07-172C1TY
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RESOLVED, that the Council ofthe City of Saint Paui hereby approves and ratifies the attached
Employment Agreements betv✓een the Independent School District #625 and the Minnesota Teamstets
Local No. 320 (July 1, 2005 — June 30, 2007), District Lodge No. 77, Intemational Association of
Machinists and Aerospace Workers — AFL-CIO (July 1, 2005 — June 30, 200'n, The Tri-Council: Local 49,
Loca1120, and Loca1132 (July 1, 2006 — June 30, 2008) and the International Brotherhood of Electrical
Workers, Local 110 (May l, 2006 through Apri130, 2009).
0
0
Requested by Department of.
Adopted by Council: Date -��'J �Q �
Adoption C by Co Secretary
BY• ./ / f//�/c.��0 l,E-stv� /
Approved by May : Date �1/ /'L/ Q' ]
Br•
Council File # D 7" l 7 �,
Green Sheet # 3036689
RESOLUTiON
SAINT PAUL, MINNESOTA b
Form A ayo fo�r� S to Council
BY � �. ( ///s . l/ �
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Contact Person & Phone:
dason Scht�
266-6503
Doe.Type: RESOLUTION
E-0oeumerrt Required: N
DocumeM CoMaet:
Co�Haet Phone:
OZfFB-0T
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Aasign 1
Number Z
For
Routing 3
Order . 4
5
Totai � of Signature Pages _(Clip NI Locatio� for Signature)
Green Sheet NO: 3036689
uman Rewarces
¢mavResourees D artmentDiiector
Attorne
s or's Offia orlAsvistsnt
ounal
• C�e� ' CIeAc
Approval of the attached ISD #625 Employment Agreements (MN Teamsters #320, Machinists, Tri-Council and Electriciaos).
Plannirg Commission 1. Has this persoNfirm ever worked under a contract forthis departmeM7
CIB Committee Yes No
Civil Service Commission 2. Has this persoNfirm ever been a city empbyee7
Yes No
3. Does this persoNfirm possess a skill not rwrmalty possessed by any
cuaeMCity emP�y�7
Yes No
Explain al� yes answers on separete sheet and attach to green sheet
Inktating Problem, luues, Opporcunity (Who, What, When, Where, Why):
Employment agreemenu have already expired.
AdvaMages HApproved:
None
DisadvaMages If Approved:
None
DlsadvaMages M Not Approved:
None
Transaction:
Funding Souree:
Finaneiat l�ormafion:
, (Explain)
CosURevenue BudgMed:
Aetivky Number.
�P"d 1S`.�r*✓a�E:1�+ �
CC`�s� 4
�. �,' � I �, �..:
February 2, 2007 4:55 PM
Page 1
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: April 25, 2006
0 7/7�
TOPIC: Approvai of an Employment Agreement With International Brotherhood of
Electrical Workers, Local 110, to Establish Terms and Conditions of
Employment for 2006-2009
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2006 through April 30, 2009.
2. Contract changes are as follows:
Waqes: Wage and benefit changes reflect prevailing wage for the industry. The second and
third year will be a reopener for wages only.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has 13 regular F.T.E. in this bargaining unit.
5. This contract maintains the DistricYs fiscal structural balance.
6. The maintenance of buildings promotes a quality learning environment that supports the
teaching target of preparing all students for life.
7. This request is submitted by Wayne Arndt, Negotiations/Employee Relations Manager;
Kimberly Janes, Negotiations/Employee Relations Assistant Manager; Teresa Rogers,
Executive Director of Human Resources and Employee Relations; Patrick Quinn, Executive
Director of School Services; and Lois Rockney, Executive Director of Business and Financial
Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom International Brotherhood of Electrical Workers, Local 110, is the exclusive
representative; duration of said Agreement is for the period of May 1, 2006 through April 30, 2009;
and that the Board of Education of Independent School District No. 625 adopt a resolution that
this contract maintains the DistricYs tiscal structural balance.
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUGATION
SAINT PAUL PUBLIC SCHOOLS
DATE: August 15, 2006
TOPIC: Approval of Employment Agreement Between independent Schooi District
No. 625 and Tri-Council Local No. 49, Local No. 120, and Local No. 132,
exclusive representative for Drivers, Grounds and Labor Employees, and
Heavy Equipment Operators
A. PERTINENT FACTS:
1. New Agreement is for a two-year period from July 1, 2006, through June 30, 2008.
2. Contract changes are as follows:
Waaes: Effective June 24, 2006, increase wage schedule 2.5%. The 15-year longevity step
is increased to $.50 above base rate. Effective June 23, 2007, increase wage schedule 2.5%.
Insurance: Effective January 2007, the district monthly contribution of $430 for single
coverage is increased to $458; the district monthly contribution of $740 for family coverage is
increased to $810. Effective January 2008, the district contribution for single coverage is
increased to $450; family coverage is increased to $900.
Supplemental Pension: Effective June 24, 2006, the District contribution to the Laborers
Supplemental Pension Fund will increase $.10 to $.55 for all hours worked. Effective June
23, 2007, the District contribution will increase $.05 to $.60 per hour.
Safetv Shoes: Effective June 24, 2006, the District will increase the safety shoe allowance
from $150 to $200.
Severance: Employees who provide three months notice of retirement will receive $90 per
day for each day of unused sick leave up to a maximum of $17,500.
Compensatorv Leaves: Language standardized to be consistent with other agreements for
bereavement leave, court duty leave, adoption/father of newborn child leave, military leave
and family illness leave.
Plaster Tender: The classification for temporary Plaster Tender is added and will be
compensated at the prevailing wage rate.
3. The District has 19 regular FTE's in this bargaining unit.
4. This contract maintains the DistricYs fiscal structural balance.
5. This contract supports the DistricYs goal of creating institutional change.
6. This request is submitted by Kimberly Janes, Negotiations/Employee Relations Assistant
Manager; Wayne Arndt, Negotiations/Employee Relations Manager; Teresa C. Rogers,
Executive Director of Human Resources and Employee Relations; and Lois Rockney,
Executive Director of Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment for Tri-Council Local No. 49,
Local No. 120, and Local No. 132, exclusive representative for Drivers, Grounds and Labor
Employees, and Heavy Equipment Operators in this school district; duration of said Agreement is
for the period of July 1, 2006, through June 30, 2008; and that the Board of Education of
Independent School District No. 625 adopt a resolution that this contract maintains the DistricYs
fiscal structural balance.
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
ST. PAUL PUBLIC SCHOOLS
DATE: November 15, 2005
TOPIC: Approval of Employment Agreement Between Independent School District
No. 625, Saint Paul Public Schools, and District Lodge No. 77 International
Association of Machinists and Aerospace Workers AFL-CIO, Exclusive
Representative for Machinists
A. PERTINE►VT FACTS:
1) New Agreement is for a two-year period from July 1, 2005, through June 30, 2007.
2) Contract changes are as follows:
Waq2S: Effective June 25, 2005, the salary schedule is increased 2.5%. Effective
June 24, 2006, the salary schedule is increased by an additional 2.5%.
Insurance: Effective January 2006, the District monthly contribution for single coverage is
increased from $370 to $420; family coverage is increased from $610 to $740; effective
January 2007, the District contribution for single coverage is increased to $458, family
coverage is increased to $810. Effective January 1, 2006, the District will contribute up to
$35 per monthfor single dentalinsurance.
Effective January 1, 2006, life insurance coverage is increased from $25,000 to $50,000.
Severance Pav: The maximum amount of severance that an employee can receive from
accrued sick leave is increased from $16,000 to $17,000.
3) The District has six (6) regular employees in this bargaining unit.
4) This contract maintains the DistricYs fiscal structural balance.
5) This contract supports the DistricYs goal of creating institutional change.
6) This request is submitted by Wayne Arndt, Negotiations/Employee Relations Manager;
Teresa C. Rogers, Executive Director of Human Resources and Employee Relations; Patrick
Quinn, Executive Director of Operations; and Lois Rockney, Executive Direcior of Business
and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those machinist employees in
this school district for whom District Lodge No. 77 International Association of Machinists and
Aerospace Workers AFL-CIO, is the exclusive representative; duration of said Agreement is for
the period of July 1, 2005, through June 30, 2007; and that the Board of Education of Independent
School District No. 625 adopt a resolution that this contract maintains the DistricYs fiscal structural
balance.
.
ARTICLE TITLE
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C I
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
INDEX
Preamb le ......................................................................................
Purpose..... . ...............................................................................
Recognition..................................................................................
EmployerRights ........................................................................��-
UnionRights ................................................................................
Scope of the Agreement ..............................................................
Probationary Periods ....................................................................
Philosophy of Employment and Compensation ...........................
Hoursof Work ..............................................................................
Overtime ......................................................................................
Call Back ......................................................................................
WorkLocation ..............................................................................
Wages.........................................................................................
FringeBenefits .............................................................................
Selection of Lead Electrician, General Lead Electrician,
Master Electrician, and Master Building
Controls Electrician ............................................................�---...
Holidays.......................................................................................
Disciplinary Procedures ...............................................................
Absences from Work ................................................................�-�
Sen iority .......................................................................................
Jurisdiction...................................................................................
Separation from Employment ......................................................
Tools............................................................................................
Grievance Procedure ...................................................................
Right of Subcontract ....................................................................
Non-Discrim ination .......................................................................
Severability ....... ............................................................................
Waiver......---� � ...............................................................................
Mileage - Independent School District No. 625 ............................
CourtDuty Leave .........................................................................
ParentaUMatemity/FMLA Leave ...................................................
RequiredTraining ........................................................................
Duration and Pledge .............................................�---�--................
AppendixA ..........................................................................
AppendixB ..........................................................................
AppendixC ..........................................................................
AppendixD ..........................................................................
AppendixE ..................................................�---....................
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PAGE
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PREAMBLE
This Agreement is entered into between Independent Schooi District No. 625, hereinafter
referred to as the Employer, and the Intemational Brotherhood of Eiectrical Workers, Local 1�0,
hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of Independent School District No. 625 for the benefit of the
general public through effective iabor-management cooperation.
The Employer and the Union both realize that this goal depends not only on the words in
the Agreement but rather primarily on attitudes behveen people at all levels of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees wili best serve the
needs of the general public.
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� ART(ClE 1. PURPQSE
1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
�.1.1 Achieve orderly and peaceful relations, thereby establishing a system of
uninterrupted operations and the highest level of employee performance that is
consistent with the safety and well-being of all concerned;
1.12 Set forth rates of pay, hours of work, and other conditions of employment as
have been agreed upon by the Employer and the Union;
1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the
appfication or interpretation of this Agreement withoui loss of manpower
productivity.
12 The Employer and the Union agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is in
conflict with such legislation, the latter shall prevail. The parties, on written notice, agree
to negotiate that part in confiict so that it conforms to the statute as provided by Article 25,
Severability.
ARTICLE 2. RECOGNITION
• 2.'f The Employer recognizes the Union as the exciusive representaCnre fior collective
bargaining purposes for all personnel having an empioyment status of regular,
probationary, and temporary employed in the classes of positions defined in 22 as
certified by the Bureau of Mediation Services in accordance with Case No. 89-PR-2348
dated December 11,'1989.
2.2 The classes of positions recognized as being exclusively represented by the Union are as
fisted in Appendix A.
ARTICLE 3. EMPl.OYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizationai structure; to select,
direct, and determine the number of personnel; and to pertorm any inherent manageriai
function not specifically limited by this Agreement.
32 Any `Yerm or condition of employment" not estabiished by this Agreement shafl remain
with the Employer to eliminate, mod'rfy or establish following written notification to the
Union.
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ARTlCLE 4. UNIOiJ RIGHTS •
4.1 The Employer shall deduct from the wages of empioyees who authorize such a deduction
in writing an amount necessary to cover monthly Union dues. Such monies deducted
shall be remitted as directed by the Union.
4.1.1 The Employer shali not deduci dues from the wages of employees covered by
this Agreement for any other labor organization.
4.12 The Union shall indemnify and save harmiess the Employer from any and all
claims or charges made against the Employer as a result of the implementation
of this Article.
4.2 The Union may designate one (1) empioyee from the bargaining unit in each department
to act as a Steward and shali inform the Empioyer in writing of such designation. Such
employee shall have the rights and responsibilities as designated in Article 22, Grievance
Procedure.
4.3 Upon not'rfication to a designated Employer supervisor, the Business Manager of the
lJnion or his/her desigrtated representative shall be permitted to ertter the facili�es of the
Employer where empioyees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement established the �terms and conditions of employmenY' defined by •
Minnesota Statute § �79A.03, Subdivision 19, for all empioyees exclusively represented
by the Union. This Agreement shall supersede such "terms and conddions of
employmenY' established by Civil Service Rule, Council Ordinance, and Council
Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
6.1 Alf personnel, originatly hired or rehired fotlowing separation, in a regular emp4oyment
status shall serve a six (6)-month probationary period duri�g which time the employee's
fitness and ability to perform the class of positions' duties and responsibilfties shall be
evaluated.
6.1.1
6.1 2
At any time during the probationary period an empfoyee may be terminated at
the discretion of the Employer without appeal to the provisions of Article 22,
Grievance Procedure.
An employee terminated during the probationary period shall receive a written
notice ot the reason(s) tor such termination, a copy of which shafl be sent to the
Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6) month
promotional probationary period during which time the employee's fitness and ability to
pesform the ciass of positions' duties and responsibitities shall be evaluated.
6.2.1 At any time during the promotional probationary period, an employee may be
demoted to the empioyee's previously-held class of positions at the discretion
of the Employer without appeal to the provisions of Articie 22, Grievance
Procedure.
6.22 An employee demoted during the promotional probationary period shall be
retumed to the empioyee's previously-heid class of positions and shali receive
a written notice of the reason(s) for demotion, a copy of which shall be sent to
the Union.
ARTIC�E 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.� The Employer and the Union are in full agreement that the philosophy of employmeni and
compensation shal{ be a"cash" hourly wage and "industry' iringe benefit system.
72
►I[e3
The Employer shall compensate employees for ali hours worked at the basic hourly wage
rate and hourly fringe benefit rate as found in Article 12, Wages and Fringe Benefits.
No other compensation or fringe benetit shail be accumufated or earned by an empfoyee
except as specifically provided for in this Agreement.
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ARTICLE 8. HOURS OF WORK
8.'I The normal workday shall be eight (8) consecutive hours per day, exciuding a thirty (30)
minute unpaid lunch period.
82 The normal work week shall be five (5) consecutive normai workdays in any seven (7) day
period.
8.3 Shifts other than the regular daytime shift Monday through Friday may be established.
Such shifts must be maintained for a period of at least one (1) work week. The second
sh'rft shall be a regularly-scheduled shift which follows a regularly-scheduled first shift of
five (5) hours or greater. The third shift shall be a regulariy-scheduled shift which foliows
a regularly-scheduled second shrft of five (5) hours or greater.
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For empioyees on a shift basis, this shall be construed to mean an average of forty (40)
hours a week.
This Section shaii not be construed as, and is not a guarantee of, any hours of work per
normal workday or per normal work week.
8.6 An empioyee normally working on a particular shift may be transferred from that sh'rft to
another shift upon one week's notice; provided, however, that in the event of a vacancy,
an employee may be assigned to anothar shift to fill such vacancy upon hventy-four (24)
hours' notice.
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All employees shall be at the work location designated by their supervisor, ready for work,
at the established starting time and shail remain at an assigned work location untii the end
of the established workday unless othervuise directed by their supervisor_
All employees are subject to call-back by the Employer as provided by Article 10, Cali
Back.
8.9 Employees reporting for work at the established starting time and for whom no work is
available shall receive pay for two {2) hours, at the basic hourly rate, unless not'rfication
has been given not to report for work prior to leaving home, or during the previous
workday.
8.10 The employer shall be required to give no less than six and one-half (6-1/2) hours notice,
when an emptoyee is to be laid off.
8.11 If an empioyee is required to work eleven ('li) consecutive hours or more that involve
scheduled overtime, the emp�oyee shall be ailowed to take a thirry (30) minute unpaid
meal break. Such meal break wili be taken within the first two (2) hours immediately
foilowing the normal workday, as defined in 8.1 of this Article.
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ARTICLE 9. OVERTIME
9.1 AII overtime compensated for by the Employer must receive prior authorization from a
designated Empioyer supervisor. No overtime work claim wiil be honored for payment or
credit unless approved in advance. An overtime claim will not be honored, even though
shown on the time card, unless the required advance approval has been obtained.
92 The overtime rate of one and one-half (1-1/2) the basic hourly rate shall be paid for work
pertormed under the following circumstances:
92.1
9.2.2
9.3
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9.5
Time worked in excess of eight (8) hours in any one normal workday, and
Time worked on a sixth (6th) day foilowing a normal work week.
The overtime rate of two (2) times the basic hourly rate shall be paid for work performed
under the following circumstances:
9.3.�
9.3.2
Time worked on a seventh (7th) day following a normal work week;
and
Time worked in excess of twelve (12) consecutive hours in a twenty-four (24)
hour period, provided that all "emergency' work required by "Acts of God" shali
be compensated at the rate of one and one-half (�-1/2).
For the purpose of caiculating overtime compensation, overtime hours worked shall not
be "pyramided," compounded or paid twice fos the same hours worked.
Overtime hours worked as provided by this Articie shall be paid in cash or in
compensatory time. The basis on which overtime shall be paid shall be determined soleiy
by the Employer. Compensatory time off must be approved by the Employer.
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ARTICLE 10. CALL BACK •
10.1 The Employer retains the right to call back employees before an employee has started a
normal workday or normal work week and after an employee has completed a nortnal
workday or normal work week.
�0.2 Employees called back shali receive a minimum of four (4) hours of pay at the basic
hourly rate (equais 2.7 hours at time and a half).
10.3 The hours worked based on a cali-back shall be compensated in accordance wfth Article
9, Overtime, when applicable, and subject to the minimum established by 102 above.
'I0.4 Employees called back four (4) hours or iess prior to their normai workday shali compiete
the normal workday and be compensated oniy for the overtime hours worked in
accordance with Artic(e 9, Overtime.
10.5 Stand by: Any employee who is required to be availabie for emergency service work on
weekends and holidays shali be guaranteed work or wages and fringes equivalent to:
40 minutes for Friday night
80 minutes for Saturday and Saturday night
80 minutes for Sunday and Sunday night
or
80 minutes for any holiday artd holiday night of such 24-hour shifts.
All of the above shall be at time and one-half (1-1/2) rate. If the employee is cailed in for
work, the above time shall be part of, not in addition to, the time worked.
ARTICLE 11. WORK LOCATION
1t.1 Employees shaf( report to the work (ocations as assigned by a designated Employer
supervisor. During the normal workday, employees may be assigned to other work
locations at the discretion of the Empioyer.
11.2 Empbyees assigned to ovork iocations during the normal workday other than their originat
assignment, and who are required to fumish their own transportation, shall be
compensated for mileage, as set forth in Article 27, Mileage.
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shall he paid for all hours
worked by an employee.
122 Regular employees shali be compensated in accordance with Article 12.1, Wages, and
have fringe benefit contributions and/or deductions made on their behalf as provided for
by Articte 13, Fringe Benefits.
'I2.3 Temporary employees shall be compensated in accordance with Article 12.1, Wages, and
have fringe benefit contributions and/or deductions made in their behalf as provided for by
Articie'13, Fringe Benefds.
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• ARTICLE �3. FRINGE BENEFITS
13.1 The Empioyer shall make contributions on behalf of and/or make deductions from the
wages of empioyees covered by this Agreement in accordance with Appendix D for all
hours worked.
13.2 The Employer will for the period of this Agreement provide, for those employees who
were "grandfathered" as eligible for the Employer's Health and Weifare Plan and who
have retired since February �5, �974, such heaith insurance premium contributions up to
the same dollar amounis as are provided by the Employer at the date of early retirement
and the cost of premium contributions toward $5,000 irfe insurance coverage untii such
employees reach sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision �32 and 13.3 the
employee must:
t32.1 Se receiving benefits from a pubiic employee retiree act at the time of
retirement.
132.2 Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.2.3 inform the Human Resource Department of independent School District No.
625 and Personnei Office of the City of Saint Paul in writing within sixty (60)
days of employee's eariy retirement date that he or she wishes to be eligible for
early retiree insurance benefits.
• 13.3 An employee who retired at age sixty-five (65) or iater and who met the criteria in 13.2, or
for eariy retirees who qualified under 13.2 and have reached age sixty-five (65) after
retirement the Employer will provide payment of premium for a Medicare supplement
health coverage policy selected by the Employer.
ARTICLE 14. SELECTION OF LEAD ELECTRICIAN, GENERAL LEAD ELECTRICIAN,
MASTER ELECTRICIAN, AND MASTER BUILDING CONTROLS
ELECTRICIAN
14.1 The selection of personnel for the class of positions General Lead Electrician, Lead
Electrician, Master Electrician, and Master Buiiding Controis Electrician shall remain
solely with the Employer.
14.2 Temporary Assignments
142.'I The class of positions Master Electrician, and Master Building Controls Electrician
shall be filled by employees of the bargaining unit on a"temporary assignment"
14.2.2 AII `Yemporary assignments" shali be made only at the direction of a designated
Employer supervisor.
142_3 Such `Yemporary assignments" shall be made only in cases where the ctass of
positions is vacant for more than one (1) normal workday.
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ARTICLE 15. HOLIDAYS
15.1 The following nine (9) days shall be designated as holidays:
New YeaPs Day
Martin Luther King Jr. Day
Presidenis' Day
Memoriai Day
Independence Day
L.abor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
January i
Third Monday in January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25
152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these three
(3) holidays falls on a Saturday, the preceding Friday shall be considered the designated
holiday.
'15.3 The nine (9) holidays shall be considered non-workdays.
'15.4 It, in the judgment of ihe Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Article 10, Cail
Back.
15.5 Employees called in to work on a designated holiday shali be compensated at the rate of
two (2) times the basic hourly rate for ali hours worked.
15.6 If Martin Luther King, Jr. Day or Presidents' Day falls on a day when school is in session,
the empioyee shall work that day at straight time and another day shall be designated as
the holiday. This designated holiday shall be a day determined by agreement between
the employee and his supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when schooi is not in session, that day will nortnally be an unpaid holiday. If the Employer
schedules work on such days, employees wiil be offered an opportunity to work that day
at the straight-time rate and will not be required to take another day off to replace the
holiday. If the employee is called in on such day, they will be calied in acxordance with
Article 10 and paid as in 15.5.
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ARTICLE 16. DISCIPLINARY PROCEDURES
16.� The Empfoyer shafi have the right to impose discipfinary actions on empioyees for just
cause.
� 6.2 Disciplinary actions by the Employer shall include oniy the following actions:
16.2.� Oral reprimand;
16.22 Written reprimand;
162.3 Suspension;
16.2.4 Demotion;
162.5 Discharge.
'I6.3 Employees 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 of Article 22, Grievance Procedure); as an alternative option, such employee
can request review by the Civii Service Commission or a designated Board of Review,
consistent with Minnesota Statute § 179A20, Subd. 4. Once an employee, or the Union
acting in the empioyee's behalf initiates review in one forum, the matter shall not be again
reviewed in another forum. Oral reprimands shail not be subject to the grievance review
procedures.
�6.4 From the time of a documented disciplinary action of an employee, if no further instances
of documented discipline occur for iwenty-four (24) months, the record of aIl disciplinary
action will not be referred to in future disciplinary matters. This does not include matters
under Title 7 and the Minnesota Human Rights Act. If multiple disciplinary actions have
been taken over a period of time, as long as any one aetion is within twenty-four (24)
months of the most recent action, then all events may be referred to in other disciplinary
actions.
ARTICLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
17.2
17.3
Failure to make such notification may be grounds for discipiine as provided in Article 16,
Disciplinary Procedures.
Failure to report for work without not'rfication for three (3) consecutive normal workdays
may be considered a"quit" by the Employer on the part of the employee.
13
ARTICLE 18. SENIORITY
18.1 Seniority, for the purposes of this Agreement, shaii be defined as foilows:
18.1.1 °Master Seniority' - The iength of continuous regular and probationary service
with the Empioyer from the last date of employment in any and ali class titles
covered by this Agreement.
18.12 "Class Seniorit�' - The length of continuous regular and probationary service
with the Empioyer from the date an employee was first appointed to a class trtle
covered by this Agreement.
18.1.3 Employees hired on or after May 1, 2003, shali receive no seniority credft for
years of service wfth the City of Saint Paul.
18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a
leave is granted for a period of less than thirty (30) calendar days; is granted because of
iliness or injury; is granted to allow an empioyee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed fuli-time posdion with
the Union.
� 8.3 Seniority shall terminate when an empioyee retires, resigns or is discharged.
18.4 In the event ft is determined by the Employer that it is necessary to reduce the workforce,
employees will be laid off by class title within each department based on inverse length of
"Ctass Seniority." Recall from layoff shall be in inverse order of la}roff, except that recatt
rights shall expire after two years of layoff.
C J
18.5 The selection of vacation periods shall be made in class titie based on length of "Class •
Seniority," subject to the approval of the Employer.
ARTlCLE �9. JUfiISDICTION
19.Y Disputes conceming work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing emp(oyees of the
Employer.
192 The Empioyer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved.
19.3 in the event of a dispute conceming the pertormance or assignment of work, the unions
involved and the Empioyer shall meet as soon as mutuaily possible to resolve the dispute.
Nothing in the foregoing shall resfict the right of the Employer to accomplish the work as
originally assigned pending resolution of the dispute or to restrict the Employe�'s basic
right to assign work.
19.4 Any employee refusing to perEorm work assigned by the Employer and as clarified by
Sections 192 and 19.3 above shali be subject to discipiinary action as provided in Article
16, Disciplinary Procedures.
19.5 There shail be no work stoppage, slow down or any disruption of work resuiting from a
work assignment.
•
14
• ARTICLE 20. SEPARATION FROM EMPLOYMENT
20.1 Empioyees having a probationary or regular employment status shall be considered
separated from employment based on the foilowing actions:
20. � .1
20.1.2
20.1.3
•
u
Resionation. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the resignation.
Discharae. As provided in Article 16.
Failure to Reoort for Dutv. As provided for in Article t7.
202 Empioyees having a temporary employment status may be tertninated at the discretion of
the Empioyer before the completion of a normal workday.
ARTICLE 21. TOOLS
21.1 All employees shall personally provide themselves with the toois of the trade as listed in
Appendix E.
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shail notify
the Employer in writing of the names of the Stewards and of their successors when so
named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and shail therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The Steward involved and a
grieving employee shaii suffer no loss in pay when a grievance is processed during
working hours, provided the Steward a�d 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.
22.3 The procedure estabiished by this Article shall, except as previousiy noted in Article 16,
Disciplinary Procedures, be the sole and exclusive procedure, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
22.4 Grievances shall be resoived in conformance with the foliowing procedure:
Steo 1. Upon the occurrence of an alleged violation of this Agreement, the employee
i�volved shall attempt to resolve the matter on an informai basis with the
employee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion, it may be reduced to 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 seven (7) calendar days
of the first occurrence of the event giving rise to the grievance or within the use
of reasonable diiigence should have had knowiedge of the first occurrence of
the event giving rise to the grievance, shall be considered waived.
'I S
ARTICLE 22. GRIEVANCE PROCEDURE {continued)
Steo 2. Within seven (7) calendar days after receiving the written grievance, a
designated Empioyer Supervisor shall meet with the Union Steward and
attempt to resoive the grievance. If, as a result of this meeting, the grievance
remains unresoived, the Employer shall reply in wrding to the Union within three
(3) calendar days following this meeting. The Union may refer the grievance in
writing to Step 3 within seven (7) calendar days foilowing receipt of the
EmployePs written answer. Any grievance not referred in writing by the Union
within seven (7) calendar days foltowing receipt of the Employer's answer shall
be considered waived.
Steo 3. Within seven (7) calendar days foliowing receipt of a grievance referred from
Step 2, a designated Employer Supervisor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the grievance.
Within seven (7) calendar days fotfowing this meeting, the Employer shail repfy
in writing to the Union stating the Employer's answer conceming the grievance.
If, as a result of the written response, the grievance remains unresolved, the
Union may refer the grievance to Step 4. Any grievance not referred in writing
by the Union to Step 4 within seven (7) calendar days following receipt of the
Empioye�'s answer shaii be considered waived.
•
St_ ep 4. If the grievance remains unresolved, the Union may within seven (7) calendar
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arbitrator to be selected by mutual agreement of the
Employer and the Union wiihin seven (7) calendar days after notice has been
given. If the parties fail to mutually agree upon an arbitrator within the said
seven (7)- day period either party may request the Bureau of Mediation �
Services to submft 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 (1) name; the Employer shali then strike one (1) name. The
process will be repeated and the remaining person shall be the arbftrator.
22.5 The arbftrator 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
spec"rfic issue submitted in writing by the Employer and the Union and shali have no
authority to make a decision on any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modfijing or varying in
any way the application of laws, rules or regulations having the force and effect of law.
The arbitrato�'s decision shall be submitted in writing within thirty (30) days following dose
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 arbitratoPs
interpretation or application of the express terms oP this Agreemertt and to the facts of the
grievance presented. The decision of the azbitrator shall be final and binding on the
Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome
equaily by the Employer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. li either party cancels an arbitration
hearing or asks for a last-minute postponemeM that leads to the arbitrato�s making a
charge, the canceling party or the party asking for the postponement shall pay this
charge. If either party desires a verbatim record of the proceedings, it may cause such a
recoed to be made, providing ft pays for the record.
22.7 The time limits in each step of this procedure may be e�ctended by mutuai agreement of
the Employer and the Union. •
16
• ARTICLE 23. RIGHT OF SUBCONTRACT
23.1 The Employer may, at any time during the duration of this Agreement, contract out work
done by the employees covered by this Agreement. In ihe event that such contracting
would result in a reducfion of the workforce covered by this Agreement, the Employer
shall give the Union a ninety (90)- calendar day notice of the intention to subcontract.
232 The subcontraciing of work done by the employees covered by this Agreement shali in ali
cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 The terms and condftions of this Agreement will be applied to employees equally without
regard to or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or non-membership in the Union.
242 Employees wili pecform their duties and responsibilities in a non-discriminatory manner as
such duties and responsibilities involve other employees and the general public.
ARTICLE 25. SEVERABILITY
• 25.1 In the event that any provision(s) of this Agreement is declared to be contrary to law by
proper legislative, administrative or judicial authority from whose finding, determination or
decree no appeaf is taken, such provision(s) shalt be voided. All other provisions shatl
continue in full force and effect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the voided
provisions of the Agreement in compliance with the legisiative, administrative or judicial
determination.
•
17
ARTICLE 26. WAIVER
26.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals wdh
respect to any subject concerning the terms and condftions of employment. The
agreements and understandings reached by the parties after the exercise of this right are
fully and completely set forth in this Agreement.
26.2 Therefore, the Employer and the Union for the duration of this Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or conditions of
empioyment whether spec'rfically covered or not spec"rfically covered by this Agreement.
The Union and Employer may, however, mutuaily agree to mod"rfy any provision of this
Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conddions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
r 1
�J
SECTlON 1. MILEAGE ALLOWANCE. Employees ot the Schoo! Disirict, under policy adopied
by the Board of Education, may be reimbursed for the use of their automobiles for school
business. The mileage ailowance for eligibie employees shali be established by the Board of
Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate
established by the Intemal Revenue Service. �
SECTION 2. REIMBURSEMENT PROCEDURES. An employee must keep a record of each
trip made. Reimbursement shall be for the actual mileage driven in the pertormance of assigned
duties as ver'rfied by the appropriate school district administretor and in accordance with School
District Business Office policies and procedures
ARTICLE 28. COURT DUTY LEAVE
SECTfON 1. COURT CASES. Any employee who is duly subpoenaed as a witness in any
case in court shall be entitied to leave with pay for that purpose provided that the empioyee is not
a party in the case, and provided that the case is not the resuR of litigation undertaken by the
empioyee or the Federation against the District. In cases where the Board is a party in the
litigation, the employee shail be entitled to pay while attending as a wifiess at the request of the
Board or as a co-defendant in the case.
SECTION 2. REQUIRED JURY DUTY. Any empioyee who is required to serve as a juror shalt
be granted leave with pay while serving on jury duty contingent upon the employee paying to the
Board any tees received, minus travet allowance, for such jury service. The employee may seek
to be excused from jury duty.
C J
18
• ARTICLE 29. PARENTAUMATERNITY/FMIA LEAVE
29.1 PazentaVMatemiry Leave
29.1.1 Parental leave is a leave without pay or benefits which shali be granted upon
request subject to the provisions of this Section. It may be granted for reasons
of adoption or pregnancy and/or the need to provide parental care for a chifd or
children of the empioyee for an extended period of time immediately following
adoption or the conclusion of pregnancy, such period of leave shaii be no
longer than one calendar year in length. Leave up to six (6) calendar months
shail be granted upon request. Leave for more than six (6) calendar months is
at the discretion of the Employer.
29.1.2 In the case of adoption, the employee shail submit to the Director of Human
Resources of Independent School District No. 625 a written appiication
including the anticipated date of placement of the child, at least twelve (12)
weeks in advance of the anticipated date of placement, or earlier if possibie.
Documentation will be required.
29.1.3 When an employee is returning trom parentai leave extending over a period of
six (6) calendar months or less, the employee shall be placed, at the beginning
of the first pay period following the scheduled date of retum, in the same
position held prior to the leave or, if necessary, in an equivalent position.
29.1.4 When an employee has requested and been granted leave for a period longer
than six (6) caiendar months, but no more than iwelve (12) calendar months,
the employee will be placed in an equivaient position after the scheduied date
• of retum as soon as an equivalent vacancy becomes available. For purposes
of this provision, an equivalent vacancy is a position in the same titie which
exists, has no certified incumbent, which is to be fiiled, and for which no other
person has rights.
292 Familv Medical Leave. EHective February 1, 1994, leaves of absence shall be granted as
required under the federal law known as the Family and Medical Leave Act (FMLA) so
long as it remains in force. The Human Resource Department provides procedures which
coordinate contractual provisions with FMLA.
ARTICLE 30. REQUIRED TRAINING
30.1 If the District requires and in writing directs an employee to attend spec'rfied training or
educational classes outside the normai workday, the employee shall be paid for the hours
actually spent in attendance at such classes, at the basic hourly pay rate. The employee
will be required to provide verification of actual attendance and satisfactory compietion of
the training unit, or series. Training taken at the employee's option wifl not qualify for pay
under this provision.
�
19
ARTICLE 31. DURATfON AND PLEDGE
31.1 This Agreement shall become effective as of May 'I, 2006, and shall remain in effect
through the 30th day of April, 2009, and continue in effect from year to year thereafter
uniess notice to change or to ferminate is given in the manner provided in 312.
312 If either party desires to terminate or modify this Agreement effective as of the date of
expiration, the party wishing to modify or terminate the Agreement shall give written notice
to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to
the expiration date, provided that the Agreement may only be so terminated or modified
effective as of the expiration date.
31.3 In consideration of the terms and conditions .of employment established by this
Agreement and the recognition that the Grievance Procedure herein established is the
means by which grievances conceming its application or interpretation may be peacefuliy
resolved, the parties hereby pledge that during the term of the Agreement:
31.3.1 The Union and the employees wi(1 not engage in, instigate or condone any
concerted action in which employees fail to report for duty, willfully absent
themselves from work, stop work, slow down their work or absent themselves
in whole or part from the full, faithful performance of their duties of employment.
31.3.2 The Employer wiil not engage in, instigate or condone any lockout of
employees.
31.3.3 This constitutes a tentative Agreement between the parties which will be
recommended by the Negotiafions/Employee Relations Manager, but is subject
to the approval of the Board of Education and is also subject to ratification by
the Union.
The parties agree and attest that this Agreement represents the tul! and complete understanding
of the parties for the period of time herein specified by the signature of the following
representatives for the Empioyer and the Union.
W ITN ESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
� / - � 1 B �1 0 ���
C:hair, Board f Education
INTERNATIONAL BROTHERHOOD OF
ELECTRICAL WORKERS, LOCAI �10
//_ . -��.�_%_�/
� :-
; ,� `' <-E/B,!'�'c"'g�
President
� — ���Q�
Date
•
•
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20
7- S-��
Date
• APPENDIX A
follows:
The classes of positions recognized as being exclusively represented by the Union are as
General Lead Electrician
Lead Electrician
Master Electrician Master Building Controls Electrician
Electrician Buiiding Controls Electrician
Apprentice Electrician
and other classes of positions that may be established by the Employer where the scope of the
work duties and responsibilities assigned comes within the jurisdiction of the Union.
• APPENDIX B
For ali normal workweeks estabiished pursuant to the provisions of Article 8 of this
contract, which includes Sunday, the following provisions shall apply and govern:
1. All regular electricians employed prior to January 1, 1976, shali be offered assignment
to the workweek on a seniority basis, and all such empioyees shall have the right to
refuse assignment to the workweek. This refusal is subject to the provisions listed
below.
2. AII regular electricians employed subsequent to January 1, 1976, may be assigned to
vacancies in this workweek.
3. Ail regular electricians shall have the right to bid on and obtain assignment of a
position occupied by an electrician with lesser class seniority within thirty (30)
calendar days from the date that said position was {ast fiiled.
4. Any regular electrician may be assigned, on a temporary basis, to the workweek to
replace an electrician who is absent because of vacation, iilness, paid military leave,
jury duty or any other leave acceptabie to both parties. These temporary
assignments shall be made on the basis of seniority and in no instance shaii any one
employee be required to work on such temporary basis for more than fifteen (15)
workdays or the total temporary assignment to exceed ninety (90) workdays.
•
21
APPENDIX C
C1. The total hourly cost to the Employer for wages pius any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following
amounts:
Electrician
Building Control Electrician
Lead Electrician
Master Electrician
Master Building Controls -
Electrician
Generai Lead Elecirician
Effective
4/29/O6
$5220
5220
54.84
54.84
�
56.14
Effective
4/28/07
Effective
4/26/08
xx
xz
�,
C2. Taxable rate for emolovees covered bv PERA Pension Fund. The total taxable houriy
rate including wages and the vacation contribution in Appendix D and exciuding ail other
benefit costs and obligations in Appendix D, for regular and probationary employees
appointed to the fo)lowing classes of positions shaU be as foliows:
Electrician
Building Controi Electrician
Lead Electrician
Master Electrician
Master Buiiding Controis -
Electrician
General Lead Electrician
Effective
4/29/06
$34.65
34.65
36.77
36.77
kI:�II
37.86
Effective
4/28/07
Effective
4/26/08
" Note: The April 28, 2007. hourly 2tes in Appendices C1, C2, C2A, C3 and C4 shali be tletermined at a later date
basetl on the allocation agreed to by the Employer and the Union of the April 28, 2007, tohl hourly cost tletertnined for
tlie second year wage re-opener.
�"` Note: The Aprii 26, 2008, hourly 2tes in Appendices C7, C2, C2A, C3 and C4 shali be detertnined at a later date
based on the allocation agreed to by the Employer and the Union of the April 26, 2008, totai hourly cost detertnined for
the third year wage re-opener,
�
•
•
�
• APPENDIX C (continued)
C2A. Comoensation analvsis purooses oniv. These figures represent the portion of the
Appendix C1 rates above specrfically allocated to wages. These rates do NOT inciude
taxable contributions and therefore shouid NOT be used for tauable payroll calculations.
See Appendices C2 and C3 for tota! taxable payrolt intormation.
Electrician
Buifding Controf Electrician
Lead Electrician
Master Electrician
Master Building Controls -
Electrician
General Lead Electrician
Effective
4/29l06
$30.66
30.66
32.54
32.54
32.54
33.50
Effective
4l28/07
Effective
26/08
C3. Taxabte rate for reaular emplovees hired on or after Mav 1. 2000 and for emplovees
not covered bv PERA cension. The totai taxable hourly rate including wages and the
• vacation contribution in Appendix D for regular and probationary employees appointed to
the following classes of positions shall be:
Effective Effective Effective
4/29/O6 4/28/07 4/26/08
Electrician $36.67 � '*
Building Control Electrician 36.67 * *'
Lead Electrician
Master Electrician
Master Building Controls -
Eleetrician
General Lead Electrician
38.93 *
38.93 "
38.93 '
40.06 *
Note: In 2000, the pension laws were changed to exclude electricians hired by Saint
Paul Poblic Scfiools as of May 1, 2000, Trom PERA coverage.
0
`Note: The April 28, 2007, houdy rates in Appendices C1, C2, C2A, C3 and C4 shall be detertnined at a later date based
on the allocation agreed to by the Employer and the Union of the April 29, 2007, total twudy cost determined for ihe
second year wage re-opener.
• "'Note: The April 26, 2008, houdy rates in Append�ces Ct, C2, C-2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer and the Union of the Aprii 26, 2008, total hourty cost determined for
the third year wage re-opener.
23
APPENDIX C (continued)
C4. Taxable rate for temoorarv emulovees. The total taxable hourly rate including wages
and the vacation contribution in Appendix D for temporary empioyees appointed to the
following classes of positions shall be:
Electrician
Building Confrof E(ectrician
Lead Electrician
Master Electrician
Master Building Controls -
Electrician
General Lead Electrician
Effective
4/29/O6
$36.67
36.67
38.93
38.93
38_93
40.06
Effective Effective
4128/07 4/26/08
If a temporary employee working in a title listed in this Appendix C3 becomes subject to
the requirements of the Public Employees Retirement Act (PERq), which thereby requires
the Employer to make contributions to PERA, the calculated hourly base rate may change
so the Employer's cost does not exceed the amounts listed in C7 above.
General Lead Electrician-In-Charae Premium: For those employees assigned to perform the
function of Generai Lead Electrician-In-Charge, including supervising other Lead Electricians,
overseeing projects and providing scheduling and direction, the rate of pay will be equivalent to
the appiicable rate shown for General Lead E(ectrician in Appendix C1, C2, C2A or C3. Benefits
will be as shown in Appendix D.
C5. The basic hourly wage rates for the Apprentice class of positions:
This Section is held open for the addition of appropriate Apprentice rates according to the
St. Paul Ail-Chapter NECA and IBEW Local 110 in the event the Employer initiates the
empioyment of Apprentices.
' Note: The April 28. 2007, hourly rates in Appendices C2, C2A, C3 and C4 shall be detertnined ai a later tlate based on
the allocation agreetl to by the Employer and the Union of the May 'i, 2004, total houriy cost detertnined for the second
yearwage re-opener.
"Note: The April 2Q 2008, hourly mtes in Appendices Ct, C2, G2A, C3 and C4 shall be determinetl at a later date
based on the allocation agreed to by the Employer and the Union of the April 30, 2005 to�l hourly cost detertnined for the
third year wage re-opener.
•
C J
•
24
• APPENDIX C (continued)
C6. Generalltems
If the Union elects to have the contributions listed in Appendix D increased or decreased,
the Employer may adjust the rates in Appendix C, Sections G2 through C4 in such a way
that the total cast of the package (wage rate plus contributions) remains constant and
does nof exceed the amounts shown in Appendix C, Section C1.
The total cost to the Employer for compensation (wages and fringes) received by
employees covered by this Agreement shall be equivalent in money to the total package
paid by the employer to employees in comparable class'rfications in the Agreement
between Local � � 0 and the Nationat Electrical Contractors Association (NECA).
in the event Local 110 and NECA amend their bargaining agreement to provide for either
a wage or benefit freeze or reduction during the period of this Agreement, such freeze or
reduction shall be immediateiy applicable to the total compensation paid to empioyees
covered by this Agreement.
The total package cost shall exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the public
employer.
Shift Differential
For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or
• ending later than 6:00 p.m., provided that at least five (5) hours of the shift are worked
between the hours of 6:00 p.m. and 6:00 a.m., there shail be paid a night differential for
the entire shift.
For employees who work on a regularly-assigned shift beginning earlier than 6:00 a.m. or
ending later than 6:00 p.m., but less than five (5) hours of the shift are worked between
the hours of 6:00 p.m. and 6:00 a.m., there shali be paid a night differential for the hours
worked between the hours of 6:00 p.m. and 6:00 a.m.
The night differentiai shall be 5% of the base rate, and shall be paid only for those night
shifts actually worked.
\J
25
APPENDIX D
Effective April 29, 2006, the Empioyer shaii forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by
the Employer:
(1a) For regular empioyees, 13°/a of the Appendix C2A wages only rate per hour for all
hours worked from which all appropriate payroii deductions have been made to a
Union-designated Vacation Fund.
(1b) For temporary employees, 13% of ihe Appendix C3 rate per hour tor a!I hours
worked from which all appropriate payroil deductions have been made to a Union-
designated Vacation Fund.
(2) $6.41 per hour for all hours worked to a Union-designated Heafth and Welfare
Fund.
(3) For ail employees, 9.83% of the Appendix C3 rate per hour for all hours worked to a
Union-designated Pension Fund.
(4) For ali employees, 5.85% of the Appendix C3 rate per hour for ali hours worked to a
Union-designated Annuitv Fund.
(5) $2.49 per hour for aII hours worked to a Union-designated Reserve Trust Fund.
(6a) For regular employees, 3°/, of the Appendix C2A wages rate per hour for all hours
worked from which ali appropriate payroil deductions have been made to a Union-
designated National Empiovees Benefit Fund (N.E.B.F.1.
�
(6b) For temporary employees, 3°/a of the Appendix C3 wages rate per hour for all hours •
worked from which all appropriate payroll deductions have been made to a Union-
designated National Emplovees Benefit Fund (N.E.B.F.1.
(7) $.�0 per hour for all hours worked to a Union-designated Labor Manaaement
Cooqerative Committee Fund.
(8) $.47 per hour for all hours worked to a Union-designated Aporenticeshio Fund.
For aii employees, the Empioyer shall make legally established non-negotiated pension
contributions for ail appropriate employees to PERA. Changes in the mandated PERA
rate may change the calculated hourly base rate of pay so the EmployePs cast does not
exceed the amounts listed in C1 above.
For alt employees, the Emptoyer shall deduct the emptoyee's FICA withholdings as
appropriate from total taxable wages as required. The Employer shali deduct the
employee's appropriate Federal and State income tax withholdings, PERA deductions,
and any other legally established obligation as required from all rates established in
Appendix C except for rates in C2A, which are not used for payroll purposes.
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26
. APPENDIX D (continued)
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be forwarded to
depositories as directe8 by the Union and agreeci to by the Empioyer.
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shali not be eligible for, govemed by or accumulate
vacation, sick leave, holiday, funeral leave, jury duty or insurance firinge benefits that are or may
be established by Personnei Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to employees is limited to the contributions and/or
deductions established by this Agreement. The actual levei of benefits provided to employees
shall be the responsibility of the Trustees of the various funds to which the Employer has
forwarded contributions and/or deductions.
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APPENpIX E - REQUIRED TOOLS
Pocket Tool Pouch and Belt
6' Rule
9" or i 0" Aluminum Level
8" Side Cutters
Crimping Tooi
10" Crescent Wrench
Combination of Box-Open-End Wrenches 3/8° - 3/4"
Socket Set of Equivalent Sizes
Cold Chisel and Center Punch
Taps 6/32 - 8/32 - 10/32 - 10/24 - 4/20
Drills - in Accordance With Tap sizes 9{32 and 3/8
Tap Wrench
File Rasp 12° 1/2 Rouc�d and Rat-Tail
Hack Saw 12" biade
Screwdrivers 4" - 8" - 12" Reg. Slot and 4" and 6" Phillips
Flashlight
Tester, 600 v. Solenoid Type
Combination Square
Kn'rfe
Long-Nose Pliers
Diagonai-Cutting Pliers
2 pair Channel Locks
Allen W renches
Hammer, Ball Peen
Scratch Awl
Fuse Puller
25' Steel Tape Measure
Chalk-Line
Piumb Bob and Line
Wire Stripper for standard wire sizes
Tool Box to hold the above tools
The Employer shall fumish all other necessary tools or equipment. Employees wiil be
responsible for tools or equipment issued to them, providing the Employer tumishes ihe
necessary lockers, "gang boX' or other safe place for storage.
The Employer shall be responsible for checking io see that employees possess the tools
spec"rfied above in proper working order. Repiacement cfaims will be honored only for acceptable
tools checked by the Employer.
The Employer shall replace with similar tools of equal value and quality any of the above-
listed tools which are tumed in by a regulariy appointed employee which are no longer serviceable
because of wear or breakage.
The Empioyer shali replace with similar tools of equal value and quality any of the above-
listed tools which are tumed in by a temporary appointetl employee which are no longer
serviceable because of wear or breakage providing the employee has been employed for nine (9)
continuous months or more.
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L�
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2006 - 2008
COLLECTIVE BARGAINING AGREEMENT
belween
INDEPENDENT SCHOOL DISTRICT NO. 625
Saint Paul Public Schools
and
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THE TRI-COUNCIL
LOCAL 49, LOCAL 120, AND LOCAL 132
July 1, 2006 through June 30, 2008
A
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Saint Paul
PuB��c ScHno�s
SAINT PAUL PUBLIC SCHOOLS
Independent Schooi District No. 625
Board of Education
Elona Street-Stewart
Kazoua Kong-Thao
Tom Conlon
John Brodrick
Artne Carcoll
Tom Goldstein
AI Oertwig
Chair
Vice-Chair
Clerk
Treasurer
Director
Director
Director
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7
TABLE OF CONTENTS
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ARTICLE TITLE
Principles..........................................................................
Article 1. Recognition ..........................................................................
Article 2. Maintenance of Standards ...................................................
Article 3. Union Rights .........................................................................
Article 4. Payroll Deduction .................................................................
Article 5. Management Rights .............................................................
Articie6. Safety ...................................................................................
Article7. Hours ....................................................................................
Article8. Seniority ...............................................................................
Article9. Holidays ................................................................................
Article 10. Vacations ..............................................................................
Article � 1. Compensatory Leaves of Absence ......................................
Article 12. Parental/MaternityLeave .....................................................
Articie13. Wages ..................................................................................
Article14. Insurance ........................................................................�--...
Article 15. Laborer's Supplemental Industrial Pension Plan .................
Articie 16. Severance Pay ...............................................................�--...
Article 17. Discipline Procedures ..........................................................
Article 18. Grievance Procedure ...........................................................
Article 19. Legal Services ......................................................................
Article 20. Strikes, Lockouts, Work Interference ...................................
Article 21. Savings Clause ....................................................................
Article 22. Jurisdiction ...........................................................................
Article 23. Terms of Agreement ............................................................
AppendixA ...........................................................................
AppendixB ...........................................................................
ADDITIONAL INFORMATION
(Not a Part of Agreement)
Memorandum of Agreement Regarding Loss of Drivers License.
Statement of Intent Regarding Temporary Employees ................
,
Index
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PAGE
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3
PRINCIPLES
This Agreement is entered into to facilitate the adjustment of grievances and disputes between �
the Employer and employees to provide, insofar as possible, for the continuous employment of
labor and to estabiish necessary procedures for the amicable adjustment of all disputes which
may arise between the Employer and the Union.
The Employer and the Union encourage the highest possible degree of practical, friendly,
cooperative relationships between their respective representatives at aii levels. The officials of
the Employer and the Union realize that this goal depends primarily on cooperative attitudes
between peopie in their respective organizations and at all levels of responsibility, and that proper
attitudes must be based on fuil understanding of and regard for the respective rights and
responsibilities of both the Employer and the employees.
There shall be no discrimination against any empioyee by reason of race, color, creed, sex or
Union membership.
The Employer and the Union affirm their joint opposition to any discriminatory practices in
connection with employment, promotion or training, remembering that the public interest remains
in full utilization of employees' skill and ability without regard to consideration of race, color,
creed, national origin, age or sex.
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� ARTICLE �. RECOGNITION
�.t The Employer recognizes
agency for all employees
No. 89-PR-2347, as follows
the Union as the sole and exclusive collective bargaining
who have been cert'rfied by the State of Minnesota, Case
All employees in the classifications of:
Distribution Service Worker
Heavy Equipment Operator
Plasier Tender
School Grounds Crew Leader
School Labor Crew Leader
School Service Worker
Trades Laborer
Abolished titles formeriy recognized as exclusively represented by the Union:
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*Asphalt Raker
'Asphalt Shoveler
`Building Laborer
*Driver Operator
Forestry Crew Leader
Garden Laborer
Gardener
Grounds Crew Leader
`Groundsworker
Jackhammer Operator
Labor Crew Leader
Mortar Mixer
Sno-Go Operator
Stores Laborer
Sweeper Operator
Tam per
*Tractor Operator I
Tractor Operator II
'Tree Trimmer I
'Tree Trimmer II
Tree Worker
Truck Driver
'Unskilled Laborer
who work more than fourteen (14) hours per week and more than sixty-seven (67)
workdays per year, excluding supervisory, confidential, temporary, and employees
exclusively represented by other labor or employee organizations.
The parties agree that any new classifications which are an expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall
be recognized as a part of this bargaining unit, and the partles shall take alI steps
required under the Public Employment Labor Relations Act to accomplish said objective.
1.2 The Employer agrees not to enter into any contractually binding agreements with any
employee or representative not authorized to act on behalf of the Union. There shall be
no individual agreements with any employees that conflict with the terms of this
Agreement, and any such agreement or contract shall be null and void.
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ARTICLE 2. MAINTENANCE OF STANDARDS
2.1 The parties agree that all conditions of empioyment relating to wages, hours of work,
overtime differentials, vacations, and ali other general working conditions shall be
maintained at not less than the highest minimum standard as set forth in the Civil Service
Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of
Compensation at the time of the signing of this Agreement, and the conditions of
employment shall be improved wherever specrfic provisions for improvement are made
elsewhere in this Agreement.
ARTICLE 3. UNION RIGHTS
3.1 The Union may designate employees from within the bargaining unit to act as Stewards
and shall inform the Employer in writing of such designations. Such employees shall
have the rights and responsibilities as designated in Article 18 (Grievance Procedure).
There shali be no more than one steward from each local involved in any one specific
grievance.
32 There shail be no deduction of pay from stewards when directly involved in meetings with
management during working hours for grievance procedures.
3.3 Designated union representatives shall be permitted to visit employees on job sites and
at department buildings during working time.
ARTICLE 4. PAYROLL DEDUCTION
4.1 The Employer shail, upon request of any employee in the unit, deduct such sum as the
Union may specify for the purposes of initiation fees and dues to the Union, providing the
Union uses its best efforts to assess such deductions in as nearly un'rfortn and standard
amounts as is possible. The Employer shail remit monthly such deductions to the
appropriate designated Union.
42 In accordance wfth M.S.A. 179.06, Subd. 3; the Employer agrees that upon
notification by the Union, the Employer shall deduct a fair share fee from all cert'rfied
employees who are not members of the exclusive representative. The fair share fee
must be equal to the regular membership dues as exclusive representative, less the
cost of benefits financed through the dues and availabie oniy to members of the
exciusive representative. In no event may the fair share fee exceed 85% of the
regular membership dues.
4.3 The Union will indemnrfy, defend, and hold the Employer harmless against any claims
made and against any suits instituted against the Employer, its officers or empioyees, by
reason of negligence of the Union in requesting or receiving deductions under this Article.
The Employer wili indemnify, defend, and hold the Union harmless against any ciaims
made and against any suits instituted against the Union, its officers or employees by
reason of negiigence on the part of the Empioyer in making or forwarding deductions
under this Article.
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• ARTICLE 5. MANAGEMENT RIGHTS
5.1 The Union recognizes the right of the Employer to operate and manage fts affairs in all
respects in accordance with applicable laws and regulations of appropriate authorities.
The Employer retains the rights and authorfty, which the Employer has not officially
abridged, delegated or modrfied by this Agreement.
5.2 A public employer is not required to meet and negotiate on matters of inherent
managerial policy, which include, but are not limfted to, such areas of discretion or policy
as the functions and programs of the employer, its overall budget, utilization of
technology, and organizational structure and selection and direction and number of
personnel.
ARTICLE 6. SAFETY
6.'I Accident and injury-free operations shall be the goal of the Employer and all employees.
To this end, the Employer and employee will, to the best of their abiliiy, abide by and live
up to the requirements of the several State and Federal Construction Safety Codes and
Regulations.
6.2 To this end, the Employer shail from time to time issue rules or notices to his employees
regarding on-the-job safety requirements. Any employee violating such rules or notices
� shail be subject to discipiinary action. No employee may be discharged for refusing to
work under unsafe conditions.
6.3 Such safety equipment as required by governmental regulation shall be provided wfthout
cost to the employee. At the Employe�'s option, the employees may be required to sign
for safety equipment and shall be obligated to return same upon discharge, layoff, quit or
other termination in comparable condition as when issued, providing reasonable wear
and tear. The Employer shail have the right to withhold the cost of such safety
equipment'rf not returned.
6.4 The Employer agrees to pay $200 over the term ot ihis agreement toward the purchase
or repair of safety shces purchased by an empioyee who is a member of this unit.
Preauthorization is required prior to the purchase of safety shoes. Employees must
contact the Facility Planning Office to obtain preauthorization for safety shoes. This
contribution to be made by the Employer shall apply only fo thase employees who are
required to wear protective shoes or boots by the Employer.
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ARTICLE 7. HOURS �
7.1 The normal workday shali be eight (8) consecutive hours per day, exciuding a thirty (30}-
mi�ute lunch period.
The normal work week shall be five (5) consecutive normal workdays in any seven (7)-
day period. (For employees on a shift basis this shall be construed to mean an average
of forty (40] hours a week.)
72 Except in cases of emergencies, the Employer shall notify the affected Union of an
intention to change a shift at least twenTy-four (24) hours prior to the beginning of the new
shift.
7.3 Employees shall report to work location as assigned by a designated Empioyer
supervisor. During the nortnal workday, employees may be assigned to other work
locations at the discretion of the Empioyer.
7.4 Cali-In Pav. When an employee is called to work, he/she shall receive two (2) hours of
pay 'rf not put to work. If he/she is calied to work and commences work, he/she shall be
guaranteed four (4) straight-time hours of pay.
7.5 Overtime. Time on the payroll in excess of the normal hours set forth above shail be
"overtime worl�' and shaii be done only by order of the head of the department. An
employee shall be recompensed for work done in excess of the normal hours by being
granted compensatory time on a time-and-one-half basis or by being paid on a time-and-
one-half basis for such overtime work. The basis on which such overtime shall be paid
shall be determined soiely by the Employer. 7he time-and-one-haif overtime rate shali be �
based on the total rate, inciuding any premium pay, being eamed during the overtime
hours worked.
7.6 The work break shall not exceed fifteen (15) minutes from the time the employee stops
working until he/she resumes work, and shall be taken in close proximity of the
employee's workstation.
7.6.1 An employee shall be allowed one fifteen (15) minute rest break during each
four (4)-hour period worked during the empioyee's normai workday. Any
employee required to remain at work following the comple6on of an eight
(8)-hour workday shall be ailowed a frfteen (15) minute break at approximately
two (2) hours after the end of his/her normal workday, and after the completion
of every four (4) hours of work thereafter.
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� ARTICLE 8. SENIORITY
$.1 Seniority, for the purpose of fhis Agreement, shaff be defined as fo(fows:
8.1.1 DfstricUCitv Senioritv. The length of continuous regular and probationary
service with the Employer from the last date of employment in any and alI class
titles.
8.1.2 Class Senioritv. The length of continuous regular and probationary service
wfth the Employer from the date an empioyee was first certified and appoinied
to a class title covered by this Agreement, it being further understood that class
senior'�fy is confined to the current class assignmeni held by an emp7oyee.
8.2 Seniority shall terminate when an employee retires, resigns or is discharged.
8,2.1 In the event ihe Empioyer determines that ft is necessary to reduce the
workforce, employees wiil be laid off by class title within each division based on
inverse length of "Ciass Seniority." Recali from layoff shall be in inverse order
of layoff, except that recall rights shall expire after two (2) years of layoff.
8.2.2 In cases where there are promotional series such as Unskilied Laborer, Crew
Leader, etc., when the number of employees in these higher titles is to be
reduced, empioyees who have held lower titles which are in this bargaining unit
will be offered reductions to the highest of these tities to which class seniority
would keep them from being laid oft, before layoffs are made by any ciass tiile
in any department.
� 82.3 It is further understood that a laid-off employee shall have the right to
placement in any tower-paid class title in this bargaining unit, provided said
employee has been previously certified and appointed in said lower-paid class
title. In such cases, the employee shall firsf be placed on a reinstatement
register and shail have "Class Seniority' based on the date originally cert'rfied
and appointed to said class. Employees may also appiy for positions in a lower
class but may, nevertheless, retum to original class as provided in 822 above.
8.2.4 When the new title, Schooi Service Worker is established, incumbents who
become cert'rfied in the new titie shall also retain the seniority acquired in the
old title the employer held in this unit, and can exercise Yhat senior'rty in a layoft
or retluction situation.
82.5 If a School Service Worker is laid off, he/she may fili a temporary position in the
title Trades Laborer or replace an existing temporary employee serving in that
title.
8.3 To the extent possibie, vacation periods shall be assigned on the basis of "Class
Seniority," within each class, by division. (t is, however, undersiood that vacation
assignments shall be subject to the ability of the Employer to maintain operations.
8.4 Promotions shall be handled in accordance with current Civil Service Rules and
practices.
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ARTICLE 9. HOLIDAYS �
9.1 Holidavs Recoanized and Observed. The foilowing nine (9) days shall be designated as
ho4idays:
New Year's Day
Martin Luther King Jr. Day
Presidents' Day
Memorial Day
independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible empioyees shall receive pay for each of the holidays listed above, on which they
pertorm no work. Whenever any of the listed holidays shali fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the listed holidays
falis on Sunday, the fioilowing Monday shali be observed as the holiday.
8.2 Eliaibilitv Reouirements. To be eligibie for holiday pay, employees must have been
compensated for ail scheduled hours of their last scheduled workday before the holiday
or tor work on the hoViday.
9.3 If an employee entitled to a holiday is required to work on a holiday, the employee shaii
be compensated for work done on this day by being granted compensatory time on a
time and one-half basis or by being pasd on a time and one-haif basis for such hours •
worked, in addition to the regular holiday pay.
9.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "ca(led back" in accordance with Article 7.4
(Call-In Pay).
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ARTICLE '10. VACATIONS
10.1 Varation credits shall accumulate at the rates shown below for each full hour on the
payro!!, excluding overtime.
Hours of Vacation Annual Annual
Eamed Per Hour on Hours Days
Years of Service Pavroll Earned Earned
First year through 4th year .05Q0 i 04 13
Afterthe 4th yearthrough 9th year .0692 144 �8
After 9 years through 15`" year .0769 � 60 20
After 15 years through 25 year .1000 208 26
After 26 Years and thereafter .� 115 232 29
Calculations are based on a 2,080-hour.work year and shall be rounded off to the nearest
hour.
102
10.3
Years of service will be defined to mean the number of years since the date of
appointment.
An empioyee may carry over one hundred sixty (160) hours of vacation into the following
"vacation year."
For the purpose of this Article, the "vacation year' shaU be the calendar year.
Scheduling of vacation is subject to approval of the employee's supervisor.
10.4 Sick Leave Conversion. if an employee has an accumulation of sick leave credits in
excess of �,440 hours, the employee may convert any part of such excess at the rate of
two (2) hours of sick leave for one (1) hour of vacation up to a mauimum of five (5)
regularly-assigned workdays of vacation (not to exceed a total of forty [40] hours in any
year).
10.5 The maximum number of vacation days allowed by the conversion of sick leave credits
shail be no more than five (5) days in any one (1) year so ihat the maximum vacation
time which may be taken in any one (1) year shall be forty (40) days including the regular
vacation period, and time carried over.
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ARTICLE 11. COMPENSATORY LEAVES OF ABSENCE
11.1 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each
fuli hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be
eligible for sick leave, the empioyee must report to his/her supervisor no later than one-
hour past his/her regular scheduled starting time. The granting of sick leave shall be
subject to the terms and provisions of this Agreement. A"day for this purpose shall be
equivalent to the regularly assigned work day of the empioyee and such leave shail be
deducted from accumulated sick leave. Any employee who has accumulated sick leave
as provided above shall be granted leave with pay, for such period of time as the head of
the departmen! deems necessary for the following spec'rfied allowable uses:
1�-1.1 Personal Iliness: Employees may use accumulated sick ieave for hours off due
to personal illness. The employee may be required to fumish a medical
cert'rficate from a qualified physician as evidence of illness or physicai disability in
order to qualify for paid sick ieave as per District practice. Accumulated sick
leave may also be granted for such time as is actualiy necessary for office visits
to a doctor, dentist, optometrist, etc.
11.1.2 Famiiv Illness: Empioyees 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 one hundred twenty (120)
hours of accumulated sick leave may be used in a work year to allow the
employee to care for and attend to the serious or critical iiiness of his/her spouse,
parent, or member of household. These hours when used are deducted from
sick leave.
17.1.3 Sick Chiid Care Leave. Sick leave to care for a sick child shall be granted on the
same terms as the employee is abie to use sick leave for the employee's own
itiness. This leave shail oniy be granted pursuant to Minn. Stat. §181.9413 and
shall remain available as provided in Statute.
11.1.4 Bereavement Leave. A leave of absence wRh pay, not to exceed five (5) days,
shall be granted because of the death of an employee's spouse, chiid or step
child, parent or step-parent, and regular members of the immediate household.
Up to three (3) days shall be granted because of death of other members of the
employee's immediate family. Other members of the immediate family shall
mean sister or step sister, brother or step brother, grandparent, grandchild,
parent-in-law, son-in-law or daughter-in-law. Leave of absence for one (1j day
shall be granted because of death of other close relatives. Other close relatives
shali mean uncle, aunt, nephew, niece, brother-in-iaw and sister-in-law.
11.1.5 Travei Eutension: If an employee is required to travei beyond a two-hundred
(200)-mile radius of Saint Paul for purposes related to eligible bereavement
leave, two (2) additional days of sick leave may be used. Employee, 'rf requested
shall prouide the Human Resource Department ver'rfication of the funeral location
outside of Saint Paul.
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� ARTICLE t i. COMPENSATORY LEAVES OF ABSENCE (continued)
17.1.6 Ado�tion Leave and Father with Newborn Child. Up to Yhirty (30) 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 tor a faiher wfth a newborn child.
Use of these thirty (30) days does not need to occur consecutively. The thirty
(30) days of sick leave for tathers ot newborns must be used within six (6j weeks
surzounding the birth of the child. For adoption the thirty (30) days of sick leave
may be used for adopfion processes or up to six (6) eveeks following the
adoption. Upon compietion of the adoption process additional sick leave may be
allowed for the care of a sick child as required by Minnesota Statue 781.9473.
11.2 Court Dutv Leave.
i 1.3.1 Court Cases. Any employee who is duly subpoenaed as a witness in any case in
court shall be entitled to leave with pay for that purpose provided that the
employee is not a party in the case, and provided that the case is not the result of
litigation undertaken by the employee or the union against the District. In cases
where the Board is a party in the iitigation, the empioyee shali be entitled to pay
while attending as a witness at the request of the Board or as a co-defendant in
the case.
11.32 fieauired Jurv Dutv. Any employee who is required to serve as a juror shall be
granted leave with pay while serving on jury duty contingent upon the employee
paying to the 8oard any fees received, minus fravel aliowance, for such jury
service. The employee may seek to be excused from jury duty.
• 11.3 Militarv Leave. Any employee who shall be a member of the National Guard, the Naval
Militia or any other componenf of the mifitia of the state, now or hereafter organized or
constituted under state or federai law, or who shall be a member of the Officers Reserve
Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any
other reserve component of the miiitary or naval force of the United States, now or
hereafter organized or constituted under federal law, shall be entitled to ieave of absence
from employment without loss of pay, seniority status, efficiency rating, vacation, sick
feave or other benefits for all 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
shail not exceed a total of fifteen (15) days in any calendar year and, further, provided
that such leave shaii be aliowed only in case the required military or naval service is
satisfaciorily pertormed, which shall be presumed unless the contrary is established.
Such leave shail not be allowed unless the employee: (1) returns to his/her position
immediately upon being relieved from such military or navai service and not Iater than the
expiration of time herein iimited for such leave, or (2) is prevented from so returning by
physical or mental 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 leave.
�'1.4 Eliqibilitv for Sick Leave. To be eligible for sick leave, the employee must meet the
specified uses in 11,1 and report the need for time off to his/her supervisor no later than
one-haif hour past his/tier regular scheduled starting time.
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ARTICLE 11. COMPENSATORY LEAVES OF ABSENCE (continued) �
1�.5 The granting of sick ieave is subject to additional provisions as provided in Civii Service
Rules.
1�.6 Absence While on Sick Leave With Pav. During any period in which an empioyee is
absent from work on sick teave with pay, the employee shall not be employed or engaged
in any occupation for compensation ott[side of his/her regular employment with
Independent School District No. 625. Violation of the provision of this paragraph by any
employee shall be grounds for suspension or discharge.
i 1.7 Sick Veave without pay may be granted in accordance with the provisions of Section 20H
of the Civil Service Rules for a period up to but not to exceed three (3) years
ARTICLE 12. PARENTAUMATERNITY/FMLA LEAVE
12.1 ParentaVMatemitv Leave
12.1.'I Parental leave is a leave without pay or benefits which shall be granted upon
request subject to the provisions of this Section. It may be granted for reasons
of adoption or pregnancy and/or the need to provide parental care for a chifd or
children of the employee for an ex[ended period of time immediately tollowing
adoption or the conciusion of pregnancy; such period of leave shall be no .
ionger than one calendar year in Iength. Leave up to six (6) calendar months
shall be granted upon request. Leave for more than six (6) calendar months is
at the discretion of the Empioyer.
12.12 in the case of pregnancy, an employee who wishes to use a period of (paid)
eamed sick leave at the time of pregnancy and delivery-related disability, may
request unpaid parentaf leave for a period following the use of eamed sick
leave; however, sick leave time shall not be granted within (during the course
of) a period of unpaid parental leave. The employee requesting such
sequentiai leave shall submit an application in writing to the Director of Human
Resources of Independent School District No. 625 not later than twelve (12)
weeks in advance of the anticipated date of delivery. Tfie employee will be
required to submit, at the time of use, appropriate medical ver'rfication for the
sick leave time claimed.
12.�.3 In the case of adoption, the empioyee shall submit to the Director of Human
Resources ofi Independent School District No. 625 a written appiication
including the anticipated date of placement of the child, at least twelve (�2)
weeks in advance of the anticipated date of placement, or earlier if possibie.
Documentation will be required.
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14
. ARTtCLE t2. PARENTAUMATERNITY/FMLA LEAVE {continued}
12.1.4 When an employee is returning from parental leave extending over a period of
six (6) calendar months or less, the empioyee shali be piaced, at the beginning
of the tirst pay period foltowing the scheduled date of retum, in the same
position heltl prior to ihe leave or, 'rf necessary, in an equivalent position.
12.1.5 When an empioyee has requested and been granied leave for a periotl ionger
fhan six (6) cafendar months, but no more than twelve (12} calendar months,
the empioyee will be placed irt an equivalent posit+on afier the scheduled date
of return as soon as an equivalent vacancy becomes availabie. For purposes
of this provision, an equivalent vacancy is a position in the same title which
exists, has no cert'rfied incumbent, which is to be filled, and for which no other
person has rights.
12.2 Familv Medical Leave. Effective February 1, 1994, leaves of absence shali be granted as
required under the federal law known as the Family and Medicai Leave Act (FMLA) so
(ong as it remains in force. The Human Resource Department provides procedures
which c�oordinate contractuai provisions with FMLA.
ARTICLE 73. WAGES
� 13.1 The basic houriy wage rates as estabfished by Appendix A shall be paid for all hours
worked by provisional, regular, and probationary empioyees.
'I32 The basic hourly wage rates as established by Appendix B shall be paid for ail hours
worked by temporary empioyees.
13.3 When an employee who is certified to more than one iiile in this unit is working in a
higher paid titie and is using sick feave, vacation time, or a holiday, his/her eligibiiity for
pay at the higher rate shall be determined by applying the holiday pay eligibility
requirements, as specified in Article 9, Section 9.2. If those requirements are not met,
the sick Ieave, vacation, or holiday pay shall be at the lower rate.
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15
ARTICLE 14. INSURANCE �
SECTION 1. ACTIVE EMPLOYEE HEALTH IfVSURANCE
7.1 The insurance plans, premiums for coverages and benefits contai�ed in the insurance
plans offered by the Employer shall be soleiy controlied by the contracts negotiated by
the Employer and the benefit providers. The Empioyer will attempt to prevent any
changes in the benefits offered by the benefit providers. However, the employees
selecting the offered plans agree to accept any changes in the benefits which a spec'rfic
provider implemerrts. fRS ruies and reguiations shali govem the Employer provided
health and welfare benefit program.
1.2 Eliaibilitv Waitina Period. One (1) fuli monih of continuous regularly appointed service in
Independent School District No. 625 wiil be required before an etigible empioyee can
receive the District contribution to premium cost for heatth and life insurance provided
herein.
1_3 Full-Time Status. For the purpose of this Article, full-time employment is defined as
appearing on the payroii at least thirty-two (32) hours per week or at least sixty-four (64)
hours per pay period, excluding overtime hours.
t.4 Half-Time Status. For the purpose of this Article, ha{f-time employment is defined as
appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per
week or at Ieast forty (40) hours but less than sixty-four (64) hours per pay period,
exciuding overtime hours. An employee will be considered half time only 'rf such
employee is assigned to a position which is regulaziy assigned hatf-time hours.
1.5 Emolover Contribution Amount--Full-Time Emolovees. Effective July 1, 2006, for each �
e{igib{e employee covered by this Agreement who is empioyed fiuil time and who selects
employee insurance coverage, the Emptoyer agrees to contribute the cost of such
coverage or $430 per month, whichever is less. For each eligible full-time empioyee who
selects famiiy coverage, the Employer wili contribute the cost of such family coverage or
$740 per month, whichever is less.
1.5.1 Effective January 7, 2007, for each eligibie employee covered by this
Agreement who is empioyed full time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $458
per month, whichever is less. For each eligible full-time employee who selects
famiiy coverage, the Employer will contribute the cost of such family coverage
or $8j 0 per month, whichever is less.
1.5.2 Effective January 1, 2008, for each eligible employee covered by this
Agreement who is employed full fime and who selects employee insurance
coverage, the Employer agrees io contribute the cost of such coverage or $480
per month, whichever is less. For each eligible fu41-time employee who selects
family coverage, the Employer wiil contribute the cost of such family coverage
or $900 per month, whichever is less.
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16
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ARTICLE 14. INSURANCE, Section 1. (continued)
1.6 Dental Insurance. Effective January 1, 200&, the Employer will contribute for each
eligible employee covered by this Agreement who is employed full-time toward
participation in a dental care plan offered by the Employer up to $40 per month fior single
coverage. Employees who wish to enroll in family dental coverage may pay the
difference between the cost of family coverage and the District contribution of $40.
1.7 Emoiover Contribution Amount--Half-Time Emolovees. For each eligibie employee
covered by this Agreement who is employed half time, the Employer agrees to contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time employee who selects famiiy insurance coverage, the
Empioyer will contribute fifty percent (50%) of the amount contributed for full-time
employees selecting family coverage in the same insurance plan.
1.8 Regular employees activeiy enrolled in the medical and/or Iffe insurance plans who
routinely become laid off during the winter months shall receive up to four (4) months of
District coniribution towards the medicai and /or I'rfe insurance premiums during the lay-
off period.
1.9 Life Insurance. For each etigible empioyee, the Employer shali provide $50,000 life
insurance coverage. This amount shal! drop to $5,000 of coverage in the eveRi of early
retirement until the eligible retiree reaches age 65; then all Employer coverage shail
term inate.
t.t0 Lono-Term Disabifitv fnsurance. Effective January 1, 2003, the Employer shall provide
long-term disability coverage for ali regular status employees.
1.11 Flexible Soendinq Account. It is the intent of the Employer to maintain during the term of
this Agreement a pian for medical and child care expense accounts to be available to
employees in this bargaining unit who are eligible for Employer-paid premium contribution
for health insurance for such expenses, within the established Iegal regulations and IRS
requirements for such accounts.
1.12 The contributions indicated in this Article 14 shali be paid to the Employer's group heaith
and welfare plan.
1.13 Any cost of any premium for any Employer-offered employee or family insurance
coverage in excess of the dollar amounts stated in this Article 14 shali be paid by tfie
employee through payroll deduction. Empbyees on winter layof� who are receiving
District contributions described in 1.7 above shall pay any excess premium costs direcYly
to the designated third party administrator for the District. Failure to make such timely
payments will result in loss of coverage retroactive to the last date of premium paid by the
employee. Reinstatement of coverage will not be permitted during the period of layoff.
it7
ARTICLE 14. INSURANCE (continued)
SECTION 2. REfIREMENT BENEFITS
Subd. 1. Benefit Eligibiiity For Empioyees Who Retire Before Age 65
1.1 Employees hired into DisVict service hefore Ja�uary 1, 1gg6, must have completed the
following service eligibility requirements with Independent Schooi District No. 625 prior to
retirement in order to be eligibie for any payment of any insurance premium contribution
by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement
Association or other public empioyee retiree program at the time of retirement and
have severed the employment relationship with Independent Schooi District 625;
B.
C.
D.
E.
1.2
'I .3
Must be at least fifiy-five (55) years of age and have completed twenty-fiive (25)
years of service, or;
The combination of their age and their years of service must equal eighty-five (85)
or more, or;
Must have completed at least thirty (30) years of service, or;
Must have completed at Ieast twenty (20) consecutive years of senrice within
Independent Schooi District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paui wiii continue to be counted
toward mee6ng the service requirement of this Subdivision 1.1 B, C or D, but not
for 1.1 E.
Empioyees hired into District service after January 1, 1996, must have completed riventy
(20) years of service with Independent School District No. 625. Time with the City of
Saint Paul will not be counted toward this twenty (20)-year requirement.
Eliaibilitv Reauirements For All Retirees
A. A retiree may not carry hishier spouse as a dependent 'rf such spouse is also an
fndependent Schooi District No. 625 retiree or IndependeM Schooi Dis[rict No. 625
employee and eligible for and is enrolied in the Independent Schoot District No.
625 heafth insurance prograrn, or in any other Employer-paid heatth insurance
program.
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C.
Q
Additionai dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
Emp4oyees terminated for cause wili not be etigib4e for employer contributions
toward insurance premiums for either pre-age 65 or post-age 65 coverage.
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� ARTICLE 14. INSURANCE, Section 2. (continued)
Subd. 2. Empfover Contribution Levels For Emolovees Retirinq Before Aae 65
2.7 Health Irtsurance Emolover Contribution
Employees who meet the requirements in Subd. 1.1 or Subd. i2 of this Article will
receive a District contribution toward heaiYh insurance until the employee reaches sixty-
five (65) years of age as defined in this subdivision.
2.1.1 The Distriet contribution toward heaith insurance premiums will equal the same
doilar amount the District contributed for single or family coverage to the carrier
in the empioyee's last montfi of active empioyment.
2.1.2 In the event the District changes health insurance carriers, rt wi!! have no impact
on the Districi contribution for such coverage.
2.1.3 Any employee who is receiving family coverage premium contribution at date af
retirement and fater changes to single coverage will receive the doilar
contribution to single coverage that was provided in ihe contract under which the
retirement became effective.
22 Lite Insurance Emolover Contribution
The District wili provide for early retirees who qualify under the conditions of �.1 or 12
above, premium contributions for eligibie retirees for $5,000 oi life ins�rance only until
their 65th birthday. No life insurance will be provided, or premium contribuiions paid, for
any retiree age sixty-five (65) or over.
ubd. 3. Benefit Eliaibility For Emolovees After Aae 65
� 3.1 Emolovees hired into the District before Januarv 1 1996, who retired before age 65 and
are receiving benefits per Subd. 2 above are eligibie, upon reaching age 65, for employer
premium contributions for heafth insurance described in Subd. 4 of this Articie.
32 Emolovees hired into the District before Januarv 1 1996, who retire ai age 65 or older
must have completed the eligibility requiremenis in Subd. 1 above or the following
eiigibility requirements to receive District contributions toward post-age-65 health
insurance premiums:
A. Empioyees hired before May 1, 1992, must have completed at least ten (10) years
of continuous employment with the District. For such employees or early retirees
who have not completed at ieast ten (10) years of service with the pistrict at the
time of their retirement, the Employer will discontinue providing any health
insura�ce contributions upon their retirement or, in the case of early retirees, upon
their reaching age 65.
B. Employees hired on or after May �, 1992 and prior to January 1, '1996, must have
completed iweniy (20) years of continuous emptoymertt with the D'+strict. �or such
employees or early reiirees who have not completed at ieast twenty (20) years of
service with ihe District at the time ot their retirement, the Empioyer will discontinue
providing any health insurance conYributions upon their retirement or, in the case ot
early retirees, upon their reaching age 65.
Years of certified civii service time with the City of Saint Paul earned prior to
May 1, 7996, will continue to be counted toward meeting the DistricYs service
requirement of this Subd. 3. Civil service time worked with City of Saint Paui after
January 1, 1996, wili be considered a break in District employment.
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ARTICLE 14. INSURANCE, Section 2. (continued)
3.3 Emolovees hired on or after Januarv 1 1996 shall not have or acquire in any way any
eligibility for Employer-paid heaith insurance premium conVibution for cover2 in
retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1,
1996, shali be eiigible for only early retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd. 4. Emolover Contribution Levels For Retirees After Aae 65
4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility
requirements in Subdivisions 3.7 or 3.2 of this Article are eligible for premium
contributions for a Medicare Supptement health coverage policy seiected by the District.
Premium contributions for such policy wiil not exceed:
Coveraoe Twe
Medicare Eligible
Non-Medicare Eligibte
in le Famiiv
$300 per month $400 per month
$400 per month $500 per month
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions specified must be paid directly
and in full by the retiree, or coverage will be discontinued.
Subd. 5. Emolovees hired after January 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) ptan.
Upon reaching etigibiiity, the District will match up to $50 per paycheck up to a maximum of $500
per year of consecutive active service, up to a cumulative Irfetime maximum of $12,500. Part-
time empioyees working haif-time or more wiil be etigibie for up to one haif (50 percent) of the
availabfe District match. Approved non-compensatory leave shali not be counted in reaching the
three (3) fui! years oS consecutive active service, and shaif not be considered a break in service.
Time worked in the City of Saint Pau1 wiil not be counted toward this three (3)-year requirement.
Federal and state rutes goveming participation in the Minnesota Defesred Compensation P{an or
District-approved 403(b) shall apply. The emplayee, noi the District, is solely responsible for
determining his/her total maximum allowable annual contribution amount under !RS regulations.
The employee must initiate an application to participate through the DistricYs specified
procedures.
ARTICLE 15. LABORER'S NATIONAL INDUSTRIAL PENSION PLAN
16.1 Effective June 24, 2006, the Employer will pay $.55 per hour tor all hours on the payroii to
the Labore�s National industrial Pension Fund.
16.1.1 Effective June 23, 2007, the Employer wiif pay $.60 per hour for atl fiours on the
payro!! to the Laborer's National tndustrial Pension Fund.
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� ARTICLE 16. SEVERANCE PAY
� 6.1 The Employer shail provide a severance pay program as se2 forth in this Article. Payment
of severance pay shall be made within the tax year of the reYirement as described in
Business Office Rules.
162 To be eligible for the 403(b) tax-deferred retirement program for sheltering severance pay
and vacation pay, an empioyee must meet the following requirements:
16.2.1 The employee must be fifty-five (55) years of age or older or must be eligible
for pension under the "Rule of 90" provisions of the Public Empioyees
Retirement Association (PERA). The °Rule of 85" or the "Rule of 90" criteria
shall also appiy to employees covered by a pubiic pension plan other than
PERA.
16.2.2 The employee must be voluntarily separated from School District empioyment
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.
16.3 if an empioyee notifies the Human Resource Department three (3) months in advance of
the date of retirement and requests severance pay and if the employee meets the
eligibifity requirements set forth in 16.2 above, he or she wiil receive a District contribution
to the School Distrfct No. 625 403(b) Tax-Deferred Retirement Plan for Sheitering
Severance Pay and Vacation Pay in an amount equal to �100 for each day of accrued,
unused sick leave, up to 175 days.
� 16.3.1 If an employee notifies the iiuman Resource Department in Iess than three (3)
months in advance of the date of 2tirement and requests severance pay and if
the employee meets the eligibility requirement set forth above, he or she witf
receive a District contribution to the Schoo( District No. 625 403(b) Tax-
Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in
an amount equal to $65 pay for each day of accrued, unused sick leave up to
231 days.
16.3.2 It exigent circumstances exist, such as a sudden illness/injury of the employee
or immediate family member necessitaiing immediate retirement, and 'rf the
empioyee meets the eligib+lity requirements set forth above, he or she wiii
receive a District coniribution to the School Districi No. 625 403(b) Tax-
Deferred Retirement Plan for Shettering Severance Pay and Vacation Pay in
an amount equal to $100 pay for each day of accrued, unused sick leave up to
175 days.
16.4 The m�imum amount of money thai any employee may obtain through this 403(b) Tax-
Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay is $17,5pQ.
16.5 For the purpose of this 403(b) Tax-Deferred RetiremenY Plan for Sheitering Severance
Pay and Vacation Pay, a death of an employee shall be considered as separation of
empioyment and, 'rf the employee would have mei all of ihe requirements sei forth above
at the time of his or her death, contributions io the 403(b) Tax-Deferred Retirement Pian
for Sheltering Severance Pay and Vacation Pay shall be made to ihe employee's estate.
16.6 For the purpose of this 403{b) Tax-Deferred Retirement Plan for Sheitering Severance
Pay and Vacation Pay, a transfer from Independent School District No. 625 employment
� to City of Saint Paul employment is not considered a separation of employment, and such
transferee shall not be eligible for this plan.
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ARTICLE 17. DISCIPLINE PROCEDURES �
77.i The Empioyer wili discipline employees for just cause only. Discipline will be in the form
of:
a) Oral reprimand;
b) Wriiten reprimand;
c) Suspension;
d) Reduction;
e) Discharge.
172 Suspensions, reductions, and discharges wiii be in written form.
17.3 A notice in writing of suspensions, reductions, and discharges shail be sent io the
empioyee and the Union within seventy-two (72) hours after such action is taken.
77.4 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension,
demofion, or discharge, the supervisor will make a recommendation to his/her supervisor
regarding proposed discipline. That supervisor shall then provide written notice of the
charges to the employee and offer to meet with the employee prior to making a iinal
determination of the proposed discip{ine. The employee shall have the opportunity to
have union representation present and be provided the opportunity to speak on hisffier
behalf regarding the proposed action. If the employee is unable to meet with the
supervisor, the empioyee and/or union wili be given the opportunity to respond in writing.
17.5 Grievances relating to this Article may be processed in accordance wfth the grievance
procedure under Articie 18, or under Civii Service grievance procedures, but not both. �
Orai reprimands shatl not be grievabie.
17.6. Employees who are unable to report for thei� normai workday have the responsibility to
notify their supervisor of such absence as soon as possibie, but in no event later than
one-half (1/2) hour before the beginning of such workday.
17.7 Failure to make such notification may be grounds for discipline.
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• ART(CLE 18. GRIEVANCE PROCEDURE
18.1 The Employer shali recognize stewards selected in accordance wfth Union rules and
regutations 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.
18.2 It is recognized and accepted by the Empbyer and the Union that the processing of
grievances as hereinafter provitled is limited by the job duties and responsibilities of the
employees antl shall therefore be accompiished during working hours only when
consistent with such employee duties and responsibilities. 7he steward involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working hours, provided the steward and the employee have notified and received the
approval of their supervisor{s) to be absent to process a grievance and that such
absence would not be detrimental to the work programs of the Employer.
18.3 The procedure established by this Article shall be the soie and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 17, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
18.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon fhe occurrence of an alfeged violation of this Agreement, the empioyee
invoived shail atfempt to resofve the matter on an informal basis with the
empioyee's supervisor. If the matter is nof 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 reliei requested. Any alleged violation of the
Agreement not red�ced to writing by the Union within ten (10) calendar days of
2he first occurrence of the eveni giving rise to the grievance or the time when
the employee with the use of reasonable diligence should have had knowledge
of the first occurrence of the event giving rise to the grievance, sha!! be
considered waived.
Ste� 2. Wfthin ten (10) calendar days after receiving the written grievance, a
designated Employer supervisor shaii meet with the Union steward and attempt
to resolve the grievance. If, as a result of this meeting, the grievance remains
unresolved, the Employer shall reply in writing to the Union within five (5)
calendar days following this meeting. The Union may refer the grievance in
writing to Step 3 within ten (10) calendar days foliowing receipt of the
Employer's written answer. Any grievance not referred in writing by the Union
within ten (10) cafendar days following receipt of the Employer's answer shall
be considered waived.
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ART4CLE 18. GRIEVANCE PROCEDURE (continued) �
Steo 3. Within ten {'IO) calendar days following receipt of a grievance referred from
Step 2, a desig�ated Employer supervisor shai4 meet with the Union Business
Manager or designated representative and attempt to resotve the gsievance.
Within ten (10) calendar days following this meeting, the Employer shall reply
in writing to the Union stating the Employers answer conceming the grievance.
If, as a resutt of the written response, the grievance remains unresolved, the
Union may refer the grievance to Step 4. Any grievance not referred in writing
by the Union to Step 4 within ten (10) calendar days following receipt of the
Employer's answer shall be considered waived.
Step 4. Ifi the grievance remains unresolved, the Union may wfthin ten (70) calendar
days after the response ofi the Empioyer in Step 3, by written notice to the
Employer, request arbitration of the grievance. The arbitration proceedings
shall be conducted by an arb'drator to be sefected by mutual agreement ofi the
Employer and the Union within ten (10) calendar days after notice has been
given. If the parties faii to mutually agree upon an arbitrator within the said ten
(10)-day period, either party may request the Bureau of Mediation Services to
submit a partei of five (5) arbitrators. Both the Employer and the Union shali
have the right to strike two (2) names trom the panel. The Union shall strike
the first (1st) name; the Employer shall then strike one (1) name. The process
wiil be repeated and the remaining person shali be the arbftrator_
18.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shali consider and decide onty the
spec"rfic issue submitted in writing by the Empioyer and the Union and shaii have no �
authority to make a decision on any other issue not so submitted. The arbitrator shali be
without power to make decisions contrary to or inconsistent with or modifying or varying
in any way the appfications of iaws, rules or regulations having the force and effect of
law. The arbitrato�'s decision shaii be submitted in writing within thirty (30) days foliowing
close of the hearing or the submission of briefs by the parties, whichever be iater, unless
the parties agree to an e�ension. The decision shall be based sofely on the arbitrator's
interpretation or application ot the express terms of this Agreement and to the facts of the
grievance presented. The decision af the arbitrator shati be final and binding on the
Employer, the Union, and the empioyees.
18.6 The fees and expenses for the arbitrator's services and proceedings shali be borne
equally by the Employer and the Union, provided that each party shail be responsible 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.
18.7 The time limits in each step of this procedure may be extended by mutuai agreement of
the Empioyer and the Union.
18.8 It is understood by the Union and the Empioyer ihat ifi an issue is determined by this
grievance procedure, it shall not again be submitted for arbitration under other
proceduses. If an issue is determined by the provisions of other procedures, R shail not
again be submitted for arbitration under this grievance procedure.
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• ARTiCLE i9. LEGAL SERV(CES
� 9.1 Except in cases of maifeasance in office or wiliful or wanton neglect of duty, ihe Employer
shali defentl, save harmless, and indemnify an employee and/or his estate against any
ciaim or demand, whether groundiess or otherwise, arising out of an a!leged act or
omission in the pertormance and scope of the employee's duties.
19.2 Notwithstanding 19.1, the Employer shalf not be responsib�e for paying any legaf service
fee or for providing any Iegai service arising from any Iegai action where the employee is
the plaintiff.
ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE
20.'I The Unions and the Employers agree that there shall be no strikes, work stoppages,
slow-downs, sit-down, stay-in or other concerted interference with the Empioyer's
business or affairs by any of said Unions and/or the members thereof, and there shafi be
no bannering during the existence of this Agreement without first using all possibie
means of peaceful settiement of any controversy which may arise.
ARTICLE 21. SAVINGS CLAUSE
21.1 This Agreerriertt is subject to the laws of the United States, the State of Minnesota, and
� the City oF Saint Paul. In the event any prpvision of this Agreement shali be hefd contrary
to law 6y a court of competent jurisdiction from whose final judgment or decree no appeal
has been taken within the time providetl, such provision shall be voided. All other
provisions shall continue in full force and effect.
ARTICLE 22. JURISDICTION
22.1 Disputes cortceming work jurisdiction between and among unions is recognized as an
appropriate subject for detertnination by the various unions represenfing empioyees of
the Empioyer.
222 In the event of a dispute concerning the pertormance or assignment of work, the unions
involved and the Empioyer shall meet as soqn as mutualiy possible to resolve the
dispute. Nothing in the foregoing shall restrict the right of the Employer to accompiish the
work as originally assigned pending resolution ot the dispute or to restrict the EmployePs
basic right to assign work.
22.3
22.4
Any employee refusing to perform work assigned by the Empioyer shat( be subjecf to
disciplinary action as provided in Articie 17 (Discipfinary Procedures).
There shall be no work stoppage, slow down or any disruption of work resulting from a
work assignment.
22.5 The subcontracting of work done by the employees covered by this Agreemeni shall in ali
cases be made only to Employers who qualify in accordance with St. Paul Adminisirative
� Code Section 82.07, Minimum Wages on Public Corttracts.
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ARTICLE 23. TERMS OF AGREEMENT
23.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject conceming the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise ofi this right are
fuliy and compfeteiy set forth in this Agreement. Any and aIl prior agreements,
resofutions, practices, policy or rufes or regulations regarding the terms and conditions of
empioyment to the extent they are inconsistent with this Agreement are hereby
superseded. In those areas where Civil Service Rules are not inconsistent with this
Agreement, the Civil Service Rules shall continue to be in effect.
23.2 Except as herein provided, this Agreement shall be effective as of the date it is executed
by the parties and shall continue in full force and effect through June 30, 2008, and
thereafter until modified or amended by mutual agreement of the parties. Either parry
desiring to amend or modify this Agreement shall not'rfy the other in wrfting so as to
comply with the provisions of the Public Employment Labor Relations Act of '1971.
23.3 This constitutes a tentative agreement between the parties which will be recommended
by the Board of Education negotiator but is subject to the approval of the Board of
Education of independent School District No. 625 and is aiso subject to ratification by the
Unions.
WITNESSES:
INDEPENDENT SCHOOL DISTRICT NO. 625
SAINT PAUL PUBLIC SCHOOLS
�G�U���/�' �
Ehair, B�of Education
�
TRI-CQUNCI�:
OPERATING ENGINEERS LOCAL NO. 49 �
GENERAL DRIVERS LOCAL NO. 120
LASORERS LOCAL NO. i32
Bus ess Rep entat ve, L o 4g
.O-�_/�P✓. � �9
Business Manag , Local No. 49
E�
�✓�a� f. %a�l�
Business Representative, Local No.120
�• � �/
Busines"s Agent, Loca( No. 132
Susiness Man r, Local No. 132
'—/`�
Date
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APPENDIX A
HOURLY WAGE RATES
The hourly wage rates for provisional, regular and probationary employees working in the classes
tisted below are as shown.
Effective June 24. 2006
School Service Worker
School Grounds Crew Leader
School Labor Crew Leader
Heavy Equipment Operator
Plaster Tender
Sass Hourlv Rate
$20.39
$22.52
$22.52
$23.3�
$28.33
Houriy Rate
After 15 Years
$2D.89
$23.02
$23.02
$23.81
$28.83
Effective June 23. 2007
Schoot Service Worker
Schoo! GrouRds Crew Leader
School Labor Crew Leader
Base Houriv Rate
$20.90
$23.Q8
Hourly Rate
After 15 Years
$21.40
$23.58
Heavy Equipment Operator
Plaster Tender
$23.08
$23.89
:
$23.58
$24.39
.
'Note: The June 23, 2007, hourly rate for Plaster Tender shali be determined at a later date
based on the outside prevai(ing wage rate.
PREMIUM PAY PROVISIONS
Effective June 24, 2006, the following premium pay provisions shaU apply:
Premium Pav A. Premium pay of forty cents (40�) per hour shall be paid above the regular base
rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an
empioyee in this bargaining unit:
1. Operation of a chain saw, chipping hammer or jackhammer,
2. Work eight (8) feet or lower beneath ground.
3. Operation of a mortar mixer.
4. Driving tandem trucks.
5. Operation of a power tamper.
6. Woric on the asphatt crew (except Asphait Raker).
7. Operatlon of a hedge trimmer.
27
APPENDIX A (continued}
Premium Pav B. Premium pay of sixty-five cents (65¢) per hour shalf be paid above the regular
base rate for each hour or any part over one-fourth (1/4) hour worked in such assignments by an
employee in this bargaining unit:
1. Operation of a tractor with power take-off over 50 horsepower which is used for
grass cutting.
2. Operation of any of the equipment covered by ihe abolished class titie, �Asphait
Raker.
3. Performing the duties of a Plasterer Heiper or of a Tender for a Bricklayer,
Blocklayer or Plasterer.
4. Holding a iicense to app�y or use regulated pesticides and chemical treatments
and assigned to pertortn work invoiving the applicafion of such regulated
substances (the term "regulated" as used here, refers to substances whose use
and appiication requires the license noted herein).
5. Swing stage work, such as work perfortned from a boatswain's chair or a swing
scaffold or hazardous work that requires the use of a safety bett fifty (50) feet or
more above the ground. All standard safety laws shall be complied with.
" This title abolished except as to present incumbents.
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• APPENDIX 8
TEMPORARY EMPLOYEE RATES
1. The hourly rates for temporary employees working in Yhe classes listed below are as show�:
Effecfive Effective Effective
6/24/06 4/28/07 4/26/08
School Service Worker $26.78 * *
Masonry Tender $26.78 * *
TraBes Laborer $26.78 * *
For temporary employees working in the titles listed in (1.) above the foilowing finge benefii
conYributions shall be made to the MinnesoTa laborers' Fringe Benefit Fund:
Effective Effective Effective
6/24/06 4/28/07 4126/08
Health and Welfare $5.60 * }
Pension $3.85 * *
Vacation $1.70 * *
(Ta�cable Contribution)
� Training $ .31 * *
2. The hourly wage rates for temporary employees working the ciass listed below are as shown:
Effective Effective Etfective
6/24/06 4/28/07 4l26/OS
Heavy Equipment $28.47 * *
Operator
For temporary employees working in the title listed in (2.) above the following fringe benefit
contributions shall be made to the Funds designated by IUOE, Local 49:
Effective Effective Effective
6/24/06 4/28/ 7 4/26/OS
Health and Weifare $5.95 * *
Pension $6.20 * *
Apprentice Training $ .40 * *
• ' The Employer agrees to contribute 100% of the wages and bertefits per the Minnesota Labore�'s
Agreement and the Local 49 AGC Builders Agreement, effective April 28, 2007 and April 26, 2008.
•
29
APPENDIX B (continued)
TEMPORARY EMPLOYEE RATES {continued)
3. The hourly wage rates for temporary employees working the ciass listed below are as shown:
Plaster Tender
Effective
6/24/06
$28.33
Effective
5/26/07
,:
Efteetive
5/24/08
�:
For temporary employees working in the tities listed in (3.) above the following fringe benefit
contributions shail be made to the Minnesota Laborers' Fringe Benefit Fund:
Health and Welfare
EEEective
6/24106
$5.60
$4.45
$1.70
$ .26
Etfeetive
5/26/07
�:
:<
�:
:�
Etfective
5/24/OS
x:
,.:
,:
�,
Pension
Vacation
(Taxable Contribution)
Apprentice Training
" The Employer agrees to confibute 1 �0% of the wages and benefits per Minnesota Laboret's Agreement,
effective May 26, 2007 and May 24, 2008.
4. Regular employees who are laid off and then called back to work on a temporary basis shali
receive tfie regular rate of pay as shown in Appendix A for such tittes worked and shall
continue to eam and accrue Employer benefits for such hours worked.
5. For temporary employees working in titles listed in this Appendix B whose length of service
and eamings require that they be subject to Public Employees Retirement Association
contributions, the rate of pay shall be the houriy rate shown in this Appendix B for such title
divided by one (1) plus the Employer PERA rate (currentty .06).
6. lf the unions elect to have the fringe benefit contributions listed in this Appendix 8 incseased
or decreased, the Employer may adjust the appiicable hourly pay rates and contribution
amounts accordingly.
7. Laborers employed by the Employer on a temporary basis wiil be paid on the rates indicated
in (Appendix Bi above).
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ADDlTIONAL INFORMATION
(Not a Part of the Aqreement)
Memorandum of Agreement
Regarding
Loss of Drivers License
Statement of Intent
Regarding
Temporary Empfoyees
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Memorandum of Agreement
Regarding
Loss of Drivers License
This Memorandum of Understanding is by and between the Board of Education of Independent
School District No. 625, Saint Paul Public Schools, and the Tri-Council, Local 49, Local 120 and
Local 132. The purpose of this Memorandum is to establish a process that would occur in the
event an empioyee who is required io hofd a Commerciai Drivers License (CDL) as a qualifiication
for the job they hold has that license suspended, revoked or cancelled, and to establish uniformity
in addressing such a situation. This memorandum wifl also establish a timeframe for current
employees who are required to hold a CDL but who currently do not possess such a license to
iulfiA the requirement.
The parties agree to the following items. These items apply to situations that occur after
ratitication of the 2000-2002 labor agreement, unless specifically stated otherwise:
1. If an employee loses driving privileges and possession of a license that is required for the
employee's job, the responsibility for regaining the license is the empioyee's and not the
DistricYs.
�
2. It is the employee's responsibiiity to immediately notiiy their supervisor in writing of the ioss of
driving privileges. {f an employee faiis to rrot'rfy their supervisor, they will be subject to
disciplinary action. lf an employee drives a School District vehicle without a valid driver's
license, they will be subject to immediate termination from Schoo! DisVict empfoyment.
3. The employee must, at the empioyee's expense and on personai time, resolve the issue with �
tha District Court or Department of Public Satety.
4. When an emplQyee loses his/her license for the first time as a school district employee, the
School District, upon being made aware of the loss of an empioyee's ficense, shafi provide
the employee with a work assignment that does not require a license for a period not to
exceed ninety (90) caiendar days. The ninety {90) calendar day period shall begin as of the
date on which the State canceis, suspends or revokes the empfoyee's license. If, after the
ninety (90) calendar days, the emptoyee has not regained possession of a valid driver's
license that meets the minimum requirements of the position the employee holds, the
employee will be granted a leave without pay for a period not to exceed eighteen (18)
calendar months, tf the employee is unab{e to regain possession ot a valid, required license
by the end of the ieave, the employee wiii be terminated from empioyment.
5. When an empfoyee Voses his/her license for the second time as a school district employee,
regardless of the date the first loss of license occurred, the Schooi District, upon being made
aware of the loss of an employee's license, sha{I grant the employee a leave of absence
without pay for a period not to exceed rivo (2) calendar years. if the empfoyee is unabie to
regain possession of a vafid, required license 6y the end of two (2) calendar years, the
empfoyee wi{I be terminated from empioyment.
6. if an empbyee loses and regains his/her iicense while on lay otf and no accommodation is
made, that loss of license wili noi count in regard to Number 4 or Number 5 above.
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7. Extensions of leaves ofi absence may only be granied at the discretton of the Scnool District
ior reasons beyond tne empioyee's confrol. The reasons sha(I be Iimited to delays caused by
State adminisirative procedures orthe court sysfem.
8. Voluntary reduction to a positior in a lower classification with mir,imum qu2lii,cations not
requiring a drivers license is 2� managemenYs discretion; however, any accommodation
provided sha(I not cause the d�sol2cement of anotner employee, regardiess of ser(oriry.
S. Empioyees hired prior to ratiication of the 2000-2002 labor agreement who hotd a position
requiring a Commercial Drivers License and who lost or failed to renew iheir Commercial
Drivers License must gain/renew their license by November 1, 2002, or iheir employment
with the School District wi(I be terminated from employment.
Duration
This Memorandum of Agreement shaN be etfective upon signing, and shall remain in efiect for the
duration of ihis agreemeni; it is subject to renewal, termfnatlon or amendment by the parties.
INDEPENDENT SCHOOI DISTRICT NO. 625 THE TRI-COUNCIL LOCAL 49, LOCAL 12Q
SAINT PAUL PUBLIC SCHOQLS AND LOCAL 132
����- ,�a-`�' � �
C�oard ot Education Business
i c�t ' �.li���i/�r� �.�7 !3
Business Representative, Local No. i20
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11-IN D�
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Business Agent, Local No. 132 �
Statement of Intent
Regarding
Temporary Empfoyees
The Schooi District wiff obtain at {east fifty (50°!0) percent of its temporary employees from the
union hall as long as employees are availabie and meet district qualifications
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a
Adoption Leave ......................................... 13
B
Bereavement Leave .................................. t2
Breaks......................................................... 8
C
Call -In Pay ................................................... 8
Court Duty Leave ...................................... 13
D
Discipline Procedures ...............................23
F
Fair Share Fee ............................................6
Father with Newborn Leave ...................... 13
Flexible Spending Account ....................... � 7
G
Grievance Procedure ................................23
N
Holidays .................................................... i0
Hours ............................................................8
!
Insurance .................................................. 16
J
JuryDuty ...................................................13
L
Life insurance ...........................................17
l.ong-Term Disability Insurance ................ 17
Loss of Drivers License ............................. 32
INDEX
35
rtn
Military Leave ............................................ � 3
O
Overtime ...................................................... 8
P
Parenta(/Maternity Leave ..........................14
Reiirement 8enefits ...................................18
S
Satety..........................................................7
Safety Shoes ............................................... 7
Seniority...................................................... 9
Severance ................................................. 21
Sick Leave .................................................12
Sick Leave Conversion .............................11
Sick Leave Conversion To Vacation .........11
Spouse/Dependent Parent Leave .............12
Strikes ....................................................... 25
T
Temporary Employees ..............................29
U
UnionDues .................................................. 6
f1
Vacation....................................................11
W
W ages ...........................................15, 27, 29
Workday ...................................................... 8
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2005-2007
LABOR AGREEMENT
Between
Saint Paul Public Schools
independent School District No. 625
And
�
District Lodge No. 77
International Association of Machinists
And Aerospace Workers AFL-CIO
JULY 1, 2005 THROUGH JUNE 30, 2007
��
Saint Paul
Pt1BLIC SCHOOLS
Pueuc scxan�s
SAINT PAUL PUBLIC SCHOOLS
Independent School District No. 625
Board of Education
Elona Street-Stewart
Kazoua Kong-Thao
John Brodrick
Tom Conlon
Anne Carroll
Wiliiam Finney
AI Oertwig
Administration
Lou Kanavati
Maria J. Lamb
Tanya Martin Pekel
!�z Maria Serrano
Denise Quinian
Joann Knuth
Deborah Henton
Willie Nesbit
Chair
vice-Chair
Clerk
Treasurer
Director
Director
Director
Superintendent
Chief Education Officer
Chief of Staff
Area A Superintendent
Area B Superintendent
Area C Superintendent
F�cecutive Director,
Altemative Learning Programs
Executive Director,
Community Programs
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ARTICLE
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Preamble .........
Article 1.
Article 2.
Article 3.
Articie 4.
Article 5.
Article 6.
Article 7.
Article 8.
Article 9.
Article 10.
Article 11.
Article 12.
Article 13.
Article 14.
Articie 15.
Article 16.
Article 17.
Article 18.
Article 19.
Article 20.
Article 21.
Article 22.
Article 23.
Article 24.
Articie 25.
Article 26.
Appendix .........
•
CONTENTS
Recogn ition .............................................................................�--
Defi n itions ..................................................................................
Maintenance of Standards ........................................................
Check Off and Administrative Service Fee ...............................
Union Rights ..............................................................................
Management ..................................................................
Hours, Overtime Pay ..............................................................�--
Tool Insurance and Clothing .....................................................
Court Duty .................................................................................
LegalServices ...........................................................................
Mi l eage .............................. ........................................................
In s u rance ...................................................................................
Holidays.....................................................................................
Vacation.....................................................................................
Probation...................................................................................
Disci
Grievance Procedures ...............................................................
Severance ..........................................................................
Wage Schedule .........................................................................
Strikes, Lockouts, Work Interference ........................................
Sick Leave .................................................................................
Parental Leave ..........................................................................
Family Medicai Leave ................................................................
Safety Shoes ........................................�---.................................
Savings Clause ..........................................................................
Duration.....................................................................................
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PAG E
................. iv
.................. �
..................1
..................2
..................2
..................3
.................. 3
..................4
.................. 4
..................4
.................. 5
.................. 5
..................6
................10
................'I 1
................12
................12
................13
................15
................16
................16
................16
................17
................18
................18
................18
................19
................20
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THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND
DISTRICT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE
WORKERS AFL-CIO.
This Agreement has been entered into between independent School District No. 625, hereafter
referred to as the Employer, and District Lodge #77, Intemational Association of Machinists and
Aerospace Workers AFL-CIO, hereafter referred to as the Union. This Agreement has as its
purposes 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, benefits, hours of work, and other conditions of employment. The
parties hereto pledge that they shall pursue the above objectives in full compliance with the
requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as
amended. �
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• ARTICLE 1. RECOGNITION
'I.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the
purposes of establishing wages, benefits, hours, and other conditions of employment for
all of its empioyees as outlined in the cer['rfication by the State of Minnesota, Bureau of
Mediation Services, dated April 5, 1990, in Case No. 90-PCL-3212, and as set forth
below:
All regular, probationary, and provisional vehicle and equipment maintenance
personnel who are employed by Independent School District No. 625 in the
class'rfications of Audio-visual Equipment Repairer, Communications
Technician Heiper, Equipment Repairer, Nutrition Services Equipment
Repairer, Machinist, Mechanic-Welder, Parts Runner, Vehicle Mechanic,
Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder
Leadworker, excluding supervisory, confidential, temporary, and employees
exclusively repsesented by other tabor or employee organizations.
1.2 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 shali take alf steps required
under the Public Employment Relations Act to accomplish said objective.
ARTICLE 2. DEFINITIONS
• 2.1 Collective Baraainina. The Employer will bargain collectively with the Union with respect
to rates of pay, hours, and conditions pertaining to employment for all of the employees in
the unit herein before set forth.
2.2 Discrimination. The Empioyer wiil not interfere with, restrain or coerce the employees
covered by this Agreement hecause of inembership 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 of employment against any empioyee covered by 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.
2.3 This Agreement shall designate and define benefits with the exception of pension benefits
that sfiall be granted to the employees by the Employer. if, subsequent to this
Agreement, any governing body passes a provision that shall create a cost benefit for an
employee in this unit, the cost of such benefit shall be paid by the employee until such
time as the responsibiiity of the cost is subsequentiy negotiated. This provision shall not
compei either party to reopen negotiations during the course of an existing contract.
�
ARTtCLE 3. MAI(VTENANCE OF STANDARDS •
3.1 The parties agree that all conditions of employment relafing Yo wages, hours of work,
overtime differentials, vacations, and all other general working conditions shall be
maintained at not less than the highest minimum standard as set forth in the Civil Service
Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan and
Rates of Compensation at the time of the signing of this Agreement, and the conditions of
empioyment shall be improved wherever specific provisions for improvement are made
elsewhere in this Agreement.
ARTICLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE
4.1 Dues. The Employer agrees to deduct the Union membership dues once each month
from the pay of those employees who individuaily 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 empioyees shall be
remitted together with an itemized statement to the representative by the first of the
succeeding month after such deductions are made or as soon thereafter as is possible.
42 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 notiiication by the
Union, the Employer shall check off said fee from the eamings ot the empbyee and
transmit the same to the Union. In no instance shail the required contribution exceed a •
pro rata share of the spec'rfic expenses incurred for services rendered by the
representative in relationship to negotiations and administration of grievance procedures_
This provision shail remain operative only so long as specificaliy provided by Minnesota
law and as otherwise legal.
4.3 The llnion wili indemnify, defend, and hold the Employer harmless against any ctaims and
all suits, orders or judgments brought or issued against the Employer, its officers or
employees, as a resuR of any action taken or not taken by the Empioyer under the
provisions of this Section.
•
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� ARTICLE 5. UNION RIGHTS
5.1 The Union may designate employees within the bargaining unit to serve as Union
Stewards.
52 The Union shali fumish the Employer and appropriate department heads wRh a list of
Stewards and altemates, and shall, as soon as possible, notify said appropriate District
oSfiicials in writing of any changes thereto. Oniy those who are Officers and Stewards
shaii be recognized by the Employer for the purpose of ineetings.
ARTICLE 6. MANAGEMENT RIGHTS
6.1 The Employer retains the right to operate and manage ali manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational structure, to select,
direct and determine the number of personnel; and to perform any inherent manageriai
function not specifically limited to this Agreement.
62 Any 'Yerm or condition of employmenY' not established by this Agreement shall remain
with the Empioyer to eliminate, mod'rfy or establish following written notrfication to the
Union.
� 6.3 This Agreement estabfishes the "terms and conditions of employmenY' defined by
Minnesota Statute §179A.30, Subdivision 19, for ail employees exclusively represented by
the Union. This Agreement shall supersede such �terms a�d conditions of employmenY'
established by Civil Service Rule, Council Ordinance, and Council Resolution.
•
ARTICLE 7. HOURS, OVEATIME PAY
7.1 Hgurs of Em�lovment. The normal workday and the normal workweek shali be eight (8)
hours excluding on�half (1/2) hour for lunch in any iwenty-four (24)-hour period and forty
(40j hours in any seven (7)-day period. (For employees on a shift basis, this sha(I be
construed to mean an average of forty (40) hours a week.) The normai workweek shall
consist of five (5) consecutive nomaai workdays.
72 Cali-in Pav. When an empioyee is cailed to work, he/she shall receive two (2) ho�rs' pay
'rf not put to work. If the employee is called to work and commences work, he/she shall be
guaranteed four (4)-hours' pay, These provisions, however, shall not be effective when
work is unable to proceed because of adverse weather conditions.
7.3 Overtime. Time on the payroll in excess of the normal hours sei forth above sha)1 be
"overtime work° and shall be done only by order of the head of the department.
7.4 An empioyee shall be recompensed for work done in excess of the normal hours by being
granted compensatory time on a time-and-one-half basis or by being paid on a time-and-
one-halt basis for such overtirrie work. The basis on which such overtime shalt be paid
shail be determined soiely by the Employer. The overtime rate of one-and-one-half shall
be computed on the basis of 1/80th of the biweekly rate.
ARTICLE 8. TOOL INSUR.4NCE AND CLOTNING
8.1 The Employer wiil provide four (4) changes of coverails per week in acxordance with
existing practices.
82 The Employer agrees to reimburse employee for tools damaged by fire or vandalism or
for tools as may be stolen; however, such liability for reimbursement shall only apply in
the event that the empioyee's toois are stored on the Empioyer's premises and in such
places as Empioyer shall designate, and, further, ortiy 'rf the toois are destroyed or stolen
in their entirety as a resutt of a fire, vandalism or proven theft from the Employer's
premises.
ARTICLE 9. COURT DUTY
9.1 Any emptoyee who is required during his/her regular working hours to appear in court as a
juror or witness except as a witness in his or her own behalf against the Employer shall be
paid his/her regular pay while so engaged, provided, however, that any fees that the
employee may receive from the court for such service shall be paid to the Emplayer and
be deposited with the District Business Office. Any employee who is scheduled to work a
sh'rff, other fhan the normal daytime shift, shali be rescheduled to work the normal
daytime shift during such time as the employee is required to appear in court as a juror or
wifiess.
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• ARTICLE 10. LEGAL SERVICES
10.1 �cept in cases of malfeasance in office or wi44fui or wanton neg4ect of duty or indifference
to rights of others, the Employer shall defend, save harmless, and indemnify an employee
against tort claim or demand, whether groundiess or otherwise, arising out of alleged acts
or omission occurring in the performance or scope of the employee's duties.
t0.2 Notwithstanding the provisions of Subd. 10.1, the Emplayer shall not be required to
defend or indemnify any employee against personal liabilify or damages, costs or expense
(a) resulting from a claim, suft, verdict, finding, determination or judgment that the
empioyee has committed an intentional tort or torts, including but not Iimited to slander,
libel, and/or other defamatory harms; or (b) arising out of cross claims, counterclaims,
affirmative defenses andfor separate aotions brought against such employee in response
to or resulting from claims, ailegations, demands or actions (whether or not litigation was
actually commenced) brought, made or instituted by such employee.
10.3 Notwithstanding the provisions of Subd. 10.1 or 10.2, the Empioyer may at its sole
discretiort defend an employee against allegations, ciaims, demands or actions wholly or
in part based on or arising out of ciaimed intentional torts, and in such cases, the
employee consents to the extent lawfully permitted to such representation without regard
to actual or potential confiicts of interest.
10.4 Each employee, within twenty (20) days after receiving notice oE (1} a tort ctaim or
demand, action, suit or proceeding against him or her, and (2) a judgment, verdict, finding
or determination, either of which arises out of alleged or found acts or omissions
occurring in the pertormance or scope of the employee's duties, shall notify the Employer
by giving written notice thereof to the Employer's General Counsel.
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ARTICLE 11. MILEAGE
11.1 MILEAGE ALLOWANCE. Employees of the School District, under policy adopted by the
Board of Education, may be reimbursed for the use of their automobiles for school
business. The mileage allowance for eligible employees shall be established by the
Board of Education. The mileage reimbursement rate shall be indexed periodically ta
reflect the rate established by the Internai Revenue Service.
i1.2 REIMBURSEMENT PROCEDURES. An employee must keep a record of each trip
made. Reimbursement shall be for the actual mileage driven in the pertormance of
assigned duties as verified by the appropriate school district administrator and in
accordance with Schooi District Business Office policies and procedures.
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ARTICLE
SECTION 1
12. INSURANCE
ACTIVE EMPLOYEE INSURANCE
1.1 The insurance plans, premiums for coverages and benefits contained in the insurance
ptans offered by the Emptoyer shatl be solely controiled by the contracts negotiated by the
Employer and the benefit providers. The Employer wili attempt to prevent any changes in
the benefits offered by the benefit providers. However, the employees selecting the
offered pians agree to accept any changes in benefits which a spec'rfic provider
impiements.
12 Elioibiiitv Waitina Period. One (1) fuil month of continuous regularly appointed service in
Independent Schooi District No. 625 will be required before an eligible empioyee can
receive the District contribution to premium cast for health and life insurance provided
herein.
1.3
1.4
For the purpose of this Article, full-time employment is defined as appearing on the payroll
at least thirty-two (32) hours per week or at least s'udy-four (64) hours per pay period
exctuding overtime hours.
For the purpose of this Article, half-time employment is definetl as appearing on the
payroll at least twenty (20) hours per week or at least forty (40) hours per pay period
excluding overtime hours.
1.5 For each fufl-time employee who selects employee coverage under a medicai insurance
plan offered by the Employer, the Employer agrees to contribute the cost of such
coverage or $370 per month, whichever is less. For each full-time employee who selects
family coverage, the Employer wili contribute the cost of such family coverage or $610 per
month, whichever is iess.
1.5.1 Effective January 1, 2006, for each full-time employee who selects employee
coverage under a medicai insurance ptan offered by the Employer, the
Employer agrees to contribute the cost of such coverage or $420 per month,
whichever is less. For each full-time employee who selects family coverage,
the Employer will contribute the cost of such family coverage or $740 per
month, whichever is less.
1.52 Effective January 1, 2007, for each full-time employee who selects employee
coverage under a medicai insurance plan offered by the Employer, the
Employer agrees to contribute the cosf of such coverage or $458 per monffi,
whichever is less. For each full-time employee who selects family coverage,
the Employer will contribute the cost of such family coverage or $810 per
month, whichever is less.
1.6 For each half-5me employee who selecis emptoyee coverage under a medical insurance
pian offered by the Employer, the Employer agrees to contribute fifty percent (50%) of the
amount contributed for full-time employees selecting such employee insurance coverage.
For each half-time employee who selects family insurance coverage, the Empioyer will
contribute fifty percent (50°/a) of the amount contributed for fuil-time employees selecting
such family insarance coverage.
1.7 L"rfe Insurance. For each eligible employee, the Employer agrees to provide $25,000 of
basic I"rfe insurance coverage. Effective January 1, 2006, for each eligible employee, the
Empioyer agrees to provide $50,000 of basic I'rfe insurance coverage.
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ARTICLE 'I2. INSURANCE, Section � (continued)
1.8 Dental Insurance. Effective January I, 2006, the Employer will contribute for each eligible
employee who is employed full-6me toward participation in a dental care plan ofFered by
the empioyer up to $35 per month for single coverage. Employees who wish to enroli in
family dentaf coverage may pay the difference hetween the cost of tasnify coverage and
single coverage.
1.9 During the term of this Agreement, a pre-tax medical and chiid care expense account will
be made avaitable to employees in this bargaining unit who are e{igible far Empioyer-paid
premium contribution for health insurance. The account will be available for medical and
child care expenses within the estabiished legai regulations and IRS requirements for
such accounts.
1.10 Lono-Term Disabilitv Insurance. The Employer shall provide, for each eligibie employee
covered by this agreement who is employed fuli time, Vong-term disability insurance.
SECTiON 2. RETIREMENT HEALTH INSURANCE PROVISIONS
2.1 Benefit Eliaibilitv for Emolovees who Retire Before Aae 65
2.1.1 Emolovees hired into District service before Januarv 1, 1996, must have
completed twenty (20) years of continuous employment 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.
Not less than ten (10) of the years immediately preceding retirement must fiave
been compieted within the actual employment of the District (i.e., service credit
with tfie City of Saint Paul or other governmental unit shaii not be considered in
meeting this ten (10)-year requirement. Effective June 30, 2006, all years of
service toward meeting the twenty (20)-year requirement must be in the actuaf
empioyment of Independent School District No. 625. No outside time wfth the
City of Saint Paul or other governmentai units will be considered.
2.12
2.1.3
tmp�ovees nireo into Uistrict service aiter Januarv 1. 1996, must have
completed iwenty (20) years of service with Independent Schooi District
No. 625. Time with the City ot Saint Paul will not be counted toward this twenty
(20)-year requirement.
Eliaibilitv reauirements for aIl retirees:
A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement
Association or other public employee retiree program at the time of
retirement and have severed the employment relationship with
Independent School District 625.
B. Must have been employed by Independent School District 625 and
covered under this Agreement immediately preceding retirement.
C. 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 eligible for and is enrolled in the
independent School District No. 625 heaith insurance program, or in any
other Employer-paid health i�surance program.
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ARTICLE �2. INSURANCE, Section 2{continued)
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2.3
D. Additional dependents beyond those designated to the District at the time
of re6rement may not be added at District expense after retirement.
E. 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.
F. Empioyees terminated for cause wili not be eiigibie tor empioyer
contributions toward insurance premiums for either pre-age 65 or past-
age 65 coverage.
Emplover Contribution Levels for Emolovees Retirina Before Aae 65
22.1
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Heatth insurance Employer Contribution
Employees who meet the requirements in Subd. 1 or Subd. 2 will receive a
District contribvtion toward heatth ins�rartce untii the employee reaches sixty-
five (65) years of age as defined in this subdivision.
22.1.1 District contribution toward
same doffar amount the
coverage to the carcier
employment.
health insurance premiums wiii equal the
District contributed for single or family
i the employee's last month of active
22.12 In the event the District changes health insurance carriers, it will have
no impact on the District contribution for such croverage.
22.�.3 Any empioyee who is receiving family coverage premium contribution
at date of retirement and later changes to single coverage will receive
the dollar contribution to single coverage that was provided in the
conVact under which the retirement became effective.
Life Insurance Empioyer Contribution
The District will provide for early retirees who qualify under the conditions of
2.1.1 or 2.12 of this Secfion, premium contributions for eligble retirees for
$5,000 of Irfe insurance only until their sixry-fifth (65th) birthday. No I'rfe
insurance will be provided, or premium contributions paid, for any retiree age
sixty-five (65) or over.
Benefit Eliaibil"itv for Emolovees After Aae 65
2.3.1 Em�bvees hired into the District betore Januarv 1, i996, who retired before
age sixty-five (65) and are receiving benef'ds per Subd. 2 above are eligible,
upon reaching age sixty-five (65), for empfoyer premium confibutions for fieafth
insurance described in 2.4 of this Section.
2.3.2 Empiovees hired into the District before Januarv 1. 1996, who retire at age
s'ucty-five (65) or older must have completed the service eligibility requirements
in 2.1 of this Section to receive Distriet contributions toward post-age sixty-five
(65) health insurance premiums.
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ARTICLE 12. INSURANCE, Section 2(continued)
2.3.3 Emoiovees hired on or after Januarv 1. 1996, shali not have or acquire in any
way any eligibility for Employer-paid heaRh insurance Qremium contribution for
coverage in retirement at age sixty-five (65) and over in 2.4 of this Section.
Employees hired on or after January 1, 1996, shall be eligible for oniy eariv
retirement insurance premium contributions as provided in 22 and Deferred
Compensation match in 2.5 of this Section.
2.4 E�lover Contribution Levels for Retirees After Aae 65
2.4.1 Emplovees hired into the District before Januarv 1, �996, who meet the
eiigibility requirements in 2.3.1 and 2.32 of this Section are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the
District. Premium contributions for such policy wiii not exceed:
Coveraae Twe
Medicare Eligible
Non-Medicare Eligible
Sinale Fami
$300 per month $400 per month
$400 per month $500 per month
At no time shall any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions specified must be
paid directly and in full by the retiree, or coverage will be discontinued.
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2.5 Emoiovees hired after Januarv 1. 1996, after completion of three (3) fuli years of
consecutive active service in Independent School District No. 625, are eligible .to
participate in an employer-matched Minnesota Deferred Compensation Plan. Upon
reaching eligibility, the District wifl match up to $50 per paycheck to a maximum of $500
per year of consecutive active service, up to a cumulative I'rfetime maximum of $12,500.
Part-time employees working half-time w more will be eligibie for up to one ha{f
(50 percent) of the available District match. Approved non-compensatory leave shali not
be counted in reaching the three (3)-full years of consecutive active service, and shall not
be considered a break in service. Time worked in the City of Saint Paul will not be
counted toward this three (3)-year requirement.
Federai and state rules goveming participation in the Minnesota Deferred Compensation
Plan shafl apply. The emptoyee, not the District, is sofely responsible for rletermining
his/her total maximum allowable annual contribution amount under IRS regulations.
The employee must initiate an application to participate through the DistricYs specified
procedures.
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ARTiCLE 13. HOLfDAYS
13.1 Holidavs Recoanized and Observed. The foliowing days shall be recognized and
observed as paid holidays:
New Yea�'s Day
Martin Luther King Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
Eligibie employees shall receive pay for each of the holidays listed above on which they
perform no work. Whenever any of the holidays iisted above shall fall on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the holidays listed
above shall fall on Sunday, the succeeding Monday shall be observed as the holiday.
13.2 Eliaibilitv Reauirements. To be eligible for holiday pay, an employee must have been
active on the payroti the day of fhe holiday. (f is further understood that neither temporary
nor other employees not othervvise eligible shall receive holiday pay.
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'13.3 In the case of Board of Education employees, 'rf Martin Luther King Day or Presidents'
Day falls on a day when school is in session, the employee shall work ihat day at straight
time and another day shali be designated as the holiday. This designated holiday shall be
a day on which school is not in session and shall be determined by agreement between �
the employee and tBe supervisor.
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ARTICLE 14. VACA710N
14.1 In each calendar year, each full-time employee shall be granted vacation according to the
fotlowing schedule:
Years of Service
First Year Through 8 Years
After 8 Years Through 15 Years
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'14.3
After � 5 Years
Vacation Hours Earned
Per Hour On Pavroil
0.0692
0.0885
0.1077
'Annual
Hours
Eamed
144
184
224
'Annual
Days
Eamed
18
23
28
'Annual hours and days eamed are based on a two thousand eighty (2,080)-hour work
year. Vacation is earned on regular hours on payroll. Years of Service is defined as the
number of years since the date of empioyment.
Emp{oyees vdho work less than futi-time shati be granted vacation on a pro rata basis.
The employee may carry over into the following year up to a maximum of one hundred
sixry (160) hours of vacation.
14.4 If for reasons of business the department head determines that additional carry over is
necessary for an empioyee, then the employee shall ask the immediate supervisor to
allow additional time be carried over. The time of vacation shall be fixed by the head of
the department in which the employee is employed. If an employee has been granted
more vacation than the employee has earned up to the time of separation from service,
the employee shali reimburse the School District for such uneamed vacation. If an
empfoyee is sepa.�ated from the School District by reason of resignation, the employee
shail be granted such vacation pay as the employee may have earned and not used up to
the time of such separation, provided that the empioyee has notrfied the department head
in writing at least fifteen (15) calendar days prior to the date of resignation. If an
employee is separated from the School District by reason of discharge, retirement or
deatM, the employee shall be granted such vacation pay as may have been earned and
not used up to the time of such separation.
14.5 Sick Leave Conversion to Vacation. If an employee has an accumulation of sick leave
credits in excess of one thousand four hundred forty (1,440) hours, hefshe may convert
any part of such excess to vacation at the rate of one-half (1/2) days vacation for each
day of sick leave credit.
The maximum number of hours vacation allowed by the conversion of sick leave credits
shall be no more than forty (40) hours in any one year.
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ARTICLE 15. PROBATION
15.� Oriainal Emolovment Probation. A new employee shall serve a six (6)-month
probationary period, foilowing regutar appointment to a position covered by tfiis
Agreement. At any time during fhis original probationary period, the employee may be
suspended, disciplined w discharged at the discretion of the Employer, and without
recourse to the grievance procedure. The probation period wili exclude any unpaid leaves
of absence when calculating time toward completion ot any probafionary period.
152. Promotional Probation. An empioyee newly promoted to a pasfion covered by this
Agreement shail remain on promotional probation for a period of six (6) months. At any
time during this probationary period, the empioyee may be retumed to the employee's
previous position or to a position to which the employee may have been transferred or
assigned prior to the promotion, at the discretion of the Employer, and without recourse to
the grievance procedure.
ARTICLE 16. DISCIPLINE
16.1 The Employer wiil discipline employees for just cause only. Discipline wiii be in the form
of:
a) Oral reprimand;
b) Written reprimand;
c) Suspension;
d) Reduction;
e) Discharge.
16.2 Employees and the Union wiil receive copies of written reprimands and notices of
suspension and discharge.
16.3 Pretiminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demofion,
or discharge, the supenrisor will make a recommendation to his/her supervisor regarding
proposed discipline. The supervisor wilt then offer to meet with the employee pr+or to
making a final determination of the proposed discipline. The empioyee shall have the
opportunity to have union representation presenY and be provided the oppoRunity to
speak on hislher behalf regarding the proposed action. If the empioyee is unable to meet
with ihe supervisor, the employee will be given the opportunity to respond in writing.
16.4 Employees who are suspended, demoted or discharged retain all rights under Minnesota
Statute §779A.20, Subdivision 4, and thereby have the right to request that such actions
be considered a"grievance° for the purpose of processing through the provisions of
Article 17 (Grievance Procedures}. Ora( reprimands shati not be subject to the grievance
review procedures.
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ARTICLE 17. GRIEVANCE PROCEDURES
17.i The Employer shal4 recognize stewards seleeted in accordance with Union rufes and
regulations as the grievance representative of the bargaining unR. The Union shall notify
the Employer in writing of the names of the stewards and of their successors when so
named.
�72 It is recognized and accepted by the Empioyer and the Union that the processing of
grievances as hereinafter provided is Iimfted by the job duties and responsibilities of the
employees and shali therefore be accomplished during working hours oniy when
consistent with such employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working hours, provided the Steward and the employee have notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
would not be detrimentai to ihe work programs of the Empioyer.
17.3 The procedure established by this Article shafl he the sofe and exclusive procedure,
except for the appeai of disciplinary action as provided by Article 16, for the processing of
grievances, which are defined as an afteged violation of the tertns and conditions of this
Agreement.
Grievances shall be resolved in conformance wfth the foilowing procedure:
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Ste� 1 Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the
employee's supervisor. If the matter is not 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 ihe nature
of the grievance, the facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the
Agreement not reduced to writing by the Union within ten (10) caiendar days of
the first occurrence of the event giving rise to the grievance or within the use of
reasonable diligence should have had knowledge of the first occurrence of the
event giving rise to the grievance, shall be considered waived.
Steo 2 Within ten (10) calendar days after receiving the written grievance, a
designated Empioyer Supervisor shall meet with the Union Steward and
attempt to resolve the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shall reply in writing to the Union within
five (5) calendar days following this meeting. The Union may refer the
grievance in writing to Step 3 within ten (10) calendar days following receipt of
the Employer's written answer. Any grievance not referred in writing by the
Union within ten (10) calendar days following receipt of the Employers answer
shafl be considered waived.
Steo 3 Within ten (10) calendar days foliowing receipt of a grievance referred from
Step 2, a designated Employer Supervisor shaii meet with the Union Business
Manager or the designated representative and attempt to resolve the grievance.
Within ten (10) calendar days following this meeting, the Employer shali reply in
writing to the Union stating the Employe�s answer conceming the grievance. If,
as a result of the written response, the grievance remains unresoived, the
Union may refer the grievance to Step 4. Any grievance not referred in writing
by the Union to Step 4 within ten (10) calendar days following receipt of the
Employer's answer shall be considered waived.
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ARTICLE 17. GRIEVANCE PROCEDURES (continued): �
Ste° 4 If the grievance remains unresoNed, the Union may wifhin ten (10}-ca(endaz
days after the response of the Employer in Step 3, by written notice to the
Empioyer, request arbitration of fhe grievance. The arbitration proceedings
shail be conducted by an arbitrator to be seiected by mutual agreement of the
Emptoyer and the Union within ten (�0) calendar days after notice has been
given. If the parties fail to mutually agree upon an arbitrator within the said ten
(10)-day period, efther parry may request the Bureau of Mediation Services to
submit a panel of five (5j 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 name; the Employer shafl then strike one (1) name. The process will
be repeated and the remaining person shall be the arbitrator.
17.4 The arbitrator shall have no right to amend, mod'rfy, nuilify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shali consider and decide oniy the
spec'rfic issue submitted in writing by the Employer and the Union and shall have no
authority to make a decision on any other issue not so submitted. The arbitrator shali be
without power to make decisions contrary to or inconsistent with or modifying or varying in
any way the application of laws, rules or regulations having the force and effect of law_
The arbitrato�'s decision shall be submitted in writing wrthin thirty (30) days following close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shali be based solely on the arbitrato�'s
interpretation or appiication of the express terms of this Agreement and io the facts of the
grievance presented. The decision of the arbitrator shall be final and binding on the
Employer, the Union, and the employees.
17.5 The fees and expenses for the arbitratofs services and proceedings shall be bome �
equally by the Employer and the Union, provided that each party shall be responsible for
compensating its own representafives and witnesses. !f either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record.
�7.6 The time )imits in each step of this procedure may tre extended by mutual agreement of
the Employer and the Union.
17.7 For the purpose of this severance pay program, a transfer from Independent School
District No. 625 employment to City of Saint Paul employment is not considered a
separation of employment, but such transferee shall not be eligibie for this severance
prograrn.
77.8 It is understood by the Union and the Employer that a grievance may be determined by
edher the grievance procedure of this contract or by the provisions of the Civil Service
Rules of the City of Saint Paul. if an issue is determined by this grievance procedure, it
shall not again be submitted for arbitration under the Civil Service Rules. If an issue is
determined by the provisions of the Civii Service Rules, it shalf not again be submitted for
arbitration under this grievance procedure.
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• ARTICLE 18. SEVERANCE PAY
18.7 The Employer shall provide a severance pay program as set forth in this Articfe. Payment
of severance pay shall be made wfthin the tax year of the retirement as described in
Business Office Rules.
182 To be eligibie for the 403(b) tax-deferred retirement program for sheltering severance pay
and vacation pay, an employee must meet the following requirements:
18.2.1 7he empioyee must be fifty-five (55) years of age or older.
18.2.2 The empioyee must be voluntarily separated from School Disirict empioyment
or have been subject to separation by layoff or compulsory retirement. Those
emp{oyees who are discharged for cause, misconduct, inefficiency,
incompetency or any other disciplinary reason are not eligible for this severance
pay program.
'18.3 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
efigibility requirements set forth in � 82 above, he or she wili receive a District contribution
to the School District No_ 625 403(b) Tax-Deferred Retirement Plan for Sheitering
Severance Pay and Vacation Pay in an amount equai to $90 for each day of accrued,
unused sick leave, up to 188.89 days.
�8.3.1 If an empioyee not'rfies 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 School District No. 625 403(b) Tax-
� Deferred Retirement Pian for Sheltering Severance Pay and Vacation Pay in an
amount equal to $65 pay for each day of accrued, unused sick leave up to 231
days.
18.3.2 If exigent circumstances exist, such as a sudden illnessrnjury of the employee
or immediate family member necessitating immediate retirement, and 'rf the
empfoyee meets the eligibility requirements set forth above, he or she wilt
receive a District contribution to the School District No. 625 403(b) 7ax-
Deferred Retirement Plan for Sheftering Severance Pay and Vacation Pay in an
amount equal to $90 pay for each day of accrued, unused sick leave up to
188.89 days.
18.4 Effective January 1, 2006, the maximum amount of money that any employee may obtain
through this 4Q3(b) Tax-Deferred Retirement P4an for Sheltering Severance Pay and
Vacation Pay is $17,000.
18.5 Eor the purpose of this 403(b) Tax-Deferred Retisement Plan for Shettering Severance
Pay and Vacation Pay, a death of an empioyee shali be considered as separation of
employment and, 'rf the employee would have met all of the requirements set forth above
at the time of his or her iieath, contributions to the 403(b) Tax-Deferred Retirement Pfan
for Sheftering Severance Pay and Vacation Pay shaii be made to the employee's estate.
18.6 For the purpose of this 403(b} Tax-Deferred RetiremeM PVan for Shekering Severance
Pay and Vacation Pay, a transfer from Independent Schooi District No. 625 employment
to City of Saint Paul employment is not considered a separation of employment, and such
transferee shall not be eVigible for this pian.
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ARTICLE 19. WAGE SCHEDULE
19.1 The wage schedule for purposes of fhis contract shali be Appentlix A, attached hereto.
19.2
19.3
The Vehicle Mechanic Leadworker rate will be no less than 252 per hour higher than the
Vehicie Mechanic rate.
The Nuhition Services Equipment Repair Leadworker rate will be no less than $.60 per
hour higher than the Nutrition Services Equipment Repair rate.
ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE
20.1 The Union and the Employer agree that there shall be no strikes, work stoppages,
slowdowns, sit-doevns, stay-ins, or other concerted inierferences with the EmployePs
business or affairs by any of the said Union and/or the members thereof, and there shali
be no bannering during the existence of this Agreement without first using all possibie
means of peacefui settlement of any controversy which may azise. Employees engaging
in same shall be liable for discipiinary acbon.
ARTICLE 21. SICK LEAVE
21.1 Sick Leave. Sick leave shall accumulate at the rate of .0576 of a working hour for each
fult hour on the payroll, excluding overtime. Sick leave accumutation is uniimited. To be
eligible for sick leave, the empioyee must report to his/her supervisor no later than
one-half hour past his/her regular scheduled starting time. The granting of sick leave
shafl be subject to the terms and provisions of this Agreement. Any employee who has
accumulated sic[c leave as provided above shall be granted leave with pay, for such
period of time as the head of the departrnent deems necessary for the following specified
allowabie uses:
21.2 Personai Iliness. Employees may use accumulated sick ieave for hours off due to
personal illness. The employee may be required to fumish a mediCal cert'rficate from a
qual'rfied physician as evidence of iliness or physicaf disability fn order to qua(ify for paid
sick leave as per District practice. Accumulated sick leave may also be granted for such
time as is actually necessary for office visits to a doctor, dentist, optomeVist, etc.
292.1 Familv 11lness. Employees may use accumulated sick leave for hours off d�e 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 (8) hours sick leave per incident. Up to forty (40) hours of
accumuiated sick ieave may be used in a work yeaz to ailow the employee to care
for and attend to the serious or criticai iliness of his/her spouse or dependent
parent. These hours, when used, are deducted from sick Ieave.
21.2.2 Sick Child Care Leave. Sick leave to care for a sick chiid shali be granted on the
same terms as the employee is able to use sick Ieave for the employee's own
illness. This leave sha11 only be granted pursuant to Minnesota
Statute §181.9413 and shall remain available as provided in the Sfafute.
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ARTICLE 21. SICK LEAVE (continued)
212.3 Bereavement leave. A leave of a4sence with pay, not to exceed five (5) days,
shall be granted because of the death of an employee's spouse, child or step-
child, parent or step-parent, and regular members of the immediate househoid.
212.3.1 Up to three (3) days shall be granted because of death of other
members of the employee's immediate family. Other members of the
immediate family shall mean sister or step-sister, brother or step-
brotfier, grandpazent, grandchiSd, parent-in-iaw, son-in-faw or
daughter-in-law.
212.3.2 Leave of absence for one (1) day shall be granted because of death of
other close relatives. Other close relatives shall mean uncle, aunt,
nephew, niece, brothes-in-law, and sister-in-law.
212.3.3 A`day' for this purpose shati be equivalent to the regulariy assigned
workday of the employee, and such leave shail be deducted from
accumulated sick leave.
21.2.3.4 If an employee is required to travei beyond a two hundred (200�mile
radius of Saint Paul for purposes related to el'�gible bereavement
leave, iwo (2) additional days of sick leave may be used. The
empioyee ifi requested shall provide the Human Resource Departmeni
with verification of the funeral location outside of Saint Paui.
�
�
212.4 Up to fifteen (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. Use of these
fifteen (15) days does not need to occur consecutively.
2�.3 Sick Leave With Pav. During any period in which an employee is absent from work on
sick leave wfth Qay, the employee shall not be empfoyed or engaged in any occupation for
compensation outside of his/her regular employment with Independent School District No.
625. Violation ot Yhe provision of this paragraph by any employee shaii be grounds for
suspension or discharge.
ARTICLE 22. PARENTAL LEAVE
22.1 Parental Leave is a leave without pay or benefits that shail be granted upon request
subject to the provisions of this Section. It may be granted for reasons ofi adoption or
pregnancy and/or the need to provide parental care for a child or children of the employee
for an extended period of time immediately foliowing adoption or the conciusion of
pregnancy; such period of leave shali be no longer than one (1) calendar year in length.
Leave up to six (6) calendar months shall be granted upon request. Leave for more than
six (6) calendar months is at the discretion of the employer.
22.2 In case of pregnancy, an employee who wishes to use a period of (paid) earned sick
Ieave at the time of pregnancy and delivery-related disability, may request unpaid parenta!
leave for a period following the use of eamed sick leave; however, sick leave shall not be
granted within (during the course of) a period of unpaid parental leave. The employee
requesting such sequential leave shall submit an appiication in writing to the Director of
Human Resources of Independent School District No. 625 not iater than twelve (12)
weeks in advance of the anticipated date of delivery. The emgloyee will be required to
submit, at the time of use, appropriate medical verification for the sick leave time claimed.
17
ARTICLE 22. PARENTAL LEAVE (continued)
22.3 In the case of adoption, the employee shall submit a written application to the Director of
Human Resources of Independent School District No. 625, including the anticipated date
of placement of the child and at least twelve (12} weeks in advance of the anticipated date
of placement, or earlier'rf possible. Documentation wili be required.
22.4 When an employee is retuming from pazental leave extending over a period of six (6)
calendaz months or fess, the empioyee shall be placed, at fhe beginning of the first pay
period following the scheduled date of retum, in the same position held prior to the leave
or, if necessary, in an equivalent posftion.
22.5 When an employee has requested and been granted leave for a period ionger than six (6)
calendar months, but no more than twelve (12) calendar months, the employee will be
placed in an equivalent pasition aHer the scheduted date of retum as soon as an
equivalent vacancy becomes availabie. For purposes of this provision, an equiwalent
vacancy is a position in the same tftle that exists, has no certified incumbent, which is to
be filled, and for which no other person has rights.
ARTICLE 23. �AMtLY MEQICAL LEAVE
23.1 Effective February f, i984, 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 procetlures.
ARTICLE 24. SAFETY SHOES
24.1 The Empioyer agrees to pay $150 over the term of this agreement toward the purchase or
repair of saiety shoes for an employee who is a member of this unit. Preauthortzation is
required prior to the purchase of safety shoes. Employees must contact the Facility
Planning Office to obtain preauthorization for safety shces. This contribution to be made
by the Employer shall appiy only to those employees who are required to wear protective
shoes or boots by the Employer.
ARTICLE 25. SAVINGS CLAUSE
25.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and
the City of Saint Paul. In the event any provision of this Agreement shall be held contrary
to law by a court ot competertt jurisdiction from whose fina! judgment or decree no appeai
has been taken within the time provided, such provision shall be voided. All other
provisions shail continue in full force and effect.
•
s
�
m
• ARTICLE 26. DURATION
26.1 Except as hereir provided, this Agreement snall be e�ective as oi the date it is executed
by the parties and shall continue in fu11 iorce and effect through June 30, 2007, and
thereaf�er until modiiied or amended by mutual agreement of the oarties. Either party
desiring to amend, or modify this Agreement snaii notify the other in writing so 2s to
comply with the psovisions of the Pub4ic Employment labor Re4ations Act of 1971, as
amended.
262 This constitutes a tentative agreement between the parties which wifl be recommended by
the school district negotiator, but is subject to the approval �of the School Board, the
Administration of the District, and is also subject to ratitication by the Union.
26.3 Severabilitv. In the event that a�y provision(s) of this Agreement is declared to be
contrary to law try proper Iegislative, administrative or judicial authority from whose
finding, determination or decree no appeal is taken, such provision(s) shall be voided. All
other provisions shafl continue in full for�e and effect.
26.4 Waiver. The Employer and the Union acknowledge that during the meeting and
negotiating which resulted in this Agreement, each had the right and opportunity to make
proposals with respect to any subject concerning the terms and conditions of
employment. The agreements and understandings reached by the parties after the
exercise of this right are fully and completely set forth in this Agreement.
Therefore, the Emp4oyer and the Union for the duration ot this Agseement agree that the
other party shall not be obligated to meet and negotiate over any term or condition of
employment whether specifically covered or not specifically covered by this Agreement.
� The Union and Em¢Ioyer may, however, mutually agree to modify a�y provision of this
Agreement.
Any and ali prior ordinances, agreements, resolution, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
+nconsistent with this Agreement, are hereby superseded.
W Il'NESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
���- - 4��-
�hair, Board of Educatio
6 ��,rA�,.,e� / � '�
Negotiations(�oyee Relations Manager
fZ - (�- 05
Date
DISTRICT LODGE N0. 77,
INTERNATIONAL ASSOCIATION OF
MACHINISTS AND AEROSPACE
WORKE S, AFL-�O
c__�-< <l i ..�-�—
ausi nt _ _
Ne �tor
� �f /S � U5�
Date
•
19
APPENDIX A
The wage rates and salary ranges for classrfications in this unit are shown below:
Machinist
Vehicle Mechanic
Vehicle Mechanic Leadworker
Vehicie Mecfianic Trainee
First
Third
Fourth
Ffth
SiMh
Seventh
Eighth
EFFECTIVE
June 25. 2005
$22.98
$22.98
$24.77
EFFECTIVE
June 24 2006
$23.55
$23.55
$25.39
2,000 hours 60% of the Vehicle Mechanic base rate
1,000 hours 65°/, of the Vehicle Mechanic base rate
1,000 hours 70°/a of the Vehicle Mechanic base rete
1,000 hours 75% of the Vehicle Mechanic base rate
7,000 hours 80% of the Vehicle Mechanic base rate
1,000 hours 85°/, of the Vehicle Mechanic base rate
1,000 hours 90% of the Vehicle Mechanic base raTe
•
♦
�
Audio Vsua! Equipmenf Repairer
Nutrition Services Equipment Repai2r
EFFECTIVE
June 25. 2005
Probafionary
Rate Base
$2i.77 $22.98
$17.53 $78.55
EFFECTNE
June 24.2008
Probationary
Rate Rate
$22.31 $23.55
$17.97 $19.02
•
20
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: December 14, 2005
TOPIC: Approval of Empioyment Agreement Between Independent School District
No. 625, Saint Paul Public Schools, and Minnesota Teamsters Local 320,
Exclusive Representative for Nutrition Services Employees
A. PERTINENT FACTS:
1. New Agreement is for a two-year period from July 1, 2005, through June 30, 2007.
2. Contract changes are as follows:
Waqes: Effective June 25, 2005, the salary schedule rates are increased by 2.5%. The
premium pay for Line Leader increased from $.60 to $.65 per hour. Temporary or occasional
employee hourly rate increased from $7.50 to $8.90. Premium pay increased from $.35 to
$.40 per hour for Level 2 Certification. Floaters premium pay of an additional $.50 per hour
added for Nutrition Services Assistants.
Effective June 24, 2006, the top salary step will be increased by .5%. There is no salary
increase beyond the top step as indicated above; however, employees will earn up to five
days vacation pay on a prorata basis that is based on their time worked from the start of the
school year up to the end of the payroll period preceding Winter Break. In addition, the
premium pay for Line Leader will be increased to $.70 per hour.
Insurance: Effective January 1, 2006, the District's monthly contribution for single coverage is
$420 for the Distinctions Plan; $380 for the $1,000 Deductibfe Plan; and $370 for the Health
Savings Account Plan. Family/Single+l coverage is increased to $740 for all plans. Effective
January 1, 2007, the District's contribution for single coverage is increased to $458 for the
Distinctions Plan; $420 for the $1,000 Deductible Plan; and $410 for the Health Savings
Account Plan. Family/single+l coverage is increased to $810 for all plans.
Severance: Eligible employees who notify the District three months prior to retiring will
receive $12 per hour for unused sick leave up to $16,000. If notification is less than three
months, severance will be $10.00 per hour for unused sick leave up to $15,000.
Compensatorv Leaves: Employees may use up to 15 days per calendar year of accrued sick
leave to provide care for seriously ill spouse, parent or member of household. Language
added that allows up to 30 days of accrued sick leave to be used for adoption procedures or
for a father of a newborn child.
Bereavement Leave: Language regarding leave of absence with pay changed to include
step-child, step-sister, and step-brother. Language also added to allow a total of two days for
travel beyond a 200 mile radius.
Uniforms: The District will provide four uniform pieces to employees per school year. District
kitchen employees will be provided six uniform pieces per year.
3. The District has 238 employees in this bargaining unit.
Employment Agreement
Nutrition Services
4. This contract maintains the District's fiscal structural balance.
5. This contract supports the District's goal of creating institutional change.
December 14, 2005
Page Two
6. This request is submitted by Wayne Arndt, Negotiations/Employee Relations Manager;
Teresa C. Rogers, Executive Director of Human Resources and Employee Relations; Patrick
Quinn, Executive Director of School Services; and Lois Rockney, Executive Director of
Business and Financial Affairs.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those nutrition services
employees in this school district for whom the Minnesota Teamsters Local No. 320 is the
exclusive representative; duration of said Agreement is for the period of July 1, 2005 through June
30, 2007; and that the Board of Education of Independent School District No. 625 adopt a
resolution that this contract maintains the DistricYs fiscal structural balance.
�
�
2005 - 2007
AGREEMENT
between
INDEPENDENT SCHOOL DISTRICT NO. 625
Saint Paul Public Schools
.�
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MINNESOTA TEAMSTERS LOCAL NO. 320
Representing
Nutrition Services Personnel
July 1, 2005 through June 30, 2007
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•
ARTICLE
CONTENTS
NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT
PAGE
Article i. Definition of Agreement .............................................................................................1
Articie2. Recognition ................................................................................................................1
Article 3. Check Off, Fair Share ................................................................................................2
Article 4. Maintenance of Standards .........................................................................................2
Articie 5. Non-Discrimination, Affirmative Action ......................................................................2
Article6. Holidays .....................................................................................................................3
Article 7. Compensatory Leave .................................................................................................3
Article8. Hours .............................................�--.........................................................................5
Article9. Vacations ...................................................................................................................5
Article10. Breaks .......................................................................................................................6
Article 11. Civii Service Examinations and Probation .................................................................6
Articie 12. Seniority, Layoff and Recali ......................................................................................7
Article'f3. insuranceBenefiits .....................................................................................................8
� Article 14. Working Conditions .................................................................................................11
Article15. Severance .......................................................�--......................................................13
Articie16. Court Duty ................................................................................................................13
Article �7. Discipline and Discharge .........................................................................................14
Article �8. Grievance Procedure ...............................................................................................14
Articfe19. Leaves .....................................................................................................................16
Article Uniforms ..................................................................................................................18
Article2l Mileage ....................................................................................................................18
Articie W ages .....................................................................................................................19
Article 23. Duration of Agreement ............................................................................................20
AppendixA: Wages ................................................................................................................21-22
Memorandum ofi Understanding: Summer Schooi Selection .........................................................23
Index ............................................................................................................................................... 24
�
�
• ARTICLE 1. DEFINITION OF AGREEMENT
SECTION l. PARTIES. This Agreement is entered into between the Board of Education,
independent Schooi District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board
of Education, and Minnesota Teamsters Public and Law Enforcement Employees Union, Local
No. 320 (certified in Case No. 81-PR-268-A on December 5, 1980, by the Director of Bureau ot
Mediation Services as the exclusive representative), hereinafter referred to as �ocal No. 320,
pursuant to and in compf'iance with the Public Employment Labor Relations Aet of 1371, as
amended, to set forth the terms and conditions of employment.
SECTION 2. PURPOSE. The purpose of this Agreement is to promote orderly and
constructive relationships between the Board of Education, the employees of this unit, and Local
No. 320.
ARTICLE 2. RECOGNITION
SECTION 1. The Board of Education recognizes Local No. 320 as the cert'rfied exclusive
representative for the following unit:
All food service personnel in the titles contained in this Agreement who are
empioyed by independent School District No. 625 and who are public employees
as defined by PELRA.
• SECTION 2. The Board of Education agrees that as long as Locai No. 320 is the exclusive
representative in accordance with the provisions of PELRA, and as cert'rfied by the Bureau of
Mediation Services, State of Minnesota, for ail personnel defined in Section 1 of this Article, that it
will not meet and negotiate with any other labor or employee organization concerning the terms
and conditions of empioyment for this unit.
•
ARTICLE 3. CHECK OFF. FAIR SHARE
SECTION 1. The Empioyer agrees to deduct the Union membership indiation fee assessmenis
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 a(( employees shaif be remitted
together with an itemized statement to the representative by the first of the succeeding month
after such deductions are made or as soon thereafter as possible.
SECTION 2. The Empioyer agrees to deduct voluntary contributions from the Union
membership for the Nationai 'feamsters D.R.i.V.E. fund from the pay of those emp(oyees who
individually request in writing that such deductions be made. Such deductions shall be made
once each month and remitted to the Union.
SECTION 3. Any present or future empioyee who is not a Union member shall be required to
contribute a fair share tee for services rendered by the Union. Upon nofrfication by the Union, the
Employer shall check off said fee from the eamings of the empioyee and transmit the same to the
Union. In no instance shaii the required contribution exceed 85 percent of the Union membership
dues amount. This provision shall remain operative only as long as spec'rfically provided by
Minnesota law.
In the event there is a change in the law permitting the Union to assess an amount in excess of
85 percent of regular membership dues, the full amount permitted by law may be assessed by the
Union.
SECTlON 4. The llr�ior� wiil indemnify, detend, and hotd the Schoot Distrtct harmtess against
any claims made and against any suits instituted, and any orders or judgments issued against the
School District, their officers or employees, by reason of negligence of the Union in requesting or
receiving deductions under this Article.
ARTICLE 4. MAINTENANCE OF STANDARDS
SECTION 1. The Empioyer agrees that all conditions of employment relating to wages, work,
overtime differentiais, vacations, and general working conditions shall be maintained at not less
fhan the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paui
(Resoiution No. 3250) at the time of signing of this Agreement, and the conditions of employment
shall be improved wherever specific provisions for improvement are made elsewhere in this
Agreement.
ARTICLE 5. NON-DISCRIMINATION, AFFIRMATIVE ACTION
SECTION 1. IVeither the Union nor the Emptoyer shafl discriminate against any employee
because of Union membership or non-membership, or because of race, color, sex, religion,
nationai origin or political opinion or affiliations_
SECTION 2. AFFIRMATIVE ACTION. None of the provisions of this Agreement shali be
interpreted or implemented so as to be in conffict with or cause violation of the DistricYs
Affirmative Action Program as adopted by the Board'
'Effective March 22, 1984
e
•
�
2
• ARTICLE 6. HOLIDAYS
SECTION 1. Regular or provisional employees working under the titles covered by this Labor
Agreement, shail be eligible for six (6) holidays with pay (Labor Day, Thanksgiving Day, Friday
' following Thanksgiving, Martin Luther King Day, Presidents' Day, and Memorial Day), and in
accordance with the following ruies.
Employees who work in twelve (�2)-month positions will receive holiday pay for Christmas Day,
New Yea�'s Day and the Fourth of July. Employees who work summer school will be paid for the
Fourth of July.
To be eligible for holiday pay, employees must have been compensated for ali scheduled hours of
their last scheduled workday before the hoiiday and for their first scheduled workday following the
holiday. If an employee is late by less than thirty (30) minutes on the scheduled work day before
or the scheduled work day after the holiday, they will receive holiday pay.
If one of the above listed hoiidays falis on a day when school is in session, then the Nutrition
Services Director shall designate another day, when school is not in session, as a paid holiday.
All empioyees will be expected to work on ail days when school is in session, except when on
approved leave.
Holiday pay will be paid on the basis of the employee's regularly-scheduled number of hours in the
workday.
� ARTICLE 7. COMPENSATORY LEAVES
SECTION 1. ELIGIBILITY. Sick leave shaii be provided for all regular, non-temporary
empioyees.
SECTfON 2. ACCRUAL. Efigible employees shaii accrue sick leave at the rate of .0576 per
hour for each full hour paid, excluding overtime. In no case shall leave with pay be granted in
anticipation of any future accumulation.
SECTION 3. REPORTfNG. All employees shaif report sick leave as required in the Nutrition
Services Procedure Manual.
u
ARTICLE 7. COMPENSATORY LEAVES (continued) •
SECTION 4. Sick leave may be used for any of the following reasons:
1. Sickness or injury of the employee or empioyee's dependent children;
2. Time necessary for office visits to physicians, dentists or other health care personnel; or
3. Employees may use up to fifteen (15) days per calendar year of accrued sick leave to
provide necessary care for the serious or criticai illness of a spouse, parent, or a member
of his/her househoid.
4. Empioyees may use up to three (3) sick days per school year for personal leave.
Personal leave may be taken for any reason. If personal leave is used for non-
emergency reasons, the empioyee must submit a request to the immediate supervisor ten
(10) working days in advance of use. Approvai of personal leave is subject to approval
and the ability of the employer to cover work responsibilities. Personal leave may be
taken during any duty day or non-duty week day beginning after Labor Day each year
through the end of the regular work year in June.
5. If employees are working temporary hours and take a sick day, employee wili be paid the
total amourtt of hours they would have worked that day.
SEC7lON 5. SICK LEAVE CONVERSION. Accumulated sick leave in excess of one hundred
twenty-five (125) days (1,000 hours) may be converted to vacation at the rate of two (2) days sick
leave for one (7) day vacation up to a maximum of five (5) days vacation time. Vacation is to be
paid on the basis of regularly scheduled hours per day.
SECTION 6. BEREAVEMENT LEAVE. A leave of absence with pay, not to exceed five (5)
days, sha!! be granied because of the death of an empbyee's spouse, child, step-child, parent or �
step-parent, and regular members of the immediate household. Up to three (3) days shall be
granted because ot death of other members of the employee's immediate family. Other members
of the immediate family shall mean sister or step-sister, brother or step-brother, grandparent,
grandchild, parent-in-law, son-in-law or daughier-in-law. Leave of absence tor one (1) day shail
be granted because of death of other close relatives. Other close relatives shall mean uncle,
aunt, nephew, niece, brother-in-law and sister-in-law. Unused leave for such purpases shall not
be accumulated.
If an empioyee is required to travel beyond a two-hundred (200) mile radius of Saint Paui for
purposed related to eligible bereavement leave, two (2) additional days of sick leave may be used.
Employee, 'rf requested, shail provide the Human resource Department ver'rfication of the funeral
location outside of Saint Paul.
SECTION 7. ADOPTION AND �ATHER WITH NEWBORN CHILD. Up to thirty (30) days of
accrued sick Ieave may be used in a contract year to atfend to adoption procedures or to care for
a newly adopted child or a father with a newborn child. Use of these thirty {30) days dces not
neetl to occur consecutively. The thirty (30) days of sick leave for fathers of newboms must be
used within six (6) weeks surrounding the birth of the child. For adoption, thirty {30) days of sick
leave may be used for adoption procedures or up to six (6) weeks foliowing the adoption. Upon
completion of the adoption process adddional sick leave may be aliowed for the care of a sick
child as required by Minnesota Statue 18.9413.
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ARTICLE 8. HOURS
SECTiON 1. This Section is intended to oniy define the normal hours of work and to provide
the basis for the calculation of overtime pay. Nothing herein shali be construed as a guarantee of
hours of work per day or per week.
SECTION 2. Overtime is to be paid at the rate of time and one-haif (1-1/2) for all hours worked
in excess of forty (40) hours per week. Overtime compensation due the employee shall be paid at
the rate herein cited or by granting compensatory time on a time and one-half (1-1/2) basis if
mutually agreed to by the District and the employee.
ART{CLE 9. VACATIONS
SECTION 1. Employees who are assigned to the District Administration Complex on a twelve
(12)-month, full-time basis are eligible for vacation. Vacation credfts shail accumulate at the rates
shown below for each full hour on the payroll, excluding overtime:
Years of Service
lstyearthrough 5th year
6th year through 15th year
16th year through 25th year
26th year and thereafter
Hours of Vacation
.0385 (80 hours)
.0576 (120 hours)
.0808 (168 hours)
.0841 (175 hours)
Calculations shall be rounded off to the nearest hour. Estimated hours shown
above are based on a 2,080-hour work year.
SECTION 2. An employee may carry over one hundred twenty (120) hours of vacation into the
following "vacation year."
SECTION 3. For the purpose of this Articie, the "vacation yea�" shall be January 1 through
December 31.
SECTION 4. The scheduling of vacation is subject to approval of the employee's supervisor.
SECTION 5. Winter Break Vacation Pav. Effective June 24, 2006, for each regular hour
paid during the period ot the first workday of the school year up to the end ot the pay period
preceding Winter Break, employees will eam up to five (5) full days of vacation pay on a prorata
basis.
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ARTICLE 10. BREAKS
SECTION 1. All employees are entitled to a duty-free lunch break of thirty (30) minutes wBhouc
pay, at a time assigned by the manager.
SECTION 2. Breaks beside tunch shoutd be as follows:
Hours worked oer dav Break Time
Four (4) or more hours, but less than eight (8) hours One 15-minute break
Eight (8) or more hours Two 15-minute breaks
ARTICLE 11. CIVIL SERVICE EXAMINATIONS ANp PROBATION
SECTION 1. CIVIL SERVICE EXAMINATIONS. Notice of Civil Service (Personnel)
Euaminations for positions in the food production and service functions shail be posted in the
kitchen in each work location no later than five (5) working days before the closing date for
examination, subject to the timely receipt of information.
SEC710N 2. PROBATION. The probationary period shall be iwelve (12) consecutive months
from the date of appointment for posdions in the tiNes Nutrition Services Assistant and Nutrition
Services Helper. The probationary period, whether original or promotional appointment, for aIl
other titles covered by this Agreement shali be six (6) consecutive calendar months from the date
of appointment excluding holidays, schooi breaks, and leaves of absence.
�
Extended absences of any kind lasting one (1) month or more +n duration shall not be credited �
when calculating time towazds the compietion of either the original or promotional probationary
period.
If the employee's service is found unsatisfactory by the Director of Nutrition Services during the
period of original appoinfinent proba5on, the probafionary employee may be discharged aY the
discretion of the Director of Nutrition Services, prior to the end of the original probationary period.
ff the employee's service is found unsatisfactory by the Director of Nutrition Services during the
period of promotional appointment probation, the probationary employee shail be reinstated, at the
discretion of the Director of Nutrition Services, to his/her former position or io a pasition to which
he/she might have been transferred or assigned prior to the promotion, prior to the end of the
promotional probationary period.
Discharge or reinstatement to a lower level pasition during or at the conclusion of the probationary
period stated in this Section 2 is not grievabie under Article 5, nor is it subject to other appeal.
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� ARTICLE 12. SENIORITY, LAYOFF AND RECALL
SECTION 1.
SENIORITY.
Subd. 1. Seniority, for the purpose ot this Article, shall be defined as follows:
DISTRICT-W IDE SENIORITY is the length of continuous, regular, and probationary service
with the Employer from the date an employee was first certrfied and appointed to any class
title covered by this Agreement, it being further understood that district-wide seniority is
confined to the current class assignment held by an employee. in cases where two (2) or
more employees are appointed to the same class title on ihe same date, the district-wide
seniority shali be determined by the employee's rank on the eligible list from which the
certification was made.
BUILDING SENIORITY is the length of continuous, regular and probationary service with
the Employer from the date an employee's first day of work at one specific school district
facility in a certified and appointed position in a class title covered by this Agreement, ft
being further understood that building seniority is confined to the current class assignment
held by an employee. In the event an employee requests voluntary transfer and is then
transferred from one location to another, the employee shall begin to accrue building
seniority at the new location based on the date of assignment to the new location. tn the
event an employee is involuntarily transferred from one location to another (or laid offi and
recalled to a different location), the empioyee shall carry forward to the new assignment the
seniority date held prior to the transfer.
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In cases where two or more empfoyees are assigned to the same iocation in the same class
title on the same date, the employee with the greater district-wide seniority shail be
detesmined to have greater buiiding seniority.
Subd. 2. Seniority shall terminate wfien an emp{oyee retires, resigns or is discharged.
SECTION 2 LAYOFF
Su6d. 1. In the event it is determined by the Empioyer that it is necessary to reduce the
workforce, employees will be laid off by ciass title based on inverse length of buildino senioritv in
that class title.
ubd. 2. Two (2) weeks of notice shall be given to any employee laid off.
SECTION 3. RECALL. Recall from layoff shaii be in order of greatest district-wide seniority,
except that recali rights shali expire after eighteen (18) months of layoff. Any employee is eligibie
for recall to any position in his/her titie at any location, as long as the work hours do not exceed
the employee's regularly scheduled hours prior to the layoff.
Any employee who refuses an offer of recaii at any location shali forfeit ali further rights to recall.
It is understood that a recalled employee will pick up his/her former seniority dates in any class of
positions covered by this Agreement and previously held.
7
ARTICLE 13. INSURANCE BENEFITS
SECTION 1. ACTIVE EMPLOYEE INSURANCE
Subd. 1. Active Emolovee Heatth Insurance. Heatth and Welfare benefits shall be provided in
the form of premium contributions for eligibie emptoyees under the plan offered by fndependenf
School District No. 625 for Civil Service personnei. Employees seleeting a plan offered by a
Health Maintenance Organization agree to accept any changes in benefits which the Heafth
Maintenance Organization implements.
Subd. 2. Eliaible emolovees. Employees who become eiigible for medical and Irfe coverage,
shaii be considered full-time 'rf regulady assigned six (6) w more hours per day, and half-time if
regularly assigned at least four (4) but iess than six (6) hours per day.
2.1 For eligible hatf-time employees who elect medicai and I'rfe coverage, the Employer will
contribute one half (1/2) of the amount available for full-time empioyees electing such
coverage.
22 One (1) full month of continuous reguiarly appointed service in Independent School
District No. 625 wili be required before an eligible empioyee can receive the DisficYs
contribution of premium cost for insurance provided herein.
Subd. 3. Active EmDlovee Medical Insurance Emolover Contribution.
3.1 Employer agrees to contribute to the premium cost of hospital and medical coverage up
to $310 per month for each fuli-time employee who is eligible and elects employee
coverage in the lowest cost plan; $360 per month for each full-time employee who is
eligible and elects employee coverage in any other district offered plan; or up to $610 per
month for each full-time employee who is eligible and elects farnily or single plus
coverage.
32 The employer will contribute toward the premiums of spec'rfied insurance coverages per
the following schedule for eligible employees:
Effective Januarv 1. 2006
Sinale
Fam ilv/Sinole +'1
Distinctions Plan
$1,000 Deductible Plan
Heatth Savings Account Plan
$420
$380
$370
$740
$740
$740
Effective Januarv 1. 2007
Distinctions Plan
$1,000 Deductible Plan
Health Savings Account Plan
$458
$420
$410
$810
$810
$810
Subd.4. Active Emolovee Life insurance. The Emptoyer agrees provide each etigibie
empioyee $25,000 of I'rfe insurance coverage.
4.1 The amount of life insurance spec'rfied in Subd. 4 shall be reduced to $5,000 coverage
upon eariy retirement and shall continue until the early refiree reaches age sixiy-five (65),
at which time all Employer-paid Iife insurance shall be terminated.
Subd. 5. Pavroil Deduetions. Any premium costs in excess of the amounts stated above shall
be paid by the employee, by means of payroli deduciion.
Subd. 6. Fiexible Soendinp Account. It is the intent of the Employer to maintain during the
term of this Agreement a pian for medica( and chiid care expense accounts to be avaifab(e to
active employees in this bargaining unit who are eligible for Employer paid premium contributions
for heaith insurance for such expenses, within the estabtished tegaf regulations and IRS
requirements for such accounts.
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ARTICLE 13. INSURANCE BENEFITS (continued)
SECTION 2. RETIREMENT HEALTH INSURANCE
Subd. 'I. Benefit Eliaibilitv for Em�lovees who Retire Before Aae Sixtv-Five (651
1.1 Emplovees hired into District service before Januarv � 1996 must have completed the
following service eligibility requirements with fndependent Schooi District No. 625 prior to
retirement in order to be eligibie for any payment of any insurance premium contribution
by the Distriet after retirement:
A. Be receiving pension benefits from PERA, St. Pau{ Teachers Retirement
Association or other pubiic employee retiree program at the time of retirement and
have severed the employment retationship with lndependent School District
No. 625;
B. Must be at least fifty-five (55) years of age and have completed twenty-five (25)
years of service, or;
C. The combination of their age and their years of service must equal eighty-five (85)
or more, or;
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E.
Must have completed at least thirty (30) years of service; or
Must have compieted at least twenty (20) consecutive years of service within
Independent School District No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paul will continue to be counted toward
meeting the service requirement of this Subdivision 1.1 B, C or D, but not fior 1.1 E.
12 Emplovees hired into District service after Januarv 1. 1996, must have compieted twenty
(20) years of service with Independent School District No. 625. Time with the City of Saint
Paul wiii not be counted toward this twenty (20)-year requirement.
1.3 Eligibility requirements for all retirees:
A. A retiree may not carry hisfher spouse as a dependent 'rf such spouse is aiso an
independent School District No. 625 retiree or Independent School District No. 625
empioyee and eligible for and is enrolled in the Independent School District No.
625 health insurance program, or in any other Employer-paid health insurance
program.
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C.
Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this Section.
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ARTICLE 13. INSURANCE BENEFITS, Section 2(continued)
Subd. 2. Emolover Contribution Levels for Em�Iovees Retirina Before Aae Sixtv-Five (651
2.1
22
Health Insurance Employer Contribution
Employees who meet the requirements in Subd. 1.1 or Subd. 12 of this Article will
receive a District contribufion toward health insurance until the employee reaches sixry-
five (65) years of age as defined in this subdivision.
2.1.1 The District contribution toward health insurance premiums will equal the same
dollar amount the Disfict contributed for single or famiiy coverage to the carrier in
the emp(oyee's last month of active empioyment.
2.12 In the event the District changes health insurance carriers, it will have no impact
on fhe Districf contribution for such coverage.
2.1.3 Any employee who is receiving family coverage premium contribution at date of
retirement and tater changes to sing(e coverage wi(I receive the doltar contribution
to single coverage that was provided in the contract under which ihe retirement
became effective.
Life lnsurance Employer Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or �12
above, premium contributions for eligible retirees for $5,000 of I'rfe insurance only un6l
their sixty-f'ifth (65th) birthday, No Irfe insurance will be provided, or premium
contributions paid, for any retiree age sixty-five (65) or over.
Subd. 3. Benefit Eliaibilitv for Emolovees After Aae Sixtv-Five (65)
3.1 Em Io ees hired into the District before Janu 1 1 , who retiretl before age sixty-five
(65) and are receiving benefits per Subd. 2 above are eligible, upon reaching age
sixty five (65), for empioyer premium contributions for health insurance described in Subtl.
4 of this Article.
3.2 Emoiovees hired into the District before Januarv 1 1996 who retire at age 65 or older
must have compteted the service eligibitify requirements in Subd. 1 to receive District
contributions toward post-age-65 health insurance premiums.
3.3 Emolovees hired on or after Januarv 1. 1996. shali not have or acquire in any way any
eligibility ior Empbyer-paid heatth insurance premium contribution for coverage in
retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after
January 1, 1996, shal! be eligible for only earlv retirement insurence premium
contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5.
Subd" 4. Emplover Contribution Levels for Emplovees After Aae Sixty-Frve (651
4.1 Emplovees hired into the Disirict before Januarv 1. 1996, who meet the eligibility
requirements in Subdivisions 3.1 and 32 of this Article are eligible for premium
contributions for a Medicare Supplement health coverage policy selected by the District
Premium contributions for such policy will not exceed:
Coveraae Twe
Medicare Eiigible
Non-Medicare Eligible
Sinale Familv
$300 per month $400 per month
$400 per month $500 per monih
At no time shali any payment in any amount be made directly to the retiree.
Any premium cost in excess of the maximum contributions spec'rfied must be paid directly
and in full by the retiree, or coverage will be discontinued.
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• ARTtCLE 13. INSURANCE BENEFlTS, Section 2(continued)
Subd.5. Emolovees hired after Januarv 1. 1996, after completion of three (3) full years of
consecutive active service in I�dependent School District No. 625, are eligible to participate in an
� Emp{oyer-matched Minnesota Deferred Compensation Pian or employer-approved 403(b) pian.
Upon reaching eligibility, the District wiil match up to $50 per paycheck to a maximum of $500 per
year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time
- employees working half-time or more wili be eligible for up to one half (50 percent) of the available
District match. Approved non-compensatory leave shail not be counted in reaching the three (3)
full years of consecutive active service, and shaii not be considered a break in service. Time
worked in the City of Saint Paul will not be counted toward this three (3)-year requirement.
Federal and state rules goveming participation in the Minnesota Deferred Compensation Plan or
employer-approved 403(b) plan shall appty. The employee, not the District, is solety responsible
for determining his/her total maximum allowabie annual contribution amount under IRS
regulations.
The empfoyee must initiate an appiication to participate through the DistricYs specified
procedures.
ARTICLE 14. WORKING CONDITIONS
SECTfON 1. EMERGENCY CLOSINGS AND CALL fN
� Subd. 1. If it becomes necessary or desirable to close a school as a result of an emesgency,
the effort shall be made to notify employees not to come to work. Employees not notified who
report for work shall be granted two (2) hours' pay at their regular rate.
Subd. 2. An employee who is expected to come to work on a regular workday, or who is called
in to wortc at another time, shall receive a minimum of two (2) hours straight time pay for the work.
SECTION 2. WORKSHOPS. Employees in the NuVition Services program ordered by the
Nutrftion Services Director to attend Nutrition Services workshops shall be reimbursed for the
tuition of the workshop and the normai houriy rate for the time spent in the workshop.
SECTION 3. WORKING OUT OF CLASSIFICATION. Employer shall avoid, whenever
possible, working an empfoyee on an out-of-class assignment for a prolonged periai of time. Any
employee working an out-of-class assignment for a period in excess of fifteen (15) working days
during any fiscal year of employment shall receive the rate of pay for the out-of-ciass assignment
in a higher class'rfication not later than the sixteenth (16th) day of such assignment. For purposes
of this Article, an out-of-class assignment is defined as the full-time perforrnance of all of the
significant duties and responsibilities of a classification by an individual in another classification.
For the purposes of this Article, the rate of pay for an out-of-class assignment shail be the same
rate the empfoyee would receive it he/she were promoted to the higher classification.
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11
ARTICLE �4. WORKING CONDITIONS (continued)
SECTION 4. ADDITiON OF REGULRRLY SCHEDULED WORK HOURS. Whenever
reguiarly-scheduled hours are added to an existing Nutrition Services Assistant and Nutrition
Services Helper positions, The Nutrition Services Assistant w Nutrition Services Helper with ihe
greatest building seniority regularly empioyed in that kitchen or faciliry will be first offered the
additional work hours, if that Nutrition Services Assistant or Nutrition Services Helper is listed for
such consideration.
Subd. 7. To be Itsted for additional hours considera6on, a Nutri[ion Services Assistant or
Nutrition Services Helper must indicate in writing, at the start of the school year, to the Director of
Nutrition Services or to the designated immediate supervisor, the infention to be available for such
additional work time.
Subd. 2. If a(isted NuVition Senrices Assistant or Nutrition Services Heiper refuses additional
regularly-scheduled work time, the Director of Nutrition Services or desig�ated immediate
supervisor may remove that employee's name from the listirtg.
Subd. 3. A reduction in regularly-scheduled hours to a position covered by this Agreement
shall not be considered a layoff, and is not subject to the provisions of Article 8, Layoff and Reqll.
SECTIOfV 5. REQUESTS FOR CHANGE OF LOCATION. Emp(oyees who wish to be
considered for reassignment to another location should submit a written request to the office of
Director of Nutrition Services by April 7 of any year. The request should specify the locafion or
area the employee prefers.
SECTION 6. FOOD MANAGER'S FOOD SAFETY CERTIFICATION
�
Subd. '1. Nutrition Senrices Suoervisor 1. 2 and 3. "fhe parties recognize and acknowledge that �
the Saint Paul Food Manager's Cert'rfication (or a State of Minnesota Cert"rfication 'rf regulation
changes) is a requirement for holding a position in the Nutrition Services Supervisor 1, 2, 3 and
Nutrition Services Assistant 2 titles covered by this Agreement, and wiii be a requirement
prospectively for new appointees as weil. Nutrition Services Supervisors and Nutrition Services
Assisfant 2 employees who faif to hofd and(or renew cert�cation wiil be p(aced on non-paid leave
of absence for a period of up to sixry (60) days for the purpose of obtaining proper certification.
Failure to be properly certified wlthin that period wi!! be ca�se for termina6on. The District sha!!
reimburse employees in these titles for the following costs assxiated with maintaining
cert'rfication:
Course fee and study guide (one time only)
Test fee (one time only)
Up to ten (10) hours of paid time to take course and test
Renewalfees
Up to four (4) hours of paid time for renewal of cert�cation
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• ARTICLE �5. SEVERANCE
15.1 The Employer shaii provide a severance pay program as set forth in this Articie. Payment
of severance pay shall be made within the tax year of the retirement as described in
' Business Office Rules.
152 To be eligible for the 403(b) tax-deferred retirement program for sheftering severance pay
and vacation pay, an employee must meet the following requirements:
15.2.1 The employee must be fifty-five (55) years of age or oider.
15.22 The employee must be voluntarily separated from School District empioyment
or have been subject to separation by tayoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetence or any other disciplinary reason are not etigi6fe for this
severance pay program.
15.3 If an employee notifies ti�e Human Resource Department three (3) months in advance of
the date of retirement and requests severance pay and if the employee meets the
eligibility requirements set forth in 15.2 above, he or she will receive a District contri6ution
to the School District No. 625 403(b) Tax-Deferred Retirement Plan for Sheltering
Severance Pay and Vacation Pay in an amount equal to $12 for each hour of accrued,
unused sick leave, up to 1333.33 hours to a maximum ofi $�6,000.
15.3.1 If an employee notifies the Huma� Resource Department in less than three (3)
months in advance of the date of retirement and requests severance pay and rf
the employee meets the eiigibility requirement set forth above, he or she will
receive a District contribution to the School District No. 625 403(b) Tax-
• Deferred Retirement Plan for Shettering Severance Pay and Vacation Pay in an
amount equal to $10 pay for each hour of accrued, unused sick leave up to
1500 hours to a maximum of $15,000.
15.3.2 If exigent circumstances exist, such as a sudden ilinessMjury of the employee
or immediate family member necessitating immediate retirement, and 'rf the
empioyee meets the eligibitity requirements set forth above, he or she wiii
receive a District contribution to the School District No. 625 403(b) Tax-
Deferred Retirement Plan for SheRering Severa�ce Pay and Vacation Pay in an
amount equal to $12 pay for each hour of accrued, unused sick leave up to
1333.33 hours to a maximum of $16,000.
15.4 The maximum amount of money that any employee may obtain through this 403(b) Tax-
Deferred Retirement Plan tor Sheltering Severance Pay and Vacation Pay is $�8,000.
15.5 For the purpose of this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance
Pay and Vacation Pay, a death of an employee shaii be considered as separation of
empioyment and, if the employee would have met all of the requirements set forth above
at the time of fiis or her death, contributions to the 403(b) Tax-Deferred Retirement Plan
for Sheltering Severance Pay and Vacation Pay shall be made to the employee's estate.
15.6 For the purpose of this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance
Pay and Vacation Pay, a transfer from independent Schooi District No. 625 employment
to City of Saini Paul employment is not considered a separation of employment, and such
transferee shall not be eiigibie for this plan.
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ARTICLE 16. COURT DUTY
SECTION 1. Any employee who is required to appear in court as a juror or as a subpoenaed
witness shali be paid his/her regular pay while so engaged, unless the court duty is fhe resutt of
litigation undertaken by the employee or the Union against the Employer. Any fees that the
employee shall receive from the court for such senrice shall be paid to the Employer. Any
empioyee who is scheduled to work a shift other than the nortnaf daytime shift, shall be
rescheduled to work the normal daytime shift during such time as he/she is required to appear in
court as a juror or witness.
ARTICLE 17
SECTION 1.
just cause.
SECTION 2.
�1)
�2)
(3)
(4)
(5)
DISCIPLINE AND DISCHARGE
The Employer shall have the right to impose disciplinary actions on employees for
Discipiinary actions by the Empioyer shall include oniy the following actions:
Oral reprimand;
Written reprimand;
Suspension;
Demotion;
Dischazge.
SECTlON 3. Employees who are suspended, demoted or discharged shall have the right to
request that such actions be reviewed through the provisions of Article 5, Grievance Procedure of
this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute.
SECTION 4. PRELIMINARY REVIEW. Prior to issuing a discipiinary action of unpaid
suspension, demotion, or discharge, the supervisor will make a recommendation to hislher
supervisor regarding proposed discipline, The supervisor will then schedule a meeting with the
employee prior to making a final determination of the proposed discipline. The employee shall
have the opportun'dy to have union representation present and be provided the opportunity to
speak on his/her behalf regarding the proposed action. If the employee is unabie to meet with the
supervisor, the employee and/w union will be g'+ven ihe opportunity to respond in writing.
AR7ICLE '18. GRIEVANCE PROCEDURE
SECTION 1. This grievance procedure is established to resolve any spec'rfic dispute between
the employee and the School District conceming, and limited to, the interpretation or appiication of
the provisions of this Agreement.
SECTION 2. An employee presenting a grievance may elect to be represented by an
appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee
may choose to present his/her grievance without being represented by a Union representative,
provided, however, fhat the Union representative shali be notified of the adjusimeni or settlemeni
of any Step 2 grievance and provided further that any adjustment or settlement shall not be
inconsistent wfth the terms of the Agreement.
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� ARTICLE 18. GRIEVANCE PROCEDURE (continued)
SECTION 3. It is recognized and accepted by the Union and the Emptoyer that the processing
of grievances as hereinafter provided is limited by the job duties and responsibilities of the
' employees and shall therefore be accompiished during normal working hours when consistent
w'ith such employees' duties and responsibilities. The aggrieved employee and a Union
representative shall be allowed a reasonabie amount of time without loss of pay when a grievance
• is invesiigated and presented to the Employer during nortnal worki�g hours provided that the
employee and the Union representative have not'rfied and received the approvai of designated
supervisor and provided that such absence is reasonabie and would not be detrimental to the
work programs of the Employer. It is understood that the Employer shail not use the above
limitation to hamper the processing of grievances.
SEC710N 4. A grievance shail be resoived in the following manner:
Subd. 1. (Step 1) Any employee claiming a specific disagreement conceming the interpretation
or application of the provisions of this Agreement shall, within twenty (20) working days of its first
occurrence or within ten (10) working days of the time the empioyee reasonabty shouW have had
knowiedge of the occurrence, whichever is later, discuss the complaint orally with the
representative designated by the Director of Nutrftion Services. The representative of Director of
Nutrition Services shali attempt to adjust the complaint at that time.
Subd. 2. (Step 2) A grievance not resolved in Step 1 and appeated to Step 2 shall be placed in
wrfting setting forth the nature of the grievance, the facts on which ft is based, the provision or
provisions of the Agreement allegediy violated, the remedy requested, and shail be appealed to
Step 2 by the employee within fifteen (15) working days after the Employer-designated
representative's final answer in Step 1. Any grievance not appealed in wrRing to Step 2 by the
� employee within fifteen (15) working days shall be considered waived.
If appealed, the written grievance shall be presented by the employee and the Union and
discussed with the Director of Nutrition Services (or representative designated by the
Superintendent). The Director of Nutrition Services shall give the Union the Employer's Step 2
answer in writing within ten (10) working days tollowing the presentation. Any grievance not
appealed in writing to Step 3 by the empioyee and the Union within ten (10) working days after
receipt of the Employer's repiy shali be considered waived.
Subd. 3. (Step 3) If appealed, the written grievance shall be presented by the Union and
discussed at an informai meeting within ten (10) working days of receipt of tfie written grievance,
with the Superintendent of Schools or his/her representative. The Employer-designated
representative shali give the Union the Empioyer's answer in writing within ten (10) working days
after the review meeting. A grievance not resoived in Step 3 may be appealed in writing to Step 4
by the Union within ten (10) working days following the Employer-designated representative's final
answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten (10)
working days shall be considered waived.
Subd. 4. (Step 4) A grievance unresolved in Step 3 and appealed to Step 4 by the Union shail
be submitted to arbitration subject to the provisions of the Pubiic Employment Labor Relations Act
of 1971 as amended. if a mutuaily-acceptable arbitrator cannot be agreed upon, the selection of
an arbitrator shalf be made in accordance with the procedures of the Minnesota Bureau of
Mediation Services, 'rf the Union so requests within the spec'rfied ten (10) days.
•
15
ARTICLE 18. GRIEVANCE PROCEDURE, Section 5(continued)
SECTION 5. The arbitrator shali have no right to amend, modify, nuliify or ignore the terms and
conditions of Yhis Agreement. The arbitrator shall cortsider and decide onty the speci�ic issue(s)
submitted in writing by the Employer and the lJnion, and shall have no authority to make decisions
on any other issue not so submitted.
The arbitrator shall be without power to make decisions contrary to or inconsistent with or
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, copies to both parties and the
Bureau of Mediation Services within thirty (30) days foilowing the close of the hearing or the
s�bmission of briefs by the parties, whichever be later, unless the paRies agree to an extension.
The decision shali be binding on both the Empioyer and the Union and shall be based solely on
the arbitrator's interpretation or application of the express terms of this Agreement and to the facts
of the grievance presenfed.
The fees and expenses for the arbitrator's services and proceedings shall be bome equally by the
Employer and the Union, provided that each parry shali be responsibie for compensating its own
witnesses. if either party desires a verbatim record of the proceedings, it may cause such a
record to be made, providing it pays fw the record. If both parties desire a verbatim record of the
proceedings, the cast shall be shared equally.
�
If a grievance is not presented within the lime limfts set forth above, ft shall be considered waived.
If a grievance is not appealed to the next step within the specified time limit or any extension
thereof, ft shaii be considered settled on the basis of tfie Employe�'s last answer. If the Empioyer
dces not answer a grievance or an appeal thereof within the specrfied time Iimits, the Union may
elect to process the grievance to the neut step. The time limit in each step may be extended by
mutual wriften agreemenf of the Empioyer and the Union in each step. •
It is agreed by the Union and the Employer that, if a spec'rfic grievance is determined by this
grievance process, it shaii not again be submitted for consideration under any other procedure. it
is further understood that if a spec'rfic matter is determined by some other procedure, it shall not
again be submitted for review and arbitration under the procedures set forth in this Article.
ARTICLE 19. LEAVES
SECTION 1. APPLYING FOR LEAVES. Applications for leaves must be submitted in writing to
the Director of Nutrition Services at least forty-five (45) calendar days prior to the proposed start of
the leave without pay and shall include the proposed period of the leave and purpose for the
leave.
The Director of Nutrition Services witl reply to leave requests within fifteen (15) working days after
they are received in the Nutrition Services Office.
SECTION 2. SHORT-TERM LEAVES WITHOUT PAY. Short-term special leaves without pay,
not to exceed two (2) weeks in duration, may be requested and wiil be considered by the
Employer subject to the operational needs of the Employer and the ability to secure substitute
help to satisfactorily maintain the particular assignment of the empioyee involved.
�
16
• ARTICLE �9. LEAVES (continued)
SECTION 3. LONG-TERM LEAVES WITHOUT PAY. Leaves of absence may be requested
and are subject to approval of the Director of Nutrition Services. A Iist of typical leaves is provided
� belaw. This list does not cover aS{ possible reasons.
• Physical or mental incapacity of the employee to pertorm their work efficiently, where
_ the grarrting of a feave wili permit the empfoyee io receive treatment enabling them to
retum to School District service;
• Election or appointment of a full-time, paid position in an organization or union whose
members consist largely or exclusively of empioyees of ihe School District.
• Education or training reiating to the employee's regular duties or to prepare the
employee for advancement;
• Election of the employee to a School District or City of St. Paul position;
• Appointment of the employee to an unciassified School District or City of St. Paui
position;
• Disability or injury received in the pertormance of duty not due to the negiigence of the
employee for the period of the employee is receiving compensation payments from
the School District for temporary partial disability or temporary total disabiiity;
• Parentai leave upon the request of the empioyee.
Subd. 1. For a leave of six (6) months or Ionger, the employee must provide written notification
to the Director of Nutrition Services, indicating his/her spec'rfic intent to conciude the leave and be
available to return to active service as of the termination date specified in the leave. This written
� notification must be received by the Director of Nutrition Services no later than two (2) months
prior to the originaily-scheduied date of the leave termination.
Suhd. 2. Employees retuming from leave wil! be placed in the next available vacancy in their
job title.
Subd. 3. Employees who retum to service under the provisions of this Section will retain their
former seniority.
SECTION 4. MILITARY LEAVE. Pursuant to and within the limits of the requirements of
Minnesota Statute § 19226, employees shatl be granted military leave for up to fifteen (15) days
in any calendar year for required military service.
SECTION 5. FAMILY MEDICAL LEAVES. Effective February 1, 1994, leaves of absence shall
be granted as required under the federal law known as the Family and Medical Leave Aet (FMLA)
as long as it remains in force. The Human Resource Department provides procedures.
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ARTICLE 20. UNIFORMS
SECTION 1.
Subd. 1. The Employer will provide four (4) un'rform pieces to each employee per school year.
Seiection and composition of un'rforms is the Employe�'s option.
t.t Employees who work in the District Kitchen wili be provided six (6) unrform pieces per
school year.
Subd.2. The Employer will provide five (5) un'rform pieces at start-up for new employees.
Upon completion of the probationary period, the employee will be provided with two (2) additional
uniform pieces.
Subd. 3. Upon promotion to a sttpervisory title, the Employer wilt provide an additionat two (2)
un'rfortn pieces.
Subd. 4. A unrform piece for the purpose of this Articie shall be defined as any one of the
foilowing items as designated by the Nutrition Services Director for that location:
1) shirtftops;
2) slacks/pants;
3) aprons.
Employees will have the ffexibility to select any combination of un'rform pieces each school year,
so long as the un'rform pieces selected are part of the approved un'rform for that location.
•
SECTION 2. An employee who has received un'rforms and then terminates employment for •
any reason after less than six (6) full months of active employment is obligated to retum the
un'rforms to Nutritio� Services.
ARTICLE 21. MILEAGE
Nutrition Services empioyees regulariy assigned to travel between work locations shali be
reimbursed for eligible mileage in accordance wifh Schoo! Districi Business Office policies and
procedures.
IVutrdion Services employees who are not regulariy assigned to travel between work locations and
who accumulate $25 or more of eligible mileage expense within the fiscal year may be reimbursed
at the end of each fisca! year (July-Junej for such expense. Application for reimbursement must
be made no later than June 15 each year.
The mileage reimbursement rate for eligible mileage expense shali be the District reimbursement
rate established at the discretion of the Board.
An employee must keep a record of each trip made. Reimbursement shail 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.
•
18
• ARTICLE 22. WAGES
SECTION 1.
The pay rates shail be those described in Appendix A.
SECTION 2.
Subd. t Initial Piacement on the Salarv Schedule
When an empioyee is originally hired or moves from another unit inio a title covered by this
agreement or moves from one tftle covered by this agreement to a different title under this
agreement, initial step piacement will be conducted as described by Civil Service Rules, unless
the labor agreement contains a provision describing an alternative action. The labor agreement
supersedes these provisions of Civil Service Rules.
A newiy hired person regulariy appointed in the Nutrition Services Assistant or Nutrition Services
Heiper class'rfications will normaily start at the base rate.
A newly hired person regularly appointed in other tftles covered by this agreement wili typicaily
start at the Base Rate far that title.
A person appointed on a temporary basis normally will be paid at the temporary rate. The only
exception is for retirees retuming to work as temporary empioyees as described in Appendix A,
Wage Schedule Conditions.
Subd. 2. Steo Piacement on the Salarv Schedule for a Promotion
The Human Resource Departmeni will determine the step placement for a promotion from one
title in the District to a title covered by this Agreement. The step placement will be determined by
multiplying the hourly rate of pay the person was receiving prior to the promotion by 1.05 (a 5%
� increase). The person will be piaced in the new titie foliowing promotion at the first saiary step
that is equal to or greater than the rate caiculated when muftiplying the previous rate by 1.05. For
example, ff the person was making $10/hr before the promotion, the Human Resource
Department would multiply $'IO/hr x 1.05 =$10.50/hr. Then the person would be placed on the
step in the new title that was closest to but not less than $10.50lhr.
Subd. 3 Salarv Steo Propression
Progression through the steps of a salary range in this contract will be based on the following
conditions:
Employees must have received an overai] rating of "satisfactory' on their most recent
performance evaluation to receive any salary step advancement.
Effective January 1, 2002, movement to pay columns beyond the base rate wiil normally occur on
the first pay period following the anniversary date of ihe employee's appointment to a regutar
position in the schooi district, providing that the employee has completed the number of years in
the D+strict required for that step.
Effective July 1, 2004, employees who were paid on the payroll a minimum of 500 hours in the
previous twelve (12) months shall receive a step increment on the start of the pay period closest
to July 1 each year.
SECTION 3. During the term of this Agreement the Board may at its discretion unilaterally
increase the pay rates provided in Appendix A, to come into crompliance with the requirements of
the Minnesota Pay Equity Act.
SECTiON 4. RETROACTIViTY. Employees who have terminated employment wfth the Schooi
District prior to School Board ratification of the agreement, except for empioyees who retired and
met the contraetuai eligibility for retiree health insurance, shal! not be eligible for any retroaetive
. salary or benefits increases that resulted from the negotiated settlement.
19
ARTICLE 23. DURATiON OF AGREEMENT
This Agreemeni shall be in full force and effect from July �, 2005, through June 30, 2007, except
as otherwise specified herein, and shaii automatically be continued from year to year thereafter,
uniess a new Agreement is deveioped in accordance with the provisions of the Public
Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new Agreement
shall be indicated by either party providing written notice thereof at least ninety (90) days prior to
the termination date set forth herein.
NUTRITION SERVICES PERSORlNEL AGREEMENT
This Agreement is by and between Independent Schooi Districi No. 625 and Minnesota
Teamsters Public and Law Enforcement Employees Union Local No. 320, on behalf of Nutrition
Services Personnel.
in full settlement of 2005-2007 negotiations befween the herein parties, the parties have adopted
this Agreement, which is attached hereto and made a part hereof.
It is understood that this settlement shali be subject to approval and adoption by the Board of
Education of independent Schooi Disirict No. 625, as well as rat'rfication bythe Union.
INDEPENDENT SCHOOL DISTRICT NO. MINNESOTATEAMSTERSPUBLICANDLAW
625 ENFORCEMENT EMPLOYEES UNION LOCAL
NO. 320
.,���--,��;��-✓ ��.:. �.�..0
Chair, Board of Education Business Age t
�� ��_�'� � � �
Negotiations/Employee Relations Manager pate
b�/�o
Date
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•
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\ J
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•
APPENDIX A: WAGES
Effective June 25. 2005
NS Supervisor 1
NS Supervisor 2
N5 Supervisor 3
NS Assistant
NS Helper
NS Assistant 2
NS Temporary
Ste° 1
$13.05
$14.15
$16.08
$9.98
$8.90
$10.56
$5.90
Effective June 24. 2006
NS Supervisor 1
NS Supervisor 2
NS Supervisor 3
NS Assistant
NS Helper
NS Assistant 2
NS Temporary
Ste° 1
$13.�5
$14.15
$16.08
$9.98
$8.90
$10.56
$8.90
Ste° 2
$13.42
$14.61
$16.56
$10.95
$9.72
$t1.58
Ste° 2
$13.42
$14.61
$16.56
$70.95
$9.72
$11.58
Steo 3
$13.80
$15.05
$17.05
$11.86
$10.54
$12.55
Steo 3
$13.80
$15.05
$77.05
$11.86
$10.54
$12.55
Steu 4
$14.42
$15.80
$17.81
$1227
$10.90
$i3.11
Steo 4
$14.42
$15.80
$17.81
$1227
$10.90
$13.11
Steo 5
$15.05
$16.55
$18.71
$12.67
$1125
$13.68
Steo 5
$15.05
$16.55
$18.71
$12.67
$1125
$13.68
Steo 6
$15.43
$17.06
$1922
$13.08
$11.48
$1423
Steo 6
$15.43
$17.06
$7922
$13.08
$11.54
$1423
Ste° 7 S 2ED $ Sie° g
$15.99 $16.93 $7727
$17.74 $18.84 $1921
$20.05 $21.19 $21.62
$13.48 $14.18 $14.46
$14.79 $15.67 $15.99
St ] Ste° g Steo 9
$15.99 $16.93 $17.36
$17.74 $18.84 $19.30
$20.05 $21.19 $21.73
$13.48 $14.18 $14.54
$14.79 $15.67 $16.07
Line Leader Premium
A Nutrition Services Assistant working in the District Kitchen who is assigned by the Director of
Nutrition Services as Line Leader for a particular function wili be paid a premium of sixty-five cents
($.65) per hour over his/her regular hourly rate while performing the Line Leader duties. Effective
June 24, 2006, line leader premium pay is increased to seventy cents ($.70) per hour over his/her
regular hourly rate whiie pertorming the Line Leader duties. Line Leader assignment will be made
or discon6nued at the discretion of the Director of Nutritio� Services.
Fioater Premium
Nutrition Services Assistants who are assigned to f{oat between schools wil! be paid a psemium ot
fifty ($.50) per hour over his/her regular houriy rate whiie pertorming floater duties.
Suoervisor Fill-in Pav
Nutrition Services Assistants who are designated to fill in for a supervisor when the supervisor is
not at the site for the entire day shall be paid a premium of sixty-five cents ($.65) per hour over
hisiher regular hourly rate of pay. This premium shall not be paid when a Nutrition Services
Assistant is receiving out-of-class pay.
21
APPENDIX A: WAGES (continued)
Waoe Schedule Conditions - Nutrition Services Assistant
Persons working on an occasionai basis in the Nutrition Services Assistant class'rfication as
temporary, provisionat, or substitute employees shall be paid at $8.90 hourly.
Effective Aoril 1. 1996. the only exception is for former employees of the Saint Paui Public School
Nutrition Services Department who retired with at least five (5j years of Distrfct Nutrition Services
experience, and who retum on an occasional basis in the Nutrition Services Assistant
class'rfication as temporary or substitute employees shali be paid at the 6-Year Rate of the
Nutrition Services Assistant wage schedule.
Persons newly employed in the Nutrition Services Assistant or Nutrition Services Helper
classifications on a regulariy-scheduled basis, shall be paid at the Base Rate until such time as
the employee shall have passed the Civii Service examination for the class'rfication, been certified
and appointed to a regularly-scheduled position.
Movement to pay columns beyond the base rate shall be based on completion of the spec'rfied
number of years of continuous regular employment from the date of em�lovment with the District.
•
Minnesota Professional Deveiooment Plan For School Food Service �
And Nutrition - Level 2 Certification Premium
When a reguiarly (civil service) certified and appointed employee has completed the credit hours
required for Level 2 of the American School Food Service Certification Program for School Food and
Nutrition and shall have received such certification, that employee shall become eligibie for an
additional forty cents ($.40) per hour premium over and above his/her normal biweekly rate of pay for
all hours on the payroll as long as the employee maintains a current Level 2 cer6fication. Payment of
the forty cents ($.40) per hour premium shali become effective within thirty (30) days after the
employee has presented to the Director of Nutrition Services of the Saint Paui Pubiic Schools
evidence in writing of his/her completed Levei 2 certification. Employees must maintain current Level
2 cert'rfication and show evidence of the renewed cerfrfication to be eligible for continuation of the
premium.
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2005-2007 MEMORANDUM OF UNDERSTANDING
REGARDING SUMMER SCHOOL SELECTION FOR
MINNESOTA TEAMSTERS LOCAL NO. 320 REPRESENTING
NUTRITION SERVICES PERSONNEL
This Memorandum of Understanding is by and between the Board of Education of Independent
School District No. 625, Saint Paul Pub(ic Schools, and Minnesota Teamsters LocaJ No. 320,
exclusive representative for nutrition services employees in the Saint Paul Public Schools. The
purpose of this Memorandum is to establish a clear understanding behveen the parties regarding
the selection of employees for the School DistricYs summer school program.
Statement of intent and Purpose
It is the intention of the Employer, during the term of this Memorandum of Understanding to use
the following criteria for selection of employees for the summer school nutrition services program:
1) Employment date of seniority;
2) Completion of the probationary period;
3) A satisfactory last performance appraisal.
It is further understood that employees who work in the District Kitchen during the regular school
year may apply for summer work only in the District Kitchen; employees who work in the schools
• may apply for summer work only in the schools. Employees whose assignment during the regular
school year is split between the District Kitchen and the schools may apply for summer work in
efther the District Kitchen or the Schoofs.
Employees in other nutrition services groups will continue to be eligible for summer work under
the provisions outlined above. All employees must adhere to sign-up times and dates as
established by the Director of Nutrition Services.
This Memorandum of Understanding shall be effective as of January 29, 1998, and shall expire on
.lune 30, 2007.
INDEPENDEN7 SCHOOL DiSTRICT NO.
625
��L��iJ'�t..�l�""""� .�u�G�.r/
Chair, Board Educatio �
�
N tia ions/ mployee Relations Manager
� -�� -D��
Date
MINNESOTA 7EAMSTERS PUBLiC AND lAW
ENFORCEMENT EMPLOYEES UNION LOCAL
tVO. 320
S�dlSl��
Business Agen
l�l � 3 � S�
Date
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INDEX
A
Additional Work Hours ...............................12
Adoptiort Leave......-- ...................................4
B
Bereavement Leave .................................... 4
Breaks...............�--....---................................ 6
C
Court Duty .................................................14
D
Discharge..................................................14
Discipline .....................................•---..........14
E
Emergency Closings and Call In ...............11
F
FairShare ..................................................�-2
Family Medical Leaves ..............................'17
Flexibie Spending Account ..........................8
Floater Premium........---•.....---° ..................21
Food Manager's Food Safety Certification 12
G
Grievance Procedure ............................�416
H
Hoiidays .............................................•---...... 3
Hours ........................................................... 5
/
Insurance............................•----...............8-11
L
Layoff....................�---..........................-----.... 7
Leaves..................................................16-17
Line Leader Premium ................................21
Long-Term Leaves ....................................17
Lunch Break ................................................6
M
Mileage ......................................................18
Military Leave .............................................17
O
Overtime......................................................5
P
Probation.....................................................6
R
Recall .............................. ..•....----............ ••--..7
Requests For Change of Location .............72
Retirement Heafth Insurance .......................9
Retirement After Age 65 ........................10
Retirement Before Age 65 ..................9-10
S
Salary Schedule Placement .......................19
Salary Step Progression ............................19
Seniority .......................................................�
Severance .................................................. 7 3
Short-Term Leaves ....................................16
Sick Leave • ...............................................3-4
Supervisor Fill-in Pay .................................21
U
Unrforms....................................................18
Union Membership .......................................2
V
Vacation...................................•---......__......_.5
W
Wages ............................................19, 21-22
Winter Break Pay .........................................5
Working Conditions .............................1 �, 12
Working Out Of Class'rfication ...................11
Workshops...• ............................................11
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24