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266155 WHI7E - CITV CLERK COUIICll 26s155 PINK - FINANCE GI�TY OF SAINT PAITL CANARV - DEP.�RTMENT BLUE �-MAY� . File NO. • � Or i nce Ordinance N 0.���0� Presented By Referred To Committee: Date Out of Committee By Date An Administrativ�e Ord:inance approving the terms and conditions of Collective Bargaliling Agreero�ents between Indepeadent 3ehool District No. 625 and Suburban 9chool E�nployees I,ocal No. 284 S.E.I.U. Ak'l+-CIO fer the period �eptem'ber 1, lgTS thru January 2, 1976. Wf�S, The Council, pursuant to the provisions of 3ection 12.09 of the Saint Paul City Charter and the Public �nploy�ees babor 8elations Act of 1971� as amended, recognizes the Suburbari Schc�l B�rp].oyees Local I(o. 28�+ as the exclusive representative for those elasses of positions within the City of Saint Paul certified by the Bureau oF Mediation 3ervices under Case 1Q�. 75-PR-284-A for the purpose of ineeting and negotiating the terms and conditions oP e�nploymeat for a11 personnel in the classes of positions as set forth in the Agreements between the Independent 3chool District No. 62� and the exclusive representatives hereinabov�e referenced; and W�AS, The City through clesignated representatives and the exclusive representatives have met in good faith and have negotiated. the terms and conditions of em�ployment for the period September l� 1975 thru January 2� 1g76� for auch personnel, as are set forth in the Collectiv�e Bargaining Agreements between the Independent 5chool District No. 625 and �acclusiv�e representativ�ea; z�aw� th�refore � C�tJNCIL OF Tf� CITY OF SAINT PAUL DOES ORUAII�T: 8esti�n l. That the Colle¢tive Bargain� igree�enta dated as of the - effective date of this Ordinance, between the Tnd.ependent School Dietrict _ �� 625 and the Suburban School �ployees &�cal No. 284, on file in tha . t�'Pfice of the City Clerk, is hereby approved� a� the �uth�orized ada�i$- -- istrativ�e offYcia].s of the City are hereby authorized and directed to e�ecu.te said Agre�nents on behalf oP th�e City. f _ 1 _ COUNCILN[EN Yeas Nays Requested by Department of: � Christensen Hozza In Favor Levine Rcedler Against BY Sylvester Tedesco President Hunt Form Approved by City Attorney Adopted by Council: Date Certified Passed by Council Secretary BY BY Approved by Mayor: Date Approved by Mayor for Submission to Council By BY WH17E - CITV CLERK ���+ � PINK - FINANCE GITY OF SAINT PAITL Council 1 CANARY -DEPqRTMEjJT BLUE '- Mnrc� � File NO• � • Or in�nce Ordinance NO. t5qc�3 Presented By Referred To Committee: Date Out of Committee By Date 3ection 2. That all of the term,s and cond3.tions set forth in said Collective Bargainin$ Agreements except for the wage schedules contained in Appendix B of said agreea�ents sha11 take ferce and effect retroactive�y to Septe�ber l, 1975. Section 3. qRiat the wag� schedul.es co�ai.ned. in Appendix B of said Agreements shall take force and. effect retroaetiv�e]y to Jarivary 4, 1975, in accordance with the expressed intent and agreement of the Council con- tained in Council File I�o. 264748. Section �. That ar�y other Ord3nance, rule or regulation in force when said Agreements take effect, inconsistent with a�y provision of the terms and conditions oP said Agree�nts is hereby repealed.. 8ection 5. That this �rdinance shall take effect and be in force thirty (30� days af`ter its passage, approval asd publication. ApProved: Chairman Civil Se ce C.�ission COUNCILMEIV Requested by Department of: Yeas Nays Christensen �b� Hunt � In Favor Levine Rcedler � Against BY � A n_e..:aant �► -- Adopted by Counc' ' ate � �� �� Form ed y ' y . Certified P sed b ncil S cretary By Approv Mayor: Date ; ` Approve by r for C nci By . �UB�fst1E� v ��'7s � �r� . �1.0 . l5q03 f � 2�6155 AGREEMENT . Between ;, r INDEPENDENT SCHOOL DISTRICT N0. 625 And SUBURBAN SCHOOL EMPLOYEES LOCAL NO. 284 � S.E. I.U. AFL-CIO Representing Food Service Personnel � j , � � FOOD SERVICE FERSONNEL AGREEMENT 266155 THIS AGREEMENT BY AND BETWEEN INDEpENDENT SCHOOL DISTRICT N0. 625, THE CITY OF SAINT PAUL, AND SUBURBAN SCHOOL EMPLOYEES I�OCAL N0. 284, S.E. I.U. AFL-CIO, ON BEHALF OF FOOD SERVICE PERSONNEL. In full settlement of 1975 negotiations between the he.��in 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 DIS- , TRICT N0. 625, the CITY COUNCIL, the CITY ADMINISTRATION, and the CIVIL SERVICE COMMISSION, as well as ratification by the UNION. Independent School District No. 625 Suburban School Employees Local 284 S.E. I.U. AFL-CIO Negotiator s Business Rebresentative Chairman, Board of Education Steward Chairman, City Council, St. Paul Steward Da te Da te . � , AGREEMENT 266155 ARTICLE 1. Definition of Aqreement A. PARTIES: THIS AGREEMENT, entered into between the Board of Education, Independent School District No. 625, �t. Paul Minnesota, as represented by the City of Saint Paul, herein- after referred to as the Board of Education, and Suburban School Employees Local No. 284, S.E. I.U. (certified by the Director of the Bureau of Mediation Services as the exclu- sive representative) , hereinafter referred to as Local No. 284, pursuant to and in compliance �with the Public. Employ- ment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. B. PURPOSE: The purpose of this agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and LocaZ No. 284. ARTICLE II. Recoqnition , A. The Board of Education reeogni�es Local No. 284 as the certi- . fied exclusive representative for the following unit: All food service personnel employed by Independent School District No. 625 whose terms and conditions of employment are � established by the City of St. Paul Civil Service Department, who are em- ployed for more than 14 hours per week and more than 100 work days per year- excluding those employees in the classi- fication of Cook Manager I, Cook Manager II and Cook Manager III, and supervisory and confidential employees. B. The Board of Education agrees that so Zong as Local No. 284 is the exclusive representative in accordance with the pro- visions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, State of Minnesota, for all - personnel defined in Section A of this Article, that it will not meet and negotiate with any other labor or employ- ee organi�ation concerning the terms and conditions of em- ployment for this unit. •-:i1�;,L .iii. �hecx off - Fair Share . � A- The Employer agrees to deduct the Uni ������ on membership initiation fee ��ssessments and once each month dues from the pay of those employees who individually request in writing that such deduc- tions be made. The amounts to be deducted shall be c�rtified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemi�ed statement 'to the representative by the first of the succeeding month after sucn deductions are made or as soon thereafter as possible. B. Any oresent or future employee who is not a Union member shall be reauired to contribute a fair share fee for services render- , ed by the Union. Upon noti€ication by the Union, the employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the re- auired contribution exceed a pro rata share of the specific expenses rendered by the representative in relationshi� to negotiations and administration of grievance procedures. This provision shall remain operative only so long as speci- fically provided by Minnesota law, and as otherwise legal. C- The UNION will indemnify, defend and hold the City and School District �armless against any claims mac2e and against any suits instituted, and any orders or judgments issued against the City and School District, their officers ar emnloyees, by reason of negligence of the UNION in reRUesting or receiving deductions under this Article. ' -�_ � 25�155 ARTICLE � IV. Maintenance of Standards G, The City agrees that all conditions of employment relating to _ wages, w�rk, overtime differentials, vacations and gener'a� work- ing conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of St. Paul (Ordinance No. 3250) and Ordinance No,`:�446 at the time of signing of this Agreement, and the conditions of emgloyment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. _ -3- . � ARTICLE V - GRIEVANCE PROCEDURE - FOOD SERVICE PERSONNEL - ��7..i�/��� �.. • A. `lizis grievance procedure is established to resolve any sAecific dispute between the emvZoyee and the City or School Dis- :. .. trict concerning, and limited to, the interpretation or application of the tirovisions of this Agreement. B. An emnloyee Aresenting a grievan�e may elect to be rez�resented by an an,oropriate Union Rer�resentative. At Steti 1 or Stev 2 of the Grievance Procedure, the em�loyee may choose to oresent his grievance without being represented by a Union Repre- sentative, vrovided, however, that the Union Representative shall be notified of the adjustment or settlement of any SteA 2 griev- � . ance and �rovided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement. C. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by job duties and responsibilities of the Employees and shall there- fore be accomplished during normal working hours when consistent with such Employee duties and responsibilities. The aggrieved Emtiloyee and a Union Representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and Dresented to the Employer during normal working hours provided that the Emnloyee and the Union Representative have notified and received the approval of designated supervisor and provided that -4- ______-------__ 266155 ' such absence is reasonable and would not be detrimental to the work vrog�-ams of the Employer. It is understood that the Emr�loyer �,.. shall not use the above Zimitation to hamper the �rocessing of grievances. ;. � D. A grievance shall be resolved in the following manner: (Steti 1) . Any employee claiming a specific disagreement concerning the interpretation or application of the provisions of this Agree- ment, shall, within twenty (20) working days of its first occur- rence or within ten (10) working days of the time the employee reasonably should have knowledge of the occurrence, whichever is later, discuss the complaint orally with the employee' s school ,Cafeteria Manager (or representative designated by the Director of Food Service) . The school Cafeteria Manager (or representative of Director of Food Service) shall attempt to adjust the comnlaint at that time. (Sten 2) . A grievance not resoived 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 Aro- visions of the Agreement allegedly violated, the remedy requested, and shall be appealed to Step 2 by the employee within fifteen (15) -working days after the Employer-designated representative' s final answer in Step 1. Any grievance not appealed in writing to Step 2 by the employee within fifteen (15) working days shall be considered waived. -S- . 266�55 • ' t1fC�l��1�,LL. �V l.(Jil l..� C1. If appealed, the written grievance shall be presented by 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 Em- .` y ployer' s Step 2 answer in writing within ten (10) working days following the presentation. Any grievance not avpealed in writing to Step 3 by the employee and the Union within ten (10) working days after receipt of the employer' s reply shall be considered waived. (Step 3) . If appealed, the written grievance shall be presented by the Union and disc.ussed at an informal meeting within ten (10) working days of receipt of the written grievance, with the Suner- � - intendent of Schools or his representative. The Employer-desig- nated 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 appealed in writing to Step 4 by the Union within ten {10) working days following the Employer-designated representative ' s final answer in Step 3. Any grievance not apnealed in writing to. Step 4 by the Union within ten (10) working days shall be considered w.aived. (Step 4) . A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutually acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the pro�cedures of the Minnesota Bureau of Mediation Services. --- - - - 26s155 � E. The arbitrator shall have no right to amend, modify, nullify, �,�r 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 con- trary to, or inconsistent with, or modifying or varying in any way the avplication of laws, rules, or regulations having the force and effect of law. 'I'he arbitrator' s decision shall be submitted in writing, copies to both parties and the Bureau of }�iediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, which- ever be later, unless the parties agree to an extension. �he decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator' s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator' s services and proceedings shall be borne eaually by the Em�loyer and the Union vrovided that -each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a r-�cord to be made, vroviding it pays for the record. If both parties ' _-, � �ss�.�5 desire a verbatim record of the proceedings, the cost shall be shared er_ :ally. . If a grievance is not presented within the time limits set forth above, it shall be considered "waived" . If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the Employer' s last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limit the Union may elect to process the griev- ance to the next step. The time limit in each step may be ex- tended by mutual written agreement of the Employer and the Union �.n each step. It is agreed by the Union and the Employer that, if a sneci- fic grievance is determined by this grievance process, it shal.l not again be submitted for consideration under the provisian of the Rules and Regulations of Civil Service. It is further under- stood that if a specific grievance is submitted and determined by a grievance procedure under the Civil Service Rules and Regu- Iations, it shall not again be submitted for review and arbitra- tion under the procedures set forth in this Article. ' �� ARTICLE VI 2s6155 Neither M1��e UNION nor the EMPLOYER shall discriminate against any employee because of UNION membership or nonmembership, or .. -- because of his race, color, sex, religion, national origin, or political opinion or affiliations. ARTICLE VTI: HOLIDAYS � � � Employees working under the title Food Service Aide, Cook I, and Baker I, sha11 not be eligible for any holidays with pay. A11 other regular or provisional employees in the Bargaining Unit shall be granted holidays off with pay provided, however, that �their name has appeared on the pay roll on any six working days of the nine working days Qreceding the holiday; or on the last working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall a holiday be counted as a working day. The following days are declared to be the holidays: New Year' s Day January 1 Washington' s and Lincoln' s Birthday Third Monclay in February Memorial Day Last Monday in May . Indenendence Day July 4 Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veteran' s Day November 11 . . '9- .._._.`....... w ..� ��.Uiii.. t.i. j � 265155 Thank�giving Day - Fourth Thursday in November Ch�is°mas Day December 25 ,� .. If one of the above listed holidays falls on a day when school is in session, then the Food Services Director shall designate another day when school is nat in session, except when on approved leave, In addition, a floating holiday is to be granted emnloyees in the Cook II and Baker II classification sub�ect to prior approval of the employee' s supervisor. To be eligible for the floating holiday, a regular or provisional employee must work at least an ec�uivalent of four bi-weekly pay periods (320 � .. � hours) . Employees who work an equivalent of 13 full bi-weekly pay periods (1040 hours) shall receive an additional floating holiday. Holiday pay will be paid on the basis of the employee ' s regularly scheduled number of hours in the work day. - -10- ' ARTICLE VIII. Sick Leave � � � 2ss155 A. Sick leave shall continue to be provided for the classifiea- - tion�'' of Cook II and Baker II in accordance with Civil Serv- ice r•egulations. � r B. It is also agreed that employees in the classifications of Cook I and Baker I shall be entitled to sick leave in accord- ance with Civil Service Regulations.• , . C. It is also agreed that Food Service Aides who have been emplay- ed as regularly certified or provisional Civil Service employ- ees in the classification of Food Service Aide for at least two (2) school years and who have been regularly assigned � five (5) hours or more per work day for the three (3) pre- ceeding months shall begin accruing sick leave. They shall continue such accrual only so long as they are assigned five (5) or more hours per work day. Accrual in such cases shall be on the basis of a pro-rata portion of the day worked. ARTICLE IX. Hours - Overtime A. HOURS: This section is intended only to define the normal �ours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. � -ii _ � . � ���155 The normal work day shall be eight (8) hours of work and the ��ormal work week, regardless of shift arrangements, shall be an average of forty (40) hours of work, ,. ,. B. OVERTIME: Overtime is to be paid for at the rate of time and one-half (12) for all work in excess of an eight (8) hour workday, or for time on payroll, or for hours in excess of forty (40) hours per week. � � " ARTICLE X. VACATIONS: Vacations shall be earned by eligible employees (Cook II and Baker IT only) on the basis of the Civil Service formula stated , in Appendix A attached. ARTICLE XI. LUNCH BREAK: Al1 employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. ARTICLE XII. Notice of Civil Service (personnel) Examination shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination. ARTICLE XIII, LAYOFF NOTICE: Whenever possible, two (2) weeks notice shall be given any em�loyee laid off. , � � �_——— •� at.ti /Jl..ilV L 1 1�� � � 2s6155 A. Hosvitalization and Life Insurance: Health and Welfare bene{ � ts shall be �rovided for eligible emDloyees under �,:. the x�lan carried by tne city ot St. Paul and Index�endent 5chool District ##625 for Civil Service Personnel. ;' "� ARTICLE XV. WORKING CONDITIONS: � - ' (a) Emerqency Closinqs: If it becomes necessary or desirable to close a school as a result of an emergency, the effort shall be made to notify employees not to come to work. Emnloyees not notified who report for work shall be granted two (2) hours pay at their regular rate. (b) Workshops: Employees in the food service program ordered by the food service director to attend food service work- shons shall be reimbursed far the tuition of the workshoo and the normal hourly rate for the time spent in the work- shop. _ -13- . � �ss�55 (d) Working out of Classification: Emoloyer shall avoid, when ever possible working an employee on an out-of-class assign- men��'� for a prolonged period of time. Any employee working an �ut-of-class assignment for a period in excess of fifteen .. .- (15) working days during any fiscal year of employer, shall receive the rate of pay for the out-of-class assignment in higher classification not later than the sixteenth day of such assignment. For purposes of this article, an�out-of- class assignment is defined as the full-time performance of all of the significant duties and responsibilities of a classification by an individual in another classification. For the purpose of this article, the rate of pay for an , out-of-class assignment shall be the same rate the eFnployee would receive if he was promoted to the higher classifica- tion. ARTICLE XVI, COURT DUTY: Any employee who is required to appear in court as a juror or as a subpoenaed witness shall be paid his regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the union against the em�loyer. Any fees that the emnloyee shall receive from the court for such service shall be paid to the em- ployer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduZed to work the normal daytime shift during such time as he is rec�uired _ _., n to appear in court as a juror or witness. . 266155 ARTICLE �::�VII. SICK LEAVE CONVERSION: Accumulated sick leave in excess of 180 days may be converted to vacation at the rate of 2 days sick leave for l day vaca- tion up to a maximum of 5 days vacation time. Vacation is to be paid on the basis of regularly scheduled hours oer day. ARTICLE XVII2. HEALTH INSURANCE PROVISION FOR RETIREES: The district will provide paid health insurance for those who retire prior to age 65, and who are receiving a PERA pension provided they are eligible and covered at the time , of retirement, to be continued to age 65. This provision shall be applicable to any employee who retired on or after January 1, 1973, except that prior to January 1, 1974, the District will not be responsible for premiums. The employ- ees must apply for this coverage prior to the date of retirement in order to receive the benefit. ARTICLE XIX. DISCIPLINE AND DISCHARGE Section 1_ The Employer shall have the right to . impose discipli- nary actions on employees for just cause. Section 2. Disciplinary actions by the Employer shall include only the following actions: -15- , (1) Ora 1 reprimand 2��155 (2) Written reprimand � (3) Suspension (4) Demotion :•.•- (S) Discharge � Section 3. Employees who are suspended, demoted, or discharged shall have the right to reauest that such actions be�`�reviewed by the Civil Service Commission, or a designated Board or Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge. No appeal of a suspension, demotion, or , discharge shall be considered a "grievance" for the purpose of processing through the provisions of ARTICLE V (GRIEVANCE PRO- CEDURE) . Section 4. Discharges will be preceded by a five (5) day pre- liminary suspension without pay. During said period, the employ- ee and�or UNION may reQuest, and shall be entitled to a meeting with the EMPLOYER representative who initiated the suspension with intent to discharge. During the five (S) day period, the EMPLOYER may affirm the suspension and discharge in accordance with- the Personnel Rules or may modify, or withdraw same. ARTICLE XX. LEAVES Leaves of absence may be re�ruested, on the basis specified in Civil Service Regulations. ' _ic,_ . �ri;i i�:i,� ?iiii, iiiv ir'l1Ki�1 HLLIJWHLVC:�. 2�s155 Effective September 1, 1975, Food Service Aides shall receive a uniform a` lowance of 2fi per hour, to be paid cumulatively at one time,� in the pay period ending on January 2, 1976. Effective September 1, 1975, Cook I and II anci Baker I and''II classitications shall receive a uniform allowance of lfi per hour, to be paid cumulativel�� at one time, in the pay period ending on January 2, 1976. IIniform choice is the 'employee's option. ARTICLE XXII WAGE SCALE: See Ap�oendix B. � ARTICLE XXIII DURATION OF AGREEMENT: This agreement shall be in full force and effect from September 1. 1975, through January 2, 1976 except that the wage scale shall be retroactive to the first pay period beginning in January, 1975, and shall automatically be continued from year to year thereafter, unless a new agreement is developed in accordance with the pro- visions of the Public Emuloyment Labor Relations Act of 1971, as amended. � ��/'d • . - . ! ` �s��55 Intent to negotiate a new agreement shal� be inai- cated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. � . � � � � � � -18- � • APPENDIX A � � Regulation Effective 1-5-74 ��6155 Vacation for Less Than a Full Year ., .. For the purpose of computing the amount of vacation an employee who is eligi}�le for twet�.ty-one days after 15 years of service and twenty-two days after 25 years of service has_ earned. the following shall anoly: Hours of Vacation Earned Years of Service Per Hour on Payroll First Five Years . 0383 After Five Years .05�6 After Fifteen Years . . 0806 After Twenty-five Years . 0845 � Round off to the nearest hour. Example: If an emplayee with three years of service atipeared on the payroll fo.r 1, 680 hours i� 1972, he will have earned (1, 680 x . 0384) 64. 51 hours of vacation. This is rounded off to the nearest hour and the employee is granted 65 hours of vacation. The time of vacation is fixed by the head of the department in which the employee is employed. Chief Examiner , . ' � � FOOD SERVICE PERSONNEL � 266155 1974 1975 Cook I $2.67 $2. 94 Baker I $2.67 •� �$2.94 Food Service Aide $2.42 $2.66 Cook II, Baker II 1974 � � A B C D E F 10 rs. 15 rs. Grade 11 $239 249. 50 $260 $2�1 $282. 50 $295. 50 $303. 50 $311. 00 1975 � A B C D� E F 10 rs. 15 rs. Grade 11 $263 $274 $286 $298 $311 $325 $334 $342 . � � . OVER-RATE AIDES 266155 Present R�.te + lc�¢ - 1975 Rate Clara Anderson 2.t�g 2.67 Marjorie Ashton 2,4g � 2.67 � Doris Hazzard 2.�+8 2.67 Alice Freppert 2.48 2.67 • Catherine Holtkamp 2,�+g 2.67 Bertha Kautt 2.�+8 � ~ 2.6'j Agnes Korf 2,1�3 - � �.67 Margare� La.rsen 2,�+g 2.67 Charlotte Mori;inson 2,1��3 2.�7 Doroth,y I�iunkholm 2.�+8 2.67 Josephine Rulli 2.48 2.67 Helen Schneider 2.4�3 2.67 Helen Wolfe 2,�+g� :.� 2.67 Mary Nowak 2.59 2.78 Loretta Holstein 2,7p 2,89 Valerie Kruse 2.70 2.�9 Leona Kueppers �� �.7p 2.89 Rose Miller 2,7p 2.89 Fern 0'Day 2,7p 2�89 ��Compulsory retirement 12�31�75 . �r�• 1�0 • ►5�G?03 ` � � 266155 , Agreement � r , Between INDEPENDENT SCHOOL DISTRICT NO. 625 • �� And SUBURBAN SCH()OL EMPLOYEES LOCAL NO, 284 S.E. I.U. AFL-C IO Representing Cook Managers ' , � �6�155 COOK MANAGERS I II AND III AGREEMENT THIS AGREEMENT BY AND BETWEEN INDEPENDENT SCHOOL DISTRICT N0. 625, THE CITY OF SAINT PAUL, AND SUBURBAN SCHOOL EMPLOYEES LOCAL bTO. 284. S.E. I.U. AFL-CIO, ON BEHALF OF COOK MANAGERS I, II AND III. In full settlement of 1975 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 N0. 525, the CITY COUNCIL, the CITY ADMINISTRATION, and the CIVIL SERVICE COMMISSION, as well as ratification by the UNION. Independent School District No. 625 Suburban School Employees Local No. 284 S.E. I.U. AFL-CIO Negotiator Chairman, Board of Education Business Retiresentative Chairman, City �ouncil Steward � Date , � , AGREEMENT 2ss155 ARTICLE 1. Definition of Aqreement A. PARTIES: THIS AGREEMENT, entered into between the Board of Education, Independ�ent School District No. 625, St. :.Paul, Minnesota, as reAresented by the City of Saint Paul, herein- after referred to as the Board of Education, and Suburban School Employees Local No. 284, S.E. I.U. (certified by the Director of the Bureau of Mediation Services as the exclusive representative) , hereinafter referred to as Local No. 284, pursuant to and in compliance with •the Public Employment Labor Relations Act of 1971, as amended, to set 'forth the ' terms and conditions of employment. B. PURPOSE: The purpose of this agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE II. Recoqnition � A. The Board of Education recognizes Local No. 284 as the certi- fied exclusive representative for the following unit: All food service personnel in the classifi- cations of Cook Manager I, Cook Manager II and Cook Manager III employed by Independent � School District No. 625, whose terms and con- ditions of employment are established by the City of St. Paul Personnel Office, who are emnloyed for more than 14 hours per week and more than 100 work days per year, excluding all other employees. B. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the pro- visions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, State of Minnesota, far all personnel defined in Section A of this Article, that it will not meet and negotiate with any other labor or employ- - ee organi�ation concerning the terms and conditions of employment for this unit. � ARTICLE III. Check Off - Fair Share 266155 . A. T�he Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deduc- :� r tions be made. The amounts to be deducted sh�ll be� certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted togeth- er with an itemi�ed statement to the representa��ive by the first of the succeeding month after such deductions are made or as soon thereafter as possible. B. Any present or future employee who is not a Union member shall be rec�uired to contribute a fair share fee for services render- , � ed by the Union. Upon notification by the Union, the employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the re- c�uired contribution exceed a pro rata share of the specific expenses rendered by the re�resentative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by- Minnesota law, and as otherwise legal. C. The UNION will indemnify, defend and hold the City and School District harmless against any claims made and against any suits instituted, and any orders of judgments issued against ' th.e City and School District, their officers or employees, by reason of negligence of the Union in recruesting or receiving deductions under this Article. - ^ . � � 2��155 ARTICLE IV. Maintenance of Standards The City agrees that all conditions of employment relating to wages, work, overtime differentials, vacations and gene�al work- ing conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of St. Paul (Ordinance No. 3250) and Ordinance No. . 6446 at the time of signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for im�rovement are made elsewhere in this Agreement. -3- , • . .. ��.: — . . '�L\V\.L✓VL\L -... �.VVl\ 1'1l11Y!'1V1:�1\J yU V[al\�1J L A. This grievance procedure is established to resolve any ��%V� trc � specific � ispute between the employee and the City or School �. District concerning, and limited to, the interpretation or application of the provisions of this Agreement. -. -- B. An employee presenting a grievance may elect to be repre- sented by an appropriate Union representative. At Ste� 1 or Step 2 of the Grievance Procedure, the employee may choose'��to� present his 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 pro- vided further that any adjustment or settlement shall not be in- ,consistent with the terms of the Agreement. C. 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 con- sistent 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 Emnloyer during normal work- ing �iours tirovided that the Employee and the Union Representative have notified and received the aApraval of designated supervisor and provided that such absence is reasonable and would not be detri- -4- . _ �:. :,; i � 266155 � mental to the work programs of the Employer. It is understood that the Emplo� �r shall not use the above limitation to hamper the oroc- essing of grievances. D. A grievance shall be resolved in the following manner: (Step 1) . Any employee claiming a specific disagreement concern- ing the interpretation or application of the provisions of this Agreement, shall, within twenty (20) working days of its �first occurrence or within ten (10) working days of the time the em- ployee reasonably should have knowledge of the occurrence, which- ever is later, discuss the complaint orally with the Director of School Food Service (or other rex�resentative designated by Superin- ,tendent) . The Director of School Food Service (or Supt. ' s repre- sentative) , shall attempt to adjust the complaint at that time. (Step 2) . If the grievance is not resolved through aral discussion and concluded within five (5) working days, the Employee may appeal the grievance to Step 2 by placing the grievance in writing, sett- ing forth the nature of the grievance, the facts on which it is based, the provisions of the agreement allegedly violated, and the remedy revuested. T`his written statement shall be presented to the Director of School Food Services for formal discussion and written response. The formal discussion of the grievance shall be within ten (10) working days of the receipt of the written griev- ance by the Director� of School Food Service. A reply shall be given to the Employee and the Union in writing within ten (10) -5- � . ARTICLE V (Cont'd.z 26�155 days follc'�ing the formal discussion. If the Employee is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. � r (Step 3) . A grievance not resolved in Step 2 and appealed to Step 3 shall be placed in writing setting fdrth the nature of the grievance, the facts on which it is based, the provision• or pro- visions of the Agreement allegedly violated, the remedy request- ed, and shall be at�pealed to Step 3 by the em�loyee and the Union within fifteen (15) working days after the Employer-designated representative' s final answer in Step 2. Any grievance not appealed in writing to Step 3 by the employee and the Union within fifteen (15) working days shall be considered waived. If appealed, the written grievance shall be presented by the employee and the Union and discussed with the Superintendent of Schools or his representative, within ten (10) working days after receipt of the written grievance. The Employer-designated representative shall give the Union the Employer' s Step 3 answer in writing within ten (10) working days following the presen- tation and discussion of the matter. I-f the emnloyee is not satisfied with the findings on Step 3, the Union may reauest arbitration within ten (10) working days after receipt of the employer' s reply on Step 3. -6- ' , ARTICLE V Cont'd. 266155 (Step 4) . , , A grievance unresolved in Step 3 and appealed to Step 4 by the ��nion, shall be submitted to arbitration subject to the provision:; of the Public Employment Labor Relations Act of 1971 ;� r 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. E. The arbitrator shall have no right to amend, modify, nullify, or ignore the terms and conditions of this Agreement. The arbitra- tor shall consider and decide only the specific issue (s) submitted in writing by the Employer and the Union, and shall have no author- ity to make decisions on any other issues not so submitted. � The arbitrator shall be without power to make decisions con- � trary to, or inconsistent with, or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. '�he arbitrator' s decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thrity (30) days following close of the hearing or the sub- mission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator' s interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator' s services and pro- -7- � AR't'TCliE V �CONT,� � � 2�s��� ceedings shall be borne equalZy by the Employer and the Union pro- vided th� °.: each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a fecord to be made, providing it pays for the record. If both parties desire a verbatim record of the proeeedings the cost shall be shared equally. If a grievance is not presented within the time limits set forth above, it shall be considered "waived" . If a grievance is not appealed to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer' s last answer. If the Employer does not answer a , grievance or an appeal thereof within the specified ti.me limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. 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 the provisions of the Rules and Regulations of Civil Service. It is further understood that if a specific grievance is submitted and determined by the grievance procedure under the Civil Service Rules and Regulations, it shall not again be submitted for review and arbitration under the procedures set forth in this Article. -8- , ARTICLE VI 2���55 Neither the UNION nor the EMPLOYER shall discriminate against any employee because of UNION membership or nonmembershiu, or . .� becausse of his race, co.lor, sex, religion, national origin, or political oninion or affiliations. ARTICLE VII. HOLIDAYS Regular or provisional employees in the Bargaining Unit shall be granted holidays off with pay provided, however, that their name has appeared on the pay roll on any six working days of the nine working days preceding the holiday; or on the last ' working day before the holiday and on three other working days of the nine working days preceding the holiday. In neither case shall a holiday be counted as a working day. The following days are declared to be the holidays: New Year' s Day January 1 Washington' s and Lincoln' s Birthday Third Monday in February Memorial Day Last Monday in May Independence Day July 4 � Labor Day First Monday in September Christopher Columbus Day Second Monday in October Veterans' Day November 11 Thanksgiving Day Fourth Thursday in November Christmas Day December 25 � -9- - � 2ss1�� � Yf one of the above listed holidays falls on a day when school is in session, then the Food Services Director shall designate another��ay, when school is not in session, as a paid holiday. All employees will be expected to work on aIl days when school is in session, except when on approved leave. � � In addition, a fZoating holiday is to be granted subject to prior approval of the employee' s supervisor. To be eligible for the floating holiday, a regular or provisional employee must work at least an equivalent of four full bi-weekly pay periods (320 hours) . Employees who work an equivalent of 13 full bi-weekly pay periods (1040 hours) sha11 receive an additional floating holiday. Holiday pay will be paid on the basis of the employee' s ' regularly scheduled number of hours in the work day. - -10- s� c� � r � ARTICLE IX. Hours - Overtime �G�V� ; c A. HOURS: This section is intended only to define the normal houx�,; of work and to provide the basis for the calculation of o��ertime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. -• � The normal work day shall be eight (8) hours of work and the normal work week, regardless of shift arrangements, shall be an average of forty (40) hours of wbrk. . •� B. OVERTINIE; Overtime is to be paid for at the rate of time and one-half (1�) for all work in excess of an eight (8) hour workday, or for time on payroll, or for hours in excess of forty (40) hours per week. � ARTICLE X. VACATIONS: Vacations shall be earned by eligible employees on the basis of the Civil Service formula stated in Appendix A attached. ARTICLE XI. LUNCH BREAK: All employees are entitled to a duty-free lunch break of thirty (30) minutes without pay, at a time assigned by the manager. � ICLE XII. Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each work location no later than five (5) working days before th e closing date for examination. _ -11- ; " t�K'1'1CLE XII1. LAYOFF NOTICE: 2�6155 W'henever possible, two (2) weeks notice shall be given any 1 i employ�;;� laid off. 1 i ARTICLE XIV. INSURANCE BENEFITS: 1 :� r A, Hospitalization and Life Insurance: Health and Welfare bene- fits shall be provided under the plan carried by the city of St. Paul and Independent School District #625 for Civil Service Personnel. ARTICLE XV. WORKING CONDITIONS: (a) Emerqency Closinqs: If it becomes necessary or desirable to close a scnool as a result of an emergency, the eftort shall be made to notify employees not to come to work. � � Employees not notified who report ror work shall be granted two ('l) nours pay at tneir regular rate. -12- � �.�.iV�� , (b) Workshops: Employees in the food service program ordered by the food service director to attend food service work- ;� ops shall be reimbursed for the tuitiori of the workshop � and the normal hourly rate for the time spent in the work- shop. :•. -- (c) Mileaqe: When an employee is reauired and authori�ed 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. (d) Workinct 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 �eriod in excess of fifteen (15) working days during any fiscal year of em*�loyer. shall receive the rate of vay for the out- of-class assignment in a higher classification not later than the sixteenth day of such assignment. For purposes of this article, an out-of-class assignmept is defined as a full-time performance of all of the significant - duties and responsibilities of a classification by an individual in another classification. For the purposes of this article, the rate of pay for an out-nf-class assignment shall be the same rate the employee would re- ceive if he was promoted to a higher classification. _ , -, . � 26�155 ARTICLE XVI. COURT DUTY: Any empl� yee who is reQUired to appear in court as a juror or as subpo�:naed witness shall be paid his regular pay while so en- gaged, unless the court duty is the result of litigation under- :� r taken by the employee or the union against the employer:� Any fees that the employee shall receive from the court for such service shall be paid to the em�loyer. Any employee who is schedu�ed to work a shift other than the normal daytime' shift, shall be rescheduled to work the normal daytime shift during such time as he is recruired to appear in court as a juror or witness. , ARTICLE XVII SICK LEAVE CONVERSION: Accumulated sick leave in excess of 180 days may be converted to vacation at the rate of 2 days sick leave for 1 day vacation up to a maximum of 5 days vacation time. Vacation is to be paid on the basis of regu�arly scheduled hours per day. ARTICLE XVIII. HEALTH INSURANCE PROVISION FOR RETIREES: The district will provide paid health insurance for those who retire prior to age FiS, and who are receiving a, PERA pension, provided they are eligible and covered at the time of retire- mer�t, to be� continued to age 65. This provision shall be applicable to any employee who retired on or after July 1, 1973, except that prior to January 1, 1974, the District will not be responsible for premiums. -14- � 26��55 � T?�e emtilovee must apply for this coverage prior to the date of retirement in order to receive the benefit. ARTICLE XIX. DISCIPLINE AND DISCHARGE: :. .- Section 1. The Employer shall have the right to impose discipli- nary actions on employees for just cause. Section 2. Disciplinary actions by the' Employer shall •include only the £ollowing actions: (1) Oral reprimand (2) Written reprimand (3) Suspension (4) Demotion . , (5) Discharge Section 3. Employees who are suspended, demoted, or discharged shall have the right to recruest that such actions be reviewed by the Civil Service Commission, or a designated Board of Review. The Civil Service Commission, or a designated Board of Review, shall be the sole and exclusive means of reviewing a suspension, demotion, or discharge, No appeal of a suspension, demotion, or discharge shall be considered a "grievance" for the purpose of processing through the provisions of ARTICLE V (GRIEVANCE PRO- CEDItRE) . ' Section 4. Discharges will be preceded by a five (5) day pre- liminary suspension without pay. During said period, the em- - ployee andlor UNION may request, and shall be entitled to a _ -15- � � .. ► � ' � ; meeting with the EMPLOYER representative who initiated the ���55 ! � � pension �.�ith intent to discharge. During the five (5) day � period, the EMPLOYER may affirm the suspension and discharge in accordance with the Personnel Rules or may modify, or�With- draw same. ARTICLE XX. LEAVES: • Leaves of absence may be recruested, on the basis specified in Civil Service requlations, ARrICLE XXI UNIFOi2M ALLOWANCE: Effective September l, 1975, Employees snall receive a uniform , allowance of 1� per hour, to be paid cumulatively at one ti.me, in fihe pay period enciing on January 2, 197b. Uniform cnoice is employee ' s option. ARTICLE XXII WAGE SCALE: See Appendix B ARTICLE XXITI DURATION OF AGREEMENT: This agreement shall be in full force and effect from September 1, 1975, tnrough January 2, 197c�, except that the wage scale snall be retroactive to the first pay period beginning in January, I975, and shall automatically be continued from year to year tnereafter, unless a new agreement is developed in a�cordance with the provisions of the Publi c Employees Labor Relations Act ot 1971, as amended. ' _i�_ �ss155 � Intent to negotiate a new agreement shall be indi- cated b, either part�� providing written notice thereof at least n�inety (90) days prior to the termination date set forth herein. ., , ---_ � ------ � -17- • APP�NDIX A � 266155 Regulation Effective 1-5-74 Vacation for Less �han a Full Year ,, r For the purposes of computing the amount of vacation an employee who is eligible for twenty-one days after 15 years of service and twenty-two days after 25 'years of service� has earned, the following shall apply: Hours of Vacation Earned Years of Service Per Hour on payroll First Five Years . 0384 After Five Years .0576 After Fifteen Years .0806 , After Twenty-five Years . 0845 Round off to the nearest hour. � Example: If an employee with three years of service appeared on the payroll for 1, 680 hours in 1972, he will have earned (1, 680 x . 0384) 64. 51 hours of vacation. This is roundecl oFf to the nearest hour and the employee is granted 65 hours of vacation. The time of vacation is fixed by the head of the depar.tment in which the employee is employed. " � Chief Examiner r • t �` � R � COOK MANAGE R I, I I, I I I ��"��� 1974 " ' Grade A B C D E F 10 rs. 15 rs. 15 264. 50 275.00 287.00 300. 50 $313. 50 $328. 50 336. 50 345. 50 17 279. 50 291. 50 303. 50 317.00 $331.00 $346. 00 356. 00 365. 00 19 293. 50 306. 00 319. 50 334.00 348. 50 364. 50 3?4.00 $384.00 1975 Grade A B C D E F 10 rs. 15 rs 15 $291 $302 $315 330 $345 361. 370 38�0 17 ' $307 $320 $334 $348 . $364, $380 391 401 • 19 $323 $336 $351 $367 $383 40Z 411- 422 i: Qrc� • 1'�0• t�403 D� nqt detact� this rrt�sxrar�d��r1 from the c � o�nance so tha:t �h�� i�fc�ma�i�n �itl be 26V155 ' REPO�������'i�� ��N��B��WRENCE D, COH�N, MaYOR FROMs Thomas J, Kelley, City 14dministrato DAT E; 16 Septe�ber 1g75 RE�ARDING: Zhis ordinance approves the lgj5 Collecti�re largaimi�g �gree�ats betxeen the ?.ndepe�dent �ehool Biatrict �. 625 and $mb�rbaB i�chool �Pl�yees �. 284 B.B.i.II. AFL- CIp. There are tvro eeparate co�traets. �e applies to tl�e snperv3g�ng Yood $er�*ice e�ployees and the other applies tc► aon-supervisiag foc�l $errice erployees. � � SQUR CE: Personael �f'fice _ ACTION REQUESTED: I recc�■�end yc�ar appro�al a�d sab�i.ssian of this �rdi�asce to the �it� �uscil. ATTACHMENTS: prdi�a�ce, copT for City Clerk aad agreeaenta. i8t )C� �� 2�a �/1 y 3rd �D,�,C �� Adopted _,�j �c� Yeas N�yg CHRIS�TSII�T ��07.7A.. �"� 266155 ROEDLER J , � �}BBCC4 PRESIDENT (HUNT)