his/her own child, pursuant to Minnesota Statute § 181.9412 ru{es, so long as the statute so provides. ARTICLE 13. JURY DUTY 13.1 Any empioyee who is required during regular working hours to appear in court as a juror or witness, except as a witness in his own behaif 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 Independeni School District No. 625, Business Office. Any empioyee who is scheduled to work a shift other than the normal daytime shift shail 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. • 0 ARTICLE 14. WAGES 14.1 142 7he basic hourly wage rates as estabiished by Appendix A shaii be paid for all hours worked by provisional, regular, and probationary employees. The basic hourly wage rates as established by Appendix B shall be paid for ali hours worked by temporary employees. 14.3. 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, vacafion time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by appiying the holiday pay eligibility requirements, as specified in Articie 9, Section 92. If those requirements are not mei, the sick leave, vacation, or holiday pay shail be at the lower rate. ARTICLE 15. 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 empioyees selecting the offered plans agree to accept any changes in the beneffts which a specific provider implements. IRS rules and regulations shail govern the Employer provided health and welfare benefit program. 12 Eligibilitv Waitina Period. One (1) full month of continuous regularly appointed service in Independent School District No. 625 will be required before an eiigible empioyee 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 Haif-Time Status. For the purpose of this Articie, half-time employment is defined as appearing on the payroii at ieast twenty (20) hours but less than thirty-two (32) hours er week "or af least fo 40 hours but"'Te'ss than si p rty' O xry-four'"(54) hours per pay period; excluding overtime hours. An empioyee will be considered half time only 'rf such employee is assigned to a position which is regularly assigned half-time hours. 1.5 Em�lover Contribution Amount--Fuli-Time Emplovees. Effective July 1, 2000, for each eligibie employee covered by this Agreement who is employed fuli time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $215 per month, whichever is less. For each eligible fuli-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $400 per month, whichever is less. 1.5.1 Effective January 1, 2001, for each eligibie empioyee 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 $240 per month, whichever is less. For each eligibie full-time employee who selects family coverage, the Employer wiil contribute the cost of such family coverage or $420 per month, whichever is less. � s C � 10 Ol-3 Z�' � ARTICLE 15. INSURANCE, Section 1. (continued) 1.52 Effective January 1, 2002, for each eligible empioyee covered by this Agreement who is employed fuli time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $265 per month, whichever is less. For each eiigible full-time empioyee who selects family coverage, the Employer wili contribute the cost of such family coverage or $445 per month, whichever is less. 1.6 Emolover Contribution Amount--Haif-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute frfty percent (50%) of the amount contributed for fuli-time employees selecting employee coverage; or for each haff-time employee who selects fami4y 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 empioyees actively enroi{ed in the medica{ 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 iii or injured so as to be unable to continue working and has exhausted ail his/her sick Ieave 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 Iife insurance coverage. The total premium contribution by the Employer for ali fife insurance coverage shalt 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 ali Empioyer coverage shall terminate. i.10 Fiexibie Spendinq Account. it is the intent of the Employer to maintain during the term of this Agreement a pian for medical and child care expense accounts to be available to employees in this bargaining unit who are eligibie for Empioyer-paid premium contribution for heaith insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 15 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 famiiy insurance coverage in excess of the doliar amounts stated in this Article 15 shall be paid by the employee through payroll deduction. Empioyees on winter layoff who are receiving District contributions described in 1.7 above shafl pay any excess premium costs directiy 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 ihe period of layoff. • 11 ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit Eligibility For Empioyees Who Retire Before Age 65 1.1 Employees hired into District service before January 1, 1996, must have completed the foliowing service eligibility requirements with Independe�t 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. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-five (25) years ot service, or; C. The combination of their age and their years of service must equal eighty-five (85) or more, or, D. Must have completed at least thirty (30) years of service, or; � E. Must have completed at least fwenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted � toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 12 Employees hired inio District service after January 1, 1996, must have completed twenty (20) years of service with Independent Schooi District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. 1.3 Eliaibilitv Reauirements For Alf Retirees A. A retiree may not carry his/her spouse as a dependent 'rf such spouse is aiso an Independent School District No. 625 retiree or Independent School District No.'625 employee and eligibie for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Empioyer-paid health insurance program. B. Additional dependents beyond those designated to the District at the time of retirement may not be added at Disirict expense after reGrement. C. 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. D. Employees terminated for cause will rtot be eligible for employer contributions toward insurance premiums for either pre-age 65 or post-age 65 coverage. • 12 al- 3�8' • ARTICLE 15. INSURANCE, Section 2. (continued) Subd. 2. Emplover Contribution Levels For Emplovees Retirinq Before Aae 65 2.1 Health Insurance Emolover Contribution Empioyees who meet the requirements in Subd. 1.1 or Subd. 12 of this Article will receive a District contribution toward heaith insurance until the employee reaches sixty- five (65) years of age as defined in this subdivision. 2.1.1 The District contribution toward health insurance premiums will equal the same dollar amount the District contributed for singie or famiiy coverage to the carrier in the employee's last month of active employment. 2.1.2 In the event the District changes health insurance carriers, it will have no impact on the District contribution for such coverage. 2.1.3 Any employee who is receiving family coverage premium contribution at date of retirement and later changes to singie coverage wiil receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. 2.2 Life Insurance Emolover Contribution The District wiil provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. � Subd. 3. Benefit Eliaibilitv For Emplovees After Aae 65 3.1 Employees hired into the District before Januarv 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Employees hired into the District before Januarv 1. 1996, who retire at age 65 or older must have completed the eligibility requirements in Subd. 1 above or the foilowing eiigibility requirements to receive District contributions toward post-age-65 health insurance premiums: 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. Empioyees hired on or after May 1, 1992 and prior to January 1, 1996, must have completed twenty (20) years of continuous employment with the District. For such employees or eariy retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer wili discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. Years of certified civii service time with the City of Saint Paul earned prior to May 1, 1996, will continue to be counted toward meeting the DistricYs service requirement • of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, wili be considered a break in District employment. 13 ARTICLE 15. INSURANCE, Section 2, (continued) 3.3 Emplovees hired on or after Januarv 1. 1996, shall not have or acquire in any way any eligibility for Empioyer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shali be eligible for only early retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4 Emolover Contribution Levels For Retirees After Aqe 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium contributions for a Medicare Suppiement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Tvpe Medicare Eligible Non-Medicare Eligible Sinale $300 per month $400 per month Famiiv $400 per month $500 per month At no time shall any payment in any amount be made directiy to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in fuli by the retiree, or coverage will be discontinued. Subd. 5. Emplovees hired after Januarv 1, 1996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an empioyer matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District wiii match up to $50 per paycheck up to a maximum of $500 per year of cortsecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time empioyees working half-time or more will be eligible for up to one haif (50 percent) of the available District match. Approved non-compensatory leave shail not be counted in reaching the three (3) fuil years of consecutive active service, and shali 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 appfy. The employee, not the District, is solely responsible for determirting his/her total maximum aliowable annuai contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. � � . 14 D�- 3 z8' � ARTICLE 18. SEVERANCE PAY 16.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year of the retirement. 16.2 To be eligibie for the severance pay program, the empioyee must meet the foilowing requirements: 16.2.1 The employee must be fifty-five (55) years of age or oider or must be eligible for pension under 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. 16.2.2 The employee must be voiuntarily 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, incompetence or any other disciplinary reason are noi eligible for this severance pay program. 16.3 4f an empfoyee notif'tes the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirements set forth in 192 above, he or she will be granted severance pay in an amount equal to $75 pay for each day of accrued, unused sick leave, up to 200 days. 16.3.1 if an employee notifies the Human Resource Department in less than three (3) months in advance of the date of retirement and requests severance pay and if � the employee meets the eligibility requirement set forth above, he or sfie will be granted severance pay in an amount equal to $65 pay for each day of accrued, unused sick leave up to 231 days. 16.32 if an employee or immediate family member has a sudden illness�njury necessitating immediate retirement, and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to $75 pay for each day of accrued, unused sick leave up to 200 days. 16.4 The maximum amount of money that any empioyee may obtain through this severance pay program is $15,000. 16.5 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met ail 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. 16.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul empioyment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. • 15 ARTICLE 17. DISCIPLINE PROCEDURES 17.1 The Employer will discipline employees for just cause only. Discipiine will be in the form of: a) Orai reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 7 7.2 Suspensions, reductions, and discharges will be in written form. 17.3 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. 17.4 Preliminarv Review, Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor shali then provide written notice of the charges to the employee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provideci the opportunity to speak on his/her behalf regarding ihe proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. �� 17.5 Grievances relating to this Article may be processed in accordance with the grievance procedure under Article 18, or under Civil Service grievance procedures, but not both. � Oral reprimands shall not be grievable. 17.6. Employees who are unabie to report for their normai 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. • 16 Of-378 � ARTICLE 18. GRIEVANCE PROCEDURE 18.1 The Employer shall recognize stewards selected in accordance with Union rules and reguiations as the grievance representative of the bargaining unft. The Union shall nofrfy the Employer in writing of the names of the stewards and of their successors when so named. 182 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 consisteni wiih such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during work+ng hours, provided the steward artd the employee have s�otified a�d received the approval of their supervisor(s) to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Empioyer. 18.3 The procedure established by this Article shali be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 17, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 18.4 Grievances shall be resoived in conformance with the following procedure: Step 1. Upon the occurrence of an alieged 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 empioyee's • satisfaction by the informal discussion, ft 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 ten (10) Calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonab{e diiigence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within ten (10) calendar days after receiving the written grievance, a designated Empioyer 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 five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shall be considered waived. u 17 ARTICLE 18. Steo 3. GRIEVANCE PROCEDURE (continued) Within ten (10) calendar days foilowing 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. Wifhin ten (10) calendar days following ihis meefing, the Employer shal) reply in writing to the Union stating the EmployePs answer conceming 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 ten (10) calendar days foliowing receipt of the Employer's answer shall be considered waived. Ste° 4. If the grievance remains unresolved, the Union may within ten (10) 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 conducied by an arbitrator to be selected by mutual agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties fail to mutualiy agree upon an arbitrator within the said ten (70)-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 wiil be repeated and the remaining persori shall be the arbitrator. 18.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subiracf from the provisions of ihis Agreement. The arbitrator shali 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 shail 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 arbitrafor's decision shall be szbmitted in writing within thirty (30) days tollowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension, The decision shail 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 shali be finai and binding on the Empioyer, the Union, and the empioyees. 18.6 The fees and expenses for the arbitratoPs services and proceedings shaii be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own repres,entatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provi g� 'din it pays for the record. 18.7 The time timiis in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 18.8 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 arbiiration under this grievance procedure. � � r � LJ 18 ��- 378' � ARTICLE 19. LEGAL SERVICES 19.1 Except in cases of malfeasance in office or wiilful or wanton neglect of duty, the Empioyer shail defend, save harmless, and indemnify an empioyee and/or his estate against any ciaim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. 19.2 Notwithstanding 19.1, the Employer shall not be responsible for paying any legal service fee or for providing any Iegal service arising from any legal action where the employee is the plaintiff. ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE 20.1 The Unions and the Emp{oyers agree that there sha!! be no str+kes, work stoppages, slow-downs, sit-down, stay-in or other concerted interference with the EmpioyePs business or affairs by any of said Unions and/or the members thereof, and there shali be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 21. SAVINGS CLAUSE 21.1 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 shail continue in full force and effect. ARTICLE 22. JURISDICTION 22.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Employer. 222 In the event of a dispute concerning the pertormance 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 Empioyer's basic right to assign work. `� 22.4 Any employee refusing to perform work assigned by the Employer shall be subject to discipiinary action as provided in Article 17 (Disciplinary Procedures). There shall 6e no work stoppage, slow down or any disruption of work resulting from a work assignment. • 22.5 The subcontracting of work done by the employees covered by this Agreement shall in alI cases be made only to Employers who qual'rfy in accordance with St. Paul Administrative Code Section 82.07, Minimum Wages on Public Contracts. 19 ARTIC�E 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 conCeming the tertns and conditions of employment. The agreements and understandings reached by the parties after the exercise ot this right are fully and compfetely set forth in this Agreement. My and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of empioyment to the entent 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 shail continue to be in effect. 232 Except as herein provided, this Agreement shali be effective as of the date it is executed by the parties and shali continue in fuil force and effect through June 30, 2002, and ihereafter untii mod�ed or amended by mutuai agreement of the parties. Either party desiring to amend or modify this Agreement shaii notify the other in writing so as to compty with the provisions of the Pub(ic Emptoyment Labor Refations Act of i97i. 23.3 This constitutes a tentative agreement between the parties which wili be recommended by the Board of Education negotiator but is subject to the approvai of the Board of Education of independent School District No. 625 and is aiso subject to rat'rfication by the Unions. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 �"'� � i Chair, B� oi E� aiimv c � � N otiations b Relations Manager �c�G?��: ��.�..,� � � � Negotiation abor Relations Assistant Manager /—�/-00 Date TRI-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DRIVERS LOCAL NO 120 LABORERS LOCAL NO. 132 U Business Local No. 49 gusiness Manager, Local No. 49 � �� , Business Representative, Local 120 /" v �� / Business � ager, Local No. 132 iZ - /�� -D� Date � � � 20 D�- 3Z� � � • APPENDiX R HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary employees working in the ciasses listed below are as shown: School Grounds Crew Leader School Labor Crew Leader School Service Worker Plasterers Tender Heavy Equipment Operator Effective 7-1-00 $19.75 $19.75 $18.10 $20.71 $20.71 Effective 6-30-01 $20.35 $20.35 $18.65 $21.33 $21.33 PREMIUM PAY PROVISIONS Effective July 1, 2000, the following premium pay provisions shall apply: Premium Pav A. Premium pay of thirty cents (30¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1!4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem trucks. 5. Operation of a power tamper. 6. Work on the asphalt crew (except Asphalt Raker). 7. Operation of a hedge trimmer. Premium Pav B. Premium pay of fifty-five cents (55¢) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished class title, 'Asphait Raker. 3. Pertorming the duties of a Plasterer Helper or of a Tender for a Bricklayer, Blockiayer or Plasterer. 4. Holding a license to apply or use regulated pesticides and chemical treatments and assigned to perform work involving the appiication of such reguiated substances (the term "regulated" as used here, refers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work pertormed 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 shail be complied with. ' This title abolished except as to present incumbents. 21 APPENDtX B TEMPORARY EMPLOYEE RATES 1. The hourly rates for temporary employees working in the classes listed below are as shown: Effective Effective Effective Effective 4/22/2000 7/1 /2000 5/4/2001 5/3/2002 Schooi Service Worker $19.54 $20.63 * * Masonry Tender $19.54 $20.63 * * Trades Laborer $19.54 $20.63 * * � For temporary empioyees working in the titles listed in (1.) above the foilowing fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund: Effective Effective Effective 4/22/2000 5/4/2001 5/3/2002 Heaith and Welfare $2.80 * * Pension $2.50 * * Vacation $1.36 * * � (Taxable Contribution) Training $ 21 * * 2. The hourly wage rates for temporary employees working the class listed below are as shown: Effective Effective Effective Effective 4/22/2000 7/1 /2000 5/4/2001 5/3/2002 Heavy Equipment $22.91 $24.18 * * Operator . . . . . .,. For temporary empioyees 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 Effective 4/2?12000 5/4/2001 5/3/2002 Health and Welfare $320 * * Pension $3.80 * * Apprentice Training $ .15 * * 'The Employer agrees to contribute 100% of the wages and benefds per the Minnesota laborer's • Agreement and the Local 49 AGC Builders Agreement, effective May 4, 2001. • � O1-378� • APPENDIX B (continued) 3. Regular employees who are laid off and then called back to work on a temporary basis shali 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 subjeci to Public Empioyees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currentiy .0518). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B ir+creased or decreased, the Employer may adjust the applicable houriy pay rates and contribution amounts accordingly. � 6. Laborers employed by the Employer on a temporary basis will be paid on the rates indicated in (Appendix B1 above). � 23 D�- 378� i � J • ADDITIONAL INFORMATION (Not a Part of the Aareementl Memorandum of Agreement Regarding Loss of Drivers License 25 Memorandum of Agreement Regarding Loss of Drivers License This Memorandum of Understanding is by and beiween the Board of Education of Independent School District No. 625, Saint Paul Public Schools, and the Tri-Council, Local 49, Local 120 and Local 132. The purpose of this Memorandum is to estabiish a process that would occur in the event an employee who is required to hold a Commercial Drivers License (CDL) as a qual'rfication for the job they hold has that license suspended, revoked or cancelled, and to establish uniformity in addressing such a situation. This memorandum will also establish a timeframe for current employees who are required to hoid a CDL but who currently do not possess such a license to fulfili the requirement. The parties agree to the foilowing items. These items apply to situations that occur after ratificafion of the 2000-2002 labor agreement, unless specificaliy stated otherwise: 1. If an employee loses driving privileges and possession of a license that is required for the empioyee's job, the responsibility for regaining the license is the empioyee's and not the DistricYs. 2. It is the employee's responsibility to immediately notify their supervisor in writing of the loss of driving privileges. If an employee fails to notify their supenrisor, they will be subject to disciplinary action. If an employee drives a School Disirict vehicle without a valid driver's license, they wili be subject to immediate termination from School District employment. � 3. The employee must, at the empioyee's expense and on personal time, resolve the issue with the District Court or Department of Public Safety. � 4. When an employee loses his/her license for the first time as a schooi district empioyee, the School District, upon being made aware of the loss of an empioyee's license, shaii provide the empioyee with a work assignment that does not require a license for a period not to exceed ninety (90) calendar days. The ninety (90) calendar day period shall begin as of the date on which the State cancels, suspends or revokes the employee's license. If, after the nineTy (90) calendar days, the employee has not regained possession of a valid drive�'s license that meets the minimum requirements of the position the employee hoids, the employee wili be granted a leave without pay for a period not to exceed eighteen (18) calendar months. If the employee is unable to regain possession of a valid, required iicense by the end of the leave, the emp(oyee wifi be terminated from employmenf. 5. When an emplo es his/her license for the second time as a school district em lo yee los p yee, regardless of the date the first loss of license occurred, the School District, upon being made aware of the loss of an employee's license, shall grant the employee a leave of absence without pay for a period not to exceed two (2) calendar years. If the employee is unable to regain possession of a valid, required license by the end of two (2) calendar years, the employee wiil be terminated from empioyment. 6. If an employee Ioses and regains his/her license while on lay off and no accommodation is made, that loss of license wili not count in regard to Number 4 or Number 5 above. 7. Extensions of leaves of absence may only be granted at the discretion of the School District for reasons beyond the empioyee's control. The reasons shail be Iimited to deiays caused by State administrative procedures or the court system. u 26 �l-37� � � u 8. Voluntary reduction to a posftion in a lower class'rfication with minimum quai'rfications not requiring a driver's license is at managemenYs discretion; however, any accommodaGon provided shail not cause the displacement of another employee, regardiess of seniority. 9. Empioyees hired prior to ratification of the 2000-2002 labor agreement who hold a position requiring a Commercial Drivers License and who lost or failed to renew their Commercial Drivers License must gaiNrenew their license by November 1, 2002, or iheir employment wfth the School District wili be terminated from employment Duration This Memorandum of Agreement shall be effective upon signing, and shall remain in effect for the duration of this agreement; it is subject to renewal, termination or amendment by the parties. INDEPENDENT SCHOOL DISTRICT NO. 625 SAINT PAUL PUBLIC SCHOOLS �� Chair, Bo of Educa ion THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 �� Business Representative, Local No. 49 �(/_�� J� Negot' ionslL�or Relations Manager Business anager, Local No. 49 Lto�c� c<� �,�� Negotiations/L r Relations Assistant Manager Business Representative, Locai No. 120 l—� Date _�� (�' Business M iager, Local No. 132 `O� - �� — n� Date 27 A Adoption Leave ............................................8 B Breaks.........................................................4 C Call -In Pay ...................................................4 D Discipiine Procedures ................................16 F Fair Share Fee .............................................2 Flexible Spending Account ........................11 G Grievance Procedure .................................17 H Ho I idays ....................................................... 6 Hours........................................................... 4 / Insurance ...................................................10 J Jury Duty .....................................................9 L Life Insurance ............................................11 Loss of Drivers License .............................26 INDEX O Overtime ......................................................4 P ParentaUMatemity Leave .............................9 Retirement Benefits ...................................12 S Safety .............°-° °-....................-----°-.......---3 Safety Shoes ...............................................3 Seniority .........................�---�--.......................5 Severance ..................................................15 Sick Leave ..........................•------........-------... Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation............8 Spouse/Dependent Parent Leave ...............8 Strikes -------°--°--° ...................°°° U Union Dues ..................................................2 V Vacation..................... �--...............................7 W Wages ............................................10, 21, 22 Workday ..........................................�--..........4 � • 28 •