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09-1137co,��u Fae # C�q— �� Green Sheet # -� 3 0 �337 (c rresenced RESOLUTION SAINT PAUL, MINNESOTA � 1 RESOLVED, that the Councii of the City of Saint Paul hereby approves and ratifies the attached 2 Employment Agreements between the Independent School District #625 and AFSCME District Council 5, 3 I,ocal 844 (July 1, 2008 — June 30, 2010) and Electrical Workers, Local #110 (May 1, 2009 — Apri130, 4 2012) Requested by artm' t c�f7 �'`^'� Resources 4 � ry �� By. Angela Nalezny, Director Approved by the O ce o' a i S ' es BY i Approved b ity Att � By: Council Adoption Certified by Coun ' Secretary g B Y �L! Approv y a�a� �f� By. ' _....1,..... ..� ........�... .�uw /d d / u % � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � C]q— � t'2"t DepartmeM/Office/Council: Date Inttiafed: � � � HU—HumanResources o9o�T2oo9 Green Sheet NO: 3083376 CoMact Person & Phone: D¢oar6ne�rt Sent To Person Initial/Date Jason Schmidt y a u�� R�� 266-6503 I umanReso¢rces D artmentDirector �`'� 2 " anrial Services f$ce Financial Services Must Be on Cou�il Agenda by (Date): Number 3 i Attome 0 For Routing 4 a or's Office Ma or/Assistant Doc. T RESOLUTION W!$ Order 5 ouncil � C000ci4 ��TRANSACTION 6 i Clerk Ci Clerk E-Document Required: Y Document Contact: Sue Wegwerth Contact Phone: 266-6513 ' Total # of Signature Pages_ (Ciip All Locations for Signature) Action Requested: g ApprovaI of the attached ISD #625 Employment Agreements (AFSCME, Local 844, July 1, 200$ - June 3Q 2010 and Electrical Workers Local 110, May 1, 2009 - Apri130, 2012) Recommendations: Approve (A) or Rejec[ (R): Personai Service Contracts Must Answer the Following Questions: Planning Commission 1. Has this persoNfirm ever worked under a contract for this departmeM7 CIB Committee Yes No Civil Service Commission 2. Has this person/firm ever been a c'ity employee? Yes No 3. Does this perso�rm possess a skill rrot nortnalty possessed by arry curreM city employee? Yes No Explain all yes answers on separate sheet and attach to green sheet. Initiating Problem, Issues, Opportunity (Who, What, When, Where, Whyj: Employment agreements have expired. Advantages H Approved: None Disadvarrtages If Approved: ` None Disadvantages If Not Approved: None Total Amount of CostlRevenue Bud eted: Transaction: 9 Funding Source: ActiWty Number: Financial Information: �Explain) October 9, 2009 3:56 PM Page 1 �-��3� INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCA710N SAINT PAUL PUBLIC SCHOOLS DATE: October 21, 2008 TOPIC: Approval of Employment Agreement Beiween Independent School District No.625 and American Federation of State, County and Municipal Employees, District Council 5, Local Union No. 844, representing clerical and technical employees A PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 2008, through June 30, 2010. 2. Contract changes are as follows: Waaes: Effective June 21, 2008, the salary schedule increase is 2% on steps 1-5 and 3°k on steps G7. Step B is increased by 3.5%. Hourty rate salary schedule increase is 2% on Step 1 and 3% on step 2. The 15 year experience step is increased by 3.5%. Effective July 4, 2009, the salary schedule increase is 2% on all steps. Lon evi : Longevity step 7 will occur at the beginning of employee's 10 year of serv(ce. Step 8 will occur at the beginning of employee's 15 year of service. Insurance: Effxtive January 2009, the district monthly contribution of $480 for single coverage is increased to $500; the district monthly contribution of $900 for family coverage ls increased to $975. Effective January 2010, the district contribution for single coverage is increased to $550; family coverage is increased to $1,075. Effective Nrnember 1, 2008, increase the district paid life insurance to $50,000. Effective January 1, 2009, the maximum district contribution for single dental insurance is $40. Severance: Effective July 1, 2008, increase severance maximum benefit from $17,500 to $18,000. Deferred Comoensation: Effective January 1, 2009, the DistricPs contribution to,a deferred compensation match wili increase to a maximum of $1,000 per year for employees hired after January 1, 1996. The three year eligibility and lifetime maximum are eliminated. Quarantine/Catastroohic Disaster leave: Employees quarantined by a health officer as a result of contagious disease conditions or for a catastrophic disaster that ocxurs in their schooUcommunity which causes clasure of the school district or employee's worksfte shall receive payment for time lost for a periaJ not to exceed ten days. Correction of Comoensation Enors: New language added for the correction of compensation errors up to a maximum retroactive period of iwo years. Vacation: Effective January 1, 2009, empioyees with 10•15 and 16-23 years of service will earn one additional day of vacation. Total annual vacation eamed will be 22 and 26 days respectively. Vacation carryover is increased from 160 hours to 184 hours. 3. The District has 363 FTE's in this bargalning unit. Empbyment Agreement AFSCME Clerical and Technical Emp(oyees October 21. 2008 Page Two 4. This ftem will meet the DistricYs targei area goai of aligning resource allocation to District priorities. 5. This request is submitted by Wayne Amdt, Negotiations/Employee RelaGons Manager; Teresa C. Rogers, Executive Direcior of Human Resources and Employee Relations; and Lois Rockney, Chief Business Officer. B. RECOMMENDATION: That the Board of Education of Independent School DisVict No. 625 approve and adopt the /\qreement conceming the terms and cond�Uons of emptoyment for American Federation of State, CouMy and Municipal Employees, Local Union No. 844, District Council 5, representing clerical and technical employees in this school districk duration of said Agreement is for the periad of Juty 1, 2008, through June 30, 2010. ,�J � ��J� Employment Agreement AFSCME Clerical and Technical Employees Octaber 21, 2008 Page Two 4. This ftem will meet the DistricYs target area goai of aligning resource allocatian to District priorities. 5. This request is submitted by Wayne Amdt, Negotiations/Employse Relations Manager; Teresa C. Rogers, F�cecutive Director of Human Resources and Employee Relations; and Lois Rockney, Chief Business Officer. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement conceming the tertns and conditions of employment for American Federation of State, County and Municipal Employees, Local Union No. 844, District Council 5, representing clerical and technical empioyees in this school district; duration of said Agreement is for the period of July 1, 2008, through June 30, 2010. • 2008 - 2010 AGREEMENT BETWEEN , SAINT PAUL PUBLIC SCHOOLS 09-1137 {NDEPENDENT SCHOOL DISTRICT NO. 625 And LOCAL UNION 844 DISTRICT COUNCIL 5 � OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL-CIO Representing Clerical and Technical Employees July 1, 2008 Through June 30, 2010 Saint Paul PuBLIC SCHD�LS � � Saint Paul PUBLIC SCHOOLS SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education Kazoua Kong-Thao Elona Street-Stewart Tom Conlon Tom Goldstein John Brodrick Anne Carroll Keith Hardy Chair Vice-Chair Clerk Treasurer Director Director Director . � 2 � � ARTICLE Article 1. Article 2. Article 3. Article 4. Article 5. Articie 6. Article 7. Article 8. Article 9. Article 10. Article 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Article 24. Article 25. Article 26. Article 27. TABLE OF CONTENTS 09-1137 PAGE Preamble................................................................................................................4 Recognition ............................................................................................................. 5 CheckOfE ............................................................................................................... 5 Maintenance of Standards .....................................................................................6 Management ...............................................................................................6 Work Day ................................................................................................................6 Lunch Breaks and Rest Breaks ..............................................................................7 Ho I i days .................................................................................................................. 7 Vacation.................................................................................................................. 8 Leavesof Absence ................................................................................................. 9 Wages ..................................................................................................................13 Working Out of Classification ...............................................................................14 Mileage .................................................................................................................14 Severance .....................................................................................................15 InsuranceBenefits ................................................................................................16 Probation.............................................................................................................. 20 Sen iority ................................................................................................................ 21 Discipline.............................................................................................................. 23 EmployeeRecords ...............................................................................................23 Grievance Procedure ...........................................................................................24 Temporary Employees ......................................................................................... 26 BulletinBoards .....................................................................................................26 Vacancies............................................................................................................. 26 Non-Discrimination ............................................................................................... 27 No Strike, No Lockout ..........................................................................................27 Legal Services ........................°.....................:......................................................27 Safety Shoes/Physical Examinations ..............................................:....................27 Termsof Agreement .........................................................................°-................28 Appendix A. Titles and Salaries ......................................................................31 Appendix S. Titles and Grades .......................................................................36 Appendix C. Standard Ranges .......................................................................37 ADDITIONAL INFORMATION (Not a Part of the Negotiated Agreement) � Memorandum ot Understanding: Memorandum of Understanding: Memorandum of Agreement: Letter of Understanding: Letter of Understanding: Id �abor Management Task Force ........................ Labor Management Committee ........................ Improvement Plan Process ............................... Bumping Process .............................................. Ten-Month Empioyees' Vacation ...................... n ex ....................................................................................................................................... ........41 ........42 ........ 44 ........ 45 ........46 3 PREAMBLE This Agreement, entered into by Independent School District No. 625, hereinafter referred to as � the Employer or as the District, and Local Union 844 affiliated with Counci! 5 of the American Federation of State, County, and Municipal Employees, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promofion 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, hours of work, and other conditions of employme�t. i • _ 4 ARTICLE 1. RECOGNITION 09-ll37 • 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing salaries, wages, hours, and other conditions of employment for all of its empioyees as outlined in the certification by the State of Minnesota Bureau of Mediation Services, dated October 16, 1986, in Case No. 87-PR-158 and as amended and as set forth in Section 1.2 below. 12 The bargaining unit covered by this Agreement shall co�sist of the following: All office, cfericaf, administrafive and technical personnei who are employed by Independent Schoof District No. 625, Saint Paul, Minnesota, who work a minimum of fourteen (14) hours per week and sixty-seven (67) days per year, and who are public employees within the meaning of Minn. Stat. §179A.03, Subd. 14 in the classifiications listed in Appendix B excluding supervisory, confidential and all other employees. 1.3 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 and, upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of ihe specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any action taken or not taken by the Employer under the provisions of this Article 1, • Section 1.3. ARTICLE 2. CHECK OFF 2.1 The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 22 The Employer shall provide a payroli deduction for voluntary employee contributions to the Union's Political Action Committee. 2.3 The Union agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a resuft of any action taken or not taken by the Employer under the provisions of this Article. u 5 ARTICLE 3. MAlNTENANCE OF STANDARDS 3.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentiais, vacations, and all other generai working conditions shall be maintained at not less than the highest minimum sfandard sef forth in tfie Civii Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation af the fime of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. ARTICLE 4. MANAGEMENT RIGkTS 4.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respects in accordance with applicable laws and regulations of appropriate authorities, All rights and aufhority which the Employer has not officia((y abridged, delegated or modified by this Agreement are retained by the Employer. 42 A public employer is not required to meet and negotiate on matters of inherent manageriai policy, which include, but are not limited 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 5. WORK DAY 5.1 The normal workday shall be eight and one-haif (8 1/2) hours in duration, eight (8) of which are paid. Each normal workday shall include two paid fifteen (15)-minute rest breaks. In addition, a foriy-five (45) minute, duiy-free lunch shall be provided. Fifteen (15) minutes of the duty-free lunch is paid and the remaining thirty (30) minutes is unpaid. The following is an example of a normal workday schedule: Work day begins at: Morning Rest Break: Lunch Break: Afternoon Rest Break: Work day ends at: 5.2 5.3 5.4 5.5 8:00 a,m. 10:00 - 10:15 a.m. Noon-12:45 p.m. (15 paid minutes) 3:00 - 3:15 p.m. 4:30 p.m. The normal work week shall be forty (40) hours in any seven (7)-day period. This Articie shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. Overtime is to be paid at the rate of one and one-half (1 1/2) times the empioyee's normai hourly rate for aft hours on the payroll in excess of eighf (8). fiours per day or forty (40) hours per week. The overtime compensation due the employee shall be paid at the rate herein cited, or by granting compensatory time on a time and one-half basis by mutual agreement between the District and the employee. • � i � ARTICLE 6. LUNCH BREAKS AND REST BREAKS 09-1137 • 6.1 Lunch breaks shall be forty-five (45)-minutes in length, thirty (30) of which are unpaid, and shall be scheduled by the supervisor at approximately the middle of the employee's shift. 62 All employees' work schedules shall provide for a paid fifteen (15)-minute rest break during each one-haif shift. The rest breaks shall be scheduled by the supervisor at approximately the middie of each one-haff shift whenever this is feasibVe. 6.3 If an employee is scheduled to work a full half-shift beyond the regular quitting time, the employee shaff be entit{ed to the rest period that occurs during said half shiR. ARTICLE 7. HOLIDAYS 7.1 Holidavs recopnized and observed. The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Day Thanksgiving Day Presidents' Day Day After Thanksgiving Memorial Day Christmas Day Independence Day Eiigible employees shall receive pay for each of the holidays listed above, on which they • perform no work, provided the holiday falls within their work year. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holiday. 7.2 Eliaibilitv Reauirements. To be eligible for holiday pay, employees must be active on the payroll the day of the holiday. The holiday shall not be counted as a working day for the purposes of this Article. 7.3 Notwithstanding Article 7.2, a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (67) consecutive workdays. 7.4 If Martin Luther King Day or Presidents' Day falls on a day when school is in session, the employee shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be determined by agreement between the employee and the supervisor. 7.5 Employees who work summer school and qualify under the eligibility requirements of 7.2 above shall be paid for the Indepe�dence Day holiday. 7.6 Employees who are required to work on a holiday listed in Article 7.1, except in situations defined in Article 7.4, shall be compensated on a time and one-half basis in addition to regular holiday pay. CJ ARTICLE 8. VACATION 8.1 Vacation credits shall accumulate `at the rates shown below for each full hour on the payroil, excluding overtime. Years of service means calendar years of service, regardless of F.T.E. 82 8.3 Years of Service First year through 4"' year 5"'�ear through 9�' year 10 year through 15'" year 16�' year through 23` year 24�' year and thereafter Accrual Rate' .0576 .0769 .0807 .0961 .1153 Annual Hours Earned 120 760 168 200 240 Annual Davs Earned 15 20 27 25 30 Effective January 1, 2009, vacation credits shall accumulate at the rates shown below for each fuii hour on the payroll, excluding overtime. Years of service means calendar years of service, regardless of F.T,E. First year through 4'" year 5'"�ear through 9'" year 10 year through 15"' year 16`" year through 23' year 24"' year and thereafter Years of Service Accrual Rate• .0576 .0769 .0846 .1000 .1153 Annual Hours Eamed 120 160 176 208 240 Annual Davs Earned 15 20 22 26 30 'Calculations are based on 2,080 hour work year and shall be rounded off to the nearest hour. The head of the department may permit an empioyee to carry over into the next "vacation yea�' up to one hundred eighty four (184) hours of vacation, 82.1 8.22 8.2.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subd. H. M employee who has more than one hundred eighty four (184) hours of accrued vacation remaining at the end of the last full pay period in October shall either: (a) be required to use the hours of vacation in excess of one hundred eighty four (184) hours prior to the end of the calendar year: or (b) be compensated for hours in excess of one hundred eighty four (184) hours at end of year: or (c) be provided an exception for additional carryover of vacation by means of approval of his/her department head. Choice of option a, b, or c is at the discretion of the Employer. For the purpose of this Articie, the "vacation yea�' shail be the calendar year. Ten (10j-month employees may use accrued vacation during the period of summer break up to June 30 with the approval of their supervisor. 8.4 Sick leave accumulation in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regufarly assigned workdays (not to exceed a tota( of forry (40) hours in any year. There shall be no conversion of unused sick ieave in any amount at any time to any cash payment other than the above-described conversion to vacation time or pay in Articie 13. � a C� ARTiCIE 9. LEAVES OF ABSENCE 09-1137 • 9.1 Sick Leave. Sick Ieave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick Ieave, the employee must report to his/her supervisor no later than one- half hour past his/her reguiar scheduled starting time. The granting of sick Ieave shall be subject to the terms and provisions of this Agreement. Any employee who has accumulated sick leave as provided above shali be granted leave with pay, for such period of time as the head of the department deems necessary Tor the following specified allowable uses: 9.1.1 Personal Illness. Employees may use accumulated sick leave for hours otf due to personal illness. 7he employee may be required to furnish a medical certificate from a quaf'rfied physician as evidence of illness or physicaf disability in order to qualify 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, optometrist, etc. 9.1.2 Familv Illness. Employees may use up to one hundred twenty (120) hours per calendar year for hours off due to sickness or disability of a parent, spouse, or a member of his/her househofd or to make arrangements for the care of such sick or disabled persons. These hours when used are deducted from sick leave. 9.1.3 Sick Child Care Leave. Sick leave to care for a sick child shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This ieave shail oniy be granted pursuant to Minnesota Stat. §181.9413 and shall remain available as provided in Statute. � 9.1.4 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days, shall be granted because of the death of an employee's spouse, child 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 empfoyee's immediate family. Other members of the immediate family shall mean sister or step sister, brother or step brother, grandparent, grandchild, parent-in-Iaw, son-in-law or daughter-in-law: Leave of absence for one (1) day shall be granted because of death of other close relatives. Othec close relatives shall mean uncle, aunt, nephew, niece, brother-in-law and sister-in-law. Travel Extension: If an employee is required to travel beyond a two-hundred (200)-mile radius of Saint Paul for purposes related to eligible bereavement {eave, two (2) additional days of sick ieave may be used. Employee, if requested, shall provide the Human Resource Department verification of the funeral location outside of Saint Paul. 9.1.5 Adoption Leave and Father with Newborn Child. Up to thirty (30) days of accumulated sick leave may be used in a contract year to attend to adoption procedures or care for a newly-adopted chifd or for a tather with a newborn child. Use of these thirty (30) days does not need to occur consecutively. The thirty (30) days of sick leave for fathers of newborns must be used within six (6) weeks surrounding the birth of the child. For adoption the thirty (30) days of sick leave may be used for adoption processes or up to six (6) weeks following the adoption. Upon completion of the adoption process additional sick leave may be allowed for the care of a sick child as required by Minnesota Statue §181.9413. � ARTICLE 9. LEAVE OF ABSENCE (continued) 92 Court DuN Leave 92.1 Court Cases. Any empfoyee 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 nof a party in the case, and provided that the case is not the resuit of litigation undertaken by the employee or the Union against the District. In cases where the Board is a party in fhe litigation, the emp(oyee sfia(I be enfitled to pay while attending as a witness at the request of the Board or as a co-defendant in the case. 92.2 Reauired 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 empioyee paying to the Board any fees received, minus travel allowance, for such jury service. The employee may seek to be excused from jury duty. 9.3 Militarv Leave � 9.3.1 Militarv Leave With Pav. Any employee who shali be a member of the National Guard, the Naval Militia or any other component of ihe militia of the state, now or hereafter organized or constituted under state or federal 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 mil+tary or nava! force of the United States, now or hereafter organized or constituted under federal law, shali be entitled to leave of absence from employmenf without loss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for ail the time when such empioyee 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 shall not exceed a fotal ot fifteen (15) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, whiCh shail be presumed unless the contrary is established. Such leave shall not be allowed unless the employee i) returns fo his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave; or 2) is prevenYed from so refurning by physical or mental disability or other cause not due to such employee's own fault; or 3) is required by proper author'ity to continue in such military or nava! service beyond fhe fime herein limited for such leave. Any employee who is a member of the armed forces or National Guard and who is calied to active duty may be eligible for pay confinuation pursuanT to the requirements of Minnesota Statute §471.975. 9.32 Militarv Leave Without Pav. Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise allowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves of absence as aze granted under Articie 9.3 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said statute. 10 � ARTICLE 9. LEAVES OF ABSENCE (continued) 09-1137 • 9.4 General Non-Compensatorv Leave of Absence. After three months of employment, an empioyee may make application for a leave of absence not to exceed one year. A leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). 9.4.1 Said rules are supplemented and amended by the following provision: Ali requests for unpaid leave are subject to District approval. Such requests are to be submitted to the Human Resource Department on a form provided by the Employer. An employee returning from an approved leave shall be returned to his/her original position unless tfie position fias been filled permanently or offered to another employee in accordance with Human Resource staffing procedures and terms of this agreement, in which case the employee will be offered the opportunity to return to employment in an equivalent position, if a vacancy is available after the conclusion of the leave. If no equivalent vacancy exists at that time, the District will continue to consider the employee's return for two (2) years after the conclusion of leave. If no equivalent vacancy has occurred and has been assigned by the end of two (2) years Srom the conclusion of {eave, the employee's name will be dropped from consideration as though he/she had resigned, and the employee wili be considered resigned. • "Equivalent vacancy' means a position of the same job classification held by the employee at the time of the leave, which remains in existence, has been vacated by the resignation or termination of another employee, and which the District intends to fill in the same classification. 9.5 Parental Leave 9.5.1 Parental leave is a leave without pay or benefits which shall be granted upon request subject to the provisions of this Section. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or children of the employee for an extended period of time immediately following adoption or the concfusion of pregnancy; such period of Ieave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shaff be granted upon request. Leave for more than six (6) calendar months is at the discretion of the Employer. ' 9.52 in the case of pregnancy, an employee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parentai leave for a period following the use of earned 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 sequential 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 defivery. The empioyee wi{I be required to submit, at the time of use, appropriate medical verification for the sick leave time claimed. C J 9.5.3 In the case of adoption, the employee shall submit to the Director of Human Resources of Independent School pistrict No. 625 a written application including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier it possible. Documentation will be required. 11 ARTICLE 9. LEAVES OF ABSENCE (continued) 9.5.4 When an employee is returning from parental leave extending over a period ot six (6) calendar months or less, the employee shall be placed, at the beginning of the first pay period following the scheduled date of return, in the same position held prior to the leave or, if necessary, in an equivalent position. 9.5.5 When an employee has requested and been granted leave for a period longer than six {6) calendar months, but no more than twelve {12) calendar months, the employee wili be placed in an equivaient position after the scheduied 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 certified incumbent, whiah is to be filled, and for which no other person has rights. 9.6 Familv Medical Leave. Effective February 1, 1994, leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures which coordinate contractual provisions with FMLA. 9.7 �e; E� School Activities Leave Without Pav. An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year for schooi activities of his/her own child, pursuant to Minn. Stat. §181.9412 �ules, so long as the Statute so provides. Educational Leave. Leave with pay may be granted for educational purposes at the option of the Employer. Union Official Leave. An empioyee elected or appointed to a full-time paid position by the exclusive representative may be granted a leave of absence without pay for not more than one (i ) year for the purpose of conducting the duties of the exclusive representative. 9.10 Release Time for Neqotiations. Members oi the union Regotiating team may be released from their assignment with appropriate advance notice for such reasonabie time as is necessary to attend negotiation sessions set by ihe school districi and union. Such time may be granted upon approvat of the employee's immediate supervisor and payment of salary during time off may be granted at the discretion of the district. ' 9.1 i Quarantine/CatasYrophic Disaster Leave. Employees will be provided up to a maximum of ten (10) days paid leave of absence for quarantine by a health officer due to a contagious disease. The same will be provided for a catastrophic disaster that occurs at the empioyee's school and/or community which causes the closure of the school district or the employee's worksite. ARTICLE 10. WAGES 10.1 The wage schedule, for purposes of this contract, shall be Appendices A, B and C attached hereto. Both parties agree that the inclusion of the ciassifications and salary ranges in Appendices A, B 8nd C does not preclude the employer from the foilowing: 1. Reorganizing; 2. Abolishing ciassifications; 3. Estabfishing new class�cations; 4. Regrading class'rfications; 5. Reciassifying positions. 12 • • L� • . CJ ARTICLE 10. WAGES 09-1137 10.2 Both parties also agree that titles and grades in Appendices A, B and C refer to employees in the positions at the date of signing of the Agreement. No employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place. 10.3 Initial Steo Placement. When an employee is regularly appointed into a title covered by this Agreement or moves from one title covered by the Agreement to an appointment in a different title under this Agreement, shall be governed by Civii Service Rules. 10.4 Salarv Steollncrease Elipibilitv. Empfoyees must meet the following conditions in order to be eligible for salary step advancement or, if on the 5, 10 or 15-year step, to be eligible for a salary i�crease: 10.4.1 Full-time employees must have been paid a minimum of 1,040 hours on the payroli in the prev�ous twelve months. Part-time empfoyees must complete a pro- rata number of hours in order to qualify for a step advancement (i.e., a half-time employee must complete five hundred twenty (52�) hours to qualify for a step). 10.42 If an employee is on an improvement plan, the employee must be on track with the components of the improvement plan. 10.4.3 The improvement pian process as it relates to step progression and salary increases is described in a Memorandum of Agreement in the back of this Agreement. 10.5 Salarv Steo Proaression 10.5.1 An employee who meets the eligibility requirements in 10.4 of this Section will advance one step up to Step 6(five-year step). 10.5.2 An employee who meets the eligibility requirements in 10.4 of this Section will at the beginning of ten (10) calendar years of service in the District advance one (1) additional salary step on the first pay period in July, not to exceed Step 7. 10.5.3 An employee who meets the eligibility requirements in 10.4 of this Section will at the beginning of fifteen {15) calendar years of service in the District advance one (1) additional salary step on the first pay period in July, not to exceed Step 8. 10.6 Correction of Comoensation Errors. Employees should routinely review their bi-weekly pay check and immediately document any errors or inquiries by contacting the DistricYs payroll department. Failure to notify the payroll department in a timely manner, or failure to routinely review the accuracy of his(her bi-weekly compensation may result in lost compensation. 10.6.1 District Authoritv. When underpayment errors are identified, the District wifi review the nature of the error and shall reimburse the employee in full up to a m�imum retroactive period of two years. In the case of an overpayment, the District has the authority to deduct from the employee's check up to the full amount owed for a maximum retroactive period of two years. 10.6.2 Procedure for Addressino Siqnificant Overpavment Errors. In the case of a significant overpayment, deductions from bi-weekly compensation sha{I be based on a repayment schedule established by the District. The District, at its discretion, may limit the amount of repayment to less than the two-year retroactive period described above. The reduction of a reimbursement period will be based on the nature of the error and whether the empioyee took reasonable preventative action by routinely reviewing the accuracy of his/her biweekiy compensation. 13 ARTICLE 11. WORKING OUT OF CLASSIFICATION 11.1 Employer shall avoid, whenever possible, working an empioyee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during a year shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Articie, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classifica6on higher than the classification held by such employee. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such employee received a regular appoinfinent to the higher classification. 112 For the following classrfications, the provisions of 11.1 shall not apply to performance of fhe duties of the ne� higher classification in the job series: Clerk I BOE Clerk-Typist I BOE Data Entry Operator I BOE ARTICLE 12. MILEAGE • 12.1 Mileaqe Aliowance. Employees of the Schooi District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for schoo( business. � The mileage allowance for eligible employees shall 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. 12.2 Reimbursement Procedures. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. 14 • ARTICLE 13. SEVERANGE PAY • 09-1137 13.1 The Employer shall provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the tax year of the retirement as described in Business Office Ruies. 132 To be eligible for the 403(bj tax-deferred retirement program for sheltering severance pay and vacation pay, an employee must meet the following requirements: 132.1 The empfoyee must be fifty-five (55) years of age or older or must be etigibfe for pension under the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). The "Rule of 85" or the "Rule of 90" criteria shall afso appiy to employees covered by a public pension plan other than PERA. 132.2 The employee must be voluntarify separated from School District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not eligible for this severance pay program. 13.3 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 empfoyee meets the eligibility requirements set forth in 132 above, he or she will receive a District contribution to the School District No. 625 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $100 for each day of accrued, unused sick leave, up to 180 days. 13.3.1 If an employee notifies the Human Resource Department in less than three (3) • months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirement set forth above, he or she will receive a District contribution to the School District No. 625 403(b) Ta�c-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $85 pay for each day of accrued, unused sick leave up to 211.76 days. 13.32 If exigent circumstances exist, such as a sudden illness/injury of the employee or immediate family member necessitating immediate retirement, and if the employee meets the eligibility requirements set forth above, he or she wili receive a District contribution to the School District No. 625 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $100 pay for each day of accrued, unused sick leave up to 180 days. 13.4 The maximum amount of severance pay that any employee may obtain through this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay is $18,000. 13.5 For the purpose of this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, contributions to the 403(b) Tax-Deferred Retirement Plan for Sheltering Severa�ce Pay and Vacation Pay shall be made to the employee's estate. 13.6 For the purpose of this 403(b) Tax-Deferred Retirement Plan for Sheltering 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 eligibie for this plan. � 15 ARTICLE 14. INSURANCE BENEFITS SECTION i. ACTiVE EMPLOYEE HEALTH INSURANCE i.i The Employer will continue for the period of this Agreement to provide for active employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. t2 Elioibilitv Waitinq Period. One (1) full month of continuous regularly appointed service in Indepe�dent School District No. 625 will be required before an eligible employee can receive the DisfricY confribution to premium cost for health 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 payroll at least fhirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.4 Half-Time Status. For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two {32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, exciuding overtime hours. 1.5 Emplover Contribution Amount--Fuil-Time Emplovees. Effective January 1, 2008, for each eligible empioyee 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 $480 per month, whichever is less, For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $900 per month, whichever is less. 1.5.1 Effective January 1, 2009, for each e(igible employee covered by this Agreemenf who is employed fuil time and who selects employee insurance coverage, the Empfoyer agrees to contribute fhe cosf of such coverage or $500 per month, whichever is less, For each eligible full-time employee who selects family coverage, the Empioyer will confribufe fhe cost of such family coverage or $975 per month, whichever is less. 1.5.2 Effective January 1, 2010, for each eligible empioyee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $550 per �nonth, whichever is less. For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $1,075 per month, whichever is less. 1.6 Emolover Contribution Amount--Half-Time Emplovees. For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each haif-time empioyee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for fuii-time employees seiecting family coverage in the same insurance plan. 1.6.1 Noiwithstanding Section 1.6 above, employees covered by this Agreement and employed half time prior to January 1, 1986, shall receive the same insurance contributions as a full-time employee. This Section 1.6.1 applies only to employees who were employed half-time during the month of December 1985 and shall continue to apply only as long as such employee remains continuously empioyed half time. 16 • � C � • ARTICLE 14. WSURANCE, Section 1. (continued) 09-1137 1.7 Life Insurance. For each eligible employee, the Employer agrees to provide $25,000 life insurance coverage. Etfective November t, 2008, for each eligible employee, the Employer agrees to provide $50,000 life insurance coverage. This amount shall drop to $5,000 of coverage, in the event of early retirement, until the retiree reaches age 65; then all Employer coverage shall terminate. 1.8 Dental Insurance. The Employer wili 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 $35 per month tor single coverage. Effective January 1, 2009, the Empioyer 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 for single coverage. 1.8.1 Employees who wish to enroll in family dental coverage may pay the difference between the cost of family coverage and single coverage. � . 1.9 Lonq-Term DisabiliN Insurance. The Employer shall provide, for each eligible employee covered by this Agreement who is empioyed fuii time, long-term disability insurance. 1.10 Flexible Soendinq Account. It is the intent of the Employer to maintain during the term ot 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 legal regulations and IRS requirements for such accounts. 1.11 The contributions indicated in this Article 14 shall be paid to the Employer's group health and welfare pian. 1.12 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 shall be paid by the employee through payroll deduction. SECTION 2. RETIREMENT HEALTH INSURANCE Subd. 1 Benefit Eliaibilitv for Emplovees who Retire Before Aqe 65 1.1 Empfovees hired i�to District service before Mav 1. 1996, must have completed the following service eligibility requirements with Independent School District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement: A. Be eligible for pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District 625; B. C. D. E. Must be at least fifty-eight (58) years of age and have completed twenty-five (25) years of service, or; The combination of their age and their years of service must equal eighty-five (85) or more, or; Must have completed at least thirty (30) years of service, or; Must have completed at least twenty (20) conseoutive years of service within independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not for 1.1 E. 17 ARTICLE 14, INSURANCE, Section 2. (co�tinued) 12 1.3 Empiovees hired into Qistrict service after Mav i. 1996, must have completed twenty (20) years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenry (20)-year requirement. Eligibility requirements for ail retirees: A. A retiree may not carry his/her spouse as a depe�dent if such spouse is also an Independent School District No. 625 retiree or Independent School disfrict No. 625 employee 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. � 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 througfi District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. D. Employees terminated for cause will noY be eligible for employer contributions toward insurance premiums for pre-age 65 or post-age 65 coverage. At the Employer's discretion, the Employer may consider an empioyee's voluntary resignation in lieu of termination. If a termination is contested, ineligibility for benefits wiil not occur, unless a neutral third party upholds the termination. Subd. 2 . Emplover Contribution Leveis for Emplovees Retirinq Before Aqe Sixtv-Five 2.1 Health Insurance Emplover Contribution Employees who meet the requirements in Subd. 1 or Subd. 2 will receive a District contribution toward health insurance until the employee reaches siMy-five (65) years of age as defined in this subdivision. 2.1.1 The Disfricf contribufion toward hea(th insurance premiums will equal the same dollar amount the District contributed for single or family coverage to the carrier in the empioyee's last month of active employment. 2.12 In the event the District changes health insurance carriers, it will have no impact on the Districf contribution for such coverage. ' 2.1.3 My employee 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 contract under which the retirement became effective. 22 L'rfe Insurance Emplover Contribution The District will provide for eariy retirees who qualify under the conditions of 1.1 or 1.2 above, premium contributions for eligible retirees for $5,000 of liie insurance only until their sixty-fifth (65th) birthday. No life insurance will be provided, or premium contributions paid, for any retiree age sixty-five (65) or over. C� `� • 1$ ARTICLE 14. INSURANCE, Section 2. (continued) � Subd. 3 Benefit Eliaibilitv for Emplovees After Aqe Sixtv-Five {651 09-1137 3.1 Em�lovees hired into the District before Mav 1. 1996. who retired before age sixty-five (65) and are receiving benefits per Subd. 2 above are eligible, upon reaching age si�cty- five (65), for employer premium contributions for health insurance described in Subd. 4 of this Articie. 3.2 Em�lovees hired into the District before Mav 1 1996. who retire at age sixty-five (65) or oider must have completed the eiigibility requirements in Subd. 1 above or the fioliowing eligibility requirements to receive District contributions toward post-age-sixty-five (65) health insurance premiums: A. Employees hired before January 1, 1990, 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 least ten (10) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). B. Employees hired on or after January 1, 1990 and prior to May 1, 1996, must have completed twenty (20) years of continuous employment with the District. For such employees or early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providi�g any health insurance co�tri6utions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). . Years of certified civif service time with the City of Saint Pau{ earned prior io May 1, 1996, will continue to be counted toward meeting the DistricYs service requirement of this Subd.3. Civil service time worked with City of Saint Paul after May 1, 1996, will be considered a break in District employment. 3.3 Emplovees hired on or atter Mav 1, 1996, shall not have or acquire in any way any eligibility for Employer-paid health insurance preinium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Employees hired on or after May 1, 1996, shail be eligible for only eariv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4 Emplover Contribution Levels for Retirees After Ape Sixtv-Five (65) 4.1 Emofovees hired into the District before Mav 1. 1996, and who meet the efigibility requirements in Subdivisions 3.1 or 3.2 of this Article are eligible for premium contributions for a Medicare Suppiement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Goveraae Twe Medicare Eligible Non-Medicare Eligible Sinale Famil $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 fuli by the retiree, or coverage will be discontinued. � 19 ARTICLE 14. INSURANCE, Section 2. (continued) Subd.5. Emplovees hired after Mav 1. 1996 after compleYion of three (3) ful! years of consecutive active service in Independent School District No. 625, are eligible to participate in an employer matched Minnesota Deferred Compensation Plan or District-approved 403(b) plan. Upon reaching efigibility, the District wi(f mafch up to $60 per paycheck up to $600 per year of consecutive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-fime or more +viil be eligible for up to one half (50%) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) full years of consecutive active service, and shall not.be considered a break in service. Time worked in the City of Saint Paul wiif not be counted toward this three (3j-year requirement. 5.1 Effective January 1, 2009, employees hired after May 1, 1996, are eligible to participate in an employer matched Minnesota Deferred Compensation Pian or District approved 403(b) plan. The District will match up to $1,000 per year of consecutive active service. Part-time employees xrorking half-time or more will be eligible ior up to one half (50%) o( the available District match. Federal and state rules goveming participation in the Minnesota Deferred Compensafion Plan or District-approved 403(b) plan shall apply. The employee, not the District, is solely responsible for determining his/her total maximum allowable annual contribution amount under 1RS regulations. The empioyee must initiate an application to participate through the DistricYs specified procedures. ARTICLE i5. PROBATIOIV 15.1 General Principles. This Article is effective for appointments made on or after Ju(y i, 2002. Extended absences of any kind (paid or unpaid) lasting one (1) week or more in duration may be excluded when calculating time toward the compietion of any probationary period. 15.1.1 tf a District employee who is covered by this Agreement transfers to a position in the City of Saint Paul, that empioyee will have the right to retum to his/her former position or to a position to which the empioyee may have bee� transferred or assigned prior to the new assignment, during or immediately at the conclusion of that probationary period, if the employee fails probation in the City position. 152 Oriainal Emplovment Probation. A new employee shall serve a twelve (12)-month probationary period foliowing regular appointment from an eligible list to a position covered by this Agreement. For the purpose of this Article, twelve (12) months sha(( mean tweive (12) calendar months, including non-work months. At any time during this original probationary period, the employee may be suspended, disciplined or discharged at the discretion of the Empioyer, and without recourse to the grievance procedure. If an employee is laid off or terminated during the probationary period, but without receiving an unsatisfactory rating and is subsequently rehired into the same title within two years of the layoff or termination, the total probation period shail not exceed the original 12 month requirement. 15.3 Promotionai Probation. An employee newly promoted to a position covered by this Agreement shail remain on promotional probation for a period of six (6) months. Six (6) months shall mean six (6) full-time equivalent months (1,040 hours on the payroll). The calculation for time on probation will exclude any unpaid breaks not worked by the employee. At any time during this probationary period, the employee may be returned to the empioyee's previous position or to a position to which the employee may have been transferced or assigned prior to the promotion, at the discretion of the Employer, and wfthout recourse to the grievance procedure. 20 � � � ARTICLE 16. SENIORITY 09-1137 • � • 16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from the date an emptoyee was first cer[ified and appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined by employee's rank on the eligible list from which certification was made. 16.2 Seniority shall terminate when an employee retires, resigns or is discharged. 16.3 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be Iaid off by class title within each department based on inverse length of seniority as defined above. However, when layoff occurs in any of the titles Iisted below under Column A, layoff shall be based on inverse length of total seniority in all titles listed on the corresponding line under Column B. 7he Human Resource Department will identify such least senior employee in the department reducing positions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other District department, the Human Resource Department shall place the affected employee in such vacancy. If rivo or more vacant positions are available, the Human Resource Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and if the employee affected by the original departmental reduction is more senior, he/she shail have the right to claim that position and the least senior District employee in such titles shall be the employee laid off. For the purposes of this Article, ihe Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. Column A Clerk I BOE Clerk II BOE Clerk-Typist I BOE Clerk-Typist il BOE Data Entry Operator I BOE Column B Clerk i BOE, Clerk II BOE Clerk I BOE, C1erk II BOE Clerk-Typist I BOE, Clerk-Typist II BOE Clerk-Typist II BOE, Clerk-Typist I BOE Data Entry Operator I BOE Data Entry Operator II BOE 16.4 In cases where there are promotional series, such as Technician I, II, III, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 21 ARTICLE 16. SENIORITY (continued) 16.5 In cases wfiere an employee fo be faid off has held no regular appointment in a Iower titie in the same promotionai series as his/her current title, that employee will be offered a reduction to the tifie within fhe bargaining unif to which he/she was regularty appoinfed immediately prior to hislher current title, so long as there is either a vacancy or, rf no vacancy exisfs, a Iess senior employee in such tifie may be displaced. In cases where an empioyee to be laid off has held no reguiar appointment to any titles immediately prior to his/her currenf tit(e, said employee shaf( be laid off. The empfoyee reducing into a titie formerly held must satisfactorily complete a six (6)-month probationary period in such titie. If the probationary period is not satisfactory, the employee shall, at any time during the probationary period, be reinstated to his/her former title and shall be (aid off, but such employee's name will be placed on the reinstatement register in his/her former title and "bumping" rights herein shall not again appiy to such employee. This procedure will be foilowed by the Board of Education for Board of Education employees. City empioyees being reduced or laid off may not dispiace Board of Education employees. Board of Education employees being reduced or laid off may not displace City employees. 16.6 It is understood that such employees will pick up their former seniority date in any class of positions that they previousiy held. 16.7 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after iwo years of layoff. � • � � ARTICLE 17. DISCIPLINE 09-1137 � • • 17.1 Discipline will be administered for just cause oniy. Discipline will be in the form of the following actions. Such actions may be taken in an order different from that listed here, based on the specific employee action. 17.1.1 Oral reprimand; 17.1.2 Written reQrimand; 17.1.3 Suspension; 17.1.4 Reduction; 17.1.5 Discharge. 17.2 Any written reprimand made concerning any member of this bargaining unit which is filed with the Human Resource Department or within any Employer department, shall be shown to the member betore it is placed on file. Before the reprima�d is placed on file, the Employer shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 17.3 17.4 Suspensions, reductions, and discharges will be in written form. Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 17.5 Employees may examine all intormation in their Employer personne! files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times u�der the direct supervision of the Employer. 17.6 Preliminarv review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding proposed discipline. That supervisor will then offer to meet with the employee prior to making a final determination of the proposed discipiine. Tf1e employee shail have the opportunity to have U�ion representation present and be provided the opportunity to speak on his/her behaff regarding tfie proposed action. It the employee is unable to meet with the supervisor, the employee will be given the opportunity to respond in writing. 17.7 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 17.8 A grievance relating to this Article shall be processed in accordance with the grievance procedure in Article 19 of this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute. ARTICLE 18. EMPLOYEE RECORDS iS.1 Any written reprimand made concerning any member of this bargaining unit which is filed with the Human Resource Department or within any Employer department, shalf be shown to the member before it is placed on file. Before the reprimand is placed on fiile, the Employer shall request from the employee an acknowledgment, in writing, that the reprimand has been read by said employee. 182 Any member of the bargaining unit may, during usual working hours, with the approvaf of the supervisor, review any material placed in the employee's personnei file, after first giving proper notice to the supervisor in custody of such file. 23 ARTICLE 79. GRIEVANCE PROCEDURE 19.1 The Employer shali recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the hargaining unit. The Union shall notify the Empioyer in writing of the names of the stewards and of their successors when so named. 192 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomp(ished during working hours onfy wfien consistent with such employee duties and responsibilities. The steward invotved and a grieving empfoyee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and fhe empioyee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 19.3 The procedure established by this Article shall be the sole and exclusive procedure, except Sor 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. 19.4 Grievance shall be resolved in conformance with the following procedure: � Steo 1. Upon the occurrence of an alieged violation of this Agreement, the employee involved wfth or without the steward 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 tfie nature of tf�e grievance, the facts on which ft fs based, fhe alleged section(s) of the Agreement violated, and relief requested. Any aileged violation of the Agreement not reduced to writing by the Union within fifteen (15) workdays of the first occurrence of the event giving rise to the grievance shall be considered waived. Step 2. Within ten (10) workdays after receiving the written grievance, a designated Empioyer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, as a resuit of this meeting, the grievance remains unresolved, the Employer shall repiy in writing to the Union within five (5) workdays following this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) workdays following receipt of the Employers written answer. Any grievance not referred in writing by the Union within ten {10) workdays foliowing receipt of the Employer's answer shall be considered waived. Step 3. Within ten (10) workdays following receipt of a grievance referred from Step 2, a designated Employer supervisor shail meet with the Union Business Manager or his/her designated representative, the Empioyee, and the steward, and attempt to resolve the grievance. Within ten (10) workdays following this meeting, tfie Employer shall reply in writing fo the Union, sfating the Employer's answer conceming the grievance, If, as a result of the written response, the grievance remains unresoNed, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within ten (10) workdays following receipt of the Employers answer shall be considered waived. C � 24 ARTICLE 19. GRIEVANCE PROCEDURE (continued) 09-1137 � Step 4. If the grievance remains unresolved, the Union may within ten (10) workdays after the response of the Employer in Step 3, by written notice to the Employer request arbitrafion of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within ten (10) workdays after notice has been given. If the parties fail to mufually agree upon an arbitrator within the said ten (10)-day period, either party may request the Bureau of Mediation Services to submit a panel of tive (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shali strike the first . (1st) name; the Employer shall then strike one (1) name. The process will be cepeated and the remaining person shall be the arbitrator. 19.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rufes or regufations having the force and effe�t of faw. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission ot briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decisio� shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. � 19.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equaily by the Employer and the Union, provided that each party shalf be responsibfe for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 19.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 19.8 It is understood by the Union and the Employer that if an issue is determined by this grievance procedure, it sha11 not again be submitted for determinatio� in another forum. ff an issue is determined by any other forum, it shall not again be submitted for arbitration under this grievance procedure. This provisio� is not intended to abrogate rights under state or federal statutes. 19.8.1 Notwithstanding that portion of Article 27.2 referring to laws of the City of Saint Paul, no issue regarding actions taken under this Agreement shall be submitted to the Civil Service Commission, except as permitted in Article 17.8, for persons covered by veterans preference. 19.9 The District agrees that the exclusive representative shail ae copied on all disciplinary aetions. i 25 ARTICLE 20. TEMPORARY EMPLOYEES 20.1 It is recognized that temporary employees are within the unit covered by this Agreement, however, except as specifically provided by this Agreement, temporary employees shall not have or acquire any rights or benefits other than specifically provided by the provisions of tfie Civil Service Rules and/or the Saint Paul Salary Pian and Rates of Compensation. In cases of temporary work, appointment officers may fill a vacant pasition with a temporary employee. The appointing officer must indicate in making such a request that such employment is in -fact temporary. No person shall serve as a temporary employee and no position shall be filled by a temporary employee for more than 1,040 working hours in any fiscal year unless the Human Resources Director approves such extension prior to the use of the fuil 1,040 hours, such extension not to exceed an additional 1,040 hours. Persons on appropriate eligible lists shall be given, at the discretion of the Human Resources Director, preference in temporary appointment, and their names shali remain on all eligible lists for regular employment. The Human Resources Director may alter the number of working days permitted upon determination that market conditions warrant an adjustment. W henever discretionary changes are made in accordance with this section by the Human Resources Director, the effective date of the action shall be preceded by a twenty day public notice period. This period shall be initiated by notice to the recognized bargaining unit for the title affected and the affected departments. ARTICLE 21. BULLETIN BOARDS 21.1 The Employer shall provide reasonable builetin space for use by the Union in posting notices of Union business and activities. Said builetin board space shall not be used by the Union for political purposes other than Union elections. Use of this bulletin board is subject to approvaf of the department head. ARTICLE 22. VACANClES 22.1 The Human Resource Department will post notices of job vacancies on the Saint Paul Public Schools World Wide Web page for at least five (5) working days before filling the vacancy so that qualified District employees who hold the title may apply for consideration. 222 For the purpose of this Article, a vacancy need not be posted 'rf it is to be filled by a cuRent employee to avoid a layoff. 22.3 For the purpose of this Article, a vacancy need not be posted if it is to be filled through reinstatement of a laid-off School District empioyee covered by this Agreement with recall rights to the vacancy. C_� � • � ARTICLE 23. NON-DISCRIMINATION 09-1137 • 23.1 The terms and conditions of this Agreement will be appfied 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. 23.2 Employees will perform their duties and responsibilities i� a non-discriminatory manner as such duties and responsibiiities involve other employees and the general public. ARTICLE 24. NO STRIKE, NO LOCKOUT 24.1 Neither the Union, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the full performance of their duties during the life of this Agreement, except as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this Article, the Employer wili warn employees of the consequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his/her fulf duties wiihin iwenry-four (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. 242 No lockout, or refusaf to alfow empfoyees to perform avaifabfe work, shall be instituted by the Employer and/or its appointing authorities during the life of this Agreement. . ARTICLE 25. LEGAL SERVECES 25.1 Except in cases of malfeasance in office or willful or wanton neglect of duty, the Employer shall defend, save harmless, and indemnify employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the performance or scope of the employee's duties. 252 Notwithstanding 25.1, the Employer shali not be responsible for paying any legal service fee or for providing any legal service arising from any Iegal action where the employee is the plaintiff. . ARTICLE 26. SAFETY SHOES/PHYSICAL EXAMINATIONS 26.1 Accident and injury-free operations shall be the goal of the Employer and all employees. To this end, the Employer shall from time to time issue rules or notices to employees regarding on-the-job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 26.2 Such safety equipment as required by governmental regulation shall be provided without cost to the employee. At the Employer'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 shall have the right to withhold the cost of such safety equipment if • not returned. 27 ARTICLE 26. SAFETY SHOES/PHYSICAL EXAMINATIONS (continued) • 26.3 The Employer agrees to pay two hundred dollars ($200) over the term of this agreement toward the purchase or repair of safety shoes for an employee 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 to those emp�oyees who are required to wear protective shoes or boots by the Employer 26.4 The Employer will cover the cost of physical exams required by the Department of Transportation's Federal Regulations for employees who continue to hold proper CDL certification as a bus driver. In addition, the employer agrees to cover the cost of maintaining CDL licensure only for employees who are not normally required by the district to hold such licensure and who have only agreed to maintain their CDL at the dis#ricYs request in order to provide.flexibility and service to the district as needed. ARTICLE 27. TERMS OF AGREEMENT 27.1 Complete Aqreement and Waiver of Barqainina. This Agreement shal! represe�t fhe - complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had ihe unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collecfive bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any • subject or matter referred to or covered in this Agreement. 27.1.1 Pav Eauitv - Possibie Re-Opener. If, during the term of this Agreement, the District is found out of crompl+ance with Pay Equity requirements by the Minnesota Department of Employee Relations (DOER), and if the finding o# non-compliance indicates that American- Federation of State, County, and Municipal Employees' ciasses which are female-dominated and described by DOER as under-compensated are a specific contributing cause of the non- compiiance judgment, and 'rf the non-compliance judgment stands after the completion of any and ait appeat processes, then the District and the Union wiil re-open the contract for the sole purpose of negotiations limited to efforts to address the spec'rfic compliance problems in a manner designed by the parties to move toward compliance. The Union and the District acknowledge that no right to strike is derived from any outcome of the negotiafions or fack of agreement during this re-opener, should it be necessary to re-open. �� 28 • • � ARTICLE 27. TERMSOFAGREEMENT (continued) 09-1137 272 Savinqs Clause. 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 hoid to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeai has been taken within the time provided, such provision shalf be voided. All other provisions shall continue in full force and effect. 27.3 Term of Aareement. This Agreement shall be in full force and effect from July 1, 2008, through June 30, 2010, and shall be automaticaily renewed from year to year thereafter unless either party shall notify the other in writing by June 1 that it desires to modify or terminate this Agreement. 27.4 This constitutes a tentative Agreement between the parties which wiil be recommended by the NegotiationsiEmployee Relations Manager, but is subject io the approvai of tfie Board of Education and is also subject to ratification by Locai Union No. 844. W ITNESSES: INDEPENDENT SCHOOL DISTRICT NO. 625 LOCAL UNION 844, DISTRICT COUNCIL 5 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLQYEES, AFL-CIO 29 5�5/�� Date • • APPENDVX A: T17LES A4JD WAGES Clerical and Technical Employees All Titles are Board of Education Titles and Unique from City of Saint Paul Titles � � 09-1137 Yr of Service Start 1 2 3 4 5 10 15 Step 1 2 3 4 5 6 7 8 Grade 9 Clerk 1 BOE Clerk 1 BOE (Bilingual) Service Worker II BOE 6-21-08 i 1.56 12.37 12.78 13.28 13.66 14.72 15.15 16.01 7-4-09 11.79 12.62 13.04 13.55 13.93 15.01 15.45 16.33 Grade 10 Cferk-Typist 1 BOE Clerk-Typist 1 BOE (Bilingual) 6-21-08 11.81 12.59 13.04 13.45 13.86 14.91 15.36 16.23 7-4-09 12.05 12.84 13.30 13.72 14.14 15.21 15.67 16.55 Grade 12 Data Entry Operator 1 BOE 6-21-08 1227 13.17 13.64 14.13 14.55 15.67 16.14 17.05 7-4-09 12.52 13.43 13.91 14.41 14.84 15.98 16.46 17.39 Grade 13 Mai! Clerk BOE 6-21-08 12.51 13.42 13.90 14.45 14.89 16.02 16.51 17.43 7-4-09 12.76 13.69 14.18 14.74 15.19 16.34 16.84 17.78 Grade 14 Clerk 2 BOE 6-21-08 12.78 13.72 14.25 14.77 15.22 16.37 16.87 17.80 7-4-09 13.04 13.99 14.54 15.07 15.52 16.70 17.21 18.16 Grade 15 Order Distribution Assistant BOE 6-21-08 13.04 13.95 14.52 15.14 15.58 16.76 17.27 1823 7-4-09 13.30 1423 14.81 15.44 15.89 17.10 17.62 18.59 �rade 16 Data Entry Operator 2 BOE 6-21-OS 13.33 14.35 14.91 15.56 16.02 17.24 17.76 18.73 7-4-09 13.60 14.64 1521 15.87 16.34 17.58 18.12 19.10 Grade 17 Clerk-Typist 2 BOE Clerk-Typist 2 BQE (Bilingualj Receptionist BOE Student Pfacement Clerk BOE Student Placement Clerk (Bilinguai) BOE 6-21-08 13.64 14.69 15.26 7-4-09 13.91 14.98 15.57 15.94 16.42 17.65 18.18 19.21 1626 16.75 18.00 18.54 19.59 37 APPENDIX A: TITLES AND WAGES (continued) Yr of Service Start 1 2 3 4 5 10 15 Step 1 2 3 4 5 6 7 8 Grade 19 Accouniing Clerk i BOE ReceptionisUSecurity Assistant BOE Security Monitor BOE 6-21-08 14.25 15.39 16.08 16.80 17.30 18.61 19.17 2021 7-4-09 14.54 15.70 16.40 17.14 17.65 18.98 19.55 20.61 Grade 20 Clerk 3 BOE Community Education Clerk-Typist BOE 6-21-08 14.55 15.85 16,53 1727 17.79 19.14 19.71 20.77 7-4-09 14.84 16.17 16.86 17.62 18.15 19.52 20.10 21.19 Grade 22 Business Clerk BOE Clerk-Typist 3 BOE Clerk-Typist 3 BOE (Bilingual) Data Entry Operator 3 BOE Dupiicating Equipment Operator BOE Payrol! Clerk 1 BOE Student Data Clerk 3 Security Monitor 2 BOE Storeroom Assistant BOE Substitute School Clerk BOE 6-21-OS 1526 16.64 7-4-09 15.57 16.97 Grade 24 Accounting Clerk 2 BOE Child Development Technician BOE Technical User Support 1 BOE 6-21-08 16.12 17.55 7-4-09 16.44 17.90 Grade 25 Occupational Therapy Assistant BOE Physical Therapy Assistant BOE Risk Management Clerk SOE 6-21-08 16.51 18.01 7-4-09 16.84 18.37 17.46 1823 18.77 20.20 20.81 21.93 17.81 18.59 19.15 20.60 2123 22.37 18.35 1921 19.78 2129 21.94 23.10 18.72 19.59 20,18 21.72 22.38 23.56 18.79 19.59 20.18 21.71 22.37 23.56 19.i7 19.98 20.58 22.14 22.82 24.03 • � � 32 • APPENDIX Ac TITLES AND WAGES (continued) 09-1137 Yr ot Secvice Start 1 2 3 4 5 1 � 15 Steo 1 2 3 4 5 6 7 8 Grade 26 Nutrition Program Clerk BOE Nutrition Services Reporting Clerk BOE Student Information S�stems Assistant BOE 6-21-08 16.97 18.53 19.37 7-4-09 17.37 18.90 19.76 Grade 27 Accounts Payable Tech�ician BOE Clerk 4 BOE Efementary School Clerk BOE Furniture Processor BOE Middle Level School Clerk BOE Payroll Clerk 2 BOE Storekeeper BOE Student Data Clerk 4 BOE Student Well�ess Clerk BOE 6-21-08 16.97 18.59 19.45 7-4-09 17.31 18.96 19.84 2024 20.84 22.41 23.09 24.31 20.64 2126 22.86 23.55 24.80 20.37 20.98 22.59 23.27 24.50 20.78 21.40 23.04 23.74 24.99 � Grade 29 Dupiicating Equipment Operator Supervisor BOE Lead Distribution Clerk BOE 6-21-08 17.88 19.59 20.53 21.46 22.12 23.79 24.50 25.80 7-4-09 18.24 19.98 20.94 21.89 22.56 24.27 24.99 26.32 Grade 30 Accounting Technician I BOE I�structional Media Clerk BOE Instructional Media Technician BOE Nutrition Services Lead Clerk BOE Procurement Specialist 1 BOE Secretary BOE Secretary-Bilingual BOE Senior High School Clerical Services Supervisor BOE 6-21-08 18.40 20.10 21.11 22.07 7-4-09 18.77 20.5a 21.53 22.51 Grade 32 Information Systems Technician BOE Procurement Speciafist 2 BOE Administrative Secretary BOE 6-21-08 19.43 2i.27 7-4-09 19.82 21.70 C � 22.74 24.45 25.19 26.52 23.19 24.94 25.69 27.05 22.27 23.32 24.00 22.72 23.79 24.48 33 25.82 26.60 28.00 26.34 27.13 28.56 APPENDIX A: TITLES AND WAGES (continued} Yr of Service Start 1 2 3 4 5 10 15 Step 1 2 3 4 5 6 7 8 Grade 33 Payroli Systems Supervisor BOE Technical User Support 2 BOE Transportation Coordinator 1 BOE 6-21-08 19.96 2i.88 22.89 23.96 24.68 26.56 27.36 28.77 7-4-09 20.36 22.32 23,35 24.44 25.17 27.09 27.91 29.35 Grade 34 Accounting Technician 2 BOE 6-21-OS 20.53 22.48 23.50 24_61 25_36 2728 28.70 29.55 7-4-09 20.94 22.93 23.97 25.10 25.87 27.83 28.66 30.14 Grade 35 Traffic Operafions Coordinator BOE 6-21-08 21.11 23.09 2421 7-4-09 21.53 23.55 24.69 Grade 36 Accounting and Systems Technician BOE Disbursement Auditing Supervisor BOE Network Technician 1 BQE 6-21-08 21.70 23.76 24.89 7-409 22.13 2424 25.39 Grade 37 Transportation Coordinator 2 BOE 6-21-08 2229 24.42 25.56 7-4-09 22.74 24.91 26.07 Grade 38 Accounting Technician 3 BOE 6-2i-OS 22.94 25.12 26.32 7-4-09 23.40 25.62 26.85 Grade 40 Accounting & Systems Technician 2 BOE Applications Systems ProgrammedAnalyst BOE Network Technician 2 BOE 6-21-OS 24.30 26.58 27.82 7-4-09 24.79 27.11 28.38 25.33 26.08 28.06 28.91 30.40 25.84 26.60 28.62 29.49 31.01 26.09 26.89 2$.92 29.79 31.31 26.61 27.43 29.50 30.39 31.94 26.78 27.58 29.69 30.57 32.13 27.32 28.13 3028 31.18 32.77 27.53 28.36 30.51 31.44 33.03 28.08 28.93 31.12 32.07 33.69 29.16 30.05 32.33 33.30 34.97 29.74 30.65 32.98 33.97 35.67 Grade 42 Accounting Technician 4 BOE 6-21-08 25.&3 28.73 29.47 30.83 31.76 3420 35.22 36.98 7-4-09 26.14 28.69 30.06 31.45 32.40 34.88 35.92 37.72 34 � �� C� LJ C J � APPENDIX A: TITLES AND WAGES (continued) Cierical and Technical Employees Schedules for Houriv Tities Distribution Worker BOE Yr of Service 6-21-08 7-4-09 Start 1 5 15 1 2 3 4 20.69 21.40 21.93 22.37 21.10 21.83 22.37 22.82 35 09-1137 APPENDIX B Grade 19 24 32 22 9 9 14 20 27 70 10 17 17 � � 20 12 16 � 36 Hourly � 29 27 27 30 29 13 27 Grade 26 30 26 15 22 27 33 30 32 17 19 2b 30 30 19 � 30 9 27 22 22 27 77 17 27 22 35 33 37 Title Nutrition Program Cierk BOE Nutriiion Services Lead Clerk BOE Nutrition Services Reporting Clerk BOE Order Distribution Assistant BOE Payroll Clerk 1 BOE Payroll Clerk 2 BOE Payroll Systems Supervisor BOE Procurement Specialist 1 BOE Procurement Specialist 2 BOE Receptionist BOE ReceptionisUSecurity Assistant BOE R+sk Managemertt Clerk 80E Secretary BOE Secretary (Bilingual) BOE Security Monitor BOE Security Monitor 2 BOE Sr. High School Clerical Services Supv. BOE Service Worker 2 BOE Storekeeper BOE Storeroom Assistant BOE Student Data Clerk 3 BOE Student Data Clerk 4 BOE Student Placement Clerk BOE Student Placement Clerk (Bilingual) BOE Student Wellness Clerk BOE Substitute School Clerk BOE Traffic Operations Coordinator BOE Transportation Coordinator 1 BOE Transportation Coordinator 2 BOE BOARD OF EDUCATION TECHNICAL TITLES AND GRADES 36 Accounting & Systems Technician BOE 40 Accounting $ Systems Technician 2 BOE 30 Accounting Technician 1 BOE 34 Accounting Technician 2 BOE 38 Accounting Technician 3 BOE 42 Accourrting Technician 4 BOE 27 Accounts Payable Technician BOE 40 Applications Sys. ProgJAnalyst BOE 24 Child Development Technician BOE 32 30 36 40 25 25 26 24 33 Information Systems Technician BOE Instructiona( Media Technician BOE Neiwork Technician 1 BOE Network Technician 2 BOE Occupationa( Therapy Assistant BOE Physical Therapist Assistant BOE Student Infortnation Systems Assistant BOE Technicat User Support 1 BOE Technical User Support 2 BOE • �� r 36 BOARD OF EDUCATION CLERICAL TITLES AND GRADES Title Accounting Clerk 1 BOE Accounting Clerk 2 BOE Administrative Secretary BOE Business Clerk BOE Clerk 1 BOE Clerk 1 (Bilingualj BOE Clerk 2 SOE Clerk 3 BOE Clerk 4 BOE Clerk-Typist 1 BOE Clerk-Typist 1 (Bilingual) BOE Clerk-Typist 2 80E Clerk-Typist 2 (Bilingual) BOE Clerk-Typist 3 BOE Clerk-Typist 3 (Bilingual) BOE Community Educ. Clerk Typist BOE Data Entry Operator T BOE Data Entry Operator 2 BOE Data Entry Operator 3 BOE Disbursement Auditing Supervisor BOE Distribution Worker BOE Duplicating Equip. Operator BOE Duplicating Equip. Operator Supv. BOE Elementary School Clerk BOE Fumiture Processor BOE Instructional Media Clerk BOE Lead Distribution C(erk BOE Mail Clerk BOE Midd�e Level School Clerk BOE . \ J . APPENDIX C: CLERICAL AND TECHNICAL STANDARD RANGES Yr of Service Step LanelGrade 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 DisVibution Worker 0 9.91 10.12 10.32 10.48 10.67 10.88 11.08 11.33 11.56 t 1.81 12.00 1227 12.51 12.78 13.04 13.33 13.64 13.90 1425 14.55 14.91 1526 15.70 16.12 16.51 16.97 16.97 17.46 17.88 18.40 18.90 19.43 19.96 20.53 21.11 21.70 2229 22.94 23.58 24.30 2A.94 25.63 26.41 27.72 27,89 28.70 29.58 30.46 31.37 32.31 19.60 20.69 10.54 tOJ7 10.98 10.61 11.39 11.62 11.84 12.09 12.37 12.59 t 2.86 13.17 13.42 13.72 13.95 14.35 14.69 15.08 15.39 15.85 1621 16.64 17.10 t 7.55 18.01 18.53 18.59 19.03 19.59 20.10 20.68 2127 21.88 22.48 23.09 23.76 24.42 25.12 25.84 26.58 27.38 28.13 28.91 29.76 30.61 31.52 32.47 33.44 34.45 35.49 20.34 21.40 2 10.94 11.OS 11.33 11.56 11.81 12.00 1227 12.51 12.78 13.04 13.31 13.64 13.90 1425 � 4.52 14.91 1526 15.70 16.08 16.53 16.92 17.46 17.85 t 8.35 18.79 19.37 19.45 19.94 20.53 21.11 21.62 2227 22.89 23.50 24.21 24.89 25.56 26.32 27.07 27.82 28.62 29.47 3026 3123 32.05 33.00 33.99 35.01 36.07 37.14 20.34 21.40 3 1127 11.48 11.74 11.94 1220 12.41 12.69 12.98 1328 13.45 13.79 14.13 14.45 14.77 15.�4 15.56 15.94 16.35 16.80 1727 17.70 1823 18.67 1921 19.59 2624 20.37 20.81 21.46 22.07 22.65 23.32 23.96 24.61 25.33 26.09 26.78 27.53 28.32 29.16 30.00 30.53 3'I .72 32.67 33.61 34.62 35.66 36.72 37.82 38.96 20.34 21.40 4 11.61 11.81 12.09 12.30 12.58 12.78 13.08 13.38 13.66 13.56 1420 14.55 14.89 1522 � 5.58 16.02 16.42 16.85 17.30 17.79 1823 18.77 19.22 19.78 20.18 20.84 20.98 21.43 22.12 22.74 23.34 24.00 24.68 25.36 26.08 26.89 27.58 28.36 29.18 30.05 30.88 31.76 32.67 33.64 34.62 35.66 36.72 37.82 38.96 40.13 20.34 27.40 JUNE 2Q92�� 5 10 15 12.49 12.72 13.07 13.23 13.52 1376 14.07 14.40 14.72 14.91 15.27 15.67 16.02 16.37 � 6.76 1724 17.65 18.13 18.61 19.14 19.63 20.20 20.69 2t 29 21.71 22.41 22.59 23.07 23.79 24.45 25.11 25.82 26.56 2728 28.06 28.92 29.69 30.51 31.40 32.33 3324 3420 35.15 36.19 3726 38.36 39.53 40.71 41.93 43.19 20.84 21.93 12.56 13.10 13.41 13.63 13.93 14.16 14.48 14.52 15.15 15.36 t 5.73 16.14 16.51 16.87 1727 17.76 18.18 18.67 19.17 19.71 20.21 20.81 21.30 2t.94 22.37 23.09 2327 23.76 24.50 25.79 25�85 26.60 27.36 28.10 28.91 29.79 30.57 31.44 32.34 33.30 3424 35.22 36.'19 3729 38.36 39.53 40.71 41.93 43.19 44.49 20.84 21.93 13.87 14.18 14.44 14.76 14.99 15.33 15.68 16.01 16.23 t 6.63 17.05 17.43 17.80 18.23 18.73 19.21 19.71 2021 20.77 21.30 21.93 22.45 23.10 23.56 24.31 24.50 25.06 25.80 26.52 2721 28.00 28.77 2�.55 30.40 31.31 32.13 33.03 33.99 34.97 35.95 36.98 38.03 39.15 40.28 41.49 42.70 44.00 45.32 46.66 20.94 22.37 37 APPENDIX C: CLERICAL AND TECHNICAL STANDARD RANGES Yr of Service Step Lane/Grade 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 � 23 24 25 26 27 28 29 30 37 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Distribution Worker 1 2 10.11 10.32 10.53 10,69 10.88 11.10 91.30 11.56 11.79 12.05 1224 12.52 12.76 13.04 13.30 13,60 13.91 74.T8 14.54 14.84 1521 15.57 16.07 16.44 16.84 17.37 17.31 17.81 � 8.24 18.77 7928 19.82 20.36 20.94 21.53 22.i3 22.74 23.40 24.05 24.79 25.44 26.14 26.94 27.66 28.45 2927 30.17 31.07 32.00 §2.96 19.99 21.10 10.75 10.99 1120 10.82 ti.62 17.85 12.08 12.33 12.62 12.84 13.12 73.43 13.69 7 3.99 14.23 74.64 14.98 15.38 15.70 16.17 16.53 16.97 17.44 17.90 18.37 18.90 18.96 19.41 19.98 20.50 21.09 21.70 22.32 22.93 23.55 2424 24.91 25.62 26.36 27.11 27.93 28.69 29.49 30.36 3122 32.15 33.12 34.11 35.14 3620 20.75 21.83 11.16 11.30 11.56 11.79 12.05 1224 12.52 72.76 13.04 13.30 13.58 13.97 14.i8 14.54 14.81 1527 15,57 16,01 16.40 16.86 17.26 17.81 1821 18.72 19.17 19.76 19.84 2d.34 20.94 21.53 22.05 22.72 23.35 23_97 24.69 25.39 26.07 26.85 27.61 28.38 29.19 30.06 30.87 31.85 32.69 33.66 34.67 35.77 36.79 37.88 20.75 21.83 11.50 11.71 11.97 12.18 12.44 12.66 12.94 1324 13.55 13J2 14.07 14.41 74.74 15.07 15.44 15.87 1626 i 6.68 17.14 17.62 18.05 18.59 19.04 19.59 19.98 20.64 20.78 2123 21.89 22.57 23.10 23.79 24.44 25.10 25.84 26.67 27.32 28.08 25.89 29.74 30.60 31.45 32.35 33.32 34.28 35.31 36.37 37.45 38.58 39.74 20.75 21.83 4 12.05 12.33 12.55 12.83 13.04 13.34 13.65 13.93 14.14 14.48 14.84 75.19 15.52 15.89 16.34 1675 17.19 17.65 18.15 18.59 19.15 19.60 20.18 20.58 2126 21.40 21.86 22.56 23.19 �3.81 24,48 25.17 25.87 26.60 27.43 28.13 25.93 29.76 30.65 31.50 32.40 33.32 34.31 35.31 36.37 37.45 38.58 39.74 40.93 20.75 21.83 12.97 ] 3.27 13.49 13.79 14.04 14.35 14.69 15.01 152i 15.58 15.98 16.34 16.70 17.10 1Z58 18.00 18.49 18.98 19.52 20.02 20.60 27.10 27.72 22.14 22.86 23.04 23.53 2427 24.94 25.61 26.34 27.09 27.83 28.62 29.50 3028 31.72 32.03 32.98 33.90 34.88 35.85 36.91 38.01 39.13 40.32 47.52 42.77 44.05 2126 22.37 JULY 4, 2009 10 13.36 13.68 13.90 1421 14.44 ia.n 15.12 15.45 75.67 16.04 16.46 7 6.84 1721 17.62 18.12 18.54 19.04 19.55 20.10 20.61 2123 21.73 22.38 22.82 23.55 23.74 24.24 24.99 25.69 26.37 27:13 27.91 28.66 29.49 30.39 31.18 32.07 32.99 33.97 34.92 35.92 36.91 38.04 39.13 40.32 47.52 42.77 44.Q5 45.38 2126 22.37 15 8 13.89 14.15 14.46 14.73 15.06 1529 15.64 15.99 16.33 i 6.55 16,96 17.39 17.78 18.16 18.59 19.10 19.59 20.i0 20.61 21.19 21J3 22.37 22.90 23.56 24.03 24.80 24.99 25.56 26.32 27.05 27.75 28.56 29.35 30.14 31.01 3i.94 32.77 33.69 34.67 35.67 36.67 37.72 38.79 39.93 41.09 42.32 43.55 44.88 4623 47.59 21.36 22.82 � • • � • � �� ADDIT{ONAL tNFORMATION (Not a Part of the Agreement) MEMORANDA OF UNDERSTANDING Labor Management Task Force Labor Management Committee MEMORANDUM OFAGREEMENT Improvement Plan Process LETTERS OF UNDERSTANDING Bumping Process Ten-Month Employees' Vacations 39 09-1137 MEMORANDUM OFUNDERSTANDING BETWEEN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 5, LOCAL NO. 844 (AFSCME) REGARDING LABOR MANAGEMENT TASK FORCE The parties agree to continue a fortnai Labor Management Task Force to review issues both parties agree upon, including the appropriafe use of titles in various positions in the District. It is turther undersfood fhat the Union and the Employer will appoint members fo the task force and all decisions will be through consensus based decision making. The Task Force may make recommendations to the Superintendent of Schools and the Union. The Union and the District agree that the Task Force may. 1. Review descriptions for tities and identify elements that distinguish the typical resporisibilities for AFSCME positions from others in the District. 2. Identify and discuss existing positions and appropriate unit determinations. 3. Work to develop a procedure to assure future appointments are placed in the appropriate title and bargaining unit. 4. Develop an agreement regarding employees in the District wtio currently are found to be irt the wrong title or bargaining unit. 5. Discuss other relevant issues as agreed upon. Manager Manager Relations ��1 �� Date �� LOCAL UNION 844, DISTRICT COUNCIL 5 OF THE AMERtCAN FEDERA'fION OF STATE, COUNTY, AND MUNICIPAL EMPL ES, AFL-CIO Preside , c • B ' ess Representative �r��la� Dat�� J ;� . 40 INDEPENDENT SCHOOL DISTRICT NO. a�� : MEMORANDUM OF UNDERSTANDING : qC1�C�1 09-1137 AMERICAN FEDERATION OF STATE, COUNTY AND MUNfCIPAL EMPLOYEES, DISTRICT COUNCIL 5, LOCAL NO. 844 (AFSCME) REGARDING LABOR MANAGEMENT COMMITTEE The U�ion and Employer agree to utilize a Labor Management Committee with consensus based decision making to explore topics of mutual interest. Topics may be discussed, upon agreement of the parties. The Labor Management Committee will make recommendations to the Superintendent of Schoois and the Union. The parties agree to a good faith attempt to resolve the issues. • LOCAL UNION 844, DISTRICT COUNCIL 5 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPL�$EES, AFL-CIO /✓ � _ /1� _ Manager By�jffess Representative Manager � .(��3�� . Relations Date - ��5�� Date • 41 INDEPENDENT SCHOOL DISTRICT NO. 625 MEMORANDUM OFAGREEMENT BETWEEN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 5, LOCAL NO. 844 (AFSCME) REGARDING IMPROVEMENT PLAN PROCESS The Union and District jointly affirm that individual improvement plans are an appropriate method through which to identify job-related areas of concern and provide an opportunity for employees to improve pertormance, This process connects an employee's step advancement or salary increase to the foliowing improvement plan process. Steo 1: INFORMAL PROCESS The supervisor and employee meet on an informal basis to discuss performance concerns. The supervisor clearly articu(ates pertormance expecfations and provides the employee time to make corrections. Step 2: If the employee is not meeting performance expectations atter an appropriate period of time, the supervisor notifies the empioyee in writing of a meeting to discuss the components of an improveme�t plan. The written notification informs the employee that he/she has the right to Union representation at this meeting. � Steo 3_ FORMAL PROCESS The employee and supervisor [and union representative, if employee desires] meet to discuss the components and fime(ines of an improvement plan. The plan articulates tfie areas of concern, actions the employee and supervisor must take to be on track with the plan, and timelines to meet to discuss progress. "On track' means following the actions and adhering to the timelines � outlined in the improvement plan. The empioyee may appeai the components or timelines of the improvement plan to the next level supervisor. Step 4" If the empioyee is on the improvement pian as of June 1 and NOT on track with the components of the plan, the employee's step or salary increase ('rf not eligible for a step) is withheld. If the employee is on track, no action is taken. The improvement plan must have been in place since March 1 in order to lose a step/salary increase. Also, 'rf the supervisor is not ori track, a step/salary increase may not be withheld. StQp 5: � The supervisor must meet with the employee approximately two months, four months, and six months after the withholding of a step/salary increase. The purpose of these meetings is to assess whether the employee and the supervisor are on track, to provide assistance and resources, and to answer any questions/concems the employee may have. tf the employee is on track or the supervisor is not on track, the employee's step/salary increase wiil be reinstated retroactive to July 1. Steo 6: At the six-month meeting, one of the following will occur: 1) The employee will be on track or the supervisor will not be on track, and the employee will be taken off the improvement plan, and his/her step/salary increase restored retroactive to July 1; 2) The employee and supervisor will agree to eutend the improvement plan for an agreed upon length of time; 3) The employee will not be on track, and the employer may take �scipfinary action rf pertormance is deficient. 42 • 09-1137 MEMORANDUM OFAGREEMENT • REGARDING (MPROVEMENT PLAN PROCESS (Continued) � � Although placement on an improvement plan is not grievable, an employee may grieve a disciplinary action. If Number 3 occurs and the employee's step/salary increase is not restored, the employee may grieve the foss of step/salary increase at this time. Memorandum shall remain in effect for the duration of the 2008-2010 Labor Agreement. INDEPENDEfVT SCHOOL DISTRICT NO. 625 �� Chair, Board o ducation 43 LOCAL UN{OIV 844, DISTRICT COUNGL 5 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPL EES, AFL-CIO ! K / Presi t, a1844 Y � ess Representative �2 -�l� Date �/��o� Date LETTER OF UNDERSTANDING BETW EEN AMERICAN FEDERATION OF STATE, COUNN AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 14, LOCAL NO. 844 (AFSCME) REGARDING BUMPING PROCESS October 15, 2002 Mr. David Norih, Business Representative American Federation of State, County and Municipal Employees, Council 14 300 Hardman Avenue South, Suite 2 South Saint Paul, Minnesota 55075-2469 Re: Letter of Understanding Regarding Bumping Dear Mr. North: L � This letter will serve as clarification and as an understanding between the Schoat District and the Union regarding the bumping process the District employs in the event of iayoffs. � When a position is eliminated and the incumbent has bumping rights, at the discretion of the District and to ihe eutent possible, the employee wiil be piaced in a position with ihe same work year as that previously held. This letter addresses only the parties understanding regarding the issue of bumping and placement into positions of a similar work year. It is not part of the labor agreement, nor does it supplant the DistricYs discretion in placing clerical and technical employees whose positions are eliminated. Sincerely, �� Wayne Amdt Negotiations/Labor Relations Manager � 0 • LETTER OF UNDERSTANDING 09-1137 BETW EEN AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, DISTRICT COUNCIL 14, LOCAL NO. 844 (AFSCME) REGARDING TEN-MONTH EMPLOYEES' VACAT40NS Octo6er 15, 20�2 Mr. David North, Business Representative American Federation of State, County and Municipal Employees, Council 14 300 Hardman Avenue South, Suite 2 South Saint Paul, Minnesota 55075-2469 Re: Letter of Understanding Regarding Ten-Month Employees' Vacations Dear Mr. North: This letter will serve as clarification and as an understanding between the School District and the � Union regarding when ten-month clerical and technical employees may take vacation. It is our understanding that ten-month employees may use vacation, in accordance with business office rules regarding vacation use, anytime within the employee's ten-month work year, including days within the regular schoof year when school is not in session. These days when school is not in session include teacher workshop days, winter and spring break, and teacher prep/in-service days. All vacation must be requested in accordance with each departmenYs procedures and approved by an employee's supervisor. There may be instances where an employee is required to work during these non-student contact days; however, if work is not scheduled, employees may use availabie vacation time. This letter addresses only the parties understanding regarding the issue of use of vacation for ten- month employees. It is not part of the labor agreement, nor does it supplant the DistricYs discretion in approving specific vacation requests or the scheduling of work during non-student contact periods. Sincerely, ��' E��r�s�� Wayne Arndt Negotiations/Labor Relations Manager C� as INDEX A Adoption Leave ......................................9, 11 B Bereavement Leave .................................... 9 C Compensation Errors ................................13 Court Duty Leave .......................................10 D Dental Insurance ....................................... Discipline ................................................... 23 Dues............................................................ 5 E Educational Leave .....................................12 Employee Records ....................................23 F Fair Share Fee ............................................. Family Medical Leave ................................12 Flexible Spending Account ........................17 G Grievance Procedure .................................2 H Heafth Insurance ....................................... Holidays ....................................................... 7 I Improvement Pian Process .......................42 Insurance Benefits .....................................16 L Labor Management Task Force ................ 40 Leaves Of Absence ..................................... 9 Legal Services ........................................... Life Insurance ............................................ LunchBreaks .............................................. 7 M Mileage ...................................................... 14 Military Leave ............................................. N No Strike, No Lockout ............................... 27 Non-Compensatory Leave Of Absence.....11 Non-Discrimination .................................... 27 O Overtime ...................................................... 6 P Parental Leave ........................................... Physical Exams ......................................... Preamble..................................................... Probation................................................... Q Quarantine/Catastrophic Disaster Leave...12 R RestBreaks ................................................. Retirement Health Insurance .....................17 S Safety Shoes ............................................. Salaries ............................................... - 35 Salary Step Progression ............................13 Seniority ..................................................... 21 Severance Pay ........................................... Sick Child Care Leave .................................9 Sick Leave ................................................... Spouse/Dependent Parent Leave ................9 T Temporary Employees ............................... Titles and Grades ......................................3 U Union Official Leave ..............,.................... V Vacancies.................................................. Vacation....................................................... 8 W Wages ....................................................... 12 Work Week .................................................. Workday ...................................................... 6 Working Out Of Ciassification ...................14 G�: • I 0 � � INDEPENDENT SCHOOL DISTRICT NO. 625 09-1137 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: August 18, 2009 TOPIC: Approval of an Employment Agreement with International Brotherhood of Electrical Workers, Local No. 110, to Establish Terms and Conditions of Employment for 2009-2012 A. PERTINENT FACTS. t. New Agreement is for a three-year period, May 1, 2009, through Apri13�, 2012. 2. The language provisiohs of the previous contract remain unchanged, except for necessary changes to Appendix C(Salary) and Appendix D(Benefits). 3. The District has 13 r�ular FTE in this bargaining unit. 4. Wage and benefit changes refiect prevailing wage for the industry. The second and third year will be a reopener for wages only. 5. This ftem will meet the District target area goal of aligning resource allocation to District priorities. 6. This request is submitted by Joyce Victor, Negotiations/Employee Relations Assistant Manager; Teresa C. Rogers, Executive Director of Human Resources/Employee Relations; Kevin Umidon, Generai Manager Facliry Planning; Hitesh Haria, Chief Operations Officer; and Michael Baumann, Interim Cnief Financial Officer. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and, adopt the Employment Agreement conceming the terms and conditions of employment of those employees in this school district for whom International Brotherhood of Electrical Workers, Local No. 110, is the exclusive representative; duratlon of said agreement is for the period of May 1, 2009 through April 30, 2012. 09-1137 C � J �� • ARTICLE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. TITLE INDEX PAGE Pream ............................................................................................................ Purpose .................._.......................................................................................... Recognition ........................................................................................................ Employer ................................................................................................. Union Rights ...................................................................................................... Scope the Agreement .................................................................................... Probationary .......................................................................................... Philosophy of Employment and Compensation ................................................. Hours Work .................................................................................................... Overtime ................................................................................................ Call Back ................................................................................................ Work Location ........................................................................................ Wages ................................................................................................... Fringe Benefits ....................................................................................... Selection of Lead Electrician, General Lead Electrician, Master Electrician, and Master Building Controls Electrician ............................................................................. Holidays ................................................................................................. Discipiinary Procedures ......................................................................... Absences Work ............................................................................. Sen iority ................................................................................................. Jurisdiction ............................................................................................ Separation from Empioyment ............................................................... Tools..................................................................................................... Grievance Procedure ............................................................................ Right of Subcontract ............................................................................. Non-Discrimination ................................................................................ Severabi{ity ............................................................................................ Waiver ................................................................................................... Mileage - Independent School District No. 625 ..................................... Court Duty Leave .................................................................................. ParentalfMaternity/FMLA Leave ............................................................ Required Training ................................................................................. Duration Piedge ............................................................................. Appendix ................................................................................... Appendix ................................................................................... Appendix ................................................................................... Appendix ................................................................................... Appe�dix E ................................................................................... 4 5 5 5 5 6 6 7 7 8 8 9 9 9 10 10 11 11 11 12 12 13 13 14 15 15 15 15 16 16 16 17 18 18 19 � 24 3 • PAEAMBLE This Agreement is entered into tietween Independent School District hlo. 625, hereinafter referred to as the Employer, and the Intemational Brotherhood of Electricai Workers, Local t10, hereinafter reterred 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 labor-management cooperation, The Employer and the Unio� both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at ali levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of fhe genera( pubfic. i �� 09-1137 • � ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to: 1.1.1 1.1.2 1.1.3 Achieve orderly and peacefiul relations, thereby esiabiishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safety and well-being of all concemed; Set forth rates of pay, hours of work, and other conditions of employment as have been agreed upon by the Employer and the Union; Establish procedures to orderly and peacefully resolve disputes as to the application or interpretation of this Agreement without loss of manpower productivity. 1.2 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 confiict with such legislation, the fatter shafl prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25, Severability. ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnel having an 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 exc{usively represented by the Union are as listed in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ail manpower, facilities, and equipment; to estaUlish 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 managerial function not specifically limited by this Agreement. 3.2 Any "term or condition of employmenY' not established by this Agreement shall remain with the Employer to eliminate, modify or establish following written notification to the Union. ARTICLE A. UNtON RfGHTS 4.1 The Empioyer shail deduct from the wages of employees 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 shaN not deduct dues trom the wages of employees covered by this Agreement for any other labor organization. � ARTICLE 4. UNION RIGHTS (continued) 4.12 The Union shall indemnify and save hartnless the Employer from any and ai( ciaims or charges made against the Employer as a resutt of the implementallon of this article. 42 The Union may designate one (1) employee from the bargaining unit in each department to act as a Steward and shali inform the Employer in writing of such designation. Such employee shall have the rights and responsibilities as designated in Article 22, Grievance Procedure. 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or designated representative shafl be permitted fo enter the facilities of the Employer where employees covered by this Agreement are working. ARTlCLE 5. SCOPE OF THE AGREEMENT 5.1 This Agreement established the "terms and conditions of employment" defined by Minnesota Statute § 179A.03, Subdivision 19, for all employees exclusively represented by the Union. This Agreement shall supersede such "terms and conditions of empfoyment' estabfished by Civi( Service Rule, Council Ordinance, and Council Resolution. ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 6.12 At any time during the probationary period an employee may be terminated at the discretion of the Empioyer without appea! to the provisions of Article 22, Grievance Procedure. M employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. . 62 Ail personnel promoted to a higher class of positions shaii serve a six (6) monm promotional probationary period during which time the employee's fitness and ability to pertorm the class of positions' duties and responsibilities shali be evaluated. . 62.1 At any time during the promotional probationary period, an employee may be demoted to the employee's previously-held class of positions at tt�e discretion of the Employer without appeal to the provisions of Article 22, Grievance Procedure. 6.22 M employee demofed during fhe promotional probationary period shaii be retumed to ihe empioyee's p2viousiy-hefd ciass of positions and shalt receive a written notice of the reason(s) for demotion, a copy of which shall be sent to the Union. • � � 09-1137 • ARTiCLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 7.2 7.3 The Employer and the Union are in full agreement that the phiiosophy of employment and compensation shall be a°cash" hourly wage and °industry' fringe benefit-system. � The Employer shail compensate empioyees for all hours worked at the basic hourly wage rate and hourfy 4ringe benetit rate as found in Article 12, W ages and Fringe Benetits. No other compensation or fringe benefit shall be accumulated or earned by an empioyee except as specifically provided for in this Agreement. ARTICIE 8. HOURS OF WORK 8.1 8.2 The normaf workday shall be eight (8) consecutive hours per day, excluding a thirty (30) minute unpaid lunch period. The normal work week shall be five (5) consecutive normal 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 shift shali be a regularly-scheduled shift which follows a regulariy-scheduled first shift of five (5) hours or greater. The third shift shall be a regularly-scheduled shift which follows a regularfy-scheduled second shift of five (5) hours or greater. F� 8.5 For empioyees on a shift basis, this shail be construed to mean an average ot forty (40) hours a week. This section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week. 8.6 An employee normally working on a particular shitt may be transferred from that shift to another shift upon one week's notice; provided, however, that in the event of a vacancy, an employee may be assigned to another shift to fill such vacancy upon twenty-tour (24) hours' notice. 8.7 [�] All empioyees shalf be at the work iocation designated by their supervisor, ready for work, at the established starting time and shal! remain at an assigned work location until the end of the established workday unless othervuise directed by their supervisor. All empioyees are subject to call-back by the Employer as provided by Article 10, Call Back. 8.9 Empfoyees reporting for work at the established starting time and for whom no work is available shail receive pay for two (2) hours, at the basic houriy rate, unfess notification has been given not to report for work prior to Ieaving 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 empfoyee is to be laid off. 8.11 If an employee is required to work eleven (11) consecutive hours or more that invobe scheduled overtime, the employee shall be allowed to take a thirty (30) minute unpaid meal break. Such meal break wili be taken within the first two (2) hours immediately following the normai workday, as defined in 8.1 of this articie. . ARTICLE 9. OVERTIME 9.1 All overtime compensated for by the Empioyer must receive prior authorization from a designated Employer supervisor. No overtime work ctaim will be honored for payment or credit unless approved in advance. An overiime claim will not be honored, even though shown on the time card, uniess the required advance approval has been obtained. 92 9.3 9,4 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 Time worked in excess of eight (S} hours in any one normal workday, and 92.2 Time worked on a sixth (6th) day following a normal work week. The overtime rate of two (2) times the basic hourly rate shall be paid for work performed under the following circumstances: 9.3.1 9.32 Time worked on a seventh (7th) day foilowing a normal work week, and Time worked in excess of twe(ve (12) Consecutive hours in a twenfy-four (24) hour period, provided that all °emergenc� work required by "Acts of God° shatl be compensated at the rate of one and one-half (1-1/2). For the purpose of calculating overtime compensation, overtime hours worked shail not be °pyramided,° compounded or paid iwice for the same hours worked. 9.5 Overtime hours worked as provided by this article shall be paid in cash or in compensatory time. The basis on which overtime shall be paid shall be determined sofely by tfie Emp(oyer. Compensatory time off must be approved by the Employer. ARTICLE 10. CAl.L BACK 10.7 The Employer retains the right to call back employees before an empioyee has started a normal workday or normal work week and after an employee has completed a normal workday or normal work week. 102 10.3 Employees calied back shat( receive a minimum of four (4) hours of pay at the basic houriy rate (equals 2.7 hours at time and a haifj. , The hours worked based on a call-back shall be compensated in accordance with Article 9, Overtime, when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours or less prior to their normai workday shall complete the normal workday and be compensated only for the overtime hours worked in accordance wfth Article 9, Overtime. 10.5 Stand by. Any empioyee who is required to be avaitable for emergency service work on weekends and holidays shall be guaranteed work or wages and tringes equivalent to: 40 minutes for Friday night 80 minutes for Saturday and Saturday rtight 80 minutes tor Sunday and Sunday night or 80 minutes for any holiday and holiday night of such 24-hour shifts. All of the above shall be at time and one-halt (1-1/2) rate. If the employee is called in for work, the above time shall be part of, not in addition to, the time worked. � � � E3 09-1137 • ARTICLE 11. WORK LOCATION 11.i Empioyees shall report to the work locations as assigned by a designated Employer superrisor. During the normal workday, emp(oyees may be assigned to other work iocations at the discretion of the Employer. 11.2 Employees assigned to work locations during the normal workday other than their originai assignment, and who are required to furnish their own transportation, sha11 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 be paid for all hours worked by an employee. 12.2 Regular and temporary employees shall be compensated in accordance with Article 12.1, above, and have fringe benefit contributions andlor deductions made on their behalf as provided for by Article 13, Fringe Benefits. ART4CLE 13. FRINGE BENEFITS 13.1 The Empioyer shali make contributions on behalf of and/or make deductions from the wages of employees covered by this Agreement i� accordance with Appendix D for all hours worked. 132 The Employer will for the period of this Agreement provide, for those employees who . were "grandfathered" as eligible for the Employer's Health and Welfare Plan and who have retired since February 15, 1974, such health insurance premium contributions up to the same do{lar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65) years of age. in order to be eligible for the premium coMributions under the provision 13.2 and 13.3 the employee must: 13.2.1 Be receiving benefits from a public employee retiree act at the time of retirement. 1322 Have severed the employment relationship with the Gity of Saint Paul andlor Independent School District No. 625 under one of the early retiree plans. 132.3 fnform the Human Resource Department of independent Schooi District No. 625 and Personnel Office of the City of Saint Paul in writing within sixty (60) days of empioyee's early retirement date that he or she wishes to be eligible for early retiree insurance benefits. 13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in Article 132, or for early retirees who quaiified under Articie 13.2 and have reached age sixiy-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 ELECTRtCIAN, GENERAL LEAD ELECTRICIAN, MASTER ELECTRICIAN, AND MASTER BUlLDING CONTROLS ELECTRICIAN 14.1 The selection of personnel for the class of positions General Lead Electrician, Lead Electrician, Master Electrician, and Master Building Controls Electrician shall remain solely with the Employer. 142 Temporary Assigrtments 'l42.1 The class of positions Master Electrician, and Master Building Controls Electrician shall be filled by employees of the bargaining unit on a'Yemporary assignment ° 1422 All "temporary assignments° shali be made only at the direction of a designated Employer supervisor. 742.3 Such 'Yemporary assignments" shall be made only in cases where the class of positions is vacant for more than one (1) normal workday. ARTICLE 15. HOLIDAYS t 5.1 The following nine (9) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday in November December25 15.z When New Years Day, independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered ihe designated holiday. When any of fhese three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) hoiidays shall be considered non-workdays. 15.4 If, in the judgment of the Employer, personnei are necessary for operating or emergency reasons, employees may be scheduled or "called bacK' in accordance with Articie 7 0, Call Back. 15.5 Empioyees called in to work on a designated holiday shall be compensated at the rate of two (2) times the basic hourly rate for all hours worked. 15.6 If Martirt Luther King, Jr. Day or Presidents' Day falls on a day when school is in session, ihe employee shall work that day at straighY 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 fails on a day when schooi is not in session, that day will normatty be an unpaid holiday. If the Employer schedules work on such days, employees will be offered an opportunity to work that day at the sVaight-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 called in accordance with Article 10 and paid as in Article15.5. � �� ' � 10 09-1137 C J • • ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Employer shall have the right to impose disciplinary actions on employees for just cause. 162 Disciplinary actions by the Employer shal! include only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 16.2.3 Suspension; 18.2.4 Demotion; 16.2.5 Discharge. 16.3 Empioyees who are suspended, demoted or discharged shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22, Carievance Procedure; as an aitemative option, such employees can request review by the Civi! Service Commission or a designated Board ot Review, consistent with Minnesota Statute § 179A20, Subd. 4. Once an empioyee, or the Union acting in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. 16.4 From the time of a documented disciplinary actio� of an employee, if no further instances of documented discipline occur for twenty-four (24) mo�ths, the record of all 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 action 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 normaf 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 discipline as provided in Article 16, Disciplinary Procedures. Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. ARTICLE 18. SENIORITY 18.1 Seniority, for the purposes of this Agreement, shall be defined as follows: 18.1.1 "Master Seniority" - The length of continuous regular and probationary service with the Empioyer from the last date of employment in any and all class titles covered by this Agreement. 18.1.2 "Cfass Seniority' - The fength of continuous regular and probationary service with the Employer from the date an employee was first appointed to a class title covered by this Agreement. 18.1.3 Empioyees hired on or after May 1, 2003, shall receive no seniority credit for years of service wfth the City of Saint Paul. 11 ARTICLE 18. SENfORITY (continued) 182 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thiriy (30) calendar days; is granted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Empioyer or to an elected or appointed full-time position with the Union. i 8.3 Seniority shail terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of "Class Seniority.° Recall from layoff shall be in inverse order of layoff, except that recali rights shall expire after two years of layoff. 18.5 The selection of vacation periods shatl be made in class title based on length of "Class Seniority,° subject to the approval of the Employer. ARTICLE 19. JURISDICTION 19.1 Disputes conceming work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements beiween the unions involved. 19.3 In the event of a dispute conceming the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutualiy possible to resolve the dispute. IVothing in fhe foregoing shall restrict the righY of ihe Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Employers basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 19.2 and 19.3 above shall be subject to disciplinary action as provided in Articte 96, Disciplinary Procedures. 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. . ARTICLE 20. SEPARA"fIOiJ FROM EMPLOYMENT 20.1 Employees having a probationary or regular employment status shall be considered separated from employment based on the following actions: 20.1.1 zo.y z 20.7.3 Resipnation. Employees resigning from emp(oyment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharqe. As provided in Article 16. Failure to Report for Duty. As provided for in Article i 7. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a normal workday. • . r 1 LJ 12 09-1137 � • ARTICLE 21. TOOLS 21.1 Aii empioyees shail personaliy provide themseives with the toois of the trade as fisted in Appendix E. ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shali recognize Stewards seiected in accordance with Union rules and reguiations 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. 22.2 It is recognized and acceptsd by the Employer and the Union that the processing of grievances as hereinafter provided is limited 6y the job duties and responsihilities of the employees and shall therefore be accompfished during working hours only when consistent with such employee duties and responsibilities. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence wouid not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shall, except as previously noted in Article 16, Disciplinary Procedures, be the sole and exclusive prxedure, for the processing of grievances, which are detined as an alleged violation ot the terms and conditions of this Agreeme�t. 22.4 Grievances shall be resolved in conformance with the following procedure: Step 1. Upon the occurret�ce of an alleged vioiation of this Agreement, the employee involved shall attempt to resofve the matter on an informal basis with the empioyee's supervisor. It 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 tacts 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 diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. ' Step2. Within seven (7) calendar days after receiving the written grievance, a designated Empioyer Supervisor shali meet with the Union Steward and attempt to resolve the grievance. if, as a result of this meeting, the grievance remains unresolved, the Employer shail repVy in writing 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 following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within seven (7) caiendar days following receipt of the Empioyer's answer shall be considered waived. ', U Ste� 3. Within seven (7) calendar days fotlowing receipt of a grievance referced from Step 2, a designated Empfoyer Supervisor shall meet with the Union Business Manager or his designated representative and attempt to resolve the grievance. Within seven {7) calendar days foilowing this meeting, the Employer shali reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing 13 ARTICLE 22. GRIEVANCE PROCEDURE (continuecn by fhe Union to Step 4 within seven (� calendar days following receipt of the Employer's answer shall be considered waived. Steo 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 arbflrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given, If the parties fail to mutuaily agree upon an arbitrator within the said seven (7)- day period either party may request the Bureau of Mediation Services to submit a panel of five (5} arbitrators. Both the Employer and the Union shati fiave the right to strike two (2) names from the panel. The Union sha(I sfrike the first (1 } name; the Empfoyer shafl then strike one (1 } name. The process will be repeated and the remaining person shail be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract irom the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submiHed in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitied. The arbitrator shall be without power to make decisions contrary to or inconsistent wRh or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shali be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreeme�t and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbftrafo�'s services and proceedings shal( be bome equally by the Employer and the Union, provided that each party shail be responsib(e for compensating its own representative and witnesses. if either party cancels an arbitration hearing or asks for a last-minute postponement that leads to the arbitratoTs making a charge, the canceling party or the party asking for the postponement shaii pay this charge. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record, 22.7 The time Iimits in each step of this procedure may be extended by mutual agreement of the Empioyer and the Union. ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. In the event that such contracting would result in a reduction of the workforce covered by this Agreement, the Employer shail give the Union a ninety (90) calendar day notice of the intention to subcontract. 23.2 The subcontracting of work done by the employees covered by this Agreement shall in all cases be made only to Employers who qualify in accordance with Ordinance No. 14013. � . � 14 09-1137 • ARTICLE 24. NON-DISCRIMINATION 24.1 The terms and conditions of this Agreement wilf be applied to employees equally without regard to or discrimination far or against, any individual because of race, color, creed, sex, age or 6ecause of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. ARTICLE 25. SEVERABILITY 25.1 in the event that any provision(s} of this Agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall 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 legislative, administrative or judicial determination. ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms an.d conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fuily 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 specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTlCLE 27. MtLEAGE SECTION 1. MILEAGE ALLOWANCE. Employees of the 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 sha11 be indexed periodicaily to reflect the rate estabfished by the Internai Revenue Service. SECTION 2. REIMBURSEMENT PROCEDURES. An employee must keep a record of each trip made, Reimbursement shali be for the actuai mileage driven in the pertormance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. L� 15 ARTICLE 28. COURT DUTY LEAVE SECTION 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 Federation against the District. In cases where the Board is a party in the Iitigation, the employee shall be entifled to pay wfiite attending as a witness at the request of the Board or as a co-defendant in the case. SECTION 2. REQUIRED JURY DUTY. Any employee who is required to serve as a juror shall be granted leave with pay while serving on j�ry duty contingent upon the employee paying to the Board any fees received, minus trave) allowance, for such jury serviCe. The emp�oyee may seek to be excused from jury duty. ARTICLE 29. PARENTAUMATERNITY/FMLA LEAVE 29.1 Parental/Matemity 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 parentaf care for a chifd or chiidren of the empioyee for an extended period of time immediately following adoption or the conclusion of pregnancy; such period of leave shall be no longer than one calendar year in length. Leave up to six (6) calendar months shall be granted upon request. Leave for more ihan six (6) calendar months is at the discretion of Yhe Empioyer. 29.1.2 In the case of adoption, the empioyee shall submit to the Director of Human Resource of Independent School District No. 625 a written application including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or earlier if possible. Documentation will be required. 29.1.3 When an empfoyee is retuming from parental leave extending over a period of six (6) cafendar months or less, the employee shall be placed, at the begintting of the first pay period following the scheduled date of return, in the same position held prior to the leave or, 'rf necessary, in an equivalent position. 29.1.4 When an employee has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months, the employee will be placed in an equivalent position after the scheduled date of return as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no cert'rfied incumbent, which is to be fiiled, and for which no other person has rights. 292 Familv Medical Leave. Effective February 1, i994, leaves of absence shaf( be granfed as required under the federal faw known as the �amiiy and Medical Leave Act (FMLA) so tong as it remains in force. The Human Resource Department provides procedures which coordinate contractual provisions with FMLA. ARTICLE 30. REQUIRED TRAINWG 30.1 If the District requires and in writing directs an employee to attend spec'rfied training or educational classes outside the normal 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 comp(etion of the training unit, or series. Training taken at the empioyee's option will not qual'rfy for pay under this provision. • � r1 �J 16 09-1137 • ARTICLE 31. DURATION AND PLEDGE 31�1 This Agreement shall become effective as of May 1, 2009, and shall remain in effect through the 30th day of April, 2012, and continue in effect trom year to year thereafter unless notice to change or to terminate is given in the manner provided in 312. 31.2 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 siaty (60) cafendar days prior to the expiration date, provided that the Agreement may only he 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 peacefully resolved, the parties hereby pledge that during the term ofi the Agreement: 31.3.1 The Union and the employees will not engage in, instigate or condone any concerted action in which employees faii 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 pertormance of their duties of employment. 31.3.2 The Employer wiN not engage in, instigate or condone any lockout of employees. s • 31.3.3 This constitutes a tentative Agreement between the parties which wifl be recommended by the NegotiationslEmployee 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 full and complete understanding of the parties for the period of time herein specified by the signature of the following representatives for the Empfoyer and the Union. W ITN ESSES: INDEPENDENT SCHOOL DISTRIGT NO. 625 � � Chair, Boar of Education ��!��` , Executive Director Human Resour and it Manager ��r i Date Relations lNTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 110 ,�,��,�! - ,` Business nager esi ent �� ^ �� Date 17 APPENDIX A The classes of positions recognized as being exclusively represented by the Union are as follows: General Lead Elecirician Lead E{ectrician Master Elecfrician Electrician Apprentice Electrician Master Buiiding Controls Efectrician Building Controls Electrician and other ciasses of posdions that may be established by ihe Emptoyer where the scope of the work duties and responsibilities assigned comes within the jurisdic6on of the Union. APPENDIX B For all nortnaf workweeks established pursuant fo the provisions of Artic(e 8 of this contract, which incfudes Sunday, the foilowing provisiorts shall apply and govem: 1. All regular electricians employed prior to January 1, 1976, shall be offered assignment to the workweek on a seniority basis, and all such employees shall have the right to refuse assignment to the workweek. This refusal is subject to fhe provisions tisted below. 2. All regular electricians employed subsequent to January 1, 1976, may be assigned to vacancies in this workweek. 3. Atl regular electricians shall have the righY 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 positio� was last filied. 4. Any regular electrician may be assigned, on a temporary basis, to the workweek to reptace an electrician who is absent because oi vacation, iilness, paid military leave, jury duty or any other leave acceptable to both parties. These temporary assignments shall be made on the basis of seniority and in no instance shall 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. , 18 � C� L� 09-1137 • • �J APPENDIX C C1. The total hourly cost to the Employer for wages plus any and alI contributions or deductions in Appendix D of this Agreement shall not exceed the following amounts: Effective Effective Effective Effective 4/25i09 10t25/09 4/24/10 4l23/11 Electrician $57.40 $58.50 ' " Building Control Electrician 57.40 58.5� ' *' Lead Electrician 60.51 61.61 ' *' Master Electrician 60.51 61.61 * '* Master Buiiding Controls - 60.51 61.61 " '* Electrician Genera{ Lead Electrician 6i.82 62.92 * " C2. Taxable rate for emolovees covered bv PERA Pension Fund. The total taxable hourly rate including wages and the vacation contribution in Appendix D and exciuding all other benef'd costs and obiigations in Appendix D, for regular and probationary employees appointed to the following classes ot positions shall be as follows: Electrician Building Control Electrician Lead Electrician Master Electrician Master 8uilding Conirois - Electrician General Lead Electrician Effective 4/25/O9 $36.69 36.69 39.18 39.t8 39.18 40.23 Effective 4/24/10 . . , . . Effective 4/23/11 +r .. f. .. _,. ' Note: The April 24, 2070, hourly rates in Appendices C1, C2, C2A, C3 and C4 shall be determined at a later date based on the atlocation agreed to by the Employer and the Union of the April 24, 2010, totaf hourly cost determined for the second year wage re-opener. "" Note: The April 23, 2071, hourly rates in Appendices C7, C2, C2A, C3 and C4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the April 23, 2011, totaf hourly cost determined for the ihird year wage re-opener. 19 APPENDIX C (continued) C2A. Comaensation analvsis purposes onlv. These figures represent the portion of the Appendix C1 rates above specificalry allocated to wages. These rates do NOT include tauabfe contributions and therefore should NOT be used for taxable payrof( cafculations. See Appendices C2 and C3 for total taxab(e payroil information. Electrician Building Controi Electrician Lead Electrician Master Electrician Master Building Controis - Electrician General Lead Electrician Effective 4/25/09 $32.47 32.47 34.75 34.75 34.75 35.69 Effective 4/24/10 . . : . . Effective 4/23/11 .. � .: .. .< <. C3. Tauable rete for reqular emplovees hired on or after Mav 1. 2000 and for emplovees not covered bv PERA pension. The total taxable hourly rate including wages and the vacation contribution in Appendix D for regular and probationary employees appointed to the following classes of posifions shall be: Effective Effective Effective M25l09 4/2M10 4l23/11 Electrician $39.10 * *' Building Control Efectrician Lead Electrician Master Elecfrician Master Building Controls - Electrician General Lead Electrician 39.10 ` 41.75 ' 4i.75 ' 41.75 * 42.88 * .. � .. .. Note: In 2000, the pension laws were changed to exclude electricians hired by Saint Paul Pubiic Schools as of May 1, 2000, from PERA coverage. �NOte; The April 24, 2010, houdy rates in Appendices Ct, C2, C2A, C3 and C4 shall be detertnined at a later date basetl on ifie atiocation agreed to by ihe Employer and the Union of the April 24, 2010, total hourty cost detertnined for the semnd year wage re-opener. ��Note: The April 23, 2011, hourly rates in Appendices Ct, C2, G2A, C3 and C4 shall be dete[mined at a later date based on the allocation agreed W by the Employer and ttie Union of the Aprii 23, 2017, total hourly cost detertnined for the third year wage re-opener. • • r� � 20 09-1137 • � APPENDIX C (continued) C4. Taxabie rate for temporarv empbvees. The total taxable hourly rate including wages and the vacaiion coniribution in Appendix D for temporary empioyees appointed to the foffowing classes of positions shall be: Efectrician Building Control Electrician Lead Electrician Master Electrician Master Building Controls - Electrician General Lead Electrician Effective M25l09 $39.10 39.10 41.75 41.75 41.75 42.88 Effective Effective M2Gl10 4l23l11 • .. R 34 _ .. . .. . .. . ,3 If a temporary empioyee working in a title Iisted in this Appendix C3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires the Employer to make contributions to PERA, the calculated hourly base rate may change so the Empioyer's cost does not exceed the amounts listed in C1 above. General Lead Electriciarnln-Charqe Premium: For those employees assigned to pertorm the function of General 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 applicable rate shown for General Lead Electrician 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 AI1-Chapter NECA and iBEW Locaf 110 in the event the Employer initiates the employment of Apprentices. � " Note: The April 24, 2010, hourly rates in Appe�dices C2, C2A, C3 and C4 shall be determined at a later date 6asetl on the allocation agreed to by the Employer and the Union of the April 24, 2010, Wfal hourly cost determined for the second year wage re-opener. "Note: The April 23, 2011, houdy rates in Appentlices C1, C2, GZA, C3 and C4 shall be determined at a later date based on the allocation agreed to by the Employer and the Union of the April 23, 2011 total hourly cost determined for the Mird year wage re-opener. 21 APPENDfX C (continued) C6. Genera! Items If the Union elects to have the contributions listed in Appendix D increased or decreased, the Empioyer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does nof exceed the amounts shown in Appendix C, Secfion Ci. The total cost to the Employer tor compensation (wages and fringes) rece'rved by employees covered by this Agreement shall be equivalent in money to the total package paid by the Employer to employees in comparable classifications in the Agreement between Locai 110 and the National Electricai Contractors Association (NECA). In the event Local 110 and NECA amend their bargaining agreemenf to provide for eifher a wage or benefit freeze or reduction during the period of this Agreement, such freeze or reductiort shall be immediately applicabie to the tota! compensation paid to employees covered by this Agreement. The total package cost shali exclude any costs of payments made for industry promotion and/or advertisement or any oiher purposes not directly and clearly beneficial to the pubiic 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 empioyees 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 beiween 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 differential shall be 5% of the base rate, and shall be paid only for those night shifts actualiy worked. , APPENDIX D Effective April 25, 2009, the Empioyer shall forvvard 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: ('la) For regular employees, 13°k of the Appertdix C2A wages only rate per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund. (1h) For temporary employees, 13% of the Appendix C3 rafe per hour for ali hours worked from which afl appropriate payrofl deduciions have been made to a Union- desigrtated Vacation Fund, {2) $7.76 per hour for all hours worked to a Union-designated Health and Welfare Fund. (3} For all empioyees, $4.10 per hour for all hours worked to a Union-designated � Pension Fund. 22 04-1137 u APPENDIX D (continued) (4) (5} For aIi employees, $2.30 per hour for all hours worked to a Union-designated AnnuiN Fund. $2.49 pes hour for all 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 all appropriate payroll deductions have been made to a Union- designated National Electricai Benefit Fund (N.E.B.FI. (6b) For temporary employees, 3% of the Appendix C3 wages rate per hour for all hours worked from which all appropriate payroll deductions have been made io a Union- designated Nationai Electrical Benef'�t Fund (N.E.S.F), ��) � $.09 per hour for all hours worked to a Union-designated Labor Manaaement Cooperative Committee Fund. $.52 per hour for all hours worked to a Union-designated Aoorenticeship Fund. For all employees, the Employer shall make legally established non-negotiated pension contributions for a�l appropriate employees to PERA. Changes in the mandated PERA rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts iisted in Ci above. �J . For all employees, the Employer shall deduct the empfoyee's FICA withholdings as appropr+ate from totai taxable wages as required. The Employer shall deduct the employee's appropriate Federal and State income tax withholdings, PERA deductions, and any other Iegaliy established obligation as required from all rates established in Appendix C except for rates in C2A, which are not used for payroll purposes. All contributions made in accordance with this Appendix p shali be deducted from and are not in addition to the amounts shown in Appendix C1. The Appendix D amounts shall be fonvarded to depositories as directed by the Union and agreed to by the Employer. The Empfoyer shall establish Workers' Compensation and Unempioyment Compensation programs as required by Mi�nesota Statutes. Employees covered by this Agreement shall not be eligible for, governed by or accumulate vacation, sick leave, holiday, funeral leave, jury duty or insurance fringe benefits that are or may be established by Personnel Rules, Council Ordinance or Council Resolutions. The Employer's fringe benefit obligation to employees is limited to the contributions and/or deductions estabiished by this Agreement. The actual level of benefits provided to empioyees shall be the responsibility of the Trustees of the various funds to which the Employer has fiorwarded contributions and/or deductions. 23 APPENDIX E - REQUIRED TOOLS Pocket Tool Pouch and Belt 6' Rule 9" or 10" Aluminum Level 8" Side Cutters Crimping Tool 10° Crescent Wrench Combination of Box-Open-End Wrenches 3/8" - 3/4° Socket Set of Equivalent Sizes Cofd Chisef and Center Punch Taps 6/32 - 8/32 - 10/32 - 10/24 - 4/20 Drilis - In Accordance With Tap sizes 9/32 and 3/8 Tap Wrench File Rasp 12" 1/2 Round and Rat-Tail Hack Saw 12" blade Screwdrivers 4° - 8" - 12" Reg. Slot and 4" and 6" Phillips Flashlight Tester, 600 v. Solenoid Type Combination Square Knife Long-Nose Pliers Diagonal-Cutting Piiers 2 pair Channel Locks Allen Wrenches Hammer, Bali Peen Scratch Awt Fuse Puller 25' Steel Tape Measure Chalk-Line Plumb Bob and Line Wire Stripper for standard wire sizes Tool Box to hold the above tools The Employer shail furnish all other necessary tools or equipment. Employees will be responsible for tools or equipment issued to them, providing the Employer fumishes the necessary lockers, °gang boX' or other safe place for storage. The Employer shall be responsible for checking to see that employees possess the tools specified above in proper working order. Replacement claims will be honored only for acceptable tools checked by the Employer. The Emp(oyer shall reptace with similar toois of equal vatue and quality any of the above- Iisted toofs which are tumed in by a regularly appointed employee which are no tonger serviceabie because of wear or breakage. The Employer shall replace with similar tools of equai value and quality any of the above- listed tools which are tumed in by a temporary appointed employee which are no longer serviceable because of wear or breakage providing the empbyee has been employsd for nine (9) continuous monfhs or more. L � � � 24