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01-380Council File # Ol-38o Green Sheet # 106832 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1999 through June 30, 2001 Employment Agreement between the Independent School Dstrict No. 625, Saint Paul Public Schools, and Minnesota Teamsters Loca1 No. 320 Representing Food Service Personnel. Requested by Depamnent of: !F3'� Form � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary By: ` � � .. � -. . � �. - .i/ �� ' i ,. y�. / . ii � �. � �. , Adopted by CouncIl: Date � C �,� �5__�� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 106832 LABOR RELATIONS Apri19, 2001 0, _�� CONTACI' PERSON & PHONE: � All pTE INITIqI,�ppTE JLTLIE KRAUS 266-6513 p�IGN i DEPARTMENf DIR. � 4 CITY COUNCIL NUMgER 2 CITY ATTORNEY C17Y CLERK MUS! BE ON COi1NCIL AGE!VDA BY (DATE) F�R BULXiET D1R FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAT[ONS FOR SIGNAT'URE) ncnox �QVESren: This resolution approves the attached July 1, 1999 Uuough June 30, 2001 Employment Agreement between Independent School District No. 625, Saiut Paul Public Schools, and Minnesota Teamsters I,ocal 320 representing Food Service Personnel. RECOMMENDATIONS: Approve (A) or Rejec[ (R) pERSONAL SERVICE CONTRACI'S MUST ANSWER 1'HE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CI VIL SERVICE COMMISSION I. Has itiis persoNfirm ever worked wder a contraa for this departrnent? CIB COMIvfITTEE Yes No STAFF 2. Has This person/firtn ever been a ciry employee? _DISTRiCT COLJF2T Yes No SUPPORTS WHICH COiJNCIL OBJEC'fl VE? 3. Dces this person/fum possess a skiil not nomiatly possessed by any current ciry employee� Yes No Exptain all yes answers oo separate sheet and attac6 to green sheet INITIATIIVG PROBLEM, [SSUE, OPPORTONITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED. This Agreement pertaans to Boazd of Education employees only. ��°-� �`°�'�°�=" �o�� F�� _ . . . �� . °� �� DISADVANTACESIFAPPROVED. DISADVANTAGES IF NOT APPROVED: TOTAL AMOi7N7' OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY MIMBER: FINANCL4L INFORMATION: (EXPLAII� INDEPENDENT SCHOOL DISTRICT NO. 625 01 �3t'� BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: January 25, 2000 TOPIC: Approval of Employment Agreement Between Independent Schooi District No. 625, Saint Paul Public Schools, and Minnesota Teamsters Local No. 320 Representing Food Service Employees A. PERTINENT FACTS: 'I ) New Agreement is for a two-year period from Juiy 1, 1999 through June 30, 2001. 2) Contract changes are as follows: insurance: Effective January 2000, the district contribution for single coverage is increased to $200; family coverage is increased to $350; effective January 2001, the district contribution for single coverage is increased to $215, family coverage is increased to $390. Waaes: Effective July 1, 1999, the salary schedule rates are increased by 3%. A one-year step was added to the Food Service Assistant and Food Service Helper schedules. The pay for Level 3 food manager certification was increased by $.10 to $.35. Food Service Assistants will receive an additional $.35 per hour responsibility pay when assigned to fill in for a supervisor. Retirees who return to work as temporary food service assistants will be paid on Step 1 of the Food Service Assistant schedule. Effective July 1, 2000, the salary schedule rates are increased by 3%. Comnarable Worth Adiustment: There is an additional salary schedule adjustment of .5% effective July 1, 1999, and .25% effective July 1, 2001 toward ongoing implementation of the districYs pay equity plan. Holidavs: Employees who work in 12-month positions will receive holiday pay for Christmas Day, New Year's Day and the Fourth of July. Employees who work summer school will be paid for the Fourth of July, beginning in summer 2000. Sick Leave and Personal Leave: Food Service Assistants and Food Service Helpers will begin accruing sick leave aRer one year of service. Employees may use up to two sick leave days per school year as personal leave. 3) The District has ihree hundred ninely (390) regular employees in this bargaining unit. 4) This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources and Labor Refations; and William A. Larson, Deputy Superintendent. 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 food service employees in this school district for whom the Minnesota Teamsters Local No. 320 is the exclusive representative; duration of said Agreement is for the period of July 1, 1999 through June 30, 2001. ��' � r I � 1999 - 2001 AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools � and MINNESOTA TEAMSTERS LOCAL NO. 320 Representing Food Service Personnel July 1, 1999 through June 30, 2001 � �u ��%�: �� i��`� �,�_ �� :! �i. �' Saint Pau/ Public Schools L 1 F E L O N G L E A R N 1 N G � � � � � � �� „ � � �� ., , ,�F �.. am9o i.� , r i.F. ��,��. I I��.iS�a N°ri � r� ��,. �luwme,aii.�ism� , ri IH., ��ar.r�� i " ,�i� � u., , _ � ,. �. .' .,." , � � �� e� a � � �' „ � . : . � . ' ' �, , . ' . � � � � � � , � , , �. 1 � , ' ' . , � ' I�� , . 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I.A', it;il.�,'�I � ��I.i�,.��o��'9Jd� Un�i++�id �.I;h;.i� .i. �i , �oo , � , . � ��. „ ,�� . � ► � i ARTICLE NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT CONTENTS PAGE Article 1. Definition of Agreement .............................................................................................i Article2. Recognition ................................................................................................................1 Article 3. Check Off, Fair Share ................................................................................................2 ARicle 4. Maintenance of Standards .........................................................................................2 Article 5. Non-Discrimination, Affirmative Action ......................................................................2 ' Articie 6. Holidays .....................................................................................................................3 Article Sick Leave .................................................................................................................3 Ar[icle8. Hours .........................................................................................................................4 Article9. Vacations ...................................................................................................................5 Articie10. Breaks ........................................................................................................................5 Article 11. Civil Service Examinations and Probation .................................................................6 Article 12. Seniority, Layoff and Recali ......................................................................................7 Article 13. Insurance Benefits .....................................................................................................8 Article 14. Working Conditions .................................................................................................11 • Article 15. Severance ................................................................................................................13 Article Court Duty ................................................................................................................13 Article 17. Discipline and Discharge .........................................................................................14 Article 18. Grievance Procedure ...............................................................................................14 Article19. Leaves .....................................................................................................................16 Article Uniforms ..................................................................................................................18 Article21. W ages .....................................................................................................................19 Articie 22. Duration of Agreement .............................................................................................20 Appendix Wages ....................................................................................................................21 � Memorandum of Understanding: Summer School Selection ........................................................23 Index ... ............................................................................................................................................ 24 • � 0�-38� ARTICLE 1. DEFfNITION OF AGREEMENT • SECTION 1. PARTIES. This Agreement is entered into between the Board of Education, Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Soard of Education, and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 (certified in Case No. 81-PR-268-A on December 5, 1980, by the Director of Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Locai No. 320, pursuant to and in compliance with the Pubiic Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. SECTION 2. PURPOSE. The purpose of this Agreement is to promote orderiy and constructive relationships between the Board of Education, the employees of this unit, and Locai No. 320. ARTICLE 2. RECOGNITION SECTION 1. The Board of Education recognizes Local No. 320 as the certified exclusive representative for the following unit: All food service personnei in the titles contained in this Agreement who are employed by independent School District No. 625 and who are public empioyees as defined by PELRA. � SECTION 2. The Board of Education agrees that so long as Local No. 320 is the exclusive representative in accordance with ihe provisions of PEtRA, and as certified by the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section t of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and co�ditions of empioyment for this unit. i ARTICLE 3. CHECK O�F, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments • and once each month dues from the pay of those employees who individualiy request in writing that such deductions be made, The amounts to be deducted shali be certified to the Employer by a representative of the Union and the aggregate deductions of all empioyees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. Any present or future employee who is not a Union member shali be required to contribute a fair share fee for services rendered by the tlnion. Upon notification by the Union, the Employer shall check off said fee from the earnings of the empioyee and transmit the same to the Union. In no instance shall the required contribution exceed 85 percent of the Union membership dues amount. This provision sfiatl remain operative onfy so long as specificaily provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85 percent of regular membership dues, the fuli amount permitted by law may be assessed by the Union. SECTION 3. The Union wiil indemnify, defend, and hold the Schoo( District harmless against any claims made and against any suits insiituYed, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MAINTENANCE OF STANDARDS SECTION 1. The Employer agrees thai at! conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution tVo. 3250) at the time of signing of this Agreement, and the conditions of employment shali 6e improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTiCLE 5. NON-DISCRIMiNATION, AFFtRMATiVE ACTtON SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or non-membership, or because of race, color, sex, religion, national origin or political opinion or affiliations. SECTION 2. AF�IRMATIVE ACTION. None of the provisions of this Agreement shall be interpreted or implemented so as to be in contlict with or cause violation of the Districi's Affirmative Action Program as adopted bythe Board.' `Effeciive March 22, t984 � � o�- 38� ARTiCLE 6. HOLIDAYS • SECTION t. Regular or provisional employees working under the titles covered by this Labor Agreement, sha�l be eligible for six (6) holidays with pay (Labor Day, Thanksgiving Day, Friday following Thanksgiving, Martin Luther King Day, Presidents' Day, and Memorial Day), and in accordance with the following rules. Effective with the 1999-00 school year, employees who work in twelve (12)-month positions will receive hoiiday pay for Christmas Day, New Year's Day and the Fourth of July. Effective with the Year 2000 summer schooi, employees who work summer school will be paid for the Fourth of July. To be eligibie for holiday pay, employees must have been compensated for all scheduled hours of their last scheduled workday before the holiday and for their first scheduled workday following the holiday. if an employee is late by less than thirty (30) minutes on the scheduled work day before or the scheduled work day after the holiday, they will receive holiday pay. If one of the above listed holidays fafis on a day when school is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday, Ali employees will be expected to work on all days when school is in session, except when on approved teave. Hofiday pay will be paid on the basis of the employee's regulariy-scheduled number of hours in the workday. � ARTICLE 7. SICK LEAVE SECTION 1 ELIGIBILITY Subd. 1. Sick leave shall be provided for ihe 8aker, Food Service Supervisor 1, Food Service Supervisor 2, and Food Service Supervisor 3 ctassifications. Subd. 2. Sick Leave for Food Service Assistants 2.1 Food Service Assistants who work a minimum of eight (8) hours per day shali begin accruing sick leave upon completion of one (1) year of empioyment. 22 Food Service Assistants and Food Service Helpers who have been employed as reguiarly-certified or provisional Civil Service employees in the ciassification of Food Service Assistant or Food Service Helper for at ieast two (2) years and who have been regu{arly assigned three (3) hours or more per workday for the three (3) preceding months shall begin accruing sick leave. 22.1 Effective January 1, 2000, Food Service Assistants and Food Service Helpers who have been employed as regularly-certified or provisional Civil Service employees in the classification of Food Service Assistant or Food Service Helper for at least one (1) year and who have been regularly assigned three (3) hours or more per workday for the three (3) preceding months shal� begin accruing sick leave. SECTION 2. ACCRUAL. Eligible employees shall accrue sick leave at the rate of .0576 per • hour for each ful� hour paid, excluding overtime. In no case shall leave with pay be granted in anticipation of any future accumufation. ARTICLE 7. SICK LEAVE (continued) SECTION 3. REPORTING. All empbyees shall report sick leave as required in the Food • Service Procedure Manual. SECTION 4, Sick leave may be used for any of the following reasons: 1. Sickness or injury of the empioyee or employee's dependent children; 2. Death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, fafher-in-Iaw, grandparent or other person who is a member of the household; 3. Time necessary for off'�ce visits to physicians, dentisis or other health care personnei; or 4. In the case of sudden sickness or disability of a household member, up to four (4) hours for any one (1) instance; or 5. Effective January 1, 2000, employees may use up to two (2) sick days per school year for personal leave. Personal leave may be taken for any reason. If personal leave is used for non-emergency reasons, the empioyee must submit a request to the immediate supervisor ten {10) working days in advance of use. Approval of personal leave is subject to approval and the ability of the employer to cover work responsibilities. SECTION 5 . SICK LEAVE CONVERSION Accumulated sick leave in excess of one hundred eighty (180) days may be converted to vacation at the rate of two (2) days sick leave for one (1)-day vacation up to a maximum of five (5) days vacation time. Vacation is to be paid on the basis of regulariy scheduted hours per day. ARTICLE 8. HOURS � SECTION 1. This Section is intended to only define the normal hours of work and to provide the basis for the calculation of overtime pay. Notfiing herein sha(i be construed as a guarantee of hours of work per day or per week. SECTION 2. Overtime is to be paid at the rate of time and one-half {1-1/2) for all hours worked in excess of forty (40) hours per week. Overtime compensation due the employee shall be paid at the rafe herein cited or by graniing compensatory time on a time and one-half (1-1/2) basis if mutually agreed to by the District and the employee. • 0�-38� • ARTICLE 9. VACATIONS SECTION 1. Employees who are assigned to the District Administration Complex on a twelve (12)-month, full-time basis are eligible for vacation. Vacation credits shall accumulata at the rates shown below for each full hour on the payroll, excluding overtime: Years of Service 1st yearthrough 5th year 6th year through 15th year 16th year through 25th year 26th year and thereafter Hours of Vacation .0385 (80 hours) .0576 (120 hours) .0808 (168 hours) .0841 (175 hours) Calculations shall be rounded off to the nearest hour. Estimated hours shown above are based on a 2,080-hour work year. C � � SECTION 2. An employee may carry over one hundred twenty (120) hours of vacation into the following "vacation year." SECTION 3. For the purpose of this Article, the "vacation year' shall be January 1 through December 31. SECTION 4. The scheduling of vacation is subject to approval of the employee's supervisor. ARTICLE 10. BREAKS SECTION 1. All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. SECTION 2 . Breaks beside funch should be as follows: Hours worked oer dav Four (4) or more hours, but less than eight (8) hours Eight (8) or more hours Break Time One 15-minute break Two 15-minute breaks 5 ARTICLE 11. CIVIL SERVICE EXAMINATIONS AND PROBATION SECTION 1. CIVIL SERVICE EXAMINATIONS. Notice of Civil Service (Personnel) E�caminations for positions in the food production and service functions shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination, subject to the timely receipt of information. SECTION 2. PROBATION. The probationary period shail be iwelve (12) consecutive months from the date of appointment for positions in the titles Food Service Assistant and Food Service Helper. The probationary period, whether original or promotional appointment, for all other titles covered by this Agreement shall be six (6) consecutive calendar months from the date of appointment excluding holidays, school breaks, and leaves of absence. Extended absences of any kind lasting one {1) month or more in duration shall not be credited when caiculating time towards the completion of either the original or promotional probationary period. If the employee's service is found unsatisfactory by the Director of Food Service during the period of original appointment probation, the probationary employee may be discharged at the discretion of the Director of Food Service, prior to the end of the original probationary period. If the employee's service is found unsatisfactory by the Director of Food Service during the period of promotional appointment probation, the probationary employee shall be reinstated, at the discretion of the Director of Food Service, to his/her former position or to a position to which he/she might have been transferred or assigned prior to the promotion, prior to the end of the promotional probationary period. Discharge or reinstatement to a lower level position during or at the conciusion of the probationary period stated in this Section 2 is not grievable under Article 5, nor is it subject to other appeai. • � J • C1 B6 � . ARTICLE 12. SENIORITY, LAYOFF AND RECALL (Effective January 1, 1993) SECTION 1. SENIORITY Subd. 1. Seniority, for the purpose of this Article, shall be defined as follows: DISTRICT-WfDE SENIORITY is the fength of continuous, regular, and probationary service with the Employer from the date an employee was first certified and appointed to any class title covered by this Agreement, it being further understood that district-wide seniority is confined to the current class assignment held by an employee. In cases where two {2) or more employees are appointed to the same class title on the same date, the district-wide seniority shall be determined by the employee's rank on the eligible list from which the certification was made. BUILDING SENIORITY is the length of continuous, reguiar and probationary service with the Employer from the date an employee's first day of work at one specitic school district facility in a certified and appointed position in a class title covered by this Agreement, it being further understood that building seniority is confined to the current class assignment held by an employee. In the event an empioyee requests voluntary transfer and is then transferred from one location to another, the employee shall begin to accrue building seniority at the new location based on the date of assignment to the new location. In the event an employee is involuntarily transferred from one location to another (or iaid off and recailed to a different location), the employee shafl carry forward to the new assignment the seniority date held prior to the transfer. � In cases where two or more employees are assigned to the same location in the same class title on the same date, the employee with the greater district-wide seniority shaii be determined to have greater buiiding seniority. Subd. 2. Seniority shall terminate when an employee retires, resigns or is discharged. SECTION 2. LAYOFF Subd. 1. In the event it is determined by the Employer that it is necessary to reduce the workfiorce, employees will be laid off by class title based on inverse length of buildinq senioritv in that class titie. Subd. 2. Two (2) weeks of notice shall be-given to any empioyee laid off. SECTION 3. RECALL. Recall from layoff shaii be in order of greatest district-wide seniority, except that recall rights shall expire after sixteen (16) months of fayoff. Any employee is eiigible for recail to any position in his/her title at any focation, so long as the work hours do not exceed the employee's regularly scheduled hours prior to the Iayoff. A�y employee who refuses an offer of recail at any location shall forfeit all further rights to recalf. It is understood that a recalled empfoyee wiii pick up his/her former seniority dates in any class of positions covered by this Agreement and previously held. � ARTICLE 13. INSURANCE BENEFITS SECTION 1. ACTIVE EMPLOYEE INSURANCE Subd. 4. Active Emolovee Health Insurance. Health and Welfare benefits shall be provided in the form of premium contributions for eligible employees under the plan offered by Independent School Districl No. 625 for Civil Service personnel. Employees selecting a plan offered by a Health Maintenance Organization agree to accept any changes in benefits which the Health Maintenance Organization implements. Subd. 2. Eliaible emplovees. Employees who become eligible for medical and life coverage, shall be considered fuil-time if regularly assigned six (6) or more hours per day, and half-time if regularly assigned four (4) to six (6) hours per day. 2.1 For eligibie half-time employees who elect medical and Iife coverage, the Empioyer wilf contribute one half (112) of the amount available for fuli-time empioyees electing such coverage. 2.2 One (1) fuli month of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the DistricYs contribution of premium cost for insurance provided herein. Subd. 3 Active Emolovee Medical Insurance Emolover Contribution • 3.1 The Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $190 per month for each full-time employee who is eligible and elects such coverage; or up to $330 per month for each full-time employee who is eligible and • elects such coverage. 3.2 Effective Januarv 1. 2000, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $200 per month for each full-time employee who is eligible and elects emptoyee coverage or up to $350 per month for each full-time employee who is eligible and elects family coverage. 3.3 Effective Januarv 1. 2001, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $215 per month for each full-time emptoyee who is eligible and elects employee coverage or up to $390 per month for each full-time empfoyee who is eligible and elects farnily coverage. , Subd. 4. Active Emolovee Life Insurance. The Employer agrees to contribute to the cost for $25,000 of life insurance coverage up to $5.10 per month for each employee who is eligibfe for such coverage. 4.1 The amount of iife insurance specified in Subd. 4 shalt be reduced to $5,000 coverage upon early retirement and shall conti�ue until the early retiree reaches age siuty-five (65), at which time all Employervpaid life insurance shall be terminated. Subd. 5. Pavroll Deductions. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. Subd. 6. Flexible S endin9 Account. It is the intent of the Empioyer to m8intain during the term of this Agreement a plan for medical and child care expense accounts to be available to active employees in this bargaining unit who are eligible for Employer paid � premium contributions for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. O!- 3 fsD • � ARTfCLE 13. INSURANCE BENEFITS (continued) SECTfON 2 RETIREMENT HEALTH INSURANCE Subd. 1. Benefit Eliaibilitv for Emolovees who Retire Before Aqe Sixtv-Five (651 1.1 Emolovees hired into District service before Januarv 1 1996, must have completed the following service eligibility requiremenis with Independent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Pau� Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with independent School District No. 625; B. C. D. E. i�% 1.3 Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service; or Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requ+rement of this Subdivision 1.1 B, C or D, but not Eor 1.1 E. Emolovees hired into Districi service after January 1. 1996 must have completed twenty (20) years ot service with {ndependent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. Eligibility requirements for all retirees: A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District ISo. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent Schoof District No. 625 heaith insurance program, or in any other Employer-paid health insurance program. L� C. Additional dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. The employee must make appfication through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � ARTICLE 13. INSURANCE BENEFITS, Section 2(continued) Subd. 2. Emnlover Contribution Levels for Emolovees Retirinq Before Aqe Sixtv-Five (65) 2.1 Health Insurance Employer Confribution 22 Subd. 3. The District wiil for the period of this Agreement provide employees who meet the eligibility requiremenis for health insurance in 1.9 or 1.2 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same doliar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment !n fhe event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shall conslitute the limit on future contributions. Any employee who is receiving famiiy coverage premium contribution at date of retirement may not later ciaim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. Life Insurance Employer Contribution The District will provide tor eariy retirees who qualify urrder the conditions of 1.i or 12 above, premium contributions for eligible retirees for $5,000 of life insurance only until their sixty-fith (65th) birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixry-five (65) or over. Benefit Eiioibilitv for Emplovees After Aae Sixty-Five (65) 3.1 EmpJoyees hired info the Disirict before Januarv 1 1996 who retired betore age sixty-live (65) and are receiving benefits per Subd. 2 above are eligible, upon reaching age sixty five (65), for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Emolovees hired into the District before Januarv 1 1996, who retire at age 65 or older must have completed ihe service eligibiiity requirements in Subd. 1 to receive District contributions toward post-age-65 healih insurance premiums. 3.3 Emplovees hired on or after Januarv 1 1996, shail not have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement ai age-sixty-five (&5) and over in Subd..4. Employeeg.,hired o,n or after January 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation matcfi in Subd. S. Subd. 4. Emplover Contribution Levels for Emolovees After Aae Sixtv-Five (651 4.1 Emolovees hired into the Disirict beiore Januarv i 1996, who meet the efigibility requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy wili not exceed: Coveraae Twe Medicare Eligible Non-Medicare Eligible Sinale Familv $300 per month $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. 10 • � • o�-3s� ARTICLE 13. INSURANCE BENEF�TS, Section 2(continued) • Subd. 5. Em�lovees hired after Januarv 1. 1996, after compietion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an Employer-matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more wiil be eligible for up to one half (50 percent) ot the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. ARTICLE 14. WORKING CONDITIONS SECTION 1. EMERGENCY CLOSINGS AND CALL IN • Subd. 1. If it becomes necessary or desirable to close a school as a resuit of an emergency, the effort shail be made to notify employees not to come to work. Employees not notified who report for work shall be granted two (2) hours' pay at their regular rate. Subd. 2. An employee who is expected to come to work on a regular workday, or who is called in to work at another time, shall receive a minimum of two (2) hours straight time pay for the work. SECTION 2. WORKSHOPS. Employees in the Food Service program ordered by the Food Service Director to attend Food Service workshops shall be reimbursed for the tuition of the workshop and the normal hourly rate for the time spent in the workshop. SECTION 3. MILEAGE. When an employee is required and authorized by the proper supervisor to use his or her personal vehicle in the interest of the Employer (i.e., trips to the bank, grocery store, etc.) mileage reimbursement will be paid at the current School District rate, and by the approval of the Food Service Director. SECTION 4. WORKING OUT OF CLASSIFICATION. Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the fuli-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purposes of this Article, the rate of pay Sor an out-ot-class assignment shaN be the same rate the employee wouid receive if he/she were promoted to the higher classification. � 11 ARTICLE 14. WORKING CONDITIONS (continued) SECTION 5 ADDITION OF REGULARLY SCHEDULED WORK HOURS Whenever � regularly-scheduled hours are added to an existing Food Service Assistant and Food Service Helper positions, the Food Service Assistant or Food Service Helper with the greatest building seniority regularly employed in that kitchen or facility wili be first offered the additional work hours, if that Food Service Assistant or Food Service Helper is listed for such consideration. Subd. 1. To be listed for additional hours consideration, a Food Service Assistant or Food Service Heiper must indicate in writing, at the start of the school year, to the Director of Food Service or to the designated immediate supervisor, the intention to be available for such additionat work time, Subd. 2. If a listed Food Service Assistant or Food Service Helper refuses additional regulariy- scheduled wark time, the Director of Food Service or designated immediate supervisor may remove that employee's name from the listing. Subd. 3. A reduction in reguiarly-scheduled hours to a position covered by this Agreement shall not be considered a layo#f, and is not subject to the provisions of Article S, Layoff and Recall. SECTION 6. REQUESTS FOR CHANGE OF LOCATION. Employees who wish to be considered for reassignment to another location should submit a written request to the office of Director of Food Service by April 1 of any year. The request should specify the location or area the employee preters. SECTION 7 FOOD MANAGER'S FOOD SAFETY CERTIFICATION �ood Service Supervisor 1 or 2. The District may determine that it is necessary to have Food • Service Supervisor 1 or 2 titles covered by this Agreement maintain the Saint Paul Manager's Certification (or a State of Minnesota Certification if reg�lation changes) as a requirement for holding these positions. The test or tests for the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes} will be taken on employee's time. Food Service Supervisor 3. The parties recognize and acknowledge that the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes) is a requirement for holding a position in the Senior High Food Service Supervisor and Food Service Supervisor 3 title covered by this Agreement, and will be a requirement prospectively for new appointees as weil. The test or tests for the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes) will be taken on employee's own time. • 12 d/-3�o ARTICLE 15. SEVERANCE � Subd. 1. The Employer shall provide a severance pay program as set forth in this Article. Subd. 2. Payment of severance pay shall be made within the tax year of the retirement as described in Business Office Rules. 7o be eligible for the severance pay program, the employee must meet the following requirements: 2.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). 22 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not eligible for this severance pay program. 2.3 The employee must have at least twenty (20) calendar years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this twenty (20)-year service requirement. 2.4 The employee must have accumulated a minimum of four hundred eighty (480) hours of sick leave credits at the time of separation of service. Subd.3. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one- • half (1/2) of the houriy rate of pay for the position heid by the employee on the date of separation for each hour of accrued sick leave, subject to the maximum amount of severance in Subd. 4 of this Article. Subd. 4. The maximum amount of money that any employee may obtain through this severance pay program is $4,000. Subd. 5. For the purpose of this severance pay program, the death of an employee shali be considered as separation of empfoyment and, if the employee wouid have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. Subd. 6. For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. ARTICLE 16. COURT DUTY SECTION 1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shaff be paid to the Empioyer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in � court as a juror or witness. 13 ARTICLE 17. DISCIPLINE AND DISCHARC�E SECTION 1. just cause. SECTION 2. ��) �2) (3) (4} (5) The Employer shali have the right to impose disciplinary actions on employees for Disciplinary aciions by the Employer shal! include only the following actions: Oral reprimand; Written reprimand; Suspension; Demotion; Discharge. L J SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the provisions of Article 5, Grievance Procedure of this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute. SECTION 4. PRELIMINARY REVIEW. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor wiil make a recommendation to his/her supervisor regarding proposed discipline. The supervisor will then schedule a meeting with the empioyee prior to making a finai determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. if the employee is unable to meet with the supervisor, the employee and/or union wili be given the opportunity to respond in writing. ARTICLE 18. GRIEVANCE PROCEDURE SECTION 1. This grievance procedure is established to resolve any specific dispute between the empioyee and the School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided, however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms ofi fhe Agreement. ° ° SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Empioyer shall not use the above limitation to hamper the processing of grievances. • • 14 �/-3�0 � ARTtCLE 18. GRIEVANCE PROCEDURE (continued) SECTION 4. A grievance shall be resolved in the following manner: Subd. 1. (Step 1) Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of ihis Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is fater, discuss the complaint orally with the representative designated by the Director of Food Service. The representalive of Director of Food Service shall attempt to adjust the complaint at that time. Subd. 2. (Step 2) A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement aliegedly violated, the remedy requested, and shali be appealed to Step 2 by the empfoyee within fifteen (15) working days after the Employer-designated representative's final answer in Step 1. Any grievance noi appealed in writing to Step 2 by the employee within fifteen (15) working days sha11 be considered waived. If appealed, the written grievance shall be presented 6y the employee and the Union and discussed with the Director of School Food Service (or representative designated by the Superintendent). The Director of School Food Service shall give the Union the Employer's Step 2 answer in writing within ten (10) working days following the presentation. Any grievance not appealed in writing to Step 3 by the employee and the Union within ten (10) working days after receipt ot the Employer's reply shall be considered waived. Subd. 3. (Step 3) If appealed, the written grievance sfiall be presented by the Union and discussed at an informal meeting within ten (70) working days of receipt of the written grievance, with the Superintendent of Schools or his/her representative. The Employer-designated . representative shall give the Union the Employer's answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Step 3 may be appeaied in writing to Step 4 by the Union wfthin ten (1 D) working days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) working days shall be considered waived. Subd. 4. (Step 4) A grievance unresolved in Step 3 and appeaied to Step 4 by the Union shali be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. if a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services, if the Union so requests within the specified ten (10) days. . SECTION 5. The arbitrator shal� have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modffying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days foiiowing the ciose of the hearing or the submission of briefs 6y the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shafl 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. 15 ARTICLE 18. GRIEVANCE PROCEDURE, Section 5(continued) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the � Employer and the Union, provided thai each party shall be resportsible for compensating its own witnesses. !f eiYher parry desires a verbatim record ot the proceedings, it may cause such a record to be made, providing it pays for the record. )f both parties desire a verbatim record of the proceedings, the cost shall be shared equaily. If a grievance is not presented within the lime limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, if shall be considered settied on the basis of the Employer's Iast answer. (f fhe Employer does not answer a grievance or an appeai thereof within the spec'rfied time limits, the Union may elect to process ihe grievance to the next step. The time limit in each step may be extended by mutual wri#en agreement ot the Employer and the Union in each step. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under any other procedure. it is further understood that if a specific matter is determined by some other procedure, it shall not again be submitted for review and arbitration under the procedures set forth in this Articie. ARTICLE 19. LEAVES SECTION 1. APPLYING FOR LEAVES. Applications for leaves must be submitted in writing to the Director of Food Service at least forry-five (45) calendar days prior to the proposed start of the • leave without pay and shall inciude the proposed period of the leave and purpose for the leave. The Director of Food Service wili repiy to leave requests within fifteen (15j working days after they are received in the Food Service Oi�ice. SECTION 2. SHORT-TERM LEAVES WITHOUT PAY, Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. � 16 �/- 380 ARTICLE 19. LEAVES (continued) • SECTION 3. LONG-TERM LEAVES WITHOUT PAY. Leaves of absence may be requested and are subject to approval of the Director of Food Services. A list of typical leaves is provided below. This list does not cover all possible reasons. • Physical or mental incapacity of the employee to perform their work efficiently, where the granting of a leave will permit the employee to receive treatment enabling them to return to School District service; • E4ection or appointment of a fufl-time, paid positio� in an organization or union whose members consist Iargeiy or exclusively of employees of the School District. • Education or training relating to the employee's regular duties or to prepare the employee for advancement; • Election of the employee to a School District or City of St. Pauf position; • Appointment of the employee to an unclassified School District or City of St. Paul position; • Disability or injury received in the pertormance of duty not due to the negligence of the employee for the period ot the employee is receiving compensation payments from the School District for temporary partial disability or temporary tota� disability; • Parental leave upon the request of the employee. Subd. 1. For a leave of six (6) months or longer, the employee must provide written notification to the Director oi Food Services, indicating hisJher specific inient to conclude the leave and be available to return to active service as of the termination date specified in the leave. This written notification must be received by the Director of Food Services no later than two (2j months prior to � the originally-scheduled date of the leave termination. Su6d. 2. Employees returni�g from leave will be placed in the next available vacancy in iheir job title. Subd. 3. Employees who return to service under the provisions of this Section wil� retain their former seniority. SECTION 4. MILITARY LEAVE. Pursuant to and within the limits of the requirements of Minnesota Statute § 192.26, employees shall be granted military leave for up to fifteen (15) days in any calendar year for required military service. SECTION 5. FAMILY MEDICAL LEAVES. Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. � 17 ARTICLE 20. UNIFORMS SECTION 1. Subd. 1. The Employer will provide three (3) uniform pieces to each employee per school year. Selection and composition of uniforms is the Employer's option. 1.1 Employees who work in the District Kitchen will be provided five (5) uniform pieces per schoo! year. Subd. 2. The Employer will provide five (5) uniform pieces at start-up for new employees. Subd. 3. A uniform piece for the purpose of this Article shall be defined as any one of the following items as designated by the Food Service Director for that iocation: 1) shirt/tops; 2) slacks/pants; 3) aprons. Employees will have the flexibility to select any combination of uniform pieces each school year, so long as the uniform pieces selected are part of the approved uniform for that location. SECTION 2. An employee who has received uniforms and then terminates employment for any reason after less than six (6) futl months of active employment, is obligated to retum the uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs will be deducted from the final paycheck of the terminating employee. � C � � 18 �!- 38�0 • ARTICLE 21. WAGES SECTION 1. The pay rates shall be those described in Appendix A. SECTION 2. Subd. 1 Initial Placement on the Salarv Schedule When an employee is originally hired or moves from another unit into a title covered by this agreement or moves from one title covered by this agreement to a different title under this agreement, initial step placement wilt be conducted as described by Civil Service Rules, unless the labor agreement contains a provision describing an alternative action. The labor agreement supersedes these provisions of Civil Service Rules. A newly hired person regularly appointed in the Food Service Assistant or Food Service Helper classifications will normafly start at the base rate. A newly hired person regularly appointed in other titles covered by this agreement will typically staR at the Base Rate for that title. A person appointed on a temporary basis normaily will be paid at the temporary rate. The only exception is for retirees returning to work as temporary employees as described in Appendix A, Wage Schedule Conditions. Subd. 2 Steo Placement on the Salarv Schedule for a Promotion � The Human Resource Department wiil determine the step placement for a promotion from one title in tfie District to a title covered by this Agreement. The step pfacement wiil be determined by multiplying the hourly rate of pay the person was receiving prior to the promotion by 1.05 (a 5% increase). The person will be placed in the new title following promotion at the first salary step that is equal to or greater than the rate calculated when multiplying the previous rate by 1.05. For example, is the person was making $10/hr before the promotion, the Human Resource Department would multiply $10/hr x 1.05 =$10.50/hr. Then the person would be placed on the step in the new title that was closest to but not less than $10.50/hr. � Subd. 3. Salarv Step Progression Progression through the steps of a salary range in this contract will be based on the following conditions: Employees must have received an overali rating ot "satisfactory' on their most recent performance evaluation to receive any salary step advancement. Movement to pay columns beyond the base rate will normally occur on the first pay period following the anniversary date of the appointment to the new title, providing that the employee has completed the number of years in the District required for that step. For example, an employee hired on September 10, 1997, would move to the two (2)-year step the first pay period following September 10, 1999, and then to the four (4)-year step the first pay period following September 10, 2000. SECTION 3. During the term of this Agreement the Board may at its discretion unilaterally increase the pay rates provided in Appendix A, to come into compliance with the requirements of the Minnesota Pay Equity Act. 19 ARTICLE 22. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 1999 through Ju�e 30, 2001, except as otherwise specified herein, and shalt automatically be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new Agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. FOOD SERVICE PERSONNEL AGREEMENT This Agreement is by and between Independent School District No. 625 and Minnesota Teamsters Public and Law EnforcemeM Empioyees Union Lxal No. 320, on behaB of Food Service Personnel. In full settlement of 1999-2001 negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approval and adoption by the Board of Education of Independent School District No. 625, as weli as raYrfication by the Union. INDEPENDENT SCHOOL DISTRICT NO. 625 �� ' � Chair, B d of Education � xe utive Director, u n Resources and Labor Relations , ) ti egotiations/L r Relations Assistant tvianager �� 1 �0, a�c•o �ate MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Business Age til0.�c.�,� .rkl Da e � � � • � DI - 38'0 APPENDIX A: WAGES • Food Service Assistants EFFECTIVE BASE DATE RATE July 1, 1999 $8.73 July 1, 2000 $9.01 Food Service Heloers EFFECTIVE BASE DATE RATE July 1, 1�� $7.75 1-YR. 2-YR. RATE RATE $9.53 $10.33 $9.84 $10.67 1-YR 2-YR. RATE RATE $8.47 $9.18 20� July 1, }998 $8.00 $8.74 $9.48 4-YR. 6-YR. RATE RATE $10.69 $11.04 $11.04 $11.40 4-YR. 6-YR. RATE RATE $9.49 $9.80 $9.80 $10.12 8-YR. 10-YR. RATE RATE $11.40 $11.74 $11.77 $12.12 16-YR. RATE $12.23 $12.63 Line Leader Premium A Food Service Assistant working in the District Kitchen who is assigned by the Director of Food � Service as Line Leader for a particular function will be paid a premium of forty cents ($.40) per hour over his/her regular hourly rate while performing the Line Leader duties. Line Leader assignment wiil be made or discontinued at the discretion of the Director of Food Service. Supervisor Fi11-in Pav Food Service Assistants who are designated to fill in for a supervisor when the supervisor is not at the site tor the entire day shall be paid a premium of thirty-five cents ($.35) per hour over hislher regular hourly rate of pay. This premium shall not be paid when a Food Service Assistant is receiving out-of-class pay. W aqe Scheduie Conditions - Food Service Assistant Persons working on an occasional basis in the Food Service Assistant classification as temporary, provisional, or substitute employees shall be paid at $7.0� hourly. Efiective Aoril 1, 1996. the only exception is for former employees of the Saint Paul Public School Food Service pepartment who retired with at least five (5) years of District Food Service experience, and who return on an occasional basis in the Food Service Assisiant classification as temporary or substitute employees shall be paid at the Ye�t-� Rate of the Food Service Assistant wage schedule. � Y� Persons newly employed in the Food Service Assistant or Food Service Helper classifications on a regularfy-scheduled basis, shall be paid at the Base Rate until such time as the employee shall have passed the Civil Service examination for the classification, been certified and appointed to a regularly-scheduled position. • Movement to pay columns beyond the base rate shall be based on completion of the specified number ot years of continuous regular empioyment trom the date of certification/aopointment. 21 APPENDIX A: WAGES (continued) Baker EFFECTIVE BASE 2-YR. 4-YR. DATE RATE RATE RATE July 1, 1999 $12.67 $13.38 $14.09 July 1, 2000 $13.08 $13.81 $14.55 Food Service Suoervisor t EFFECTIVE BASE 2-YR. DATE RATE RATE July 1, 1999 $11.31 $11.96 July 1, 2000 $11.68 $12.35 Food Service Suoervisor 2 EFFECTIVE BASE DATE RATE July 1, 1999 $12,28 July 1, 2000 $12.68 Food Service Suoervisor 3 EFFECTIVE BASE DATE RATE JUIy 1, 1999 $13.64 Juiy 1, 2000 $14.08 2-YR. RATE $13.04 $13.47 4-YR. RATE $12.50 $12.91 4-YR. RATE $13.70 $14.14 6-YR. RATE $14.39 $14.85 6-YR. RATE $13.04 $13.47 8-YR. 10-YR. 16-YR. RATE RATE RATE $14.73 $14.98 $15.41 $15.20 $15.47 $15.91 8-YR. 10-YR. 16-YR. RATE RATE RATE $13.37 $13.86 $14.68 $13.80 $14.31 6-YR. 8-YR. 10-YR. RATE RATE RATE $14.35 $14.78 $15.38 $14.81 $15.26 $15.88 2-YR. 4-YR. 6-Y R. 8-YR. RATE RATE RATE RATE $14.46 $15.11 $15.87 $16.30 $i4.93 $15.60 $16.38 $16.83 10-YR. RATE $17.01 $17.56 � $15.16 16-YR. RATE $16.33 $16.86 . 16-YR. RATE $17.97 $18.56 Minnesofa Professional' DeVeboment Plan For Schoot Food Service And Nutrition - Level 3 Certification Premium When a regularly (civil service) certified and appbinted employee has completed the credit hours required for Level 2 of the American School Food Service Certificztion Program for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional thirty-five cents ($.35) per hour premium over and above his/her normal biweekly rate of pay for ail hours on the payroll so long as the employee maintains a current Level 2 certification. Payment of the thirty-five cents ($.35) per hour premium shail become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed �evel 2 certification. Employees must maintain current Level 2 certification and show evidence of the renewed certification to be eligibie for continuation of the premium. • 22 �l-3�� • � � 1999-2001 MEMORANDUM OF UNDERSTANDING REGARDING SUMMER SCHOOL SELECTION FOR MINNESOTA TEAMSTERS LOCAL NO. 320 REPRESENTING FOOD SERVICE PERSONNEL This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 825, Saint Paul Pubiic Schoois, and Minnesota Teamsters Local No. 320, exclusive representative for food service employees in the Saint Paul Pubiic Schools. The purpose of this Memorandum is to estabiish a clear understanding between the parties regarding the selection of employees for the School DistricYs summer schooi program. Statement of intent and Puroose It is the intention of the Employer, during the tertn of this Memorandum of Understanding to use the foilowing criteria for selection of employees for the summer school food service program: 1) Employment date of seniority; 2) Completion of the probationary period; 3) A satisfactory last performance appraisal. It is further understood that employees who work in the District Kitchen during the reguiar school year may apply for summer work only in the District Kitchen; employees who work in the schoois may apply for summer work only in the schools. Employees whose assignment during the regular school year is split between the District Kitchen and the schools may apply for summer work in either the District Kitchen or the Schools. Empioyees in other food service groups will continue to be eligible for summer work under the provisions outlined above. All employees must adhere to sign-up times and dates as estabiished by the Director of Food Service. This Memorandum of Understanding shall be effective as of January 29, 1998, and shall expire on June 30, 2001, INDEPENDENT SCHOOL DISTRICT NO. 625 'E74 �ll Chair, B d f Ed ation � xec tive Director, Hu � Resources and L,abor Rela ons . 4�.1i>� Negotiation abor Relations Assistant Manager J'J'�� o 2C, �co0 Date MINNESOTA TEAMSTERS PUBLIC AND LAW FORCEMENT EMPLO EES UNION LOCAL NO. 3� Business Age �.�. . n �O Date 23 INDEX A Additional Work Hours ...............................12 B Breaks.........................................................5 C Court Duty ..................................................13 O Discharge ..................................................14 Discipline ...................................................14 E Emergency Closings and Caii In ...............11 F Fair Share ....................................................2 Family Medical Leaves .............................. t7 Flexible Spending Account ..........................8 Food Manager's Food Safety Ceriification 12 G Grievance Procedure .....................14, 15, 16 N Holidays .......................................................3 Hours...........................................................4 / Insurance .....................................8, 9, 10, ti L Layoff ........................................................... 7 Leaves.................................................16, i7 Line Leader Premium ................................21 Long-Term Leaves ....................................17 LunchBreak ................................................5 M Mileage ...................................................... i 1 Miiitary Leave ............................................. i 7 O Overtime......................................................4 P Probation ......................................................6 R Recall...........................................................7 Requests For Change of Location .............12 Retirement Health Insurance .......................9 Retirement After Age 65 .........................10 Retirement Before Age 65 ..................9, iQ S Salary Schedule Placement .......................19 Salary Step Progression ............................19 Seni o rity ....................................................... 7 Seve rance ..................................................13 Short-Term Leaves ....................................16 SickLeave ...................................................3 U Uniforrns ....................................................18 Union Membership .......................................2 V Vacation.......................................................5 W W ages ...........................................19. 21, 22 W orking Conditions .............................1 t; 12 Working Out Of Classification ...................11 Workshops .................................................11 • • � 24 Council File # Ol-38o Green Sheet # 106832 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1999 through June 30, 2001 Employment Agreement between the Independent School Dstrict No. 625, Saint Paul Public Schools, and Minnesota Teamsters Loca1 No. 320 Representing Food Service Personnel. Requested by Depamnent of: !F3'� Form � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary By: ` � � .. � -. . � �. - .i/ �� ' i ,. y�. / . ii � �. � �. , Adopted by CouncIl: Date � C �,� �5__�� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 106832 LABOR RELATIONS Apri19, 2001 0, _�� CONTACI' PERSON & PHONE: � All pTE INITIqI,�ppTE JLTLIE KRAUS 266-6513 p�IGN i DEPARTMENf DIR. � 4 CITY COUNCIL NUMgER 2 CITY ATTORNEY C17Y CLERK MUS! BE ON COi1NCIL AGE!VDA BY (DATE) F�R BULXiET D1R FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAT[ONS FOR SIGNAT'URE) ncnox �QVESren: This resolution approves the attached July 1, 1999 Uuough June 30, 2001 Employment Agreement between Independent School District No. 625, Saiut Paul Public Schools, and Minnesota Teamsters I,ocal 320 representing Food Service Personnel. RECOMMENDATIONS: Approve (A) or Rejec[ (R) pERSONAL SERVICE CONTRACI'S MUST ANSWER 1'HE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CI VIL SERVICE COMMISSION I. Has itiis persoNfirm ever worked wder a contraa for this departrnent? CIB COMIvfITTEE Yes No STAFF 2. Has This person/firtn ever been a ciry employee? _DISTRiCT COLJF2T Yes No SUPPORTS WHICH COiJNCIL OBJEC'fl VE? 3. Dces this person/fum possess a skiil not nomiatly possessed by any current ciry employee� Yes No Exptain all yes answers oo separate sheet and attac6 to green sheet INITIATIIVG PROBLEM, [SSUE, OPPORTONITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED. This Agreement pertaans to Boazd of Education employees only. ��°-� �`°�'�°�=" �o�� F�� _ . . . �� . °� �� DISADVANTACESIFAPPROVED. DISADVANTAGES IF NOT APPROVED: TOTAL AMOi7N7' OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY MIMBER: FINANCL4L INFORMATION: (EXPLAII� INDEPENDENT SCHOOL DISTRICT NO. 625 01 �3t'� BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: January 25, 2000 TOPIC: Approval of Employment Agreement Between Independent Schooi District No. 625, Saint Paul Public Schools, and Minnesota Teamsters Local No. 320 Representing Food Service Employees A. PERTINENT FACTS: 'I ) New Agreement is for a two-year period from Juiy 1, 1999 through June 30, 2001. 2) Contract changes are as follows: insurance: Effective January 2000, the district contribution for single coverage is increased to $200; family coverage is increased to $350; effective January 2001, the district contribution for single coverage is increased to $215, family coverage is increased to $390. Waaes: Effective July 1, 1999, the salary schedule rates are increased by 3%. A one-year step was added to the Food Service Assistant and Food Service Helper schedules. The pay for Level 3 food manager certification was increased by $.10 to $.35. Food Service Assistants will receive an additional $.35 per hour responsibility pay when assigned to fill in for a supervisor. Retirees who return to work as temporary food service assistants will be paid on Step 1 of the Food Service Assistant schedule. Effective July 1, 2000, the salary schedule rates are increased by 3%. Comnarable Worth Adiustment: There is an additional salary schedule adjustment of .5% effective July 1, 1999, and .25% effective July 1, 2001 toward ongoing implementation of the districYs pay equity plan. Holidavs: Employees who work in 12-month positions will receive holiday pay for Christmas Day, New Year's Day and the Fourth of July. Employees who work summer school will be paid for the Fourth of July, beginning in summer 2000. Sick Leave and Personal Leave: Food Service Assistants and Food Service Helpers will begin accruing sick leave aRer one year of service. Employees may use up to two sick leave days per school year as personal leave. 3) The District has ihree hundred ninely (390) regular employees in this bargaining unit. 4) This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources and Labor Refations; and William A. Larson, Deputy Superintendent. 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 food service employees in this school district for whom the Minnesota Teamsters Local No. 320 is the exclusive representative; duration of said Agreement is for the period of July 1, 1999 through June 30, 2001. ��' � r I � 1999 - 2001 AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools � and MINNESOTA TEAMSTERS LOCAL NO. 320 Representing Food Service Personnel July 1, 1999 through June 30, 2001 � �u ��%�: �� i��`� �,�_ �� :! �i. �' Saint Pau/ Public Schools L 1 F E L O N G L E A R N 1 N G � � � � � � �� „ � � �� ., , ,�F �.. am9o i.� , r i.F. ��,��. I I��.iS�a N°ri � r� ��,. �luwme,aii.�ism� , ri IH., ��ar.r�� i " ,�i� � u., , _ � ,. �. .' .,." , � � �� e� a � � �' „ � . : . � . ' ' �, , . ' . � � � � � � , � , , �. 1 � , ' ' . , � ' I�� , . 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I.A', it;il.�,'�I � ��I.i�,.��o��'9Jd� Un�i++�id �.I;h;.i� .i. �i , �oo , � , . � ��. „ ,�� . � ► � i ARTICLE NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT CONTENTS PAGE Article 1. Definition of Agreement .............................................................................................i Article2. Recognition ................................................................................................................1 Article 3. Check Off, Fair Share ................................................................................................2 ARicle 4. Maintenance of Standards .........................................................................................2 Article 5. Non-Discrimination, Affirmative Action ......................................................................2 ' Articie 6. Holidays .....................................................................................................................3 Article Sick Leave .................................................................................................................3 Ar[icle8. Hours .........................................................................................................................4 Article9. Vacations ...................................................................................................................5 Articie10. Breaks ........................................................................................................................5 Article 11. Civil Service Examinations and Probation .................................................................6 Article 12. Seniority, Layoff and Recali ......................................................................................7 Article 13. Insurance Benefits .....................................................................................................8 Article 14. Working Conditions .................................................................................................11 • Article 15. Severance ................................................................................................................13 Article Court Duty ................................................................................................................13 Article 17. Discipline and Discharge .........................................................................................14 Article 18. Grievance Procedure ...............................................................................................14 Article19. Leaves .....................................................................................................................16 Article Uniforms ..................................................................................................................18 Article21. W ages .....................................................................................................................19 Articie 22. Duration of Agreement .............................................................................................20 Appendix Wages ....................................................................................................................21 � Memorandum of Understanding: Summer School Selection ........................................................23 Index ... ............................................................................................................................................ 24 • � 0�-38� ARTICLE 1. DEFfNITION OF AGREEMENT • SECTION 1. PARTIES. This Agreement is entered into between the Board of Education, Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Soard of Education, and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 (certified in Case No. 81-PR-268-A on December 5, 1980, by the Director of Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Locai No. 320, pursuant to and in compliance with the Pubiic Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. SECTION 2. PURPOSE. The purpose of this Agreement is to promote orderiy and constructive relationships between the Board of Education, the employees of this unit, and Locai No. 320. ARTICLE 2. RECOGNITION SECTION 1. The Board of Education recognizes Local No. 320 as the certified exclusive representative for the following unit: All food service personnei in the titles contained in this Agreement who are employed by independent School District No. 625 and who are public empioyees as defined by PELRA. � SECTION 2. The Board of Education agrees that so long as Local No. 320 is the exclusive representative in accordance with ihe provisions of PEtRA, and as certified by the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section t of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and co�ditions of empioyment for this unit. i ARTICLE 3. CHECK O�F, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments • and once each month dues from the pay of those employees who individualiy request in writing that such deductions be made, The amounts to be deducted shali be certified to the Employer by a representative of the Union and the aggregate deductions of all empioyees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. Any present or future employee who is not a Union member shali be required to contribute a fair share fee for services rendered by the tlnion. Upon notification by the Union, the Employer shall check off said fee from the earnings of the empioyee and transmit the same to the Union. In no instance shall the required contribution exceed 85 percent of the Union membership dues amount. This provision sfiatl remain operative onfy so long as specificaily provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85 percent of regular membership dues, the fuli amount permitted by law may be assessed by the Union. SECTION 3. The Union wiil indemnify, defend, and hold the Schoo( District harmless against any claims made and against any suits insiituYed, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MAINTENANCE OF STANDARDS SECTION 1. The Employer agrees thai at! conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution tVo. 3250) at the time of signing of this Agreement, and the conditions of employment shali 6e improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTiCLE 5. NON-DISCRIMiNATION, AFFtRMATiVE ACTtON SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or non-membership, or because of race, color, sex, religion, national origin or political opinion or affiliations. SECTION 2. AF�IRMATIVE ACTION. None of the provisions of this Agreement shall be interpreted or implemented so as to be in contlict with or cause violation of the Districi's Affirmative Action Program as adopted bythe Board.' `Effeciive March 22, t984 � � o�- 38� ARTiCLE 6. HOLIDAYS • SECTION t. Regular or provisional employees working under the titles covered by this Labor Agreement, sha�l be eligible for six (6) holidays with pay (Labor Day, Thanksgiving Day, Friday following Thanksgiving, Martin Luther King Day, Presidents' Day, and Memorial Day), and in accordance with the following rules. Effective with the 1999-00 school year, employees who work in twelve (12)-month positions will receive hoiiday pay for Christmas Day, New Year's Day and the Fourth of July. Effective with the Year 2000 summer schooi, employees who work summer school will be paid for the Fourth of July. To be eligibie for holiday pay, employees must have been compensated for all scheduled hours of their last scheduled workday before the holiday and for their first scheduled workday following the holiday. if an employee is late by less than thirty (30) minutes on the scheduled work day before or the scheduled work day after the holiday, they will receive holiday pay. If one of the above listed holidays fafis on a day when school is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday, Ali employees will be expected to work on all days when school is in session, except when on approved teave. Hofiday pay will be paid on the basis of the employee's regulariy-scheduled number of hours in the workday. � ARTICLE 7. SICK LEAVE SECTION 1 ELIGIBILITY Subd. 1. Sick leave shall be provided for ihe 8aker, Food Service Supervisor 1, Food Service Supervisor 2, and Food Service Supervisor 3 ctassifications. Subd. 2. Sick Leave for Food Service Assistants 2.1 Food Service Assistants who work a minimum of eight (8) hours per day shali begin accruing sick leave upon completion of one (1) year of empioyment. 22 Food Service Assistants and Food Service Helpers who have been employed as reguiarly-certified or provisional Civil Service employees in the ciassification of Food Service Assistant or Food Service Helper for at ieast two (2) years and who have been regu{arly assigned three (3) hours or more per workday for the three (3) preceding months shall begin accruing sick leave. 22.1 Effective January 1, 2000, Food Service Assistants and Food Service Helpers who have been employed as regularly-certified or provisional Civil Service employees in the classification of Food Service Assistant or Food Service Helper for at least one (1) year and who have been regularly assigned three (3) hours or more per workday for the three (3) preceding months shal� begin accruing sick leave. SECTION 2. ACCRUAL. Eligible employees shall accrue sick leave at the rate of .0576 per • hour for each ful� hour paid, excluding overtime. In no case shall leave with pay be granted in anticipation of any future accumufation. ARTICLE 7. SICK LEAVE (continued) SECTION 3. REPORTING. All empbyees shall report sick leave as required in the Food • Service Procedure Manual. SECTION 4, Sick leave may be used for any of the following reasons: 1. Sickness or injury of the empioyee or employee's dependent children; 2. Death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, fafher-in-Iaw, grandparent or other person who is a member of the household; 3. Time necessary for off'�ce visits to physicians, dentisis or other health care personnei; or 4. In the case of sudden sickness or disability of a household member, up to four (4) hours for any one (1) instance; or 5. Effective January 1, 2000, employees may use up to two (2) sick days per school year for personal leave. Personal leave may be taken for any reason. If personal leave is used for non-emergency reasons, the empioyee must submit a request to the immediate supervisor ten {10) working days in advance of use. Approval of personal leave is subject to approval and the ability of the employer to cover work responsibilities. SECTION 5 . SICK LEAVE CONVERSION Accumulated sick leave in excess of one hundred eighty (180) days may be converted to vacation at the rate of two (2) days sick leave for one (1)-day vacation up to a maximum of five (5) days vacation time. Vacation is to be paid on the basis of regulariy scheduted hours per day. ARTICLE 8. HOURS � SECTION 1. This Section is intended to only define the normal hours of work and to provide the basis for the calculation of overtime pay. Notfiing herein sha(i be construed as a guarantee of hours of work per day or per week. SECTION 2. Overtime is to be paid at the rate of time and one-half {1-1/2) for all hours worked in excess of forty (40) hours per week. Overtime compensation due the employee shall be paid at the rafe herein cited or by graniing compensatory time on a time and one-half (1-1/2) basis if mutually agreed to by the District and the employee. • 0�-38� • ARTICLE 9. VACATIONS SECTION 1. Employees who are assigned to the District Administration Complex on a twelve (12)-month, full-time basis are eligible for vacation. Vacation credits shall accumulata at the rates shown below for each full hour on the payroll, excluding overtime: Years of Service 1st yearthrough 5th year 6th year through 15th year 16th year through 25th year 26th year and thereafter Hours of Vacation .0385 (80 hours) .0576 (120 hours) .0808 (168 hours) .0841 (175 hours) Calculations shall be rounded off to the nearest hour. Estimated hours shown above are based on a 2,080-hour work year. C � � SECTION 2. An employee may carry over one hundred twenty (120) hours of vacation into the following "vacation year." SECTION 3. For the purpose of this Article, the "vacation year' shall be January 1 through December 31. SECTION 4. The scheduling of vacation is subject to approval of the employee's supervisor. ARTICLE 10. BREAKS SECTION 1. All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. SECTION 2 . Breaks beside funch should be as follows: Hours worked oer dav Four (4) or more hours, but less than eight (8) hours Eight (8) or more hours Break Time One 15-minute break Two 15-minute breaks 5 ARTICLE 11. CIVIL SERVICE EXAMINATIONS AND PROBATION SECTION 1. CIVIL SERVICE EXAMINATIONS. Notice of Civil Service (Personnel) E�caminations for positions in the food production and service functions shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination, subject to the timely receipt of information. SECTION 2. PROBATION. The probationary period shail be iwelve (12) consecutive months from the date of appointment for positions in the titles Food Service Assistant and Food Service Helper. The probationary period, whether original or promotional appointment, for all other titles covered by this Agreement shall be six (6) consecutive calendar months from the date of appointment excluding holidays, school breaks, and leaves of absence. Extended absences of any kind lasting one {1) month or more in duration shall not be credited when caiculating time towards the completion of either the original or promotional probationary period. If the employee's service is found unsatisfactory by the Director of Food Service during the period of original appointment probation, the probationary employee may be discharged at the discretion of the Director of Food Service, prior to the end of the original probationary period. If the employee's service is found unsatisfactory by the Director of Food Service during the period of promotional appointment probation, the probationary employee shall be reinstated, at the discretion of the Director of Food Service, to his/her former position or to a position to which he/she might have been transferred or assigned prior to the promotion, prior to the end of the promotional probationary period. Discharge or reinstatement to a lower level position during or at the conciusion of the probationary period stated in this Section 2 is not grievable under Article 5, nor is it subject to other appeai. • � J • C1 B6 � . ARTICLE 12. SENIORITY, LAYOFF AND RECALL (Effective January 1, 1993) SECTION 1. SENIORITY Subd. 1. Seniority, for the purpose of this Article, shall be defined as follows: DISTRICT-WfDE SENIORITY is the fength of continuous, regular, and probationary service with the Employer from the date an employee was first certified and appointed to any class title covered by this Agreement, it being further understood that district-wide seniority is confined to the current class assignment held by an employee. In cases where two {2) or more employees are appointed to the same class title on the same date, the district-wide seniority shall be determined by the employee's rank on the eligible list from which the certification was made. BUILDING SENIORITY is the length of continuous, reguiar and probationary service with the Employer from the date an employee's first day of work at one specitic school district facility in a certified and appointed position in a class title covered by this Agreement, it being further understood that building seniority is confined to the current class assignment held by an employee. In the event an empioyee requests voluntary transfer and is then transferred from one location to another, the employee shall begin to accrue building seniority at the new location based on the date of assignment to the new location. In the event an employee is involuntarily transferred from one location to another (or iaid off and recailed to a different location), the employee shafl carry forward to the new assignment the seniority date held prior to the transfer. � In cases where two or more employees are assigned to the same location in the same class title on the same date, the employee with the greater district-wide seniority shaii be determined to have greater buiiding seniority. Subd. 2. Seniority shall terminate when an employee retires, resigns or is discharged. SECTION 2. LAYOFF Subd. 1. In the event it is determined by the Employer that it is necessary to reduce the workfiorce, employees will be laid off by class title based on inverse length of buildinq senioritv in that class titie. Subd. 2. Two (2) weeks of notice shall be-given to any empioyee laid off. SECTION 3. RECALL. Recall from layoff shaii be in order of greatest district-wide seniority, except that recall rights shall expire after sixteen (16) months of fayoff. Any employee is eiigible for recail to any position in his/her title at any focation, so long as the work hours do not exceed the employee's regularly scheduled hours prior to the Iayoff. A�y employee who refuses an offer of recail at any location shall forfeit all further rights to recalf. It is understood that a recalled empfoyee wiii pick up his/her former seniority dates in any class of positions covered by this Agreement and previously held. � ARTICLE 13. INSURANCE BENEFITS SECTION 1. ACTIVE EMPLOYEE INSURANCE Subd. 4. Active Emolovee Health Insurance. Health and Welfare benefits shall be provided in the form of premium contributions for eligible employees under the plan offered by Independent School Districl No. 625 for Civil Service personnel. Employees selecting a plan offered by a Health Maintenance Organization agree to accept any changes in benefits which the Health Maintenance Organization implements. Subd. 2. Eliaible emplovees. Employees who become eligible for medical and life coverage, shall be considered fuil-time if regularly assigned six (6) or more hours per day, and half-time if regularly assigned four (4) to six (6) hours per day. 2.1 For eligibie half-time employees who elect medical and Iife coverage, the Empioyer wilf contribute one half (112) of the amount available for fuli-time empioyees electing such coverage. 2.2 One (1) fuli month of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the DistricYs contribution of premium cost for insurance provided herein. Subd. 3 Active Emolovee Medical Insurance Emolover Contribution • 3.1 The Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $190 per month for each full-time employee who is eligible and elects such coverage; or up to $330 per month for each full-time employee who is eligible and • elects such coverage. 3.2 Effective Januarv 1. 2000, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $200 per month for each full-time employee who is eligible and elects emptoyee coverage or up to $350 per month for each full-time employee who is eligible and elects family coverage. 3.3 Effective Januarv 1. 2001, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $215 per month for each full-time emptoyee who is eligible and elects employee coverage or up to $390 per month for each full-time empfoyee who is eligible and elects farnily coverage. , Subd. 4. Active Emolovee Life Insurance. The Employer agrees to contribute to the cost for $25,000 of life insurance coverage up to $5.10 per month for each employee who is eligibfe for such coverage. 4.1 The amount of iife insurance specified in Subd. 4 shalt be reduced to $5,000 coverage upon early retirement and shall conti�ue until the early retiree reaches age siuty-five (65), at which time all Employervpaid life insurance shall be terminated. Subd. 5. Pavroll Deductions. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. Subd. 6. Flexible S endin9 Account. It is the intent of the Empioyer to m8intain during the term of this Agreement a plan for medical and child care expense accounts to be available to active employees in this bargaining unit who are eligible for Employer paid � premium contributions for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. O!- 3 fsD • � ARTfCLE 13. INSURANCE BENEFITS (continued) SECTfON 2 RETIREMENT HEALTH INSURANCE Subd. 1. Benefit Eliaibilitv for Emolovees who Retire Before Aqe Sixtv-Five (651 1.1 Emolovees hired into District service before Januarv 1 1996, must have completed the following service eligibility requiremenis with Independent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Pau� Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with independent School District No. 625; B. C. D. E. i�% 1.3 Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service; or Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requ+rement of this Subdivision 1.1 B, C or D, but not Eor 1.1 E. Emolovees hired into Districi service after January 1. 1996 must have completed twenty (20) years ot service with {ndependent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. Eligibility requirements for all retirees: A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District ISo. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent Schoof District No. 625 heaith insurance program, or in any other Employer-paid health insurance program. L� C. Additional dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. The employee must make appfication through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � ARTICLE 13. INSURANCE BENEFITS, Section 2(continued) Subd. 2. Emnlover Contribution Levels for Emolovees Retirinq Before Aqe Sixtv-Five (65) 2.1 Health Insurance Employer Confribution 22 Subd. 3. The District wiil for the period of this Agreement provide employees who meet the eligibility requiremenis for health insurance in 1.9 or 1.2 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same doliar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment !n fhe event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shall conslitute the limit on future contributions. Any employee who is receiving famiiy coverage premium contribution at date of retirement may not later ciaim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. Life Insurance Employer Contribution The District will provide tor eariy retirees who qualify urrder the conditions of 1.i or 12 above, premium contributions for eligible retirees for $5,000 of life insurance only until their sixty-fith (65th) birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixry-five (65) or over. Benefit Eiioibilitv for Emplovees After Aae Sixty-Five (65) 3.1 EmpJoyees hired info the Disirict before Januarv 1 1996 who retired betore age sixty-live (65) and are receiving benefits per Subd. 2 above are eligible, upon reaching age sixty five (65), for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Emolovees hired into the District before Januarv 1 1996, who retire at age 65 or older must have completed ihe service eligibiiity requirements in Subd. 1 to receive District contributions toward post-age-65 healih insurance premiums. 3.3 Emplovees hired on or after Januarv 1 1996, shail not have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement ai age-sixty-five (&5) and over in Subd..4. Employeeg.,hired o,n or after January 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation matcfi in Subd. S. Subd. 4. Emplover Contribution Levels for Emolovees After Aae Sixtv-Five (651 4.1 Emolovees hired into the Disirict beiore Januarv i 1996, who meet the efigibility requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy wili not exceed: Coveraae Twe Medicare Eligible Non-Medicare Eligible Sinale Familv $300 per month $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. 10 • � • o�-3s� ARTICLE 13. INSURANCE BENEF�TS, Section 2(continued) • Subd. 5. Em�lovees hired after Januarv 1. 1996, after compietion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an Employer-matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more wiil be eligible for up to one half (50 percent) ot the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. ARTICLE 14. WORKING CONDITIONS SECTION 1. EMERGENCY CLOSINGS AND CALL IN • Subd. 1. If it becomes necessary or desirable to close a school as a resuit of an emergency, the effort shail be made to notify employees not to come to work. Employees not notified who report for work shall be granted two (2) hours' pay at their regular rate. Subd. 2. An employee who is expected to come to work on a regular workday, or who is called in to work at another time, shall receive a minimum of two (2) hours straight time pay for the work. SECTION 2. WORKSHOPS. Employees in the Food Service program ordered by the Food Service Director to attend Food Service workshops shall be reimbursed for the tuition of the workshop and the normal hourly rate for the time spent in the workshop. SECTION 3. MILEAGE. When an employee is required and authorized by the proper supervisor to use his or her personal vehicle in the interest of the Employer (i.e., trips to the bank, grocery store, etc.) mileage reimbursement will be paid at the current School District rate, and by the approval of the Food Service Director. SECTION 4. WORKING OUT OF CLASSIFICATION. Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the fuli-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purposes of this Article, the rate of pay Sor an out-ot-class assignment shaN be the same rate the employee wouid receive if he/she were promoted to the higher classification. � 11 ARTICLE 14. WORKING CONDITIONS (continued) SECTION 5 ADDITION OF REGULARLY SCHEDULED WORK HOURS Whenever � regularly-scheduled hours are added to an existing Food Service Assistant and Food Service Helper positions, the Food Service Assistant or Food Service Helper with the greatest building seniority regularly employed in that kitchen or facility wili be first offered the additional work hours, if that Food Service Assistant or Food Service Helper is listed for such consideration. Subd. 1. To be listed for additional hours consideration, a Food Service Assistant or Food Service Heiper must indicate in writing, at the start of the school year, to the Director of Food Service or to the designated immediate supervisor, the intention to be available for such additionat work time, Subd. 2. If a listed Food Service Assistant or Food Service Helper refuses additional regulariy- scheduled wark time, the Director of Food Service or designated immediate supervisor may remove that employee's name from the listing. Subd. 3. A reduction in reguiarly-scheduled hours to a position covered by this Agreement shall not be considered a layo#f, and is not subject to the provisions of Article S, Layoff and Recall. SECTION 6. REQUESTS FOR CHANGE OF LOCATION. Employees who wish to be considered for reassignment to another location should submit a written request to the office of Director of Food Service by April 1 of any year. The request should specify the location or area the employee preters. SECTION 7 FOOD MANAGER'S FOOD SAFETY CERTIFICATION �ood Service Supervisor 1 or 2. The District may determine that it is necessary to have Food • Service Supervisor 1 or 2 titles covered by this Agreement maintain the Saint Paul Manager's Certification (or a State of Minnesota Certification if reg�lation changes) as a requirement for holding these positions. The test or tests for the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes} will be taken on employee's time. Food Service Supervisor 3. The parties recognize and acknowledge that the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes) is a requirement for holding a position in the Senior High Food Service Supervisor and Food Service Supervisor 3 title covered by this Agreement, and will be a requirement prospectively for new appointees as weil. The test or tests for the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes) will be taken on employee's own time. • 12 d/-3�o ARTICLE 15. SEVERANCE � Subd. 1. The Employer shall provide a severance pay program as set forth in this Article. Subd. 2. Payment of severance pay shall be made within the tax year of the retirement as described in Business Office Rules. 7o be eligible for the severance pay program, the employee must meet the following requirements: 2.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). 22 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not eligible for this severance pay program. 2.3 The employee must have at least twenty (20) calendar years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this twenty (20)-year service requirement. 2.4 The employee must have accumulated a minimum of four hundred eighty (480) hours of sick leave credits at the time of separation of service. Subd.3. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one- • half (1/2) of the houriy rate of pay for the position heid by the employee on the date of separation for each hour of accrued sick leave, subject to the maximum amount of severance in Subd. 4 of this Article. Subd. 4. The maximum amount of money that any employee may obtain through this severance pay program is $4,000. Subd. 5. For the purpose of this severance pay program, the death of an employee shali be considered as separation of empfoyment and, if the employee wouid have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. Subd. 6. For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. ARTICLE 16. COURT DUTY SECTION 1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shaff be paid to the Empioyer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in � court as a juror or witness. 13 ARTICLE 17. DISCIPLINE AND DISCHARC�E SECTION 1. just cause. SECTION 2. ��) �2) (3) (4} (5) The Employer shali have the right to impose disciplinary actions on employees for Disciplinary aciions by the Employer shal! include only the following actions: Oral reprimand; Written reprimand; Suspension; Demotion; Discharge. L J SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the provisions of Article 5, Grievance Procedure of this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute. SECTION 4. PRELIMINARY REVIEW. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor wiil make a recommendation to his/her supervisor regarding proposed discipline. The supervisor will then schedule a meeting with the empioyee prior to making a finai determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. if the employee is unable to meet with the supervisor, the employee and/or union wili be given the opportunity to respond in writing. ARTICLE 18. GRIEVANCE PROCEDURE SECTION 1. This grievance procedure is established to resolve any specific dispute between the empioyee and the School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided, however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms ofi fhe Agreement. ° ° SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Empioyer shall not use the above limitation to hamper the processing of grievances. • • 14 �/-3�0 � ARTtCLE 18. GRIEVANCE PROCEDURE (continued) SECTION 4. A grievance shall be resolved in the following manner: Subd. 1. (Step 1) Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of ihis Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is fater, discuss the complaint orally with the representative designated by the Director of Food Service. The representalive of Director of Food Service shall attempt to adjust the complaint at that time. Subd. 2. (Step 2) A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement aliegedly violated, the remedy requested, and shali be appealed to Step 2 by the empfoyee within fifteen (15) working days after the Employer-designated representative's final answer in Step 1. Any grievance noi appealed in writing to Step 2 by the employee within fifteen (15) working days sha11 be considered waived. If appealed, the written grievance shall be presented 6y the employee and the Union and discussed with the Director of School Food Service (or representative designated by the Superintendent). The Director of School Food Service shall give the Union the Employer's Step 2 answer in writing within ten (10) working days following the presentation. Any grievance not appealed in writing to Step 3 by the employee and the Union within ten (10) working days after receipt ot the Employer's reply shall be considered waived. Subd. 3. (Step 3) If appealed, the written grievance sfiall be presented by the Union and discussed at an informal meeting within ten (70) working days of receipt of the written grievance, with the Superintendent of Schools or his/her representative. The Employer-designated . representative shall give the Union the Employer's answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Step 3 may be appeaied in writing to Step 4 by the Union wfthin ten (1 D) working days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) working days shall be considered waived. Subd. 4. (Step 4) A grievance unresolved in Step 3 and appeaied to Step 4 by the Union shali be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. if a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services, if the Union so requests within the specified ten (10) days. . SECTION 5. The arbitrator shal� have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modffying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days foiiowing the ciose of the hearing or the submission of briefs 6y the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shafl 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. 15 ARTICLE 18. GRIEVANCE PROCEDURE, Section 5(continued) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the � Employer and the Union, provided thai each party shall be resportsible for compensating its own witnesses. !f eiYher parry desires a verbatim record ot the proceedings, it may cause such a record to be made, providing it pays for the record. )f both parties desire a verbatim record of the proceedings, the cost shall be shared equaily. If a grievance is not presented within the lime limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, if shall be considered settied on the basis of the Employer's Iast answer. (f fhe Employer does not answer a grievance or an appeai thereof within the spec'rfied time limits, the Union may elect to process ihe grievance to the next step. The time limit in each step may be extended by mutual wri#en agreement ot the Employer and the Union in each step. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under any other procedure. it is further understood that if a specific matter is determined by some other procedure, it shall not again be submitted for review and arbitration under the procedures set forth in this Articie. ARTICLE 19. LEAVES SECTION 1. APPLYING FOR LEAVES. Applications for leaves must be submitted in writing to the Director of Food Service at least forry-five (45) calendar days prior to the proposed start of the • leave without pay and shall inciude the proposed period of the leave and purpose for the leave. The Director of Food Service wili repiy to leave requests within fifteen (15j working days after they are received in the Food Service Oi�ice. SECTION 2. SHORT-TERM LEAVES WITHOUT PAY, Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. � 16 �/- 380 ARTICLE 19. LEAVES (continued) • SECTION 3. LONG-TERM LEAVES WITHOUT PAY. Leaves of absence may be requested and are subject to approval of the Director of Food Services. A list of typical leaves is provided below. This list does not cover all possible reasons. • Physical or mental incapacity of the employee to perform their work efficiently, where the granting of a leave will permit the employee to receive treatment enabling them to return to School District service; • E4ection or appointment of a fufl-time, paid positio� in an organization or union whose members consist Iargeiy or exclusively of employees of the School District. • Education or training relating to the employee's regular duties or to prepare the employee for advancement; • Election of the employee to a School District or City of St. Pauf position; • Appointment of the employee to an unclassified School District or City of St. Paul position; • Disability or injury received in the pertormance of duty not due to the negligence of the employee for the period ot the employee is receiving compensation payments from the School District for temporary partial disability or temporary tota� disability; • Parental leave upon the request of the employee. Subd. 1. For a leave of six (6) months or longer, the employee must provide written notification to the Director oi Food Services, indicating hisJher specific inient to conclude the leave and be available to return to active service as of the termination date specified in the leave. This written notification must be received by the Director of Food Services no later than two (2j months prior to � the originally-scheduled date of the leave termination. Su6d. 2. Employees returni�g from leave will be placed in the next available vacancy in iheir job title. Subd. 3. Employees who return to service under the provisions of this Section wil� retain their former seniority. SECTION 4. MILITARY LEAVE. Pursuant to and within the limits of the requirements of Minnesota Statute § 192.26, employees shall be granted military leave for up to fifteen (15) days in any calendar year for required military service. SECTION 5. FAMILY MEDICAL LEAVES. Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. � 17 ARTICLE 20. UNIFORMS SECTION 1. Subd. 1. The Employer will provide three (3) uniform pieces to each employee per school year. Selection and composition of uniforms is the Employer's option. 1.1 Employees who work in the District Kitchen will be provided five (5) uniform pieces per schoo! year. Subd. 2. The Employer will provide five (5) uniform pieces at start-up for new employees. Subd. 3. A uniform piece for the purpose of this Article shall be defined as any one of the following items as designated by the Food Service Director for that iocation: 1) shirt/tops; 2) slacks/pants; 3) aprons. Employees will have the flexibility to select any combination of uniform pieces each school year, so long as the uniform pieces selected are part of the approved uniform for that location. SECTION 2. An employee who has received uniforms and then terminates employment for any reason after less than six (6) futl months of active employment, is obligated to retum the uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs will be deducted from the final paycheck of the terminating employee. � C � � 18 �!- 38�0 • ARTICLE 21. WAGES SECTION 1. The pay rates shall be those described in Appendix A. SECTION 2. Subd. 1 Initial Placement on the Salarv Schedule When an employee is originally hired or moves from another unit into a title covered by this agreement or moves from one title covered by this agreement to a different title under this agreement, initial step placement wilt be conducted as described by Civil Service Rules, unless the labor agreement contains a provision describing an alternative action. The labor agreement supersedes these provisions of Civil Service Rules. A newly hired person regularly appointed in the Food Service Assistant or Food Service Helper classifications will normafly start at the base rate. A newly hired person regularly appointed in other titles covered by this agreement will typically staR at the Base Rate for that title. A person appointed on a temporary basis normaily will be paid at the temporary rate. The only exception is for retirees returning to work as temporary employees as described in Appendix A, Wage Schedule Conditions. Subd. 2 Steo Placement on the Salarv Schedule for a Promotion � The Human Resource Department wiil determine the step placement for a promotion from one title in tfie District to a title covered by this Agreement. The step pfacement wiil be determined by multiplying the hourly rate of pay the person was receiving prior to the promotion by 1.05 (a 5% increase). The person will be placed in the new title following promotion at the first salary step that is equal to or greater than the rate calculated when multiplying the previous rate by 1.05. For example, is the person was making $10/hr before the promotion, the Human Resource Department would multiply $10/hr x 1.05 =$10.50/hr. Then the person would be placed on the step in the new title that was closest to but not less than $10.50/hr. � Subd. 3. Salarv Step Progression Progression through the steps of a salary range in this contract will be based on the following conditions: Employees must have received an overali rating ot "satisfactory' on their most recent performance evaluation to receive any salary step advancement. Movement to pay columns beyond the base rate will normally occur on the first pay period following the anniversary date of the appointment to the new title, providing that the employee has completed the number of years in the District required for that step. For example, an employee hired on September 10, 1997, would move to the two (2)-year step the first pay period following September 10, 1999, and then to the four (4)-year step the first pay period following September 10, 2000. SECTION 3. During the term of this Agreement the Board may at its discretion unilaterally increase the pay rates provided in Appendix A, to come into compliance with the requirements of the Minnesota Pay Equity Act. 19 ARTICLE 22. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 1999 through Ju�e 30, 2001, except as otherwise specified herein, and shalt automatically be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new Agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. FOOD SERVICE PERSONNEL AGREEMENT This Agreement is by and between Independent School District No. 625 and Minnesota Teamsters Public and Law EnforcemeM Empioyees Union Lxal No. 320, on behaB of Food Service Personnel. In full settlement of 1999-2001 negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approval and adoption by the Board of Education of Independent School District No. 625, as weli as raYrfication by the Union. INDEPENDENT SCHOOL DISTRICT NO. 625 �� ' � Chair, B d of Education � xe utive Director, u n Resources and Labor Relations , ) ti egotiations/L r Relations Assistant tvianager �� 1 �0, a�c•o �ate MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Business Age til0.�c.�,� .rkl Da e � � � • � DI - 38'0 APPENDIX A: WAGES • Food Service Assistants EFFECTIVE BASE DATE RATE July 1, 1999 $8.73 July 1, 2000 $9.01 Food Service Heloers EFFECTIVE BASE DATE RATE July 1, 1�� $7.75 1-YR. 2-YR. RATE RATE $9.53 $10.33 $9.84 $10.67 1-YR 2-YR. RATE RATE $8.47 $9.18 20� July 1, }998 $8.00 $8.74 $9.48 4-YR. 6-YR. RATE RATE $10.69 $11.04 $11.04 $11.40 4-YR. 6-YR. RATE RATE $9.49 $9.80 $9.80 $10.12 8-YR. 10-YR. RATE RATE $11.40 $11.74 $11.77 $12.12 16-YR. RATE $12.23 $12.63 Line Leader Premium A Food Service Assistant working in the District Kitchen who is assigned by the Director of Food � Service as Line Leader for a particular function will be paid a premium of forty cents ($.40) per hour over his/her regular hourly rate while performing the Line Leader duties. Line Leader assignment wiil be made or discontinued at the discretion of the Director of Food Service. Supervisor Fi11-in Pav Food Service Assistants who are designated to fill in for a supervisor when the supervisor is not at the site tor the entire day shall be paid a premium of thirty-five cents ($.35) per hour over hislher regular hourly rate of pay. This premium shall not be paid when a Food Service Assistant is receiving out-of-class pay. W aqe Scheduie Conditions - Food Service Assistant Persons working on an occasional basis in the Food Service Assistant classification as temporary, provisional, or substitute employees shall be paid at $7.0� hourly. Efiective Aoril 1, 1996. the only exception is for former employees of the Saint Paul Public School Food Service pepartment who retired with at least five (5) years of District Food Service experience, and who return on an occasional basis in the Food Service Assisiant classification as temporary or substitute employees shall be paid at the Ye�t-� Rate of the Food Service Assistant wage schedule. � Y� Persons newly employed in the Food Service Assistant or Food Service Helper classifications on a regularfy-scheduled basis, shall be paid at the Base Rate until such time as the employee shall have passed the Civil Service examination for the classification, been certified and appointed to a regularly-scheduled position. • Movement to pay columns beyond the base rate shall be based on completion of the specified number ot years of continuous regular empioyment trom the date of certification/aopointment. 21 APPENDIX A: WAGES (continued) Baker EFFECTIVE BASE 2-YR. 4-YR. DATE RATE RATE RATE July 1, 1999 $12.67 $13.38 $14.09 July 1, 2000 $13.08 $13.81 $14.55 Food Service Suoervisor t EFFECTIVE BASE 2-YR. DATE RATE RATE July 1, 1999 $11.31 $11.96 July 1, 2000 $11.68 $12.35 Food Service Suoervisor 2 EFFECTIVE BASE DATE RATE July 1, 1999 $12,28 July 1, 2000 $12.68 Food Service Suoervisor 3 EFFECTIVE BASE DATE RATE JUIy 1, 1999 $13.64 Juiy 1, 2000 $14.08 2-YR. RATE $13.04 $13.47 4-YR. RATE $12.50 $12.91 4-YR. RATE $13.70 $14.14 6-YR. RATE $14.39 $14.85 6-YR. RATE $13.04 $13.47 8-YR. 10-YR. 16-YR. RATE RATE RATE $14.73 $14.98 $15.41 $15.20 $15.47 $15.91 8-YR. 10-YR. 16-YR. RATE RATE RATE $13.37 $13.86 $14.68 $13.80 $14.31 6-YR. 8-YR. 10-YR. RATE RATE RATE $14.35 $14.78 $15.38 $14.81 $15.26 $15.88 2-YR. 4-YR. 6-Y R. 8-YR. RATE RATE RATE RATE $14.46 $15.11 $15.87 $16.30 $i4.93 $15.60 $16.38 $16.83 10-YR. RATE $17.01 $17.56 � $15.16 16-YR. RATE $16.33 $16.86 . 16-YR. RATE $17.97 $18.56 Minnesofa Professional' DeVeboment Plan For Schoot Food Service And Nutrition - Level 3 Certification Premium When a regularly (civil service) certified and appbinted employee has completed the credit hours required for Level 2 of the American School Food Service Certificztion Program for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional thirty-five cents ($.35) per hour premium over and above his/her normal biweekly rate of pay for ail hours on the payroll so long as the employee maintains a current Level 2 certification. Payment of the thirty-five cents ($.35) per hour premium shail become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed �evel 2 certification. Employees must maintain current Level 2 certification and show evidence of the renewed certification to be eligibie for continuation of the premium. • 22 �l-3�� • � � 1999-2001 MEMORANDUM OF UNDERSTANDING REGARDING SUMMER SCHOOL SELECTION FOR MINNESOTA TEAMSTERS LOCAL NO. 320 REPRESENTING FOOD SERVICE PERSONNEL This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 825, Saint Paul Pubiic Schoois, and Minnesota Teamsters Local No. 320, exclusive representative for food service employees in the Saint Paul Pubiic Schools. The purpose of this Memorandum is to estabiish a clear understanding between the parties regarding the selection of employees for the School DistricYs summer schooi program. Statement of intent and Puroose It is the intention of the Employer, during the tertn of this Memorandum of Understanding to use the foilowing criteria for selection of employees for the summer school food service program: 1) Employment date of seniority; 2) Completion of the probationary period; 3) A satisfactory last performance appraisal. It is further understood that employees who work in the District Kitchen during the reguiar school year may apply for summer work only in the District Kitchen; employees who work in the schoois may apply for summer work only in the schools. Employees whose assignment during the regular school year is split between the District Kitchen and the schools may apply for summer work in either the District Kitchen or the Schools. Empioyees in other food service groups will continue to be eligible for summer work under the provisions outlined above. All employees must adhere to sign-up times and dates as estabiished by the Director of Food Service. This Memorandum of Understanding shall be effective as of January 29, 1998, and shall expire on June 30, 2001, INDEPENDENT SCHOOL DISTRICT NO. 625 'E74 �ll Chair, B d f Ed ation � xec tive Director, Hu � Resources and L,abor Rela ons . 4�.1i>� Negotiation abor Relations Assistant Manager J'J'�� o 2C, �co0 Date MINNESOTA TEAMSTERS PUBLIC AND LAW FORCEMENT EMPLO EES UNION LOCAL NO. 3� Business Age �.�. . n �O Date 23 INDEX A Additional Work Hours ...............................12 B Breaks.........................................................5 C Court Duty ..................................................13 O Discharge ..................................................14 Discipline ...................................................14 E Emergency Closings and Caii In ...............11 F Fair Share ....................................................2 Family Medical Leaves .............................. t7 Flexible Spending Account ..........................8 Food Manager's Food Safety Ceriification 12 G Grievance Procedure .....................14, 15, 16 N Holidays .......................................................3 Hours...........................................................4 / Insurance .....................................8, 9, 10, ti L Layoff ........................................................... 7 Leaves.................................................16, i7 Line Leader Premium ................................21 Long-Term Leaves ....................................17 LunchBreak ................................................5 M Mileage ...................................................... i 1 Miiitary Leave ............................................. i 7 O Overtime......................................................4 P Probation ......................................................6 R Recall...........................................................7 Requests For Change of Location .............12 Retirement Health Insurance .......................9 Retirement After Age 65 .........................10 Retirement Before Age 65 ..................9, iQ S Salary Schedule Placement .......................19 Salary Step Progression ............................19 Seni o rity ....................................................... 7 Seve rance ..................................................13 Short-Term Leaves ....................................16 SickLeave ...................................................3 U Uniforrns ....................................................18 Union Membership .......................................2 V Vacation.......................................................5 W W ages ...........................................19. 21, 22 W orking Conditions .............................1 t; 12 Working Out Of Classification ...................11 Workshops .................................................11 • • � 24 Council File # Ol-38o Green Sheet # 106832 RESOLUTION CITY OF SAINT PAUL, MINNESOTA � Presented Referred To Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1999 through June 30, 2001 Employment Agreement between the Independent School Dstrict No. 625, Saint Paul Public Schools, and Minnesota Teamsters Loca1 No. 320 Representing Food Service Personnel. Requested by Depamnent of: !F3'� Form � Approved by Mayor for Submission to Council Adoption Certified by Council Secretary By: ` � � .. � -. . � �. - .i/ �� ' i ,. y�. / . ii � �. � �. , Adopted by CouncIl: Date � C �,� �5__�� DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED GREEN SHEET No.: 106832 LABOR RELATIONS Apri19, 2001 0, _�� CONTACI' PERSON & PHONE: � All pTE INITIqI,�ppTE JLTLIE KRAUS 266-6513 p�IGN i DEPARTMENf DIR. � 4 CITY COUNCIL NUMgER 2 CITY ATTORNEY C17Y CLERK MUS! BE ON COi1NCIL AGE!VDA BY (DATE) F�R BULXiET D1R FIN. & MGT. SERVICE DIR ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCAT[ONS FOR SIGNAT'URE) ncnox �QVESren: This resolution approves the attached July 1, 1999 Uuough June 30, 2001 Employment Agreement between Independent School District No. 625, Saiut Paul Public Schools, and Minnesota Teamsters I,ocal 320 representing Food Service Personnel. RECOMMENDATIONS: Approve (A) or Rejec[ (R) pERSONAL SERVICE CONTRACI'S MUST ANSWER 1'HE FOLLOWING QUESTIONS: _PLANNING COMMISSION _CI VIL SERVICE COMMISSION I. Has itiis persoNfirm ever worked wder a contraa for this departrnent? CIB COMIvfITTEE Yes No STAFF 2. Has This person/firtn ever been a ciry employee? _DISTRiCT COLJF2T Yes No SUPPORTS WHICH COiJNCIL OBJEC'fl VE? 3. Dces this person/fum possess a skiil not nomiatly possessed by any current ciry employee� Yes No Exptain all yes answers oo separate sheet and attac6 to green sheet INITIATIIVG PROBLEM, [SSUE, OPPORTONITY (Who, What, When, Where, Why): ADVANTAGES IF APPROVED. This Agreement pertaans to Boazd of Education employees only. ��°-� �`°�'�°�=" �o�� F�� _ . . . �� . °� �� DISADVANTACESIFAPPROVED. DISADVANTAGES IF NOT APPROVED: TOTAL AMOi7N7' OF TRANSACTION: COST/REVENUE BUDGETED: FUNDING SOURCE: ACTIVITY MIMBER: FINANCL4L INFORMATION: (EXPLAII� INDEPENDENT SCHOOL DISTRICT NO. 625 01 �3t'� BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: January 25, 2000 TOPIC: Approval of Employment Agreement Between Independent Schooi District No. 625, Saint Paul Public Schools, and Minnesota Teamsters Local No. 320 Representing Food Service Employees A. PERTINENT FACTS: 'I ) New Agreement is for a two-year period from Juiy 1, 1999 through June 30, 2001. 2) Contract changes are as follows: insurance: Effective January 2000, the district contribution for single coverage is increased to $200; family coverage is increased to $350; effective January 2001, the district contribution for single coverage is increased to $215, family coverage is increased to $390. Waaes: Effective July 1, 1999, the salary schedule rates are increased by 3%. A one-year step was added to the Food Service Assistant and Food Service Helper schedules. The pay for Level 3 food manager certification was increased by $.10 to $.35. Food Service Assistants will receive an additional $.35 per hour responsibility pay when assigned to fill in for a supervisor. Retirees who return to work as temporary food service assistants will be paid on Step 1 of the Food Service Assistant schedule. Effective July 1, 2000, the salary schedule rates are increased by 3%. Comnarable Worth Adiustment: There is an additional salary schedule adjustment of .5% effective July 1, 1999, and .25% effective July 1, 2001 toward ongoing implementation of the districYs pay equity plan. Holidavs: Employees who work in 12-month positions will receive holiday pay for Christmas Day, New Year's Day and the Fourth of July. Employees who work summer school will be paid for the Fourth of July, beginning in summer 2000. Sick Leave and Personal Leave: Food Service Assistants and Food Service Helpers will begin accruing sick leave aRer one year of service. Employees may use up to two sick leave days per school year as personal leave. 3) The District has ihree hundred ninely (390) regular employees in this bargaining unit. 4) This request is submitted by Susan Gutbrod, Negotiations/Labor Relations Assistant Manager; Richard Kreyer, Executive Director of Human Resources and Labor Refations; and William A. Larson, Deputy Superintendent. 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 food service employees in this school district for whom the Minnesota Teamsters Local No. 320 is the exclusive representative; duration of said Agreement is for the period of July 1, 1999 through June 30, 2001. ��' � r I � 1999 - 2001 AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools � and MINNESOTA TEAMSTERS LOCAL NO. 320 Representing Food Service Personnel July 1, 1999 through June 30, 2001 � �u ��%�: �� i��`� �,�_ �� :! �i. �' Saint Pau/ Public Schools L 1 F E L O N G L E A R N 1 N G � � � � � � �� „ � � �� ., , ,�F �.. am9o i.� , r i.F. ��,��. I I��.iS�a N°ri � r� ��,. �luwme,aii.�ism� , ri IH., ��ar.r�� i " ,�i� � u., , _ � ,. �. .' .,." , � � �� e� a � � �' „ � . : . � . ' ' �, , . ' . � � � � � � , � , , �. 1 � , ' ' . , � ' I�� , . 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I.A', it;il.�,'�I � ��I.i�,.��o��'9Jd� Un�i++�id �.I;h;.i� .i. �i , �oo , � , . � ��. „ ,�� . � ► � i ARTICLE NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT CONTENTS PAGE Article 1. Definition of Agreement .............................................................................................i Article2. Recognition ................................................................................................................1 Article 3. Check Off, Fair Share ................................................................................................2 ARicle 4. Maintenance of Standards .........................................................................................2 Article 5. Non-Discrimination, Affirmative Action ......................................................................2 ' Articie 6. Holidays .....................................................................................................................3 Article Sick Leave .................................................................................................................3 Ar[icle8. Hours .........................................................................................................................4 Article9. Vacations ...................................................................................................................5 Articie10. Breaks ........................................................................................................................5 Article 11. Civil Service Examinations and Probation .................................................................6 Article 12. Seniority, Layoff and Recali ......................................................................................7 Article 13. Insurance Benefits .....................................................................................................8 Article 14. Working Conditions .................................................................................................11 • Article 15. Severance ................................................................................................................13 Article Court Duty ................................................................................................................13 Article 17. Discipline and Discharge .........................................................................................14 Article 18. Grievance Procedure ...............................................................................................14 Article19. Leaves .....................................................................................................................16 Article Uniforms ..................................................................................................................18 Article21. W ages .....................................................................................................................19 Articie 22. Duration of Agreement .............................................................................................20 Appendix Wages ....................................................................................................................21 � Memorandum of Understanding: Summer School Selection ........................................................23 Index ... ............................................................................................................................................ 24 • � 0�-38� ARTICLE 1. DEFfNITION OF AGREEMENT • SECTION 1. PARTIES. This Agreement is entered into between the Board of Education, Independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Soard of Education, and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 (certified in Case No. 81-PR-268-A on December 5, 1980, by the Director of Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Locai No. 320, pursuant to and in compliance with the Pubiic Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. SECTION 2. PURPOSE. The purpose of this Agreement is to promote orderiy and constructive relationships between the Board of Education, the employees of this unit, and Locai No. 320. ARTICLE 2. RECOGNITION SECTION 1. The Board of Education recognizes Local No. 320 as the certified exclusive representative for the following unit: All food service personnei in the titles contained in this Agreement who are employed by independent School District No. 625 and who are public empioyees as defined by PELRA. � SECTION 2. The Board of Education agrees that so long as Local No. 320 is the exclusive representative in accordance with ihe provisions of PEtRA, and as certified by the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section t of this Article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and co�ditions of empioyment for this unit. i ARTICLE 3. CHECK O�F, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments • and once each month dues from the pay of those employees who individualiy request in writing that such deductions be made, The amounts to be deducted shali be certified to the Employer by a representative of the Union and the aggregate deductions of all empioyees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. Any present or future employee who is not a Union member shali be required to contribute a fair share fee for services rendered by the tlnion. Upon notification by the Union, the Employer shall check off said fee from the earnings of the empioyee and transmit the same to the Union. In no instance shall the required contribution exceed 85 percent of the Union membership dues amount. This provision sfiatl remain operative onfy so long as specificaily provided by Minnesota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85 percent of regular membership dues, the fuli amount permitted by law may be assessed by the Union. SECTION 3. The Union wiil indemnify, defend, and hold the Schoo( District harmless against any claims made and against any suits insiituYed, and any orders or judgments issued against the School District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. ARTICLE 4. MAINTENANCE OF STANDARDS SECTION 1. The Employer agrees thai at! conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution tVo. 3250) at the time of signing of this Agreement, and the conditions of employment shali 6e improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTiCLE 5. NON-DISCRIMiNATION, AFFtRMATiVE ACTtON SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or non-membership, or because of race, color, sex, religion, national origin or political opinion or affiliations. SECTION 2. AF�IRMATIVE ACTION. None of the provisions of this Agreement shall be interpreted or implemented so as to be in contlict with or cause violation of the Districi's Affirmative Action Program as adopted bythe Board.' `Effeciive March 22, t984 � � o�- 38� ARTiCLE 6. HOLIDAYS • SECTION t. Regular or provisional employees working under the titles covered by this Labor Agreement, sha�l be eligible for six (6) holidays with pay (Labor Day, Thanksgiving Day, Friday following Thanksgiving, Martin Luther King Day, Presidents' Day, and Memorial Day), and in accordance with the following rules. Effective with the 1999-00 school year, employees who work in twelve (12)-month positions will receive hoiiday pay for Christmas Day, New Year's Day and the Fourth of July. Effective with the Year 2000 summer schooi, employees who work summer school will be paid for the Fourth of July. To be eligibie for holiday pay, employees must have been compensated for all scheduled hours of their last scheduled workday before the holiday and for their first scheduled workday following the holiday. if an employee is late by less than thirty (30) minutes on the scheduled work day before or the scheduled work day after the holiday, they will receive holiday pay. If one of the above listed holidays fafis on a day when school is in session, then the Food Service Director shall designate another day, when school is not in session, as a paid holiday, Ali employees will be expected to work on all days when school is in session, except when on approved teave. Hofiday pay will be paid on the basis of the employee's regulariy-scheduled number of hours in the workday. � ARTICLE 7. SICK LEAVE SECTION 1 ELIGIBILITY Subd. 1. Sick leave shall be provided for ihe 8aker, Food Service Supervisor 1, Food Service Supervisor 2, and Food Service Supervisor 3 ctassifications. Subd. 2. Sick Leave for Food Service Assistants 2.1 Food Service Assistants who work a minimum of eight (8) hours per day shali begin accruing sick leave upon completion of one (1) year of empioyment. 22 Food Service Assistants and Food Service Helpers who have been employed as reguiarly-certified or provisional Civil Service employees in the ciassification of Food Service Assistant or Food Service Helper for at ieast two (2) years and who have been regu{arly assigned three (3) hours or more per workday for the three (3) preceding months shall begin accruing sick leave. 22.1 Effective January 1, 2000, Food Service Assistants and Food Service Helpers who have been employed as regularly-certified or provisional Civil Service employees in the classification of Food Service Assistant or Food Service Helper for at least one (1) year and who have been regularly assigned three (3) hours or more per workday for the three (3) preceding months shal� begin accruing sick leave. SECTION 2. ACCRUAL. Eligible employees shall accrue sick leave at the rate of .0576 per • hour for each ful� hour paid, excluding overtime. In no case shall leave with pay be granted in anticipation of any future accumufation. ARTICLE 7. SICK LEAVE (continued) SECTION 3. REPORTING. All empbyees shall report sick leave as required in the Food • Service Procedure Manual. SECTION 4, Sick leave may be used for any of the following reasons: 1. Sickness or injury of the empioyee or employee's dependent children; 2. Death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, fafher-in-Iaw, grandparent or other person who is a member of the household; 3. Time necessary for off'�ce visits to physicians, dentisis or other health care personnei; or 4. In the case of sudden sickness or disability of a household member, up to four (4) hours for any one (1) instance; or 5. Effective January 1, 2000, employees may use up to two (2) sick days per school year for personal leave. Personal leave may be taken for any reason. If personal leave is used for non-emergency reasons, the empioyee must submit a request to the immediate supervisor ten {10) working days in advance of use. Approval of personal leave is subject to approval and the ability of the employer to cover work responsibilities. SECTION 5 . SICK LEAVE CONVERSION Accumulated sick leave in excess of one hundred eighty (180) days may be converted to vacation at the rate of two (2) days sick leave for one (1)-day vacation up to a maximum of five (5) days vacation time. Vacation is to be paid on the basis of regulariy scheduted hours per day. ARTICLE 8. HOURS � SECTION 1. This Section is intended to only define the normal hours of work and to provide the basis for the calculation of overtime pay. Notfiing herein sha(i be construed as a guarantee of hours of work per day or per week. SECTION 2. Overtime is to be paid at the rate of time and one-half {1-1/2) for all hours worked in excess of forty (40) hours per week. Overtime compensation due the employee shall be paid at the rafe herein cited or by graniing compensatory time on a time and one-half (1-1/2) basis if mutually agreed to by the District and the employee. • 0�-38� • ARTICLE 9. VACATIONS SECTION 1. Employees who are assigned to the District Administration Complex on a twelve (12)-month, full-time basis are eligible for vacation. Vacation credits shall accumulata at the rates shown below for each full hour on the payroll, excluding overtime: Years of Service 1st yearthrough 5th year 6th year through 15th year 16th year through 25th year 26th year and thereafter Hours of Vacation .0385 (80 hours) .0576 (120 hours) .0808 (168 hours) .0841 (175 hours) Calculations shall be rounded off to the nearest hour. Estimated hours shown above are based on a 2,080-hour work year. C � � SECTION 2. An employee may carry over one hundred twenty (120) hours of vacation into the following "vacation year." SECTION 3. For the purpose of this Article, the "vacation year' shall be January 1 through December 31. SECTION 4. The scheduling of vacation is subject to approval of the employee's supervisor. ARTICLE 10. BREAKS SECTION 1. All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. SECTION 2 . Breaks beside funch should be as follows: Hours worked oer dav Four (4) or more hours, but less than eight (8) hours Eight (8) or more hours Break Time One 15-minute break Two 15-minute breaks 5 ARTICLE 11. CIVIL SERVICE EXAMINATIONS AND PROBATION SECTION 1. CIVIL SERVICE EXAMINATIONS. Notice of Civil Service (Personnel) E�caminations for positions in the food production and service functions shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination, subject to the timely receipt of information. SECTION 2. PROBATION. The probationary period shail be iwelve (12) consecutive months from the date of appointment for positions in the titles Food Service Assistant and Food Service Helper. The probationary period, whether original or promotional appointment, for all other titles covered by this Agreement shall be six (6) consecutive calendar months from the date of appointment excluding holidays, school breaks, and leaves of absence. Extended absences of any kind lasting one {1) month or more in duration shall not be credited when caiculating time towards the completion of either the original or promotional probationary period. If the employee's service is found unsatisfactory by the Director of Food Service during the period of original appointment probation, the probationary employee may be discharged at the discretion of the Director of Food Service, prior to the end of the original probationary period. If the employee's service is found unsatisfactory by the Director of Food Service during the period of promotional appointment probation, the probationary employee shall be reinstated, at the discretion of the Director of Food Service, to his/her former position or to a position to which he/she might have been transferred or assigned prior to the promotion, prior to the end of the promotional probationary period. Discharge or reinstatement to a lower level position during or at the conciusion of the probationary period stated in this Section 2 is not grievable under Article 5, nor is it subject to other appeai. • � J • C1 B6 � . ARTICLE 12. SENIORITY, LAYOFF AND RECALL (Effective January 1, 1993) SECTION 1. SENIORITY Subd. 1. Seniority, for the purpose of this Article, shall be defined as follows: DISTRICT-WfDE SENIORITY is the fength of continuous, regular, and probationary service with the Employer from the date an employee was first certified and appointed to any class title covered by this Agreement, it being further understood that district-wide seniority is confined to the current class assignment held by an employee. In cases where two {2) or more employees are appointed to the same class title on the same date, the district-wide seniority shall be determined by the employee's rank on the eligible list from which the certification was made. BUILDING SENIORITY is the length of continuous, reguiar and probationary service with the Employer from the date an employee's first day of work at one specitic school district facility in a certified and appointed position in a class title covered by this Agreement, it being further understood that building seniority is confined to the current class assignment held by an employee. In the event an empioyee requests voluntary transfer and is then transferred from one location to another, the employee shall begin to accrue building seniority at the new location based on the date of assignment to the new location. In the event an employee is involuntarily transferred from one location to another (or iaid off and recailed to a different location), the employee shafl carry forward to the new assignment the seniority date held prior to the transfer. � In cases where two or more employees are assigned to the same location in the same class title on the same date, the employee with the greater district-wide seniority shaii be determined to have greater buiiding seniority. Subd. 2. Seniority shall terminate when an employee retires, resigns or is discharged. SECTION 2. LAYOFF Subd. 1. In the event it is determined by the Employer that it is necessary to reduce the workfiorce, employees will be laid off by class title based on inverse length of buildinq senioritv in that class titie. Subd. 2. Two (2) weeks of notice shall be-given to any empioyee laid off. SECTION 3. RECALL. Recall from layoff shaii be in order of greatest district-wide seniority, except that recall rights shall expire after sixteen (16) months of fayoff. Any employee is eiigible for recail to any position in his/her title at any focation, so long as the work hours do not exceed the employee's regularly scheduled hours prior to the Iayoff. A�y employee who refuses an offer of recail at any location shall forfeit all further rights to recalf. It is understood that a recalled empfoyee wiii pick up his/her former seniority dates in any class of positions covered by this Agreement and previously held. � ARTICLE 13. INSURANCE BENEFITS SECTION 1. ACTIVE EMPLOYEE INSURANCE Subd. 4. Active Emolovee Health Insurance. Health and Welfare benefits shall be provided in the form of premium contributions for eligible employees under the plan offered by Independent School Districl No. 625 for Civil Service personnel. Employees selecting a plan offered by a Health Maintenance Organization agree to accept any changes in benefits which the Health Maintenance Organization implements. Subd. 2. Eliaible emplovees. Employees who become eligible for medical and life coverage, shall be considered fuil-time if regularly assigned six (6) or more hours per day, and half-time if regularly assigned four (4) to six (6) hours per day. 2.1 For eligibie half-time employees who elect medical and Iife coverage, the Empioyer wilf contribute one half (112) of the amount available for fuli-time empioyees electing such coverage. 2.2 One (1) fuli month of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the DistricYs contribution of premium cost for insurance provided herein. Subd. 3 Active Emolovee Medical Insurance Emolover Contribution • 3.1 The Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $190 per month for each full-time employee who is eligible and elects such coverage; or up to $330 per month for each full-time employee who is eligible and • elects such coverage. 3.2 Effective Januarv 1. 2000, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $200 per month for each full-time employee who is eligible and elects emptoyee coverage or up to $350 per month for each full-time employee who is eligible and elects family coverage. 3.3 Effective Januarv 1. 2001, the Employer agrees to contribute to the premium cost of hospital and medical coverage up to $215 per month for each full-time emptoyee who is eligible and elects employee coverage or up to $390 per month for each full-time empfoyee who is eligible and elects farnily coverage. , Subd. 4. Active Emolovee Life Insurance. The Employer agrees to contribute to the cost for $25,000 of life insurance coverage up to $5.10 per month for each employee who is eligibfe for such coverage. 4.1 The amount of iife insurance specified in Subd. 4 shalt be reduced to $5,000 coverage upon early retirement and shall conti�ue until the early retiree reaches age siuty-five (65), at which time all Employervpaid life insurance shall be terminated. Subd. 5. Pavroll Deductions. Any premium costs in excess of the amounts stated above shall be paid by the employee, by means of payroll deduction. Subd. 6. Flexible S endin9 Account. It is the intent of the Empioyer to m8intain during the term of this Agreement a plan for medical and child care expense accounts to be available to active employees in this bargaining unit who are eligible for Employer paid � premium contributions for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. O!- 3 fsD • � ARTfCLE 13. INSURANCE BENEFITS (continued) SECTfON 2 RETIREMENT HEALTH INSURANCE Subd. 1. Benefit Eliaibilitv for Emolovees who Retire Before Aqe Sixtv-Five (651 1.1 Emolovees hired into District service before Januarv 1 1996, must have completed the following service eligibility requiremenis with Independent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Pau� Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with independent School District No. 625; B. C. D. E. i�% 1.3 Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service; or Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requ+rement of this Subdivision 1.1 B, C or D, but not Eor 1.1 E. Emolovees hired into Districi service after January 1. 1996 must have completed twenty (20) years ot service with {ndependent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. Eligibility requirements for all retirees: A. A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District ISo. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent Schoof District No. 625 heaith insurance program, or in any other Employer-paid health insurance program. L� C. Additional dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. The employee must make appfication through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. � ARTICLE 13. INSURANCE BENEFITS, Section 2(continued) Subd. 2. Emnlover Contribution Levels for Emolovees Retirinq Before Aqe Sixtv-Five (65) 2.1 Health Insurance Employer Confribution 22 Subd. 3. The District wiil for the period of this Agreement provide employees who meet the eligibility requiremenis for health insurance in 1.9 or 1.2 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same doliar amount as were made by the District for health insurance for single or family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment !n fhe event new carriers replace those in place at execution of this Agreement, the dollar amounts being paid for single or family coverage to the carrier at the employee's date of retirement shall conslitute the limit on future contributions. Any employee who is receiving famiiy coverage premium contribution at date of retirement may not later ciaim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. Life Insurance Employer Contribution The District will provide tor eariy retirees who qualify urrder the conditions of 1.i or 12 above, premium contributions for eligible retirees for $5,000 of life insurance only until their sixty-fith (65th) birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixry-five (65) or over. Benefit Eiioibilitv for Emplovees After Aae Sixty-Five (65) 3.1 EmpJoyees hired info the Disirict before Januarv 1 1996 who retired betore age sixty-live (65) and are receiving benefits per Subd. 2 above are eligible, upon reaching age sixty five (65), for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Emolovees hired into the District before Januarv 1 1996, who retire at age 65 or older must have completed ihe service eligibiiity requirements in Subd. 1 to receive District contributions toward post-age-65 healih insurance premiums. 3.3 Emplovees hired on or after Januarv 1 1996, shail not have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement ai age-sixty-five (&5) and over in Subd..4. Employeeg.,hired o,n or after January 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation matcfi in Subd. S. Subd. 4. Emplover Contribution Levels for Emolovees After Aae Sixtv-Five (651 4.1 Emolovees hired into the Disirict beiore Januarv i 1996, who meet the efigibility requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy wili not exceed: Coveraae Twe Medicare Eligible Non-Medicare Eligible Sinale Familv $300 per month $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discontinued. 10 • � • o�-3s� ARTICLE 13. INSURANCE BENEF�TS, Section 2(continued) • Subd. 5. Em�lovees hired after Januarv 1. 1996, after compietion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an Employer-matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more wiil be eligible for up to one half (50 percent) ot the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. ARTICLE 14. WORKING CONDITIONS SECTION 1. EMERGENCY CLOSINGS AND CALL IN • Subd. 1. If it becomes necessary or desirable to close a school as a resuit of an emergency, the effort shail be made to notify employees not to come to work. Employees not notified who report for work shall be granted two (2) hours' pay at their regular rate. Subd. 2. An employee who is expected to come to work on a regular workday, or who is called in to work at another time, shall receive a minimum of two (2) hours straight time pay for the work. SECTION 2. WORKSHOPS. Employees in the Food Service program ordered by the Food Service Director to attend Food Service workshops shall be reimbursed for the tuition of the workshop and the normal hourly rate for the time spent in the workshop. SECTION 3. MILEAGE. When an employee is required and authorized by the proper supervisor to use his or her personal vehicle in the interest of the Employer (i.e., trips to the bank, grocery store, etc.) mileage reimbursement will be paid at the current School District rate, and by the approval of the Food Service Director. SECTION 4. WORKING OUT OF CLASSIFICATION. Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the fuli-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purposes of this Article, the rate of pay Sor an out-ot-class assignment shaN be the same rate the employee wouid receive if he/she were promoted to the higher classification. � 11 ARTICLE 14. WORKING CONDITIONS (continued) SECTION 5 ADDITION OF REGULARLY SCHEDULED WORK HOURS Whenever � regularly-scheduled hours are added to an existing Food Service Assistant and Food Service Helper positions, the Food Service Assistant or Food Service Helper with the greatest building seniority regularly employed in that kitchen or facility wili be first offered the additional work hours, if that Food Service Assistant or Food Service Helper is listed for such consideration. Subd. 1. To be listed for additional hours consideration, a Food Service Assistant or Food Service Heiper must indicate in writing, at the start of the school year, to the Director of Food Service or to the designated immediate supervisor, the intention to be available for such additionat work time, Subd. 2. If a listed Food Service Assistant or Food Service Helper refuses additional regulariy- scheduled wark time, the Director of Food Service or designated immediate supervisor may remove that employee's name from the listing. Subd. 3. A reduction in reguiarly-scheduled hours to a position covered by this Agreement shall not be considered a layo#f, and is not subject to the provisions of Article S, Layoff and Recall. SECTION 6. REQUESTS FOR CHANGE OF LOCATION. Employees who wish to be considered for reassignment to another location should submit a written request to the office of Director of Food Service by April 1 of any year. The request should specify the location or area the employee preters. SECTION 7 FOOD MANAGER'S FOOD SAFETY CERTIFICATION �ood Service Supervisor 1 or 2. The District may determine that it is necessary to have Food • Service Supervisor 1 or 2 titles covered by this Agreement maintain the Saint Paul Manager's Certification (or a State of Minnesota Certification if reg�lation changes) as a requirement for holding these positions. The test or tests for the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes} will be taken on employee's time. Food Service Supervisor 3. The parties recognize and acknowledge that the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes) is a requirement for holding a position in the Senior High Food Service Supervisor and Food Service Supervisor 3 title covered by this Agreement, and will be a requirement prospectively for new appointees as weil. The test or tests for the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation changes) will be taken on employee's own time. • 12 d/-3�o ARTICLE 15. SEVERANCE � Subd. 1. The Employer shall provide a severance pay program as set forth in this Article. Subd. 2. Payment of severance pay shall be made within the tax year of the retirement as described in Business Office Rules. 7o be eligible for the severance pay program, the employee must meet the following requirements: 2.1 The employee must be fifty-five (55) years of age or older or must be eligible for pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). 22 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not eligible for this severance pay program. 2.3 The employee must have at least twenty (20) calendar years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this twenty (20)-year service requirement. 2.4 The employee must have accumulated a minimum of four hundred eighty (480) hours of sick leave credits at the time of separation of service. Subd.3. If an employee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equal to one- • half (1/2) of the houriy rate of pay for the position heid by the employee on the date of separation for each hour of accrued sick leave, subject to the maximum amount of severance in Subd. 4 of this Article. Subd. 4. The maximum amount of money that any employee may obtain through this severance pay program is $4,000. Subd. 5. For the purpose of this severance pay program, the death of an employee shali be considered as separation of empfoyment and, if the employee wouid have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. Subd. 6. For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. ARTICLE 16. COURT DUTY SECTION 1. Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his/her regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shaff be paid to the Empioyer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in � court as a juror or witness. 13 ARTICLE 17. DISCIPLINE AND DISCHARC�E SECTION 1. just cause. SECTION 2. ��) �2) (3) (4} (5) The Employer shali have the right to impose disciplinary actions on employees for Disciplinary aciions by the Employer shal! include only the following actions: Oral reprimand; Written reprimand; Suspension; Demotion; Discharge. L J SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the provisions of Article 5, Grievance Procedure of this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute. SECTION 4. PRELIMINARY REVIEW. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor wiil make a recommendation to his/her supervisor regarding proposed discipline. The supervisor will then schedule a meeting with the empioyee prior to making a finai determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. if the employee is unable to meet with the supervisor, the employee and/or union wili be given the opportunity to respond in writing. ARTICLE 18. GRIEVANCE PROCEDURE SECTION 1. This grievance procedure is established to resolve any specific dispute between the empioyee and the School District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided, however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms ofi fhe Agreement. ° ° SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such employees' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Employer. It is understood that the Empioyer shall not use the above limitation to hamper the processing of grievances. • • 14 �/-3�0 � ARTtCLE 18. GRIEVANCE PROCEDURE (continued) SECTION 4. A grievance shall be resolved in the following manner: Subd. 1. (Step 1) Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of ihis Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is fater, discuss the complaint orally with the representative designated by the Director of Food Service. The representalive of Director of Food Service shall attempt to adjust the complaint at that time. Subd. 2. (Step 2) A grievance not resolved in Step 1 and appealed to Step 2 shall be placed in writing setting forth the nature of the grievance, the facts on which it is based, the provision or provisions of the Agreement aliegedly violated, the remedy requested, and shali be appealed to Step 2 by the empfoyee within fifteen (15) working days after the Employer-designated representative's final answer in Step 1. Any grievance noi appealed in writing to Step 2 by the employee within fifteen (15) working days sha11 be considered waived. If appealed, the written grievance shall be presented 6y the employee and the Union and discussed with the Director of School Food Service (or representative designated by the Superintendent). The Director of School Food Service shall give the Union the Employer's Step 2 answer in writing within ten (10) working days following the presentation. Any grievance not appealed in writing to Step 3 by the employee and the Union within ten (10) working days after receipt ot the Employer's reply shall be considered waived. Subd. 3. (Step 3) If appealed, the written grievance sfiall be presented by the Union and discussed at an informal meeting within ten (70) working days of receipt of the written grievance, with the Superintendent of Schools or his/her representative. The Employer-designated . representative shall give the Union the Employer's answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Step 3 may be appeaied in writing to Step 4 by the Union wfthin ten (1 D) working days following the Employer-designated representative's final answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10) working days shall be considered waived. Subd. 4. (Step 4) A grievance unresolved in Step 3 and appeaied to Step 4 by the Union shali be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. if a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services, if the Union so requests within the specified ten (10) days. . SECTION 5. The arbitrator shal� have no right to amend, modify, nullify or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modffying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days foiiowing the ciose of the hearing or the submission of briefs 6y the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shafl 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. 15 ARTICLE 18. GRIEVANCE PROCEDURE, Section 5(continued) The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the � Employer and the Union, provided thai each party shall be resportsible for compensating its own witnesses. !f eiYher parry desires a verbatim record ot the proceedings, it may cause such a record to be made, providing it pays for the record. )f both parties desire a verbatim record of the proceedings, the cost shall be shared equaily. If a grievance is not presented within the lime limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, if shall be considered settied on the basis of the Employer's Iast answer. (f fhe Employer does not answer a grievance or an appeai thereof within the spec'rfied time limits, the Union may elect to process ihe grievance to the next step. The time limit in each step may be extended by mutual wri#en agreement ot the Employer and the Union in each step. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under any other procedure. it is further understood that if a specific matter is determined by some other procedure, it shall not again be submitted for review and arbitration under the procedures set forth in this Articie. ARTICLE 19. LEAVES SECTION 1. APPLYING FOR LEAVES. Applications for leaves must be submitted in writing to the Director of Food Service at least forry-five (45) calendar days prior to the proposed start of the • leave without pay and shall inciude the proposed period of the leave and purpose for the leave. The Director of Food Service wili repiy to leave requests within fifteen (15j working days after they are received in the Food Service Oi�ice. SECTION 2. SHORT-TERM LEAVES WITHOUT PAY, Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. � 16 �/- 380 ARTICLE 19. LEAVES (continued) • SECTION 3. LONG-TERM LEAVES WITHOUT PAY. Leaves of absence may be requested and are subject to approval of the Director of Food Services. A list of typical leaves is provided below. This list does not cover all possible reasons. • Physical or mental incapacity of the employee to perform their work efficiently, where the granting of a leave will permit the employee to receive treatment enabling them to return to School District service; • E4ection or appointment of a fufl-time, paid positio� in an organization or union whose members consist Iargeiy or exclusively of employees of the School District. • Education or training relating to the employee's regular duties or to prepare the employee for advancement; • Election of the employee to a School District or City of St. Pauf position; • Appointment of the employee to an unclassified School District or City of St. Paul position; • Disability or injury received in the pertormance of duty not due to the negligence of the employee for the period ot the employee is receiving compensation payments from the School District for temporary partial disability or temporary tota� disability; • Parental leave upon the request of the employee. Subd. 1. For a leave of six (6) months or longer, the employee must provide written notification to the Director oi Food Services, indicating hisJher specific inient to conclude the leave and be available to return to active service as of the termination date specified in the leave. This written notification must be received by the Director of Food Services no later than two (2j months prior to � the originally-scheduled date of the leave termination. Su6d. 2. Employees returni�g from leave will be placed in the next available vacancy in iheir job title. Subd. 3. Employees who return to service under the provisions of this Section wil� retain their former seniority. SECTION 4. MILITARY LEAVE. Pursuant to and within the limits of the requirements of Minnesota Statute § 192.26, employees shall be granted military leave for up to fifteen (15) days in any calendar year for required military service. SECTION 5. FAMILY MEDICAL LEAVES. Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. � 17 ARTICLE 20. UNIFORMS SECTION 1. Subd. 1. The Employer will provide three (3) uniform pieces to each employee per school year. Selection and composition of uniforms is the Employer's option. 1.1 Employees who work in the District Kitchen will be provided five (5) uniform pieces per schoo! year. Subd. 2. The Employer will provide five (5) uniform pieces at start-up for new employees. Subd. 3. A uniform piece for the purpose of this Article shall be defined as any one of the following items as designated by the Food Service Director for that iocation: 1) shirt/tops; 2) slacks/pants; 3) aprons. Employees will have the flexibility to select any combination of uniform pieces each school year, so long as the uniform pieces selected are part of the approved uniform for that location. SECTION 2. An employee who has received uniforms and then terminates employment for any reason after less than six (6) futl months of active employment, is obligated to retum the uniforms to the School Food Service. If the uniforms are not returned, 90% of their costs will be deducted from the final paycheck of the terminating employee. � C � � 18 �!- 38�0 • ARTICLE 21. WAGES SECTION 1. The pay rates shall be those described in Appendix A. SECTION 2. Subd. 1 Initial Placement on the Salarv Schedule When an employee is originally hired or moves from another unit into a title covered by this agreement or moves from one title covered by this agreement to a different title under this agreement, initial step placement wilt be conducted as described by Civil Service Rules, unless the labor agreement contains a provision describing an alternative action. The labor agreement supersedes these provisions of Civil Service Rules. A newly hired person regularly appointed in the Food Service Assistant or Food Service Helper classifications will normafly start at the base rate. A newly hired person regularly appointed in other titles covered by this agreement will typically staR at the Base Rate for that title. A person appointed on a temporary basis normaily will be paid at the temporary rate. The only exception is for retirees returning to work as temporary employees as described in Appendix A, Wage Schedule Conditions. Subd. 2 Steo Placement on the Salarv Schedule for a Promotion � The Human Resource Department wiil determine the step placement for a promotion from one title in tfie District to a title covered by this Agreement. The step pfacement wiil be determined by multiplying the hourly rate of pay the person was receiving prior to the promotion by 1.05 (a 5% increase). The person will be placed in the new title following promotion at the first salary step that is equal to or greater than the rate calculated when multiplying the previous rate by 1.05. For example, is the person was making $10/hr before the promotion, the Human Resource Department would multiply $10/hr x 1.05 =$10.50/hr. Then the person would be placed on the step in the new title that was closest to but not less than $10.50/hr. � Subd. 3. Salarv Step Progression Progression through the steps of a salary range in this contract will be based on the following conditions: Employees must have received an overali rating ot "satisfactory' on their most recent performance evaluation to receive any salary step advancement. Movement to pay columns beyond the base rate will normally occur on the first pay period following the anniversary date of the appointment to the new title, providing that the employee has completed the number of years in the District required for that step. For example, an employee hired on September 10, 1997, would move to the two (2)-year step the first pay period following September 10, 1999, and then to the four (4)-year step the first pay period following September 10, 2000. SECTION 3. During the term of this Agreement the Board may at its discretion unilaterally increase the pay rates provided in Appendix A, to come into compliance with the requirements of the Minnesota Pay Equity Act. 19 ARTICLE 22. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 1999 through Ju�e 30, 2001, except as otherwise specified herein, and shalt automatically be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new Agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. FOOD SERVICE PERSONNEL AGREEMENT This Agreement is by and between Independent School District No. 625 and Minnesota Teamsters Public and Law EnforcemeM Empioyees Union Lxal No. 320, on behaB of Food Service Personnel. In full settlement of 1999-2001 negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approval and adoption by the Board of Education of Independent School District No. 625, as weli as raYrfication by the Union. INDEPENDENT SCHOOL DISTRICT NO. 625 �� ' � Chair, B d of Education � xe utive Director, u n Resources and Labor Relations , ) ti egotiations/L r Relations Assistant tvianager �� 1 �0, a�c•o �ate MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 Business Age til0.�c.�,� .rkl Da e � � � • � DI - 38'0 APPENDIX A: WAGES • Food Service Assistants EFFECTIVE BASE DATE RATE July 1, 1999 $8.73 July 1, 2000 $9.01 Food Service Heloers EFFECTIVE BASE DATE RATE July 1, 1�� $7.75 1-YR. 2-YR. RATE RATE $9.53 $10.33 $9.84 $10.67 1-YR 2-YR. RATE RATE $8.47 $9.18 20� July 1, }998 $8.00 $8.74 $9.48 4-YR. 6-YR. RATE RATE $10.69 $11.04 $11.04 $11.40 4-YR. 6-YR. RATE RATE $9.49 $9.80 $9.80 $10.12 8-YR. 10-YR. RATE RATE $11.40 $11.74 $11.77 $12.12 16-YR. RATE $12.23 $12.63 Line Leader Premium A Food Service Assistant working in the District Kitchen who is assigned by the Director of Food � Service as Line Leader for a particular function will be paid a premium of forty cents ($.40) per hour over his/her regular hourly rate while performing the Line Leader duties. Line Leader assignment wiil be made or discontinued at the discretion of the Director of Food Service. Supervisor Fi11-in Pav Food Service Assistants who are designated to fill in for a supervisor when the supervisor is not at the site tor the entire day shall be paid a premium of thirty-five cents ($.35) per hour over hislher regular hourly rate of pay. This premium shall not be paid when a Food Service Assistant is receiving out-of-class pay. W aqe Scheduie Conditions - Food Service Assistant Persons working on an occasional basis in the Food Service Assistant classification as temporary, provisional, or substitute employees shall be paid at $7.0� hourly. Efiective Aoril 1, 1996. the only exception is for former employees of the Saint Paul Public School Food Service pepartment who retired with at least five (5) years of District Food Service experience, and who return on an occasional basis in the Food Service Assisiant classification as temporary or substitute employees shall be paid at the Ye�t-� Rate of the Food Service Assistant wage schedule. � Y� Persons newly employed in the Food Service Assistant or Food Service Helper classifications on a regularfy-scheduled basis, shall be paid at the Base Rate until such time as the employee shall have passed the Civil Service examination for the classification, been certified and appointed to a regularly-scheduled position. • Movement to pay columns beyond the base rate shall be based on completion of the specified number ot years of continuous regular empioyment trom the date of certification/aopointment. 21 APPENDIX A: WAGES (continued) Baker EFFECTIVE BASE 2-YR. 4-YR. DATE RATE RATE RATE July 1, 1999 $12.67 $13.38 $14.09 July 1, 2000 $13.08 $13.81 $14.55 Food Service Suoervisor t EFFECTIVE BASE 2-YR. DATE RATE RATE July 1, 1999 $11.31 $11.96 July 1, 2000 $11.68 $12.35 Food Service Suoervisor 2 EFFECTIVE BASE DATE RATE July 1, 1999 $12,28 July 1, 2000 $12.68 Food Service Suoervisor 3 EFFECTIVE BASE DATE RATE JUIy 1, 1999 $13.64 Juiy 1, 2000 $14.08 2-YR. RATE $13.04 $13.47 4-YR. RATE $12.50 $12.91 4-YR. RATE $13.70 $14.14 6-YR. RATE $14.39 $14.85 6-YR. RATE $13.04 $13.47 8-YR. 10-YR. 16-YR. RATE RATE RATE $14.73 $14.98 $15.41 $15.20 $15.47 $15.91 8-YR. 10-YR. 16-YR. RATE RATE RATE $13.37 $13.86 $14.68 $13.80 $14.31 6-YR. 8-YR. 10-YR. RATE RATE RATE $14.35 $14.78 $15.38 $14.81 $15.26 $15.88 2-YR. 4-YR. 6-Y R. 8-YR. RATE RATE RATE RATE $14.46 $15.11 $15.87 $16.30 $i4.93 $15.60 $16.38 $16.83 10-YR. RATE $17.01 $17.56 � $15.16 16-YR. RATE $16.33 $16.86 . 16-YR. RATE $17.97 $18.56 Minnesofa Professional' DeVeboment Plan For Schoot Food Service And Nutrition - Level 3 Certification Premium When a regularly (civil service) certified and appbinted employee has completed the credit hours required for Level 2 of the American School Food Service Certificztion Program for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional thirty-five cents ($.35) per hour premium over and above his/her normal biweekly rate of pay for ail hours on the payroll so long as the employee maintains a current Level 2 certification. Payment of the thirty-five cents ($.35) per hour premium shail become effective within thirty (30) days after the employee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed �evel 2 certification. Employees must maintain current Level 2 certification and show evidence of the renewed certification to be eligibie for continuation of the premium. • 22 �l-3�� • � � 1999-2001 MEMORANDUM OF UNDERSTANDING REGARDING SUMMER SCHOOL SELECTION FOR MINNESOTA TEAMSTERS LOCAL NO. 320 REPRESENTING FOOD SERVICE PERSONNEL This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 825, Saint Paul Pubiic Schoois, and Minnesota Teamsters Local No. 320, exclusive representative for food service employees in the Saint Paul Pubiic Schools. The purpose of this Memorandum is to estabiish a clear understanding between the parties regarding the selection of employees for the School DistricYs summer schooi program. Statement of intent and Puroose It is the intention of the Employer, during the tertn of this Memorandum of Understanding to use the foilowing criteria for selection of employees for the summer school food service program: 1) Employment date of seniority; 2) Completion of the probationary period; 3) A satisfactory last performance appraisal. It is further understood that employees who work in the District Kitchen during the reguiar school year may apply for summer work only in the District Kitchen; employees who work in the schoois may apply for summer work only in the schools. Employees whose assignment during the regular school year is split between the District Kitchen and the schools may apply for summer work in either the District Kitchen or the Schools. Empioyees in other food service groups will continue to be eligible for summer work under the provisions outlined above. All employees must adhere to sign-up times and dates as estabiished by the Director of Food Service. This Memorandum of Understanding shall be effective as of January 29, 1998, and shall expire on June 30, 2001, INDEPENDENT SCHOOL DISTRICT NO. 625 'E74 �ll Chair, B d f Ed ation � xec tive Director, Hu � Resources and L,abor Rela ons . 4�.1i>� Negotiation abor Relations Assistant Manager J'J'�� o 2C, �co0 Date MINNESOTA TEAMSTERS PUBLIC AND LAW FORCEMENT EMPLO EES UNION LOCAL NO. 3� Business Age �.�. . n �O Date 23 INDEX A Additional Work Hours ...............................12 B Breaks.........................................................5 C Court Duty ..................................................13 O Discharge ..................................................14 Discipline ...................................................14 E Emergency Closings and Caii In ...............11 F Fair Share ....................................................2 Family Medical Leaves .............................. t7 Flexible Spending Account ..........................8 Food Manager's Food Safety Ceriification 12 G Grievance Procedure .....................14, 15, 16 N Holidays .......................................................3 Hours...........................................................4 / Insurance .....................................8, 9, 10, ti L Layoff ........................................................... 7 Leaves.................................................16, i7 Line Leader Premium ................................21 Long-Term Leaves ....................................17 LunchBreak ................................................5 M Mileage ...................................................... i 1 Miiitary Leave ............................................. i 7 O Overtime......................................................4 P Probation ......................................................6 R Recall...........................................................7 Requests For Change of Location .............12 Retirement Health Insurance .......................9 Retirement After Age 65 .........................10 Retirement Before Age 65 ..................9, iQ S Salary Schedule Placement .......................19 Salary Step Progression ............................19 Seni o rity ....................................................... 7 Seve rance ..................................................13 Short-Term Leaves ....................................16 SickLeave ...................................................3 U Uniforrns ....................................................18 Union Membership .......................................2 V Vacation.......................................................5 W W ages ...........................................19. 21, 22 W orking Conditions .............................1 t; 12 Working Out Of Classification ...................11 Workshops .................................................11 • • � 24