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04-872Council File # o�_g7:2 Green Sheet # 3022067 RESOLUTION CITY OF SAINT PAUL, MINNESOTA �� Presented Referred To Committee Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Employment Agreements between the Independent School District #625 and the Bricklayers and Allied 3 Craftworkers Local No. 1 ofMinnesota (May 1, 2004 - Apri130, 2007), Intemational Union of Painters and 4 Allied Trades District Council 82 (May 1, 2004 - April 30, 2007), Lakes and Plans Regional Council of 5 Cazpenters and Joiners (May i, 2004 - April 30, 2007), Minnesota Cement Masons, Plasterers and 6 Shophands, Loca1633 (May 1, 2004 - Apri130, 2007), Operative Plasterers Local No. 265 (June 1, 2004 - 7 Apri130, 2007), Professional Employees Association, Ina(January 1, 2004 - December 31, 2005), and Tri- 8 Council Local No. 49, Local No. 120 and Local No. 132 (July i, 2004 - June 30, 2006). 9 Adopted by CouncIl: Date 9�?,� -d� Adopfion Ce By: Approved by B y ____L Council Secretary Requested by Department of: Offi f Hnman Resources � Green � �� g�� Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � Depar(mentlofficvJcouncil: Date Initiated: Hu -�� -A�� Green Sheet NO: 3Q22067 Cotrtact Person 8 Phone: Deoartrne[rt Serrt To Person InitiaVDate Jason Schmidt � 0 xevonrces � � - Assign 1 mnm�Resonrces D entDirector Must Be on Councl Agenda by (Date): Number 2 Attorn �C For Routing 3 r's OtSce or/Asvsfant Order 4 � 5 Qerk Clerk Total # of Signature Pages _(Clip All Loeations for Signature) Adion Requested: Approval of the attached ISD #625 Employment Agreements (Bricklayers, Cazpenters, Painters, Cement Masons, Plasterers, Professional Employees and Tri-Council) Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Answer the Foliowing Questions: Planning Commission 1. Has this persoNfirm ever worked under a coMract for this department? CIB Committee Yes No Civil Service Commission 2. Has this persoNFlrm ever been a city employee? Yes No 3. Does this perso�rm possess a sldll not nortnalty possessed by any curret�t city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why�: Employment agreements have already eacpired. AdvantageslfApproved: None Disadvantages If Approved: � is"a " �� P� � None � ��- + ` �^ '_° � �w r`��i; � i �Ga9�i wv.k Disadvantages If NM Approved: ,� g � `� �� None ! - TotalAmountaf CosURevenue Budgeted: _ Transadion: Funding Source: Activity Number: .? �rc;e?��C�? t °�^ , gaf Financial Infortnation: (Expiain) �� a � �€�o� o4-S�a- , � I S�' �;, A Ylarld of Opoortu �ti Negotiations/Employee Reiations Office Phone: 651 767 8228 Fax: 651 665 0269 MEMORANDUM TO: Sue Wegwerth City - Office of Labor Relations FROM: Peggy O'Neili � Employee Relations Assistant DATE: August26,2004 SUBJEGT: labor Agreements for lndependent School District No. 625 Enclosed are two copies of each of the following labor agreements and a copy of the Board of Education approved agenda request for each bargaining unit: Bricklayers and Allied Craftwoskers Local No. 1 of Minnesota International Union of Painters and Allied Trades District Counci182 Lakes and Plains Regionai Council of Carpenters and Joiners Minnesota Cement Masons, Plasterers and Shophands, Local 633 Operative Plasterers Local No. 265 Professional Employees Association, Inc. Tri-Councii Local No. 49, Local No. 120 and Local No. 132 /po Enciosures 8E: Z�d OE 911H ti0. C ��N�'_'�; 1 i� , '.�4"fn�� ` - ! I� 1$' oy-��- INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPIC: Approval of an Employment Agreement With Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota to Establish Terms and Conditions of Employment for 2004-2007 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2004 through Apri130, 2007. 2. Contract changes are as follows: Waaes: Wage and benefit changes reflect prevailing wage for the industry. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has five regular F.T.E. in this bargaining unit. 5. This contract maintains the DistricYs fiscai structural balance. 6. The maintenance of buildings promotes a quality leaming environment that supports the teaching target of preparing all students for life. 7. This request is submitted by Sue Gutbrod, NegotiationslEmployee Relations Assistant Manager; Wayne Arndt, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Di�ector of Human Resources/Empioyee Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Bricklayers and Allied Craftsworkers Local Union No. 1 of Minnesota, is the exclusive representative; duration of said Agreement is for the period of May 1, 2004 through April 30, 2007; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. o�--�� a- INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPIC: Approval of an Employment Agreement With International Union of Painters & Aliied Trades District Council 82 to Establish Terms and Conditions of Employment for 2004-2007 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2004 through Apri130, 2007. 2. Contract changes are as follows: Waaes: Wage and benefit changes refieci prevailing wage for the industry. General Lead Painter will be added with a$2.00 lead differential. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has ten regular F.T.E. in this bargaining unit. 5. This contract maintains the DistricYs fiscai structural balance. 6. The maintenance of buildings promotes a quality Iearning environment that supports the teaching target of preparing all students for life. 7. This request is submitted by Sue Gutbrod, NegotiationslEmpfoyee Refations Assistant Manager; Wayne Arndt, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Director of Human Resources/Employee Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board ot Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom international Union of Painters & Allied Trades District Council 82, is the exclusive representative; duration of said Agreement is for the period of May 1, 2004 through April 30, 2007; and that the Board of Education of tndependent School D'fstrict No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structurai balance. D 5�- S 7�. INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPiC: Approvai of an Employment Agreement With Lakes and Plains Regional Council of Carpenters and Joiners to Establish Terms and Conditions of Employment for 2004-2007 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2004 through April 30, 2007. 2. Contract changes are as foilows: Waaes: Wage and benefit changes refiect prevaifing wage for the industry. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has twelve regular F.T.E. in this bargaining unit. 5. This contract maintains the DistricYs fiscal structural balance. 6. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing ail students for life. 7. This request is submitted by Sue Gutbrod, Negotiations/Employee Relations Assistant Manager; Wayne Arndt, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Director of Human Resources/Employee Relations; Patrick Quinn, Executive DireCtor of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom the Lakes and Plains Regional Council of Carpenters and Joiners, is the exclusive representative; duration of said Agreement is for the period of May 1, 2004 through April 30, 2007; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. D�- 87� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPIC: Approval of an Employment Agreement With Cement Mason, Plasterers and Shophands Local 633 to Establish Terms and Conditions of Empfoyment for 2004-2007 A. PERTINENT FACTS: 1. New Agreement is for the three-year period May 1, 2004 through April 30, 2007. 2. Contract changes are as follows: Waqes: Wage and benefit changes reflect prevailing wage for the industry. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one regular F.T.E. in this bargaining unit. 5. This contract maintains the District's fiscal structural balance. 6. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing all students for life. 7. This request is submitted by Sue Gutbrod, Negotiations/Employee Relations Assistant Manager; Wayne Amdt, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Director of Human Resources/Employee Relations; Patrick Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of Business and Financial Affairs. B, RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of those employees in this school district for whom Minnesota Cement Masons, Plasterers and Shophands Local 633, is the exclusive representative; duration of said Agreement is for the period of May 1, 2004 through April 30, 2007; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. o�-g�a INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPIC: Approval of an Employment Agreement With Operative Plasterers Local Union No. 265, to Establish Terms and Conditions of Employment for 2004-2007 A. PERTINENT FACTS: 1. New Agreement is for the three-year period June 1, 2004 through May 31, 2007. 2. Contract changes are as follows: Waqes: Wage and benefit changes reflect prevailing wage for the industry. 3. The remaining language provisions of the previous contract remain essentially unchanged, except for necessary changes to dates and outdated references. 4. The District has one regular F.T.E. in this bargaining unit. 5. This contract maintains the DistricYs fiscal structurai balance. 6. The maintenance of buildings promotes a quality learning environment that supports the teaching target of preparing ali students for life. 7. This request is submitted by Sue Gutbrod, Negotiations/Empioyee Relations Assistant Manager; Wayne Arndt, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Director of Human Resources and Employee Relations; Patrick Quinn, Executive Director of Schooi Services; and Lois Rockney, Executive Director of Business and Financial Affairs. 6. RECOMMENDATION: That ihe Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of empioyment of those employees in this schooi district for whom Operative Plasterers Local Union No. 265 is the exclusive representative; duration of said Agreement is for the period of June 1, 2004 through May 31, 2007; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. o�-�7a INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPIC: Approval of Employment Agreement Between Independent School District No.625 and Professional Employees Association representing non- supenrisory professional employees A. PERTINENT FACTS: 1 New Agreement is for a two-year period from January 1, 2004, through December 31, 2005. 2. Contract changes are as foilows: Waqes: Effective December 27, 2003, the average salary schedule increase is 2.4%. New 15- year and 20-year longevity steps are added to salary schedule. There is no schedule increase in the second year of the contract. Insurance: Effective January 2004, the district monthly contribution of $305 for single coverage is increased to $366; the district monthly contribution of $575 for family coverage is increased to $665. Effective January 2005, the district contribution for single health coverage is increased to $415; family health coverage is increased to $740. Severance: Employees who submit a signed Resignation Notice form to the Director of Human Resources three months prior to retiring shail receive a$2,500 bonus. Language is added that defines the Special Pay Deferral Program for Severance Pay. Deferred Compensation: Effective January 1, 2004, the District deferred compensation match will increase from $500 to $600 per year. Vacation: Effective January 1, 2004, the number of service years required to be eligible for 25 days maximum vacation is reduced from 14 years to 10 years; the number of service years required to be eligible for 30 days maximum vacation is reduced from 14 years to 11 years. 3. The District has 62 FfE's in this bargaining unit. 4. This contract maintains the DistricYs fiscai structural balance. 5. This contract supports the District's goal of creating institutional change. 6. This request is submitted by Wayne Amdt, Negotiations/Employee Relations Manager; Susan Gutbrod, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Director of Human Resources/Employee Relations; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment for Professional Empioyees Association in this school district; duration of said Agreement is for the period of January 1, 2004, through December 31, 2005; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. o�l- 8� a- INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: June 22, 2004 TOPIC: Approval of Employment Agreement Between Independent School District No. 625 and Tri-Council Local No. 49, Local No. 120, and Local No. 132, exclusive representative for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 2004, through June 30, 2006. 2. Contract changes are as follows: Waqes: Effective June 26, 2004, increase wage schedule 2.5%. Premium pay is increased $.05 per hour. A 15-year longevity step is added at $.30 above base rate. There is no schedule increase in the second year of the contract. Insurance: Effective January 2005, the district monthly contribution of $345 for singie coverage is increased to $390; the district monthly contribution of $575 for family coverage is increased to $665; the district will contribute $35 per month for single dentai insurance. Effective January 2006, the district contribution for single coverage is increased to $430; family coverage is increased to $740; single dental coverage is increased to $40. Suoolemental Pension: The District contribution to the Laborers Supplemental Pension Fund will increase $.10 to $.35 for all hours worked, effective June 26, 2004; effective July 2, 2005, the District contribution will increase to $.45 per hour. Severance: Employees who provide three months notice of retirement will receive $90 per day for each day of unused sick leave up to a maximum of $15,000. 3. The District has 19 regular FTE's in this bargaining unit. 4. This contract maintains the DistricYs fiscal structural balance. 5. This contract supports the DistricYs goal of creating institutional change. 6. This request is submitted by Susan Gutbrod, Negotiations/Employee Relations Assistant Manager; Wayne Arndt, Negotiations/Employee Relations Manager; Thomas A. Coffey, Executive Director of Human Resources and Employee Relations; and Lois Rockney, Executive Director of Business and Financial Affairs. B. RECOMMENDATION: ' That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment for Tri-Councii Local No. 49, Locai No. 120, and Local No. 132, exclusive representative for Drivers, Grounds and Labor Employees, and Heavy Equipment Operators in this school district; duration of said Agreement is for the period of July 1, 2004, through June 30, 2006; and that the Board of Education of Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural balance. • � � � ARTICLE Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Articie Article Article Article Article Articfe Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. i S. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. �. ; � 04� �72 TABLE OF CONTENTS TIT�E Preamble Purpose.. EmployerRights ......................................................�---.......... UnionRights ...................��--�--..............................----.............. Scope of the Agreement ........................................................ Probationary Periods ............................................................. Philosophy of Employment and Compensation ..................... Hoursof Work ....................................................................... Overtime ................................................................................ Cali Back ............................................................................... WorkLocation ....................................................................... Wages ....-�--�-•-� ..............................�--..................................... Fringe Benefits ...................................................................... Selection of Lead Bricklayer and Generai Lead Bricklayer ... Ho I idays ................................................................................. Disciplinary Procedures .........................••-•---......................... Absences From Work ..........................�--.............................. Seniority ........................................° °-° °-.........................-°-° Jurisdiction............................................................................ Separation ............................................................................. Tools...................................................................................... Grievance Procedure ............................................................ Right of Subcontract .........................�-�---............................... Non-Discrim in ation ................................. �--�---........................ Severab I ity ............................................................................ Waiver ................................................................................... Mileage - Independent School District No. 625 ..................... Court Duty Leave ................................................................... Duration and Piedge .............................................................. AppendixA ...................................................................... AppendixB ...................................................................... Appendix ...................................................................... Appendix ...................................................................... � PAGE � ....................... iv ........................1 ........................1 ........................1 ........................ 2 3 3 ....................... 4 ....................... 5 ....................... 5 ....................... 6 ....................... 7 ....................... 7 .......................8 . ....................... 9 ....................... 9 .....................10 .....................11 .....................11 .....................11 .............. ..12 -13 .....................14 .....................14 � .................... .....................15 .....................15 .....................15 .....................16 .....................17 .....................17 ................18-19 ..................... 20 r � � O�+m872 PREAMBLE This Agreement is entered into between independent School District No. 625, hereinafter referzed to as the Employer and the Brickiayers and Ailied Craftsworkers Local Union No. 1, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School DisVict No. 625 for the benefit of the generai public through effective labor management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at ali levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general pubiic. � u \ J • iv � 04- 872 • ARTICLE 1. PURPOSE '� , 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: i 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; 1.12 Set forth rates of pay, hours of work, and other conditions of emptoyment as have been agreed upon by the Employer and the Union; 1.1.3 Establish procedures to orderly a�d peacefully resolve disputes as to the application or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to legislation ihat creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shali prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Articie 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exciusive representative for collective � bargaining purposes for all personnel having an employment status of regular, probationary, and temporary employed in the ciasses of posftions defined in 22 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3142 dated February 2, 1990. 22 The ciasses of posRions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Empioyer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizationai structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specificaliy limited by this Agreement. 3.2 Any �term or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. � ��-��72 ARTICLE 4. UNION RIGHTS C J 4.1 The Employer-shail deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shall not deduct dues from the wages of employees covered by this Agreement for a�ny other labor organization. 4.12 The Union shail indemnify and save harmless the Employer from any and ail claims or charges made against the Employer as a result of the implementation of this Article. 42 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the President of the Union or the designated representative shail be permitted to enter the facilities of the Employer where employees covered by this Agreemenf are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the 'Yerms and conditions of empioymenY' defined by � Minnesota Statute § 179A.03, Subdivision 19, for atf employees exclusivety represented by the Union. This Agreement shall supersede such �terms and conditions of employment" established by Civil Service Rule, Council Ordinance, and Council Resolution. � r.,_. r . • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaliy hired or rehired following separation, itr a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evatuated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shafl be sent to the Union. 62 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shall be evaluated. 6.2.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). 622 An employee demoted during the promotional probationary period shali be returned to the empioyee's previously-held class of positions and shall receive � a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTtCLE 7. PHILOSOPHY OF EMPIOYMENT AND GOMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a`cash" hourly wage and "industry" fringe benefit system. 72 The Empioyer shali compensate employees for ali hours worked at the basic hourly wage rate and houriy fringe benefit rate as found in Articfes 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefit shail be accumulated or eamed by an employee except as specifically provided for in this Agreement; except those employees who have individualiy optioned to be "grandfathered" as provided by Article 12.2. • ��y ��Z ARTICLE 8. HOURS OF WORK � 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normaf work week shati be five (5) consecutive normal workdays Monday fhrough Friday. 8.3 if, during the term of this Agreement, it is necessary in the Employer's judgment to estabiish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts andlor work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 Ail employees shall be at the location designated by their supervisor, ready for work, at tfie estabtished starting time and shalf remain at an assigned work focation until the end of the established workday unless otherwise directed by their supervisor. 8.6 All employees are subject to cali back by the Employer as provided by Article 10 (Cail Back). 8.7 Emp(oyees reporting for work at the estab(isfied starting time and for wfiom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless not'rfication has been given not to report for work prior to leaving home, or during the previous workday. �� ARTICLE 9. OVERTIME 9.1 Ail overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim wiil be honored for payment or credit unless approved in advance. An overtime ciaim will not be honored, even though shown on the time card, uniess the required advance approvai has been obtained. 9.2 The overtime rate of one and one-half (1-1/2) the basic hourly rate shatl be paid for work pertormed under the foilowing circumstances: 92.1 Time worked in excess of eight {8) hours in any one normal workday, �iL•1 922 Time worked in excess of forty (40) hours in a seven (7)-day period. 9.3 For the purposes of calculating overtime compensation, overtime hours worked shali not be "pyramided," compounded or paid twice for the same hours worked. 9.4 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory time as determined by the Employer. • C! / f � +q �� V:. ry �-� I 1 � � � � • ARTICLE 10. CALL BACK 10.1 The Employer retains the right to cail back employees before an employee has started a normai workday or normal work week and after an employee has completed a normal workday or normai work week. 102 Employees calied back shaH receive a minimum of four (4) hours of pay at the basic hourly rafe. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours or less prior to their normai workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated employer supervisor. During the normai workday, empioyees may be assigned to other work locations at the discretion of the Empioyer. � 11.2 Employees assigned to work locations during the normai woskday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Article 27 (Mileage). • � ��?'° �� ARTICLE 12. WAGES 12.1 The basic hourly wage rate as established by Appendix C shali be paid for alI hours worked by an employee. 12.2 Employees who were covered by the fringe benefits listed below prior to February 4, 1974, shall continue to be covered by such benefits, They shall be subject to all other provisions of the Agreement, but shali not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 122.1 Insurance premium contributions as established by the Employer including I'rfe, hospital, and health insurance premium contributions as estabiished as of the date of the eariy retirement for early retirees who have retired since May 8, 1978 until such time as they reach sixty-five (65) years of age. In order to be eligible for the insurance premium contributions under the early retiree provisiort, or retiree provision the employee must: 12.2.1.1 Be receiving benefits from a public empioyee retirement act at the time of retirement. 122.�2 Have severed the employment relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 12.2.1.3 Inform the Human Resource Office of Independent School District No. 625 and the City of Saint Paul in writing within sixry (60) days of the employee's early retirement date that he or she wishes to � be eligible for early retiree insurance benefits. 122.1.4 Retiree prior to April 30, 2000. 1222 122.3 122.4 Sick leave as estabiished by Civil Service Rules, Section 20. Vacation as estabiished by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. Nine (9) legai holidays as established by Article 15 and the Saint Paul Salary Pian and Rates of Compensation, Section I. Subdivision l. 12.3 Regular empioyees not covered by the fringe benefits listed in Article 122 shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensafed in accordance with Articte i2.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participating empioyees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made in their behaif as provided for by Article 13 (Fringe Benefits). 12.5 All regular employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, participating employees and shali be compensated in accordance with Articie 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). � � • 0 �= • ARTICLE 13. FRINGE BENEFITS 13.1 The Empioyer shall make contributions on behaif of and/or make deductions from the wages of participating empioyees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF LEAD BRICKLAYER AND GENERAL LEAD BRICKLAYER 14.1 The selection and assignment of personnel for the classes of positions of Lead Bricklayer and Generai Lead Bricklayer shali remain solely with fhe Employer. 142 The class of position of Lead Bricklayer shafl be fiiled by employees of the bargaining unit on a "temporary assignment" 14.3 Aff "temporary assignments" shafi be made onry at the direction of a designated Employer supervisor. 14.4 Such 'Yemporary assignments° shail be made only in cases where the class of positions is vacant for more than one (1) normal workday. t..J � 7 ��x-�� ARTICLE 15. HOLIDAYS 15.1 The toilowing nine (9) days shall be designated as hoiidays: New Years Day Martin Luther King, Jr. Day Presidents' Day Memoria! Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May Juty 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 152 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the foilowing Monday shall be considered the designated holiday. When any of these three (3j holidays falls on a Saturday, the preceding Friday shall be considered the designated hoiiday. 15.3 The nine (9) hoiidays shall be considered non workdays. 15.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or 9called back° in accordance wfth Article iQ (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Yea�'s Day, Memoriai Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourty rate for such hours worked. i5.7 (f an employee is required to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shali be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits or the employee shail be paid on a straight-time basis for such hours worked, in addition to the regular holiday pay. If an employee is required to work on New Yea�'s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christrnas Day, the employee shall be compensated for work done on this day by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such hours worked, in addition to the regular hofiday pay. Eligibility for holiday pay shall be determined in accordance with Section I(one), Subsection I of the Saint Paul Salary Plan and Rates of Compensation. 15.8 Employees entitled to a holiday if Martin Luther King, Jr. Day, Presidents' Day or Veterans' Day falls on a day when school is in session, the employees shatl work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by Agreement between the empioyee and the supervisor. C J �1 �� _�� , • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 162 The Employer shall have the right to impose disciplinary actions on employees for just cause. Discipiinary actions by the Employer shall include only the foilowing actions: 16.2.1 Oral reprimand; 16.22 Written reprimand; 162.3 Suspension; 162.4 Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179a.20, Subd. 4, and thereby shall have the right to request ihat such actions be considered a°grievance° for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union acting in the employees behalf initiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possibie, but in no event later than the beginning of such workday. 172 17.3 Failure to make such not'rfication may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without �otification for three (3) consecutive normal workdays may be considered a"quiY' by the Empioyer on the part of the employee. E ��; �� ARTICLE 18. SENIORITY 18.1 For the purpose of this Articie the following terms shal[ be defined as follows: 18.1.1 The Term, "Employer,° Shall Mean independent School District No. 625, Saint Paul Public Schoois. 18.1.2 The term, `Master Seniority," shall mean the iength of continuous regular and probationary service with the Empioyer from the date an empioyee was first appointed to any ciass titie with the Empioyer covered by this Agreement. 18.1.3 The term, "Ciass Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an empioyee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section '18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that titie and begins to be calculated from that date. An employee's Class Seniority does not revert to zero following recall from an Employer initiated ia}roff within the iwenry-four (24)-month receit rights period spec"rfied in 18.4. This definition of class seniority would be used for all layoff decisions. r 1 �_J 18.2 Seniority shali not accumulafe during an unpaid ieave of absence, except when such a leave is granted ior a period of less than thirty (30) calendar days; is granted because of iilness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed fuil-time position with � the UnioR. 18.3 Seniority shali terminate when an empioyee retires, resigns or is discharged. 18.4 In the event it is detertnined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class iitle within each Departmenf based on inverse length of "Class Senioriiy." Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class tiUe previously heid which is covered by this Agreement, provided the employee has greater "Ciass Seniority' than the employee being replaced. Recall from layoff shail be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shali apply. This provision dces not address any rights the empioyee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by cfass title based on length of "Class Seniority," subject to the approval of the Employer. � 10 ,�� , � ARTICLE 19. JURISDICTION • �9.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by mutual agreements between the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutualiy possibie to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as origina[ly assigned pending resolution of the dispute or to restrict the Empioyer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as clar'rfied by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Discipfinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARAT�ON 20.1 Employees having a probationary or regular employment status shall be considered separated from empioyment based on the foilowing actions: � P��i�il 20.12 20.1.3 Resianation. Employees resigning from employment shal! give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharoe. As provided in Article 16. Failure to Report for Dutv. As provided in Article 17. 202 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personaify provide themseives with the tools of the trade as listed in Appendix S. � 11 0 t �! �, �� % _ iJ . �. ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shaii recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and their successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibiiities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to work programs of the Employer. 22.3 The procedure established by this Article shall except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exciusive procedure for the processing of grievances, which are detined as an a!leged violafion of the terrrts and conditions ot this Agreement. 22.4 Grievances shali be resoNed in conformance with the foliowing procedure: Step 1. Upon the occurrence of an aileged viola6on of this Agreement, the empioyee involved shall attempt to resolve the matter on an informal basis with the empioyee's supervisor. if the matter is not resolved to the employee's satisfaction by the informai discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shaii set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (� calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence or the event giving rise to the grievance, shall be considered waived. Steo 2. Within seven (7) calendar days after receiving the written grievance, a designated Empioyer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. If, as a resuit of this meeting, the grievance remains unresoived, the Employer shail reply in writing to the Union within three (3) calendar days foltowing this meeting. The Union may refer the grievance'in writing to Step 3 within seven (7) calendar days foilowing receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (� calendar days foilowing receipt of the EmployePs answer shall be considered waived. � • � 12 �4--�� • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union President or the designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in wrifing to the Union stating the EmployePs answer conceming the grievance. If, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 wiihin seven (7) calendar days following receipt of the Employers answer shall be considered waived. Steq 4. if the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Empioyer and the Union within seven (7) calendar days after notice has been given. ifi the parties fiail to mutuafly agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shali have the right to strike two (2) names from the panel. The Union shali strike the first (ist) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shaii consider and decide onfy the • specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effeet o{ iaw. The arbitrator's decision shaii be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shail be based solely on the arbitratoPs interpretatiort or application of the exQress terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome equaily by the Employer and the Union, provided that each parry shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing ft pays for the record. 22.7 The time iimits in each step of this procedure may be extended by mutual agreement of the Empioyer and the Union. \.J 13 1. • ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the work{orce covered by this Agreement, the Emptoyer shali give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 140f 3. ARTICLE 24. NON-DISCRIMIFJATION 24.1 The terms and conditions of this Agreement wiil be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. • 24.2 Employees will perform their duties and responsibiiities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ART(CLE Z5. SEVERABILfTY . 25.1 in the event that any provision(s) of this Agreement is declared to be contrary to law by proper tegislative, administrafive or judicial aufhority from whose finding, determination or decree no appeai is taken, such provision(s) shail be voided. All other provisions shall continue in full foroe and effect. 25.2 The parties agree to, upon written notice, enfer info negofiafions fo place the voided provisions of the Agreement in compliance with the iegislative, administrative or judicial determination. • 14 �� • ARTICLE 26. WAIVEFi 26.1 The Empioyer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subjeci conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shali not be obligated to meet and negotiate over any term or condition of emptoyment whether specifica4ly covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resoiutions, practices, policies, and rules or regulations regarding the tertns and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE SECTION 1. MILEAGE ALLOWANCE. Employees of the School District, under policy adopted by the Board of Education, may be reimbursed for ihe use of their automobiles for school business. The mileage allowance for eligible employees shall be established by tfie Board ot • Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate established by the intemal Revenue Service. SECTION 2. REIMBllRSEMENT PROCEDURES. An employee must keep a record of each trip made. Reimbursement shali be for the actual mileage driven in the performance of assigned duties as verified by fhe appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Subd. 1. Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitled to feave with pay for that purpose provided that tfie employee is not a party in the case, and provided that the case is not the result of litigation undertaken by the empioyee or the Union against the District. In cases where the Board is a party in the litigation, the employee shall be entitied to pay while attending as a witness at the request of the Board or as a co- defendant in the case. Subd. 2. Required Jurv Dutv. Any employee who is required to serve as a juror shall be granted leave with pay while serving on jury duty contingent upon the employee paying to the Board any fees received, minus travel allowance, for such jury service. The empioyee may seek to be excused from jury duty. • 15 �'�-��2 ARTfCLE 29. DURATfON AND PLEDGE 29.1 This Agreement shall become effective as of the date of signing, except as specificalfy provided otherwise in Articles 12 and 13, and shalf remain in effect through the 30th day of Aprii 2007, and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 282. 292 If either parry desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shalf give written notice to the other party, not more than ninety (90) or fess than sixty (60) calendar days prior to the expiration date, provided thai the Agreement may only be so terminated or modified effective as of the expiration date. 29.3 !n consideration of the terms and conditions ot employment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 29.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wilifuliy absent themselves from work, stop work, sfow down their work or ahsent themselves in whole or part from the full, faifhful performance of their duties of employment. 29.3.2 The Employer will not engage in, instigate or condone any Iockout of employees. 29_3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Education, and is also subject to ratification by the Union. Agreed to and attested to as the fuil and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 �--��G L��'�-� Chair, Board of Education �r/�� L� Negotiations/Employee Relations Manager w� Negotiations/Empi e Re ations Assistant Manager �-�9-1�� Date BRICKLAYERS AND ALLIED CRAFfWORKERS LOCAL 7 OF MIfVNESOTA / Business Agent Z3 �o D 16 • r • � Et!> � Y % %� � i�C 6� • APPENDIX A - The classes of positions recognized by the Employer as being exclusiveiy represented by the Union are as follows: � Bricklayer Lead Bricklayer General Lead Bricklayer Apprentice - Srickiayer and other classes of positions that may be established by the Empioyer where the duties and responsibilities assigned come within the jurisdiction of the Union. APPE(VD1X B Ali necessary hand tools. a . • irl �� APPEtJDIX C C-1. The total hourly cost to the Employer for wages plus any and alI contributions or deductions stated in Appendix D of this Agreement shatl not exceed the foffowing amounts: Bricklayer Lead Brickiayer General lead Bricklayer Effective 5-� -04 $41.19 $44.19 $45.19 Effective 4-30-05 $42.74 $45.74 $46.74 Effective 4-29-06 $4429 $4729 $4829 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding all other benefit casts and obligations ln Appendix D, for regutar and probationary employees for whom the employer contributes to PERA and who are appointed to the foilowing classes of posftions shaii be as foilows: Bricklayer Lead Bricklayer General Lead Bricklayer Effective Effective 5-1-04 4-3Q-OS $29.13 " $31.97 ' $32.92 ' Effective 4-29-06 .> C-2A. The basic hourly wage rates in this Appendix (C-2A) are for compensation anafvsis purposes onlv. These figures represent the portion of the Appendix C-1 rates above specifically allocated to wages. These retes do NOT inciude taxable benefit contri6utions and therefore should MOT be used for taxable payrol! calculations. See Appendix G2 above for total tauabie payroli information. Bricklayer Lead Bricklayer Generai Lead Bricklayer Effective 5-1-04 $25.87 $28.71 Effective 4-30-05 x Effective 4-29-06 >_ $29.66 18 • � • �� .�� _ � � APPENDIX C (continued) C-3. The total taxable hourty rate including wages and the vacation contribution in Appendix D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2001; and temporary employees appointed to the following ciasses of positions shali be: Bricklayer Lead Brickiayer General Lead Bricklayer Effective 5-1-04 $30.74 $33.74 $3474 Effective Effective 4-30-05 4-29-06 if a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C-1 above. � NOTES FOR APPENDICES C-2. C-2A AND C-3: The April 30, 2005, hourly rates in Appendices C-2, C-2A and C-3 shall be determined at a later date based on the allocation agreed to by the Empioyer and the Union of the April 30, 2005, total hourly cost stated in Appendix C-1. " The April 29, 2006, hourly rates in Appendices C-2, C-2A and C3 shall be determined at a iater date based on the allocation agreed to by the Employer and the Union of the April 29, 2006, total hourly cost stated in Appendix C-1. C-4. The basic hourly wage rates tor the Apprentice class of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. • If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. Effective May 1, 2004, when pertorming swing stage work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic hourly rate of the above ciassifications. 19 E ,;:,. � � � APPENDIX D Effective May 1, 2004, the Employer shall forward the amounts designated in this Appendix D for participating empioyees covered by this Agreement and defined in Articles 12.3, 12_4, and 12.5 to depositories as directed by the Union and agreed to by the Employer. (1) $3.26 per hour fior all hours worked from which ali appropriate payroil deductions have been made to a Union-designated Vacation Dues Fund. (2) $4.70 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $420 per hour for all hours worked to a Union-designated Pension Fund. (4) $125 per hour for all hours worked to a Union-designated Intemational Pension Fund. (5) $.30 per hour for ail hours worked to a Union-designated Aoprenticeship Fund. 7he Employer shall make legally estahiished non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the caiculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. � !t the Union adds a Defined Pension Fund plan during the term of this agreement, the Employer shali make the appropriate deduction and forward the amounts ' designated by the Union to depositories as directed by the Union. Any new � benefits fund will require a corresponding decrease in the taxabie hourly rate of pay. Ail contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The A,ppendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Empioyer shail estabiish Workers' Compensation and Unemployment Compensation programs as required by Minnesota SYatutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be estabiished by Personnel Ruies, Councii Ordinance or Councii Resolutions. The Employer's fringe benefit obiigation to participating employees as defined in Afticles 12.3, 12.4, and i2.5 is limited to the contributions and/or deductions established by this Agreement. The actual levei of benefits provided to employees shail be the responsibii"ity of the Trustees of the various funds to which the Employer has forwarded contributions and/or deductions. u 20 . � � ARTiCLE Article Article ARicle Article Article Article Article Article Article Articfe Article Articte Article Articie Articie Article Article Article Article Article Articfe Article Article Article Article Articie Articfe Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. �. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS r �T° �� TITtE Preamble...............................................................<-°--..........-°°--........., P Recognition .............................................. ......................................�---..... EmpioyerRights ..................................................................................... UnionRights ........................................................................................... PAGE ... IV ........1� ........1 ........ 2 Scope Of The Agreement .............................................................................�--�----.2 Probationary Periods....-�----�• .................................................................................. Philosophy of Employment And Compensation .....................................................3 Hoursof Work ........................................................................................................4 Overtime .................................................................................................................4 CaiiBack ..................................................................................................�--...........5 WorkLocation ........................................................................................................5 Wages .................................................................................................... FringeBenefits ....................................................................................... Selection of Foreman and General Foreman ......................................... Holidays.................................................................................................. Disciplinary Procedures .......................................................................... Absences Work ............................................................................ Sen iority ............. �---................................................................................. Jurisdiction ............................................................................................. Separation .............................................................................................. Toois....................................................................................................�-- Grievance Procedure ............................................................................. Right Subcontract ............................................................................... Non-Discrimination ................................................................................. Severability ............................................................................................. Waiver ........................................................................�--......................... Mi leag e ................................................................................................... Court Duty Leave .................................................................................... Duration and Pledge ............................................................................... Appendix .........................................................................•--........... Appendix ........................................................................................... Appendix ...................................................................................•--�--.. Appendix ........................................................................................... � ............7 --..........7 ............ 8 ............9 ............ 9 ..........10 ..........11 ..........11 .......---11 ..........12 ---.......14 ..........'14 ..........14 ..........15 ..........15 ..........15 ..........16 ....... 17 ....... 17 . 18-19 ....... 20 n - i J PREAMBLE This Agreement is entered into between independent School District No. 625, hereinafter referred to as the�Employer and the Intemationai Brotherhood of Painters and Aliied Trades Local 61, hereinafter referred to as the Union. The Employer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goai depends not only on the words in the Agreement but raiher primarily on attitudes between people at ail levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the generai public. • . • iv � � • ARTICLE 1. PURPOSE ; 1.1 The Employer and the Union agree that ihe purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of empioyee performance that is consistent with the safiety and well-being ofi all concemed; 1.12 Set torth rates of pay, fiours of work, and other conditions of employment as have been agreed upon by the Empioyer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement wfthout loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legisiation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the Iatter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTiCLE 2. RECOGNITION � 2.1 The Empioyer recognizes the Union as the exclusive representative for coilective bargaining purposes for all personnel having an employment status of regular, probationary, and temporary employed in the classes of positions defined in 22 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3108 dated December 29, 1989. 22 The classes of positions recognized as being exciusively represented by the Union are as listed in Appendix A. \ J �� ARTICLE 3. EMPt�OYER RIGHTS • 3.1 The Empioyer retains the right to operate and manage aii manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational siructure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specificaily limited by this Agreement, 3.2 Any `�erm or condition of employmenY' not esfabtished by this Agreemenf shalt remain with the Employer to eliminate, modify or establish following wriften notification to the Union. ARTICLE 4. UNION RIGHTS 4.1 The Empfoyer sha(( deduct from the wages of employees who aufhorize sucfi a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shall not deduct dues from the wages of empioyees covered by this Agreement for any other labor organization. 4.1.2 The Union shail indemnify and save harmless the Empioyer from any and all ciaims or charges made against the Employer as a result of the impiementation � of this Article. 4.2 The Union may designate one (1) empioyee from the bargaining unit to act as a Steward and shall inform the Empioyer in writing of such designation. Such empioyee shali have the rights and responsibilities as designated in Articte 22 (Grievance Procedure). 4.3 Upon not'rfication to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Empioyer where employees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the "terms and conditions of employment' defined by Minnesota Statute §179A.03, Subdivision 19, for aii employees exciusively represented by the Union. This Agreement shali supersede such `Yerms and condftions of employment" estabiished by Civil Service Rule, Council Ordinance, and Councii Resolution_ • �.�.� �� • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shali serve a six (6) month probationary period during which time the employee's fifiess and abiiity to perform the class of positions' duties and responsibilities shall be evaivated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Empfoyer without appeal to the provisions of Article 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher ciass of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 62.1 At any time during the promotional probationary period an employee may be demoted to the employee's previousfy-held class of posftions at the discretion of the Empioyer without appeal to the provisions of Article 22 (Grievance Proceduse). 62.2 An employee demoted during the promotional prohationary period shal( be retumed to the employee's previously-held class of positions and shaii receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Union. ARTiCLE 7. PH)L�SOPHY OF EMPLOYMENT AND COMPENSATiON 7.1 The Employer and the Union are in full agreement that the philosophy of empioyment and compensation shaA be a"cash" hourly wage and "industry' tringe benefit system. 7.2 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and houriy fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Benefits). 7.3 No other compensation or fringe benefits shall be accumuiated or earned by an employee except as spec'rficaiiy provided for in this Agreement; except those employees who have individually optioned to be "grandfathered" as provided by Article 12.2. • 3 r�&Lti �� ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eight (8} consecutive hours per day, exciuding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m_ 8.2 The normal wortc week shall be five (5) consecutive nortnal workdays Monday through Friday. 8.3 If, during the term of this Agreement, ft is necessary in the Employer's judgment to establish second and third shitts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts ancUor work weeks. E� 8.5 � This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. Ail employees shall be at the location designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location until the end of the established workday uniess otherwise directed by their supervisor. Ail employees are subject to call back by the Employer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shafi receive pay for two (2) hours, at the basic hour(y rate, unless notification has been given not to report for work prior to leaving home, or during the previous workday. • � ARTICLE 9. OVERTIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shall be done only by order of the head of the departrnent. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be detertnined solely by the Employer. 92 The rate of one and one-half (1-1/2) the hourly rate shall be the overtime rate for work pertormed under the following circumstances: 92.1 922 9.3 Time worked in excess of eight (8) hours in any one normai workday, and Time worked in excess of forty (40) hours in any work week. The time and one-half overtime rate shall be based on the total rate, including any premium pay, being eamed during the overtime hours worked. For the purpose of calculating overtime compensation, overtime hours worked shali not be "pyramided," compounded or paid twice for the same hours worked. • C! �l,�1.� ��":� � ARTICLE 10. CALL BACK 10.1 The Employer retains the right to cail back empioyees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 Employees calied back shall receive a minimum of four (4) hours of pay at the basic - hourty rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. � 0.4 Employees cailed back four (4) hours or less prior to their normai workday shall complete the normai workday and be compensated oniy for the overtime hours worked in accordance with Articie 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shail report to work location as assigned by a designated Empioyer supervisor. During the normal workday, empioyees may be assigned to other work locations at the discretion of the Employer. 112 Employees assigned to wo�k locations dusing the normal workday other than their originai � assignment, and who are required to furnish their own transportation, shall be compensated for mileage, as provided in Artic4e 27 (Miieage). • s 5 \ 4 �' ''n � � � � ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an empioyee. 122 Employees who were covered by the fringe benefits listed below prior to February 15, 1994, shall be considered for purposes of this Agreement, non-participating employees and shaii continue to be covered by such benefits. They shaii be subject to all other provisions of the Agreement, but shali not have hourly fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). 12.2.1 Insurance premium contributions as estabiished by Independent School District No. 625 including life and health insurance premium contributions for early retirees as of the time of the early retirement who have retired since May 23, 1973 in such time as they reach sixty-five (65) years of age. In order to be eligible for the health insurance premium contributions under the eariy retiree or retiree provision, the employee must: 122.1.1 1222 122.3 122_4 12.2.12 Be receiving benefits from a pubiic employee retirement act at the time of retirement. Have severed the employment relationship with the City of Saint Paui and Independent School District No. 625 under one of the early retiree pians. 122.1.3 Inform the Personnel Offices of Independent School District No. 625 and the City of Saint Paul in writing within 60 days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 122.1.4 Retire prior to Aprii 30, 2000. Sick leave as estabiished by the Civil Service Rules, Section 20. Vacation as estabiished by the Saint Paul Salary Pian and Rates of Compensation, Section i, Subdivision H. Nine (9) iegai hoiidays as establ�shed by the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision I. 12.3 Regular employees not covered by the fringe benefits listed in Article 122 shaii be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behaif as provided for by Article 13 (Fringe Benefits). 12_4 Temporary empioyees shali be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance wfth Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made in their behalf as provided for by Articie 13 (Fringe Benefits). 12.5 Ali regular employees empioyed after February 15, 1974, shall be considered, for the purpose of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benef"�ts). i • • [:� _ J �� • ARTICLE �3. FRINGE BENEFITS 13.1 The Employer shaif make contributions on behalf of andJor make deductions from the wages of participating employees as defined by Articles 12.3, 12.4, and 12.5 covered by this Agreement in accordance with Appendix D for aii hours worked. ARTICLE 14. SELECTION OF LEAD AND GENERAL LEAD � 4.1 The selection of personnel for the class of position Lead Painter shail remain solely with the Employer. 14.2 The class of position Lead Painter shall be filied by empioyees of the bargaining unit on a "temporary assignment " 14.3 AVf "temporary assignments° shaff be made only at the direction of a designated Empioyer supervisor. 14.4 Such `Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. u • 1 F � b� a n�� :i ARTICLE 15. HOLIDAYS 15.t The foliowing nine (9) days sha(( be designafed as hotidays: New Yeai's Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Christmas Day, January 1 Third Monday in January Third Monday in February Last Monday in May Jury 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New YeaPs Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shali be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday sha11 be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 ff, in the judgment of the Employer, personnef are necessary for operating or emergency reasons, empioyees may be scheduled or "cailed back" in accordance with Article 10 (Call Back). 15.5 Participating employees as defined in Articles 12.3, 12_4, and 12.5 assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated at the basic hourly rate for such hours worked_ 15.6 Such partcipating employees assigned to wnrk on New Year's Day, Memorial Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic houriy rate for such hours worked. 15.7 If an employee other than a participating empioyee entitled to a holiday is required to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving, the employee shalt be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department pertnits or shaii be paid on a straight-time basis for such hours worked in addition to his regular holiday pay. If an employee other than a participating employee entitied to a holiday is required to work on IVew Year's Day, Memoriai Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day, the employee shall be recompensed for work done on this day by being granted compensatory time on a Yime-and-one-half basis or by being paid on a time-and- one-half basis for such hours worked in addition to his regular holiday pay. Eligibility for holiday pay shall be determined in accordance with Section i, Suhsection I of the Saint Paul Saiary Plan and Rates of Compensation, 15.8 if Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving falis on a day when school is in session, the employee shall work that day at straight time and another day shail be designated as the holiday. This designated holiday shall be determined by agreement between the empioyee and his supervisor. �1 LJ � • "'F h ) .'�1, �� • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Empioyer shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Empioyer shall inciude only the following actions: 162.1 Orai reprimand; 16.2.2 Written reprimand; 162.3 Suspension; 162.4 Demotion; �6.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shali retain afl rights under Minnesota Statute §179A20, Subd. 4, and thereby shall have the right to request that such actions be considered a°grievance" for the purpose of processing through the provisions of Articie 22 (Grievance Procedure). Once an employee or the Union in the employee's behalf initiates review of an action, that matter shail not again be reviewed in another forum. Orai reprimands shali not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to � notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 Faifure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. u ',,.. - "�' 1` v + ARTICLE 18. SENIORITY • 18.1 For the purpose of this Article fhe following ierms shall be defined as tollows: 18.7.9 The term, "Employer,' shal! mean lndependeni Schooi District No. 625, Saint Paul Public Schools. 18.1.2 The term, "Master Seniority," shall mean the length of continuous regular and probaiionary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this Agreement. '18.1.3 The term, "Class Seniority" shail mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This SecYion 78.1.3 is irtfended to mean fhat for any person no matter what ihe person's prior experience or how hired by the District, the person's class seniorify siarts at zero the day of appoi�trneni to a School District position in that title and begins to be caiculated from that date. An employee's Class Seniority does not revert to zero tollowing recall from an Employer initiated layoff within the twenty-four (24)-month recall rights period specffied in 18.4. This deiinition of class seniority would be used for ai1 lay-o�f decisions. 182 Seniority shall not accumulate during an unpaid leave o{ absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to allow an employee to accept an appointment to the unclassrfied service of the Employer or to an elected or appointed full-time position with � the Union. 78.3 Seniority shall terminate when at� employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is rtecessary to reduce tFte workforce, employees witi be laid ofF by class title within each Department based on inverse length of "Class Seniority.' Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previousty held which is covered by this Agreement, provided the empioyee has greater "Class Seniority' than the employee beirtg replaced. Recall from layoff shaii be in inverse order of Iayoff, except that recall rights shal! expire after twenty-four (24) months from the last day of work preceding the la}roff. No other Civii Service recali rights to this Employer shall appiy. This provision does not address any rights the employee may have to be recalied to any other emptoyer. 78.5 The selection of vacation periods shatl be made by ciass title based on length of °Class Seniority,° subject to the approval of the Empioyer. � i0 ,� . � �- � �, ARTICLE 19. JURfSDICTION • 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empfoyees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual - agreements between the unions involved. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shail restrict the righi of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Employer and as cfarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruptian of work resulting from a work assignment. ARTICLE 20. SEPARATION � 20.1 Employees having a probationary or regular employment status shali be considered separated from employment based on the foilowing actions: 20.1.1 Resiqnation. Empioyees resigning from empioyment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharqe. As provided in Article 16. 20.1.3 Failure to Re�ort for Dutv. As provided in Article 17. 20.2 Empioyees having temporary employment status may be terminated at the discretion of the Empioyer before the completion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shall personally provide themselves with the tools of the trade as listed in Appendix B. , • 11 � / ) 3 �9 �•; .� : r ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and • regulations as the grievance representative of the bargaining unit. The Union shali notify ihe Employer in writing ot the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Empioyer and the Union that the processing of grievances as hereinafter provided is timited by the job duties and responsibiiities ot the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and resportsibitities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided ihe Steward and the employee have not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Empioyer. 22.3 The procedure established by this Article shalf, except as previousiy noted in Article 16 (Discipiinary Procedures), be the sole and exciusive procedure, for the processing of grievances, which are defined as an atleged viofafion of the terms and conditions ot this Agreement. 22.4 Grievances shail be resoived in conformance with the following procedure: Steo 1. Upon the occurrence of an aileged violation of this Agreement, the employee invoived shalf attempt to resoive fhe matfer on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to wrifing and referred to Step 2 by the Union. The written grievance shail set forth the nature � of the grievance, the facts on which it is based, the alleged section(s) of fhe Agreement violated, and the relief requested. My aiieged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within seven (7) days of the date when the grievant with the use of reasonable di(igence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Employer Supervisor shali meet with the U�ion Steward and attempt to resolve the grievance. if, as a resuR of this meeting, the grievance remains unresoived, the Employer shaii repiy in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 wdhin seven (7) calendar days following receipt of the Employe�'s written answer. Any grievance not referred in writing by the Union within seven (7) calendar days foliowing receipt of the EmployePs answer shali be considered waived. � 12 ��C:. . j.` l �� • ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Empioyer Supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve ihe grievance. Within seven (7) calendar days following this meeting, the Empioyer shall reply in writing to the Union stating the Employers answer conceming the grievance. if, as a result of the written response, ihe grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union may refer the grievance to Step 4 within seven (7) calendar days following receipt of the Empioyer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be condueted by an arbittator to be selected by mutual agreement of the Empioyer and the Union within seven (7) caiendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5j arbitrators. Soth the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shaii strike the first (1st) name; the Empfoyer shaii then strike one ('f) name. The process will be repeated and the remaining person shall be the arbftrator. 22.5 The arbitrator shali have no right to amend, modify, nuilify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide oniy the specific issue submitted in writing by the Employer and the Union and shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be wRhout power to make decisions contrary to or inconsistent with or modifying or varying in any way the application ot laws, rules or regulations having the force and effect of law. The arbitratoPs decision shall be submitted in writing within thirty (30j days foliowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shail be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shali be borne equally 6y the Employer and the U�ion, provided that each party shall be responsible for compensating fts own representative and witnesses. If eBher party cancels an arbiiration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verbatim recocd ot the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time IimRs in each step of this procedure may be extended by mutual agreement of the Employer and the Union. • 13 � ., � ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by ihe employees covered by this Agreement. In ihe event fhat such contracfing would result in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shait in ail cases be made only to employers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to empioyees equally without regard to or discrimination for or againsc, any individual because of race, cotor, creed, sex, age or because of inembership or non-membership in the Union. C J 24.2 Employees wiii pertorm their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities invoive other employees and the generai pubiic. ARTICLE 25. SEVERABILITY � 25.1 in the event that any provision(s) of this Agreement is declared to be contrary to law by proper legisiative, administrative or judicial aerthority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shali coniinue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiafions to piace the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. • 14 �,.� �� ^ f �r, L • ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Empioyer and the Union for the duration of this Agreement agree that the other party shall not be obligated to meet and negotiate over any term or condition of employment whether spec'rfically covered or not spec'rficaliy covered by this Agreement. The Union and Employer may, however, mutuafly agree to modify any provision of this Agreement. 26.3 Any and ali prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE SECTION 1. MILEAGE ALLOWANCE. Empfoyees of the Scfiool District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mileage aAowance for eligibie employees shal! be established by the Board of � Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate established by the Intemat Revenue Service. SECTION 2. REIMBURSEMENT PROCEDURES. An empioyee must keep a record of each trip made. Reimbursement shail be for the actuai mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance wfth School District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Subd. 1. Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitied to leave with pay for that purpose provided that the employee is not a party in the case, and provided that the case is not the resuit of litigation undertaken by the employee or the Union against the District. In cases where the Board is a party in the litigation, the employee shall be entitied to pay while attending as a witness at the request of the Board or as a co- defendant in the case. Subd. 2. Required Jurv Dutv. Any employee who is required to serve as a juror shall be granted leave wfth pay while serving on jury dury contingent upon the employee paying to the Board any fees received, minus travel allowance, for such jury service. The empioyee may seek to be excused from jury duty. \ J 15 l "U ^l f ARTICLE 29. DURATION AND PLEDGE 29.1 This Agreemeni shal! become effecYive as of the date of signing, except as specifically provided otherwise in Articles 12 and 13, and shall remain in effect through the 30th day of Aprii, 2007, and continue in eHecf from year fo year thereafter unfess notice to change or to terminate is given in the manner provided in 292. 29.2 If e'dher party desires to terminate or modify this Agreement effective as of the date of expiraYion, the party wishing to modify or terminate ihe Agreement shal! give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminafed or modified eftective as ofthe expiration date. 29.3 In consideration of the terms and conditions of employment established by this Agreement and the recogniiion ihat the Grievance Procedure herein esiablished is the means by which grievances concerning its appiication or interpretation may be peacefully resolved, the parties hereby pfedge thai during the ferm of the Agreement; 29.3.1 The Union and the emplqyees wil! not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully abseni ihemselves trom work, siop work, slow down iheir work or abseni themselves in whole or part from the full, faithful performance of their duties of employment. 29.3.2 The Employer wiil not engage in, instigate or condone any Iockout of employees. 29_3.3 This constitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approvai of the Board of Education, and is also subject to ratification by the Union. Agreed to and attested to as the full and complete understanding of the parties for the period of time herein spec'rfied by the signature of the following representatives for the Employer and the Union. W ITNESSES: INDEPENDEM SCHOOL DISTRICT NO. 625 ` �e--/� e U /(/l . Chair, Board of Education "Negoti�n� mployee Re Iations Manager � Negotia5ons/Emp6 ee Relafions Assistant Manager �/a�/�� Date INTERNATIONAL UNION OF PAINTERS AND ALLIED TRA S DIS7RICT COUNCIL 82 . / L � /A V� Busiry ss nag� �rz�iG4 Date � � � u � i. _ � " .� � APPENDIX A The cfasses ofi positions recognized by the Empfoyer as being exclusively represented by the Union are as follows: Painter Lead Painter General Lead Painter Apprentice - Painter and other classes of positions that may be established by the Employer where the duties and responsihi(ities assigned come within the jurisdiction of the Unio�. � APPENDIX B Duster Wail Scrapers Putty Knife Broad Knife Hammer Screwdrivers � 17 _. . ' � ..� � APPENDIX C � C-1. The total hourly cost to the Employer for wages plus any and ali contributions or C�EC�LCtlORS stated in Appendix D of this Agreement shall not exceed the following amounts: Effective Effective Effective 5-1-04 4-30-05 4-29-06 , Painter $39.03 $4�.58 42,08 Lead Painter $40.03 $41.58 43.08 General Lead Painter $41.03 $42.58 44.08 C-2. The total taxable hourly rate including wages and the vacation and working assessment contributions in Appendix D and excluding aii other benefR costs and obligations in Appendix D, for regu(ar and probationary employees for whom the employer contributes to PERA and who are appointed to the foilowing classes of positions shali be as follows: Effective Effective Effective 5-'I -04 4-30-05 4-29-06 Painter $23.93 ' " Lead Painter $24.87 * " General Lead Painter $25.82 ' C-2A. The basic hourly wage rates in this Appendix (G2A) are for compensation anaivsis � pumoses onlv. These figures represent the portion of the Appendix G1 retes above specifically aliocated to wages. These rates do NOT include tauabie benefit contributions and therefore should NOT be used for taxable payroll calculations. See Appendix G2 above for total taxabie payroll information. Effective Effective Effective 5-1-04 4-30-05 4-29-06 Painter $22.43 ` " Lead Painter $23.37 ' " General Lead Painter $24.32 * " C-3. The totai faxable hourly rate including wages and ihe vacation contribution in Appendix D for temporary employees appointed to the following classes of positions shall be: Effective Effective Effective 5-1-04 4-30-05 4-29-06 Painter $27.70 ' " Lead Painter $28.70 * " General Lead Painter $29.70 If a temporary employee working in a titfe listed in this Appendix G3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires • the Emptoyer to make contributions to PERR, the catculated hourty rate may change so the Employe�'s cost does not exceed the amounts listed in C-1 above. 18 :��;�._.,� "� �� . APPENDIX C (continued) C-4. The total taxable hourly rate including wages and the vacat7on contribution in Appendix D for regular a�d probationary employees who were hired on or after May 1, 2001, and are exempt from PERA and for employees who opted out of receiving employer contributions to PERA during the period May 1, 2001 and December 30, 2001, who are appointed to the foilowing classes of positions shall be: Painter Lead Painter Generat Lead Painter Effective 5-1-04 $25.25 $2625 Effective Effective 4-30-05 4-29-06 .. $2725 NOTES FOR APPENDICES C-2. C-2A. C-3. and C-4: The Aprii 30, 2005, houriy rates in Appendices C-2, C-2A, C-3, and C-4 shail be determined at a later date based on the aliocation agreed to by the Empfoyer and the Union of the April 30, 2005, �[otai hourly cost stated in Appendix C-1. ** The April 29, 2006, hourly rates in Appendices C-2, C-2A, C-3, and C-4 shali be deterrimined at a later date based on the aliocation agreed to by the Empioyer and the Union of the April 29, 2006, total hourly cost stated in Appendix C-1. • C-5. The basic houriy wage rates for the Apprentice ciass of positions: This Section is heid open for the addition of appropriate Apprentice rates in the event the Empioyer initiates the employment of Apprentices. If the Union elects to have the contributions Iisted in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, section C-1. PREMIUM pAYASSIGNMENTS: When pertorming the following types of work, the rate of pay shall be seventy-five cents ($.75) per hour over the basic houriy wage rate of any ciass of positions. Sandblasting, hot water pressure washing, swing stage work, erected structural steei skeleton work, aA bridge work, al! exterior work where safety belt or window jacks are used, spray painting and when applying materials over 50% creosote, for application of all twacomponent epoxy materials. • 19 ' .� e... w.. ' ,: .. -.. . , � APPENDIX D Effective May 1, 2004, the Empioyer shall forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer: (1) $1.50 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacaiion Fund. (2) $4.55 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $5.2Q per hour for all hours worked to a Union-des+gnated Pension Fund (4) $3.75 per hour tor all hours wortced to a Union-designated tntemationat Pensiort Fund• for regular employees paid at the Appendix G2 and C-4 rate; $1.30 per hour for atI hours worked for temporary empioyees paid at the Appendix C-3 rate. (5) $28 per hour for aIl hours worked to a Union-designated Aoprerrticeship Fund. The Employer shall make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employers cost does not exceed the amounts listed in C-1 above. r1 LJ Ali contribu6ons made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shaii be forwarded to depositories as directed by the Union and agreed to by the Empioyer. The Employer shal! establish Workers' Compensation and Unempioymeni Compensation S programs as required by Minnesota statutes. Participating employees as defined in Articles 12.3, 12_4, and 12.5 covered by this Agreement shafl not be efigibie for, govemed by or accumuiate vacation, sick leave, holiday, funeral teave, or insurance fringe benefits that are or may be established by Personnel Ruies, Council Ordinance or Council Reso(utions. The Employer's fringe benefit obligation to participating employees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Employer has forvuarded contributions and/or deductions. L_J 20 �� 72 � 4 � .� TABLE OF CONTENTS ARTICLE TITLE PAGE Preamble.........--•• ..................................................................................................... iv Articie1. Purpose .....................................................................................................................1 Article2. Recognition ....................................................�--�----....................................................1 Article3. Employer Rights ........................................................................................................1 Article4. Union Rights ..............................................................................................................2 Articfe 5. Scope of the Agreement........--�• ................................................................................2 Article6. ProbationaryPeriod ...................................................................................................3 Article 7. Philosophy of Employment and Compensation .........................................................3 Articie8. Hours of Work ...........................................................................................................4 Article9. Overtime ....................................................................................................................4 Article10. Cali Back--�---� ............................................................................................................. Article11. W ork Location ........................................................................................................... 5 Article12. Wages .......................................................................................................................5 Article 13. Fringe Benefits ..................................................................�--•--...................................6 Article 14. Selection of Foreman and General Foreman ............................................................6 Articie15. Holidays .....................................................................................................................7 Article 16. Discipfinary Procedures .............................................................................................8 Article 17. Absences From Work ................................................................................................8 Article18. Seniority ..................�---...............................................................................................9 Article 19. Jurisdiction ...............................................................................................................10 Article20. Separation ...........................................................................•--.................................10 Article21. Tools ........................................................................................................................10 Articie 22. Grievance Procedure ..........................................................................................11-12 Article 23. Right of Subcontract ................................................................................................12 Article 24. Nondiscrimination ...............................................................................................�--..13 Article25. Severability ..............................................................................................................13 Article26. Waiver .....................................................................................................................13 Articie27. Mileage ....................................................................................................................13 Article 28. Court Duty Leave ..................................•----..............................................................14 Article 29. Pare�tailMaternitylFMLA Leave -------• ..................................°----°••---.----..................14 Article 30. Duration and Pledge ................................................................................................15 Appendix ..............................................................................................................16 Appendix .............................................................................................................. i7 AppendixC .........................................................................................................18-19 Appendix .........................................................................�---.................................20 � '.��- �� PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Employer, and the Lakes and Plains Regional Council of Carpenters and Joiners of United Brotherhood of Carpenters and Joiners of America, hereinafter referred to as the Union. The Emptoyer and the Union concur that this Agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective iabor-management cooperation. The Empioyer and the Union both realize that this goai depends not only on the words in the Agreement, but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees wiil best serve the needs of the generat pubiic. � � u IV � �� r :? 7 � • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 1.1.2 1.1.3 Achieve orderly and peaceful relations, thereby esfabiishing a system of uninterrupted operations and the highest levei of empioyee performance that is consistent with the safety and weli-being ofi all concemed; Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Establish procedures to orderiy and peacefuily resolve disputes as to the application or interpretation of this Agreement without loss of productiviry. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legisiation that creates and diseets the Employer. If any part ot this Agreement is in conflict with such legislation, the lattei shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 22 as certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2359 dated t3ovember 24, 1989. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ail empioyees, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology, to establish and modify the organizational structure; to select, direct, and determine the number of personnel; and to pertorm any inherent managerial function not specificaliy timited by this Agreement. 3.2 Any `term or condition of empioymenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written not'rfication to the Union. • `.�I �'� r ..f � � ARTICLE 4. UNION RIGHTS • 4.1 The Employer shall deduct from the wages of empioyees who authorize such a deduction in writing an amount necessary to cover monthly Union dues. Such monies deducted shall be remitted as directed by the Union. 4.1.1 The Employer shalt not deduct dues from the wages of employees covered by this Agreement for any other labor organization. 4.1.2 The Union shall indemnify and save harmless the Employer from any and al( claims or charges made against the Employer as a resuft of the impiementation of this Article. 4.2 The Union may designate one (1) emptoyee from the bargai�ing unit to act as a Steward and shall inform the Employer in writing of such designafion. Such employee shail have the rights and responsibilities as designated in Articie 22 (Grievance Procedure). 4.3 Uport notification to a designated Employer supervisor, the Business Manager ot the Union or the designated representative shali be pertnitted to enter the facilities of the Empioyer where empioyees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement establishes the 'Yerms and condftions of empioymenY' defined by Minn. Stat. § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. � This Agreement shall supersede such "terms and conditions of employmenY' estabtished by Civil Service Rule, Council Ordinance, and Councii Resolution. • , �� h ?�� . � � � • � • ARTICLE 6. PROBATIONARY PERtOD 6.1 Aii personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fitness and abil'dy to pertorm the cfass ot positions' duties and responsibitities shali be evaluated. 6.1.1 6.1.2 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). An employee terminated during the probationary period shail receive a written notice of the season(s) for such termination, a copy ot which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month promotiona! probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 62.1 At any time during the promotional probationary period an employee may be demoted to the employee's previously-heid class of positions at the discretion of the Empioyer wfthout appeal to the provisions of Article 22 (Grievance Procedure). 622 An emp(oyee demoted du�ng the promotional probationary period shall be returned to the employee's previousiy-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" houriy wage and "industry" fringe benefft system. 72 7.3 The Employer shall compensate employees for all hours worked at the basic houriy wage rate and hourly fringe benefit rate as found in Articles 12 (Wages) and 13 (Fringe Beneffts). No other compensation or fringe benefit shall be accumulated or eamed by an employee except as spec'rfically provided for in this Agreemeni. 3 L3 V , � � � AR7ICLE 8. 8.1 82 HOURS OF WORK The'• normai workday shail be eight (8) consecutive hours per day, exduding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normai work week shali be five (5) consecutive normal workdays Monday through Friday. 8.3 If, during the term of this Agreement, it is necessary in the EmployePs judgment to estabiish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 Ail employees shali be at the location designated by their supervisor, ready for work, at the estabiished starting time and shall remain at an assigned work location until the end of the esiabiished workday unless ofhenvise directed by their supervisor_ 8.6 Ail employees are subject to call back by the Employer as provided by Article 10 (Call Back). 8.7 Empioyees reporting for work at the established starting time and for whom no work is available shali receive pay for two (2) hours, at the basic hourly rate, unless notrfication has been given not to report for work prior to leaving home, or during the previous workday. ARTIC�E 8. OVERTIME 9.1 Ail overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work ciaim will be honored for payment or credit unless approved in advance. An overtime ciaim wil( not be honored, even though shown on the time card, uniess the required advance approval has been obtained. � � Fb! The overtime rate of one and one-half (1-112) the basic hourly rate shall be paid for work pertormed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal workday, and 92.2 Time worked in excess of forty (40) hours in any seven (7}-day period. For the purpose of calculating overtime compensation, overtime hours worked shall not be `pyramided," compounded or paid twice for the same hours worked. Overtime hours worked as provided by this Article shali be paid in cash or in compertsatory time. The method of payment shall be determined solely by the Employer. • � • 0 l I J � � � 9 � • ARTICLE 10. CALL BACK 10.1 The Employer retains the right to cali back employees before an employee has started a normal workday or normal work week and after an empioyee has completed a normal workday or normal work week. 10.2 Employees calied back shail receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Article 9(Overtime), when applicabie, and subject to the minimum established by 102 above. 10.4 Employees called back fiour (4) hours or less prior to their normal workday shaii complete the normal workday and be compensated oniy for the overtime hours worked in accordance with Article 9 (Overtime). ARTICLE 11. WORK LOCATION 11.1 Employees shall report to the work location as assigned by a designated Employer supervisor. During the normai workday, employees may be assigned to other work locations at the discretion of the Employer. 11.2 Empioyees assigned to work locations during the normal workday, other than their original � assignment, and who are required to furnish their own transportation, shail be compensated for mileage, as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as estabiished by Appendix C shail be paid for all hours worked by an employee. 122 Regular employees and temporary employees shaii be compensated in accordance with Articie 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behaif as provided for by Article 13.1 (Fringe Benefits). • 5 �� , —, ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shail make contributions on behalf of and/or make deductions from the wages of empioyees covered by this Agreement in accordance witfi Appendix D for all hours worked. 132 The Employer will for Yhe period of this Agreement provide, for those employees hired before February 15, 1974, and who were eligibie for the Employer's Heaith and Weifare premium contributions and who have retired since May 15, 1978 such heatth insurance premium contributions up to the same doliar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 I'rfe insurance coverage untii such employees reach sixty-five (6b) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the empioyee must: 132.1 1322 Be receiving benefits from a public emp(oyee retiree act at fhe fime of retirement. Have severed the empioyment relationship with the City of Saint Paui and/or Independent School District No. 625 under one of the early retiree plans. 132.3 Inform the Human Resource Department of Independent School District No. 625 and Office of Human Resources, City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for eady reiiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in 132 or for early retirees who quairfied under 132 and have reached age sixty-five (65) after retirement the Empioyer wiii provide payment of premium for a Medicare suppiement health croverage policy selected by the Employer. ARTICLE 14. SELECTION OF FOREMAN AND GENERAL FOREMAN 14.1 The selection of personnel for the cfass of position Carpenter Foreman shall remain solely with the Employer. 142 '14.3 The class of position Carpenter Foreman shali be filled by employees of the bargaining unit on a `Yemporary assignment" Ail 'Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (9) norma! workday. � �� • �'�� %� �• •uva i � • ARTICLE 15. HOLIDAYS 15.1 The foliowing nine (9) days shall be designated as holidays: New Yea�s Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July a First Monday in September Fourth Thursday in November Fourth Friday in November December 25 15.2 When New YeaPs Day, Independence Day or Christmas Day falis on a Sunday, the following Monday shaft be considered the designated holiday. When any of these three (3) holidays falis on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shali be considered non-workdays. 15.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or "cailed back" in accordance with Article 10 (Call Sack). 15.5 Employees assigned to work on Martin Luther King Day, Presidents' Day, or the day after Thanksgiving or shali be compensated on a straight-time basis for such hours worked. 15.6 Empioyees assigned to work on New Year's Day, Memorial Day, independence Day, Labor Day, 7hanksgiving Day or Christmas Day shail be compensated at the rate of two (2) times the basic houriy rate for such hours worked. 15.7 if Martin Luther King Day or Presidents' Day falis on a day when school is in session, the empioyees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shaii be determined by agreement between the employee and his supervisor. 7 � �; �' � ARTICLE 16. DISCtPL(NARY PROCEDURES 16.1 The Employer shali have the righi to impose disciplinary acfions on employees for jusi cause. 162 Disciplinary actions by the Employer shaii inciude oniy the following actions: 16.2.1 Oral reprimand; 16.22 Written reprimand; 162.3 Suspension; 162.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shail retain all rights under Minn. Stat. §. 179A20, Subd. 4, and thereby shall have the right to request that such actions be considered a°grievance' for the purpase of processing through the provisions of Arficle 22 (Grievance Procedure). Once an emp(oyee or the Union in the emptoyee's behalf initiates review of an acfion, that matter shail not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 17.3 Faiiure to make such notification may be grounds for discipline as provided in Articie 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive nortnal workdays may be considered a"quiY' by the Empioyer on the part of the empioyee. � � • � � } . � 3 �J _J�- • ARTICLE 18. SENIORITY 18.1 For the purpose of this Article the following terms shaii be defined as foliows: 18.1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schoois. 18.12 The term, "Master Seniority," shail mean the Iength of continuous regular and probationary service with the Employer from the date an emptoyee was Tirst appointed to any ciass title with the Empioyer covered by this Agreemeni. 18.1.3 Employees hired on or after May 1, 2004, shall receive no seniority credit for years of service with the City of Saint Paui. 18.1.4 The term, °Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. Tfiis Seetion 18.1.4 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a Schooi District position in that title and begins to be calculated from that date. An employee's Class Seniority does not revert to zero foliowing recall from an Employer inftiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of ciass seniority would be used for ail layoff decisions. � 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to aliow an employee to accept an appointment to the unclass'rfied service of the Empfoyer, or to an elected or appointed fuff-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Ciass Seniority." Employees laid off by the Empioyer shaii have the right to reinstatement in any lower-paid class title previousiy held which is covered by this Agreement, provided the empioyee has greater "Class Seniority" than the employee being repiaced. Recali from layoff shall be in inverse order of layoff, except that recall rights shail expire after lwenty-fiour (24) months from the last day of work preceding the layoff. No other Civii Service recall rights to this Employer shail apply. This provision does not address any rights the employee may have to be recalled to any other empioyer. 18.5 The selection of vacation periods shail be made by class tftle based on length of "Class Seniority," subject to the approvat of the Employer. • ' r� / ARTICLE 19. JURISDICTION 19.1 Disp'utes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Empioyer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreemenfs between the unions invofved. 19.3 In the event of a dispute conceming the perfortnance of assignment of work, the unions invoived and the Empioyer shaii meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Empioyer to accomplish the work as originally assigned pending reso(ution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shali be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shail be no work stoppage, slow down or any disruption of work resutting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular empioyment status shail be consitlered separated from employment based on the following actions: 20.1.1 20.12 20.1.3 Resiqnation. Empioyee resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharae. As provided in Artcle 16. Faiiure to Reoort for Dutv. As provided in Articie 17. 20.2 Empioyees having a temporary empioyment status may be terminated at the discretion of the Empioyer before the completion of a normal workday. ARTICLE 21. TOOLS 21.� All employees shall personaliy provide themseives with the toois of the trade as i'�sted in Appendix B. • � � 10 � ,, f V J � • ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shail recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 it is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shali therefore be accomplished during working hours onty when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shail suffer no ioss in pay when a grievance is processed during working hours, provided the Steward and the employee have nofrfied and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Empioyer. 22.3 The procedure estabiished by this Article shail be ihe soie and exclusive procedure for the processing of grievances, except as previously noted in Article 16 (Discipiinary Procedures). Grievance is defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shali be resolved in conformance with the folbwing procedure: Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfaction by the informai discussion, ft may be reduced to writing and � referced to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alieged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shaii be considered waived. St2p2. Within seven (7) calendar days after receiving the written grievance, a designated Empioyer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a resutt of this meeting, the grievance remains unresolved, the Employer shail reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in wrfting to Step 3 within seven (7) calendar days foilowing receipt of the EmployePs written answer. Any grievance not referred in writing by the Union within seven (� cale�dar days foilowing receipt of the Employer's answer shail be considered waived. Step 3. Within seven (7) calendar days foilowing receipt of a grievance referred from Step 2, a designated empioyer supervisor shall meet with the union business manager or his designated representative and attempt to resolve the grievance. Wfthin seven (7) calendar days following this meeting, the empioyer shall reply in wrfting to the Union stating the empioyer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to step 4. Any grievance not referred in writing by the Union to step 4 within seven (7) calendar days foliowing receipt of the empioyer's answer shall be considered waived. • 11 -- %� �� ARTICLE 22. GRIEVANCE PROCEDURE (continued) � Steo 4. If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Empioyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Empioyer and the Union within seven (7) calendar days after nofice has been givert. tf the parties fail to mutualiy agree upon art arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shali strike the first (1st) name; the �mpioyer shali then strike one (1) name. The process wiil be repeated and the remaining person shall be the arbitrator. 22.5 The arbitrator shali have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in wr�ing by the Employer and the Union and shall fiave no authority to make a decision on any oiher issue not so submitted. The arbitrator shail be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrators decision shall be submitted in wrfting within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shai! be based solely on the arbitrato�s interpretation or application of the express tertns of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fee and expenses for the arbftrato�'s services and proceedings shali be bome equally � by the Empioyer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutuai agreement of the Employer and the Union. ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shalf give the Union a ninety (90) calendar day notice of the intenfion fo subcontract. 232 The subcontracting of work done by the empioyees covered by this Agreement shali in all cases be made only to employers who quafify in axordance with Ordinance No. 14013. • '!2 ) � . � - _: f . �, • ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 24.2 Employees will pertorm their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shali be voided. All other provisions shall continue in fuil force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to piace the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which � resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreemerts and understartdings reached by the paRies after the exercise of this right are fully and completely set forth in this Agreement. 262 Therefore, the Employer and the Union for the duration of this Agreement agree that the other party shail not be obligated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE SECTION 1. MILEAGE ALLOWANCE. Employees of the School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mifeage alfowance for eVigibie empfoyees shall be estabiished by the Board of Education. The mileage reimbursement rate shall be indexed periodically to refiect the rate established by the Intemal Revenue Service. SECTION 2. REIMBURSEMENT PROCEDI{RES. An employee must keep a record of each , trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned � duties as verified by the appropriate schooi district administrator and in accordance with School District Business Office policies and procedures. 13 � T � � ! � � ARTICLE 28. I COURT DUTY LEAVE 28.1 Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shaii be entitled to teave with pay for that purpose provided that the emptoyee is not a party in the case, and provided that the case is not the result of Iftigation undertaken by the empioyee or the Union against the District. in cases where the Board is a party in the litigation, the employee shall be entitled to pay while attending as a witness at the request of the Board or as a co-defendant in the case. 282 Required Jurv DuN. Any employee who is required to serve as a juror shall be granted leave with pay while serving on jury duty contingent upon the employee paying to the Board any fees received, minus travei ailowance, for such jury service. The employee may seek to be excused from jury duty. ARTICLE 29. PARENTAUMATERNITY/FMLA LEAVE 29.i ParentaUMatemityLeave 29.1.1 Parental leave is a leave wfthout pay or benefits which shall be granted upon request subject to the provisions of this Section. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or chiidren of the employee for an extended period of time immediatety following adoption or the conclusion of pregnancy; such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shali be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Employer. 29.1.2 in the case of adoption, the empioyee shall submft to the Director of Human Resources of Independent School Disfrict No. 625 a written application inciuding the anticipated date of placement of the child, at least tweive (12) weeks in advance of the anticipated date of placement, or earlier 'rf possible. Documentation will be required. 29.1.3 When an employee is retuming from parental leave extending over a period of six (6) calendar months or less, the employee shall be placed, at the 6eginning of the first pay period foilowing the scheduled date of retum, in the same pasition held prior to the leave or, if necessary, in an equivalent position. 29.1.4 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the empioyee wili be placed in an equivalent position after the scheduled date of retum as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no cert'rfied incumbent, which is to be filled, and for which no other person has rights. 12.2 Famiiv Medicai Leave. Effective February 1, 1994, leaves of absence shail be granted as required under the federai Iaw known as the Famiiy and Medicai Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures which coordinate contractual provisions with FMLA. � � � 14 04_ �� ARTICLE 3�. DURATfON AND PLEDGE 30.1 This Agreement shall become effective as of the date of signing, except as spec'rfically provided otherwise in Articles 12 a�d '13, and shall remain in effect through the 30th day of April, 2007, and continue in effect firom year to year thereafter unless notice to change or to terminate is given in the manner provided in Article 25. 302 If either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreemeni may only be so terminated or modified effecfive as of the expiration date. 30.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabtished is the means by which grievances concerning its application or interpretation may be peacefully resolved, the parties hereby pledge that during the term of the Agreement: 30.3.1 The Union and the employees will not engage in, instigate or condone any concerted actio� in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or paR from the full, faithfu! perfoanance of their duties of employment. 30.3.2 The Employer will not engage in, instigate or condone any lockout of employees. � • 30.3.3 This constitutes a tentative agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratrfication by the Union. The parties agree and attest by the signature of the following representatives for the Employer and the Union that this represents the full and complete understanding of the parties for the period of time herein specified. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 r�irn.� �2�� Chair, Board of Education LAKES AND PLAINS REGIONAL CO�UNCIL OF CARPENTERS AND JOINE S usines�r 9 ��/__./� f�"ego iatio loyee �I i s M� >'�,ro`--�W�,�2�/ Negotiations/Em oyee Relations Assistant Manager �/-� �/ � Date �/z� � Date 15 ��- ��:� APPENDIX A The classes of positions recognized by the Employer as being exclusiveiy represented by the Union are as follows: Carpenter Lead Carpenter Apprentice - Carpenter and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. � , � • 16 � � APPENDIX B All necessary hand tools. � � • 17 `,� � - � !� �: APPENDIX C Ct. The total hourly cost to the Empioyer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shall not exceed the foliowing amounts: Carpenter Lead Carpenter Effective 5-1-04 $40.04 $41.79 Effective 4-30-05 $41.59 $43.34 Effective 4-29-06 $43.09 $44.84 C2. The total taxable hourly rate including wages and the vacation fund and holiday fund contributions in Appendix D and excluding all other benefit costs and obligations in P,ppendix D, for regular employees for whom the employer contributes to PERA and who are appointed to the #ollowing classes of positions shaii be as follows: Carpenter Lead Carpenter Effective Effective Effective 5-1-04 430-05 4-29-06 $2825 ' " $29.91 * '* �� Y � C2A. The basic hourly wage rates in this Appendix (C2A) are for compensation anal is pur�oses o�. These figures represent the portion of the Appendix C1 rates above spec'rfically ailocated to wages. These rates do NOT include taxabie contributions and therefore should NOT be used for taxabie payroll calculations. See Appendix C2 above for total taxable payroll information, Carpenter Lead Carpertter Effective Effective Effective 5-1-04 430-05 4-29-06 �LJ.OJ Y > $26.77 ' " . � 18 ��v 'J A� � 6 � C3. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for regufar and probationary employees who were hired on or after May 1, 2000, and are exempt from PERA; for employees who opted out of receiving employer contributions to PERA during the period May 1, 2000 and December 30, 2000; and temporary employees appointed to the following classes of posRions shall be: Effective Effective Effective 5-1-04 4-30-OS 4-29-06 Carpenter $29.81 ' " Lead Carpenter $31.56 ' " C4. The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D for temporary empioyees appointed to the following classes of positions shall be: Effective Effective Effective 5-1-04 4-30-05 4-29-06 Carpenter $29.88 ' '"' Lead Carpenter $31.63 ' " If a temporary employee working in a title listed in this Appendix C3 becomes subject to � the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the EmployePs cost does not exceed the amounts listed in C1 above. NOTES FOR APPENDICES C-2, C-2A, G3 AND C-4: ' The April 30, 2005, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the April 30, 2005, total hourly cost stated in Appendix C-1. " The April 29, 2006, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the Aprii 29, 2006, total houriy cost stated in Appendix C-1. C5. The basic hourly wage rates for the Apprentice class of positions: This Section is heid open for the addition of appropriate Apprentice rates in the event the Employer initiates the employment of Apprentices. C6. General items If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates in Appendix C, Sections C2 through CS in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C1. • 19 � � _ � � �PPENDIX D Effective May 1, 2004, the Employer shall forward the amounts designated in this Appendix D for � empioyees covered by this Agreement to depositories as directed by the Union and agreed to by the Empioyer. (1) $2.01 per hour for all hours worked from which ali appropriate payroll deductions have been made to a Union-designated Vacation/Dues Fund. (2) $125 per hour for ali hours worked from which ali appropriate payroil deductions have been made to a Union-designated Holidav Fund, for regular employees paid at the Appendix C-2 rate. (3) $4.83 per hour for all hours worked to a Union-designated Heatth and Welfare Fund. (4) $4.00 per hour for all hours worked to a Union-designated Defined Benefit Pension Fund. (5) $1.00 per hour for all hours worked to a Union-designated Defined Contribution Pension Fund. (6) $.33 per hour for all hours worked to a Union-designated Aporenticeshio Fund. The Employer shall make Iegaily established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the ca�ulated houriy base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. � Effective September 1, 2001, ali full-time regularly employed carpenters will be covered under fhe schoof districYs group long-term disabifify plan. The cost for this pfan wiil be deducted from the C1 total hourly cost. If the premium the disfict pays for this coverage increases or decreases thereby increasing or decreasing the premium cost for employees, the C1 total hourly cost wiil be adjusted accordingly. AI! contributions made in accordance with this Appendix D shal! be deducted irom and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forwarded to depositories as directed by the Union and agreed to by the Employer. The Employer shall estabiish Workers' Compensation and Unemployment Compensation programs as required by Minnesota statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Council OrcJinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this Agreement is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shaii be the responsibility of the Trustees of the various funds to which the Employer has forwarded contributions and(or deductions. C J 20 F o ��,V1 � • ARTICLE TABLE OF CONTENTS � � i PAGE ....... iv ........1 � ........1 ........1 --......2 ........2 ........ 3 � � � ' • Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Articie Article Article Article Articie TITLE Preambie.........................................................................�--.......... 'I . Purpose ......................................................................................... 2. Recognition ................................�---...........---............----.................. 3. Employer Rights ............................................................................ 4. Union Rights ....................................�---.......................--•-�--.....---.... 5. Scope of the Agreement ................................................................ 6. Probationary Periods ..................................................................... 7. Phiiosophy of Employment And Compensation ............................. 8. Hours of Work .......................................................•--.....----......----.. 9. Overtime ........................................................................................ 10. Call Back ........................................................................................ 11. Work Location ........................................•--.................................... 12. Wages ................................................................�--•--..................... 13. Fringe Benefits ............................................................................... 14. Selection of Lead Cement Finishers .............................................. 15. Holidays ....................•----�--............................................................ 16. Disciplinary Procedures ................................................................. 17. Absences From Work...--• .............................................................. 18. Seniority ......................................................................................... 19. Jurisdiction ................•----............................---................................ 20. Separation ...................................................................:................ 21. Toois ............................................................................................. 22. Grievance Procedure .................................................................... 23. Right of Subcontract ..................................................................... 24. Nondiscrimination ......................................................................... 25. Severability .............................�--........................--•--...................... 26. Waiver .......................................................................................... �,. �.�.,.,..� ........................°--°-...------°--- - -- _ 28. Court Dury Leave .......................................................................... 29. Duration of Piedge ........................................................................ Appendix .............................................................................. Appendix .............................................................................. Appendix .............................................................................. Appendix .............................................................................. °-°--. 4 ....................... 5 ....................... 6 ....................... 6 ....................... 6 ....................... 7 ....................... 7 ....................... 8 ....................... 8 ....................... 9 .....................10 • °-- _ ° ..............10 ......................10 .................11-12 ......................13 -� .................... ......................13 ......................14 id ......................14 ......................15 ......................16 ......................16 .................17-18 ...................... � l��+- �7� PREAMBLE This agreement is entered into between independent School District No. 625, hereinafter referred to as the Empioyer, and Minnesota Cement Masons, Plasterers and Shophands Local 633, hereinafter referred to as the Union. The Employer and the Union concur that this agreement has as its objective the promotion of the responsibilities of the Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Empioyer and the Union both realize that this goal depends not only on the words in the agreement but rather primariiy on attitudes between people at all levels of responsibility. Constructive attitudes of the Empioyer, the Union, and the individual employees wiil best serve the needs of the general public. � � • iv �4� �7� • ARTICLE �. PURPOSE �.1 The Employer and the Union agree that the purpose for entering into this agreement is to: 1.1.1 Achieve orderly and peacefui reiations, thereby estabiishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and weii-being of all concemed; 1.12 Set forth rates of pay, hours of work, and other conditions of empioyment as have been agreed upon by the Empfoyer and the Union; 1.1.3 Establish procedures to orderly and peacefuily resoive disputes as to the application or interpretation of this agreement without loss of productivity. 12 The Employer and the Union agree that this agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this agreement is to confiict with such legislation, the latter shail prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Articie 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exciusive representative for collective bargaining purposes for aii personnel having an employment status of regular, � probationary, and temporary employed in the classes of positions defined in 22 as cert'rfied by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3162 dated February 15, 1990. 2.2 The classes of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabiish and modify the organizationai structure; to select, direct, and determine the number of personnel; and to perform any inherent manageriai function not specificaliy limited by this agreement. 3.2 Any `�erm or condition of empioyment' not established by this agreement shall remain with the Empioyer to eliminate, modify or establish foliowing written notification to the Union:' • ��°- �� ARTICLE 4. UNION RIGHTS 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shail be remitted as directed by the Union. 4.1.1 4.12 The Empioyer shali not deduct dues from the wages of employees covered by this ag�eement for any other labor organization. The Union shall indemnify and save harmless the Employer from any and ali claims or charges made against the Employer as a result of the implementation of this article. 4.2 The Union may designate one (1) employee from the bargaining unR to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the facilities of the Employer where empioyees covered by this agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This agreement establishes the "terms and conditions of employmenY' defined by Minnesota Statutes § 179A.03, Subdivision 19, for ail employees exclusively represented by the Union. This agreement shall supersede such `Yerms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Council Resolution. • • u 2 d � -- ;`�'� �-, l.i d � • � ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originaily hired or rehired following separation, in a regular employment status shall serve a six (6)-month probationary period during which time the employee's fiitness and ability to pertorm fhe class of positions' duties and responsibifities shall be evaluated. 6.1.1 62 6.12 At any time the probationary period an empioyee may be terminated at the discrefion of the Employer without appeal to the provisions of Article 22 (Grievance Procedure). An employee terminated during the probationary period shail receive a written notice of the reason(s) for such termination, a copy of which shall be seni to the Union. All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the empioyee's fitness and abiliry to perform the class of positions' duties and responsibilfties shail be evaluated. 62.1 Ai any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Employer without appeal to the provisions of Articie 22 (Grievance Procedure). 62.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in fuil agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry' fringe benefft system. 7.2 7.3 The Employer shail compensate employees for ail hours worked at the basic hourly wage rate and houriy fringe benefft rate as found in Articies 12 (Wages) and 13 (Fringe Benefits). No other compensation or fringe benefit shall be accumulated or earned by an employee except as specifically provided for in this agreement. u � . ;�� ARTICLE 8. HOURS OF WORK � 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normai workdays Monday through Friday. 8.3 If, during the term of this agreement, it is necessary in the Employe�s judgment to establish second and third shifts or a work week of other than Monday througfi Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This section shali not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shali remain at an assigned work location until the end of the established workday unless othervvise directed by their supervisor. 8.6 All employees are subject to call-back by the Empioyer as provided by Article 10 (Call Back). 8.7 Employees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless not'rfication has been given not to report for work prior to leaving home, or during the previous workday. � u y J,' �n . �-. // "�i; � � � • ARTICLE 9. OVERTIME 9.1 Ail overtime compensated for by the Employer must receive prior authorization from a designated Employer supervisor. No overtime work claim will be honored for payment or credit unless approved in advance. An overtime claim wili not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 The overtime rate of one and one-half (1-1/2) the basic houriy rate shall be paid for work performed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 922 Time worked on a sixth (6th) day following a normal work week. 9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work pertormed under the following circumstances: 9.3.1 Time worked on a holiday as defined in Article 15.6 (Holidays). 9.32 Time worked on a seventh (7th) day foilowing a normal work week. 9.4 For the purposes of calculating overtime compensation, overtime hours worked shall not be "pyramided," compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this article shall be paid in wages or in compensatory time as determined by the Empioyer. � ARTICLE 10. CALL BACK 10.1 The Employer retains the right to call back employees before an employee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 Empioyees called back shaii receive a minimum of four (4) hours of pay at the basic hourly rate. 10.3 The hours worked based on a call-back shall be compensated in accordance with Articie 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees calied back four (4) hours or less prior to their normal workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance with Articie 9 (Overtime). • 5 �-�� .. ;, _ �., ARTICLE 11. WORK LOCATION 11.1 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations at the discretion of the Employer. 11.2 Employees assigned to work locations during the normai workday other than their original assignment, and who are required to furnish their own transportation, shall be compensated for mileage as set forth in Articie 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 122 Regular employees and temporary employees shall be compensated in accordance wfth Article 12.1 (Wages) and have fringe benefit contributions and/or deductions made on their behalf in accordance with Article 13.1 (Fringe Benefits). ARTICLE 13. FRlNGE BENEFITS 13.7 The Employer shail make contributions on behaif of and/or make deductions from the wages of employees covered by this agreement in accordance with Appendix D for all hours worked. 13.2 The Employer will for the period of this agreement provide, for those employees who were hired prior to February 15, 1974, and who were eligible for the Empioyer's Health and Welfare premium contributions and who have retired since May 8, 1978, such health insurance premium contributions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 1322 Have severed the employment relationship with the City of Saint Paul and/or Independent Schooi District No. 625 under one of the early retiree pians. 132.3 Inform the Human Resource Departrnent of Independent Schooi District No. 625 and the Office of Human Resources, City of Saint Paul in writing within sixty (60) days of employee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. • � 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in 13.2, or for early retirees who qualified under 132 and have reached age sixty-five (65) after • retiremeni the Employer will provide payment of premium for a Medicare supplement heaith coverage policy selected by the Employer. 1 (1 n �� °. -b 4 i '�� • ARTICLE 14. SELECTION OF LEAD CEMENT FINISHERS 14.1 142 14.3 14.4 The selection of personnel for the ciass of posftion Lead Cement Finisher shall remain solely with the Employer. The class of position Lead Cement Finisher shaii be filled by employees of the bargaining unit on a "temporary assignme�t" All �temporary assignments" shall be made only at the direction of a designated Empioyer supervisor. Such `Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as unpaid holidays: \J New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriai Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25 152 When New Year's Day, Independence Day or Christmas Day faiis on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "called back" in accordance with Article 10 (Cali Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shali be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shaii be compensated at the rate of two (2) times the basic hourly rate for such hours worked. 15.7 if Martin Luther King, Jr. Day or Presidents' Day falls on a day when school is in session, the employees entitied to a holiday shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the empioyee and supervisor. • 1 r �, � ° I f=�y v� i , J : A�. ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 16.2 The Employer shall have the right to impose disciplinary actions on employees for just cause. Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 1622 Written reprimand; 16.2.3 Suspension; 16.2.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statutes § 179A20, Subd. 4, and thereby shali have the right to request that such actions be considered a°grievance' for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an empioyee or the Union acting in the employee's behalf inftiates review of an action, that matter shall not be reviewed in another forum. Oral reprimands shail not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unable to report for their normai workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 17.3 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Fail�re to report for work without not�cation tor three (3) consecuYive norma! workdays may be considered a"quiY' by the Employer on the part of the employee. C J � • ;L� . ��i t� � ARTICLE 18. SENIORITY 'I8.1 For the purpose of this articie the following terms shall be defined as foliows: 18.1.1 The term, °Empioyer," shall mean independent School District No. 625, Saint Paul Public Schools. 18.'i.2 The term, "Master Seniority," shall mean the Iength of continuous regular and probationary service with the Employer from the date an employee was first appointed to any class title with the Employer covered by this agreement. 18.1.3 The term, "Class Seniority' shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a posdion with the Employer in a ciass title covered by this agreement. This section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that title and begins to be calculated from that date. An employee's Ciass Senioriiy does not revert to zero foilowing recali from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definition of ciass seniority shall be used for all layoff decisions. 18.2 Seniority shali not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury; is granted to allow an employee to accept an appointment to the • unclassified service of the Empioyer or to an elected or appointed fuli-time posftion with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 in the event it is determined by the Employer that ft is necessary to reduce the workforce, employees wiii be laid off by class titie within each Department based on inverse length of "Ciass Senioriry." Empioyees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously held which is covered by this agreement, provided the empioyee has greater "Class Seniority" than the empioyee being repiaced. Recall from layoff shail be in inverse order of layoff, except that recall rights shail expire after 24 months from the last day of work preceding the layoff. No other Civil Service recall rights to this Employer shall apply. This provision does not address any rights the empioyee may have to be recailed to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. u �� . ; ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions invoived. 19.3 in the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shali meet as soon as mutuaily possibie to resoive the dispute. Nothing in the foregoing shaii restrict the right of the Employer fo accompiish the work as originaily assigned pending resolution of the dispute, or restrict the Employe�s basic right to assign work. 19.4 Any employee refusing to pertorm work assigned by the Empioyer and as ciarified by Sections 192 and 19.3 above shali be subject to discipiinary action as provided in ARicle 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shail be considered separated from employment based on the following actions: 20.1.1 20.12 20.1.3 Resiqnation. Employees resigning from empioyment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Reoort for Dutv. As provided in Article 17. 20.2 Employees having a temporary empioyment status may be terminated at the discretion of the Employer before the completion of a normai workday. ARTICLE 21. TOOLS 21.1 Ail empioyees shail personaliy provide themseives with the tools of the trade as Iisted in Appendix B. L J � • 10 - S� � j� • ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 it is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accomplished during working hours onty when consistent with such empioyee duties and responsibilities. The Steward invoived and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approvai of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shali, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exciusive procedure for the processing of grievances, which are defined as an alieged violation of the terms and conditions of this agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resoived to the employee's satisfaction by the informal discussion, it may be reduced to writing and . referred to Step 2 by the Union. The written grievance shali set forth the nature of the grievance, the facts on which it is based, the aileged section(s) of the agreement violated, and the relief requested. Any alleged violation of the agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shali be considered waived. Step2. Within seven (7) calendar days after receiving the written grievance, a designated Empioyer Supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shall reply in wrfting to the Union within three (3) calendar days foliowing this meeting. The Union may refier the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employe�'s written answer. Any grievance not referced in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. r � LJ 11 � r �+p 1 �� . : _ J : . .. ARTICLE 22. GRIEVANCE PROCEDURE (continued) • Ste� 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or the designated representative and attempt to resoive the grievance. Within seven (7) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a resuit of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (� calendar days following receipt of the EmpioyePs answer shall be considered waived. Step 4. if the grievance remains unresoived, the Union may within seven (7) calendar days after the response of the Empioyer in Step 3, by written notice to the Employer, request arbftration of the grievance. The arbitration proceedings shall be conducted by an arbftrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties faii to mutualiy agree upon an arbitrator within the said seven (7)-day period, e'ither parry may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Empioyer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Empioyer shall then strike one (1) name. The process wiil be repeated and the remaining person shali be the arbiVator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement The arbitrator shall consider and decide oniy the spec'rfic issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shali be � without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbftratoPs decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shail be based solely on the arbitrator's interpretation or appiication of the express terms of this agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrato�s services and proceedings shail be bome equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutuai agreement of the Employer and the Union. • 12 . `, �'» • ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Empioyer may, at any time during the duration of this agreement, contract out work done by the empioyees covered by this agreement. In the event that such contracting wouid resuR in a reduction of the workforce covered by this agreement, the Employer shal! give the Union a niRety (9o) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the employees covered by this agreement shall in all cases be made only to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NONDISCRIMINATION 24.1 The terms and conditions of this agreement will be applied to employees equaily without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 242 Empioyees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general pubiic. ARTICLE 25. SEVERABILITY � 25.1 In the event that any provision(s) of this agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeai is taken, such provision(s) shaii be voided. All other provisions shali continue in full force and effiect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the agreement in compliance with the Iegislative, administrative or judiciai determination. • 13 rY , .i . 'a�Y ARTICLE 26. WAIVER • 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and condftions of empioyment. The agreements and understandings reached by the parties after the exercise of this right are fully and compietely set forth in this agreement. 262 Therefore, the Employer and the Union for the duration of this agreement agree that the other party shall not be obiigated to meet and negotiate over any term or condition of empioyment whether specificaily covered or not spec'rfically covered by this agreement. The Union and Employer may, however, mutuaily agree to modify any provision of this agreemeni. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this agreement, are hereby superseded. ARTICLE 27. MILEAGE SECTION 1. MILEAGE ALLOWANCE. Empioyees of the School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for schooi business. The mileage allowance for eligibie employees shall be established by the Board of Education, The mileage reimbursement rate shaii be indexed periodicaily to refiect the rate � established by the Intemal Revenue Service. SECTION 2_ REIMBURSEMENT PROCEDURES. An employee must keep a record of each trip made. Reimbursement shali be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with Schooi District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Subd. 1. Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitled to leave with pay for that purpose provided that the employee is not a party in the case, and provided that the case is not the result of Iitigation undertaken by the employee or the Union against the District. In cases where the Board is a party in the litigation, the employee shall be entitled to pay while attending as a witness at the request of the Board or as a co- defendant in the case. Subd. 2. Reauired Jurv Dutv. Any empioyee who is required to serve as a juror shail be granted leave with pay whi)e serving on jury duty confingent upon fhe empioyee paying to the Board any fees received, minus travei allowance, for such jury service. The empioyee may seek to be excused from jury duty. � 14 ; 1 `� � �; % . • ARTICLE 29. DURATION OF PLEDGE 29.1 29.2 29.3 This agreement shall become effective as of the date of signing, except as specificatiy provided in Articles 12 and 13, and shall remain in effect through the 30th day of April, 2007 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 292. If either paRy desires to terminate or modify this agreement effective as of the date of expiration, the party wishing to modify or tertninate the agreement shall give written nofice to the other party, not more than ninety (90) or less than sixry (60) calendar days prior to the expiration date, provided that the agreement may only be so terminated or modified effective as of the expiration date. In consideration of the terms and conditions of employment established by this agreement and the recognition that the Grievance Procedure herein established is the means by which grievances conceming its application or interpretation may be peacefuily resolved, the parties hereby pledge that during the term of the agreement: 29.3.1 29.32 29.3.3 The Union and the empioyees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, willfully absent themselves from work, stop work, slow down their work or absent themselves in whole or part from the full, faithful performance of their duties of employment. The Employer will not engage in, instigate or condone any lockout of employees. This constitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Education and is also subject to ratification by the Union. . Agreed to and attested to as the fuil and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Employer and the Union: W ITNESSES: • INDEPENDENT SCHOOL DISTRICT NO. 625 c�/m� �� -r-L Chair, Board of Education MINNESOTA CEMENT MASONS, PLASTERERS AND SHOPHANDS I.00AL NO. 633 Busmess Maoager� �-zz-6 Date 15 (-,z9-c�� Date -� r , � _.., � =_ � . t APPENDIX A The ciasses of positions recognized by the Employer as being exciusively represented by the Union are as follows: Cement Finisher Apprentice-Cement Finisher and other classes of positions that may be established by the Empioyer where the duties and responsibildies assigned come within the jurisdiction of the Union. APPENDIX B All necessary hand tools. • � \J 16 �; I:, -� _,.- �, , _• �, S_' .., �_ : .�, � APPENDIX C C-1. The total houriy cost to the Empioyer for wages plus any and all contributions or deductions stated in Appendix D of this agreement shail noi exceed the foilowing amounts: Effective 5-1-04 Effective 4-30-05 Effective 4-29-06 Cement Finisher $4025 '*'The total hourly cost increase for April 30, 2005 and April 29, 2006, will be based on the U.S. Departrnent of Labor, Bureau of Labor Statistics, Consumer Price Index data, Midwest Cities Region for January-December of the previous year. The April 30, 2005 and April 29, 2006 increase will be a minimum of 2% up to a maximum of 4.5%. C-2. The total taxable houriy rate including wages and the vacation contribution in Appendix D and excluding all other benefit costs and obligations in Appendix D, for regular and probationary employees appointed to the following classes of positions shall be as follows: Effective Effective Effective 5-1-04 4-30-OS 4-29-06 � • Cement Finisher $27.27 C-2A. The basic houriy wage retes in this Appendix (G2A) are for compensation analvsis purposes oniv. These figures represent the portion of the Appendix G1 rates above specifically allocated to wages. These retes do NOT include ta�cable benefits contributions and therefore should NOT be used for taxable payroll calculations. See Appendix C-2 above for total taxable payroll information. Effective Effective 5-1-04 4-30-05 Cement Finisher $23.68 Effective 4-29-06 17 �' �' „ aJ , : � APPENDIX C (continued) G3. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the following classes of positions shall be: Effective 5-1-04 Cement Finisher $28.78 Effective Effective 430-05 4-29-06 If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C1 above. NOTES FOR APPENDICES C-2. C-2A AND C-3: The Aprii 30, 2005, hourly rates in Appendices C-2, C-2A and C3 shaii be detertnined at a later date based on the allocation agreed to by the Employer and the Union of the Aprii 30, 2005, total houriy cost to be no more than the maximum stated in Appendix C-1. '� The April 29, 2006, hourly rates in Appendices C-2, C-2A and C3 shail be determined at a later date based on the allocation agreed to by the Empioyer and the Union of the Aprii 29, 2006, totai hourly cost will be no more that the maximum stated in Appendix G1. G4. The basic houriy wage rates for the Apprentice ciass of positions: This section is heid open for the addition of appropriate Apprentice rates in the event the Empioyer inftiates the employment of Apprentices. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Empioyer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate pius contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. C J � • 18 04- ��2 . APPENDIX D Effective May 1, 2004 the Employer shall forward the amounts designated in this Append'a D for employees covered by this agreement to depositories as directed by the Union and agreed to by the Employer. (1) $3.59 per hour for all hours worked from which aii appropriate payroil deductions have been made to a Union-designated Vacation and Savinas Fund. (2) $4.70 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3) $6.32 per hour for all hours worked to a Union-designated Pension Fund. (4) $.45 per hour for all hours worked to a Union-designated Apprenticeship Fund. The Empioyer shail make legally established non-negotiated pension contributions to PERA. Changes in the mandated PERA rate may change the caiculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in C1 above. All contributions made in accordance with this Appendix D shall be deducted from and are not in addition to the amounts shown in Appendix C-1. The Appendix D amounts shall be forvvarded to depositories as directed by the Union and agreed to by the Employer. � The Employer shail establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personnel Rules, Councif Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees covered by this agreement is limited to the contributions andlor deductions established by this agreement. The actual level of beneffts provided to empioyees shall be the responsibility of the Trustees of the various funds to which the Employer has fonvarded contributions and/or deductions. � 19 ii 04- �72 � � � . • ARTICLE Article Article Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Article Articie Article Article Articie Article Articie Article Article Article Article Article Articie 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. �. 23. 24. 25. 26. 27. 28. 29. TABLE OF CONTENTS TITLE PAGE Preamble ............................................................................................................�-- iv Purpose.........................�-----.....................................-•--............................--�-------....1 Recognition .......................�---.......................................-�---......................................1 Empioyer ..........................•---•----.....--•-•�---................................................---- � UnionRights ...........................................................................................................2 Scope the Agreement..-�--� .................................................................................. Probationary ..............................................................................................3 Philosophy of Employment And Compensation .....................................................3 Hoursof Work ........................................................................................................4 Overtime ................................................................................................................. 5 Call Back ................................................................................................................5 Work Location ........................................................................................................6 Wages .................................................................................................................... 6 Fringe Benefits .......................................................................................................6 Selection of Lead Plasterer and General Lead Piasterer .......................................7 Holidays.................................................................................................................. 7 Discipiinary Procedures..--� .....................................................................................8 Absences From Work ............................................................................................8 Sen ority .................................................................................................................. 9 Jurisdiction.....................................................................................................••---. Separation............................................................................................................ Toois..................................................................................................................... Grievance Procedure ...........................................................................................11 Right Subcontract .............................................................................................13 Non-Discrim ination ............................................................................................... Severability ................................................................................................... �----... Waiver .................................................................................................................. Miieage ................................................................................................................. 14 Court Duty Leave .................................................................................................. Durationand Pledge ............................................................................................. Appendix ...........................................................................................................17 Appendix ........................................................................................................... AppendixC ...................�--............----...........................-�--�-�--........----................ AppendixD ...............................................................................••---....................... � �4- �? 2 PREAMBLE This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the Empioyer, and the Operative Plasterers and Cement Masons Intemationai Association Local 265, hereinafter reterred to as the Union. The Empioyer and the Union concur that this Agreement has as its objective the promotion of the responsibil'ity of the Independent School District No. 625 for the benefit of the general public through effect'roe labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all Ievels of responsibility. Constructive attftudes of the Empioyer, the Union, and the individuai employees wili best serve the needs of the general public. � ��, • iv � • ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby estabiishing a system of uninterrupted operations and the highest level of employee pertormance that is consistent with the safety and weil-being of ali concemed; 1.1.2 Set fiorth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; 1.1.3 Estabiish procedures to orderfy and peacefully resolve disputes as to the appiication or interpretation of this Agreement without loss of productivity. 12 The Employer and the Union agree that this Agreement serves as a supplement to Iegislation that creates and directs the Employer. If any part of this Agreement is in conflict with such legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in confiict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for coliective bargaining purposes for all personnel having an empioyment status of regular, � probationary, and temporary employed in the classes of positions defined in 22 as cert'rfied by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3134 dated January 26, 1990. 2.2 The ciasses of positions recognized as being exclusively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment; to estabiish functions and programs; to set and amend budgets; to determine the utilization of technoiogy; to establish and modify the organizational structure, to select, direct, and determine the number of personnel; and to pertorm any inherent manageriai function not specificaily timfted by this Agreement. 32 Any `Yerm or condition of employment" not established by this Agreement shall remain with the Employer to eliminate, modify or estabfish fo0owing wrrtten notification to the Union. • �� ARTICLE 4. UNION RIGHTS � 4.1 The Employer shall deduct from the wages of employees who authorize such a deduction in writing an amount necessary to cover monthiy Union dues. Such monies deducted shaii be remitted as directed by the Union. 4.1.1 The Employer shall not deduct dues from the wages of empioyees covered by this Agreement for any other labor organization. 4.12 The Union shall indemnify and save harmless the Employer from any and all claims or charges made against the Empioyer as a result of the impiementation of this Article. 42 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in writing of such designation. Such empioyee shall have the rights and responsibi(ities as designated in Articte 22 (Grievance Procedure). 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the designated representative sha)1 be permitted io enier fhe facilities of the Empioyer where empioyees covered by this Agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement esiablishes the "terms and conditions ot employment" detined by � Minnesota Statute § 179A.30, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shail supersede such "terms and conditions of employmenY' established by Civil Service Rule, Council Ordinance, and Councii Resolution. u ��-�� • \ J ARTICLE 6. PROBATIONARY PERIODS 6.1 Ail personnei, originaily hired or rehired folfowing separation, in a regu{ar empioyment status shail serve a six (6)-month probationary period during which time the employee's fiViess and ability to perForm the class of positions' duties and responsibilities shall be evaluated. 6.1.1 62 6.12 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeai to the provisions of Article 22 (Grievance Procedure). An employee terminated during the probationary period shall receive a written notice ot the reason(s) for such termination, a copy of which shail be sent to the Union. All personnei promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and abii'ity to pertorm the class of positions' duties and responsibilities shall be evaluated. 62.1 At any time during the promotiona! probationary period an employee may be demoted to the empioyee's previously-held class of positions at the discretion of the Employer without appeai to the provisions of Articie 22 (Grievance Proceduee). 6.2.2 An emptoyee demoted during the promotionai probationary period shall be returned to the employee's previously-held ciass of positions and shall receive a written notice of the reasons tor demotion, a copy of which shall be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMEPIT AND COMPENSATION 7.1 The Employer and the Union are in tull agreement that the philosophy of empioyment and compensation shall be a°cash" hourly wage and "industry' fringe benefft system. 72 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and houriy fringe benefit rate as found in Articie 12 (Wages) and Articfe i3 (Fringe Benefits). 7.3 No otfier compensation or fringe benefit shall be accumulated or eamed by an empioyee except as spec'rfically provided for in this Agreement. • ��m ��2 ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period, befiveen 7:00 a.m. and 5:30 p.m. 8.2 The normai work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 if, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into negotiations immediately to establish the conditions of such shifts and/or work weeks. 8.4 This Section shali not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.5 All employees shall be at the location designated by their supervisor, ready for work, at the esiablished starting time and shall remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 Ail employees are subject to cali back by the Empioyer as provided by Article 10 (Cail Back). � 8.7 Empioyees reporting for work at the established starting time and for whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless nof"rfication has been given not to report for work prior to leaving home, or during the previous workday. � • l P '��° �� . � � ARTICLE 9. OVERTIME 9.1 AII overtime compensated for by the Employer must receive prior authorization from a designated Empioyer supervisor. No overtime work claim wiil be honored for payment or cred'+t unless approved in advance. An overtime claim wilf not be honored, even though shown on the time card, unless the required advance approval has been obtained. 92 9.3 F� The overtime rate of one and one-haif (1-1/2) the basic hourly rate shail be paid for work pertormed under the following circumstances: 92.1 Time worked in excess of eight (8) hours in any one normal workday, and 92.2 Time worked on a sixth (6th) day following a normal work week. The overtime rate of two (2) times the basic hourly rate sha11 be paid for work pertormed under the following circumstances: 9.3.1 9.3.2 9.3.3 Time worked on a holiday as defined in Article 15 (Holidays}; Time worked on a seventh (7th) day foilowing the normal work week; and Time worked in excess of twelve (12) consecutive hours in a twenty-four (24) hour period, provided that all "emergency' work required by "Acts of God" shall be compensated at the rate of one and one-half (1-1/2j. For the purposes of caiculating overtime compensation, overtime hours worked shali not be "pyramided,' compounded or paid twice for the same hours worked. 9.5 Overtime hours worked as provided by this Article shail be paid in cash or in compensatory time at the option of the Employer. ARTiCLE 10. CALL BACK 10.'I The Empfoyer retains the right to call back employees before an employee has started a normai workday or normal work week and after an employee has completed a normal workday or normal work week. 10.2 10.3 Employees called back shall receive a minimum of four (4) hours of pay at the basic hourly rate. The hours worked based on a cail back shali be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normai workday shall complete the normal workday and be compensated oniy for the overtime hours worked in accordance with Article 9 (Overtime). • ��2 ARTICLE 11. WORK LOCATION 11.1 Employees shai! repoR to work location as assigned by a designaied Empioyer supervisor. During the normal workday, employees may be assigned to other work Iocations at the discretion of the Employer. 112 Employees assigned to work locations during the normal workday other than their original assignment, and who are required to fumish their own transportation, shall be compensated for mileage, as set forth in Article 27 (Mileage). ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shali be paid for aii hours worked by an employee. 122 Fiegular employees and temporary employees shali be compensafed in accordance with Article 12.1 (Wages) and have fringe benefit contributions andJor deductions made on their behalf as provided for by Article 13 (Fringe Benefits). ARTICLE 13. FRINGE BENEFITS � 13.1 The Empioyer shali make contributions on behalf of and/or make deductions from the � wages of employees covered by this Agreement in accordance with Appendix D for ail hours worked. 13.2 The Empioyer will for the period of this agreement provide, for those employees hired before February 15, 1974, and who were eligible for the Empioyer's Heatth and Welfare premium contributions and who have retired since June 1, 1978, such health insurance premium contributions up to fhe same doliar amounts as are provided by the Empioyer at the date of early retirement and the cost of premium contributions toward $5,000 I'rfe insurance coverage until such employees reach sixty-five (65) years of age. In order to be eligible for the premium contributions under the provision 132 and 13.3 the employee must: 132.1 Be receiving benefits from a public employee retiree act at the time of retirement. 1322 Have severed the employment relationship with the City of Saint Paul and/or fndependent Schooi District No. 625 under one of the earty retiree pians. 132.3 Inform the Human Resource Department of Independent Schooi District No. 625 and Office of Human Resources, City of Saint Paul in writing within sixiy (60) days of empioyee's early retirement date that he or she wishes to be eiigible tor early retiree insurance benefiis. 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in 132 or for early retirees who quafrfied under 132 and have reached age sixty-five (65) after retirement the Employer will provide payment of premium for a Medicare supplement • heatth coverage policy selected by the Empioyer. (�� ?2 • ARTICLE 14. SELECTION OF LEAD PLASTERER AND GENERAL LEAD PLASTERER 14.1 The selection of personnel for the ciass of position of Lead Plasterer shall remain solely with the Employer. ARTICLE 15. HOLIDAYS 15.1 The following nine (9) days shall be designated as unpaid holidays: New Yea�'s Day MaRin Luther King, Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day The Day After Thanksgiving Christmas Day \ J January 1 Third Monday in January Tfiird Monday {n Februasy Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falis on a Sunday, the foilowing Monday shall be considered the designated holiday. When any of these three (3) holidays fails on a Saturday, the preceding Friday shali be considered the designated holiday. 15.3 The nine (9) holidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduled or "cailed back" in accordance with Article 10 (Call Back). 15.5 Employees assigned to work on Martin Luther King, Jr. Day, Presidents' Day or the day after Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Employees assigned to work on New Yea�s Day, Memoriai Day, independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic houriy rate for such hours worked. 15.7 If Martin Luther King Day, Presidents' Day, or the day after Thanksgiving falls on a day when school is in session, the empioyee shall work that day at straight time and another day shail be designated as the ho{iday. This designated holiday sha4t be determined by agreement between the employee and the supervisor. • �;�� ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Empfoyer shalf have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shall include only the following actions: 16.2.1 Oral reprimand; 1622 Written reprimand; 162.3 Suspension; 162.4 Demotion; 162.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance° for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an empioyee or the Union acting in the empioyee's behalf initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shaii not be subject to the grievance review procedures. ARTICLE 17. ABSENCES FROM WORK 17.1 Employees who are unabie to report for their normal workday have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 172 17.3 Failure to make such not'rfication may be grounds for discipline as provided in Article 16 (Discipiinary Procedures). Failure to report for work without not'rfication for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of ihe employee. • � • �� ' � ' " �, � � . • ARTICLE 18. SENIORITY 18.1 For the purpose of this Article the foilowing terms shaii be defined as fioilows: 18.1.1 The term, "Employer," shaii mean independent Schooi District No. 625, Saint Paui Pubiic Schools. 18.12 The term, °Master Seniority," shalV mean the fength ot continuo�s regular and probationary service with the Employer from the date an empioyee was first appointed to any class title with the Employer covered by this Agreement. 18.1.3 The term, "Class Seniority" shall mean the length of continuous regular and probationary service with the Employer from the date an employee was first appointed to a position with the Employer in a class title covered by this Agreement. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's class seniority starts at zero the day of appointment to a School District position in that titie and begins to be calculated from that date. An empioyee's Class Seniority does not revert to zero foliowing recall from an Employer initiated layoff within the twenty-four (24) month recall rights period specified in 18.4. This definftion of class seniority would be used for all Iayoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of � illness or injury; is granted to allow an employee to accept an appointment to the unclass'rfied service of the Empioyer or to an elected or appointed full-time position with ihe Union. 18.3 Seniority shaii terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees wi{{ be laid off by ciass title within each Department based on inverse length of "Class Seniority." Empioyees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previously heid which is covered by this Agreement, provided the employee has greater "Ciass Seniority'than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recali rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recail rights to this Empioyer shaii appiy. This provision does not address any rights the empioyee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class titie based on length of "Ciass Seniority," subject to the approval of the Empioyer. • �;��`�� ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empioyer. 192 The Empioyer agrees to be guided in the assignment of work jurisdiction by any mutuai agreements between the unions invoived. 19.3 In the event of a dispute conceming the pertormance or assignment of work, the unions involved and the Employer shali meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the work as originaliy assigned pending resolution of the dispute or to restrict the Employer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as ciarified by Sections 192 and 19.3 above shali be subject to disciplinary ac6on as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resuRing from a work assignmenf. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the foilowing actions: 20.1.1 20.12 20.1.3 Resiqnation. Empioyees resigning from empioyment shail give written notice fourteen (14) calendar days prior to the effective date of the resignation. Dischame. As provided in Article i 6. Failure to Report for DuN. As provided in Article 17. 20.2 Empioyees having a temporary emptoyment status may be terminated at the discretion of the Employer before the compietion of a nortttal workday. ARTICLE 21. TOOLS 21.1 All employees shall personaily provide themselves with the tools of the trade as listed in Appendix B. • � • 10 : r - r>� �`7�: • ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Empfoyer shaf{ recognize Stewards selected in accordance with Union rules and regulations as the grievance representative ot the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewards and of their successors when so named. 222 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shail therefiore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimentai to the work programs of the Empioyer. 22.3 The procedure estabiished by this Article shall, except as previously noted in Articie 16 (Disciplinary Procedures), be the sole and exciusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. 22.4 Grievances shali be resoived in conformance with the following procedure: Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee involved shall attempt to resoive the matter on an informal basis with the employee's supervisor. If the matter is not resoived to the empioyee's satisfaction by the informal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shali set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agseement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or within the use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shail be considered waived. Ste°2. With seven (7) caiendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resoive the grievance. If, as a result of this meeting, the grievance remains unresolved, the Employer shali reply in writing to the Union within three (3) calendar days totfowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. \ J 11 i.�>. '°'� � �; ARTICLE 22. GRIEVANCE PROCEDURE (continued) Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Siep 2, a designated Empbyer supervisor shali meet with the tJnion Business Manager or his designated representative and attempt to resolve the grievance. Within seven (7) caiendar days following this meeting, the Employer shall reply in writ+ng to the Union statirtg the Employer's answer cronceming the grievance. If, as a resuft of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt ofi the EmployePs answer shall be considered waived. Ste� 4. If the grievance remains unresotved, the Union may within seven (7) ca(endar days after the response of the Empioyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The afiitration proceedings sha(t be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (� calendar days after notice has been given. If the parties faii to mutually agree upon an arbftrator within the said seven (7),day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shali have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Empioyer shall then strike one (1) name. The process wiil be repeated and the remaining person shali be the arbitrator. n L_J 22.5 The arbdrator shall have no right to amend, modify, nuilify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shali consider and decide only the spec'rfic issue submitted in wrfting by the Empioyer and the Union and shail have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrato�s decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, Yhe Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and fhe Union, provided that each party sha!! be responsible for compensating its own representative and witnesses. If either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitrator's making a charge, the canceling party or the party asking for the postponement shall pay this charge. If either party desires a verba6m record of the proceedings, it may cause such a record to be made, providing ft pays for the record. 22,7 The time limits in each step of this procedure may be extended by mutual agreement of the Empioyer and the Union. . 12 �%_;.,�� • ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the durafion of this Agreement, contract out work done by the employees covered by this Agreement. {n the event that such contracting would resuR in a reduction of the workforce covered by this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract_ 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made oniy to empioyers who qualify in accordance with Ordinance No. 14013. ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement will be appiied to employees equally without regard to or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees wiff perform their duties and res¢onsibiiities in a non-discriminatory manner as such duties and responsibilities invoive other employees and ihe generai public. � ARTICLE 25. SEVERABILITY 25.1 in the event that any provision(s) of this Agreement is declared to be contrary to law by prope� legislative, administrative or judicial authority from whose finding, deterrnination or decree no appeal is taken, such provision(s) shall be voided. Ali other provisions shall continue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compiiance with the legislative, administrative or judicial determination. • 13 ��x� �� ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fuliy and completely set forth in this Agreement. 26.2 Therefore, the Employer and the Union for the duration of this Agreemenf agree that the other party shall not be obligated to meet and negotiate over any term or condition of empioymeni whether spec'rfically covered or not specifically covered by this Agreement. The Union and Empioyer may, however, mutua(ly agree to modify any provision of this Agreement. 26.3 Any artd a!I prior ordinances, agreements, resoiutions, practices, poJicies, artd rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent wiih this Agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 • SECTION 1. MILEAGE ALLOWANCE. Employees of the School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The miieage aliowance for eligibie employees shail be estabiished by the Board of � Education. The mileage reimbursement rate shall be indexed periodically to refiect the rate � established by the Intemai Revenue Service. SECTION 2. REIMBUFiSEMENT PROCEDURES. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the pertormance of assigned duties as verified by the appropriate schooi district administrator and in accordance with Schooi District Business Office policies and procedures. ARTICLE 28. COURT DUTY LEAVE Subtl. 1. Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitied to leave with pay for that purpose provided that the empioyee is not a party in the case, and provided that the case is not the result of iitigation undertaken by the empioyee or the Union against the District. In cases where the Board is a party in the litigation, the employee shaii be entitled to pay while attending as a witness at the request of the Board or as a co-defendant in the case. Subd. 2. Required Jurv Dutv. Any employee who is required to serve as a juror shall be granted feave witFi pay whi(e serving on jury duiy contingent upon the employee paying to fhe Board any fees received, minus travel allowance, for such jury service. The employee may seek to be excused from jury duty. • 14 -� � � : �. � ARTICLE 29. DUR,4TION AND PLEDGE 29.1 This Agreement shall become effective as of the date of signing, except as spec'rfical(y provided otherwise in Articles �2 and 13, and shall remain in effect though the 31st day of May 2007 and continue in effect from year to year thereafter unless notice to change or to terminate is given in the manner provided in 29.2. 292 !f either party desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to modify or terminate the Agreement shall give written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may only be so terminated or mod"rfied effective as of the expiration date. 29.3 in consideration of the terms and conditions of empioyment established by this Agreement and the recognition that the Grievance Procedure herein established is the means by which grievances concerning fts application or interpretation may be peacefully resolved, the park+es hereby pledge that during the term of the Agreement: 29.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, wiliful{y absent themselves from work, stop work, slow down their work or absent themselves in whole or paR from the fuil, faithful performance of their duties of empioyment. 29.32 The Employer will not engage in, instigate or condone any lockout of emptoyees. � • 29.3.3 This constitutes a tentative Agreement between parties which will be recommended by the schooi board negotiator, bui is subject to the approval of the Board of Education and is aiso subject to ratification by the Union. The parties agree and attest that this represenis the tull and complete understanding of the parties for the period of time herein specified by the signafure of the following representatives for the Empioyer and the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 OPERATIVE PLASTERERS AND CEMENT MASONS INTERNATIONAL ASSOCIATION LOCAL NO. 265 ��'�'° Business Manager �/zL/� Date 15 Date� � � L��-- v ; � - • APPENDIX A The classes of posifions recognized by the Empioyer as being exciusively represented by the Union are as foilows: Plasterer Lead Plasterer Apprentice - Piasterer and other classes of positions that may be estabiished by the Employer where the duties and responsibilities assigned come within the jurisdiction ot ths Union. � APPENDIX 6 All necessary hand tools. � irl i � , 9 °� °} :" ' ` m..' . � APPENDtX C C-1 The total hourly cost to the Empioyer for wages plus any and all coniributions or deductions stated in Appendix D of this Agreement shail not exceed the following amounts: Effective Effective Effective 5-29-04 5-28-OS 5-27-06 $40.53 $42.13 43.78 C-2 The total taxable hourly rate including wages and the vacation contribution in Appendix D and excluding ail other benefit costs and obiigations in Appendix D, for regular and probationary employees appointed to the foliowing classes of positions for whom the employer contributes to PERA shall be as foliows: Effective 5-29-04 Effective Effective 5-28-05 5-27-06 Piasterer $27.37 ,. C-2A The basic hourly wage rates in this Appendiz C, Section C-2A are for comqensation analvsis purooses oniv. These figures represent the portion of the Section G1 rates above specifically allocated to wages. These retes do NOT include taxabie contributians and therefore should NOT be used for taxable payroil calculations. See Section G2 above for total ta�cable payroll information. Effective 5-29-04 Effective Effective 5-28-05 5-27-06 Ptasterer $22J2 <: C-3 The total taxabie hourly rate including wages and the vacation contribution in Appenda D for regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving empioyer contributions to PERA during the period May 1, 2001 and December 30, 2001; and temporary employees appointed to the following classes of positions shall be: Effective 5-29-04 Effective Effective 5-28-05 5-27-06 Plasterer $28.8g » If a temporary employee working in a title listed in this Section C-3 becomes subject to the requirements of the Pubiic Employees Retirement Act (PERA), which thereby requires ihe Empioyer to make contributions to PERA, the calculated houriy base rate may change so the Empioye�s cost does not exceed the amounts listed in C-1 above. NOTES FOR APPENDICES G2, C-2A AND C-3: ` The May 28, 2005, hourly rates in Appendices G2, C-2A, and C-3 shaii be determined at a later date based on the allocation agreed to be the Employer and the Union of the May 28, 2005, totaf hourly cost stated in Appendix Gi. '* The May 27, 2006, houriy rates in Appendices G2, C-2A and C-3 shall be determined at a later date based on the ailocation agreed to be the Empioyer and the Union of the May 27, 2006, total houriy cost stated in Appendix C-1. � L J � • 18 .!> � �� _ � • APPENDIX C (continued) C-4 The basic hourly wage rates for the Apprentice class of positions: This Section is held open for the addition of appropriate Apprentice rates in the event the Empioyer initiates the employment of Apprentices. if the Union eiects to have the contributions listed in Appendix D increased or decreased, the Empioyer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. \ J � J 19 lJ 1�� b APPENDIX D Effective May 29, 2004, the Employer shall fonvard the amounts designated in this Appendix D for employees covered by this Agreement to depositories as directed by the Union and agreed to by the Employer: (1 } $4.65 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (2) $4.55 per hour for ali hours worked to a Union-designated Health and Weifare Fund. (3) $7.00 per hour for all hours worked to a Union-designated Pension Fund. (4) $.10 per hour for all hours worked to a Union-designated Apprenticeship Fund_ The Employer shall make legally estabiished non-negotiated pension contributions to PERA. Changes in the mandated. PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts stated in C-1 above. Ail contributions made in accordance with this Appendix D shaii be deducted from and are not in addition to the amounts shown in Appendix G1. The Appendix D amounts shali be forwarded to depositories as directed by the Union and agreed to by the Empioyer. The Employer shali establish Workers' Compensation and Unemployment Compensation programs as required by Minnesota Statutes. Employees covered by this Agreement shall not be eligible for, govemed by or accumulate vacafion, sick leave, holiday, funeral leave or insurance fringe benefiis thai are or may be estabiished by Personnel Rules Councii Ordinance or Council Resolutions. The Employer's fringe benefd obiigation to employees is limited to the contributions and/or deductions established by this Agreement. The actual level of benefits provided to employees shall be ihe responsibility of the 7r�stees of fhe various funds to which the Employer has forwarded contributions and/or deductions. • s � 20 0 ��C � t a 2004 - 2005 COLLECTtVE BARGAINtNG AGREEMENT BETWEEN SAINT PAUL PUBLIC SCHOOLS fNDEPENDENT SCHOOL DiSTRfCT NO. 625 � � PROFESSIONAL EMPLOYEES ASSOCIATION, INC. January 1, 2004 through December 31, 2005 � � Saint Paul Pueuc ScHOO�s a 1>r `�, � . . 5aint I'aul PUB�iC SCxno�s SAINT PAUL PUBLIC SCHOOLS Independerrt School District No. 625 Board of Education Toni Carter John Brodrick Anne Carroli Tom Conlon AI Oertwig Etona Street-Stewart Kazoua Kong-Thao Administretion SuperiMertdertt of Schools Chief AccouMability Officer Chiet ot Staff Area Superirrtendents Chair Dir�tor Director Director Director Director Director Patricia A. Harvey Margo Baines Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Gene Jarticke, Area D Terilyn Tumer, Area E � � � � N �� • � ARTICLE TITLE � • . Article Articie Ar[icle Article Articie Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Articie Article Article Articie Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. �. 23. 24. 25. TABLE OF CONTENTS Preamble ................................................................. Recognition............................................................. Management Rights ....................................:........... Maintenance of Standards ...................................... Check Off and Service Fee ...................................., Hours of Work and Overtime .................................. Probation................................... ............................. Seniority ................................................................. W orking Out of Class'rfication ................................ Wages .................................................................... Professional Growth ............................................... Holidays................................................................. Vacation................................................................. PAG E ...----� .......................... iv .................................. 1 ................................... 1 .................................. 1 ................................... 2 ................................... 2 Sick Leave ................................................................................. ParentaVMaternity Leave ........................................................... EmployeeBenefits ..................................................................... Severance ........................................................................... Legal Services ........................................................................... Discipline .................................................................................... Grievance Procedure .....................�---....................-�---............... Non-Discrim ination ..................................................................... WorkStoppage .......................................................................... Mileage ..................................................................................... , Court Duty Leave ....................................................................... Saving Clause ............................................................................ Duration and Effeciive Date ...................................................... Appendix A: Titles and Salary ............................................... Appendix B: Titles and Grades ....................•----......---........... Appendix C: Standard Ranges .............................................. index......................................................................................... ..................... 3 ..................... 4 ..................... 4 ..................... 5 ..................... 6 ..................... 7 ..................... 7 ..................... 9 ..................... 9 ................... 10 ................... 14 ................... 15 ................... 15 ................... 17 ................... 18 ................... 18 ................... 18 ................... 19 ................... 19 ...................19 ................... � .................... 25 .................... 27 .................... 28 �I (ry�, �� :�y�•i 3�� This Agreement is entered into between Independent School District No. 625, hereinafter referred to as the "Employe�' and the City of Saint Paul Professional Employees Association, Inc., hereinafter referred to as the `Association," for the purpose of fostering and promoting harmonious relations between the Employer and the Association in order that a high level of pubiic service can be provided to the citizens in the School District. This Agreement attempts to accomplish this purpose by providing a fuller and more complete understanding on the part of both the Empioyer and the Association of their respective rights and responsibilities. The provisions of this Agreement shall not abrogate the rights and/or duties of the Employer, the Association, or the employees as established under the provisions of the Pubiic Empioyment Labor Relations Act of 1971, as amended. C� � r � LJ iv / E:. C � � • ARTICLE 1. RECOGNITION 1.1 The Employer recognizes the Association as the exciusive representative for the Professional Empioyees Group, as cert'rfied by the State of Minnesota Bureau ofi Mediation Services, dated May 11, 1988, Case No. 88-PR-2632. This unit consists of the following: AII ciass'rfied and unclass'rfied professional empioyees of Independent School District No. 625, St. Paul, Minnesota, as listed in Appendix B of this agreement who are public employees within the meaning of Minnesota Statute. § 179.03, Subd. 14, excluding supervisory, confidential, and ail other employees. 12 The rights and benefits of provisional employees shall be govemed by the Civil Service Rules unfess such rights and benefits are specitically amended as to provisional employees by this contract. 1.3 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shail be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Pubiic Employment Relations Act to accomplish said objective. ARTICLE 2. MANAGEMENT RIGHTS � 2.1 The Association recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 22 A pubiic employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employes, its overail budget, utilization of technotogy, and organizational structure and selection and direction and number of personnei. ARTICLE 3. MAINTENANCE OF STANDARDS 3.1 The parties agree ihat all conditions of employment relating to wages, hours of work, vacations, and aI1 other general working conditions except as modified by this Agreement shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No.3250), and the Saint Paul Salary Pian and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shali be improved wherever specific provisions for improvement are made eisewhere in this Agreement. u ��.. ��Z ARTICLE 4. CHECK OFF AND SERVICE FEE • 4.1 The Employer agrees to deduct the Association membership initiation fee assessments and once each mo�th dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shail be certified to the Employer by a representative of the Association and the aggregate deductions of aIl employees shall be remitted together with an ftemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 42 Any present or future empioyee who is not an Association member shall be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shali check off said fee from the earnings of the employee and transmft the same to the Association. in no instance shall the fair share fee exceed eighty-five (85) percent of the membership dues. It is also understood that in the event the Empioyer shall make an improper fair share deduction from the eamings of an empioyee, the Association shall be obligated to make the Employer whole to the extent that the Empioyer shall be required to reimburse such employee for any amount improperly withheld. This provision shali remain operative only so long as spec'rfically provided by Minnesota law, and as otherwise Iegai. 4.3 The Association agrees to indemnify and hold the Employer harmless against any and all ciaims, suits, orders or judgments brought or issued against the Employer as a resuft ot any action taken or not taken by the Employer under the provisions of this Articie. 4.4 The Association agrees that a service fee of fifty cents (50¢) per member, per month shall be deducted by the Empioyer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the Association. � ARTICIE 5. HOURS OF WORK AND OVERTIME 5.1 The normai hours of work for the employee shall be a minimum of seven and three-fourths (7 3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38 3!4) hours in a seven {7)-day period. For employees on a shift basis this shall be construed to mean a minimum average of thirty-eight and three-fourths (38 3/4) hours a week. 52 Empioyees who work more than seven and three-fourths (7 3/4) hours in any twenty-four (24)- hour period or more than thirty-eight and three-fourths (38 3/4) hours in any seven (�-day period shall not receive pay for such additional work except as in 5.4 below. 5.3 it is understood by the parties That Section 28H - Overtime Compensation of Resolution No. 3250 shall not apply to this unit. 5.4 In unusual circumstances a department head may grant employees who work more than seven and three-fourths (7 3/4) hours in any twenty-#our (24)-hour period or more than thirty-eight and three-fourths (38 3/4) hours in any particular seven (�-day period compensatory time or pay on a straight time basis for the extra hours worked. The method oi this compensation shall be determined solely by the Employer. • 2 , "_ �� • ARTICLE 6. PROBATION 6.1 The probationary period shall be one (1) year for aii original and promotion appointees and employees who have been transferzed at their own request or reinstated after resigning in the Professional Empioyees unit. in the case of a one (1)-year probation, the employee's progress report shaii be submitted to the Human Resources Director at the end of the fourth (4th) and eighth (8th) month of employment. Unless the head of the department where the empioyee is employed at the end of his/her probationary period shaii, during the last month of the empioyee's probation, certify that the services of such probationer during the probationary period were unsatisfactory, the employment of such probationer shali continue, and the probationer shall be deemed to have satisfactorily compieted the probationary period. If the probatione�s service has been certified as unsatisfactory by the head of the department in which the employee is empioyed, the empioyment of such probationer shali terminate ai the end of the probationary period. If the probationer is entitled to veteran's preterence in accordance with the Veterans' Preference Act of the State of Minnesota, he/she shall be entitled to a hearing as required by said Act and in accordance with Section 16 of Civil Service Rules. 62 Time served on probation, whether continuous or not, shall be charged to the period of probation. 6.3 If any probationer on fair test shall be found incompetent or unqualified to pertorm the duties of the portion to which he/she has been cert'rfied or transferred, the appointing officer shall report such fact in writing to the Human Resources Office and may, for reasons specifically stated in writing and filed with the Human Resources Office, discharge, reduce, or in the case of a transferee, retum to the former position of said probationer at any time during the probationary � period; except that if the probationer is entitied to veterans' preference in accordance with the Veterans' Preference Act of the State of Minnesota, he/she shall be entitled to a hearing as required by said Act and in accordance with Section 16 of the Civil Service Rules. 6.4 If a promotional or a transferee probationer is found unsatisfactory because he/she is incompetent or unqualified to perform the duties of the cert'rfied or transferred position, the probationer shali be reinstated to his/her former position or to a position to which the employee might have been transferred prior to such promotion; except that rf the probationer is entitled to veterans' preference in accordance with the Veterans' Preference Act of the State of Minnesota, he/she shall be entitied to a hearing as required by said Act and in accordance with Section 18 of the Civii Service Rules. • �' � � t s's -^ � ARTICLE 7. SENIORITY 7.1 Seniority, for the purpose of this Agreement, shali be defined as foliows: The length of continuous, regular, and probationary service with the Employer from the date an employee was first certified anc} appointed to a ciass title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where rivo or more empioyees are appointed to the same class title on the same date, the seniority shail be determined by the empioyee's rank on the eligible list from which certification was made. 7.2 Seniority shall terminate when an employee retires, resigns or is discharged. 7.3 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class titie within each department based on inverse length of seniority as defined above. 7.4 In cases where there are promotional series, such as Accountant I, II, III, etc., when the number of employees in the higher titles is to be reduced, employees will be offered reductions to the highest title to which class seniority wouid keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall from layoff shall be in inverse order of layoff, except that recaii rights shali expire after two (2) years of iayoff. It is understood that such empioyees wiii pick up their former seniority date in any class of positions that the employee previously held. • 7.6 To the extent possible, vacation period shall be assigned on the basis of seniority. It is, however, understood that vacation assignment shali be subject to the ability of the Empioyer to maintain operations. � ARTICLE 8. WORKING OUT OF CLASSIFICATION 8.1 Employer shall avoid, whenever possibie, working an employee on an out-of-class assignment for a prolonged period of time. Any empioyee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shaii receive the rate of pay for the out-of-class assignment in a higher class'rfication not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as an assignment of an empioyee to pertorm, on a fuii-time basis, ail of the significant duties and responsibiiities of a position different from the employee's regular position, and which is in a classification higher than the ciass"rfication held by such empioyee. The rate of pay for an approved out-of-ciass assignment shail be the same rate the empioyee would receive 'rf such employee received a regular appointrnent to the higher class"rfication. \ J 1� � �� • ARTICLE 9. WAGES 9.1 The wage schedule for the purpose of this contract shall be Appendices A and C. 92 Salarv Step Eliqibilitv. Empioyees must meet the foliowing conditions in order to be eligibie for salary step advancement. 92.1 An employee must have received an overall rating of °satisfactor�' on hislher most recent pertormance evaluation to receive any salary step advancement. 922 An employee must have been paid a minimum of 1,040 hours in the previous (12) tweive months (minimum hours requirement is prorated for part-time employees) to receive any salary step advancement. 9.3 Salarv Steo Proqression. 9.3.1 An employee who meets the eligibility requirements in 92 of this Section will advance one salary step at the beginning of the pay period nearest to January 1 each year up to Step 10 (nine-year step). 9.3.2 An employee who meets the eligibility requirements in 92 of this Section and who has completed fifteen (15) or more calendar years of service in the District wili advance one (1) salary step at the beginning of the pay period nearest to January 1 each year, not to exceed Step 11 (fifteen-year step). 9.3.3 An employee who meets the eligibility requirements in 9.2 of this Section and who has � completed twenty (20) or more calendar years of service in the District wili advance one (1) salary siep at the beginning of the pay period nearest to January 1 each year, not to exceed Step 12 (twenty-year step). 9.3.3.1 An employee who is on Step 10 immediately prior to December 27, 2003, and who has completed twenty (20) or more years of District service wiil advance to Step 12 (twenty-year step) effective December 27, 2003. 9.3.4 Years of ciassified service in the District and the City of St. Paui wiil be recognized in step placement and step advancement. • � � �� . ; " -- C; f � ARTICLE 10. PROFESSIONAL GROWTH SECTION 1. The parties recognize that professional growth is an inherent continuing obiigation of professionat employees. To that end, professional empioyees shali avail themselves of opportunities for improving their skiils. Professionai reading, participation in the professional activities of professional organizations, formal and informal study, workshops, in-service training courses, membership dues in professional organizations directly related to the employee's current position, and community activities are exampies of the kinds of involvement expected of professionai empioyees and encouraged by the Board of Education. SECTION 2. For fiscal year 2002 and thereafter, an amount of $500 per fiscat year shatl be provided for each empioyee for an employee's professionai growth. These funds may be applied to pay the costs for attendance at national or regional conventions, workshops, clinics or other professional meetings, and memberships in professional organizations approved by the employee's immediate supervisor. Meetings that have negotiations as a principle topic shali not be deemed appropriate for purposes of this Article. "Costs for attendance" shall mean registration fees, Iodging, books and materials, food and travel. Expenses to be reimbursed shall be properly documented upon the appropriate voucher form in accordance with District regulations and procedures. SECTION 3. An employee may carry over from one fiscal year to the next the full allowance or part of the fiscai yea�'s allowance which remains unused. The carryover aliowance will be added to the ailowance available in the foilowing fiscal year. The maximum individual allowance avaiiabie in any fiscal year, including carryover, cannot exceed $1,000. • SECTION 4. This professional growth ailowance is intended to repiace tuition reimbursement previously provided for in the Saint Paul Salary Plan and Rates of Compensation. It is not intended to supplant nor limit departmental professional development opportunities. Attendance of employees at other professional meetings without the use of these funds and without loss of pay may be granted subject � to the approva! of the employee's immediate supervisor. ARTICLE �1. HOLIDAYS 11.1 Holidavs Recoqnized and Observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Jr. Day Thanksgiving Day Presidents' Day Day After Thanksgiving Memorial Day Christrnas Day Independence Day Eiigible employees shall receive pay for each of the holidays listed above on which they pertorm no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shail be observed as the holiday. W henever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. 112 Elioibilitv Requirements. To be eligibie for holiday pay, employees must be active on the payroll the day of the holiday. Ten-month employees shail receive holidays that fall within their work year, provided they meet the eligibility requirements of this section. 11.3 If Martin Luther King Jr. Day or Presidents' Day falis on a day when school is in session, the employees shall work that day at straight time and another day shali be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and the supervisor. • ., . ; -a., � � �� ^� ` � • � • ARTICLE 12. VACATION 12.1 in each calendar year, each full-time employee shall be granted vacation according to the following schedule: Hours of Vacation Earned Per Hour on Pavroil iP�'a Years of Service First yearthrough 4th year After the 4th year through 10th year After 11 years and thereafter .0769 .0962 .1154 Annual Annual Hours Days Eamed Eamed 160 20 200 25 240 30 Calculations are based on 2,080 hours and shali be rounded to the nearest hour. `Years of Service" means calendar years of service. An employee may carryover into the foliowing year up to one hundred and sixty (160) hours of vacation. 12.3 Upon separation of service, if empioyee has provided ten (10) calendar day notice to the Employer, any unused, accrued vacation shall be paid ai the employee's current rate of pay. If an employee has been granted more vacation than the employee has earned up to the time of separation from service, the employee shall reimburse the District for such unearned vacation at the empioyee's current rate of pay. If an employee is separated from service by reason of discharge, retirement or death, the employee shall be paid for any unused, accrued vacation earned up to the time of such separation. Employees who retire with unused vacation and who are eligible for severance pay will receive pay for unused vacation in the form of a contribution to the School District No. 625 403(b) Tau-Deferred Retirement Plan for Shekering Severance Pay and Vacation. 12.4 Sick Leave Conversion. If an empioyee has an accumulation of sick leave credits in excess of one hundred and eighty (180) days, he/she may convert any part of such excess to vacation at the rate of one-half (1/2) day's vacation for each day of sick leave credit. No employee may convert more than ten (10) days of sick leave in each calendar year under this provision. 7 1 � s3 °y L., :� � ARTICLE 13. SICK LEAVE 13.1 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, exciuding overtime. Sick leave accumulation is unlimfted. To be eligibie for sick leave, the employee must report to his/her supervisor no later than one-hatf hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. 132 Spec'rfied Allowabie Uses of Sick Leave. Any employee who has accumulated sick leave credits as provided above shaii be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and deciared by the Bureau of Health, death of the employee's mother, father, spouse, child, step-parent, step-child, brother, sister, mother-in-law, father-in-law or other person who is a member of the househoid; and may be granted leave with pay for such time as is actuaily necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a parent or a member of his/her household, making arrangements for the care of such sick or disabled persons up to a mauimum of eight (8) hours sick leave. 13.2.1 Funeral Leave. Any empioyee who has accumulated sick leave credits, as provided in the Civii Service Rules, shaii be granted three days of such leave to attend the funeral of the employee's son-in-law, daughter-in-Iaw, grandparent or grandchild, step-parent, step-chiid and one (1) day for the employee's aunt, uncle, sister-in-law, brother-in-law, niece or nephew. C J 13.22 Sick Child Care Leave. Sick Ieave for sick child care shall be granted on the same terms as the employee is abie to use sick leave for the employee's own illness. This leave shall oniy be granted pursuant to Minnesota Statute §181.9413 and shall remain avaiiabie �as provided in Statute. � 132.3 Spouse/Dependent Parent Leave. Up to five (5) days of accumulated sick teave may be used in a work year to allow the empioyee to care for and attend to the serious or criticai iilness of his/her spouse or dependent parent. These days when used are deduciible from sick leave. 132.4 Adootion Leave. Up to frfteen (15) days of accumulated sick leave may be used in a contract year to attend to adoption procedures or care for a newly-adopted child or for a father with a newbom child. Use of these fifteen (15) days does not need to occur consecutively. The fifteen (15) days of sick leave for fathers of newboms must be used within six (6) weeks surrounding the birth of the chiid. For adoption the tifteen (15) days of sick leave may be used for adoption processes or up to six (6) weeks foilowing the adoption. 13.3 Eliqibilitv for Sick Leave. To be eligible for sick leave, the employee must meet the specified uses in 132 and report the need for time off to his/her supervisor no later than one-half hour past his/her regular scheduled starting time. 13.4 The granting of sick leave is subject to additional provisions as provided in Civil Service Rules. • • ARTfCLE 14. PARENTAUMATERNITY LEAVE � �4.1 Matemity is defined as the physical state of pregnancy of an empfoyee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. in the event of an employee's pregnancy, the employee may apply for leave withoui pay at any time during the period stated above and the Empioyer may approve such leave at its option, and such leave may be no longer than one (1) year. 142 Parental leave shall be granted to employees for the birth or adoption of a child in accordance with applicable state and federai laws. ARTICLE 15. EMPLOYEE BENEFITS SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE 1.1 The Employer wiil continue for the period of this Agreement to provide for active employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. 1.2 Eliqibilitv Waitina Period. One (1) fuif month of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and life insurance provided herein. � 1.3 Full-Time Status. For the purpose of this Article, fuil-time employment is defined as appearing on the payroll at least thirty-rivo (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.4 Half-Time Status. For the purpose ofi this Article, halfi-time empfoyment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. 1.5 Emplover Contribution Amount: Full-Time Emplovees. Effective January 1, 2004 and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $366 per month, whichever is less. For each eligible fuil-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $665 per month, whichever is less. 1.5.1 Effective January 1, 2005, for each eligible employee covered bythis Agreement who is employed full time and who selects empioyee insurance coverage, the Empioyer agrees to contribute the cost of such coverage or $415 per month, whichever is less. For each eligible fuil-time empioyee who selects family coverage, the Empioyer will contribute the cost of such family coverage or $740 per month, whichever is Iess. u '.)�.� ~ �� AR7ICLE 15. EMPLOYEE BENEFITS, Section '1. (continued) 1.6 Emplover Contribution Amount: Half-Time Emolovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees for the insurance coverages in 1.5, 1.7, 1.8 and 1.9 of this Article. 1.7 Emplover Contribution Amount: Active 10-Month Emolovees. The District agrees to continue contributions for benefits during months that 10-month employees are not actively at work. i.8 Emplover Contribution Amount: Married Couples. Employees who are married to another District empioyee and who are covered under their spouse's heatth plan may waive the single or family contribution to heatth insurance and receive up to $200 per month toward their spouse's family premium. The combination of District contributions cannot exceed the full cost of family coverage and cannot be applied in cases where the spouse is receiving heatth insurance through the DistricYs cafeteria benefits plan. 1.9 Life Insurance. Effective January 1, 1996: The District agrees to provide term I'rfe insurance in the amount of $50,000 for each eligible employee. This amount of life insurance shall be reduced to $5,000 upon early retirement and shall continue until the early retiree reaches age sixty-five (65), at which time the Empioyer paid life insurance shall be terminated. 1.10 Dental Insurance. The Employer will contribute for each eligibie employee covered by this Agreement who is employed fuii-time toward participation in a dental care plan offered by the Employer up to $35 per month for empioyee coverage. Effective January 1, 2004, employees who enroli in family dental coverage may pay the difference between the cost of family coverage and the districYs $35 monthty contribution to single coverage. 1.11 Lona-Term Disabilitv lnsurance. Efifective January i, 2003, the Employer wi!! provide long-term disability coverage for each eligible empioyee. 1.12 Flexible Soendinq Account. The Employer shail maintain during the term of this Agreement a plan for medicai and chiid care expense accounts to be availabie to empioyees in this bargaining unit who are eligible for Empioyer-paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.13 The contributions indicated in this Article 15 shall be paid to the Employe�s group health and welfare plan. 1.14 Any cost of any premium for any Empioyer-offered employee or family insurance coverage in excess of the doliar amounts stated in this Article 15 shall be paid by the employee through payroll deducfion. � � • 10 � � • ARTICLE 15. EMPLOYEE BENEFITS, (continued) SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFIT Subd. 1 Benefit Eliaibilitv for Emplovees who Retire Before Ape 65 �,,�, _ � �. �-�: - � . �: 1.1 Emplovees hired into District service before Januarv 1. 1996 must have completed the following service eligibility requirements with Independent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District 625; B. C. D. E. 12 1.3 Must be at feast fifty-eight (58) years of age and have completed twenty-tive (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 ai least thirty (30) years of service, or; Musi have completed at least twenty (20) consecutive years of service within independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. Emplovees hired into District service after Januarv 1. 1996, must have completed twenty (20) years of service with Independent School District No. 625. Time with ihe City of Saint Paui wiil not be counted toward this twenty (20)-year requirement. EliqibiliN requirements for all retirees. A. A retiree may not carry his/her spouse as a dependent 'rf such spouse is also an Independent School District No. 625 retiree or Independent School District No.625 employee and eligible for and is enroiled in the Independent Schooi District No. 625 health insurance program, or in any other Employer-paid health insurance program. C:� 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 appiication through District procedures prior to the date of retirement in order to be eiigible for any benefits provided in this Section. D. Emptoyees terminated for cause wiii not be eligible for employer contributions toward insurance premiums for pre-age 65 or post-age 65 coverage. At the EmpioyeTs discretion, the Empioyer may consider an employee's voluntary resignation in lieu of termination. The termination of an empioyee, if contested, must be upheld by a neutral third party. 11 ��P �72 ARTICLE 15. EMPLOYEE BENEFITS, Section 2. (continued) w Subd. 2 Emplover Contribution Leveis for Emplovees Retirina Before Aqe 65 2.1 Health Insurance Employer Contribution. Employees who meet the requirements in Subd. 1.1 or Subd. 12 of this Article will receive a District contribution toward health insurance until the employee reaches sixty-five (65) years of age as defined in this subdivision. 2.1.1 The District contribution toward health insurance premiums wili equal the same dollar amount the District contributed for single or family coverage to the carrier in the employee's last month of active employment. 2.12 In the event the District changes health insurance carriers, it will have no impact on the District contribution for such coverage. 2.1.3 Any employee who is receiving family coverage premium conVibution at date of retirement and later changes to single coverage will receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. 2.2 L'rfe Insurance Emplover Contribution. � The Districi wili provide for eariy retirees who qualify under the conditions of 1.1 or 12 above, premium contributions for eligibie retirees for $5,000 of I'rfe insurance only until their 65th birthday. No I'rfe insurance will be provided, or premium contributions paid, for any retiree age sixfy-five (65) or over. • Subd. 3. Benefit Eliqibilitv for Emolovees After Aqe 65. 3.1 Emolovees hired into the District before Januarv 1, 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 of this Article. 3.2 Emolovees hired into the District before Januarv 1. 1996. who retire at age 65 or older must have completed the service eligibility requirements in Subd. 1 above to receive District contributions toward post-age-65 heaPth insurance premiums. 3.3 Empiovees hired on or after Januarv 1. 1996, shall not have or acquire in any way any eligibility for Empioyer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Empioyees hired on or after January 1, 1996, shaii be eligible for oniy eariv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. 3.4 Years of cert'rfied civil service time with the City of Saint Paul eamed prior to January 1, 1996, wiil corrtinue to be counted toward meeting the DistricYS service requirement of this Subd. 3. Civil service time worked with City of Saint Paui after January 1, 1996, wili be considered a break in District employment. 3.5 Employees terminated for cause wiii not be eligible for employer contributions toward insurance premiums for pre-age 65 or post-age 65 coverage. At the Employer's discretion, the Employer may consider an employee's voluntary resignation in lieu of termination. The termination of an employee, 'rf contested, must be upheld by a neutrai third party. � 12 c��t �� • ARTICLE 15. EMPLOYEE BENEFITS, Section 2. (continued) Subd. 4 Emplover Contribution Levefs for Emofovees After Aqe 65 4.1 Emplovees hired into the District before Januarv 1 1996 who retire on or after Januarv 1. 1998. and who meet the eligibility requirements in Subdivisions 3.1 or 32 of this Article are eligible for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy wiil nat exceed: Coveraqe Tvpe Medicare Eligible Non-Medicare Eligible Sin ie Famiiv $300 per month $400 per month $400 per month $500 per month At no time shali any payment in any amount be made directly to the retiree. i • 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. Subd. 5. Emplovees hired after Januarv 1. 1996 after completion of three {3) full years of consecutive active service in Independent School District No. 625, are eiigible to participate in an employer matched Minnesota Deferred Compensation Plan or District-approved 403(b) plan. Upon reaching eligibility, the District will match up to $60 per paycheck to a maximum of $600 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working haif-time or more wiil be eligible for up to one haff (50%) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) fuil years of consecutive active service, and shall not be considered a break in service. Time worked in the Ciry of Saint Paui wili not be counted toward this three (3)-year requirement. Federal and siate rules goveming participation in the Minnesota Deferred Compensation P1an or District- approved 403(b) plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annuai contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricYs specified procedures. 13 f��7Z f ARTICLE l6. SEVERANCE PAY Pursuant to appropriate Minnesota statutes, laws, and Ciry ordinances, the following are provided: 16.1. Severance Pav. The District shali provide a separate severance pay program as set forth in this Section. Payment of severance pay shall be made within the tax year of the retirement as described in Business Office Rules. Ali payments made under this subdivision shall be made to the School District No. 625 403(b) Tau-Deferred Retirement Plan for SheRering Severance Pay and Vacation, hereinafter referred to as the "Severance Plan.° 162 16.3 Eli ibil' . To be eligibie for the Severance Pian, an employee must meei the following requirements: 162.1 The employee must be fifty-five (55) years of age or older and must be eligible for pension under provisions of the St. Paul Teachers Retirement Fund or the Public Employees Retirement Assoc+ation (PERA). 1622 The empioyee musi be voluntarily separated from District employment or have been subject to separation by layoff or retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not efigible for fhis severance pay program. 162.3 For the purpose of this Severance Plan, a death of an empioyee shall be considered as separation of empioyment and, 'rf the empioyee would have met all of the requirements set forth in this Section at the time of his or her death, contributions to the Severance Plan shail be made to the employee's estate. Severance Pav 16.3.1 Eariv Nofrfication Incentive. Employees who meet eligibility requirements of 162 of this ARicle and who complete, sign and submit a Resignation Notice form to the Director of Human Resources three months prior to retirement wiil receive a District contribution of $2,500 to the Severance Plan. 16.3.2 Pav for Unused Sick Leave 16.32.1 If an employee notifies the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and "rf the employee meets the eligibility requiremen#s set forth in 16.2 above, he or she wiit receive a District contribution ro the Severance Ptan in an amount equal to $125 for each day of accrued, unused sick leave, up to 140 days. In this instance, the maximum amount of severance pay wiii not exceed $17,500. 16.322 If an empioyee not'rfies the Human Resource Department ir� less than three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirement set forth above, he or she wiil receive a District contribution to the Severance Plan in an amount equai to $100 pay for each day of accrued, unused sick leave up to 150 days. In this instance, the maximum amount of severance pay wiil not exceed $15,000. 16.32.3 If exigent circumstances exist, such as a sudden illness�njury of the employee or immediate family member necessitating immediate retirement, and 'rf the employee meets the eligibility requirements set forth above, he or she wiil receive a District contribution to the Severance Plan in an amount equa! to $125 pay for each day of accrued, unused sick leave up to 140 days. 16.3.3 Maximum Severance Pav. The maximum amount of severance pay that any employee may obtain through this Severance Plan, exciuding pay for eamed, unused vacation, is $20,000. r , 1 I u i • 14 �� • � • ARTICLE 16. SEVERANCE PAY, (continued) �6.4 PaY for Eamed. Unused Vacation. Employees who meet the eligibility requirements oi 16.2 of this Article, who qualify for severance pay per 16.3 of this Article, and who retire with eamed, unused vacation shall receive pay for such vacation. Payment for eamed, unused vacation shall be made to the Severance Plan. Nothing in this Article precludes an employee from receiving direct compensation for eamed, unused vacation if he or she does not meet the severance pay eligibility requirements herein. ARTICLE 17. LEGAL SERVICES 17.1 Except in cases of maffeasance in office or witiiul or wanton neglect ot duty, Employer shall defend, save harmless and indemnify employee against any tort ciaim or demand, whether groundless or otherwise, arising out of aileged acts or omission occurring in the performance or scope of employee's duties. 172 Notwithstanding (17.1), the Employer shall not be responsible for paying any legal service fee or for providing any legal service arising from any Iegal action where the employee is the plaintiff. ARTICLE 18. DISCIPLINE 18.1 The Employer will discipline employees for just cause oniy. Discipline wiil be in the form of: 182 18.3 18.i.1 Writtenreprimand; 18.12 Suspension; 18.1.3 Reduction; 18.1.4 Discharge. Suspensions, reductions, and discharges will be in written form. Employees and the Association wiii receive copies of written reprimands and notices of suspension and discharge. 18.4 Employees may examine all information in their Empioyer personnel files that concems work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supenrision of the Employer. 18.5 � 18.7 Preliminarv Review. Prior to issuing a discipiinary action of unpaid suspension, demotion, or discharge, the supervisor wiii make a recommendation to his/her supervisor regarding proposed discipline. That supervisor wili then schedule a meeting with the empfoyee prior to making a finaf determination of the proposed discipiine. The employee shall have the opportunity to have union representation preseni 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 will be given the opportunity to respond in writing. An employee to be questioned conceming an investigation of disciplinary action shall have the righi to request that an Association Representative be present. A grievance relating to this Articie shall be processed in accordance with the grievance procedure of this Agreement in Articie 19 and Minnesota Statute § 179A20, Subd. 4. This provision is not intended to abrogate rights of veterans pursuant to statute. 15 .�... ��/� ARTICLE 19. GRIEVANCE PROCEDURE • 19.1 The Employer shali recognize stewards selected in accordance with Association rules and regulations as the grievance representatives of the bargaining unit. The Association shali notify the Employer in writing of the names of the stewards and of their successors when so named. 192 It is recognized and accepted by the Employer and the Association that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accompiished during normal working hours only when consistent with such employee duties and responsibilities. The steward invoived and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have not'rfied and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer, 19.3 Tfie procedure established by this Article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and condRions of this Agreement. 19.4 Grievances shail be resoived in conformance with the following procedure: Step 1. Upon the occurrence of an alleged violation of this Agreement, the empioyee involved with or without the steward shall attempt to resolve the matter on an informai basis with the employee's supervisor. If the matter is not resoived to the employee's satisfac5on by the informal discussion, it may be reduced to writing and referred to Step 2 by the Association. The written grievance shali set forth the nature of tfie grievance, the facts on which it is based, the aileged section(s) of the Agreement vioiated, and relief � requested. Any aileged violation of the Agreement not reduced to writing by the Association within ten (10) workdays of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. W ithin ten {10) workdays after receiving the written grievance, a designated Employer supervisor shali meet with the Association steward and attemp! to resoive the grievance. If, as a resuk of this meeting, the grievance remains unresoived, the Employer shall repiy in writing to the Association within five (5) workdays foilowing this meeting. The Association may refer the grievance in wrfting to Step 3 within ten (10) workdays following receipt of the Employer's written answer, Any grievance not refeRed in writing by the Association within ten (10) workdays foilowing receipt of the Employe�'s answer shali be considered waived. Step 3. Within ten (10) workdays following receipt of a grievance referred from Step 2, a designated Empioyer supervisor shall meet with the Association's representative or his designated representative, the Empioyee, and the Steward, and attempt to resoive the grievance. Within ten (10) workdays foilowing this meeting, the Employer shail reply in writing to the Association stating the Empioyets answer conceming the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance to Step 4. Any grievance not referred in writing by the Association to grievance mediation or Step 4 within ten (10) workdays foliowing receipt of the Employer's answer shall be cronsidered waived. The Employer within ten (10) working days of receipt of the request for review at Step 4 may refer the grievance to grievance mediation or allow the grievance to proceed to Step 4. � � � ��, �., -� � • ARTICLE 19. GRIEVANCE PROCEDURE (continued) Step 4. if the grievance remains unresolved after the Step 3 response and/or grievance mediation, the Association may within ten (10) workdays after the response of the Empioyer or conclusion of inediation, request arbitration of the grievance. The arbitration proceedings shali be conducted by an arbitratos to be setected by mutuai agreement of the Empioyer and the Association within ten (10) workdays after notice has been given. If the parties faii to mutually agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Association shail have the right to strike two (2) names from the panei. The Association shail strike the first (1st) name; the Empioyer shall then strike one (1) name. The process wiil be repeated and the remaining person shall be the arbitrator. 19.5 The arbitrator shall have no right to amend, modify, nuil'rfy, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shail consider and decide only the spec'rfic issue submitted in writing by the Empioyer and the Association, and shali have no authority to make a decision on any other issue not so submitted. The arbitrator shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shali be submitted in writing within thirty (30) days following ciose of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shali be final and binding on the Employer, the Association, and the employees. � 19.6 The fees and expenses for the arbitrato�'s services and proceedings shall be bome equally by the Employer and the Association, provided that each party shall be responsibie for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 19,7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Association. 19.8 It is understood by the Association and the Empioyer that 'rf an issue is determined by this grievance procedure, it shall not again be submitted for determination in another forum. If an issue is determined by any other forum, it shall not again be submitted for arbitration under this grievance procedure. • 17 . . . , � F � � � 4 ARTICLE 20. NON-DISCRIMINATION 20.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrimination for or against any individual because of race, coior, creed, sex, age, or because of inembership or non-membership in the Association. 20.2 Empioyees wili pertorm their duties and responsibilities in a non-discriminatory manner as such duties and responsibifities involve other employees and the general p�blic. ARTICLE 21. WORK STOPPAGE 21.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow- downs, sit-down, stay-in or other concerted interterence with the Empioye�'s business or affairs by any of said Association and/or members thereof, and there shall be no bannering during existence of this Agreement without first using ail possible means of peaceful settiement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. ARTICLE 22. MILEAGE SECTION 1. MILEAGE ALLOWANCE. Empioyees of the Schooi District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mileage allowance for eligible employees shall be estabiished by the Board of Education. The mileage reimbursement rate shall be indexed periodicaliy to reflect the rate established by the Intemai Revenue Service. SECTION 2. REIMBURSEMENT PROCEDURES. An employee must keep a record of each trip made. Reimbursement shatf be for the acfua( miteage driven in the performance of assigned duties as ver'rfied by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 23. COURT DUTY LEAVE 23.1 Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a witness in his/her own behalf against the Employer, shali be paid the reguiar pay while so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the Employer and be deposited with the Employer Business Office. Any empioyee who is schedufed to work a shift other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as the empioyee is required to appear in court as a juror or witness. • r� �J • 18 E�";:� � "� • � • ARTICLE 24_ SAVING CLAUSE 24.1 This Agreement is subject to the laws of the United States, the State of Minnesota. In the event any provisions of ihis Agreement shall be held to be contrary to Iaw by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in fuil force and effect. The voided provision may be renegotiated at ihe written request of either party. Ail other provisions of this Agreement shall continue in fuil force and effect. ARTICLE 25. DURATION AND EFFECTIVE DATE 25.t Except as herein provided, this Agreement shall be eftective as of January 1, 2004, and shall continue in full force and effect through December3l, 2005, and thereafter until modified or amended by mutuai agreement of the parties. Either party desiring to amend or modify this Agreement shali notify the other in writi�g so as to comply with the provisions of the Public Empioyment Labor Relations Act of 1971, as amended. 25.2 This constitutes a tentative agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education of Independent School District No. 625 and is also subject to ratification by the Association. WITNESSES: INDEPENDENT SCHOOL DIS"fRICS NO. 625 c�x-� �""�""'. Chair, Board of Education Negotiations/Empfoyee Relations Manager � Negotiations/Emp yee Relations Assistant Manager THE CtTY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. �.� � President, P.E.A. ��Q � yVL`°`"` Negotiator, P.E.A. �j/ -z2 o`{ - Date 'v - 2- C1- D'� Date �9 � -�.�, Z � APPENDIX A TITLES AND SALARIES Effective December 17, 2003 r, LJ Year 0 1 2 3 4 5 6 7 S 9 15 20 Step � 2 3 4 5 6 7 8 9 10 71 12 Grede 3 Fund Development Assistant (effective March 16, 2004) Library Specialist Pubiic information Specialist I $33,384 $35,072 $36,193 $35,678 $40,594 $42,664 $44,734 $46,258 $46,802 $47,724 $48,474 $48,724 Grade 5 Grants Assistant Graphic Artist 1 Innova6on and Development Assistant Management Assistant I Retum to Work (Step 1 Oniy) Technical Training Assistant $35,397 $37.248 $39,067 $41.015 $43,029 $45,215 ^�47.436 $49,052 $49,629 $50.607 $5'1.357 $51,607 Grade 7 Accountantl Librarian 1 Public Information Specialist II Research Analyst I � $37,606 $39,456 $47,470 $43,550 $45,692 $47,996 $50,376 $52,092 $52,705 $53,743 $54,493 $54,743 • Grade 8 Assistant Food Production Manager Staffing Specialist 1 $38,742 $40,659 $42,639 $44,815 $47.053 $49,454 $5'1,896 $53,664 $54,295 $55,365 $56,1�5 $56.365 Grade 9 Accountabil"�iy Assistant Landscape Arohitect Management Assistant II $39,578 $41,861 $43.970 $46,179 $48.485 $50,878 $53.416 $55,236 $55,886 $SQ987 $57,737 $57.987 Grede 10 CoMract Coordinator "Graphic Artist II Research Matysill Student Infortnation System Support Specialist Training Specialist $41.0'I5 $43.093 $45,269 $47,542 $49,881 $52.435 $55.072 $56,948 $57,678 $58,754 $59,504 $59,754 Grade 11 Accountantll Architect I $42,3'14 $44,425 $46,G33 $49,005 $57,407 $53,892 $56,728 $58,661 $59,351 $60,520 $61,270 $61,520 "This title in this grade abolished except as to present incumbents. • � �- . �,� • APPENDIX A (continued) TITLES AND SALARIES Effective December'17, 2003 Year 0 7 2 3 4 5 6 7 8 9 �5 20 Step . 1 2 3 4 5 6 7 8 9 10 17 �2 Grade 12 Benefits Specialist 2 EDP Systems Analyst I Environmental Safety Specialist Food Service Purchasing Analyst Human Rights (nvestigator Staffing Specialist 2 Value Analyst I $43,580 $45,725 $48,030 $50,433 $52,934 $55,681 $58,418 $60,408 $61,1'19 $62,323 $63,073 $63,323 Grade'13 Granis Specialist Landscape Architect II Librarian II Management Assistant III $44,881 $47.753 $49,426 $51,927 $54,590 $57,305 $60,106 $62,154 $62,885 $64.124 $64,874 $65,'124 Grade 14 Ombudsperson Research Analyst 111 � Human Resource Specialist Staffing Specialist 3 $46,277 $48,518 $50,985 $53,486 $56,181 $58,994 $61,966 $64,077 $64,831 $66,108 $66,858 $67,108 Grede 15 Accountant 111 Architect II Maintenance and Capital Improvement Planner $47,608 $49,947 $52,479 $55,077 $57,&37 $60,816 $63,857 $66,033 $66,810 $68,126 $68,876 $69.126 Grade 16 EDP Systems Analyst II Management Information Systems AnalysUApplications Support Network Specialist Vaiue Analyst II $49,038 $51.506 $54,0�0 $56,765 $59,624 $62,605 $65,715 $67,953 $68,753 $70,908 $70,858 $7'1,708 Grede 1S • Compensatory Education Specialist Fund Developmeni Coordinator Landscape Architect III Public Relations Coordinator Senior Budget Analyst Senior Ombudsperson Student Infortnation System Support Analyst $St.892 $54,654 $57,351 $60,273 $63.260 $66,480 $69,702 $72.076 $72,924 $74.361 $75,1'li $75,36'i • 21 �; F�_ _ � � �,. � APPENDIX A (continued) TITLES AND SALARIES Effective December 17, 2003 � Year 0 1 2 3 4 5 6 7 8 9 75 Step 7 2 3 4 5 6 7 8 9 10 11 Grede 20 Architect 111 EDP Systems Anaiyst III "Mechanical Engineer III $51Q07 $57,967 $60.857 $63.910 $67,093 $70,455 $73 $76,5'13 $77,414 78,939$ 579,689 $79,939 Grade 22 Program Evaluator $58.552 $67,474 $64.560 $67,774 $71,'I51 $74,761 $7$485 $81,'159 $82,'114 $83,732 $84,482 $84.732 Grade 26 UNIX/Network Administrator $65.955 $69.738 $72.679 $76,315 $80.114 $54,168 $88.318 $91.327 $92.401 $94,222 $94.972 $95,222 Grade 30 NetworlJinformalion Sysiems Adminisirator $74,204 $77,875 $81.738 $85,863 $90,149 $94,635 $99,465 $102.857 $704.067 $106,�18 $706,868 $107,118 Grade 35 Database Administrator (OR.4CLE) $85,992 $90,345 $94,345 $94,794 $99,536 $104,504 $109,839 $115,280 $119,207 $720,609 $122,986 $123,986 • "'This vtle in this gratle abolist�ed e�ept as to preseni incumbents. Annual salaries are based on 2,080 hours. If a contract work year exceeds 2,080 hours, addrtonal salary vnll be based on the daity/houdy 2te of pay. u 22 :� � � C� u u APPENDIX B Gredes Grade 7 Grade 11 Grade 15 Grade 11 Grade 15 Grade 20 Grade 8 Grade 12 Grade 16 Grade 20 Grade 12 Grade 12 Grade 5 Grade 10 Grade 9 Grade 13 Grade 18 Grade 7 Grade 13 Grade 3 Grade 15 Grade 5 Grade 9 Grade 13 Grade 20 Grade 16 Grade 3 Grade 7 Grade 7 Grade 10 Grade 14 Grade 18 Grade 10 Grade 12 Grade 16 TITLES AND GRADES PROFESSIONAL EMPLOYEES' ASSOCIATION, INC. Classified Titles Accountantl Accountant II Accountant ill Architect 1 Archftect II Architect III Assistant Food Production Manager EDP Systems Analyst i EDP Systems Analyst il EDP Systems Analyst III Environmental Safety Specialist Food Service Purchasing Anaiyst Graphic Artist I Graphic Artist II Landscape Architect Landscape Archftect II Landscape Architeci ill Librarian I Librarian II Library Specialist Maintenance and Capital Improvement Planner Management Assistant I Management Assistant II Management Assistant III Mechanical Engineer Iil Network Specialist Public Information Specialisi I Public Information Specialist II Research Analyst i Research Analyst il Research Analyst III Senior Budget Analyst Training Specialist Value Analyst I Value Analyst II 'This title in this grnde abol'�shed �cept as to pr�eM i�umbents. 23 -� ` Appendix B (continued) Gredes Grade 9 Grade 12 Grade 18 Grade 10 Grade 35 Grade 3 Grade 18 Grade 5 Grade 13 Grade 12 Grade 14 Grade 5 Grade 16 Grade 30 Grade 14 Grade 22 Grade 18 Grade 5 Grade �8 Grade 8 Grade 12 Grade 14 Grade 18 Grade 10 Grade 5 Grade 26 TITLES AND GRADES PROFESSIONAL EMPLOYEES' ASSOCIATION, INC. Unclass'rfied Titles Accountability Assistant Benefits Specialist 2 Compensatory Education Specialist Contract Coordinator Database Administrator (Oracie) Fund Development Assistant (effective March 16, 2004) Fund Development Coordinator Grants Assistant Grants Specialist Human Rights Investigator Human Resource Specialist Innovation & Deveiopment Assistant MIS AnalysUApplication Support NetworWinformation Systems Administrator Ombudsperson Program Evaluator Public Relations Coordinator Retum to Work Senior Ombudsperson Staffing Specialist 1 Staffing Specialist 2 Staffing Specialist 3 Student Information System Support Analyst Student Information System Support Specialist Technical Training Assistant UNIXMetwork Administrator • � • 24 �.. � m . _ fs • APPENDIX C . Years Start 1 Step 'I 2 �J c • Grade� 2 3 4 5 6 7 8 9 10 11 12 t3 14 15 �6 17 18 19 20 21 22 23 24 25 26 27 28 29 � 31 32 33 34 35 36 37 38 39 40 4� 42 � 44 45 STANDARD RANGES, DECEMBER 17, 2003 PROFESSIONAL EMPLOYEES' ASSOCIATION, INC. 2 3 4 5 6 7 8 3 4 9 l5 10 11 11� � 31,50� 32,442 33,354 34,390 35.397 36,501 37.606 38,742 39.878 41,075 42,3�4 43,580 44,88i 46,217 47,608 49,038 50,530 51,992 53,550 55,207 56,831 58,552 60,347 62,092 64,008 65,955 67.871 ss,sis 72,028 74.204 76,413 78,654 81,024 53,460 85,992 88,558 9�,221 93,982 ss,ns 99,697 702,652 105,769 10&889 112,� 67 175,577 33,026 34,033 35,072 36,079 37,248 38,353 39,456 40.659 4�,861 43,093 44,425 45,725 47,153 48,518 49.947 51,506 52,999 54,654 56,246 57,967 59,689 67,474 63,326 65,240 67,790 69,138 71,281 73,426 75,60� n,s�s 80,244 a2.sas 85, � 16 57,681 90,345 92,975 95,767 98,658 107,614 104,699 107,816 110,998 114,376 'I'17,785 '121,324 34,693 35,755 36,793 37,93'I 39,067 40,269 4'1,470 42,639 43,970 45269 46,633 48,030 49,426 so.sss 52,479 54,070 55,629 57,351 ss,o�� 60,857 62,677 64,560 66,454 68,489 �o,soz 72.679 74.82'I n,iza 79,368 8�,738 84,239 as,n2 89,370 92,064 94,794 97,651 100,541 103,594 106,679 109,926 113,173 116,551 120,059 123,696 � 27,366 36,470 37,508 38,678 39,846 47,015 42,250 43,550 44,875 46,179 47.542 49,005 50,433 51,927 53,486 55,077 56,765 58,454 60,273 sz,oz� 63,910 65,858 67,774 69,853 71.898 74,043 76,315 78,588 80,894 83,394 85,863 88,428 si,iza 93,883 96,645 99,536 102,555 705.607 108,758 t � 2.070 115.350 t � 8,824 122,365 126,067 129,899 733,72� 5 6 38,222 39,425 40,594 41,827 43.029 44,328 45.692 47,053 48,485 49.881 51,407 52,934 54,590 56,181 57,837 59.624 61,377 63,260 ss,ns 67,093 69,074 71,157 73,296 75,537 n,�aa 80,114 82,578 84,953 87,552 90.749 92�845 95,638 98,528 101,483 '104,504 107,653 710,869 114,214 117.655 121��95 124,768 128,502 132,399 136,361 '140,420 40,274 41,406 42,664 43,889 45,215 4&,606 47,996 49,454 50,878 52,435 53,892 55,68� 57,305 58,994 60,816 62,605 64,525 66,480 sa,ss� 70,455 72,574 74,761 77,047 79,299 81,717 84,765 86,652 89,303 91,952 94,635 97,550 100,499 103,513 106,594 109,839 � 13,086 116,498 120,008 723,553 127,529 131,303 135.245 139,320 143,493 747,767 7 8 42,166 43,483 44.734 46,119 47,436 48,889 50,376 5�,896 53,416 55,072 56,728 58,415 60,106 si,sss 63.857 65,715 67,777 69,702 �i,sso 73,993 76,222 78,4&5 80,885 83,217 85,752 88.318 90.987 93,724 96,527 99,468 102,392 105,448 �08,657 � 1'1,969 �15,280 178,691 172,273 125,922 129,740 133,626 137,579 141,735 145,992 150,383 154,877 43,602 44,965 46,255 47,690 49,052 50,554 52,092 53,664 55,236 56,948 58,661 60,408 62,'154 sa,on 66,033 67,953 70,086 72,076 �a,2n 76,513 78.819 81.159 83,641 86,052 88,673 9�,327 94,087 96,917 99,816 �02,&57 105,880 109,041 � 12,359 115.784 119.207 122,735 126,439 � 30,212 134,160 �38,778 ia2,2ss 146,563 150,966 155,507 160.154 � 46,115 45,494 46,802 48,251 49.629 51,149 52,705 54,295 55,886 57,618 59,357 61,719 62.585 sa.s3i 66,810 68,753 70,911 72,924 75,151 77,414 79,746 82,114 84,625 87,064 89,716 92,401 95,793 98,057 100,990 104,067 107,126 110,324 113,687 117,146 720,609 124,179 127,926 131.744 135.739 139.804 ias.sao 148,288 152,742 157,336 162,038 44,954 46,390 47,724 q9,202 50,607 52,157 53,743 55,365 56,987 58,754 60,520 62,323 64,724 66,708 68,126 70,108 72,308 74,361 �s.ssi 78.939 81.318 &3,732 86,292 88.780 91,484 94,222 97,069 99,989 102,980 106,� 18 109,237 112,498 115,927 119,454 122,986 126,626 130,447 134,339 138,413 142,559 ias,ns 151,209 755,75� 160,436 165,23'I 45,734 47,140 48,474 49,952 51,357 52,907 54,493 56,175 57,737 59,504 61,270 63,073 64,874 66,855 68,876 70,858 73,058 75,111 n,ss� 79,689 82.068 84,482 87,042 89,530 92.234 94,972 97.879 700,739 103,730 106,868 109,987 113,248 116,67'I 120,204 123,736 127,376 13�,797 135,089 139,163 143,309 ia�,szs �51,959 �56,501 �61,786 165�987 45,984 47,390 48,724 50,202 5�,607 53,�57 54,743 56,365 57.987 59.754 61,520 63,323 65,124 67,108 69,126 71.108 73.308 75.361 n,ssi 79,939 82,318 84.732 87.292 89.780 92.484 95,222 98,069 100,989 103,980 107,118 110,237 113,498 116,921 720,454 723,986 727,626 137,447 135,339 139,413 � 43,559 ia7,ns �52,209 '156,751 16�,436 766,23'I Mnual salaries are based on 2,080 hours. If a contract work year exceeds 2,080 hours, additional salary will be paid based on the dailylhourly rate of pay. 25 t J' I .- �� i � � A Adoption Leave ........................................... 8 C Chiid Care Leave ........................................ 8 Court Duty Leave ...................................... 18 D Dental Insurance........--•_ •---_ .................... 10 Discipiine........-°-°° ..........................°-°---- 15 F Fair Share Fee ............................................ 2 Flexible Spending Account ........................ 10 Funerai Leave ............................................. 8 G Grievance Procedure ................................ 16 H Health Insurance ......................................... 9 Holidays ...................................................... 6 Hours Work .............................................2 L Legai Services .......................................... .15 L'rfe Insurance ........................................... 10 M Mileage...................................................... i8 N Non-D iscrimination .................................... 18 INDEX 26 O Overtime .......................................•---•--........2 P ParentaUMatemity Leave .............................9 Probationary Period .....................................3 Professionai Growth ....................................6 S Seniority .......................................................4 Severance Pay ...........................................14 Severance Pian .........................................14 SickLeave .......................................•--.........8 Sick Leave Conversion ................................7 Spouse/Dependent Parent Leave ................5 Standard Ranges .......................................25 Step Pragression .........................................5 T Titles and Grades ...-°--- ............................23 V Vacation ......................•----................---.........7 W Wages ... ---- • .................................................5 Work Stoppage ..........................................18 Working Out of Class"rfication ......................4 . • • f ��t�' ��G • a .� Q 2004 - 2006 COLLECTIVE BARGAINING AGREEMENT between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and � THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 July 1, 2004 through June 30, 2006 � � � Saint Paul PUBLIC SCH��LS ��n��z Saint Paul PUBLIC SCHD�LS SAINT PAUL PUBLIC SCHOOLS Independerrt School District No. 625 Board of Education Toni Carter John Brodrick Anne Canoll Tom Conion Kazoua Kong-Thao AI Oertwig Elona Street-Stewart Administration SuperirrtendeM of Schoois Chief Accountabiiity Officer Chief of Staff Area Superintendents Chair Director Director Director Director Director Director Patricia A. Harvey Margo Baines Tanya Martin Pekel Luz Maria Serrano, Area A Louis Kanavati, Area B Joann Knuth, Area C Gene Janicke, Area D Terilyn T�mer, Area E � . • 0 � �,�'° �� • L. I • TABLE OF CONTENTS PAGE .................. IV ...................1 ...................2 ................... 2 ................... 2 ................... 3 ..........4 ..........5 ..........6 ..........7 .......... 8 ..........9 ........10 ........10 ........11 ........15 ........16 ...--°-17 ........18 Article 21. Strikes, Lockouts, Work Interference ......................................................................20 Article 22. Savings Clause ........................................................................................................20 Article23. Jurisdiction ...............................................................................................................21 Article 24. Terms of Agreement ................................................................................................22 AppendixA ..............................................................................................................23 AppendixB ...........................................................��-�----�--�-��---..........:......................24 ARTICLE TffLE Principles ............................................................................................. Article1. Recognition .....................................................•---.................................... Article 2. Maintenance of Standards ..................................................................... Article3. Union Rights ..............................................•-............................----........... Article 4. Payroll Deduction ..---� ............................................................................. Article 5. Management Rights .............................•...................................------........ Article6. Safety ........................°--°--°-..........................---°°°°°--°--°°--°-°°--°°-° Article7. Hours ...................................................................................................... Article8. Seniority .................................................................................................. Article9. Holidays .....................................:................................�--...-�---................. Article10. Vacations--� ............................................................................................. Article11. Sick Leave .............................................................................................. Article 12. Parental/Matemity Leave ....................................................................... Article 13. Court Duty Leave .................................................................................... Article14. Wages ...................................................................�--�--............................ Article15. Insurance ................................................................................................ Article 16. Laborer's Supplemental industrial Pension Plan .................................... Article 17. Severance Pay ....................................................................................... Article 18. Discipline Procedures ............................................................................. Article 19. Grievance Procedure ................�--........................................................... Article 20. Legai Services .........................�--•�---....................................................... ADDITIONAL INFORMATION (Not a Part of Agreement) Memorandum of Agreement Regarding Loss of Drivers License Statement of Intent Regarding Temporary Employees ................ Index............................................................................... .................................. 27 .................................. 29 .................................. 30 � PRINCIPLES This Agreement is entered into to facilitate the adjustment of grievances and disputes between the Employer and empioyees to provide, insofar as possible, for the continuous empioyment of labor and to establish necessary procedures for the amicable adjustment of all disputes which may arise between the Empioyer and the Union. The Empioyer and the Union encourage the highest possible degree of practicai, friendly, cooperative relationships between their respective representatives at all leveis. The officials of the Employer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at ail leveis of responsibility, and that proper attitudes must be based on fuli understanding of and regard for the respective rights and responsibilities of both the Employer and the employees. There shall be no discrimination against any empioyee by reason of race, color, creed, sex or Union membership.. The Employer and the Union affirm their joint opposition to any discriminatory practices in connection with employment, promotion or Vaining, remembering that the public interest remains in full utilization of employees' skill and abiifij withoirt regard to consideration of race, color, creed, national origin, age or sex. � J � • iv � ARTICLE 1. RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive collective bargaining agency for alI employees who have been certified by the State of Minnesota, Case No. 89-PR-2347, as foliows: Ali employees in the class'rfications of: Distribution Service Worker Heavy Equipment Operator Piasterer's Tender School Grounds Crew Leader Schooi Labor Crew Leader School Service Worker Trades Laborer Abolished titles formerly recognized as exclusively represented by the Union: � 'Asphait Raker 'Asphait Shoveler *Building Laborer 'Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader 'Groundsworker Jackhammer Operator Labor Crew Leader MoRar Mixer Sno-Go Operator Stores Laborer Sweeper Operator Tamper 'Tractor Operatorl Tractor Operator II '7ree Trimmer i 'Tree Trimmer II Tree Worker Truck Driver 'Unskilled Laborer who work more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and employees exclus4vely represented by other labor or employee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the ciassifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Labor Relations Act to accomplish said objective. 1.2 The Employer agrees not to enter into any contractually binding agreements with any empioyee or representative not authorized to act on behalf of the Union. There shali be no individual agreements with any employees that conflict with the terms of this Agreement, and any such agreement or contract shall be null and void. • !)4-° 872. ARTICLE 2. MAINTENANCE OF STANDARDS 2.1 The parties agree that ali conditions of employment relating to wages, hours of work, overtime differentiais, vacations, and ail other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the condfions of employment shail be improved wherever spec'rfic provisions for improvement are made elsewhere in this Agreement. ARTICLE 3. UNION RIGHTS 3.1 The Union may designate employees from within the bargaining urtit to act as Stewards and shali inform the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 19 (Grievance Procedure). There shali be no more than one steward from each Iocai invoived in any one spec'rfic grievance. 32 There shail be no deduction of pay from stewards when directiy involved in meetings with management during working hours for grievance procedures. 3.3 Designated union representatives shall be permitted to visit employees on job sites and at department buildings during working time. ARTlCLE 4. PAYROLL DEDUCTION 4.1 The Empioyer shall, upon request of any employee in the unit, deduct such sum as the Union may specify for the purposes of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The Employer shall remit monthiy such deductions to the appropriate designated Union. 42 In accordance with M.S.A. 179_06, Subd. 3; the Employer agrees that upon not'rfication by the Union, the Employer shali deduct a fair share fee from aii cert'rfied employees who are not members of the exciusive representative. The fair share fee must be equai to the regular membership dues as exciusive representative, less the cost of benefits financed through the dues and available oniy to members of the exclusive representative. In no event may the fair share fee exceed 85% of the regular membership dues. 4.3 The Union will indemn'rfy, defend, and hold the Employer harmiess against any ciaims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this Article. The Empioyer will indemnify, defend, and hoid the Union harmiess against any ciaims made and against any suits instduted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or fornrarding deductions under this Articie. �1 �J � u �.)h.� � 7� • ARTICLE 5. MANAGEMENT RIGHTS 5.� The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities. The Employer retains the rights and authority, which the Employer has not officiaily abridged, delegated or mod'rfied by this Agreement. 52 A pubiic empioyer is not required to meet and negotiate on matters of i�herent managerial policy, which inciude, but are not limited to, such areas of discretion or policy as the functions and programs of the employer, its overail budget, utilization of technoiogy, and organizational structure and selection and direction and number of personnel. ARTICLE 6. SAFETY 6.1 Accident and injury-free operations shail be the goal of the Employer and all employees. To this end, the Employer and employee wiil, to the best of their ability, abide by and iive up to the requirements of the several State and Federai Construction Safety Codes and Regulations. 6.2 To this end, the Employer shall from time to time issue rules or notices to his employees regarding on-the-job safety requirements. Any empfoyee violating such rules or notices � shail be subject to disciplinary action. No employee may be discharged tor refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation shall be provided without cost to the employee. At the Employer's option, the empioyees may be required to sign for safety equipment and shail be obiigated to return same upon discharge, layoff, quit or other termination in comparabfe condition as when issued, providing reasonable wear and tear. The Employer shall have the right to withhoid the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $150 over ihe term of this agreement toward the purchase or repair of safety shoes purchased by an employee who is a member of this unit. Preauthorization is required prior to the purchase of safety shoes. Employees must contact the Facility Pianning Office to obtain preauthorization for safety shoes. This contribution to be made by the Employer shall apply only to those employees who are required to wear protective shoes or boots by the Empioyer. . �.J�� ARTICLE 7. HOURS � �.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)- minute lunch period. The normal work week shail be five (5) consecutive normal workdays in any seven (7)- day period. (For empioyees on a shift basis this shali be construed to mean an average of forty [40] hours a week.) 72 Except in cases of emergencies, the Employer shali notify the affected Union of an intention to change a shift at least twenty-four (24) hours prior to the beginning of the new shift. 7.3 Employees shali report to work Ixation as assigned by a designated Employer supervisor. During the normal workday, employees may be assigned to other work locations af the discretion ot the Employer. 7.4 Caii-In Pav. When an employee is called to work, he/she shall receive two (2) hours of pay 'rf not pui to work. If he/she is called to work and commences work, helshe shall be guaranteed four (4) straight-time hours of pay. 7.5 Overtime. Time on the payroii in excess of the normal hours set forth above shall be "overtime worfc" and shall be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normai hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shali be paid shail be determined soleiy bythe Employer. The time-and-one-half overtime rate shall be � based on the total rate, including any premium pay, being eamed during the overtime hours worked. 7.6 The work break shall not exceed frfteen (15) mirtutes from ihe time the employee stops working untii he/she resumes work, and shail be taken in close proximity of the employee's workstation. 7.6.1 An employee shall be allowed one fifteen (15) minute rest break during each four (4)-hour period worked during the employee's normal workday. Any employee required to remain at work following the completion of an eight (8)-hour workday shall be ailowed a frfteen (15) minute break at approximately two (2) hours after the end of his/her normal workday, and after the completion of every four (4) hours of work thereafter. � 0 ��v �� • ARTICLE 8. SENIORITY 8.1 Seniority, for the purpose of this Agreement, shall be defined as follows: 8.1.1 DistricUCiN Senioritv. The length of continuous regular and probationary service with the Employer from the Iast date of employment in any and ali class titles. 8.�.2 Class Senioritv. The length of continuous regular and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by this Agreement, it being further understood that class seniority is confined to the current class assignment held by an employee. 82 Seniority shall terminate when an employee retires, resigns or is discharged. 8.2.1 In the event the Employer determines that it is necessary to reduce the workforce, employees will be laid off by class title within each division based on inverse length of °Class Seniority ° Recall from layoff shaii be in inverse order of layoff, except that recall rights shail expire after two (2) years of layoff. 822 In cases where ihere are promotional series such as Unskilled Laborer, Crew Leader, etc., when the number of empioyees in these higher tities is to be reduced, employees who have held lower tities which are in this bargaining unit wiii be offered reductions to the highest of these titles to which cfass seniority would keep them from being laid off, before layoffs are made by any class tftle in any department. � 8.2.3 It is further understood that a laid-off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said employee has been previously certified and appointed in said lower-paid class titie. In such cases, the employee shall first be piaced on a reinstatement register and shall have `Cfass Seniority' based on the date originally certified and appointed to said ciass. Employees may aiso appiy for positions in a lower class but may, nevertheless, retum to original class as provided in 822 above. 82.4 When the new titie, Schooi Service Worker is established, incumbents who become certified in the new tftle shall aiso retain the seniority acquired in the old title the employer held in this unit, and can exercise that seniority in a layoff or reduction situation. 82.5 If a School Service Worker is laid off, helshe may fili a temporary position in the titie Trades Laborer or repiace an existing temporary empioyee serving in that title. 8.3 To the extent possible, vacation periods shall be assigned on the basis of "Class Seniority,° within each class, by division. It is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 8.4 Promotions shall be handled in accordance with current Civil Service Rules and practices. • ��a �72 ARTICLE 9. HOLiDAYS s 9.1 Holidavs Recoqnized and Observed. The following nine (9) days shall be designated as holidays: New Years Day Martin Luther King Jr. Day Presidents' Day Memorial Day independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christrnas Day Eligible empioyees shall receive pay for each of the holidays listed above, on which they perform no work. W henever New Yeai's Day, Independence Day or Christmas Day shall fall on Saturday, the preceding Friday shail be observed as the holiday. W henever any of these three holidays falis on Sunday, the following Monday shali be observed as the holiday. 92 EliqibiliN Requirements. To be eligible for holiday pay, employees must have been compensated for ali scheduled hours of their last scheduled workday before the holiday or for work on the holiday. 9.3 If Presidents' Day or Martin Luther King Jr. Day falls on a day when schooi is in session, the employees shall work that day at straight time and another day shall be designated • as the holiday. This designated holiday shali be determined by agreement between the empioyee and the supervisor. 9.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or °called back" in accordance with Articie 7.4 (Cali-In Pay). • ��° ��7z • � • ARTICLE 10. VACATIONS 10.1 Vacation credits shail accumulate at the rates shown beiow for each full hour on the payroll, excluding overtime. Hours of Vacation Annual Annual Eamed Per Hour on Hours Days Years of Service Pavroll Eamed Eamed First year through 4th year After the 4th year through 9th year After 9 years through 15'" year After 15 years through 25 year After 26 Years and thereafter 102 10.3 .0500 104 13 .0692 144 18 .0769 160 20 .'1000 208 26 .1115 232 29 Calculations are based on a 2,080-hour work year and shali be rounded off to the nearest hour. Years of service will be defined to mean the number of years since the date oS appointment. An employee may carry over one hundred sixty (160) hours of vacation into the following "vacation year." For the purpose of this Article, the "vacation year" shali be the calendar year. Scheduling of vacation is subject to approval of the employee's supervisor. 10.4 Sick Leave Conversion. If an employee has an accumulation ot sick leave credits in excess of 1,440 hours, the empioyee may convert any part of such excess at the rate of two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5) regularly-assigned workdays of vacation (not to exceed a total of forty [40] hours in any year). 10.5 The maximum number of vacation days allowed by the conversion of sick leave credits shall be no more than five (5) days in any one (1) year so that the maximum vacation time which may be taken in any one (1) year shall be forty (40) days including the regular vacation period, and time carried over. 7 ��" �� ARTICLE 11. SICK LEAVE 11.1 Sick leave shatf accumuiate at tfie rate of .0576 of a working hour for each fu(! hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his/her supervisor no later than one-haif (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shail be subjeci to provision of veritication when required by the supervisor. 112 Soec'rfied Ailowable Uses of Sick Leave 112.1 Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the empioyee, death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of the househoid, and may be granted ieave with pay for such time as is actually necessary for office visits to a doctor, dentists, optometrist, etc., or in the case of sudden sickness or disability of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave for any one instance, to a maximum of twenty-four (24) hours in any one calendar year, 112.2 Sick leave for sick childcare shait be granted on the same tertns as the employee is able to use sick leave for the employee's own illness. This leave shalt only be granted pursuant to Minnesota Statute § 18i.9413 and shatl remain available so long as provided in statute. 112.3 One (1) day of accumulated sick leave credit may be used by the empioyee in the event of the death of the employee's grandparent or grandchild, aunt, uncle, sister-in-law, or brother-in-law. 11.2.4 Spouse/Dependent Parent Leave. Up to five (5) days of accumulated sick leave may be used in a work year to aliow the empioyee to care for and attend to the serious or criticai ilfness of his{her spouse or dependent parenf. These days when used are deductibie from sick leave. 11.2.5 Adoption Leave. Up to fifteen (15) days of accumulated sick Ieave may be used in a contract year to attend to adoption procedures or care for a newly adopted child or for the father of a newbom child. Use of these fifteen (15) days does not need to occur consecutively. The fifteen (15) days of sick leave for fathers of newboms must be used within six (6) weeks surrounding the birth of the chiid. For adoption the fifteen (15) days of sick leave may be used for adoption processes or up to six (6) weeks foitowing the adoption. 112.6 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] hours in any year). 112.7 Medical ver'rfication wili be defined to mean, °A writ[en note issued from a qual'rfied treating medical provider during the period the employee was absent trom work." The medical veritication will be provided to the employer bsfore he/she returns to work. • � \J 1��.� �� • � ARTIC�E 11. SICK LEAVE (continued) 11.3 11.4 112.8 When the empioyer puts a person on the medical verification requirement; they will first meet with the empioyee to discuss the requirement. The employee and the union will receive a copy of the letter requiring medical verification and the letter removing the requirement. Absence While on Sick Leave With Pav � �.3.1 During any period in which an employee is absent from work on sick ieave with pay, the employee shall noi be employed or engaged in any occupation for compensation outside of his/her regular employment with independent School District No. 625. Violation of the provision of this paragraph by any empioyee shali be grounds for suspension or discharge. Sick ieave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three (3) years. ARTICLE 12. PARENTAL/MATERNITY/FMLA LEAVE 12.1 Parental/Maternitv Leave 12.1.1 Parental leave is a leave without pay or benefits which shall be granted upon request subject to the provisions of this Section. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or children of the employee for an extended period of time immediately following adoption or the conclusion of pregnancy; such period of Ieave shail be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Employer. 12.12 In the case of pregnancy, an employee who wishes to use a period of (paid) eamed sick leave at the time of pregnancy and delivery-related disabiiity, may request unpaid parental leave for a period following the use of earned sick leave; however, sick leave time shall not be granted wfthin (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shall submit an application in writing to the Director of Human Resources of Independent Schooi District No. 625 not later than twelve (12) weeks in advance of the anticipated date of delivery. The empioyee wiil be required to submit, at the time ofi use, appropriate medical ver'rfication for the sick leave time claimed. 12.1.3 In the case of adoption, the employee shall submit to the Director of Human Resources of independent School District No. 625 a written application including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation wiil be required. • r1��a �72 ARTICLE 12. PARENTAVMATERNITY/FMLA LEAVE (continued) 12.1.4 When an employee is returning from parental feave extending over a period of six (6) calendar months or less, the employee shall be piaced, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave or, 'rf necessary, in an equivalent position. 12.1.5 When an empioyee has requested and been granted leave for a period longer than six (6) calendar months, but no more than tweive (12) calendar months, the emptoyee wiil be placed in an equivalent position after the scheduled date of retum as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no certified incumbent, which is to be filled, and for which no other person has rights. 122 Familv Medical Leave. Effective February 1, 1994, leaves of absence shali be granted as required under the federal law known as the Family and Medical Leave Act (FMIA) so long as it remains in force. The Human Resource Department provides procedures which coordinate contractual provisioris with FMLA. ARTICLE 13. COURT DUTY LEAVE Subd. 1. Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitled to leave with pay for that purpose provided that the employee is not a party in the case, and provided that the case is not the result of litigation undertaken by the empioyee or the union against the District. in cases where the Board is a party in the Iitigation, the empioyee shall be entitied to pay while attending as a witness at the request of the Board or as a co-defendant in the case. Subd. 2. Required Jurv DuN. Any employee who is required to serve as a juror shall be granted leave with pay while serving on jury duty contingent upon the employee paying to the Board any fees received, minus travel allowance, for such jury service. The employee may seek to be excused from jury duty. ARTICLE 14. WAGES 14.1 14.2 The basic houriy wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular, and probationary employees. The basic houriy wage rates as established by Appendix B shall be paid for aii hours worked by temporary employees. 14.3 When an employee who is cert'rfied to more than one title in this unit is working in a higher paid titie and is using sick leave, vacation time, or a holiday, his/her eligibiiity for pay at tfie higher rate sfiaf( be determined by apply(ng the fioiiday pay etigibitity requirements, as spec'rfied in Article 9, Section 9.2. If those requirements are not met, the sick leave, vacation, or holiday pay shail be at the lower rate. � � • 10 �� C7�� • ARTICLE 15. INSURANCE SECTION 1. ACTIVE EMPLOYEE HEALTH INSURANCE 1.1 The insurance plans, premiums for coverages and benefits contained in the insurance pians offered by ihe Employer shall be solely controlled by the contracts negotiated by the Empioyer and the benefit providers. The Empioyer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in the benefits which a specific provider implements. IRS rules and regulations shaii govem the Empioyer provided heatth and weffare benefit program. 1.2 Eliqibilitv Waftina Period. One (1) full month of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for health and lite insurance provided herein. 1.3 Full-Time Status. For the purpose of this Article, fuli-time employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.4 Half-Time Status. For the purpose of this Article, half-time employment is defined as appearing on the payroil at least twenty (20) hours but less than thirty-two (32) hours per week or at leasi forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. An employee will be considered haif time only if such empioyee is assigned to a position which is regularly assigned half-time hours. � 1.5 Emolover Contribution Amount--Full-Time Emolovees. Effective July 1, 2004, for each eligible empioyee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $345 per month, whichever is less. For each eiigible full-time employee who selects family coverage, the Employer wiii contribute the cost of such family coverage or $575 per montfi, whichever is less. 1.5.1 Effective January 1, 2005, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $390 per month, whichever is less. For each eligible full-time employee who selects famiiy coverage, the Empioyer will contribute the cost of such farnily coverage or $665 per month, whichever is less. 1.5.2 Effective January 1, 2006, for each eligible employee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Empioyer agrees to contribute the cost of such coverage or $430 per month, whichever is less. For each eligible fuli-time employee who selects famity coverage, the Employer wiiV contribute the cost of such famify coverage or $740 per month, whichever is less. • 11 �� D � � ARTICLE 15. INSURANCE, Section 1. (continued) 1.6 Dental Insurance. Effective January 1, 2005, the Employer will contribute for each eligible regular employee covered by this Agreement who is empioyed full-time toward participation in a dental care plan offered by the Empioyer up to $35 per month for single coverage. Employees who wish to enroll in family dental coverage may pay the difference between the cost of family coverage and the District contribution of $35. 1.6.1 Effective January 1, 2006, the Empioyer wili contribute for each eligible employee covered by this Agreement who is employed full-time toward participation in a dentai care plan offered by the Employer up to $40 per month for single coverage. Empioyees who wish to enroll in family dental coverage may pay the difference between the cost of family coverage and the District contribution of $40. 1.7 Emplover Contribution Amount--Half-Time Emplovees. For each eligible employee covered by this Agreement who is employed haif time, the Empioyer agrees to contribute fifry percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each half-time employee who selects family insurance coverage, the Employer will contribute f'rfty percent (50%) of fhe amount contribufed for full-time employees selecting family coverage in the same insurance plan. u 1.8 Regular employees actively enrolied in the medical and/or life insurance plans who routinely become laid off during the winter months shall receive up to four (4) months of District contribution towards the medicai and /or life insurance premiums during the lay- off period. 1.9 Life Insurance. For each eligible empioyee, the Empioyer shall provide $50,000 life � insurance coverage. This amount shali drop to $5,000 of coverage'in the event of early retirement untii the eiigible retiree reaches age 65; then all Employer coverage shall terminate. 1.10 Lona-Term Disabilitv Insurance. Effec6ve January 1, 2003, the Employer shall provide long-term disability coverage for all regular status employees. 1.11 Flexible Snendinq Account_ It is the intent of the Employer to maintain during the term of this Agreement a plan for medical and chiid care expense accounts to be availabie to employees in this bargaining unit who are eligible for Employer-paid premium contribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. 1.12 The contributions indicated in this Article 15 shati be paid to the Empioye�'s group heaith and welfare plan. 1.13 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the doliar amounts stated in this Article 15 shall be paid by the empioyee through payroll deduction. Employees ort winter layoff who are rece+ving District contributions described in 1.7 above shali pay any excess premium costs directly to the designated third party administrator for the District. Failure to make such timely payments will result in loss of coverage retroactive to the iast date of premium paid by the employee. Reinstatement of coverage wiil not be permitted during the period of layoff. • 12 n ��t�. a �� 6.� • � u ARTICLE 15. INSURANCE (continued) SECTION 2. RETIREMENT BENEFITS Subd. 1. Benefit E�igibility For Employees Who Retire Before Age 65 1.1 Employees hired into District service before January 1, 1996, must have completed the following service eligibility requirements with Independent School District No. 625 prior to retirement in order to be eligibie for any payment of any insurance premium contribution by the District after retirement: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public empfoyee retiree program at the time of retirement and have severed the employment relationship with Independent School District 625; B. C. D. E. 12 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 iheir years of service must equai eighty-five (85) or more, or, Must have completed at least thirty (30) years ot service, or; Must have compieted at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. Employees hired into District service after January 1, 1996, must have completed twenty (20) years of service with Independent Schooi District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. Eliqibilitv Requirements For All Retirees A. A retiree may not carry his/her spouse as a dependent 'rf such spouse is also an Independent Schooi District No. 625 retiree or Independent School District No. 625 empioyee and eligible for and is enrolled in the independent Schoof District 130. 625 health insurance program, or in any other Empioyer-paid health insurance program. L� C. � Additional dependents beyond those designated to the District at the time of retirement may not be added at Districi expense atter retirement. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. Employees terminated for cause will �ot be eligibie for employer contributions toward insurance premiums for either pre-age 65 or post-age 65 coverage. 13 ��2'� ARTICLE 15. INSURANCE, Section 2. (continued) Subd. 2. Empiover Contribution Levels For Emplovees Retirinq Before Aqe 65 2.1 22 Health Insurance Emolover Contribution Employees who meet the requirements in Subd. 7.1 or Subd. 12 of this Article wili receive a District contributio� toward heatth insurance unti! the employee reaches sixty- five (65) years of age as defined in this subdivision. 2.1.7 The District contribution toward heafth insurance premiums wiil equal the same dollar amount the District contributed for single or family coverage to the carzier in the employee's last month of active employment. 2.1.2 In the event the District changes health insurance carriers, it will have no impact on the District contribution for such coverage. 2.'I.3 Any employee who is receiving family coverage premium contribution at date of retirement and later changes to singie coverage will receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. Life insurance Emolover Contribution The District will provide for eariy retirees who qualify under the conditions of 1.1 or 12 above, premium eontributions for eligibie retirees for $5,000 of life insurance only until their 65th birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. Subd. 3. Benefit Eliqibilitv For Emplovees After Aqe 65 3.1 Empiovees hired into the District before Januarv 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer premium contributions for health insurance described in Subd. 4 of this Article. 3.2 Emplovees hired into tfie District before Januarv 1. 1996, who refire at age 65 or ofder must have compieted the eligibility requirements in Subd. 1 above or the following eligibil'ity requirements to receive District contribufions toward post-age-65 health insurance premiums: A. Empioyees hired before May 1, 1992, must have completed at least ten (10) years of continuous employment with the District. For such employees or eariy retirees who have not completed at least ten (10) years of service with the District at the time of their retirement, the Empioyer will discontinue providing any heafth insurance contributions upon their retiremenf or, in the case of earty retirees, upon their reaching age 65. B. Employees hired on or after May 7, 1992 and prior to January 1, 1996, must have completed twenty {20) years of continuous employment with the District. For such empioyees or early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer wiil discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. Years of certified civii service time with the City of Saint Paul eamed prior to May 1, 1996, wiil continue to be counted toward meeting the DistricYs service requirement of this Subd. 3. Civil service time worked with City of Saint Paul after January 1, 1996, will be considered a break in District empioyment. • � � 14 j°'r° r3c� • ARTICLE 15. INSURANCE, Section 2. (continued) 3.3 Emplovees hired on or after Januarv 1. 1996, shall not have or acquire in any way any eligibil'ity for Employer-paid health insurance premium contribution for coverage in retirement at age siuty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, sha11 be efigible for only early retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4 . Empiover Contribution Levels For Retirees After Aae 65 4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility requirements in Subdivisions 3.1 or 32 of this Article are eligible for premium contributions for a Medicare Suppiement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Twe Medicare Eligible Non-Medicare Eligible Sinqle $300 per month $400 per month Famiiv $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 fuli by the retiree, or coverage will be discontinued. Subd. 5. Empiovees hired after Januarv 1, 1996, after completion of three (3) fuli years of � consecutive active service in Independent School District No. 625, are eligible to paRicipate in an employer matched Minnesota Deferred Compensation Plan or District-approved 403(b) plan. Upon reaching eligibility, the District wili match up to $50 per paycheck up to a maximum of $500 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. PaR- time employees working half-time or more will be eligible for up to one half (50 percent) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) fuli years of consecutive active service, and shali not be considered a break in service. Time worked in the City of Saint Paui will not be counted toward this three (3)-year requirement. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan or District-approved 403(b) shail appiy. The employee, not the District, is solely responsible for determining his/her total maximum allowabfe annuaf contribution amount under iRS regulations. The employee must initiate an appiication to participate through the DistricYs spec'rfied procedures. ART{CLE 16. LABORER'S NATIONAL INDUS7RlAL PENSION PIAN 16.1 Effective June 26, 2004, the Employer wili pay $.35 per hour for ali hours on the payroll to the Laborer's National Industrial Pension Fund. 16.1.1 Effective June 25, 2005, the Employer will pay $.45 per hour for all hours on the payroli to the LaborePs National Industrial Pension Fund. • 15 y�' �� . .c. ARTICLE 17. SEVERANCE PAY 17.1 7he Empioyer shall provide a severance pay program as set forth in this Article. Payment ot severance pay sha!! be made within the tax year ot the retiremenf as described in Business Office Rules. 172 To be eligible for the 403(b) tax-deferred retirement program for sheltering severance pay and vacation pay, an employee must meet the following requirements: t7.2.1 Tfie employee must be fifty-five (55) years of age or oider or musf be eligibte for pension under the "Rule of 90" provisions of the Public Empioyees Retirement Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 772.2 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other discipiinary reason are not eligibie for this severance pay program. r1 L_J 17.3 tf an employee not'rfies the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and "rf the employee meets the eligibility requirements set forth in 172 above, he or she will receive a District contribution to the School District No, 625 403(b} Tax-Deferred Retirement Plan for Sheltering Severance Pay artd Vacation Pay in an amount equat to $9Q for each day of accrued, unused sick leave, up to � 66.67 days. 17.3.1 If an employee nofrfies the Human Resource Departrnent in less than three (3) � months in advance of the date of retirement and requests severance pay and 'rf the employee meets the eligibility requirement set forth above, he or she will receive a District contribution to the School District No. 625 403(b) Tax- Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $65 pay for each day of accrued, unused sick leave up to 231 days. 77.3.2 If exigent circumstartces exist, such as a sudden iliness�njury of the employee or immediate family member necessitating immediate retirement, and "rf the empioyee meets the eligibility requirements set forth above, he or she will receive a District contribution to the School District No. 625 403(b) Tax- Deferred Retirement Plan for Shettering Severance Pay and Vacation Pay in an amount equal to $90 pay for each day of accrued, unused sick leave up to 166.67 days. 17.4 The maximum amount ot money that any employee may obtain through this 403(b) Tax- Deferred Retirement Pian for Sheltering Severance Pay and Vacation Pay is $15,000. 17.5 For the purpose oi this 403(b) Tax-Deferred Retirement Plan for Sheftering Severance Pay and Vacation Pay, a death of an employee shali be considered as separation of employment and, rf the employee would have met ail of the requirements set forth above at the time of his or her death, contributions to the 403(b) Tax-Deferred Retirement Pian for Shettering Severance Pay and Vacation Pay shall be made to the employee's estate. 17.6 For the purpose of this 403(b) Tax-Deferred Retirement Plan for SheRering Severance Pay and Vacation Pay, a transfer from Independent Schooi District No. 625 employment • to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligibie for this pian. 16 � (• :w t. f__Y �J � h� � • ARTICLE 18. DISCIPLINE PROCEDURES 18.1 The Empfoyer will discipline employees for just cause only. Discipline will be in the form of: a) Oral reprimand; b) Written reprimand; c) Suspension; d) Reduction; e) Discharge. 182 Suspensions, reductions, and discharges will be in written form. 18.3 A notice in writing of suspensions, reductions, and discharges shall be sent to the employee and the Union wfthin seventy-two (72) hours after such action is taken. 18.4 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor shall then provide written notice of the charges to the empfoyee and offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be 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 will be given the opportunity to respond in writing. 18.5 Grievances relating to this Article may be processed in accordance with the grievance � procedure under Article 19, or under Civil Service grievance procedures, but not both. Oral reprimands shall not be grievable. 18.6. Employees who are unabie to report for their normal workday have the responsibility to not'rfy their supervisor of such absence as soon as possible, but in no event later than one-half (1/2) hour before the beginning of such workday. 18.7 Failure to make such notification may be grounds for discipline. � 17 l �`� � �� ARTICLE 19. GRIEVANCE PROCEDURE • 19.1 The Empioyer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shail notify the Employer in writing of the names of the stewards and of their successors when so named. 19.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accompiished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the sfeward and the empioyee have not�ed and received the approvai of their supervisor(s) to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 19.3 The procedure estabiished by this Article shall be the sole and exclusive procedure, except for the appeal of discipiinary action as provided by Article 18, for the processing of grievances, which are defined as an aileged violation of the terms and conditions of this Agreement. 19.4 Grievances shali be resolved in conformance with the foliowing procedure: Steo 1. Upon the occurrence of an alleged vio(ation of this Agreement, the employee involved shall attempt to resoive the matter on an informai basis with the empioyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and � referred to Step 2 by the Union. The written grievance shali set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any aileged violation of the Agreement not reduced to writing by the Union within ten (10) calendar days of fhe first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonable diiigence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2. Within ten (10) calendar days after receiving the written grievance, a designated Empioyer supervisor shali meet with the Union steward and attempt to resoive the grievance. If, as a resuft of this meeting, the grievance remains unresoived, the Empioyer shall reply in writing to the Union within five (5) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 uvithin ten (10) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Empioyer's answer shall be considered waived. � 18 04�- �72 • ARTICLE 19. GRIEVANCE PROCEDURE (continued) Step 3. Within ten (10) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet wfth the Union Business Manager or designated representative and attempt to resolve the grievance. Wfthin ten (�0) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within ten (1Q) calendar days following receipt of the Employer's answer shall be considered waived. Step 4• if the grievance remains unresolved, the Union may within ten (10) calendar days after the response of the Empioyer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutuai agreement of the Employer and the Union within ten (10) calendar days after notice has been given. If the parties faii to mutuaily agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panei of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1 st) name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 19.5 The arbitrator shail have no right to amend, modify, nuilify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the � specific issue submitted in writing 6y the Employer a�d the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shali be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules or regulations having the force and effeci of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shail be based solely on the arbitratoPs interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 19.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaily by the Empioyer and the Union, provided that each party shall be responsible for compensating its own representatives and wftnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. t9.7 The time limits in each step of this procedure may be extended by mutuai agreement of the Empioyer and the Union. 19.8 it is understood by the Union and the Employer that 'rf an issue is determined by this grievance procedure, it shall not again be submitted for arbitration under other procedures. If an issue is determined by the provisions of other procedures, ft shali not again be submitted for arbitration under this grievance procedure. • � 19 � � ' � �ARTICLE 20. LEGAL SERVICES 20.1 Except in cases of malfeasance in office or wiilful or wanton neglect of duty, the Empioyer shall defend, save harmless, and indemnify an employee and/or his estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the empioyee's duties. 202 Notwithstanding 20.1, the Employer shali not be responsibie for paying any legal service fee or for providing any legai service arising from any iegal action where the employee is the plaintiff. ARTICLE 21. STRIKES, LOCKOUTS, WORK INTERFERENCE 21.1 The Unions and the Employers agree that there shall be no sfikes, work stoppages, slow-downs, sit-down, stay-in or o#her concerted interterence with the EmployePs business or affairs by any of said Unions and/or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peaceful settlement of any controversy which may arise. ARTICLE 22. SAVINGS CLAUSE 22.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall be heid contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeai has been taken within the time provided, such provision shail be voided. All other provisions shali continue in full force and effect. � J � • 20 �� • ARTICLE 23. JURISDICTION , 23.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Empioyer. 23.2 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shali meet as soon as mutualiy possible to resolve ihe dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrici the Employer's basic right to assign work. 23.3 Any empioyee refusing to pertorm work assigned by the Employer shail be subject to disciplinary action as provided in Article 18 (Disciplinary Procedures). 23.4 There shail be no work stoppage, slow down or any disruption of work resulting from a work assignment. 23.5 The subconiracting of work done by the empioyees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with St. Paul Adminisirative Code Section 82.07, Minimum Wages on Pubiic Contracts. • • 21 ?� �. --� � 7 � ARTICLE 24. TERMS OF AGREEMENT 24.1 The Employer and the U�ion acknowledge that during the meeting and negotiating which resuited in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and completely set forth in this Agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regarding the terms and conditions of employment to the extent they are inconsistent with this Agreement are hereby superseded. In those areas where Civil Service Rules are not inconsistent with this Agreement, the Civil Service Rules shall continue to be in effect. 24.2 Except as herein provided, this Agreement shali be effective as of the date it is executed by the parties and sha(I continue in fufl force and effecf fhrough June 30, 2006, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this Agreement shatl notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 24.3 This constitutes a tentative agreement between the parties which wifi be recommended by the Board of Education negotiator but is subjeci to the approval of the Board of Education of Independent School District No..625 and is also subject to ratification by the Unions. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 SAINT PAUL PUBLIC SCHOOLS Chai�of EducL�va4o �t G�«-�,, � . �� Negotiat�4ins/�mploy�e R ations Manager 0 Negotiations/Em ee Re ations Assistant Manager Date � 2 � _�� TRI-COUNCIL: OPERATING ENGINEERS LOCAL NO. 49 GENERAL DRIVERS LOCAL NO. 120 Lg�89RERS LO� L NO. 13G � �� O � �cL7 �1C Business Representafive, Locaf No. 49 usiness M nag , Local No, 49 - �%� � � ��L"yU Business Representative, Local No.120 � v � ,—✓ �� Business Agent, Loc'al No. 132 Business Man�er, Local No, 132 �-%S Date 22 • � � 0 �°�� L J � • APPENDIX A HOURLY WAGE RATES The hourly wage rates for provisional, regular and probationary empioyees working in the classes listed below are as shown. These rates are effective June 26, 2004. School Service Worker SchoolGrounds Crew Leader School Labor Crew Leader Heavy Equipment Operator Plasterers Tender PREMIUM PAY PROVISIONS Base Hourlv Rate $19.89 $21.97 $21.97 $22J4 $22.74 Effective June 26, 2004, the following premium pay provisions shall apply: Hourly Rate After 15 Years $20.19 $22.27 $22.27 $23.04 $23.04 Premium Pav A. Premium pay of forty cents (40�) per hour shall be paid above the regular base rate for each hour or any part over one-fourth (1!4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a chain saw, chipping hammer or jackhammer. 2. Work eight (8) feet or lower beneath ground. 3. Operation of a mortar mixer. 4. Driving tandem trucks. 5. Operation of a powertamper. 6. Work on the asphalt crew (except Asphait Raker). 7. Operation of a hedge trimmer. Premium Pav B. Premium pay of sixty-five cents (65¢) per hour shail be paid above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an employee in this bargaining unit: 1. Operation of a tractor with power take-off over 50 horsepower which is used for grass cutting. 2. Operation of any of the equipment covered by the abolished class title, 'Asphalt Raker. 3. Pertorming the duties of a Piasterer Helper or of a Tender for a Brickiayer, Blockiayer or Plasterer. 4. Hoiding a license to apply or use regulated pesticides and chemical treatments and assigned to per�orm wosk involving the application of such regulated substances (the term "regulated" as used here, refers to substances whose use and application requires the license noted herein). 5. Swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. Ali standard safety laws shail be complied with. ' This title abolished except as to present incumbents. 23 � � — ,�P,PE�IDIX B 1 TEMPORARY EMPLOYEE RATES 1. The houriy rates for temporary employees working in the ciasses listed beiow are as shown: Effective Effective Effective 6/26/04 4/30/05 4/29/06 School Service Worker $25.58 * * Masonry Tender $25.58 * * Trades Laborer $25.58 * * • For temporary employees working in the tities listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe Benefft Fund: Effective Effective Effective 6/26/04 4/30/OS 4/29/06 Health and Welfare $4.20 * * Pension $3.60 * * Vacation $1.50 * * (Taxabie Contribution) � Training $ 26 * * 2. The hourly wage rates for temporary employees working the class listed beiow are as shown: Effective Effective Effective 6/26/04 4/30/05 4/29/06 Heavy Equipment $27.57 * * Operator For temporary employees working in the title Iisted in (2.) above the foilowing fringe benefit contributions shall be made to the Funds designated by IUOE, Local 49: Effective Effective Effective 6/26/04 4/30/05 4/29/06 Health and Weffare $4.80 * * Pension $5.30 * * Apprentice Training $ 25 * * � The Employer agrees to contribute 100% of the wages and benefits per the Minnesota Labore�'s Agreement and the Local 49 AGC Builders Agreement, effective April 30, 2005 and April 29, 2006. • 24 �� ?, ��l �;� � � ~ -; t.i � � • APPENDIX B (crontinued) 3. Regular employees who are laid off and then cailed back to work on a temporary basis shaii receive the regular rate of pay as shown in Appendix A for such titles worked and shall continue to earn and accrue Employer benefits fior such hours worked. 4. For temporary employees working in titles listed in this Appendix B whose Iength of service and earnings require that they be subject to Pubiic Empioyees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix B for such title divided by one (1) plus the Employer PERA rate (currently .0553). 5. If the unions elect to have the fringe benefit contributions listed in this Appendix B increased or decreased, the Employer may adjust the applicabie hourly pay rates and contribution amounts accordingly. . 6. Laborers employed by the Employer on a temporary basis will be paid on the rates indicated in (Appendix B1 above). • 25 ��- �� ADDITIONAL INFORMATION (Not a Part of the Aareement) Memorandum of Agreement Regarding Loss of Drivers License Statement of Intent Regarding Temporary Employees • u • 26 � � � �� .�� . Memorandum of Agreement Regarding Loss of Drivers License This Memorandum of Understanding is by and betv✓een the Board of Education of Independent Schooi District No. 625, Saint Paui Pubiic Schools, and the Tri-Council, Local 49, Locai 120 and Locai 132. The purpose of this Memorandum is to establish a process that would occur in the event an employee who is required to hold a Commercial Drnrers License (CDL) as a qualrfication for the job they hold has that license suspended, revoked or cancelied, and to establish un'rforrniry in addressing such a situation. This memorandum will also establish a timeframe for current employees who are required to hoid a CDL but who currently do not possess such a license to fulfiii the requirement. The parties agree to the following ftems. These items appiy to situations that occur after rat'rfication of the 2000-2002 labor agreement, unless specifically stated otherwise: 1. if an empioyee loses driving privileges and possession of a license that is required for the employee's job, the responsibility for regaining the license is the empioyee's and not the DistricYs. 2. It is the employee's responsibility to immediately notify their supervisor in writing of the Ioss of driving privileges. if an employee fails to notify their supervisor, they will be subject to disciplinary action. if an employee drives a School District vehicle without a valid driver's license, they will be subject to immediate termination from Schooi District employment. 3. The employee must, at the employee's expense and on personal time, resolve the issue with � the District Court or Department of Public Safety. 4. When an employee loses his/her license for the first time as a school district employee, the School District, upon being made aware of the loss of an employee's license, shall provide the employee with a work assignment that does not require a license for a period not to exceed ninety (90) calendar days. The ninety (90) calendar day period shall begin as of the date on which the State cancels, suspends or revokes the employee's license. If, after the ninety (90) calendar days, the employee has not regained possession of a vaiid driver's license that meets the minimum requirements of the position the employee hoids, the empioyee wiil be granted a feave without pay for a period not to exceed eighteen (18) calendar months. if the empioyee is unabie to regain possession of a valid, required license by the end of the leave, the empioyee will be terminated from employment. � 5. When an employee loses his/her license for the second time as a school district employee, regardless of the date the first loss of iicense occurred, the School District, upon being made aware of the loss of an empioyee's license, shall grant the employee a leave of absence without pay for a period not to exceed two (2) calendar years. If the employee is unable to regain possession of a valid, required license by the end of two (2) calendar years, the empioyee wiil be terminated from employment. 6. If an employee loses and regains his/her license while on lay off and no accommodation is made, that loss of license will not count in regard to Number 4 or Number 5 above. 7. Extensions of leaves of absence may only be granted at the discretion of the School District for reasons beyond the employee's control. The reasons shall be limited to delays caused by State administrative procedures or the court system. 27 � ?G (��,-�� 8. Volunfary reduction to a position in a lower classification with minimum qualifications not requiring a driver's license is at managemenYs discretion; however, any accommodation provided shall not cause the displacement of another employee, regardless of seniority. 9. Employees hired prior to ratification of the 2000-2002 labor agreement who hold a position requiring a Commercial Drivers License and who lost or failed to renew their Commercial Drivers License must gainlrenew their license by November 1, 2002, or their empfoyment with the School District will be terminated from employment. Duration This Memorandum of Agreement shall be effective upon signing, and shall remain in effect for the duration of this agreement; ii is subject to renewal, termination or amendment by the par[ies. INDEPENDENT SCHOOL DISTRICT NO. 625 SAWT PAUL PUBUC SCHOOLS THE TRI-COUNClL LOCAL 49, LOCAL 120, AND LOCAL 132 , ` �� Chair, Boar of Education Business Representative, Local No. 49 �i� � /G7i � / a � w'�q� Negotiations/Lmployee Rela�ons av�t nager Negotiations/Em ee Reiations Assistant Manager s �� f ''`°"` 4. Business Man r, Local No. 49 i��Yv< <��d l Business Representative, �ocal No_ 120 � - ZO-D � Date �`��- .�>� Business Agent, Local No. 132 28 r 1 LJ � � �-i�-oy Date � • u � � }� `s � c-> `� Statement of Intent _ � �-' - � Regarding Temporary Employees The Schooi District will obtain at least f'rfry (50%) percent of its temporary employees from the union hali as iong as employees are available and meet district qual'rfications. 29 �: ; �� A Adoption Leave ........................................... 8 B Breaks.................................................�-----..4 C Cail -In Pay ...................................................4 D Discipline Procedures ................................17 F Fair Share Fee ............................................2 Flexible Spending Account ........................12 G Grievance Procedure ................................18 H Holidays .........................°---° ° °--................. 6 Hours..... ...................................................... 4 / I ns urance ..............................�--..................11 J JuryDuty ......................................�--..........10 L L'rfe Insurance.......-•-�-• ...............................12 Long-Term Disabiiity insurance ................12 Loss of Drivers License .............................27 INDEX O Overtime ..............................................•--.....4 P ParentallMatemity Leave .............................9 Retirement Benefits ...................................13 S Safety......--•--.....--� ........................................ 3 Safety Shoes ...............................................3 Sen iority ..................................•---................. 5 Severance ..................................................16 Sick Leave ..................°°-----.....---................8 Sick Leave Conversion ................................7 Sick Leave Conversion To Vacation .._........8 Spouse/Dependent Parent Leave ...............8 Stri kes ...........................°-° -°-°--° °-...........20 T Temporary Employees ..............................29 U Union Dues ..................................................2 Y Vacation.......................................................7 W Wages ...................�--......................10, 23, 24 Workday .............................................. .........4 30 • • •