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05-56Council F�7e # �_5� Green Sheet # ` D � �O RESOLUTION OF SA�NT PAUL, MiNNESOTA � Pre�nt�a Referred To Comanttee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Employment Agreement between the Independent School District No. 625 and the International Union of Operating Engineers, Local No. 70, Exclusive Representatives for Custodians for the period of July 1, 2004 4 through June 30, 2006. Date v ^ 1�s1�,'1� '��( o,? �7//�t � Office of Hncuan Resources � Green Sheet Green Sheet Green Sf�eet Green Sheet Green Sheet Green Sheet ` �� HU x�R�w� Contad Person & Phone; Jason Schmidt 266-6563 Totai # of Signature Pages +2.,�-� � I Green Sheet NO: 302488fi � pepal'hTlent SeM7oPerson mmauua[e Asslgn 1 Reso De t' or � Wumber y p�� For Routing 3 0 � Office Order 4 $ �e (Clip Aii LacaGons for Stgnaturej Tbis resolution approves the attached Iuiy I, 2b04 through June 30, 2006 Employment Agreement between the Independent School Dishict No. 625 and the Internaiional Union of Operating Engineers, Local No. 70, Exclusive Representatives for G�stodians. Planning commission CIB Committee Civi� Service Commission 1. Has this personlfirm ever xrorked under a contract for this departmert? Yes No 2. Has this personlfirtn ever been a city employee? Yes No 3. Does this perso�rm possess a sldll not normally possessed by arry curtent city employee7 Yes No Explain ail yes answers on separate sheM and attach to green sheet" lnitiating Pro6lem, Issues, Opportunity (Who, What, YVhen, V✓here, Why): Emplopment agreement has already eapired. Advantages If Approved: None Disadvantages If Approved: None �,1.� � �.f �isadva�rtages lf Not Approved: None JAN 12 2�J�5 ` � � ,■ Total AmourR of Transac[ion: Puntling Snurce: Pinancial infortnation: (Explain) CosURevenue Budgeted: ActiWty Number: 6Osd'�s'rw�� F?swrsS!srnk� r'^rkt�� ��A� � � 2D06 �j INDEPENDENT SCHOOL DISTRIGT N0. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: September 28, 2004 TOPIC: Approval of Employment Agreement Between Independent School District No. 625 and International Union of Operating Engineers, Local No. 70, Exciusive Representative for Custodians 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 foliows: Waaes: Effective June 26, 2004, the salary schedule increase is 2.5°l0. There is no schedule increase in the second year of the contract. Insurance: Effective January 2005, the district monthly contribution of $345 for single coverage is increased to $385; the district monthly contribution of $575 for family coverage is incteased to $670. Effective January 2006, the distr'�ct contribution for single coverage is increased to $420; family coverage is increased to $740. Effective January 2005, employees who enroll in the family dental plan wili pay the difference between the district single contribution of $35 and the family premium. Lon evi : Effective June 26, 2004, longevity pay for employees who have completed 19 years of service increases from $.3Q to $.50 per hour. Severance: Employees who provide the District with three months notice of retirement will receive $85 per day for unused sick leave up to $17,000. Effective July 1, 2005, this will increase to $90 per day up to the $17,000 maximum. Language is added that defines the Special Pay Deferral Program for Severance Pay and Sick Leave. Attendance Incentive: The attendance incentive sunsets June 30, 2004. Empioyees who qualified for the incentive for the period September 1, 2003 through May 31, 2004, receive an additional 24 hours of vacation. Un'rforms: Effeetive July 1, 2005, employees will wear uniform shirts while on duty. 3. The District has 254 FTE's in this bargaining unit. 4. This coMract maintains tfie DistricYS fiscal structura{ balance. 5. This contract supports the District's goal of creating institutional change. 6. This request is submitted by Susan Gutbrod, Negotiations/Empfoyee 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 condBions of empioyment for International Union of Operating Engineers, Local No. 70; 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 District's fiscal structural balance. p5 * �� . ' . „ A Wvrld nf 6ppvrtunities Negotiations/Employee Relatians o�ce Phone: 651767-8228 Fax: 651665-0269 MEMORANDUM TO: Sue Wegwerth City - OfFice of Labor Relations FROM: Peggy O'Neifi ,��? Employee Relatio�fs Assistant DATE: January 6, 2005 SUBJECT: Labor Agreements for Independent Schooi District No. 625 Enciosed are three copies of the following labor agreement and a copy of the Board of Education approved agenda request for the following bargaining unit: Intemationai Union of Operating Engineers Local No. 70 Representing Custodians Enclosures c� � �'. �--<, � 2� � _„�; f . � ' � r ��: � L, � C1 � C'C': N Ci C Fri � - � O: �j � Zoo� - 2006 �. . � LABUR AGREEN{ENT between SA1NT PAUL PUBLiC SCHOOLS INDEPENDENT SCHOlJL DISTRICT NO. 625 � and INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 70 Term: July 1, 2004 through June 30, 2006 Saint Paul PllBLIC SCHU�LS OS-s� Pue��c Scxua�s � , Board of Education Toni Carter Elona Street-Stewart John Brodrick Kazoua Kong-Thao Anne Carrot! Tom Conion AI Oertwig Adm'rnistration Pairicia A. Harvey Maria J. Lamb Tanya Martin Pekel Luz Maria Serrano Louis Kanavati Joann Knufh Gene Janicke SAiNT PAUL PUBLIC SCHOOIS independent School District No. 625 Chair Vice Chair Clerk Treasurer �irector Director Direcior Superintendent of Schoois Chief Education Officer Chief of Siaff Area A Superintendent Area B Superintendent Area C Superintendent F�ecutive Director, Altemative Learning Programs � r� L._J �. 05-5� � � , TABLE OF CONTENTS ARTICLE TITLE Article Article Article Article Article Artcie Articfe Article Article Article Article Art1cle Article Article Article Artcle Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 1 n de x ......................................................... PAGE Preamble............................................................................................................... iv Recogn ition .............................................................................................................1 Definitions...............................................................................................................1 UnionRights ...........................................................................................................2 ManagementRights ...............................................................................................3 TemporaryEmpioyment .........................................................................................4 Serno rily ..................................................................................................................6 Vacation ................................................................................................................11 Holidays................................................................................................................12 Hoursand Premium Pay ......................................................................................13 Working Out of Classification ...............................................................................14 Supervisory Assignment ..............._.............__............................................._......15 Unitorms ...............................................................................................................15 Leavesof Absence ...............................................................................................16 Military Leave of Absence .....................................................................................19 Court Duty .............................................................................................................19 Wage Schedule ....................................................................................................19 EmployeeBenefits ................................................................................................20 Mileage.................................................................................................................24 SeverancePay ...................................................__.......................--.........__.......25 Dlsclpline ..............................................................................................................26 Grievance Procedure ...........................................................................................27 Strikes, Lockouts, Work interterence ..................................................................29 Nondiscrimination.................................................................................................29 Termsof Agreement .............................................................................................30 AppendixA: Wages ............................................................................................30 Appendix B: Equalization of Overtime ................................................................32 Appendix C: Memorandum of Understanding: Regarding Training _..._ .................................................................34 ................................36 � OJ - J r (a PREAMBLE This Agreement is by and between Independent School District No. 625 and Locai Union No. 70, International Union Of Operating Engineers, AFL-CIO. This Agreement has been entered into between Independent School District No.625, hereafter referred to as the Employer, and Local Union No. 70, Intemational Union of Operating Engineers, AFL-CIO, hereafter referred to as the Union. This Agreement has as its purpose, the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benetits, hours of work, and other conditions of employment, The parties hereto pledge that they shall pursue the above objectives in fuli compliance wiih the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � � - iv OS-5� � ARTIGLE 1. RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes ot establishing wages, benefits, hours, and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota Bureau of Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provlsional engineering and building maintenance personnel who are employed by Independent School District No. 625, and v✓hose employment service exceeds the fesser of �4 (fourteen) hours per week or thirty- five percent (35%) ot the normal workweek and more than sixty-seven (67) workdays per year in the following classifications: Custodian-Engineer 5, Board of Education, Custodian-Engineer 4, Board of Education, Custodian-Engineer 3, Board of Education, Custodian-Engineer 2, Board of Education, Custodian-Engineer 1, Board of Education, Facility Services Worker, Trainee (Custodian-Engineer), Custodian', Custodiai Worker*; excluding supervisory, managerial, clerical, confidential, and temporary employees, those exclusively represented by other labor or employee organizations, and all other employees. � 12 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take ali steps requ(red under the Public Empioyment Relations Act to accomplish said objective. 1.3 Temporary employees are recognized as within the unit covered by this Agreement, however, except as specificaily provided by this Agreement (see Article 5), temporary employees shali not have nor acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules. ARTIGLE 2. DEFINITIONS 2.1 Collective Barqaininq. The Employer wilf bargain colfectively with the Union with respect to rates of pay, hours, and other conditions pertaining to employment for all of the employees in the unit hereinbefore set forth. 22 Maintenance of Standards. The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working cond�tions shail be maintai�ed at �ot less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250), at the time of the signing of this Agreement, and the conditions of emptoyment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. 2.3 Discrimination. The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because ot membership in or activity on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition ot employment against any employee covered 6y this Agreement because of membership in or activity on behalf of the Union, nor will it discourage or attempt to � discourage membership in the Union, or attempt to encourage membership in another Union. *Abolished except as to present incumbents. 45 -Slo ARTICLE 3. UNION RIGHTS � 3.1 The Union may designate employees within the bargaining unit to serve as Union Stewards and shail be required to administer this Agreement. 3.2 The Union shall furnish the Employer and appropriate depertment heads and District Negotiator wiih a list of Stewards and alternates, and shall, as soon as possibie, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shall be recognized by the Employer for the purpose of ineetings. 3.3 There shali be no deduction from the pay of a Steward when directly involved in meetings with manageme�t relating to the administration of this Agreement during working hours. 3.4 Designated Union representatives shall be permitted to visit employees on job sites and at department buildings during working hours tor the purpose of the administration of this contract, so long as the Umon representative does not interfere with the completion of the employees' job duties. 3.5 Shop Steward. The Chief Steward or Assistant Chief Steward in the District wiil be ailowed to accompany an employee to meet with the Employer during regular working hours for the purpose of grievance review and dispute resolution involving employees, under the fallowing conditions: 3.5.1 That only one employee from any one department be ai(owed to leave his/her work. 3.5.2 That stewards will attend these meetings on their own time when they are held � outside of regular working hours. 3.5.3 That adequate notice is given to the supervisors so that permission may be obtained from the Facility Operations Office. 3.5.4 That the steward has officiaily been designated as such by the Union. 3.5.5 Oniy the chief or assistant chief steward shall be excused for participation in grievance and/or dispute resolution meetings. 3.6 A maximum total of eighty (80) hours without loss of pay per contracY term will be ailowed for the combined use of a marimum of four (4) shop stewards to participate in contract negotiations, mediation, or arbitration meetings which are held during the regular working hours of any of the stewards. It is undersfood that Union and the Employer wiii, to the greatest extent possibie and reasonabie, schedule such meetings outside regular working hours, and stewards will attend the meetings when this is the case on their own time. 3.7 Union Conventions. Duly-elected Union delegates shall be granted time off without pay for one (1) week to attend such convention. Vacation or compensatory time may be used tor this purpose. The Union shall give at least ten (10} working days' advance notice of the employees who wiil be participating in such conventions. � 2 �5-S� • ARTICLE 3. UNION RIGHTS (continued) 3.8 Dues, �air Share 3.8.1 Dues. The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.8.2 Fair Share. Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification 6y the Union, the Empioyer shall check off said fee from the earnings of the employee and transmit the same to the Union. f� no instance shall the required contribution exceed a pro rata share of the specitic expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 3.8.3 The Union wiil indemnify, defend, and hoid the Employer harmless against any cfaims made and against any suits instituted against the District, its officers or employees, by reason of negligence of the Urnon in requesting or receiving deductions under this Article. The District will indemnify, defend, and hoid the � Union harmiess againsi any ciaims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this Article. 3.8.4 The Employer will notity the Union in writing of all new employees covered by this Agreement within a reasonable time period of the empioyee's first day of work. The Employer will notify the Union at regular intervals regarding employee status changes, including unpaid leave, promotion, demotion, resignation, layoff, andJor retirement. ARTICLE 4. MANAGEMENT RIGHTS 4.1 The Union recognizes the right ot the Empioyer 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 moditied by this Agreement are retained by the Employer. 4.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overail budget, utilization of technology, and organizational structure and selection and direction and number of personnel. � 05-56 ARTICLE 5. TEMPORARY EMPLOYMENT The District and Union acknowledge three types ot temporary employment: Casual Service, Short-term Service, and Extended Service. Ail persons empioyed in any temporary status or any extension of temporary senrice must knowingly consent to such extension and compiete a Temporary Employment Certification Form acknowledging the temporary nature of the assignment. All persons employed in any temporary status will be members of the bargaining unit following the completion of sixty-seven (67) workdays, and have the terms and conditions of emp(oyment set forth in this Articie. An esctension of temporary assignment does not create any continuing employment rights for the temporary employee. 5.1 52 Casuat Service Temporarv Emplovment Casual service temporary employment will be characterized by assignments that are less than sixty-seven (67) days in duration, and the terms and conditions of empioyment are estabfished solely by the Empioyer. These are not positions covered by the bargaining unit. Work assignments will typically be overtlow work which serves as an extension of, and not a replacement for, the normal workforce of reguiar employees. Short-Term Temqorarv Emplovment 52.1 Short-term temporary employment will be characterized by an initial employment assignment for up to 1,040 hours. One extension for up to an additionai 1,040 hours wiil he permitted. A copy of the completed Temporary Employment Certification Form signed at the time of the extension wii! be sent to the Union. 5.2.2 5.2.3 5.2.4 5.2.5 52.6 Short-term temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. Short-term temporary employees wiii receive paid time off for the named holidays in Articie 8. There shali be no other access to contractual benefits except as specificaliy stated in 5.2.3 above. Short-term temporary employment work assignments typically will serve as short-term replacements for positions normally fiiled by regu(ar emp(oyees. Such assignments will normally be to cover for the following conditions: a) b) c) d) e) regular empioyees on paid leave, reguiar employees on non-compensatory leaves with guaranteed return, vacancies in job classes where there is no list of eligible candidates in place from which to make regular appointments, positions that are of specific limited duration of (ess than tweive (12) mo�ths in duration, other similar assignments. � U � � �S-5b • ARTICLE 5. TEMPORARY EMPLOYMENT (continued) 5.3 Extended Service Temporarv Emolovment Eutended service temporary employment will be characterized by temporary employment which requires assignment beyond 2,�$0 hours, but is nevertheless temporary in nature. 5.3.1 If the District determines the assignment for a short-term temporary employee must be extended beyond 2,080 hours, the assignment will be considered an extended serv+ce temporary assignment. 5.3.1.1 The District, Union and temporary employee must agree to any short- term temporary employment that is to be extended beyond 2,080 hours. 5.3.12 The District, Union and temporary employee will sign the Temporary Employment Certification Form acknowledging the temporary nature of the assignment. 5.3.1.3 Upon agreeme�t, the temporary employee will be considered an extended service temporary employee. 5.32 Extended service temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 5.3.3 Extended service temporary employees will have access to contractual benefits as described in 5.3.3.1 through 5.3.3.4 below. The benetits in 5.3.3.1 through � 5.3.3.4 will be effective the first full pay period after the compietion of the first 2,080 hours in temporary status and after the signing of the Temporary Employment Gertification Form. 5.3.3.1 Paid sick leave time shaii begin to accrue for ail hours on the payroil, based on a formula of .0576 hours time earned for each straight-time hour on the payroll. Maximum accrual allowed is 200 hours. There is no exchange of accrued unused sick leave for cash payment. 5.3.32 Paid personal leave time shail begin to accrue (as vacation), for ail hours on the payroll, based on a formula ot .0385 hours time earned for each straight-time hour on the payroll. 5.3.3.3 The employee shaii have access to paid holidays as provided in the labor agreement in Article 8, Section 8.4. 5.3.3.4 The employee shall be eligible for participation in and Employer contribution to health care coverage and life insurance coverage as provided for active regular employees in Articie 17, Section 1. Temporary employees will be required to contact the Benetits Office to apply for appropriate benefits. No access or benefit beyond these specified sections is granted or created or intended or implied. Any cost of any premium for any District-offered employee or family insurance coverage in excess of the specified District maximum contribution limits shall be paid by the empioyee via payroil deduction. , 5 OS-5� ARTICLE 5. TEMPORARY EMPLOYMENT (continued) • 5.3.4 There shail be no other access to contractuai benefits except those specifically stated in 5.3.3 above. 5.3.5 An extended service temporary empioyee who, ihrough the appropriate merit based examination procedures, becomes empioyed as a regufar employee covered by this Agreement during the period of Extended Service Temporary Employment shall have his/her period of temporary employment in excess ot the initial 1,040 hours recognized toward completion of the probationary service requirement in the regular appointment. 5.4 None of the provisions of this Article shall have any retroactive eftect for any employee in any temporary employment status prior to the effective date ot this Article, July 1, 1993. 5.5 No access to continuing employment is created or intended by any provisions of this Article. ARTICLE 6. SENIORITY 6.1 General Class Senioritv. Class seniority shall be determined based on the continuous length of probationary and regu(ar service with the Empioyer (IndependeM School District No. 625, Saini Paul Public Schools) from the date the empioyee was first appointed to a job class covered by this Agreement. Class seniority shaH be understood to be on an Employer-wide (District-wide) basis within each job class unless expressly stated � otherwise. !n cases where two or more employees are appoinied to the same class title on the same date, the senioriiy shall be determined by the employee's rank on the eligib(e list from which certification was made. 6.1.1 It is further understood that only time worked for the Employer (Saint Paui Public Schools) shali be considered for the purpose of seniority calcutations. The only exception is for regular employees currently employed by the Employer as of July 1, 1993, who have accrued time in a job class represented by the Union in service with ihe City of Saint Paul prior to July 1, 1993. For those regufar empfoyees, the time in such job class with the City of Saint Pau( will continue to be considered as time with the Employer. if, however, the employee has a break in employment with the Employer, (i.e., termination, resignation, retirement) thereafter, if re-employed, only the time following the employee's subsequent rehire to the Employer will be considered for purpose of seniority calculation. 6.12 An unsuccsssful completion of probationary period for a pasition with the City of Saint Paui by any employee covered by this Agreement shalf not be considered a break in emp(oyment with the Employer. A successful compietion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall be considered a break in employmenY with the Employer, 62 Class Senioritv Determination For Workforce Reductions. In the event that the Employer determines that it is rtecessary to reduce the workforce, employees will be laid off in inverse order of class seniority in the job class from which the reduction is to occur. The Employer must terminate the employment of all temporary and provisionai employees in that joB class before any regular employee in that job class is laid off. � �5�5h • ARTICLE 6. SENIORITY (continued) 6.3 Class Senioritv Determination For Placement Followina A Workforce Reduction. For purposes of ihis Section, the job classes covered by this Agreement (excluding Custodian-Engineer Trainee and abolished job classes) shall be considered one �ob cfass series. The job class with the highest rate of pay shown in Appendix A shall be the highest level job class in the series. The job ctass with the next highest rate of pay shown in Appendix A shal! be the next highest level job class in the series, and so on down to the Iast job class. When the number of empioyees in higher level job classes is to be reduced, employees wili be offered reductions to the next highest ievel job class, whether or not the employee previousiy was appointed to such job class, in which class seniority would keep the employee from 6eing laid off. It is understood that an employee being reduced shail have that employee's class seniority in his/fier current job class (and any appropriate class seniority in any lower level job class that the employee previously heldj used to determine rights to positions at the time of the reduction. Thereby, employees whose positions are to be reduced shall have the right to displace employees with less class seniority in that job class. The employee with the least class seniority in the jo6 class shall then be reduced to the next lowest title for which the employee has more seniority than ihe least senior employee in that job class. Employees being reduced shall not have the ability to reduce to abolished job classes shown in Appendix A, unless the employee was previousiy appointed to such job class, has no breaks in employment since appointed to such job class, and there remain empioyees actively empioyed in that job class at the time ot the layoff. 6.4 Recall From Workforce Reductions. Recall from workforce reduction shall be in order of class seniority within the job class from which the layoff occurred. However, recall rights � shall expire after two (2) years from the date of the layoff. 6.5 Class Senioritv Determination Followina Voluntarv Reduction. In the eveni that an empfoyee requests a voluntary reduction to a lower level job class, and such request is approved by the Human Resource Department for the Employer, then the employee's class seniorlty in the job class to which the empfoyee is being reduced shall be the continuous length of probationary and regular service with the Empioyer from the date the employee was first appointed to the job class in this Agreement to which the employee will he reduced {this wouid also include any continuous service time in higher level job classes covered by this Agreement). If the employee is reduced to a lower level job class not previously held, then the empfoyee's class seniority in the job class to which the employee is being reduced shall be the continuous length of probationary and regular service with the Employer from the date the employee was first appointed to any higher level job class covered by this Agreement. Voluntary reductions will only be approved if the reduction is to a vacant position in a lower Ievei job class. it is u�derstood that the employee wiil have no reinstatement rights back to the former higher level job ciass following the voluntary reduction. If the employee is reappointed to the higher level job class through the appropriate testing and selection procedures, then the employee's class seniority in that �ob class will begin as if newly appointed to that job class. No employee will have the ability to voluntarily reduce to any of the abolished job classes shown in Appendix A. . o5-5y ARTICLE 6. SENIORITY (continued) 6.6 Senioritv for Biddinq on Location 6.6.1 Biddinq for Location. Annually, after the beginning of the school year, the Office ot Facility Operations will post a listing of vacant positions in all job classes with the locations of the vacancies. Emp(oyees who have been certified and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bids tor assignments will be honored in order of class seniority in that job class providing fhe employee is qua(ified for the assignment. No other positions are posted for bid. Vacancies in new buiidings will he open to bidding only by employees who have had saiisfactory or higher performance ratings for at least the preceding year. Custodian-Engineer vacancies in new buiidings will be listed only to allow empioyees in that job class to express interest in being considered by submitting a letter to the department head. a) Additional vacancies in job ciasses during the school year will be similarly posted for bidding as they occur during the year, if there are appropriate vacancies available. � b) An employee who has been reassigned as a result of the bidding process is not eligible for any turther reassignment from bidding for at least o�e (1} caiendar year following placement date. An emp(oyee whose shift is changed significantly on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again in the same year. c) A Custodian-Engineer 2 who is assigned to evening shift must complete � one (1} year as an Engineer 2 before having the right to bid. . If the Custodian-Engineer 2 assigned to evening shift bids on another evening shift and is reassigned as a resuit of this bidding process he/she is not eligibie for any further bidding for one (1 j year. • If the Custodian-Engineer 2 assigned to evening shift is reassigned to a day shift as a result of this bidding process he/she is not eligibie for any further bidding for two (2) years. • If the Custodian-Engineer Z assigned to day shift is reassigned as a result of this bidding process he/she is not eligible ior any further bidding for two (2) years. • An employee whose shift is changed significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed trom a daiiy assignment at one location to more than one location, may bid once again without waiting the ful( two (2) years. d) Nothing in this provision shali be construed to limif the right of the Empioyer to transfer an employee to another location without bidd'+ng if there is reason to do so. - OS-5(� • ARTICLE 6. SENIORITY (continued) 6.6.2 Class Senioritv Determination For Workforce Reductions. In the event that the Employer determines that it is necessary to reduce the workforce, employees will be laid off in inverse order of class seniority in the job class from which the reduction is to occur. The Employer must terminate the employment of all temporary and provisional employees in that job class before any regular employee in that job class is laid off. 6.6.3 If any full-time employee's position at a specitic building is eliminated andJor changed to require the employee be scheduled to regularly perform work in two buildings, the newly assigned employee will: a) Have the employee's class seniority recognized in the second building(s). b) Have the employee's class seniority recognized in the new building(s) and may use such class seniority in the new building(s) assignment for purpose of displacing the employee with the least class seniority in the same classification from that employee's scheduled shift, providing the newiy assigned empioyee has more class senlority than the employee being displaced. Full-time employees may not displace part-time employees, and part-time employees may not displace full-time employees. c) Retain the right to reclaim that employee's original position in the first location should it reopen in the next thirteen (13) months, provided the employee has not accepted a position through any bid process. • 6.6.4 A full-time employee whose position is efiminated and who is assigned to a `Yloate�" assignment in the employee's job class, at that time, shall have the right to displace the least senior employee in the same job class who hoids a building assignment. If a'Yloater" position remains as an available vacancy, the displaced least senior employee can be reassigned to a"iioater" position in the same job class. A full-time employee whose position is eliminated and who is placed in an assignment in the employee's job class that is more than 1wo (2) hours different than the shift assignmeni prior to the position elimination, at that time, shall have the right to displace the least senior employee in the same }06 class who holds a shift assignment that is with+n two (2) hours of the shift assignment prior to the position elimination. If a"fioater' position remains as an availabie vacancy, the displaced Ieast senior employee can be reassigned a"floater" position in the same jo6 class. 6.7 Senioritv for Shift Selection 6.7.1 All shifts and work areas are determined by the Employer. Nothing in this Section 6.7 should be construed to limit the right of the Employer (department head or designee) to change an employee to another shift or work area if there is reason to do so. 6.7.2 There is no building seniority status for the purpose of bidding on locations or shifts. • 0 05-5(� ARTICLE 6. SENIORITY (continued} � 6.7.3 When a shift adjustment of more than two (2) hours eariier or later is made by the Employer, and is planned to continue for more than thirty (30) working days, then shift assignment for employees in that building in the classification of the adjusted shift shall be re-bid. Class seniority shall be the determirting factor, so long as tfie emp(oyee is qualified and ab(e to perform the duties of the assignment. 6.7.4 When a vacancy occurs in a building, the opening will not be offered for bid in the building. Plant Pianning and Maintenance will review and determine any schedule or ciassification change, and whether the vacancy will be fifled. If the vacancy is to be filled, the position wil! then be offered for location bid pursuant to Sectiort 6.6.1 of this Article. 6.7.5 When a shift change of more than four (4} hours occurs in a position or several positions, then the position(s) shall be offered for bid pursuani to 6.6.1 of this Article. An employee displaced by the re-bid shall be eligible to bid for any otfier vacancy in that year even rf the employee had successfully bid earlier in the same year prior to 6eing displaced. Senioritv Termination, All seniority shall terminate when an employee retires, resigns or is terminated. SenioriN Consolidation, Effective August 1, 1993, the job ctasses Custodian` and Facility Services Worker wiii be treated as a single job class for purposes of: 6.9.1 6.92 6.9.3 6.9.4 Layoff and recali rights determination, except for the limitations on rights fo abolished titles as described in 6.3 of this Article. Bidding on work iocation as described in 6.6 of ihis Article. Bidding on shift selection within a location as described in 6.7 of this Articie. Job assignment as deTermined by the Employer wiihin any location. *Abolished except as to present incumbents � � • 10 DS-5� • ARTICLE 7. VACATION 7.1 Vacation credits shaii accumulate at the rates shown 6elow for each full hour on the payroll, exclud+�g overtime. Years of Service � 7.2 1 st through 4th year Sth through 91h year tOth through 15th year 16th year through 23rd year 24th year and thereafter Annual Hours of Vacation Earned Per Hour on Pavroll .0500 .0692 .0769 0923 .1115 Annual Hours Earned 104 144 160 192 232 Days Earned 13 �& 20 24 29 Calculations are based on 2,08� hour work year and shall be rounded off to the nearest hour. An employee may carry over into the next "calendar" year up to one hundred sixty (160} hours of vacation. 7.3 All vacation time shail be approved by the department head. Upon separation trom service, if employee has provided ten (10) calendar days' notice to the Employer in writing, any unused, accrued vacation shafi be paid at the empioyee'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 empioyee is separated from service by reason of discharge, retirement or death, the employee shali be paid for any unused, accrued vacation earned up to the time of such separation. 7.4 Sick Leave Conversion. Sick leave accumulated 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. 7.4.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time or severance as described in Article 19. 11 bS-5� ARTICIE 8. HOLIDAYS � 8.1 Holidavs Reco4nized and Observed. The foilowing days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King, Jr. Day Presidenis' Day Memonal Day Independence Day Labor Day Thanksgiving Day Day Af1er Thanksgiving Christmas Day Eligibie employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever any of the hoiidays listed above shatl fail on Saturday, the preceding Friday shall be observed as the hoiiday. Whenever any of the holidays listed above shall tall on Sunday, the succeeding Monday shall be observed as the holiday. For those empioyees assigned to a work week other than Monday through Friday fhe following language shall apply. Whenever any of the holidays listed above fall on the f+rst day of an employee's two (2) consecutive days off following that empioyee's normal work week, the last day of the emp(oyee's normai work week preceding the holiday wfll be obseroed as the holiday. Whenever any of the holidays listed above fall on the second day of the empioyee's two (2) consecutive days off foflowing that employee's normai work week, the first day of the employee's normal work week followfng the holiday will be observed as the holiday. � 82 Eliqibilitv Requirements. To be eligibie for holiday pay, employees must be active on the payroll the day of the holiday. 8.3 If an employee entitled to a holiday Is required to work on a holiday, he/she shali be recompensed for work done on this day by being granted compensatory time on a time- and-one-haif basis or by being paid on a time-and-one-half basis for such hours worked, in addition to ihe regular holiday pay. 8.4 Notwithstanding Article 8.2, a femporary employee shall be eligible for hoiiday pay only after such employee has been employed as a temporary employee for si�hj-seven (67) consecutive workdays. - 12 dJ `S� • ARTICLE 9. HOURS AND PREM(UM PAY 9.1 Detinitions. The purpose of this Sectio� is to provide a basis for computation of straight time, overtime, and other wage calculations, and nothing in this Article shall be construed as a guarantee or commitment by the Employer to any individual empioyee of a minimum or mvcimum number of hours of work. 9.1.1 Week. A week shail consist of seven (7} consecutive days beginning at 12:01 A.M. on Monday and ending at 12:00 midnight the following Sunday. 9.1.2 Day. A day shall consist of twenty-four (24) consecutive hours beginning at 12:01 A.M. at the start of a calendar day and ending at midnight of that day. 9.1.3 Normal Work Schedule. The normal work schedule for empioyees covered by this Agreement shall consist of forty (40) hours or work scheduled on five (5) consecutive eight (8) hour workdays. The department head, with the concurrence of the Union, may modify the work schedule to consist of forty (40) hours of work scheduled on four {4) consecutive ten (10) hour workdays. The hours worked in a day shafl be consecutive excluding any unpaid lunch period scheduled during the employee's assigned workday. The unpaid lunch period may not exceed one (1) hour in length. 9.1.3.1 Rest Breaks. Each normal workday shall include two paid fifteen (15)-minute rest breaks, at a time assigned by the immediate supervisor, one occurring approximately two hours from the beginning of the shift; the second occurrir.g approximately six hours from the beginning of the shift. � 9.1.32 Lunch Break. All full-time empfoyees are entitled to a duty-free lunch break of thirty (3�) minutes without pay, at a time assigned by the supervisor, and occurring approximately at the midpoint of the shift. If no relief is available for a duty-free lunch at approximately the midpoint of the employee's shift, the employee shail receive a thirty (30) minute paid lunch. 9.1.3.3 Stackinq ot Breaks. It is understood by ali parties that employees cannot combine their break periods andlor lunch periods to create a longer lunch break period or to leave early. 9.2 CaII-In Pav. When an employee is ca�led to work, the empioyee shap receive two (2) hours of pay at the employee's normal hourly pay rate if the emplayee reports to work as called and is then not put to work. If the employee is cailed to work and commences work, the empioyee shali be guaranteed four (4) hours of pay at the empioyee's normai hourly pay rate. These provisions, however, shall not be efifective when work is unable to proceed because of adverse weather conditions; nor shail these provisions apply to temporary empioyees nor to any person whose regularly-scheduled workday is less than four (4) hours per day. 9.3 Premium Pav for Shi�t Differentiaf. Effective March 4. 1995. Any employee who works on a regularfy-assigned shift which begins after 1:00 p.m., shalf be paid a shift dtifferential for the entire shift. Relief staff shall receive a shift differentiat for all days when students are in attendance. The shift differential shall be five percent (5%) of the base rate. If an employee requests a day shift (starting at or before 1 p.m.) and that request is granted, the employee will not receive night shift differentiai for any day shift worked. 13 OS- 5� ARTICLE 9. HOURS AND PREMIUM PAY (continued) 9.4 Special Dutv Pav. Employees assigned to work in the special duty category of custodial worker shall be paid at ninery percent (90%) of the rate paid for positions in the Custodian'job ciass. 9.5 Lonqevity Pav. Employees who have completed nineteen (19) full-time equivalent years of service with the Employer as of Juty 1 each year shatl receive an additional $.50 (50¢) per hour above the normal hour(y rate of pay. 9.6 Overtime. Work performed in excess of forry (40j hours of work in a normal work schedule or eight (8) hours of work in a normal workday wii( be considered overtime. Overtime work shall be done only by order of the department head. Overtime shall be paid at the rate of one and one-half (7-1/2) times the employee's current hourly pay rate i�ciuding applicable shift differential or premiums. Emp(oyees assigned fo work on four (4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of ten (10j hours in the workday. The overtime compensation due the employee shaif be paid at the rate herein cited, or by grartting compensatory time on a time and one-half basis if mutually agreed to by the District and the employee. 9.7 Epualization of Overtime. The purpose of this Subdivision is to state clearly the intent of the parties regarding procedures which will be used to call and/or assign employees in the unit for overtime work during the term of the 2004-2006 Labor Agreement. See Appendix B for language. These procedures shaii become effective beginning with the first full month after the Board of Education adoption of the 2004-2d06 Labor Agreement. Renewal, revision, or continuation of these provisions will occur only if the parties so agree. Absent such agreement, the provisions of this Appendix B terminate June 30, 2006. ART(CLE 10. WORKING OUT OF CLASSIFICATION � 0.1 For purposes of ihis Article, an out-of-ciass assignment is defined as an assignment of an employee to perform, on a ful!-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a ctassificatiort higher than the ciassification heid by such empioyee. 902 The Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any emptoyee working an out-of-class assignment for a period in excess of fifteen (15) consecutive worki�g days shali receive the rate of pay for the out-of-class assig�ment in a higher classification beginning on the sixteen (16thj consecutive working day of such assignment, The rate of pay for an approved out-ot-ciass assignment shall be the same rate the empioyee would receive if such employee received a regular appointment to the higher classification. 10.3 An employee who otherwise would receive a shift differential shait not lose the shift differential during any portion of the out-of-class assignment prior to being paid the rate of pay for the higher classification. `Abotished except as to present incumbents � � � 14 os-s� • ARTIGLE 11. SUPERVISORY ASSIGNMENT 1'1.1 An engineer who is assigned to supervise other employees will be at least one title higher in the series than the employees he/she supervises. ARTICLE 12. UNIFORMS 12.1 Employees in this bargaining unit are required to wear uniform shirts when on duty. District provided uniform shirts consist of: short sleeve dress, long sleeve dress, polo, sweatshirt, smock, and tee shirt. Uniforms will be supplied as toliows: The "standard" uniform shirt is defined as a short sleeve or long sleeve dress shirt. An employee may substitute a polo shirt, a sweatshirt, a smock, or two (2) tee shirts for a "standard" shirt. A jacket may be substituted for two (2) °standard" shirts. The District will initially provide each employee (or newly appointed empioyee) with five (5) "standard" uniform shirts as defined above. (New employees may not initially order a jacket). Each year thereafter, the District will provfde employees with three (3) additional "standard" uniform shirts. Employees who have voluntarily requested and received the initial five (5) shirts prior to implementation of this provision will be considered already initially supplied. 12.2 Uniform shi�ts will be worn by all employees while on duty during student contact days. Effective July 1, 2005, uniform shirts will be worn by a11 empioyees while on duty. Uniform shirts are to be worn only while at work, and en route. The employee is not to wear the � uniform shirt or jacket during personal events and activities, work outside the Schooi District, or incidentai stops at places selling on-safe liquor, or other such places not consistent with the image of the School District. 12.3 Each employee is responsible for laundering, pressing, and making minor repairs, such as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair during the course of duty, it will be replaced at no cost to the employee when the damaged shirt is returned to the District. Normal wear will not be considered for repiacement except through the annual cycle. The District will attempt to provide the repiacement shirts at the beginning of each school year. 12.4 Safetv Shoes. The District agrees to pay thirty doilars ($30) per year toward the cost of safety shoes required by the Employer and purchased by an employee who is a member of this unit, under the following conditions: 12.4.1 The District shall contribute toward the cost of one (1) pair of shoes per contract year and shall not be responsible for any additional cost of any additional shoes hereafter. 12.42 This reimbursement of thirty dollars ($30) shall be made only after verification of expenditure and approval by the Department head or designated supervisor of the employee. 12.4.3 This thirty dollars ($30) Employer contribution shall apply only to those employees who are required to wear protective shoes or boots by the Employer, and the contribution shall not exceed the actual cost of such shoes ar 600ts. 15 05-5( ARTICLE 13. LEAVES OF ABSENCE 13.t Leave of Absence. After three (3) months of employmeni, an employee may make applfcatfon for a leave of absence without pay or employer-paid benetits not to exceed one (1) year. Requesis for leave of absence shail be submitted to the Human Resource Department for consideration not less than sixty {60) days prior to the requested date of the leave. Granting of such leaves will be subject to the operational needs and approval of the Employer. 13.2 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour tor each full hour on the payroil, 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- hour before his/her regular scheduled startirtg time. The granting of sick leave shall be subject to the terms and provisions of this Agreement. Any employee who has accumuiated sick leave as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary for the following specified allowable uses: 132.7 Personal Iilness. Employees may use accumulated sick leave for hours off due to personal illness. The employee may be required to furnish a medical certificate trom a qualified physician as evidence of illness or physical disability in order to qualify for paid sick teave as per District practice. Accumulated sick leave may also be granted for such time as is actuaily necessary for office visits to a doctor, dentist, optometrist, etc. 13.2.2 Familv Illness. Employees may use accumulated sick leave for hours off due to sudden sickness or disability of a parent or a member of his/her household or to make arrangements for the care of such sick or disabled persons up to a maximum of eight hours sick leave per incident. Up to forty (40} hours of accumulaYed sick leave may be used in a work year to allow the empioyee to care tor and attend to the serious or critical illness of hislher spouse or dependent parent. These hours when used are deducted from sick leave. 13.2.3 Sick Chiid Care Leave. Sick leave to care for a sick child shall be granted on the same terms as the empioyee is able to use sick Ieave for the employee's own illness. This leave shall only be granted pursuant to Minn. Stat. §181.9413 and shall remain available as provided in Statute. 13.2.4 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days, shall be granted because of the death of an employee's spouse or child. 132.4.1 132.4.2 Up to three (3) days shail be granted because of death of other members of the employee's immediate famiiy. Other members ot the immediate family shalf inean father, mother, sister, brother, parent-in- law, son-in-law, daughter-in-law, grandparent, or grandchild. Leave of absence for one (1) day shall be granted because of death of other ciose relatives. Other close relatives shaii mean uncle, aunt, nephew, niece, brother-in-law, and sister-in-law. 132.4.3 A"day' for this purpose shall be equivalent to the regularly assigned workday of the employee, and such leave shall be deducted from accumulated sick leave. 13.2.4.4 Ii an employee is required to travei beyond a two fiundred {200)-miie radius ot Saint Paul tor purposes related to eligible bereavement leave, one (1) additionai day of sick leave may be used. \J � _ 16 OS -5t i ARTICLE 13. LEAVES OF ABSENCE (continued) 132.5 Adoption Leave and Leave for Fathers of Newhorns. Up to fifiteen (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 chiid. Use ot these fifteen (15) days does not need to occur consecutively. The fifteen (15) days of sick leave for fathers of newborns must be used within six (6) weeks surrounding the birth ot the child. For adoption the fifteen (15) days of sick leave may be used for adoption processes or up to six (6) weeks following completion of the adoption process. � 13.3 Requestinq Sick Leave. No sick leave shall be granted for the above reasons unless the employee reports to hislher supervisor the necessity for the absence no later than one (1) hour before hisfier regufar scheduled starting time. For an employee whose shift begins after 11:00 A.M., the employee must cali hislher supervisor to report the iliness by 10:00 A.M. The empioyee must call the Facility Operations Office and hislher buiiding(s) supervisor(s) to report the illness and on the date of return to work by the times specified, unless the requirement to call in is waived by the supervisor after verification of extended illness. Sick leave will not be granted to any employee who does not properly report the necessity for the absence, unless he/she can show to the satisfaction of the supervisor that the failure to report was excusable. Employees will be required to provide medical verification of the illness at the discretion of the supervisor. For the purposes of Articles 13.3 and 13.3.1, medical verification wiil be defined to mean, "A written note issued trom a qualified treating medical provider during the period the empioyee was absent from work." The medical verification will be provided to the Employer before the employee returns to work. 13.3.1 Sick Leave - Medical Verification. Empioyees will be required to provide medicaf verification of the illness at the discretion of the supervisor, and especialiy noting the following circumstances: (1) An empioyee who used more than ten (� 0) sick days per year is likely to be required to provide medical certification of iiiness. (2) Absences which reflect a pattem are likely to result in a medical certification requirement. Examples: (a) Frequent absences on Fridays and Mondays. (b) Absences precedingJtollowing recognized holidays. (3) Reasonabie cause to suspect that sick leave is being requested inappropriately is likely to resuit in certification requirement. Prior to requiring medical verificat+on, the supervisor will meet with the employee (and Head Engineer). The employee will have the right to have union represe�tation at the meeting. The supervisor will notify the employee in writing that medicai verification wiii be required for any further sick leave usage. After the end of every schooi year, there will be a review of the medical certification requirement for aIl affected empioyees unless the requirement has been in place less than nine (9) months. This review may or may not resuii in a change of the medical certification requirement. The employee will be notified in writing as to the status of this requirement. The written notice wiil be sent to the employee with a copy to the Building Head and the Union. 1 13.4 Familv Medicai Leave. Leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides pracedures. 17 d5-S� ARTICLE 13. LEAVES OF ABSENCE (continued) . 13.5 An employee shali be paid under the provisions of this paragraph oniy for the number of days or hours for which he/she would normally have been paid if he/she had not been on sick leave. i3.6 MaterniN/Parental Leave. Maternity is defined as the physical stafe of pregnancy of an employee, commencing eight (8} months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In ihe event oi an employee's pregnancy, the employee may apply for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. Parental ieave shaii be granfed to employees for the biRh or adoption of a chiid in accordance with applicabfe state and tederal (aws. 13.7 Sick Leave Conversion. Sick leave accumulated 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 (noi to exceed a total of forty (40] hours) in any year. 13.7.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time or severance as defi�ed in Article 19. 13.8 Sick Leave Incentive. !f an employee does not use any sick leave (personal illness, sick child, etc.) in the nine (9)-month period from September 1 through May 31, the employee wili be credited with eight (8) additional hours of vacation time. Sick leave used for purposes of bereavement wi�l not disqualify an employee for the attendance incentive. If � an employee quaiifies for an additiona! eight (8) hours of vacation time for perfect attendance September 1 through May 31, and if the employee has perfect attendance for the following period June 1 through August 31, the employee will be credited with an additional eight {8) hours of vacation time. This applies for the 2002-03 and 2003-2004 school years. This provision is effective untii June 30, 2004, and will not renew. 13.8.1 Employees who did not use any sick leave (personal illness, sick child, etc.) in the nine (9)-month period from Sepiember 1, 2Q03 through May 31, 2004, will be credited with 24 hours of vacation in addition to the eight {8) hours of vacation earned per 13.8 above. r � 18 05-5� � � r ARTICLE 14. MILITARY LEAVE OF ABSENCE 14.1 Pav Allowance. A�y employee who shalf be a member of the National Guard, the Navai Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Of{icers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entiiled to leave ofi absence from employment without loss of pay, seniorifij status, efficiency rating, vacation, sick leave or other benefits for afl the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shaii not exceed a total of fifteen (15} days in any calendar year and, further, provided that such Ieave shall be aliowed only in case the required military or navai service is satisfactorily performed, which shall be presumed unless the contrary is estabiished. Such ieave shaif not be ailowed unless the employee: (1) returns to hisfher position immediately upon being relieved from such military or navai service and not later than the expiration ot time herein limited for such leave, or (2) is prevented from so returning by physical or mentaf disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such feave. 14.2 Leave without PaV. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States tor which leave is not otherwise allowed by law shall be entitled to leave ot absence from employmeni wiihout pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 14.3 Such leaves of absence as are granted under Article 13 shall conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additionaf benefits other than those granted by said statute. ARTICLE 15. COURT DUTY 15.1. Court Cases. Any employee who is duly subpoenaed as a witness in any case in court shaii be entitied to leave with pay tor 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 employee or the Union against the District. In cases where the Board is a par[y in the litigation, the empfoyee shalf be entitled to pay while attending as a witness at the request of the Board or as a co-defendant ia the case. 15.2. Required Jury Dutv. Any employee who is required to serve as a juror shail be granted leave with pay while serving on jury duty contingent upo� the employee paying to the Board any fees received, minus travei aliowance, for such jury service. ARTICLE 16. WAGE SCHEDULE 16.1 The wage schedule tor purposes of this contract shall be Appendix A attached hereto. ,9 �J ARTICLE 1Z EMPLOYEE BENEFITS SECTlON 1. ACTIVE EMPLOYEE.HEALTH INSURANCE 1.1 The Empioyer wiil continue for the period of this Agreement to provide for active employees such heafth and Iife insurance benefits as are provided by Employer at the time of execution of this Agreement. 1.2 Eliaibilitv Waitinq Period. One (1) full month of continuous regularly appointed service in Independent School District No. 625 will be required before an e�igible employee can receive the district contribution to premium cost for health and life insurance provided herein. 1.3 FuII-Time Status. For the purpose of this Section, tull-time employment is defined as appearing on the payroit regulariy at least thirty-two (32) hours per week or at least sixiy- four (64) hours per pay period, exc(uding overtime hours. 1.4 Half-Time Status. For the purpose of this Section, half-time empioyment is defined as appearing on the payroll regularly at least twenty (20} hours but less than thirty-two (32) hours per week or at least forty (40) hours buY less than sixty-four {64) hours per pay period, excluding overtime hours. u Regularly-scheduled hours are the daily hours which are specifically authorized for the empioyee and assigned by the supervising adminisfrator, and verified by the Human Resource Department, as the regular schedule. Occasional work time assigned in excess of the minimums stated in 1.3 and 1.4 shaii not be canstrued as providing eligibiiity for i�surance premium payment. NOTE: Any empioyee who is regulariy scheduled tor less than twenty (20) fuil hours of � work per five (5)-day week or who is scheduled irregularly is ineligihle for any benefits described in this Seciion. Nothing in this Agreement shafl be construed as a guarantee of any hours of work. 1.5 Emolover Contribution Amount--Full-Time Emplovees. Effective July i, 2004, for each eligible employee covered by this Agreement who is employed full time and who seiects empioyee insurance coverage, the Empioyer agrees to contribute the cost of such coverage or $345 per month, whichever is less. For each eiigible full-time empioyee who selects family coverage, the Employer will contribute the cost of such family coverage or $575 per month, whichever is less. 1.5.1 Effective January 1, 2005, for each eligible employee covered by this Agreement who is employed tull time and who selects empioyee insurance coverage, the Employer agrees to contribute the cost of such coverage or $385 per month, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $670 per month, whichever is less. 1.5.2 Effective January 1, 2006, for each eligible empioyee covered by this Agreement who is employed fuil time and who selects employee insurance coverage, the Empioyer agrees to contribute the cost of such coverage or $420 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 $740 per month, whichever is less. � 20 05-5� i � / ARTICLE 17. EMPLOYEE BENEFITS (continued) 1.6 Emplover Contribution Amount: Married Coupies. Full-time employees who are married to another District employee and who are covered under their spouse's heaith pian may waive the single or family contribution to health insurance and receive up to $150 per month toward their spouse's family premium. The combination of District contributions cannot exceed the full cost ot family coverage and cannot be appfied in cases where the spouse is receiving health insurance through the DistricYs cafeteria benefits pian. 1.7 Emolover Gontribution Amount--Half-Time Emplovees. For each eiigi6le employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for fuil-time employees selecting employee coverage; or for each half-time employee who selects famiiy insurance coverage, the Employer wil{ contribute filty percent (50%) of the amount contributed for full-time empioyees selecting family coverage in the same insurance plan. Part-time employees are not eligible for any of the married couple contributions in Subd. 1.6. 1.8 1.9 1.7.1 Notwithstanding Section 1.7 above, empioyees covered by this Agreement and employed half time prior to January 1, 1978, shali receive the same insurance contributions as a full-time employee. This Section 1.7.1 applies only to employees who were employed half-time during the month of December 1977 and shall continue to apply only as long as such employee remains continuously empioyed half time. Life insurance. For each eligible empioyee, the Employer agrees to provide $50,000 Iffe insurance coverage. This amount shall drop to $5,000 of coverage (in the event of early retirement) untii the retiree reaches age 65; then ali Empioyer coverage shall terminate. Lonq-Term Disability. Effective January 1, 1999, tor each eligible emptoyee, the Empioyer agrees to provide a long-term disability plan. 1.10 Dental Insurance. Effective January 1, 2004, for each eligible employee, the Employer agrees to contribute an amount not to exceed $35 per month for single dental coverage. Effective January 1, 2005, empioyees who enroll in family dental coverage will pay the difference between the cost of family coverage and the DistricYs $35 monthly contribution to singie coverage. 1.11 Flexible Spendina Account. It is the intent of the Employer to maintain during the term of this Agreement a plan for medicai and child care expense accounts to be availabte to employees in this 6argaining unit who are eiigible for Employer-paid premium contribution for health insurance for such expenses, within the established legai regulations and IRS requirements for such accounts. 1.12 The contributions indicated in this Section 1. shall be paid to the Employer's group health and welfare plan. 1.13 Any cost ot any premium for any Empioyer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Section shall be paid by the employee through payroii deduction. 21 ds- 5� ARTICLE 17. EMPLOYEE BENEFITS (continued} SECTION 2. RETIREMENT HERLTH INSURANCE Subd. 1. 8enefit Eliqibilitv for EmploVees who Retire Before Aae 65 1.1 Emqlovees hired into District service before Julv 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 Schooi District 625; B. Must be at least fifty-five (55) years of age and have completed twenty-iive (25) years of service, or; C. The combination of their age and iheir years of service must equal eighty-five (85) or more, or; D. Must have completed at least thirty (30) years of service, or; E. Must have completed at ieast twenty {20j consecutive years of service within independent School District No. 625 immediately preceding refirement. � Years of regular service with the City of Saint Paul will continue fo be countsd toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1,1 E. � 1.2 Emplovees hired into District service after Julv 1. 1996, must have completed twenty (20) years of service with lndependent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year requirement. 1.3 Eligibility requirements for all retirees: A. A retiree may not carry his/her spouse as a dependent if such spouse is also an independent School District No. 625 retiree or Independent School District No. 625 employee and eligibfe for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health i�surance program. B. Additional dependents 6eyond those designated to the District at the time of retirement may not be added at District expense after retirement. C. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. D. Employees terminated for cause wiii not be eiigibie for empioyer contribution taward insurance premiums for either pre-age 65 or post-age 65 insurance coverage. - 22 vs-s� • ARTICLE 17. EMPLOYEE BENEFITS (continued) Subd. 2. Emplover Contribution Levels for Emofovees Retirinq Before Aqe 65 2.1 Health Insurance Emolover Contribution. 7he District will for the perlod of this Agreement provide employees who meet the eligibility requirements for health insurance in 1.1 or 12 above, who retire during the term of this Agreement, and until such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single ar family coverage by that carrier, for an employee under this Agreement, in his/her last month of active employment. {n the event new carriers replace those in p{ace at execution of this Agreement, the dollar amounts being paid Sor single or famiVy coverage to the carrier at the employee's date of retirement shali constitute the limit on future contributions. Any empioyee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amount of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.2 Life Insurance Emolover Contribution. The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of life insurance only u�til their 65th birthday. No life insura�ce will be provided, or premium contributions paid, for any retiree age sixty-five {65) or over. Subd. 3. Benefit Eliaibilitv tor Emplovees After Aqe 65 3.1 Empiovees hired into the District before Julv 1. 1996, who retired before age 65 and are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, tor employer premium contributions for health insurance described in Subd. 4 of this Article. � 3.2 Emqlovees hired into the District before Julv 7, 1996, who retire at age 65 or older must have completed the eligihility requirements in Subd. t above or the following eligibility requirements to receive District contributions toward post-age-65 heafth insurance premiums: A. Employees hired before January 1, 1987, must have remained continuously employed by the District. For such employees or earfy retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. B. Employees hired on or after January 1, 1987 and prior to July 1, 1996, must have completed twenty (20) years of continuous employment with the District. For such employees or early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon thefr reaching age 65. Years of certified civil service time with the Gity of Saint Paul earned prior to July 1, 1996, will continue to be counted toward meeting the DistricYs service requirement of this Subd. 3. Civil service time worked with City of Saint Paul after May 1, 1996, will be considered a break in District employment. 3.3 Emplovees hired on or after Julv 1, 1996, shall not have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after July 1, 1996, shall be eligible for only earlv retirement insurance premium contributions as • provided in Subd. 2 and Deferred Compensation match in Subd. 5. 23 dS-5� ARTICLE 17. EMPLOYEE BENEFITS (continued) Subd. 4 Emplover Contribution L-evels for Retirees After Aqe 65 4.1 Emplovees hired into the District before Julv 1, 1996 and who meet the eligibility requirements i� Subdivisions 3.1 or 32 of this Article are eligible for premium contributions for a Medicare Supplement health coverage policy selecYed by the District. Premium contributions for such policy will not exceed: Coveraqe Tvpe Medicare Eligibie Non-Medicare Eligible Sinqle Familv $300 per month $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributio�s specified must be paid directly and in full by the retiree, or coverage will be discontinued. Subd.S. Emplovees hired after Julv 1. 1996, after completion of three (3) full years of consecutive active service in Independent School District No. 625, are eligible to participate in an employer matched Minnesota Deferred Compensation Plan or District- approved 403(b) plan. Upon reaching eligibility, the District will match up to $50 per paycheck up to $500 per year of consecutive aciive service, up to a cumulative Iifetime maximum of $12,500. Part-time employees working half-time or more will be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) fu(I years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3)-year requiremeni. Federal and state rules governing participation in the Minnesota Deferred Compensation Plan or District-approved 403(b) plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under IRS regulations. The employee must initiate an application to participate through the DistricPs spec'rfied procedures. ARTICLE 18. MILEAGE 18.1 Mileaqe Allowance. Employees of ihe School District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The mileage ailowance for efigible empioyees shall be established by the Board oi Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate established by the Internal Revenue Service. 18.2 Reimbursement Procedures. 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 school district administrator and in accordance with School District Business Office policies and procedures. 24 C � �..I • OS-5� • ARTICLE 19. SEVERANCE PAY 19.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year of the retirement as described in Busi�ess Office Rules. 19.2 To be eligible for the 403@) tax-deferred retirement program for sheltering severance pay and vacation pay, an employee must meet the following requirements: 19.2.1 The employee must be fifty-five (55) years of age or older or must be eligibie fior pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 1922 The employee must be voluntarily separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not eligible for this severance pay program. 19.3 If an employee notifies the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and if the empioyee meets the eligibility requirements set forth in 19.2 above, he or she will receive a District contribution io the School District No. 625 4�3(b) Tax-Deferred Retireme�t plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $85 for each day of accrued, unused sick leave, up to 200 days. Effective July 1, 2005, this amount will be $90 for each days of accrued, unused sick leave, up to 188.89 days. � 19.3.1 If an empioyee notifies the Human Resource Department in less than three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirement set forth above, he or she will receive a District contribution to the Schooi 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 feave up to 231 days. 19.32 If exigent circumstances exist, such as a sudden illnessfinjury of the employee or immediate family member necessitating immediate retirement, and if the employee 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 Shelteri�g Severance Pay and Vacation Pay in an amount equal to $85 pay for each day of accrued, unused sick leave up to 200 days (effective July 1, 2005, $90 pay for each day of accrued, unused sick leave up to 188.89 days). 19.4 The mauimum amount of severance pay that a�y employee may obtain through this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay is $17,000. 19.5 For the purpose of this 403(b) Ta�c-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, contributions to the 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay shall be made to the empioyee's estate. 19.6 For the purpose of this 403(b) Tax-Deterred Retirement Plan for Sheltering Severance • Pay a�d Vacation Pay, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of empioyment, and such transferee shall not be eligible for this plan. 25 D 5- 5� ARTICLE 20. DISCIPLINE • 20.� The Employer will discipline employees for just cause only. Discipline will be in the form of: 20.1.1 Oral reprimand; 20.1.2 Written reprimand; 20.1.3 Suspension; 20.1.4 Reduction; 20.1.5 Discharge. 202 A notice in writing of Suspensions, Reduciions, and Discharges shall be sent to the employee and the Union seveniy-two (72) hours after such action is taken. 20.3 Employees and Yhe Union will receive copies ot written repr�mands and notices of suspension and discharge. 20.4 Employees may examine all information in their Employer personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 20.5 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 disciplirte. That supervisor will then schedule a meeting with the employee prior to making a final determination of the proposed discipline. The employee shall have ihe 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. 20.6 An employee to be questioned concerning an investigation of disciplinary action shall have fhe right to request that a Union representative be present. 20.7 Empioyees who are suspended, demoted or discharged shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions ot Article 21 (Grievance Procedure); as an aiternalive option, such employee can request a review, consistent with Minnesota Statute § 179A20, Subd. 4. Once an employee or the Union acting in the empioyee's behalf initiafes review in one forum, ihe matter shall not be again reviewed in another forum. Oral reprimands shall be subject to the grievance review procedures through Step 3 only. An empioyee who elects the contractual grievance procedure as the forum for review of a discip(inary action has not thereby waived any rights secured to him/her under Minnesota Statute § 197.46, other than the choice of forum for review. • 26 OS-5� � AR7IGLE 2�. GRIEVANCE PROCEDURE 21.1 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. 212 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss of 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 the work programs of the Employer. 21.3 The procedure established by this Article shalf be the sole and excfusive procedure, except for the appeal of discipiinary action as provided by Article 7, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. A grievance shall be resoived 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 emptoyee's supervisor. If the matter is not resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged � violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance shall be co�sidered waived. At this step only, an extension of seven (7) additional calendar days shall be granted automatically if requested by the Susiness Representative or steward. Step 2. Within fourteen (14) calendar days after receiving the written grievance, a designated Employer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains u�resolved, the Employer shall reply in writing to the Union within fourteen (14) cafendar days following this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within fourteen (14) calendar days following receipt of the Employer's answer shall be considered waived. Step 3. W ithin fourteen (14) cafendar days foilowing receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the Union Business Manager or designated representative and attempt to resolve the grievance. Within fourteen (14) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Empfoyer'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 fourteen (14) calendar days following receipt of the Employer's answer shall be considered waived. i 2� os-5� ARTICLE 21. GRIEVANCE PROCEDURE (coniinued) . Steo 4. If the grievance remains unresolved, the Union may within fourteen {14) calendar days after the response of the Employer in Step 3 by written notice to the Employer, request arbitration ot the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within fourteen (14) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said fourteen (14)-day period, either party may request the Bureau of Mediation Services to submii a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; ihe Empfoyer shaff then strike one (1} name. The process will be repeated and the remaining person shall be the arbitrator. 21.4 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power To make decisions contrary to or inconsisYent 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 shall be submitted in writing wiihin thfrty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbiirator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presenied. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 21.5 The fees and expenses ior the arbitrator's services and proceedings shaA be borne equaliy by the Empioyer and the Union, provided that each party shall be responsibfe 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. 21.6 The time limits in eacfi step of this procedure may be extended by mutual agreement of the Employer and the Union. 21.7 Ii is understood by ihe Union and fhe Employer that it an issue is resolved at any step by this grievance procedure, that issue shail not again be submitted for review under the provisions of the Rules and Regulatio�s of Civil Service. It is further understood that if an issue is submitted and resolved at any step by the grievance procedure under the Civil Service Rules and Regulations, It shall not be submitted for review and arbitration under procedures set forth in this Article. � J � os-s� • ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-down, stay-in or other concerted interference with the Employer's business or affairs by said Unio�s and(or the members thereof, and there shall be no bannering during the existence of this Agreement without first using all possible means of peacefui settfement of any controversy which may arise. 22.2 No lockout, or refusal to allow employees to pertorm available work, shall be instituted by the Employer and/or its appointing authorities during the (ife of this Agreement. ARTICLE 23. NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individuai because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities m a nondiscriminatory manner as such duties and responsibilities involve other employees and the general pubfic. � • 29 C75- S!� ARTICLE 24. TERMS OF AGREEMENT 24.1 Comolete Aqreement and_ Waiver of Saraaininq. This Agreeme�t shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and oppoRunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and ihat the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savinqs Cfause. 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 hold to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appea! has been taken within the time provided, such provision shall be voided. All other provisions shall continue in full force and effect. 24.3 Terms of Aqreement. Excepf as herein provided, fhis Agreemenf shall be effective as of July 1, 2004, and shall continue in full force and effect through the 30th day of June 2006, and shall be automatically renewed trom year to year thereafter unless either party shall notify the other in writing at least sixty (60) days before the termination of this Agreement that it desires to modify or terminate this Agreement. In witness thereof, the parties have caused this Agreement to be executed as signed and dated be(ow. 24.4 This constitutes a tentative Agreement between the parties which will be recommended by the District Negotiations and Employee Relations Manager, but is subject to the approval of the Board of Education, and is also subject to ratification by the Union. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NTERNATIO AL U ION OF N0.625 ENGINEERS O NO_ �.Zr�h�.� �� � l Chair, Byard of Education Business Manager, Loca y! Manager Manager Relations /<� 02 � -c� �f' Date � Business Representative, Local N� ���� President, Local No. 70 '�/?'�/12�...2�.. y�/�-�?,ri>.l Recordin S�cr ry, Locai lo. i ,�v .i , << Chief� eward, Local No. 70 iD -7 -�� Date 30 • � • b • 0 � v • APPENDIX A: 20�4-2�06 WAGES The hourly wage rates and salary ranges for classifications in this unit are effective June 26, 2004, as follows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Gustodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Facility Services Worker Custodian* Trainee (Custodian-Engineer) Return to Work Probationary Rate $12.11 Probationary Rate $16.59 Entrv $10.15 Base Rate $12.11 Probationary Rate $2123 20.49 19.83 19.33 18.93 Base Rate $12.71 Base flate $17.86 After 6 Months $ i 1.76 Base Rate $22.29 21.60 2�.94 20.43 19.74 After After 1 vear 2 ears $13.81 $14.67 After After 1 Year �g Months $13.38 $14.98 Personnel hired for employment with the District after the date of the signing of this Agreement, to a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate" hourly wage rate duri�g their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the positions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourly wage rate, notwithstanding that the employee must complete a promotional probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the ciassification in which they are employed. `Abolished except as to present incumbents. 31 O�� �� APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE � The purpose of this Appendix is to state clearly the intent of the parties regarding procedures which will be used to call and/or assign employees in the unit for overtime work during the term of the 2004-2006 Labor Agreement. These procedures shall become effective beginni�g with the first fuli month after the Board oi Education adoption of the 1998-2000 Labor Agreement. Renewaf, revision, or continuation of these provisions wi(I occur only if the parties sc agree. Absent such agreement, the provisions of this Appendix B terminate June 30, 2006. Section 1. Qualified Emplovees A qualified person for all provisions oi this policy is a regular full-time custodian or facility services worker, or custodian-engineer wha holds the appropriate iicense for the task, and has demonstrated satisfactory job pertormance. 1.1 An empfoyee who has specified physical restrictions which impair his/her ability to pertorm a particular overtime task will not be assigned the overtime; for purposes of calling order he/she will be considered, however, as having worked that overtime. Section 2. Overtime Within a Buildinq Employees assigned to a particular building will have the first opportuniTy to work overtime in thaf buiiding. Persons who are inferested in working overtime in the building will be required to sign in advance. The employees will be placed on a list in order of District seniority. When a need for overtime arises, the qualified most senior employee on the Iist will be called first unless the � employee has already worked overtime in that fiscal year. It the qualitied most senior employee has already worked overtime in Yhat tiscal year, the neM qualified employee on the list will be called until all employees in the buiiding have worked overtime. When ali employees have worked overtime, the process will be repeated. When an employee is asked to work overtime in the buiiding and refuses, he/she will be considered as having worked that overtime. If there are no employees in the building who want to work overtime, then the overtime shall be classified as District overtime and distributed as described below. 2.1 When an employee is newly assigned to a building, his/her oveRime eligibility history for thai location will be determined by assigning to him/her the average of overtime hours credited to date for all affected empioyees in that focation (average of hours worked and/or refused). 2.2 The overtime history of each employee wifl be carried over from year to year in each building for that building. Section 3 District Overtime When there is District overtime work to be done on a planned basis (i.e., it is of a �on-emergency nature), regular employees assigned as relief staff will have the first opportunity to work the overtime. Qualified relief staff members will be contacted for the overtime work in seniority order (i.e., mosi senior first) unless the employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she will be considered as having worked that overtime assignment. If there are not sufficient qualified reliet staff employees available, qualified employees listed as available tor emergency call out wiH be called by the same procedure. • 32 05-s� APPENDIX B: EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE (continued) • Effective July 1, 1998, the assigned relief staff will no fonger have first opportunity to work District overtime. In September of each year Facility Operations wiil aifow people interested in working District overtime to sign up to be called. The mosc senior employees in one of three groups, 1) Facility Services WorkedCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for overtime needed in the group based on seniority order, unless employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she will be considered as having worked that overtime assignment. If there are not sufficient qualified relief staff employees available, qualified employees Visted as avaifable for emergency call out will be calted by the same procedure. Section 4 Mandatorv Overtime The District retains the right to institute mandatory overtime if there are inadequate volunteers to meet District needs. The mandatory system requires that the least senior employee who has not worked overtime wiif be required to work first and so forth. Shou�d mandatory overtime become necessary, employees who have voluntarily worked overtime will be credited with the hours they have previously worked. Section 5 Emeraency Call Outs This equalization of overtime does not appiy to emergency cali outs requesting that overtime be worked. A qualified employee who is willing to accept emergency overtime assignment immediately upon notification may ask to be listed as available. The District will not list an � employee for emergency call out if the employee has refused overtime work several times, or is not qualified. The District, in assigning emergency call out, will do so as equitably as circumstances permit. 5.� The District will periodically provide to the Union a copy of the emergency call-out list, and a tally of time worked. Section 6. Overtime Resultinq from 6uildinglProaram Moves Overtime resulting from moving a program or a staffJstudent popufation from one buildingJfocation to another will be treated as buifding overtime for staff in the location from which the move originates. If more overtime workers are needed than the originating location can supply, the District overtime procedure will be used to secure additional workers. Section 7 Grievance Process An afleged violation of these procedures can be presented to the Employer by the Union for review under the grievance procedures of the labor contract through Step 3, as the final appeal. Step 3 review is at the level of the Superintendent of Schools, or his/her designee. u 33 05-S� APPENDIX C MEMORANDUM OF UNDERSTANDING REGARDING TRAINfNG FOR INTERNATIONAL UNION O� OPERA7ING ENGINEERS, LOCAL NO. 70 This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 625, Saint Paul Public Schools, and International Urtion of Operating Engineers, Local No. 70, exclusive representative for c�stodial service empioyees in the Saint Paul Public Schools. The purpose of this Memorandum is to establish a cfear understanding of intent of the parties regarding conditions governing a premium pay rate for advanced training for certain classifications of employees in this bargaining unit. Statement of Intent and Purpose It is the intention of the Employer, during the term of this Memorandum of Understanding (through June 30, 2006} fo continue a program of special training for employees who occupy the titles: Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education The purpose of the training will be to strengthen the practical management skills of these employees, particularly with respect to tulfilling the responsibilities of these particular titles. • It is the desire and intent of the Employer that all employees who occupy these titles, boih � currently assigned and prospectively, wiil complete this training at the earliest possible opportunity. The training is designed, prescribed, and provided by the Employer at no cost to the employee who has been regularly appointed to a listed title. The training will be taken during the employee's own unpaid time. Effeciive July 1, 1996: Engineers who were hired before July 1, 1996, and have not been oifered the advanced iraining program wifi receive the premium effective July 1, 1996. 2. Engineers who have already completed the required training and qualified for premium payment, or those engineers granted the premium in #1 above, must participate in a required refreshedretraining course, if one is offered by the employer, of one or rivo sessions every year in order to retain eligibility for premium payment. The Employer will provide a premium pay factor according to the following formula for current and future emp(oyees in these titles who have satisfactori(y compfeted the prescribed training course, and have delivered to the Office of Plant Pianning and Maintenance evidence of such satisfactory completion. The premium pay shal! become effective with the first fuU pay period after completion of the training, but shali not be paid until the evidence of satisfactory completion has been received by the Employer. in no case shall the premium be effective retroactively for more than a three (3)- month period. u 34 05-5� r1 LJ MEMORANDUM OF UNDERSTANDING (continued) Premium Formula Effective June 29, 2002: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Soard of Education Custodian-Engineer 2, Board ot Education Premium above Stated Rate 90¢ perhour 60¢ per hour 30¢ perhour 20¢ per hour Emplovee Newlv Appointed to Titie An empioyee newfy appointed to one of these titles after the adoption of this Agreement will be granted premium payment as foliows: If the training course for a newly appointed engineer is less than six (6) months tin length, the engineer will receive the ful4 premium effective with the first full pay period after satisfactory completion of the course. If the training course is more than six (6) months �n length, the engineer in training will be eligible for fifty percent (50%) premium payment effective with first full pay period after satisfactory compietion of one-half (1/2) of the training program. � Shoufd the employee fail to satisfactorily complete the training within the time periods established for the course, the partial premium payment wifl be discontinued and no premium will be paid until such time as the satisfactory completion has been accomplished. Evidence of satisfactory compfetion shafl have been delivered by the employee to the Office of Plant Planning and Maintenance before the partial or full premium can be paid, and retroactive adjustment shali not exceed three (3) months. This Memorandum of Understanding shall be effective as of July 1, 2004, and shail expire on June 30, 2006. ` INDEPENDENT SCHOOL DISTRICT NO. 625 �^-r"U�"r/J �h.�'i/7.� Chair, Board of Education Manager Assistant Manager Relations 1l> -�?/ - � � Date Manager,�of.al No. OPERATING Busi ess Representativg, Loc l. _ i7 .fJ ..A.;/��— President, Local No. 70 `� �'/�n� �� a� �iy� Recording,�eGr�t�, Local N� 7n Chief $f�ward, Local No. 70 /� °�7-Uy � 35 4S- 56 A Adoption Leave .......................................... 17 B Bidding ......................................................... 8 Bidding for Location .....................................8 C Call-In Pay ................................................. 13 CourtDuty ................................................. 19 D Discipline................................................... 26 Dues.....................................................•-�-°- 3 E Equalization ot Overtime ..................... 14, 32 F FairShare ....................................................3 Family Medical Leave ................................ 17 Flexible Spending Account ........................21 G Grievance Procedure .................................27 H Health Insurance .......................................20 Holidays..................................................... 12 Hours......................................................... 13 L Leave of Absence ......................................16 Life Insurance ............................................21 Lockouts.-•-°°--° ........................................ 29 LongevityPay ............................................ 14 Long-Term Disability ..................................21 M Maternity/Parental Leave ...........................18 Mileage...................................................... 24 Military Leave Of Absence .........................19 N Nondiscrimination ...................................... 29 O Overtime ....................................................14 (NDEX P PremiumPay .............................................13 Premium Pay for Shift Differenfial .............13 R Recall From Workforce Reductions ............7 Retirement Health Insurance .....................22 S Safety Shoes .............................................15 Sen io rity ....................................................... 6 Seniority for Bidding On Location ................ S Seniority for Shift Selection ..........................9 Se�iority Termination .................................10 Severance Pay ...........................................25 Shop SYeward ..............................................2 Sick Child Care ..........................................16 Sick Leave .................................................16 Sick Leave - Medical Verification ...............17 Sick Leave Conversion ........................11, 18 Sick Leave Incentive ..................................18 Sick Leave Requests .................................17 Special Duty Pay ........................................14 Strike .......................................................... 29 T Temporary Empioyment ..............................4 Temporary Employment Casual Service.....4 Temporary Employment Extended Service .5 Temporary Employment Short-Term...........4 Training ...................................................... 34 U Uniforms....................................................15 Union Membership .......................................3 UnionRights ................................................2 Union Stewards ...........................................2 V Vacation.....................................................11 W Wages .......................................................31 Work Interference ......................................29 Work Schedule--•--...--•--•• ...........................13 W orking Out ot Classitication ....................14 T � � • �