09-331Council File # � �J�J' �
Green Sheet # 3068841
CITY OF
Presented by
RESOLUTION
NT PAUL, MINNESOTA
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1 RE50LVED, that the Council ofthe City of Saint Paul hereby approves and ratifies the attached
2 Employment Agreements between the Independent School District #625 and Tri-Council Loca149,
3 Local 12Q and L.oca1132 (July 1, 2008 — June 30, 2010); United Association of Steamfitters, Pipefitters
4 and Service Technicians, Local Union #455 (May 1, 2008 — Apri13Q 2011); United Association of
5 Plumbers, Loca134 (May 1, 2008 — April 30, 2011); and the Sheet Metal Workers International
6 Association, Loca110 (May 1, 2008 — Apri130, 2011).
Yeas Nays Absent g�uested y De �a e uman Resources
Bostrom �/ �9
Carta �
Aarris ,/ By. Angela lezny, Directo
Approved by the Office of Financial Services
Adoption Certified by Cound Secretary
By.
Appro . y M yo Date `t' /
By.
By.
Approved� i ttomey j �/
B �, G �'���
Approv� or Submissio u il �
BY n A
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� Green Sheet Green Sheet Green Sheet Green Sfieet Green Sheet Green Sheet �
/��/' �J�i �
DepartmerM(OfflcelCout�cif: Date Initlated:
HU -�ma� Resources p0-MAR-09 Green Sheet NO: 3068841
CoMad Person ffi Phone: DepartrneM SeM To Person InitiaVDate
JaSOnSChrllidY y 0 amaoResoarces 0
266-6503 1 umanRespurces D artmentDirector S�i _
Assign 2 ' Attoro 0 1�
Must Be on Council Agenda by (Oate): Number
Fof 3 a or's Office Ma or/ASSistant
Routing 4 onncil [�
Doa Type: RESOLUTION Order 5 � L7erk Ci Clerk
E-0ocumenf Required: Y
Document Contact: Sue Wegwerth
Contact Phone: 266-6513
Total # of Sig�ature Pages _(Clip NI Locations for Signature)
Action Requested:
Appmval of the attached ISD #625 Employment Agreemems (Tri-Council, Pipefiners, Ptumbers, and Sbeet Metai Workers)
Recommendations: Approve (A) or Reject (Rj: persona! Service CoMracts Must Answer the Fo9owing Questiom:
Plarming Commission 7. Has this petsoNfirm ever worked under a contrac[ for this departmeat?
CIB Committee Yes No
CivG Service Commissan 2. Has this person/firtn ever been a dty employee?
Yes No
3. Does this person�rm possess a ski�i not normalty possessed by any
current city employee?
Yes No
Explain all yes answers on sepamte sheet and aMach to green sheet
Ittitiating Problem, Issues, Opportunity (Who, What, When, Where, Why):
Employment agreements have aheady expired.
AAvarrtages N Approved:
None
Disadvantages If Approvad:
None
Disadvantages If Not Approved:
None
Total Amount of
rransaction: CostlRevenue BudgMetl:
Funding Source: Activity Number:
Financial infortnation:
(Explain�
March 20, 2009 9:56 AM Page 1
INDEPENDENf SCHOOL DISTRiCT NO. 625 �� �� )
BOARD OF EDUCATION
SAINT PAUL PUBL{C SCHOOLS
DATE: August 19, 2008
TOPIC: Approvai of Employment Agreement Between Independent School District
No. 625 and Tri-Council Local No. 49, Local No. 12Q, and Local No. 132,
exclusive representative for Drivers, Grounds and Labor Employees, and
Heavy Equipment Operators
A. PERTINENT FACTS:
1. New Agreement is for a two-year period from July 1, 2008, through June 30, 2010.
2. Contract changes are as follows:
Wa es: Effective July 5, 2008, increase wage schedule 2.5%. Effective July 4, 2009, increase
wage schedule 2.5%.
Insurance: Effective January 2009, the district monthly contribution of $480 for single coverage
is increased to $500; the district monthly contribution of $900 for family coverage is increased to
$975. Effective January 2010, the district contribution for single coverage is increased to $550;
family coverage is increased to $1,075.
S�u plemental Pension: Effective July 4, 2009, the District contribution to the Laborers National
Industrial Pension Plan will increase $.10 to $.70 tor all hours worked.
Deferred Compensation: Effective January 1, 2009, ihe DistricYs contribution to a deferred
compensation match will increase to a maximum of $1,000 per year for employees hired after
January 1, 1996. The three year eligibility, $60 match and $12,500 lifetime maximum
contribution are eliminated,
Severance: Effective Ju{y 1, 2008, increase severance maximum benefit from $17,500 to
$18,000.
Vacation: Effective July t, 2008, vacation accrual is increased based upon years of service.
Correction of Compensation Errors: New language added for the correction of compensation
errors up to a maximum retroactive period of two years.
3. The District has 18 regular FTE's in this bargaining unit.
4. This contract supports the DistricYs target area goal of aligning resource allocation to District
priorities.
5. This request is submitted by Wayne Arndt, Negotiations/Empioyee Relations 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 District No. 625 apprave and adopt the
Agreement conceming the terms and conditions of empfoyment for Tri-Council Local No. 49, Local
No. 120, and Local No. 132, exclusive representative for Drivers, Grounds and Labor Employees,
and Heavy Equipment Operators in this school district; duration of said Agreement is ior the period
of July 1, 2�08, through June 3�, 2�1�.
., ..
4
(1''1-�3)
2oos - Zo�o
COLLECTtVE BARGAINING AGREEMENT
between
�
fNDEPENDENT SCHOOL DISTRICT NO. 625
Saint Paul Public Schools
Fr.t�
THE TRI-CUUNGIL
LOCAL 49, LOCAL 120, AND LOCAL 132
July 1, 2008-through June 30, 2010
Saint Paul
Pua�ic ScHnn�s
�5 ..
int Paul
LiC $CH�ULS
SAINT PAUL PUBLIC SCHOOLS
Independent School District No. 625
Board of Education
Kazoua Kong-Thao
Elona Street-Stewart
Tom CoNon
Tom Goldstein
John Brodrick
Mne CarroA
Chair
Vice-Chair
Clerk
Treas�rer
Director
Director
Keith Hardy
2
Director
09���/
TABLE OF CONTENTS
ARTICLE TITLE
Article
Article
Article
Article
Articie
ARicle
Articie
Article
Articie
Article
Articie
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Articie
PAGE
Principles ................................................................................................................ 4
RecognRion ................................................................................................................ 5
Maintenance of Standards ........................................................................................6
UnionRights ..............................................................................................................6
Payroll Deduction ......................................................................................................6
Management ..................................................................................................7
Safety ......................................................................................................................... 7
Hours......................................................................................................................... 8
Sen io rity ..................................................................................................................... 9
Holidays ...................................................................................................................10
Vacatio ns .................................................................................................................11
Compensatory Leaves of Absence .........................................................................12
ParentaVMaternity Leave ........................................................................................14
Wages ......................................................................................................................15
insurance .................................................................................................................16
Laborer's Suppiemental Industrial Pension Plan .....................................................20
Severance ........................................................................................................21
Discipline Procedures ..............................................................................................22
Grievance Procedure ...............................................................................................23
Legal Services .........................................................................................................25
Strikes, Lockouts, Work lnterference ......................................................................25
Savings Clause ........................................................................................................25
J urisdiction ............................................................................................................... 25
Termsof Agreement ................................................................................................26
Appe�dix A ..............................................................................................................27
Appendix ..............................................................................................................29
1.
2.
3.
C!
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
ADDITIONAL INFORMATION
(Not a Part of Agreement)
Memorandum of Agreement Regarding Loss of Drivers License ...................._............................32
Statement of intent Regarding Temporary Employees ..................................................................34
Index.................................................................................................................................35
3
PRINCIPLES
This Agreement is entered into to facilitate the adjustment of grievances and disputes between
the Employer and employees fo provide, insofar as possible, for the continuous empfoyment of
labor and to establish necessary procedures for the amicable adjustment of all disputes which
may arise behveen the Employer and the Union.
The Employer and the Union encourage the highest possible degree of praCticat, friendiy,
cooperative relationships between their respective representatives at ali levels. The officials of
the Employer and the Union realize ihat this goal depends primarily on cooperative attitudes
between peop(e in their respective organizafions and at all tevels of responsibiiity, and ffiaf proper
attitudes must be based on full understanding of and regard for the respective r+ghts and
responsibilities of both the Employer and the employees.
There shall be no discrimination against any employee by reason of race, color, creed, sex or
Union membership,
The Empioyer and the Unian affirm their joint opposition to any discriminatory practices in
connection with employment, promotion or training, remembering that ihe public interest remains
in full utilization of employees' skill and ability without regard So co�sideration of race, color,
creed, nationat origin, age or sex.
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09'�3/
ARTICLE 1. RECOGNITION
1.1 The Employer recognizes
agency for aIi employees
No. 89-PR-2347, as follows.
the Union as the sole and exciusive coilective bargaining
who have been certified by the State of Minnesota, Case
AI1 employees in the cfassifications of:
Distribution Service Worker
Heavy Equipment Operator
Plaster Tender
School Grounds Crew Leader
School Labor Crew Leader
School Service Worker
Trades Laborer
Abolished iitles formerly recognized as exclusively represented by the Union:
*Asphalt Raker
'Asphalt Shoveier
"Building Laborer
`Driver Operator
Forestry Crew Leader
Garden Laborer
Gardener
Grounds Crew Leader
*Groundsworker
Jackhammer Operator
Labor Crew Leader
Mortar Mixer
Sno-Go Operator
Stores Laborer
Sweeper Operator
Tamper
'Tractar Operator I
Tractor Operator II
`Tree Trimmer i
"Tree Trimmer II
Tree Worker
Truck Driver
'Unskilled Laborer
who work more than fourteen (14) hours per week and more than sixty-seven (67)
workdays per year, excluding supervisory, confidential, temporary, and employees
exciusively represented by other iabor or employee organizations.
The parties agree that any new classifications which are a� expansion of the above
bargaining unit or which derive from the classifications set forth in this Agreement shall
be recognized as a part of this bargaining unit, and the parties shall take all steps
required under the Public Employment Labor Relations Act to accomplish said objective.
1.2 The Employer agrees not to enter into any contractually binding agreements with any
empioyee or representative not authorized to act on behalf of the Union. There shall be
no individuai agreements with any empioyees that confiict with the terms of this
Agreement, and any such agreement or contract shall be null and void.
ARTlCLE 2. MAINTENANCE OF STANDARDS
2.1 The parties agree that a!I conditions of employment relating to wages, hours of work,
overtime differentials, vacations, and all other general working conditions shall be
maintained af not less than the highest minimum standard as set forth in the Civil Service
Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of
Compensation ai the time of the signing of this Agreement, and the conditions of
employment shail be improved wherever specific provisions for improvement are made
elsewhere in this Agreement,
ARTICLE 3. UNION RIGHTS
3.1 The Union may designate employees from withi� the bargaining unit to act as Stewards
and shall inform the Empioyer in writing of such designations. Such employees shali
have the rights and responsibilities as designated in Article i8 (Grievance Procedure).
There shal! be no more than one steward from each local involved in any one specific
grievance.
3.2 There shall be no deduction of pay from stewards when directly involved in meetings with
management during working hours for grievance procedures.
3.3 Designated union represerttatives shal! be permiHed to visit employees on job sites and
at department buildings during working time.
ARTICLE 4. PAYROLL DEDUCTION
4.1 The Empioyer shait, �pon request of any employee in the unit, deduct such sum as the
Union may specify for the purposes of initiation fees a�d dues to the Union, providing the
Union uses its best efforts to assess such deductions in as neariy unifortn and standard
amounts as is possible. The Empioyer shall remit monthly such deductions to the
appropriate designated Union.
42 In accordance with M.S.A. 179.06, Subd. 3; the Empioyer agrees that upon
notification by the Union, the Empioyer shall deduct a fair share fee irom all certified
employees who are not members of the exclusive representative. The fair share fee
must be equal to the regular membership dues as exclusive representative, Iess the
cost of benefits financed through the dues and availabie only to members of the
exclusive representative. In no event may the fair share fee exceed 85°,6 of the
regular membership dues.
4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims
made and againsi any suits instituied against Yhe Employer, its officers or employees, by
reason of negligence of the Union in req�esting or receiving deductions under ihis Articie.
The Empioyer wiil indemnify, defend, and hold the Union harmless against any claims
made and against any suits +nstituted against the Union, its officers or employees by
reason of negligence on the part of the Employer in making or forwarding deductions
under fhis Article.
D�-�� �
ARTfCLE 5. MANAGEMENT RIGHTS
5.1 The Union recognizes ihe right of the Employer to operate and manage its affairs in ail
respects in accordance with applicabte laws and regulations of appropriate authorities.
The Employer retains the rights and authority, which the Employer has not officially
a6ridged, delegafed or modified by this Agreement.
52 A pubiic empioyer 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 seiection and direction and number of
personnei.
ARTICLE 6. SAFETY
6.1 Accident and injury-free operations shaii be the goal of the Employer and aii employees.
To this end, the Employer and empioyee wiH, to the best of their ability, abide by and live
up to the requirements of the several State and Federal Construction Safety Codes a�d
Regulations.
62 To this end, the Empioyer shall from time to time issue rules or notices to his 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.
6.3 Such safety equipment as required by governmental regulation shalt 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 shali have the right to withhold the cost of such safety
equipment if not returned.
6.4 The Employer agrees to pay $200 over the term of this agreement toward the purchase
or repair of safety shoes purchased by an empioyee who is a member ot this unit.
Preauthorization is required prior to the purchase of safety shoes. Empfoyees 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 employees who are
required to wear protective shoes or boots by the Employer.
ARTfCLE 7. HOURS
7.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30)-
minute Iunch period.
The normai work week shaii be five {5) consecutive �ormal workdays in any seven (7)-
day period. (For emptoyees on a shift basis this shall be construed to mean an average
of forty [40] hours a week.)
72 Except in cases of emergencies, the Emp(oyer shall not"rfy the affected Union of an
intention fo change a shift at least twenty-four (24) hours prior to the beginning of the new
shift.
7.3 Employees shali report to work location as assigned by a designated Empioyer
supervisor. During the normal workday, employees may be assigned to other work
- locafions at the discretion of fhe Empioyer.
7.4 Call-In Pav. Whe� an employee is called to work, he/she shall receive two (2) hours of
pay if not put to work. If he/she is called to work and commences work, he/she shali be
guaranteed four (4) straight-time hours of pay.
7.5 Overtime. Time on the payroll in excess of the normai hours set forth above shaN be
"overtime work" and shafl be done only by order of the head of the depariment. An
employee shall be recompensed for work done in excess of the normal hours by being
granted compensatory time on a time-and-one-half basis or by being paid on a time-and-
one-haff basis for such overtime work. The basis on which such overtime shali be paid
shall be determined solely by the Empioyer. The time-and-one-half overtime rate shait be
based on the total rate, including any premium pay, being earned durirtg the overtime
hours worked.
7.6 The work break shaU nof exceed fifteen (15} minufes from fhe time the empioyee stops
working untii he/she resumes work, and shail be taken in ctose proximity of the
employee's workstation.
7.6.1 An employee shall be aliowed one fifteen (15) minute rest break during each
four (4)-hour period worked during the employee's normal workday. Any
employee required to remain af work following the completion of an eight
(8)-hour workday shall be allowed a fifteen (15) mi�ute break at approximaiely
two t2) hours after the end of his/her normal workday, and after the completion
of every four (4) hours ot work thereafter.
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ARTICLE 8. SENfORITY
8.1 Senioriry, for the purpose of this Agreement, shali be defined as foiiows:
8.i.1 DistricUCitv Senioritv. The length of continuous regular and probationary
service with the Employer from the last date of employment in any and ail class
titles.
8.1.2 Ciass Senioritv. The Iength of continuous regular and probationary service
with the Employer from the date an employee was first certified and appointed
to a class title covered by this Agreement, it being further understood that class
seniority is confined to the current ciass assignment heid by an empioyee.
8.2 Seniority shall terminate when an employee retires, resigns or is discharged.
8.2.1 In the event the Employer determines that ii is necessary to reduce the
workforce, empioyees wilf be laid off by ciass titie within each division based on
inverse length of "Class Senioriry." Recafl from layoff shall be in inverse order
of layoff, except that recall rights shall expire after two {2) years of layoff.
8.2.2 In cases where there are promotional series such as Unskilled Laborer, Crew
Leader, etc., when the number of employees in these higher titles is to be
reduced, empfoyees who have held lower titles which are in this bargaining unit
will be offered reductions to the highest of these titles to which class se�iority
would keep them from being laid off, before layoffs are made by any class title
in any department.
8.2.3 It is further understood that a laid-off empioyee shail have the right to
placement in any lower-paid class title in this bargaining unit, provided said
employee has been previousiy certified and appointed in said lower-paid class
titie. in such cases, the employee shafl first be placed on a reinstateme�t
register and shail have "Class Seniority' based on the date originaily certified
and appointed to said class. Employees may also apply for positions in a lower
class 6ut may, nevertheless, return to original class as provided in 82,2 above.
8.2.4 When the new title, School Service Worker is established, incumbents who
become certified in the new title shall also retain the seniority acquired in the
old title the empioyer held in this unit, and can exercise that seniority in a layoff
or reduction situation.
8.2.5 If a Schoo{ Service Worker is laid off, hefshe may fill a temporary position in the
title Trades Laborer or replace an existing temporary employee serving in that
title.
8.3 To the e�ent possibie, vacation periods shall be assigned on the basis of "Class
Seniority," within each class, by division. It is, however, understood that vacation
assignments shafl be subject to the ability of the Employer to maintain operations.
S.4 Promotions shalf be handled in accordance with current Civil Service Rules and
practices.
0
ARTICLE 9. HOLlDAYS
9.i Holidavs Recoqnized and Observed. The foliowing nine (9) days shali be designated as
holidays:
New Yea�'s Day
Martin Luther Ki�g Jr. Day
Presidents' Day
MemorialDay
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving
Christmas Day
Eligible employees shall receive pay for each of the holidays listed above, on which they
perform no work. Whenever any of the listed holidays shail fali on Saturday, the
preceding Friday shall be observed as the holiday. Whenever any of the listed holidays
fal(s on Sunday, the fofiowing Monday shall be observed as the holiday.
92 Eliaibilitv Repuirements. To be eligible for holiday pay, employees must have been
compensated for al! scheduled hours oi their last scheduled workday before the holiday
or for work on the holiday.
9.3 if an empioyee entitied to a hofiday is required to work on a holiday, the empioyee shall
be compensated for work done on this day by being granted compensatory time on a
time and one-hait basis or by being paid on a time and one-half basis for such hours
worked, in addition to the regular holiday pay.
9.4 (f, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, empioyees may be schedufed or "calfed bacK' in accordance with Articie 7.4
(Cail-In Pay).
10
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ARTICLE 10. VACATIONS
'10.1 Vacation credits shali accumulate at the rates shown beiow for each fufi hour on the
payroll, excluding overtime.
Years of Service
First year through 4 year
After the 4th year through 9 year
After 9 years through 15 year
After 15 years through 23 year
After 24 years and thereafter
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102
10.3
Hours of Vacation
Earned Per Hour on
Pavroll
.�577
.0769
.0846
.1000
.1154
Annual
Hours
Earned
120
1 fi0
176
208
240
Annual
Days
Earned
15
20
22
26
30
Cafculations are based on a 2,080-hour work year and shall be rounded oH to the nearest
hour.
Years of service wili be defined to mean the number of years since the date of
appointment.
An employee may carry over one hundred siuty (160) hours of vacation into the following
"vacation year:'
For the purpose of this Articie, the `vacation yea�" shall be the calendar year.
Scheduling of vacation is subject to approval of the employee's supervisor.
10.4 Sick Leave Conversion. If an employee has an accumulation of sick leave credits in
excess of 1,440 hours, the employee may convert any part of such excess at the rate of
two (2) hours of sick leave for one (1) hour of vacation up to a maximum of five (5)
regular(y-assigned workdays of vacation (not to exceed a total of forty [40) hours in any
year).
10.5 The maximum number of vacation days allowed by the co�version of sick leave credits
shall be no more than five (� days in any o�e (1) year so that the maximum vacation
time which may be taken in any one (1) year shall be forty (40) days including the regular
vacation period, and time carried over.
11
ART(CLE i1. COMPENSATORY LEAVES OF ABSENCE
y i.y Sick Leave. Sick leave shall accumulate at the rafe of .0576 of a working hour for each
fuil hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be
eligible for sick leave, the employee must report to his/her supervisor no later thari one-
hour past his/her regular scheduled starting time. The granting of sick leave shall be
subject to the terms and provisions of this Agreement. A°day for this purpose shall be
equivalenf to the regularly assigned work day of the employee and such leave shall be
deducted from accumulated sick leave. My employee who has accumulated sick leave
as provided above shall be granted leave with pay, for such period of time as the head of
the department deems necessary for the following specified allowable uses:
i 1.1,1 Personal tllness: Employees may use accumulated sick leave for hours off due
to personal illness. The employee may be required to fumish a me�cal
certificaie from a qualified physician as evidence of iliness or physical 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, dentisf, optometrist, etc.
11.12 Familv Iliness: Employees may use accumulated sick leave for hours off due to
sudden sickness or disability of a parent or a member of his/her household or to
make arrangements for the care of such sick or disatrled persons up to a
maximum of eight hours sick leave per incident. Up to one hundred tweniy (120)
hours of accumuiated sick leave may be used in a work year to allow the
employee to care for and attend to the serious or critical iilness of his/her spouse,
parent, or member of household. These hours when used are deducted from
sick leave.
1 i.1.3 Sick Child Care Leave. Sick leave to care for a sick child shall be granted on the
same terms as the emptoyee is able to use sick leave for the employee's own
illness. This leave shall only be granted pursuant to Minn. StaY. §181.9413 and
shali remain available as provided in Statute.
11.1.4 Bereavement Leave. A leave of absence with pay, not to exceed tive (5) days,
shall be granted because of the deafh of an empioyee's spouse, child or step
child, parent or step-parent, and regular members of the immediate household.
Up to three (3) days shali be granted because of death of other members of the
employee's immediate fami(y. Other members of the immediate family shail
mean sister or step sister, brother or step brother, grandparent, grandchild,
parent-in-law, son-in-law or daughter-in-law. Leave of absence for one (1) day
shall be granted because of death of other close relafives. Other ciose relatives
shaii mean uncle, aunt, nephew, niece, brother-in-law and sister-in-law.
1L1.5 Travel F�ctension: If an employee is required to travel beyond a two-hundred
(200)-mile radius of Saint Paul for purposes related to eligible bereavement
leave, hvo (2) additional days of sick leave may be used. Employee, if requested
shati provide the Human Resource Department verification of the funerai location
outside of Saint Paui.
12
p����)
ARTICLE 11. GOMPENSATORY LEAVES OF ABSENCE (continued)
11.1.6 Adoption �eave and Father with Newborn Ghild. Up to thirty (30J days of
accumulated sick leave may be used in a contract year to attend to adoption
procedures or care for a newly-adopted chiid or for a father with a newbom child.
Use of thsse thirty (30) days does not need to occur consecutively. The thirty
(3�) days of sick leave for fathers of newborns must be used within six (6) weeks
surrounding the birth of the chifd. For adoption the thirty (30) days of sick leave
may be used tor adoption processes or up to six (6) weeks following the
adoption. Upon completion of the adoption process additional sick leave may 6e
allowed for the care of a sick child as required by Minnesota Statue 181.9413.
11.2 Court Dutv Leave.
112.1 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 �ot the result of
litigation undertaken by the employee or the union against the District. In cases
where the Board is a party in the litigation, the employee shall be entitled to pay
while attending as a witness at the request of the Board or as a co-defendant in
the case.
112.2 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 employee
paying to the Board any fees received, minus travel ailowance, for such jury
service. The employee may seek to be excused from jury duty.
11.3 Militarv Leave. Any employee who shall be a member of the Nationai Guard, the Naval
Miiftia or any other component of the militia of the staie, now or hereafter organized or
constituted under state or federal law, or who shall be a member of the Officers Reserve
Corps, the Enfisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any
other reserve component of the military or navai force of the United States, now or
hereafter organized or constituted under federal law, shall be entit{ed to leave of absence
from employment without ioss of pay, seniority status, efficiency rating, vacatio�, sick
feave or other benefits for all the time when such employee is engaged with such
organization or component in fraining 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 totaf of fifteen (15) days in any calendar year and, further, provided
that such leave shail be aliowed only in case the required military or naval service is
satisfactorily performed, which shall be presumed unless the contrary is estabiished.
Such leave shall not be allowed unless the employee: (1) returns to hislher 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 prevented from so returning by
physical or mental disability or other cause not due to such employee's own fault, or {3) is
required by proper authority to continue in such military or naval service beyond the time
herein limiied for such leave.
11.4 Eliqibilitv for Sick Leave. To be eligible for sick leave, the employee must meet the
specified uses in 11.1 and report the need for time off to hislher supervisor no fater than
one-half hour past hisfier regular scheduled starting time.
13
ARTICLE 11. COMPENSATORY LEAVES OF ABSENCE (continued)
11.5 The granting of sick leave is subject to additional provisions as provided in Civil Service
Rules.
11.6 Absence Whi(e on Sick Leave With Pav. During any period in which an employee is
absent from work on sick leave with pay, the employee shall not be employed or engaged
in any occupation for compensation outside of his/her regular employment with
Independent Schoo! District No. 625. Violation of the provision of this pazagraph by any
employee shalf be grounds for suspensio� or discharge.
11.7 Sick leave without pay may be granted in accordance with the provisions of Section 20H
of the Civil Service Rules for a period up to but not to exceed three (3) years
ARTICLE i2. PARENTAL/MATERNfTY/FMLA LEAVE
12.1 Parental/Maternitv Leave
12.1.1 Parentai leave is a leave without pay or bertefits 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 parentaf care for a chifd or
children of the empfoyee for an extended period of time immediately following
adoption or the conclusion of pregnancy; such period of leave shall be no
lo�ger than one calendar year in length. Leave up to six (6) calendar months
shall be granted upon request. Leave for more than six (6) calendar months is
at the discretion of the Employer.
12.1.2 In the case of pregnancy, an employee who wishes to use a period of (paid)
earned sick leave at the time of pregnancy and detivery-reiated disability, may
request unpaid parental leave for a period following the use of eamed sick
leave; however, sick leave time shall not be granted within (during the course
of) a period of unpaid parental leave. The employee requesting such
sequential feave shall submit an application in writing to the Director of Human
Resouroes of Independent Schooi District No. 625 not later than tweive (12)
weeks in advance of the anticipated date of delivery. The employee will be
required to submit, at the time of use, appropriate medical verification for the
sick leave fime claimed.
12.7.3 In the case of adoption, the employee shall submit to the Director of Human
Resources of Independent Schoo! District No. 625 a written application
including the anticipated date of piacement of the chiid, at least twelve {72)
weeks in advance of the anticipated date of placement, or eariier 'rf possible.
Documentation will be required.
12.1.4 When an employee is returning from parental ieave extending over a period of
six (6) calendar months or less, the employee shall be piaced, at the beginning
oi the first pay period following the scheduled date of return, in the same
position held prior to the leave or, if necessary, in an equivafent position.
14
a°f'�3 r
ARTfCLE 12. PARENTALlMATERNiTYlFMLA LEAVE (continued)
12.t5 lNhen an employee has requested and been granted leave for a period longer
than six (6) calendar months, but no more than tweive (12) caiendar months,
the employee wilf be placed in an equivaient position after the scheduled date
of return as soon as an equivalent vacancy 6ecomes available. For purpases
of this provision, an equivalent vacancy is a position in the same titie which
exists, has no certified incumbent, which is to be filled, and tor which no other
person has rights.
122 Fami(v Medical l.eave. Effective February 1, 1994, leaves of absence shall 6e gra�ted as
required under ihe federai 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.
ARTIGLE 13. WAGES
13.1 The basic houriy wage rates as established by Appendix A shall be paid for all hours
worked by provisiona(, regular, and prohationary employees.
13.2 The basic hourly wage rates as established by Appendix B shall be paid for all hours
worked by temporary employees.
13.3 When an employee who is certified to more than one title in this unit is working in a
higher paid title and is using sick leave, vacation time, or a holiday, hislher eligibility for
pay at the higher rate sha{I be determined by applying the holiday pay eligibility
requireme�ts, as specified in Article 9, Section 9.2. If those requirements are not met,
the sick leave, vacation, or holiday pay shall be at the fower rate.
13.4 Correction of Comoensation Errors. Empioyees shouid routinely review their bi-weekly
pay check and immediately document any errors or inquiries by contacting the DistricYs
payroll department. Failure ta notify the payroll department in a timefy manner, or failure
to routinely review the accuracy of his/her bi-weekiy compensation may resuit in lost
compensation.
13.4.1 District Authoritv. When underpayment errors are identified, the District will
review the nature of the error and shall reimburse the employee in full up to a
maximum retroactive period of two years. i� the case of an overpayme�t, the
District has the authority to deduct from the employee's check up to the fuli
amount owed for a maximum retroactive period of two-years.
13.4.2 Procedure for Addressina Siqnificant Overoavment Errors. In the case of a
significant overpayment, deductions from bi-weekly compensation shall be based
on a repayment schedule estabiished 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 employee took reasonable
preventative action by ro�tineiy reviewing the accuracy of hislher biweekly
compensatio�.
15
ARTICLE 14. WSURANCE
SECTION 7. ACTIVE EMPLOYEE HEALTH INSURANCE
1.1 The insurance p(ans, premiums for coverages and benefits contained in the insurance
plans offered by the Employer shall be solely controlled by the contracts negotiated by
the Employer and the benefit providers. The Employer wili a8empt to prevent any
changes in ffie benefits offered by the benefit providers. However, the employees
selecting the offered plarts agree to accept any changes in the benefits which a specific
provider implements. IRS rules and regulations shall govern the Employer provided
healih and welfare benefit program.
1.2 Eliaibiiitv WaiUnq Period_ One (1) full month of continuous regularfy appointed service in
tndependent School District No. 625 wiil be required before an eligibie employee can
receive the District contribution Yo 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
appeari�g on the payro(( af feast thirty-iwo {32} hours per week or at least sixty-four (64)
hours per pay period, excluding overtime hours.
1.4 Half-Time Status. For fhe purpose of this Articie, half-time empioyment 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 s'ucty-four (64) hours per pay period,
excluding overtime hours. An employee wiil be considered haif time only if such
employee is assigned to a position which is regularly assigned half-time hours.
1.5 Emplover Contribution Amount--Full-Time Emplovees. Effective July 1, 2008, for each
eligible employee covered by this Agreement who is empioyed full time and who selects
employee insurance coverage, the Empfoyer agrees to contribute tfie cost of such
coverage or $480 per month, whichever is less. For each eligible fuli-time employee who
selects family coverage, the Employer will contribute the cast of such family coverage or
$900 per month, whichever is less.
1.5.1 Effective January 1, 2009, for each eligible employee covered by this
Agreement who is �empfoyed fiutl time and who selects employee insurance
coverage, the Employer agrees to contribute the cost of such coverage or $500
per month, whichever is less. For each eligible fuil-time empfoyee who setects
famiiy coverage, the Emptoyer will contribute the cost of such family croverage
or $975 per month, whichever is less.
1.5.2 Effective January 1, 2010, for each eligible employee crovered by this
Agreement who is employed full time and who selects employee insurance
coverage, fhe Employer agrees to contribute the cosf of such coverage or $550
per month, whichever is less. For each eligible full-time employee who selects
family coverage, the Employer will contribute the cost of such famity coverage
or $1,075 per month, whichever is less.
16
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ARTICLE 14. iNSURANCE, Section i. (continued)
1.6 Dental Insurance. Eifective January 1, 2006, the Employer will contribute for each
eligible employee covered by this Agreement who is empioyed full-time toward
participation in a dentai care pian offered by the Employer up to $40 per month for single
coverage. Emp(oyees who wish to enroll in family dental coverage may pay the
difiference between the cost of family coverage and the District contribution ofi $40.
1.7 Empfover Contribution Amount--Half-Time EmploYees. For each eligible employee
covered by this Agreement who is employed half time, the Employer agrees 10 contribute
fifty percent (50%) of the amount contributed for full-time employees selecting employee
coverage; or for each half-time employee who sefects family insurance coverage, the
Empioyer will contribute fifty perceM (50%) of the amount contributed for full-time
employees selecti�g family coverage in the same insurance plan.
1:$ Regular employees actively enrolled in the medical a�d/or life insurance plans who
routinely become laid off during the winter months shall receive up to four (4) months of
District contribution towards the medicai and !or life insura�ce premiums during the lay-
off period.
1.9 Life Insurance. For each eligible employee, the Employer shall provide $50,000 life
insurance coverage. This amount shall drop to $5,0�0 of coverage i� the event of early
retirement until the eligibie retiree reaches age 65; then ali Empioyer coverage shall
terminate.
1.10 Lonq-Term Disabilitv Insurance. Effective January 1, 2003, the Employer shall provide
long-term disability coverage for all regular status employees.
1.11 Flexibie Spendinq Account. It is the intent of the Employer to maintain during the term of
this Agreement a plan for medical and child care expense accou�ts to be available to
employees in this bargaining unit who are eligible for Empioyer-paid premium contribution
for health insurance for such expenses, within the established legal regulations and IRS
requirements for such accounts,
1,12 The contributions indicated in this ARicle 14 shall be paid to the Employer's group health
and welfare pian.
i.13 Any cost of any premium for any Employer-offered employee or family insurance
coverage in excess of the doilar amounts stated in this Articie 14 shaH be paid by the
employee through payroll deduction. Employees on winter layoff who are receiving
District contributions described in 1.7 above shalf pay any excess premium costs directiy
to the designated third party administrator for the District. Faifure to make such timely
payments wili result in Ioss of caverage retroactive to the last date of premium paid by the
empioyee. Reinstatement of coverage will not be permitted during the period of layoff.
17
ARTICLE 14. INSURANCE (continuedj
SECTION 2. RET(REMENT BENEFITS
Subd. 1. Benefit Efigibility For Employees Who Retire Before Age 65
1.1 Employees hired into District service before January 1, ]996, must have completed the
fioliowing service eligibility requirements with Independent School District No. 625 prior to
retirement in order to be eligible for any payment of any insurance premium contribution
by the District after retirement:
A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement
Association or other pubiic employee reUree program at the time of retirement and
have severed the emp�oyment relationship with Independent School District 625;
B. Must be at least fifty-five (55) years of age and have completed twenty-five (25)
years of service, or,
C. The combination of tfieir age and tfieir years of service must equaf eighiy-five (85j
or more, or;
D. Must have completed at least thirty (30) years of service, or;
E. Must have completed at least twenty (20) consecutive years of service within
Independent Schooi district No. 625 immediately preceding retirement.
Years of regular service with the City of Saint Paul will continue to be counied
toward meeting the service requirement of this Subdivision 1.1 B, C or D, but not
for 1.1 E.
1.2 Employees hired into District service after January 1, 1996, musf 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 twenty (20}-year requirement.
1.3 Eliaibilitv Requirements For Al1�Retirees
A. A retiree may not carry his/her spouse as a dependent ii such spouse is also an
Independent School District No. 625 retiree or independent Schooi District No. 625
employee and eligibfe for and is enrolled in the Independent School District No.
625 heaith insurance program, or in any other Employer-paid health insurance
program.
B. Additional dependents beyond those designated to the District at the time of
retirement may not be added at District expense after retirement.
C, The employee must make application through District procedures prior to the date
of retirement in order to be eligible for any benefits provided in this SecYion.
D. Employees terminated for cause will not be eligible for employer contributions
toward insurance premiums for either pre-age 65 or post-age 65 coverage.
i8
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ARTICLE 14. WSURANCE, Section 2. (continued)
Subd. 2. Emolover Contribution Levels For Emplovees Retirinq Befare Aae 65
2.1 Heaith fnsurance Emplover Contribution
Employees who meet the requirements in Subd. 1.1 or S�bd. 12 of this Article wifl
receive a District contribution toward health insurance until the employee reaches sixty-
five (65) years of age as defined in this subdivision.
2.1.1 The District contribution toward health insurance premiums will equal the same
dollar amount the District contributed for single or family coverage to the carrier
in the empioyee's iast month of active empioyment.
2.1.2 !n the event the District changes health insurance carriers, it will have no impact
on the District co�tribution for such coverage.
2.1.3 Any employee who is receiving famify coverage premium contribution at date of
retirement and later changes to single coverage wifl receive the dollar
contribution to singie coverage that was provided in the co�tract under which the
retirement became effective.
22 Life Insurance Emplover Contribution
The District will provide for early retirees who qualify under the conditions of 1.1 or 1.2
above, premium contributions for eligible retirees for $5,000 of life insurance only until
their 65th birthday. No life insurance will be provided, or premium contributions paid, for
any retiree age si�y-five (65) or over.
Subd. 3. Benefit Eligibilitv For Em�lovees After Age 65
3.1 Empiovees hired into the District before Januarv 1, 1996, who retired before age 65 and
are receiving benefits per Subd. 2 above are eligible, upon reaching age 65, for employer
premium contributions for health insurance described in Subd, 4 of this Article.
3.2 Empiovees hired into the District before Januarv 1. 1996, who retire at age 65 or older
must have comp{eted the eligibi{ity requirements in Subd. 1 above or the fo{lowing
eligibility requirements to receive District contributions toward post-age-65 health
insurance premiums:
A. Employees hired before May 1, 1992, must have completed at least ten (10) years
of continuous employment with the District. For such employees or earfy retirees
who have no1 completed at feast ten (10) years of service with the District at the
time of their retirement, the Empioyer will discontinue providing any health
insurance contributions upon their retirement or, in the case of early retirees, upon
their reaching age 65.
Employees hired on or after May 1, 1992 and prior to January 1, 1996, must have
completed iwenty (20) years of continuous empioymeni with the District. For such
employees or early retirees who have not completed at Ieast twenty (20} years of
service with the 4istrict at the time of their retirement, the Employer will discontinue
providing any health insurance contributions upon their retirement or, in the case of
early retirees, upon their reaching age 65.
Years of certified civil service time with the City of Saint Paul earned prior to
May 1, 1996, will continue to be counted toward meeting the DistricYS service
requirement of this Subd. 3. Civii service time worked wfth City of Saint Paul after
January 1, 1996, will be considered a break in District employment.
19
ARTICLE 14. INSURANCE, Section 2. (continued)
3.3 Em�Iovees hired on or after Januarv 1. 1996, shali not have or acquire in any way any
eligibility for Employer-paid health insurance premium contribution for coverage in
retirement at age sixiy-five (65) and over in Subd. 4. Employees hired on or after May 1,
1996, shall be eligible for only early retirement insurance premium contributions as
provided in Subd. 2 and Deferred Compensa6on match in Subd. 5.
Subd. 4 Emalover Contribution Leveis For Retirees After Aqe 65
4.1 Employees hired into the District before January 1, 1996 and who meet the eligibility
requirements in Subdivisions 3.1 or 32 of this Article are eligible for premium
contributions for a Medicare Suppiement health coverage policy selected by the District.
Premium contribuiions for such policy will not exceed:
Coveraqe Twe Sinale
Medicare Eligible $300 per mont(�
Non-Medicare Eligitrle $400 per month
Family
$400 per month
$500 per month
At no time shall any payment in any amo�nt be made directly to the retiree.
Any premium cost in excess of the maximum contributions specified must be paid directly
and in full by the retiree, or coverage wili be discontinued.
Subd. 5. Empiovees hired after Januarv 1. 1996, after completion of three (3} fulf years of
consecutive active service in Independent Schooi District No. 625, are eligible to participate in an
employer matched Minnesota Deferred Compensation Plan or District-approved 403(b) plan.
Upon reaching eiigibility, the District wiii match up to $50 per paycheck up to a maximum of $500
per year of consecutive active service, up to a cumulative lifetime ma3cimum of $12,500. Part-
time employees working half-time or more will be eligible for up to one half (50 percent) of the
available District match. Approved non-compensatory leave shall not be counted in reaching ihe
three (3) full years of consecutive active service, and shall not be considered a break in service.
Time worked in the City of Saint Paul will not be counted toward this three (3)-year requirement.
5.1 Effective January 1, 2009, employees hired after January 1, 1996, are eligible to
participate in an empioyer matched Minnesota Deferred Compensation Plan or District
approved 403(b) pian. The District will match up to $1,000 per year of consecutive active
service. Part-time employees working half-time or more will be eligible for up to one hait
(50%) of the available District match.
Federal and state rules goveming participation in the Minnesota Deferred Compensation Plan or
District-approved 403(b) shail apply. The empioyee, not the District, is solely responsible for
determining his/her total ma�cimum a!lowable annual contributiort amount under IRS regulations.
The employee must inftiate an application to participate through the District's spec"rfied
procedures.
ARTICLE 15. LABORER'S NATIONAL INDUSTRIAL PENSION PLAN
16.1 The Empioyer wili pay $.60 per hour for alt hours on the payroit to the Laborer's National
Industrial Pension Fund.
16.1.1 Effective July 4, 2009, the Employer will pay $.70 per hour for all hours on the
payroi( to the LaborePS National Industrial Pension Fund.
20
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ARTICLE 16. SEVERANCE PAY
16.1 The Empioyer shafi 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 OHice Rules.
16.2 To be eligible for the 403(b) tax-deferred retirement program for sheitering severance pay
and vacation pay, an employee must meet the foliowing requirements:
16.2.1 The employee must be fifty-five (55) years of age or ofder or must be eligible
for pension under the `Rule of 90° provisions of the Public Employses
Retirement Association (PERA). The "Rule of 85" or the `Rule of 9�" criteria
shaii aiso appiy to empioyees covered by a public pension pfan other than
PERA.
16.22 The employee must be voluntarily separated from School District employment
or have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency,
incompetence or any other disciplinary reason are not eligible for this
severance pay program.
16.3 If an employee notifies the Human Resource Department three (3) months in advance of
the date of retirement and requests severance pay and ff the employee meets the
eligibility requirements set forth in 16.2 above, he or she w+ll receive a District contribution
to the School District No. 625 403(b) Taac-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.
16.3.1 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 empioyee meets the eligibility requirement set forth above, he or she wiii
receive a District contribution to the School District No. 625 403(b) Tax-
Deferred Retirement Plan for Sheltering Severa�ce Pay and Vacation Pay in
an amount equal to $65 pay tor each day of accrued, unused sick leave �p to
231 days.
16.3.2 If exigent circumstances exist, such as a sudden illnessTnjury of the employee
or immediate famil�. member necessitating immediate retirement, and if the
employee meets the eligibility requirements set forth above, he or she wiii
receive a District contribution to the School District No. 625 403(b) Tax-
Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in
an amount equal to $100 pay for each day of accrued, unused sick ieave up to
180 days.
16.4 The maximum amount of money that any employee may obtain through this A03(b) Tax-
Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay is $18,00�.
16.5 For the purpose of this 403(b) Tau-Deferred Retireme�t Plan for Sheltering Severance
Pay and Vacation Pay, a death of an employee shall be considered as separation of
employmerrt and, if the emptoyee would have met all of the requirements set forth above
at the time of his or her death, contri6utions to the 403(b) Tax-Deferred Retirement Plan
tor Sheltering Severance Pay and Vacation Pay shali be made to the empioyee's estate.
16.6 For the purpose of this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance
Pay and Vacation Pay, a transfer from Independent Schooi District No. 625 employment
to City of Saint Paul employment is not considered a separation ot employment, and such
transferee shail not tre eligible for this plan.
21
ARTICLE 17. DISCIPLINE PROCEDURES
17.t The Employer will discipiine empioyees for just cause only. Discipline will be in the form
of;
a) Oral reprimand;
b) Written reprimand;
c) Suspension;
d) Reduction;
e) Discfiarge.
172 Suspensions, reductions, and discharges will be in written form.
17.3 A notice in writing of suspensions, reductions, and discharges shail be sent to the
employee and the Union within seventy-two (72) hours after such action is taken.
17.4 Preliminarv Review. Prior to issuing a disciptinary action of unpaid suspension,
demotion, or discharge, the supervisor will make a recommendation to hislher supervisor
regarding proposed disc+pline. That supervisor shall then provide written notice of the
charges to the employee and offer to meet wiih the employee prior to making a final
determination of the proposed discipline. The employee shail have the opportunity to
have union represeniation present and be provided the opportunity to speak on hislher
behalf regarding the proposed action. If the employee is unable to meet with the
supervisor, the employee and/or union will be given the opportuniry to respond in wri6ng.
17.5 Grievances relating to this Article may be processed in accordance with the grievance
procedure under Article 18, or under Civil Service grievance procedures, but not both.
Oral reprimands shall not be grievable.
17.6. Employees who are unable to report for their normai workday have the responsibility to
notrfy their supervisor of such absence as soon as possibie, bui in no event later than
one-half (1/2) hour before the beginning of such workday.
17,7 Failure to make such �otification may be grounds for discipline.
�
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AR7ICLE 18. GRIEVANCE PROCEDURE
1B.1 The Empfoyer shafl recognize stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaining unit. The Union shall notify
the Employer in writing of the names of the stewards and of their successors when so
named.
iS2 It is recognized and accepted by the Employer and the Union that the processing ot
grievances as hereinafter provided is fimited by the job duties and responsibilities of the
employees and shali therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The steward involved and a
grieving employee shail sutfer no loss in pay when a grievance is processed during
working hours, provided the steward and the employee have notified and received the
approvaf of- their supervisor(s) to be absent to process a grievance and that such
absence would not be detrimental to the work programs ot the Employer.
18.3 The procedure established by this Article shafi be the sofe and exclusive procedure,
except for the appeal of disciplinary action as provided by Article 17, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
18.4 Grievances shaii be resolved in conformance with the foilowing procedure:
Step 1. Upon the occurrence of an a(leged violation of this Agreement, the employee
invoived shaii attempt to resolve the matter on an informai basis with the
employee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion, it may be reduced to writing and
referred to Step 2 by the Union. The writien grievance shaii set forth the nature
of the grievance, the facts an which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation of the
Agreement not reduced 10 writing by the Union within ten (10) calendar days of
the first occurrence of the event giving rise to the grievance or the time when
the empioyee with the use of reasonabie diligence should have had knowledge
of the first occurrence of the event giving rise to the grievance, shalf be
considered waived.
Steo 2. Within ten (10) calendar days after receiving the written grievance, a
designated Employer supervisor shall meet with the Union steward and attempt
to resofve the grievance. if, as a resuR of this meeting, the grievance remains
unresolved, the Employer shall reply in writing to the Union within five (5)
calendar days following this meeting. The Union may refer the grievance in
writing to Step 3 within ten (i0) cafendar days following receipt of the
Employer's written answer. Any grievance not referred in writing by the Union
within ten (10) caiendar days following receipt of the Empioyer's answer shall
be considered waived.
23
ARTICLE 18. GRIEVANCE PROCEDURE (continued)
Ste� 3. Within ten (10) cafendar days fo(towing receipt of a grievance referred from
Step 2, a designated Employer supervisor shall meet with the Union Business
Manager or designated representative and attempt to resolve ihe grievance.
Within ten (10} calendar days following this meeting, the Employer shaff reply
in writing to the Union stati�g the Empioyer's answer conceming the grievance.
If, as a result of the written response, Yhe grievance remains unresolved, the
Union may refer the grievance to Step 4. Any grievance nof referred in writing
by the Union to Step 4 within ten (10) calendar days following receipt of the
Employer's answer shall be considered waived.
Sten 4. If the grie�[a�ce remains unresoived, the Union may within ten (10) 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
shail be conducted by an arbitrator to be selected by mutuai agreement of the
Employer and the Union within ten (10) calendar days after notice has been
given. If the parties fail to mutually agree upon an arbitrator within the said ten
(10)-day period, either party may request the Bureau of Mediation Services to
submit a pane! of five (5) arbitrators. Both the Employer and the Union shali
have the right to strike two (2} names from the panel. The Union sha(I strike
the first (1st) name; the Employer shall then strike one (1) name. The process
will be repeated and the remaining person shall be the arbiirator.
78.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shail consider and decide only the
specific issue submitted in writing by the Employer and the Union and shal( have no
autho�ity to make a decision on any other issue not so submitted. The arbitrator shall be
without power to make decisions conYrary to or inconsisYent wfth or modifying or varying
in any way the applications of laws, rWes or reg�latioos having the force and effect of
faw. The arbitrato�s decision shall be submitted in writing within thirty (30) days following
close of the hearing or the submission of briefs by the parties, whichever be later, unless
the parties agree to an extension. The decision shall be based solely on the arbitrator's
interpretation or appiication of the express terms of this Agreement and to the facts of the
grievance presented. The decision of the arbitrator shal! be fina! and binding on the
Employer, the Union, and the empfoyees.
18.6 The fees and expenses for the arbitrator's services artd proceedings shali be borne
equally by the Employer and the Union, provided tfiat each party shalf be responsib(e for
compensating fts own representatives and witnesses, if either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providi�g it pays for
the record.
18.7 The time limits in each step of this procedure may be e�ctended by mutual agreement of
the Employer and the Union.
18.8 It is understood by the Union and the Employer that if an issue is deteRnined by this
grievance procedure, it shall not again be submitted for arbitrat(on under other
procedures. If a� issue is determined by the provisions of other procedures, it shall not
again be submitted for arbitration under this grievance procedure.
24
by���
ARTICLE 19. LEGAL SERVICES
19.1 F�ccept in cases of malfeasance in office or willful or wanton neglect of duty, the Employer
shalf defend, save harmless, and indemnify an employee andlor his estate against any
claim or demand, whether groundless or otherwise, arising out of an alleged act or
omission in the performance and scope of the empioyee's duties.
192 Notwithsta�ding 19.1, the Employer shail not be responsibie for paying any legai service
fee or for providing any Iegal setvice arising from any legal action where the employee is
the plaintiff.
ARTICLE 20. STRIKES, LOCKOUTS, WORK INTERFERENCE
28.1 The Unions and the Employers agree that there shall be no strikes, work stoppages,
slow-downs, sit-down, stay-in or other concerted interterence with the Employer's
business or affairs by any of said Unions andJor the members thereof, and there shail be
no bannering during the existence of this Agreement without first using all possible
means of peaceful settlement of any controversy which may arise.
ARTfCLE 21. SAVINGS CLAUSE
21.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and
the Ciry of Saint Paui. In the event any provision of this Agreement shall be heid contrary
to law by a court of competent ]urisdiction from whose final judgment or decree no appeal
has been taken within the time provided, such provision shaif be voided, All other
provisions shall continue in full force and effect.
ARTICLE 22. JURISDICTION
22.1 Disputes concerning work jurisdiction between and among unions is recognized as an
appropriate subject for determination by the various unions representing employees of
the Employer.
222 In the event of a dispute concerning the pertormance or assignment of work, the u�ions
invoived and the Empfoyer shall meet as soon as mutualiy possibie to resolve the
dispute. Nothing in the foregoing shal! restrict the right of the Employer to accomplish the
work as originally assigned pending resolution of the dispute or to restrict the Employer's
basic right to assign work.
22.3 Any employee refusing to pertorm work assigned by the Employer shall be subject to
disciplinary action as provided in Articie 17 (Disciplinary Procedures).
22.4 There shall be no work stoppage, slow down or any disruption of work resulting from a
work assignment.
22.5 The subcontracting of work done by the empioyees covered by this Agreement shall in ail
cases be made only to Employers who qualify in accordance with St. Paul Administrative
Code Section 82A7, Minimum Wages on Public Contracts.
25
ARTICLE 23. TERMS OF AGREEMENT
23.1 The Employer and the Union acknowledge that during the meeting and negotiating which
resutted in this Agreement, eacfi had the right and opportunity to make proposals wifh
respect to any subject conceming the terms and condftions of employment. The
agreements and understand"mgs reached by the parties after the exercise of this right are
fuily and compietely set forth in this Agreement, Any and all prior agreements,
resolutions, praciices, policy or rules or regulaYions regarding the terms and co�ditions of
empfoyment to the exfent they are inconsistent with this Agreement are hereby
superseded. Itt those areas where Civil Service Rules are not inconsistent with this
Agreement, the Civil Service Rules shall continue to be in effect.
23.2 Encept as herein provided, this Agreement shall be effective as of the date it is executed
by the parties and shatl continue in full force and effect through June 30, 299� 2010 and
thereafter until modified or amended by mutual agreement of the parties. Either party
desiring to amend or modify this �qreement shall notify the other i� writing so as to
compiy with the provisions of the Public Emptoyment La6or Relations Act of 1971.
23.3 This constitutes a fentative agreement beiween the parties which wiil be recommended
by the Board of Education negotiator but is subject to the approval of the Board of
Education of Independent School District No. 625 and is also subject to ratitication by the
Unions.
WITNESSES:
1NDEPENDENT SCHOOL DISTRICT NO. 625 TR!-COUNCIL:
SAINT PAUL PUBLIC SCHOOLS OPERATiNG ENGINEERS LOCAL NO. 49
GENERAL DRIVERS LOCAL NO. 120
LABORERS LOCAL NO. 132
,��-���-����
�iair, Boar of Education
�aL�
�Negoti tion ployee Re ations Manager
t/1
Qat�
26
O��.t�z� �G�G�
Business Representative, Local No.120
b�� �'� �
APPENDIX A
HOURLY WAGE RATES
The hourly wage rates for provisional, regular and probationary employees working in the ciasses
fisted below are as shown.
Effective Julv 5, 2008
School Senrice Worker
School Grounds Crew Leader
School Labor Crew Leader
Heavy Equipment Operator
Plaster Tender
Base Hourfv Rate
$21.42
$23.66
$23.66
$24.49
$30.03
Effective Jufv 4, 2009
School Service Worker
School Grounds Crew Leader
Schooi Labor Crew Leader
Heavy Equipment Operator
Plaster Tender
Base Houriv Rate
$21.96
$24.25
$24.25
$25.10
�
Hourly Rate
After 15 Years
$21.94
$24.17
$24.17
$25.00
Hourly Rate
After 15 Years
$22.48
$24.�7
$24.77
$25.62
'Note: The July 4, 2009, hourly rate for Plaster Tender shall be determined at a later date based
on the outside prevaifing wage rate.
PREMIUM PAY PROVlSIQNS
Effective July 4, 2008, the following premium pay provisions shall apply:
Premium Pav A. Premium pay of forty cents (40¢) per hour shall be paid above the regular base
rate for each hour or any part over one-fourth (i!4) hour worked in such assignments by an
employee in this bargaining unit:
1. Operation of a chain saw, chipping hammer or jackhammer.
2. Work eight (8) feet or lower beneath ground.
3. Operatian of a mortar mixer.
4. Driving tandem trucks.
5. Operation of a power tamper.
6. Work on the asphalt crew (excepi AsphaR Raker).
7. Operation of a hedge trimmer.
27
APPENDIX A (continued}
Premium Pav B. Premium pay of s'ucty-five cents (65¢) per hour sF�all be paid above the regular
base rate for each hour or any part over one-tourth (1/4) hour worked in such assignments by an
employee in this bargaining unit:
1. Operation of a tractor with power take-off over 50 horsepower which is used for
grass cutting.
2. Operation of any of the equipment covered by the abolished class title, 'Asphait
Raker.
3. Performing the duties of a Plasterer Helper or of a Tender for a Bricklayer,
Blocklayer or Plasterer.
4. Holding a license to apply or use regulated pesticides and chemical treatments
and assigned to perform work involving the application of such regulated
substances (the term "regulated° as used here, refers to substances whose use
and application requires the license noted herein),
5. Swing stage work, such as work performed from a boatswain's chair or a swing
scaffold or hazardous work that requires the use of a safety belt tifty (50) feet or
more above the ground. All standard safety laws shall be complied with.
* This title abolished except as to present incumbents.
28
�� �
APPENDIX B
TEMPORARY EMPLOYEE RATES
1. The hourly rates for temporary emptoyees working in the classes listed below are as shown:
Effective Effective Effective
715108 4/25l09 4l24110
Schooi Service Worker $28.46 * *
Masonry Tender $28.46 * *
Trades Laborer $28.46 * *
For temporary empioyees working in the titles fisted in (1.) above the following fringe benefit
contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund:
Effective Effective Effective
7/5/OS 4(26l09 4/24/10
Health and Welfare $6.05 * *
Pension $4.52 * *
Vacation $2.10 * *
(Taxable Contribution)
Training $ .30 * *
2. The hourly wage rates for temporary employees working the class listed below are as shown:
Effective Effective Effective
7/5/08 4/25/09 4/24/10
Heavy Equipment $30.07 * *
Operator
For temporary employees working in the title listed i� (2.) a6ove the followi�g fringe benefit
contributions shali be made to the Funds designated by IUOE, Locai 49:
Effective Effective Effective
7!5l08 4l25109 4l24l10
Health and Welfare $6.85 * *
Pension $6.80 * *
Apprentice Training $ .50 * *
' The Employer agrees to contribute 100% of the wages and benefits per the Minnesota Laborer's
Agreement and the Local 49 AGC Builders Agreement, effective April 25, 2009 and April 24, 2010.
�
APPENDIX B (continued)
TEMPORARY EMPLOYEE RATES {continued}
3. The houriy wage rates for temporary employees working the class tisted below are as shown:
Plaster Tender
Effective
7/5/08
$30.03
Effective
5/23/09
��
Effective
5/22/10
��
For temporary employees working in the titles listed in (3.) above the fo�iowing fringe benefit
contributions shall be made to the Minnesota Laborers' Fringe Benefit Fund:
Health and Weifare
Pension
Vacation
(faxable Contribution)
Apprenfice Training
Effective
7/5/OS
$6.05
$520
$2.00
$ 26
Effective
5/23/09
*�
,�«
��
��
Effective
5/22110
��
:.
..
,�
�` The Employer agrees to contribute 100% of tfie wages and benefits per Minnesota Labore�s Agreement,
eifective May 23, 2009 a�d May 22, 2010.
4. Regular employees who are laid off and then cailed back to work on a temporary basis shall
receive ihe regular rate of pay as shown in Appendix A for such titles worked and shall
continue to earn and accrue Empfoyer benefifs for such hours worked.
5. For temporary employees working in titles listed in this Appendix B whose length of service
and eami�gs require that they be subject to Public Employees Retirement Association
confributions, the rate of pay shall be the hourty �ate shown in this Appendix B for such ti�e
divided by one (1) pius the Employer PERA rate (currently .O6).
6. lf the unions elect to have the fringe benefit contributions listed in this Appendix B increased
or decreased, the Empioyer may adjust the appficabie houdy pay rates and contribution
amounts accordingly.
7. Laborers employed by the Employer on a temporary basis wi(I be paid on the rates indicated
i� (Appendi�c 67 above).
30
� i J��I
ADDIT{ONAL INFORMATION
(Not a Part of the Aqreement)
Memorandum of Agreement
Regarding
Loss ot Drivers License
Statement of intent
Regarding
Temporary Employees
31
Memorandum of Agreement
Regarding
Loss of Drivers license
This Memorandum of Understanding +s by and between the Board of Education of Independent
School District No. 625, Saint Paul Public SChools, and the Tri-Council, Local 49, Local 120 and
Local 732. The purpose of this Memorandum is to establish a process that would accur in the
evetti an employae who is required to hold a Commercial Drivers License (CDL) as a qualification
for the job they hoid has that license suspended, revoked or cancelled, and to establish uniformity
in addressing such a situation. This memorandum will also establish a timeframe for curcent
employees who are required to hold a CDL but who currently do not possess such a license to
fu(fill tF�e requirement.
Ttse parties agree to the following items. These items apply to situations that occur after
ratification of the 2000-200z labor agreement, unless specificaily stafed otherwise:
7. !f an employee loses driving privileges and possession of a license that is required for the
employee's job, the responsibility for regaining the license is the employee's and not the
DiStricYs.
2, It is the empioyee's responsibility to immediately notify their supervisor in writing of the loss of
driving privileges. If an employee fails to notify their supervisor, they will be subject to
disciplinary action. (f an employee drives a School District vehicle without a valid driver's
license, they will be subject to immediate termination from School District employment.
3. The empfoyee must, at the employee's expense and on personal time, resotve the issue with
the District Court or Departme�t of Pubiic Safety.
4. When an employee loses his/her license for the first time as a school districi empioyee, the
School Disirict, upon being made aware of the loss of an employee's license, shall provide
the empioyee with a work assignment that does not require a Iicense for a period not to
exceed ninety (90) Calendar days. The ninety (90) calendar day period shall begin as of the
date on which the State cancels, suspends or revokes the employee's license. If, after the
ninety {90) calendar days, the employee has not regained possession of a va(id drivet's
license that meets the minimum requirements of ihe position the employee holds, the
employee will be granted a leave without pay for a period noi to exceed eighteen (18)
calendar months. If the employee is unable to regain possession of a valid, required license
try the end of the leave, the empioyee wiil be terminated from employment.
5. When an employee loses his/her license for the second time as a schooi district employee,
regardless of the date the first loss of license occurred, the Schoo! District, upon being made
aware of the loss of an empfoyee's license, shall grant the emp(oyee a leave of absence
without pay for a period not to exceed two (2) calendar years. If the employee is unable to
regain possession of a valid, required license by the end of two (2) calendar years, the
employee wili be terminated from empioyment.
6. if an employee loses and regains his/her license while on lay off and no accommodation is
made, that loss of license will not count in regarcl to Numtier 4 or Number 5 above.
32
D1'��
7. Extensions of leaves of absence may only be granted at the discretion of the School District
for reasons beyond the emp{oyee's control. The reasons shall be limited to delays caused by
State administrative procedures or the court system.
8. Vo(untary reduction to a position in a lower classification with minimum qualifications not
requiring a driver's license is at managemenYs discretion; however, any accommodation
provided shall �ot cause the displacement of another employee, regardless of senfority.
9. Empfoyees hired prior to ratification of the 2000-2002 labor agreement who hold a position
requiring a Commercial Drivers License a�d who lost or failed to renew their Commercial
Drivers License must gainlrenew their license by November 1, 2002, or their employment
wlth the School District will be terminated from empioyment.
puration
Tqis Memorandum of Agreement shail be effective upon signing, and shall remain in effect for the
duration of this agreement; it is subject to renewal, termination or amendment by the parties.
lNDEPENDENT SCHOOL DISTRICT NO. 625
SAINT PAUL PUBLIC SCHOOLS
THE TRI-COUNCIL LOCAL 49, LOCAL 120,
AND LOCAL 132
/��-,����'
Ch�ir, Board of Education
, i �� / �%�
�7/�li
egotiati nslEmployee Relations Manager
� e��
Date
�-� ,��
Business Represent ive, Local 49
O�
�a�
Representative, Local
l���� - -
Business Agent, Local No. 132 A
Business
32
`� , � /r G'
33
Statement of Intent
Regarding
7emporary Empioyees
The School Districi will obtain at least fifty (50%) percent of its temporary employees from the
union hati as long as employees are available and meet district qual'rfications
34
����'
INDEX
A
Adoption Leave .......
B
Bereavement Leave
Breaks ....................
C
Call-In Pay .................
Compensation Errors
Court Duty Leave ......
....... 8
.....15
.....13
D
Discipline Procedures ................................22
F
Fair Share Fee ............................................6
Father with Newborn Leave ......................13
Flexible Spending Account ........................17
G
Grievance Procedure ................................23
H
Holidays ...........................................
Hours ...............................................
/
insura�ce .........................................
J
Jury Duty .........................................
L
Life Insurance ..................................
Long-Term Disability Insurance ......
Loss of Drivers License ...................
13
...................12
..................... 8
�
M
Mifitary Leave ............................................13
O
Overtime ......................................................8
P
ParentaUMaternity Leave ...........................14
Pension Plan .............................................2�
R
Retirement Benefits ...................................iS
S
Safety ........................................................... 7
Safety Shoes ...............................................7
Seniority .......................................................9
Severance .................................................. 21
Sick Leave .................................................12
Sick Leave Conversion ..............................11
Sick Leave Conversion To Vacation .........11
Spouse/Dependent Parent Leave .............12
Strikes ..............:......................................... 25
T
Temporary Employees .............................29
U
.........16 Union Dues ..................................................6
V
.........13
..........17
..........17
.......... 32
Vacation.....................................................11
W
Wages ............................................15, 27, 29
W o rkday ....................................................... 8
35
INDEPENDENT SCHOOL DISTRICT NO. 625 by'�j��
BOARD OF EDUCATION
SAINT PAUL PUBLIC SCHOOLS
DATE: June 17. 2008
TOPIC: Approvai of an Emptoyment Agreement with United Association of
Steamfitters, Pipefitters, and Service Technicians, Locai Union No. 455, to
Establish Terms and Conditions of Employment for 2008-2010
A. PERTINENT FACSS:
1. New Agreement is for the three-year period May 1, 2��8 through April 30, 2010.
2. Contract changes are as follows:
Waaes: Wage and benefit changes reflect prevailing wage for the industry.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has eight (8) regular F.T.E. in this bargaining unit.
5. This agreement maintains the DistricYs fiscal structural balance.
6. This item wiii meet the DistricYs target area goal of aligning resource allocation to District
priorities.
7. This request is submitted by Kimberfy Janes, NegotiationslEmployee Relations Assistant
Manager; Wayne Arndt, NegotiationslEmployee Relations Manager; Teresa C. Rogers,
Executive Director of Human Resources/Employee Reiations; Patrick Quinn, Executive
Director of Plant Planning and Maintenance; Hitesh Haria, Chief Operations Officer; and Lois
Rockney, Chief Business Officer.
B. RECOMMENDATION:
That the Board of Education of independent School District No. 625 approve and adopi the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom United Association of Steamfitters, Pipefitters, and Service Technicians, Local
Union No. 455, is the exclusive representative•, duration of said Agreement is for the period of May
1, 2008 through Apri130, 2010, and that the Board of Education of Independent School District
No. 625 adopt a resolution that this agreement maintains the DistricYs fiscal structural balance.
.
09���
2008 - 2011
MAINTENANCE LABOR AGREEMENT
- between -
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DlSTRICT NO. 625
- and -
United Association of Steamfitters, Pipefitters,
and Service Technicians, Local Union No. 455
May 1, 2008 through April 30, 2011
Saint Paul
PUBLIC SCHODLS
�
�� . � .
� ,�
0. World af 6pportunities
SAINT PAUL PUBLIC SCHOOLS
Independent School District No. 625
Board of Education
Kazoua Kong-Thao
Elona Street-Stewart
Tom Conion
Tom Goldstein
John Brodrick
Anne Carroll
Keith Hardy
Chair
Vice-Chair
Clerk
Treasurer
Director
Director
Director
2
a�-��!
ARTICLE TITLE
Article
Article
Article
Article
Article
ARicle
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
Article
ARicle
ARicle
Article
Article
Articie
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.
TABLE O� CONTENTS
PAGE
Preamble................................................................................................................4
Purpose.................................................................................................................. 5
Recognitio ......................................°--................................................................... 5
Employer .....................................................................................................5
Union ftights ...........................................................................................................6
Scope the Agreement .........................................................................................6
ProbationaryPeriods ..............................................................................................7
Philosophy of Employment and Compensation ......................................................7
Hoursof Work ........................................................................................................8
Overtim ................................................................................................................. 9
Gall Back ................................................................................................................9
Work Location ......................................................................................................10
Wages ..................................................................................................................10
Fringe Benefits .....................................................................................................11
Selection of Lead Pipefitter, General Lead Pipefitter and Master Pipefitter......... i i
Nolidays ................................................................................................................12
Disciplinary Procedures ........................................................................................13
Absences From W ork ..........................................................................................13
Sen iority ................................................................................................................14
Jurisdiction...........................................................................................................15
Separation ............................................................................................................15
Tools.....................................................................................................................15
Grievance Procedure ...........................................................................................16
Right Subcontract .............................................................................................18
Non -Discrimination ...............................................................................................16
Severability ...........................................................................................................18
Waiver ..................................................................................................................19
Mileage .................................................................................................................19
Court Duty Leave ..................................................................................................19
Durationand Pledge .............................................................................................20
Appendix ........................................................................................................... 21
Appendix ...........................................................................................................21
Appendix ...............................................................................................22, 23, 24
Appendix ...........................................................................................................25
Index .....................................................................................................................26
�3
PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafter
reterred to as the Employer, and the United Association of Steamfitters, Pipefitters and Service
Technicians Local Union No. 455, hereinafter referred to as fhe Union. -
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibitities of the Independent School District No. 625 for the benefit of the
general public through effective labor-management cooperation.
The Empioyer and the Union both realize that this goal depends not only on the words in
the Agreement but rather primarily on attitudes between people at aIl leveis of responsibility.
Constructive attitudes of the Employer, the Union, and the individual employees will best serve the
needs of the general public.
0
b�1���✓)
ARTICLE 1. PURPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderly and peaceful relations, thereby estabiishing a system of
uninterrupted operations and the highest level of empioyee performance that is
consistent with the safiety and well being of all concerned;
i.12 Set forth rates of pay, hours of work, and other conditions of employment as
have been agreed upon by the Employer and the Union;
1.1.3 Establish procedures to orderly and peacefully resoive disputes as to the
application or interpretation of this Agreement without loss of productivity.
1.2 The Employer a�d 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 +n
conflict with such legislation, the Iatter shall prevail. The parties, on written notice, agree
to negotiate that part in conflict so that it conforms to the statute as provided by Article 26
(Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Unio� as the exclusive representative for collective
bargaining purposes for aii personnel having an employment status of regular,
probationary, and temporary employed in the classes of positions defined in 2.2 as
certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3066
dated November 22, 1959.
22 The classes of positions recognized as being exclusively represented by ihe Union are as
listed in Appendix A.
ARTICLE 3. EMPLOYER RIGNTS
3.1 The Employer retains the right to operate and manage all manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational structure; to select,
direct, and determine the number of personnei; and to perform any inherent managerial
function not specifica(fy limited hy this Agreement.
32 Any "term or condition of employment" not established by this Agreement shali remain
with the Employer to eliminate, modify or establish following written notification to the
Union.
5
ARTICLE 4. UNION RIGHTS
4.1 The Employer shali deduct from the wages of employees who authorize such a deduction
in writing an amount necessary to cover monthfy Union dues. Such monies deducted
shall be remitted as directed by ihe Union.
4.1.1 The Employer shail not deduct dues from Yhe wages of employees covered by
this Agreemenf for any other labor organization. ,
4.12 The Union shail indemnify and save harmiess the Empioyer From any and all
claims or charges made against the Employer as a result of the implementation
of this Article.
42 The Union may designate one (1) employee from the bargaining unit to act as a Steward
and shall inform tF�e Empfoyer in writing of such designation. Such Employee shafi have
the rights and responsibilities as designaYed in Article 22 (Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the
Union or the designated representative shall be permitted to enter the facilities of the
Empioyer where employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establ'�shes the "terms and conditions of employmenY' defined by
Minnesota Statute § t79A.03, Subdivision 19, for all employees exciusively represented
by the Union. This Agreement shall supersede such `�erms and conditions of
employment� established by Civii Service Rule, Council Ordinance, and Council
Resolution.
0 ����1
ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnei, originaily hired or rehired fiollowing 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 ciass of positions' duties and responsibilities shafl be
evaluated.
6.t.1 At any time during the probationary period an employee may be terminated at
the discretion of the Empioyer without appeai to the provisions of Article 22
� (Grievance Procedure).
6.1.2 An employee terminated during the probationary period shall receive a written
notice of the reason(s) for such termination, a copy of which shail be sent to the
Union.
6.2 All personnel promoted to a higher class of positions shall serve a six (6)-month
promotionaf probationary period during which time the employee's fitness and ability to
perform the class of positions' duties and responsibilities shall be evaluated.
62.1 At any time during the promotional probationary period an employee may be
demoted to the employee's previously-heid cfass of positions at the discretion
of the Employer without appeal to the provisions of Article 22 (Grievance
Procedure).
6.22 An employee demoted during the promotional probationary period shall be
returned to the employee's previously held class of positions and shall receive a
written notice of the reasons for demotion, a copy of which shaff be sent to the
Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of employment and
compensation shali be a"cash" houriy wage and "industry' fringe benefit system.
72 The Employer shail compensate employees for all hours worked at the basic hourly wage
rate and hourly fringe benefit rate as found in Article 12 (Wages) and 13 (Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
7
ARTtCLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty (30j-
minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
82 The normal workweek shali be five (5) consecutive normal workdays Monday through
Friday.
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to
establish second and third shifts or a workweek other than Monday through Friday, the
Union agrees to enter into negotiations immediately to establish the conditions of such
shifts and/or workweeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per
norma! workday or per normal workweek.
8.5 All employees shall be at the location designated by their supervisor, ready for work, at
the esfablished sfarting time and shail remain at an assigned work location until the end of
the established workday unless otherwise directed by their supervisor.
8.6 AI! employees are subject to call back by the Employer as provided by Article 10 (Call
Back).
8.7 Employees reporting for work af the established starting time and for whom no work is
available shall receive pay for two (2j hours, at ihe basic hourly rate, unless notification
has been given not to report for work prior to leaving home, or during the previous
workday.
8.8 Stand 8v. Any Refrigeratio�, Gas and Qii Serviceworker who is required to be available
for emergency service work on weekends and holidays shall be guaranteed work or
wages and fringes equi�atent to:
40 minutes for Friday nights
80 minutes for Saturday and Saturday night
80 minutes for Sunday and Sunday night
or
80 minutes for any holiday and hoGday night of such 24-hour shift.
Ali of the above at time and one-half rate. If the employee is called in for work, the above
time shall be a part of, not in addition to, the time worked.
0
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ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Empfoyer supervisor. No overtime work cfaim will be honored for payment or
credit unless approved in advance. An overtime claim will not be honored, even though
shown on the time card, unfess the required advance approvaf has been obtained.
9.2 The rate of one and one-half (1-1/2) the basic hourly rate and fringes shafl be the
overtime rate for work Qerformed under the foflowing circumstances:
92.1 Time worked in excess of eighi (8) hours in any one normal workday,
and
9.2.2 Time worked in excess of 40 hours in a seven (7j-day period.
9.3 For the purpose of calculating overtime compensation, overtime hours worked shall not
be °pyramided," compounded or paid twice for the same hours worked.
9.4 Overtime hours worked as provided by this Article shaii be paid in cash or compensatory
time as determined bythe Employer.
ARTICLE 10. CALL BACK
10.1 The Empioyer retains the right to cali back empioyees before an empioyee has started a
normal workday or norma! workweek and atter an employee has completed a normal
workday or normal workweek.
102 Employees called back shail receive a minimum of four (4) hours of pay at the basic
hourly rate.
10.3 The hours worked based on a call back shall be compensated in accordance with
Article 9(Overtimej, when applicable, and subject to the minimum estabiished by 10.2
above.
10.4 Employees calfed back four (4) fiours or less, prior to their normal workday shall complete
the normai workday and be compensated only for the overtime hours �uorked in
accordance with Article 9 (Overtime).
�
ARTiCLE 11. WORK LOCATION
t1.1 Employees shall report to work location as assigned by a designated Employer
supervisoc During the normal workday, employees may be assigned to other work
locations at the discretion of the Employer.
112 Empioyees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be
compensated for mileage, as provided by Article 27 (Mileage).
ARTICLE 12. WAGES
12.1 The basic hourty wage rates as estabiished by Appendix C shall be paid for ail hours
worked by an employee.
122 Regular employees shall be compensated in accordance wifh Article 12.1 (Wages) and
have fringe benefit contributions and/or deductions made on their behaH as provided for
by Article 13 (Fringe Benefits).
12.3 Temporary empioyees shall be compensated in accordance with Article 12.1 (Wages)
and have fringe benefit contributions and/or deductions made in their behaif as provided
for by Article 13 (Frirtge Benefits).
�
10
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ARTICLE 13. FRINGE SENEFITS
13.1 The Employer shall make contributions on behaif of and/or make deductions from the
wages ot participating emp{oyees as defined in Article 12.3, 12.4, and 12.5 covered by
this Agreement in accordance with Appendix D for all hours worked.
13.2 The Employer wiil for the period of this Agreement provide, for those empioyees who
were "grandfathered° as eligible for the Empfoyer's Health and Welfare Plan and who
have retired since April 1, 1975, such health insurance premium coniributions up to the
same dollar amounts as are provided by the Employer at the date of early retirement and
the cost of premium contributions toward $5,000 life insurance coverage until such
employees reach sixty-five (65) years of age.
In order to be eligibfe for the premium contributions under the prov+sion 13.2 and 13.3 the
employee must:
13.2.1 Be receiving benefits from a pubiic employee retiree act at the time of
retirement.
1322 Have severed the employment relationship with the City of Saint Paul and/or
Independent School District No. 625 under one of the early retiree plans.
13.2.3 Infiorm the Human Resource Department of independent School District
No. 625 and Personnei Office of the C+ty of Saint Paul in writing within sixty (60)
days of employee's early retirement date that he or she wishes to be eiigible for
early retiree insurance benefits.
13.3 An employee who retired at age sixty-five (65) or later and who met the criteria in 132, or
for eariy retirees who qualified under 13.2 and have reached age sixty-five (65) afiter
retirement the Employer will provide payment of premium tor a Medicare supplement
heafth coverage policy selected by the Employer.
ARTICLE 14. SELECTION OF LEAD PIPEFI7TER, GENERAL LEAD PIPEFITTER,
AND MASTER PIPEFITTER
14.1 The selection of personnei for the ciass of position of Lead Pipefitter, Generai Lead
Pipefitter and Master Pipefitter shall remain solely with the Employer.
14.2 The class of position Lead Pipefitter, General Lead Pipefitter and Master Pipefitter shall
be filied by employees ofi the bargaining unit on a"temporary assignment"
�4.3 Aii "temporary assignments" shali be made oniy at the direction of a designated Empfoyer
supervisor.
14.4 Such "temporary assignments" shall be made only in cases where the class of positions is
vacant for more than one (1) normai workday.
11
ARTtCLE i5. HOLIDAYS
15.1 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 7fianksgiving
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
Fourtfi Friday in November
December 25
152 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the
following Monday shall be considered the designated holiday. When any of these three
(3) holidays faiis on a Saturday, the preceding Friday shall be considered the designated
holiday.
15.3 The nine (9) holidays shall be considered non-workdays.
75.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Afticle 1 Q, Call
BaCk.
15.5 Employees called in to work on a designated holiday shall be compensated at the rate of
fwo (2) times the basic hourly rate for ail hours worked.
15.6 if Martin Luther �ng, Jr. Day or Presidents' Day falis on a day when school is in session,
the empioyee shali work that day at straight time and another day shall be designated as
the holiday. 'fhis designated hofiday sha(f be a day detertnined by agreement between
the employee and his supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is not in session, that day will �ormally be an unpaid holiday. if the Employer
schedules work on such days, employees will be offered an oppoRUnity to work that day
at the straight-time rate and wili not be required to take another day off to replace ihe
holiday. If the employee is calied in on such day, they wiil be called in accordance with
ArtiGe 10 and paid as in 15.5.
12
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ARTICLE 16. DISCIPL{NARY PROCEDURES
16.1 The Employer shail have the right to impose disciplinary actions on employees for just
cause.
16.2 Discipiinary actions by the Employer shall include only the following actions:
162.1 Orai reprimand;
162.2 Written reprimand;
i6.2.3 Suspension;
16.2.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain all rights under
Minnesota Statute § 179A.20, Subd. 4, and thereby shall have the right to request that
such actions be considered a"grievance" for the purpose of processing through the
provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the
emplayee's behalf initiates review of an action, that matter shall not again be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review procedures.
ARTICLE 17. ABSENCES FROM WORK
17.� Empioyees who are unable to report for their normal workday have the responsibility to
notify their supervisor of such absence as soon as possibie, but in no event later than tfie
beginning of such workday.
172
17.3
Faiiure to make such notification may be grounds for discipline as provided in Article 16
(Discipfinary Procedures).
Failure to report for work without notification for three (3) consecutive normal workdays
may be considered a"quit" by the Employer on the part of the employee.
i3
ARTiCLE t8. SENIORiTY
18.1 Seniority, for the purposes of this Agreement, shall be defined as follows:
18.1.1 "Master Seniorit�/' - Tfie length of continuous regular and probationary service
with the Empfoyer from the Iast date of employmenf in any and alf class titles
covered by this Agreement.
t8.12 "Class Seniority" - The length 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.
18.2 Seniority shal! not accumulate during an unpaid leave of absence, except when such a
leave is granted for a period ot less than thirty (30) calendar days; is granted because of
illness or injury; is granted to allow an employee ro accept an appointment to the
unclassified service of the Employer or to an elected or appointed fu(I-fime posifion with
the Union.
18.3 Seniority shall Yerminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Empioyer 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." Employees laid off shall have the right to reinstatement in any lower-
paid class title, provided employee has greater `Master Seniority' than the employee
being reptaced.
18.5 The selection of vacation periods shall be made by ciass title based on length of "Class
Seniority," subject to the approva) of the Employer.
14
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ARTICLE 19. JURISDICTION
19.1 Disputes concerning work jurisdiction between and among unions are recognized as an
appropriate subject for determination by the various unions representing employees of the
Employer.
192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutuai
agreements between the unions involved.
19.3 1n the event of a dispute concerning the pertormance or assignment of work, the unions
invoYved and the Empfoyer shafi meet as soon as mutually possible to resolve the dispute.
Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as
originally assigned pending resolution of the dispute or to restrict the Employer's basic
right to assign work.
19.4 Any empioyee 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
Article 16 (Disciplinary Proceduresj.
19.5 There shatl be no work stoppage, slow down or any disruption of work resulting from a
work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or reguiar employment status shall be considered
separated from empioyment based on the fioilowing actions:
2�.1.1 Resipnation. Employees resigning from employment shall give written
notice fourteen {14) calendar days prior to the effective
date of the resignation.
20.1.2 Discharqe. As provided in Article 18.
20.1.3 Failure to Report for Dutv. As provided in Article 17.
202 Employees having a temporary employment status may be terminated at the discretion of
the Employer before the completion of a normal workday.
ARTlCLE 21. TOOLS
21.1 All employees shall personally provide themselves with the tools of the trade as listed in
Appendix B.
15
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regu(ations as the grievance representative of the bargaining unit. The Union shail notify
the Employer in writing of the names of the Stewards and of their successors when so
named.
22,2 ft 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 a�d shall therefore be accomplished during working hours only when
consiste�t with such empioyee duties and responsibilities. 7he Steward involved and a
grieving empioyee shatl suffer tto loss in pay when a grievance is processed during
working hours, provided the Steward and ffie emp(oyee have notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
wouid noY be detrimentai to the work programs of the Employer.
ZZ.3 The procedure established by this Article shall, except as previously noted in Article i6
(Disciplinary Procedures), be the sole and exclusive procedure for tfie processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an aileged violation of this Agreement, the employee
invoived shall attempt to resolve the matter on an informai basis with the
employee's supervisor. if the matter is not resolved to the employee's
satisfaction by the informal discussion, it may be reduced to writing and
referred to Step 2 by the Union. The written grievance shali set forth the
nature of the grievance, the facts on which it is based, the alleged section(s)
of the Agreement violated, and the relief requested. Arty alleged violation of
tfie 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 givirtg rise to the grievance, shall be considered
waived.
Steu2. Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shall meet with the Union Steward and
attempt to resoive the grievance. If, as a result of this meeting, the grievance
remains unresolved, the Employer shali reply in writing to the Union within
three (3) calendar days following this meeting. The Union may refer the
grievance in writing to SYep 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 (� calendar days fotlowing receipt of the Empioyer's
answer shall be considered waived.
16
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ARTiCLE 22. GRIEVANCE PROCEDURE (continued)
Step 3. WRhin seven (� calendar days fo0owing receipt of a grievance referred firom
Step 2, a designated Employer super�isor shall meet with the Union Business
Manager or his designated representative and attempt to resolve the
grievance. Within seven (7) calendar days following this meeting, the
Employer shall reply in writing to the Union stating the Employer's answer
conceming the grievance. If, as a result of the written response, the
grievance remains unresolved, the Union may refer the grievance to Step 4.
Any grievance not referred in writing by the Union to Step 4 within seven (7)
calendar days foliowing receipt of the Employer's answer shaii 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 arbitrator to be seiected by mutual agreement of the
Employer and the Union within seven (7) calendar days after notice has been
given. if the parties fail to mutually agree upon an arbitrator within the said
seven- (7) day period, either party may request the Bureau of Mediation
Services to submii a panel of five (5) arbitrators. Both the Employer and the
Union shaii have the right to strike hvo (2) names from the panel. The Union
shall strike the first (tst) name; the Employer shali then strike one (1) name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted in writing by the Employer and the Union and shaii have no
authority to make a decision on any other issue not so submitted. The arbitrator shall be
without power to make decisions contrary to or inconsistent with or modifying or varying in
any way the application of laws, rules or regulations having the force and effect of law.
The arbitrator's decision shal! be submitted in writing within thirty (3�) days following close
of the hearing or the submission of briefs by the parties, whichever be later, unless the
parties agree to an extension. The decision shall be based solely on the 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 ihe
Employer, the Union, and the employees.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome
equally by the Empioyer and the Union, provided that each party shall be responsible for
compensating its own representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
the record.
22.7 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
17
ARTICLE 23. RIGHT OF SUBCONTRACT
23.T The Employer may, at any time during the duration of this Agreement, contract out work
done by the employees covered by this Agreement. fn fhe evenc that such contraeting
would result in a reduction of the workforce covered by this Agreement, the Employer
shall give the Union a ninety (90)-calendar day notice of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement shall in all
cases be made only to employers who qualify in accordance with Ordinance No.14013.
ARTICLE 24. NON-DISCRIMINATION
24.1 The terms and conditions of this Agreement will be appiied to employees equally without
regard to oF discrimination for 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 ma�ner as
such duties and responsibiiities involve other employees and the general putriic.
ARTICLE 25. SEVERABILITY
25.7 In the event that any provision(s) of this Agreeme�i is declared to be contrary to Iaw by
proper legislative, administrative or judicial authority irom whose finding, determination or
decree no appeal is taken, such provision{s) shall be voided. Afl other provisions shail
continue in full force and effect.
25.2 The paRies agree, upon written notice, to enter into negotiations to piace the voided
provisions of the Agreement in compliance with the Iegislative, administrative or judicia!
determination.
18
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ARTICLE 26. WAIVER
26.t The Employer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject conceming the tettns and conditions of employment. The
agreements and understandings reached by the parties after the exercise ofi this right are
fuffy and completely set forth in this Agreement.
262 Therefore, the Employer and the Union for the duration of this Agreement agree that the
other party shall not be obligated to meet and negotiate over any term or condition of
employment whether specifically covered or not specifically covered by this Agreement.
The Union and Empioyer may, however, mutually agree to modify any provision of this
Agreement.
26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or
regulations regarding the terms and conditions of employment, to the extent they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for the use of their automobiles for school business. The mileage allowance
for eligible employees shall be established at the discretion of the Board. According to
Board Policy, the rate wiii be adjusted every July 1 to conform to fRS allowable rates.
An employee must keep a record of each trip made. Reimbursement shall be for the
actual mileage driven in the pertormance of assigned duties as verified by the appropriate
school district administrator and in accordance with School District Business Office
policies and procedures.
ARTICLE 28. GOURT DUTY LEAVE
28.1 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
parry in the case, and provided that the case is not the result of litigation undertaken by
the empioyee or the Union against the District. In cases where the Board is a party in the
litigation, the employee shall be entitled to pay while attending as a witness at the request
of the Board or as a co-defendant in the case.
28.2 Reauired Jurv Dutv. Any employee who is required to serve as a juror shail be granted
leave with pay while serving on jury duty contingent upon the employee paying to the
Board any fees received, minus travel allowance, for such jury service. The employee
may seek to be excused from jury duty.
19
ARTICLE 29. DURATION AND PLEDGE
29.1 This Agreement shall become effective as of May �, 2D08, and shall remain in effect
through the 30th day of Aprii 2011, and continue in effect from year to year thereafter
unless notice to change or to terminate is given in the manner provided in 292.
292 If either party desires to terminate or mod'rfy this Agreement effective as of the date of
expiraYion, the party wishing to modify or terminate the Agreement shall give w+ritten notice -
to the oiher party, ttot more than ninety (90) or less than sixty (60) calendar ctays prior to
the expiration date, provided that ffie Agreement may onty Be so terminafed or modified
effective as o# the expiration date.
29.3 In consideration of the terms and conditions of employment established by this
Agreement and the recognition that the Grievance Procedure herein estabfished is the
means by which grievances conceming its application or interpretation may be peacefuly
resolved, the parties hereby piedge that during ihe term of ihe Agreemenr
29.3.1 The Union and the empioyees wift not engage in, instigate or condone any
concefted action in which employees fail to report for duty, willfutfy a6sent
themselves from work, stop work, slow down their work or absent themselves
in whole or part from the full, faithfu! pertormance ot iheir duties of employment.
29.3.2 The Employer wiil not engage in, instigate or condone any lockout of
employees.
29.3.3 This constitutes a tentative Agreement beiween the parties which will be
recammended by the Negotiations/Labor 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 represenis the fuil and complete
urtderstanding ot the parties for the period af time herein specified by the signature of the
fo(lowing represenfatives for tfie Employer and the Union.
WITNESSES:
INDEPENDENT SCHOOL D(STRICT UNITED ASSOCIATtON OF STEAMFiTERS,
NO. 625 PIPEFITTERS AND SERVICE TECHNICIANS
/1 n �/! 1� LOCAL NO. 455
`� o ..� � '
Chair, Boa of Education 8usirt s Representative
Neg� ,
s/E loyee Relations Manager
�"l8� 4 �
Date
Date
20
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APPENDIX A
The classes of positions recognized by the Employer as being exclusively repfesented by the
Union are as follows:
Lead Pipefitter
General Lead Pipefitter
Master Pipefitter
Pipefitter
Pipefitter - Control Specialists
Refrigeration, Gas and Oil Serviceworker
Apprentice - Pipefitter
General Lead Pipefiitter
and other classes of positions that may be established by the Employer where the duties and
responsibilities assigned come within the jurisdiction of the Union.
APPEND�X B
Tools of the trade:
6' folding rufer
21
APPENDIX C
C1 Totat aackaqe amount. The total hourly cost to fhe Employer for wages plus arty and all
contributions or deductions siated in Appendix D of this Agreement shall not exceed the
foilowing amounts:
Pipefitter
Pipefitter-Controls Specialisi
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
General Lead Pipefitter
Effective Effective
4/26/08 4/25/09
$55.98 $58.73
$55.98 $58.73
$55.98 $58.73
Effective -
4/24/10
$61.58
$61.58
$61.58
$58.58 $61.38 $6423
$58.58 $61.38 $64.23
$59.63 $62.48 $65.33
C2 Tauable rate for emplovees covered bv PERA Pension Fund. The totai taxabie ho�rly
rate including wages and the vacation contribution in Appendix D and excluding all other
benefit costs and obligations in Appendix D, for regular and probationary employees
appoinYed to ihe following classes of positions shall be as follows:
Pipefitter
Pipefitter-Controts Specialist
Refrigerafion, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
General Lead Pipefitter
Effective Effeclive
4/26/08 4/25/09
$34.07 '
$34.07 `
$34.07
$36.50 '
$36.50 `
$37.48 `
Effective
4/24/10
..
,,.
..
t.
' The April 25, 2009, houdy rates in Appendices C2, C2A, C3 and C4 shall be detertnined at a iater date
based on the allocation agreed fo by the Employer and the Union of fhe April 25, 2009, total hourly cosf
stated in Appendix C1.
'� The April 24, 2010, houdy rates in Appendices C2, C2A, C3 and C4 shall be determined at a Iater date
based on the allocation agreed top by ihe Employer and ihe Union of the April 24, 2010, tota! hourly cast
stated in Appendiu Cf.
22
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APPENDIX C (continued)
C2A Compensation analvsis aurposes only. These figures represent the portion of the
Appendix C1 rates above specifically allocated to wages. These rates do NOT include
taxable contributions and therefore should NOT be used for ta�cable payroii cafculations.
See Appendices C2 and C3 for total taxable payroll information.
Pipefitter
Pipefitter-Controls Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
General Lead Pipefitter
C3
Effective
4/26/08
$29.19
$29.19
$29.19
$31.63
$31.63
$32.62
emqlovees not covered bv PERA pension The total taxab{e hour{y rate including
wages and the vacation contribution in Appendix D for regular and probationary
employees appointed to the following classes of positions shall be:
Pipefitter
Pipefitter-Controls Specialist
Refrigeration, Gas and
Oil Serviceworker
Lead Pipefitter
Master Pipefitter
Generaf Lead Pipefitter
Effective
4/26 08
$3628
$36.28
$36.28
$38.87
$38.87
$39.92
Effective Effective
4/25/09 4/24/10
_ ..
. ,.
Effective Effective
4/25/09 4/24/10
. ,.
. ..
. ._
..
Note: In 1997, the pension laws were changed to exciude pipefitters hired by Saint
Paul Public Schools as of January 1, 1998, from PERA coverage.
� The Aprii 25, 2009, hourly rates in Appendices C2, C2A, G3 and C4 shall be determined at a later date
based on the allocaiion agreed to by the Employer and the Union of the April 25, 2009, total hourly cost
stated in Appendix C7.
�� The April 24, 2010, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a fater date
based on the allocation agreed top by the Employer and the Union of the April 24, 2010, total hourly cost
stated in Appendix C1.
23
APPENDIX C {continued}
C4 Ta�cable rete for temaorarv emplovees. The totai taxable hourly rate including wages
and the vacation contribution in Appendix D for Temporary employees appointed to the
fo(fowing classes of positions shall be:
Pipefitter
Pipefitter-Controls Specialist
Refrigeratiort, Gas and
Oif Serviceworker
Lead Pipefitter
Master Pipefitter
Etfective
4/26/08
$36.41
$36.41
$36.41
$39.01
$39.01
Effective Effective
4125/09 4/24l10
, ,.,
. ..
. ..
, ,.
. ..
General Lead Pipefitter $40,06 ` "
C5 The basic hourly wage rates for the Apprentice class of positions:
This Section is heid open for the addition of appropriate Apprentice rates in ihe event the
Emptoyer initiates the employment of Apprentices.
If the Union elects to have the contributions iisted in Appendix D increased or decreased, the
Employer may adjust the rates in Appendix C, Sections C2 through C4 in such a way that the totai
cost of the package (wage rate plus contributions) remains constant and does not exceed the
amounts shown in Append�c C, Section C.
y The April 25, 2009, houdy rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the aliocation agreed to by the Employer and The Union of the April 25, 2009, total hourly cost
stated in Appendix C1.
*' The April 24, 2010, houdy rates in Appendices C2, C2A, C3 and C4 shall be determined af a(afer date
based on the allocation agreed top by the Employer and the Union of the April 24, 2010, total hourly cost
stated in Appendix C1.
24
b�f'��i �
APPENDIX D
Effective April 26, 2008, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by
the Employer:
(1) $5.00 per hour for ail hours worked from which al1 appropriate payroll deductions have
been made to a Union-designated Credit Union FundMlorkina Fee Fund.
(2) $7.09 per hour for aif hours worked to a Union-designated Health and Welfare Fund.
(3) $2.15 per hour for all hours worked to a Union-designaied Pre-fundina Retiree Health
and Welfare Fund.
(4) $9.67 per hour for all hours worked to a Union-designated Pension Fund.
(5) $.56 per hour for aii hours worked to a Union-designated Journevman and
Apqrenticeship Traininq Fund.
(6) $.10 per hour for all hours worked to a Union-designated international Traininq Fund.
For employees paid on Appendix C2 rates, the Employer shafl make legally
established non-negotiated pension contributions to PERA. Changes in the
mandated PERA rate may change the calculated hourly base rate of pay so the
Employer's cost does not exceed the amounts listed in C1 above.
Effective September 1, 2002, aii full-time regularty employed pipefitters will be covered under the
school districYs group long-term disability plan. The cost for this plan will be deducted from the
C1 total hourly cost. If the premium the district pays for this coverage increases or decreases
thereby increasing or decreasi�g the premium cost Sor employees, the C1 total hourly cost will be
adjusted accordingly.
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendix Ct. The Appendix D amounts shafl be fonvarded to
the Twin Citv Pipe Trades Service Association.
The Employer shaii establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shall not be eligible for, governed by or accumulate
vacation, sick leave, holiday, funeral leave or insurance fringe benefits that are or may be
established by Personnel Rules, Council Ordinance or Council Resolutions.
The Employer's fringe benefit obligation to empioyees is iimited to the contributions and/or
deductions established by this Agreement. The actual level of be�efits provided to employees
shall be the responsibility of the Trustees of the various funds to which the Employer has
fonvarded contributions andJor deductions.
25
INDEX
A
Absences From Work ................................13
C
Call Back ............................................... 9� 12
Classes of Positions ............................ t 1, 21
Court Duty Leave .......................................19
D
Discharge ..................................................15
Discipline ...................................................13
E
Emerge�cy Service Work ............................8
Employer Rights .......................................... 5
F
Failure to Report for Duty ....................13, 15
Fringe Benefit Confributions.....,....10, 11, 25
Fringe Bertefits .......................................... i 1
G
Grievance Procedure ............................16-i7
H
Holiday Work .............................................12
Holidays .....................................................12
Hourty Wage ...................................10, 22-24
Hours of Work .............................................8
L
Lead Pipefitter, Generai Lead Pipefitter and
Master Pipef'iiter .....................................11
M
Mileage ................................................10, 19
N
Non-Discrimination ....................................18
O
Overtime ......................................................9
P
PERA .........................................................25
Probationary Period .....................................7
R
Resignation ................................................ i 5
S
Seniority .....................................................14
Stand ......................................................7
Subcontracting ...........................................18
T
Temporary Employees Pay Rate.......,.10, 24
Termination ................................................15
Toois ....................................................15, 21
U
Union Rights ................................................6
Union Steward .............................................6
W
Wages ............................................10, 72-24
Work Location ............................................10
Work On A Designated Holiday .................12
Work Week ..................................................8
Workday ......................................................8
�
INDEPENDENT SCHOOL DISTRICT NO. 625 r/
BOARD OF EDUCATION v't' �
SAINT PAUL PUBLlG SGHOOLS
DATE: July 15, 2008
TOPIC: Approval of an Employment Agreement with United Association of
Piumbers, Local Union No. 34, to Establish Terms and Conditions of
Employment for 2008-20i 1
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2��8 through April 30, 201 l.
2. Contract changes are as follows:
Waaes: Wage and benefit changes reflect prevaiii�g wage for the industry.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has six regular F.T.E. in this bargaining unit.
5. This item will meet the District target area goal ot aligning resource allocation to District
priorities.
6. 7his request is submitted by Wayne Arndt, NegotiationslEmpioyee Relations Manager;
Teresa C. Rogers. Executive Director of Human Resources/Employee Relations; Patrick
Quinn, Executive Director of Plant Planning and Maintenance; Hitesh Haria, Chief Operations
Officer; and Lois Rockney, Chief Business Officer.
B. RECOMMENDATION:
That the Board of Education of Independent School District No. 625 approve and adopt the
Agreement concerning the terms and conditions of employment of those employees in this school
district for whom United Association of Plumbers, Local Union No. 34 is the exclusive
representative; duration of said Agreement is for the period of May 1, 2008 through April 30, 2011.
o�� ��/
2oos - Zo1 �
Maintenance Labor Agreement
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRiCT NO. 625
and
United Association of Plumbers
Locai 34
1, 2008 through April 30, 2011
*
�� . ' .
, ��
A World ui �PPortunities'
Saint Paul
Pueuc 5exau�s
�
SAINT PAU� PUBLIC SCHOOLS
Independent School District No. 625
Board of Education
Kazoua Kong-Thao
Elona Street-Stewart
Tom Conion
Chair
Vice-Chair
C)erk
Tom Goldstein
John Brodr�ck
Anne Carroll
Keith Hardy
Treasurer
Director
Director
Director
TABLE OF CONTENTS
ARTICLE
Article 7.
Articie 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
ARicle S.
Article 9.
Article 10.
Article 11.
Article 12.
Article 53.
Article 14.
Article 15.
Artic(e 16.
Articfe 17.
Article 18.
Article 19.
Article 20.
Ar[icle 21.
Article 22.
Article 23.
Article 2A.
Article 25.
Article 26.
Article 27.
Article 28.
Article 29.
Article 30.
Article 31.
r�-�31
TITLE PAGE
P reamble .............................................................................................................................4
Purpose ............................................................................................................................... 5
Recognition ......................................................................................................................... 5
EmployerRights ..................................................................................................................5
Union Rights .......................................................................................................................6
Scope of the Agreement .....................................................................................................6
Probationary ......................................°-°---............................................................7
Philosophy of Employment Md Gompensation ..................................................................7
Hours Work .....................................................................................................................8
Overtime .............................................................................................................................8
Call Back .............................................................................................................................9
W ork Location .....................................................................................................................9
W ages .................................................................................................................................9
FringeBenefits ..................................................................................................................10
Selection of Lead Plumber ................................................................................................10
Holidays............................................................................................................................ t t
Disciplinary Procedures .................................................._......................._.......................12
Absences Work.....°-° .............................................................................................12
Seniority............................................................................................................................13
Jurisdiction ........................................................................................................................14
Separation.........................................................................................................................14
Tools.................................................................................................................................14
Grievance Procedure ........................................................................................................15
Right Subcontract .........................................................................................................17
Nondiscrimination .............................................................................................................17
Severability .......................................................................................................................17
W aiver ............................................................................................................................... t 7
Mileage ............................................................................................................................. t S
Safety ................................................................................................................................18
Legal Services ..................................................................................................................19
Court Duty Leave ..............................................................................................................19
Durationand Pledge .........................................................................................................20
AppendixA......._...._...._ ............................
Appendix ................................................
Appendix ................................................
Appendix ................................................
In d e x ...............................................................
..........21
...........21
. 22,23
...........2A
...........25
3
PREAMBLE
This Agreement is entered into between Independent School District No. 625, hereinafterreferred
to as the Employer, and the United Association Plumbers Local 34, hereinafter referred to as the
Union.
7he Empioyer 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 Union both realize that this goaf depends not only on the words in the
Agreement trut rather primarily on attitudes between people at all levels of responsibility.
Constructive aftitudes of the Employer, the Union, and the individua( empioyees wilf best senre the
needs of the genera! public.
V"( �°/"/ �
ARTICLE 1. PURPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderiy and peaceful refations, thereby establishing a system of
u�interrupted operations and the highest level of empioyee performance that is
consistent with the safety and weil being of a!I concerned;
1.12 Set forth rates of pay, hours of work, and other conditions of employment as have
been agreed upon by the Employer and the Union;
1.1.3 Establish procedures to orderiy and peacefiully resoive disputes as to the
application or interpretation of this Agreement without loss of manpower
productivity.
12 The Employer a�d the U�ion agree that this Agreement serves as a supplement to
legislation that creates and directs the Employer. If any part of this Agreement is in
conflict with such legislation, the latter shall prevaii. 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 coilective
bargaining purposes for all personnel having an employment status of regular,
probationary, and temporary empfoyed in the classes of positions defined in 22 as
certifiied by the Bureau ofi Mediation Services in accordance with Case No. 91-PCL-2011
dated July 25, 1990.
2.2 The ciasses of positions recognized as being exclusivety represented by the Union are as
listed in Appendix A.
ARTICLE 3. EMPLOYER R{GHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities, and
equipment; to establish functions and programs; to set and amend budgets; to determine
the utilization of technology; to establish and modify the organizational structure; to select,
direct, and determine the number of personnef; and to pertorm any inherent managerial
function not specificaily limited by this Agreement.
3.2 Any `Yerm or condition of employmenY' not established by this Agreement shall remain
with the Empfoyer to eliminate, modify or establish foilowing written notification to the
Union.
ARTICLE 4. UNION RIGHTS
4.1 The Employer shali deduct from the wages of employees who authorize such a deduction
in writing an amount necessary to cover monthiy Union dues. Such monies deducted
sfiall be remitted as directed by the Union.
4.i.i The Employer shall not deduct dues from the wages of employees covered 8y
this Agreement for any other labor organization.
4.12 The Union shail indemnify and save harmiess the Employer from any and ait
ciaims or charges made against the Employer as a result of the impiementation
of this Article.
42 The Union may designate one (1) employee from the bargaining unit to act as a Steward
and shall inform the Employer in writing of such designation. Such employee shail have
the right and responsibitities as designated in Article 22 (Grievance Procedure).
4.3 Upon notiiication to a designated Employer supervisor, the Susiness Manager of the
Union or fhe designated representative shalf be permitted to enter the facitifies of the
Employer where empioyees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establ'�shes the "terms and conditions of employmeni' defined by
M. S. 179A.03, Subdivision 49, for all employees exciusively represented by the Union.
This Agreement shall supersede such �terms and conditions of employmenY' established
by Civil Service Rule, Council Ordinance, and Council Resolution.
b�����
ARTICLE 6. PROBATIONARY PERIODS
6.1 All personnei, originally hired or rehired following separation, in a regular employment
status shai4 serve a six (6)-month probationary period during which time the employee's
iitness and ability to per(orm the class of positions' duties and responsibilfties shall be
evaluated.
6.1.1 At any time during the probationary period an employee may be terminated at the
discretion of the Employer without appeal to the provisions of Article 22
(Grievance Procedure).
6.1.2 An employee terminated during the probationary period shali receive a written
notice of the reason(s) for such termination, a copy of which shail be sent to the
Union.
62 All personnel promoted to a higher class of positions shall serve a six (6)-month
promotio�al probationary period during which time the employee's fitness and ability to
perform the class of positions' duties and responsibilities shall be evaluated.
62.1 At any time during the promotional probationary period an employee may be
demoted to the employee's previously-held class of positions at the discretion of
the Employer without appeai to the provisions of Article 22 (Grievance
Procedure).
62.2 An employee demoted during the promoiionaf probationary period shall be
returned to the employee's previously held class of positions a�d shall receive a
written notice of the reasons for demotion, a copy of which shall be sent to the
Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT ANp COMPENSATION
7.1 The Employer and the Union are in full agreement that the philosophy of employment and
compensation shall be a"cash" hourly wage and "industnf' fringe benefit system.
72 The Employer shall compensate employees for all hours worked at the basic hourly wage
rate and hourry fringe benefit rate as tound in Articfes 12 (Wages) and Article 13 (Fringe
Benefits).
7.3 No other compensation or fringe benefit shali be accumulated or earned by an employee
except as specificaliy provided for in this Agreement.
7
ARTICLE 8. HOURS OF WORK
8.1 The normaf workday shall be eight (8} consecutive hours per day, excluding a thirty (30)-
minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal workweek shall be five (5) consecutive normal workdays Monday through
Friday. -
8.3 If, during the term of this Agreement, it is necessary in the Employer's judgment to
establish second and third shifts or a workweek of other than Monday through Friday, the
Union agrees to enter into negotiations immediately Yo establish the conditions of such
shifts and/or workweeks.
8.4 This section shaii not be construed as, and is not a guarantee of, any hours of work per
normal workday or per normal workweek.
8.5 All employees shall be at the location designated by their supervisor, ready for work, at
the established starting time and shali remain at an assigned work location until the end of
the established workday unless othervvise directed by their supervisor.
8.6 All empioyees are subject to call back by the Employer as provided by Article 10 (Call
Back).
8.7 Employees reporting for work at the estabiished starting time and for whom no work is
available shali receive pay for two (2) hours, at the basic hourly rate, unless notification
fias been given not to report for work prior to teaving home, or during the previous
workday.
ARTICLE 9. OVERTIME
9.1 Time on the payroil in excess of the normal hours seY forYh above shall be "overtime worK'
and shalt be done only by order of the head of the department. An employee shail be
recompensed for work done in excess ot the normal hours by being grartted
compensatory time on a time and one-haif basis or by being paid on a time and one-half
basis for such overtime work. The basis on which such overtime shall be paid shalt be
determined solely by the Employer.
9.2 The rate of one and one-half (1-1/2) the basic hourly rate and fringes sF�alt be the
overtime rate for work pertormed under the following circumstances:
92.1 Time worked in excess of eight (8) hours in any one normal workday, and
9.22 Time worked in excess of 40 hours in a seven (7)-day period.
9.3 For the purpose of calculating overtime compertsation, overtime hours worked shall not
be "pyramided," compounded or paid iwice for the same hours worked.
9.4 Overtime hours worked as provided by this Article shall be paid in cash or compensatory
time as determined by the Employer.
b Y�� ��
ARTICLE 10. CALL BACK
10.1 The Employer retains the right to call back empioyees before an employee has started a
normai workday or normal workweek and after an employee has completed a normal
workday or normai workweek.
l02 Employees cafled 6ack shafl receive a minimum of four (4) hours of pay at the basic
hourly rate.
10.3 The hours worked based on a call back shall be compensated in accordance wiih
Article 9(Overtimej, when applicable, and subject to the minimum established by 10.2
above.
10.4 Employees called back four (4) hours or {ess prior to their normal workday shall complete
the normai workday and be compensated oniy for the overtime hours worked in
accordance with Article 9 jOvertime).
ARTICLE 11. WORK LOCATION
11.1 Empioyees shafi report 10 work locations as assigned by a designated Employer
supervisor. During the normal workday, empioyees may be assigned to other work
locations at the discretion of the Employer.
1 i.2 Employees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be
compensated tor miieage as set forth in Article 27 (Mileage).
ARTICLE 12. WAGES
12,1 The basic hourly wage rates as established by Appendix C shail be paid for all hours
worked by an employee.
12.2 Regular employees shail be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contributions and/or deductions made on their behalf as provided for
by Article 13 (Fringe Benefits).
12.3 Temporary employees shall be compensated in accordance with Article 12.1 {N/ages)
and have fringe benefit contributions andJor deductions made in their behalf as provided
for by Articie 13 (Fringe Benefits).
�
ARTICLE 13. FRINGE BENEFITS
13.1 The Employer shall make contributions on behalf of and/or make deductions from the
wages of employees covered by this Agreement in accordance wiih Appendix D for all
hours worked.
132 Temporary, probationary, and regular employees sfiall be efigihle for a paid holiday for
Labor Day, the first Monday in September.
13.3 The Employer wiii for the period of this Agreement provide, for those empioyees who
were eligibte for the EmptoyePs Heatth and Wetfare Plan and who have retired since
September 1, 1974, such health insurance premium contributions up to tfie same dollar
amounts as are provided by the Employer at the date of early retirement and the cost of
premium contributions toward $5,000 life insurance coverage until such employees reach
sixty-five (65) years of age.
In order to be eligible for the premium contributions under the provision 13.3 and 13.4 the
employee must:
13.3.1
13.3.2
Be receiving benefits from a public employee retiree act at the time of
retirement.
Have severed the empioyment relationship with the City of Saint Paul andlor
Independent School DistricY No. 625 under one af the eariy retiree plans.
13.3.3 Inform the Human Resource Department of Independent Schoo( Disfrict
No. 625 and Human Resources Office of the City of Saint Paul in writing within
sixty (60) days of empioyee's early retiremenY date thaY he or she wishes to be
eligible for eariy retiree insurance benefits.
13.4 For an employee who retired before the execution of this Agreement at age sixiy-five (65)
or later and who meets the criteria in 13.3, or for early retirees who qualified under 13.3
and have reached age si�cty-five (65) after retirement, the Employer will provide payment
of premium for a Medicare suppiemertt health coverage policy selected by the Employer.
ARTICLE 14. SELECTION OF LEAD PLUMBER
14.1
142
14.3
14.4
The selection of personnel for the ciass of positions Lead Piumber shail remain solely
with the Empioyer.
The class of positions Lead Plumber shall be fiiled by employees of the bargaining unit on
a'Yemporary assignment"
All "temporary assignments" shall be made only at tfie direction of a designated Employer
supervisor,
Such `Yemporary assignments" shall be made only in cases where the class of positions is
vacant for more than one (7 ) normal workday.
10
09��3 �
ARTICLE 15. HOLIDAYS
15.1 The following nine (9) days shall be designated as unpaid holidays (except Labor Day as
noted in Article 132):
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday In January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
15.2 When New Year's Day, Independence Day or Christmas Day falls on a Su�day, the
following Monday shall be considered the designated holiday. When any of these three
(3) holidays falls on a Saturday, the preceding Friday shail be considered the designated
holiday.
15.3 The nine (9) holidays shall be considered non-workdays.
15.4 If, in the judgment of the Employer, personnel are necessary Sor operating or emergency
reasons, employees may be scheduled or "called back" in accordance with Article 10 (Call
Back).
15.5 Employees ca{led 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 Martin Luther King, Jr. Day or Presidents' Day falis 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 a day determined by agreement between
the employee and his supervisor.
15.7 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is not in session, that day wilf normally be an unpaid holiday. If the Employer
schedules work on such days, employees will be offered an opportunity to work that day
at the straight-time rate and will not be required to take another day oft to replace the
hoiiday. If the employee is called in on such day, they wili be called in accordance with
Article 10 and paid as in 15.5.
15.8 In order to be eligibie for holiday pay for the Labor Day Holiday, employees who are on
active payroll status preceding and following the Labor Day Holiday shall receive pay for
ihe Labor Day Holiday.
15.9 Employees working on Labor Day shall be recompensed for work done on this day by
being granted compensatory time on a time and one-half basis or by being paid on a time
and one-haif basis for such hours worked, in addition to the regular pay.
11
ARTICLE 16. DISCIPLINARY PROCEDURES
16.1 The Employer shail have the right to impose disciplinary actions on employees for just
cause,
162 ' Disciplinary actions by the Employer shall include only the following actions:
162.i Oral reprimand;
762.2 Written reprimand;
162.3 Suspension;
162.4 Demotion;
162.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain ali rights under
Minnesota Statute § 179A20, Subd. 4, and thereby shall have the right to request that
such actions be considered a`grievance" for fhe purpose of processing through the
provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the
employee's behalf initiates review of an action, that matter shall not again be reviewed in
another forum. Oral reprimands shall not be subject to the grievance review process.
ARTICLE 17. ABSENCES FROM WORK
17,1 Employees who are unabie to report for their normal workday have the responsibility to
notify their supervisor of such absence as soon as possible, but in no event later than the
beginning of such workday.
172 Failure to make such notffication may be grourtds for discipline as provided in Article 16
{Disciplinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normal workdays
may be considered a"quit" by the Employer ort the part of the emptoyee.
12
�����f
ARTICLE 18. SENIORITY
18.1 Effective May 1, 1993, for the purpose of this Article, the terms shall be defined as
follows:
18.1.1 The term, °Employer,° shall mean Independent School Disirict No. 625, Saint
Paul Public Schools.
18.12 The term, "Master Seniority," shail mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to any class title with the Employer covered by this Agreement.
18.7.3 The term, "Class Seniority' shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to a position with the Employer in a class title covered by this
Agreement.
This section 18.1.3 is intended to mean that on or after May 1, 1993, an
employee who is newly hired to the Employer (District), no matter what the
person's prior experience or how hired by the District, will have his/her class
seniority start at zero on the day of appointment to a School District position in
that title and seniority will begin to be calculated from that date. An employee's
Class Seniority does not revert to zero foilowing recall from an Employer initiated
layoff within the twenty-four (24) month recall rights period specified in 18.4. This
definition of class seniority will be used for all layoff decisions.
18.2 Seniority shall not accumulate during an unpaid ieave of absence, except when such a
leave is granted for a period of Iess than thirty (30) calendar days; is granted because of
iliness or injury; is granted to allow an employee to accept an appointment to the
unclassified service of the Employer or to an elected or appointed full-time position with
the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce,
employees wi{I be laid off by class title within each Department based on inverse length of
"Class Seniority." Employees laid off by the Employer shall have the right to
reinstatement in any Iower-paid class title previously held which is covered by this
Agreement, provided the employee has greater "Cfass Seniority" than the emp(oyee being
replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights
shail expire after twenty-four (24) months from the last day of work preceding the layoff.
No other Civil Service recall rights to this Employer shall apply. This provision does not
address any rights the employee may have to be recalled to any other employer.
18.5 The selection of vacation periods shall be made by class title based on length of "Class
Seniority," subject to the approval of the Employer.
13
ARTICLE 19. JURISDICTION
19.1 Disputes conceming work jurisdiction between and among a union is recognized as an
appropriate subject to determination by the various unions representing empfoyees of fhe
Employer.
19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual
agreements between the unions involved. -
19.3 In the event of a dispute conceming the performance or assignment of work, the unions
involved and the Employer shall meet as soon as mutually possibie to resolve the dispute.
Nothing in fhe foregoing sha(f restrict the right of fhe Employer to accomplish the work as
originaily assigned pending resolution of the dispute or to restrict the Employer's basic
right to assign work.
19.4 Any employee refusing to perform work assigned by the Employer and as ciarified by
Sections 'l9.2 and 19.3 above shall be subjeci to disciplinary action as provided in
Articie 16 (Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resultirtg from a
work assignment.
ARTICLE 20. SEPARATION
20.1 Employees having a probationary or regular employment status shall be considered
separated from employment based on the following actions:
20.i.1 Resiaoation. Employees resigning from employment shall give written notice
fourteen (14) calendar days prior to the effective date of the resignation.
20.1.2 Discharqe. As provided in Article 16.
20.1.3 Failure to Report for DuN. As provided in Article 17.
20.2 Empioyees having a temporary employment status may be terminated at the discretion of
the Employer before the completion of a normal workday.
ARTfCLE 2i. TOOLS
21.1 All employees shali personaliy provide themselves with the tools of the trade as listed in
Appendix B.
14
D9���I
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shall recognize Stewards selected in accordance with Union rules and
regulations as the grievance representative of the bargaini�g 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 accepted by the Empioyer and ihe Union that the processing of
grievances as hereinafter provided is limited by the job duties and responsibilities of the
employees and sha!! therefore be accomplished during working hours only when
consistent with such employee duties and responsibilities. The Steward involved and a
grieving employee shall suffer no loss in pay when a grievance is processed during
working hours, provided the Steward and the empioyee have notified and received the
approval of their supervisor to be absent to process a grievance and that such absence
would not be detrimental to the work programs of the Employer.
22.3 The procedure established by this Articie sha11, except as previously noted in Article 16
(DiscipAnary Procedures), be the sole and exclusive procedure, for the processing of
grievances, which are defined as an alleged violation of the terms and conditions of this
Agreement.
22A Grievances shaR be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged violation of this Agreement, the employee
involved shall attempt to resolve the matter on an informal basis with the
employee's supervisor. If the matter is not resolved to the employee's
satisfaction by the informal discussion, it may be reduced to writing and
referred to Step 2 by the Union. The written grievance shall set forth the nature
of the grievance, the facts on which it is based, the alleged section(s) of the
Agreement violated, and the relief requested. Any alleged violation ot ihe
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, sha11 be considered waived.
Step2. Within seven (7) calendar days after receiving the written grievance, a
designated Employer Supervisor shali meet with the Union Steward and
attempt to resolve the grievance. If, as a resuit of this meeting, the grievance
remains unresofved, the Employer shaff reply in writing to the Union within three
(3) calendar days foilowing 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 foliowing receipt of the Employer's answer shall
be considered waived.
15
ARTICLE 22. GRIEVANCE PROCEDURE {continued)
Steo 3. Within seven (7j calendar days foliowing receipt of a grievance referred from
Step 2, a designated Employer Supervisor shall meet wiih the Union Business
Manager or a designated representative and attempt to resolve the grievance.
W ithin seven (� calendar days foliowing this meeting, the Employer shali reply
in writing to the Union stating the Employer's answer conceming the grievance.
If, as a resuft of the written response, the grievance remains unresolved, the
Union may refer the grievance to Step 4. Any grievance not referred in writing
by the Union to Step 4 within seven {7) calendar days following receipt of the
Empioyer's answer shaii be considered waived.
Stea 4. If She grievance remains unresolved, the Union may within seven (� calendar
days after the response of the Employer in Step 3, by written notice to the
Employer, request arbftration of the grievance. The arbitration proceedings
shali be conducted by an arbitrator to be selected by mutual agreement of the
Employer and the Union within seven (� calendar days after notice has been
given. If the parties faii to mutually agree upon an arbitrator Nrithin the said
seven (�-day period, either party may request the Bureau of Mediation
Services to submit a panel of five (5) arbitrators. Both the Employer and the
Union shall have the right to strike two (2) names from the panel. The Union
shall strike the first (ist) name; the Employer sha(f then strike one (1j name.
The process will be repeated and the remaining person shall be the arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from
the provisions of this Agreement. The arbitrator shall consider and decide only the
specific issue submitted in writing by tfie Emp(oyer and fhe Union and shaff have no
authority to make a decision on any other issue not so submitted. The arbitrator shal! be
without power to make decisions contrary to or inconsistent with or modifying or varying in
any way the appiication of laws, rules or regulations having the force and effect of law.
The arbitrator's decision shall be submitted in writing wfthin thirry (30) days following close
of the hearing or the submission of briefs by the parties, whichever be iater, unless the
parties agree to an e�ension. The decision shall tre based solely on the arbitrato�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.
22.6 The fees and expenses for the arbitrator's services and proceedings shall be bome
equalry by the Employer and the Union, provided that eaCh party shall be responsible for
compensating its own representative and witnesses. If either party desires a verbatim
record of the proceedings, it may cause such a record to be made, providing it pays for
fhe record.
22.7 The time limits in each step of this procedure may be extended by mutual agreement of
the Employer and the Union.
�:
b �, �� I
ARTICLE 23. RIGk{T 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
shall give the Union a ninety (90)-calendar day notice of the intention to subcontract.
23.2 The subcontracting of work done by the employees covered by this Agreement shali in all
cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 24. NONDISCRIMINATION
2A.1 Tfie terms and conditions of this Agreement will be applied to employees equally without
regard to or discrimination for or against, any individual because of race, color, creed,
sex, age or because of inembership or nonmembership in the Union.
24.2 Employees will pertorm their duties and responsibilities in a nondiscriminatory manner as
such duties and responsibilities invoivs other employees and the general public.
ARTICLE 25. SEVERABI�ITY
25.1 In the event that any provision(s) ofi 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 efifect.
25.2 The parties agree to, upon written notice, enter into negotiations to place the voided
provisions of the Agreement in compliance with the legisiative, administrative or judiciai
determination.
ARTICLE 26. WAIVER
26.1 The Empioyer and the Union acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with
respect to any subject concerning the terms and conditions of employment. The
agreements and understandings reached by the parties after the exercise of this right are
fully and completely set forth in this Agreement.
262 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 condition of
employment whether specifically covered or not specifically covered by this Agreement.
The Union and Employer may, however, mutually agree to modify any provision of this
Agreement.
26.3 Any and aii prior ordinances, agreements, resolutions, practices, poiicies, and rules or
regulations regarding the terms and conditions of employment, to the e�ctent they are
inconsistent with this Agreement, are hereby superseded.
17
ARTICLE 27. MILEAGE
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for tF�e use of their automobiles for school business. The mileage alfowance
for eligible employees shall be establ7shed at the discretion of the Board. According to
Board Policy, the rate will be adjusted every July 1 to conform to IRS allowable rates.
M empfoyee must keep a record of each trip made. Reimbursemenf shatt be for the -
actual mileage driven in the pertormance of assigned duties as verified by the appropriate
school district administrator and in accordance with Schooi District Business Office
policies and procedures.
ARTICLE 28. SAFETY
28.1 Accident and injury-free operations shall be the goal of the Employer and employees. To
this end, the Employer and employees will, to the best of their abil'ity, abide by and live up
to the requirements of the several state and federal Construction Safety Codes and
Regulations.
28.2 To this end, the Employer shall from time to time issue rules or notices to his employees
regarding on-the-job safety requirements. Any employee violating such rules or notices
shatl be subject to discipiinary action. h10 empioyee may be discharged for refusing to
work under unsafe conditions.
28.3 Such safety equipment as required by governmental regulations shall be provided without
cost to the employee, At the Employers option, the employees may be required to sign
for safety equipment and shall be obligated to retum same upon discharge, layoff, quit or
other termination in comparable condition as when issued, providing reasonable wear and
tear. The Empioyer shall have the right to withhold the cost of such safeiy equipment if
rtot retumed.
28.4 The Employer agrees to pay $60.00 toward the cost of each pair of safety shoes
purchased by an employee who is a member of this unit. The Empioyer shalf contribute
for the cost of up to one pair of shoes per year and shall not be responsible for any
additionai cost for any additional shoes thereafter. This reimbursement of $60.00 per pair
of shoes shall be made only after investigation and approval by the immediate supervisor
of fhat emp(oyee. Tfiis $60.00 per pair of shoes confribufion to be made by tfie Empfoyer
shall apply to those employees who must wear protective shoes or boots tor Their
employment.
18
D����
ARTICLE 29. LEGAL SERVICES
29.1 Except in cases of maifieasance in office or willfui or wanton neglect of duty, or
indifference to rights of others, the Employer shali defend, save harmless, and indemnify
an employee against tort claim or demand, whether groundless or otherv✓ise, arising out
of alleged acts or omission occurring in the pertormance or scope of the employee's
duties.
292 Notwfthstanding the provisions of Section 29.1, the Employer shall not be required to
defend or indemnify any employee against personal liability or damages, costs or
expenses
(a) resulting from a ciaim, suit, verdict, finding, determination or judgment that the
employee has committed an intentional tort or torts, including but not limited to
slander, libel, and/or other defamatory harms; or
(b) arising out of cross claims, counterclaims, affirmative defenses and/or separate
actions brought against such employee in response to or resulting from cfaims,
aiiegations, demands or aetions (whether or not litigation was actually commenced)
brought, made or instituted by such employee.
29.3 Notwithstanding the provisions of Section 29.1 or 29.2, the Employer may at its sole
discretion defend an empfoyee against allegations, claims, demands or actions wholly or
in part based on or arising out of claimed intentional torts, and in such cases, the
employee consents to the extent lawfully permitted to such representation without regard
to actual or potentiai conflicts of interest.
29.4 Each employee, within twenty (20) days after receiving notice of
(1) a tort claim or demand, action, suit or proceeding against him or her,
(2) a judgment, verdict, finding or determination, either of which arises out of alleged or
found acts or omissions occurring in the pertormance or scope of the employee's
duties, shall notity the Employer by giving written notice thereof to the Employer's
General Counsel.
ARTICLE 30. COURT DUTY LEAVE
30.1 Court Cases. Any employee who is duly subpoenaed as a witness in any case in court
shalf be entitied to leave with pay for that purpose ptovided that the empioyee is not a
party in the case, and provided that the case is not the result of litigation undertaken by
the empioyee or the Union against the District. In cases where the Board is a party in the
litigation, the employee shall be entitled to pay while attending as a witness at the request
of the Board or as a co-defendant in the case.
3�.2 Required Jurv Dutv. Any employee who is required to serve as a juror shall be granted
leave with pay while serving on jury duty contingent upon the employee paying to the
Board any fees received, minus travel allowance, for such jury service. The employee
may seek to be excused from jury duty.
19
ARTICIE 31. DURATION AND PLEDGE
31.1 This Agreement shali become effective as of the date of signing, except as sp�cally
provided othervvise in fhis Agreement and shall remain in effect through the 30th day of
April 2011, and continue in effect from year to year thereafter unless notice to change or
to terminate is given in the manner provided in 312.
312 If edher party desires to terminate or modify this Agreement effective as of the date of
expirafion, the party wishing to modify or tertninate the Agreement shall give written notice
to the other party, not more than ni�ety (90j w less than socty (60) calendar days prior to
the eupiration date, provided thai the Agreement may only be so terminated or mod�ed
effective as of the expiration date,
31.3 In consideration of the terms and conditions of employment estabiished by this
Agreement and the recognition tFiat the Grievance Procedure herein established is the
means by which grievances conceming its appiication or irtterpretation may be peacefuliy
resolved, the parties hereby pledge that during the term of the Agreement:
31.3.1 The Union and the empioyees wiil not engage in, instigate or condone any
conceRed action in which employees fail to report for duty, willfully absent
themselves from work, stop work, slow down their work or absent themsefves
in whole or part from the fulf, faifhful performance of their duties of empioyme�t.
31.32 The Employer will not engage in, ins5gate or condone any lockouY of
employees. '
31.3.3 This constitutes a tentative Agreement between the parties that wiii be
recommended by the Negotiations/Labor Relations Manager, but is subject to
the approval of the Board of Education, and is atso subject fo ratificafion by the
Union.
The parties agree and attest that this Agreement represents the fWl and complete understandi�g
of the pazties for the period of time herein spec'rfied by the signature of the following
representatives for the Employer and the Union.
W ITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 62�
Chair, Bo rd of Educatio
f� �.,�, ��.�
Negotiations/Empioyee Relations Manager
UNITED ASSOCIATION OF PLUMBERS
LOCAL NO. 34
�
Business Manag
�- �-�-� �
Date
1U�2 t �Zao�
Date
20
0�1 ���
APPENDIX A
The classes of positions recognized by the Employer as being excfusively represented by
the Union are as follows:
Apprentice - Plumber
Plumber
Lead Plumber
and other classes of positions that may be established by the Employer where the duties and
responsibilities assigned come within the jurisdiction of the Union.
APPENDIX B
7ools of the trade:
6' Folding rule
21
APPENDIX C
C1 The total hourly cost to the Employer for wages plus any and all contributions or
deductions stated in Appendix D of this Agreement shall not exceed the following amounts:
Plumber
Lead Plumber
Effective Effective
4/26/O8 4/25/09
$54.50 $56.90
$57.10 $59.55
Effective
4/24/7 0
$59.50
$62.20
C2 The total taxable hourly rate including wages and the vacation contribution in Appendix D
and excluding all other benefit costs and obiigations in Appendiu D, for regular and probationary
employees who are subject to PERA and who are appointed to the following classes of positions
shall be as follows:
Effective
4/26/08
PWmber
Lead Plumber
Effective Effective
4/25/09 4/24/10
$34.66
$37.10
„
C2A The basic hourly wage rates in this Appendix (C2A) are for compensation analvsis
�umoses onlv. These figures represent the portion of the Appendix C1 rates above specifically
allocated to wages. These rates do NOT include taxabie contributions and therefore should NOT
be used for taxable payroll calculations. See Appendix C2 above for total taxable payroll
information.
Effective Effective
4/26/08 4/25/09
Plumber
Lead Plumber
$29.78
$3222
..
� The Aprit 25, 2009, hourly rates in Appendices C2, C2A, C3 and C4 shatl be determined at a fater date
based on the allocafion agreed to by the Employer and the Union of the Apri! 25, 2009, total hourly cost
stated in Appendix C1.
° The �oril 24, 2010, houdy retes in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocatian agreed top by the Employer and the Union of the April 24, 2010, total hourly cost
stated in Appendix C1.
Effective
4/24/10
22
b�����
APPEND{X C (continued}
C3 The total t�abie hourly rate including wages and the vacation contribution in AQpendix D
for temporary employees appointed to the following classes of positions shall be:
Effective
4/26/08
Piumber
Lead Piumber
$36.91
$39.51
C4 The total ta�cabie houriy rate incfuding wages and the vacation contribution in Appendix D
for regular and probationary empioyees who are not subject to PERA and who are appointed to
the following classes of positions shafl be:
Effective
4/26(08
Plumber
Lead Plumber
$36.91
$39.51
C5 The basic hourly wage rates for the Apprentice class ot positions:
Apprentice
0
7
13
19
25
31
37
43
49-
55
- 6 months..........,
- 12months....,....
- 18 months .........
- 24months.........
- 30months.........
- 36 months .........
- 42 months .........
- 48 months .........
- 54 months.........
- 60 months .........
....................... 50°Jo of Plumber rate
.......................55% of Plumber rate
........................60% of Pfumber rate
........................65% of Plumber rate
........................ 70°fo of Plumber rate
........................75% of Plumber rate
........................ 80°!0 of Plumber rate
........................85% of Plumber rate
........................90% of Plumber rate
........................95% of Plumber rate
The total compensation (wages and fringes) received by employees covered by this Agreement shall be
equivalent in money to the total package paid by the Employer to employees in comparable classifications
in the Agreement between Local 34 and the Twin Cities Piping Industry Association.
The total package cost shall exclude any costs oi payments made for industry promotion andlor
advertisement or any other purposes not directly and clearfy beneficial to the public employer.
ln the event Local 34 and any plumbi�g contractor affiliated or not affiliated with the Twin Cities Piping
Industry Association and doing business in the seven-county metropolitan area agree to a total commercial
package different from the above total commercial package and which is less than the above tot81
package, such differences shall be immediately app�icable to the total compensation paid to employees
covered by this Agreemeni.
� The April 25, 2009, hourfy rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agreed to by the Employer and the Union of the April 25, 2009, total hourly cost
stated in Appendix Ci.
� The April 24, 2010, hourly rates in Appendices C2, C2A, C3 and C4 shall be determined at a later date
based on the allocation agraed top by the Employer and the Union ot the April 24, 2010, total hourly cost
stated in Appendix Ci .
Effective Effective
4/25/09 A/24/10
Effective Effective
4/25/09 4/24/10
23
APPENDIX D
Effective Apri( 26, 2008, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by
the Employer:
(1) $4.88 per hour for all hours worked by regular employees from which ail appropriate
payroll deductions have been made to a Union-designated Credit Union Vacation Fund. -
$4.13 per hour for ali hours worked by temporary employees from which all appropriate
payroll deductions have been made to a Union designated Credit Union Vacation Fund.
(2) $729 per hour for all hours worked to a Union-designated Health and Weifare Fund.
(3) $4.73 per hour for all hours worked to a Union-designated Pension Fund.
(4) $3.00 per hour for all hours worked to a Union-designated Annuitv Fund.
(5) $2.15 per hour for all hours worked to a Union-designated Retiree Health Trust.
(5) $.32 per hour for all hours worked to a Union-designated Journevman and Apprenticeship
Traininp Fund.
(6) $.10 per hour for ali hours worked to a Union-designated Intemational Traininq Fund.
The Employer shail make legally established non-negotiated pension contributions to
PERA. Changes in the mandated PERA rate may change the calculated hourly base rate
of pay so the employers cost does not exceed the amounts listed in Appendix C1 above.
All contributions made in accordance with this Appendix D shall be deducted from and are not in
addition to the amounts shown in Appendi�c C1. The Appendix D amounts shall be forwarded to
the Twin Ciiv Pipe Trades Service Association_
The Employer shall establish Workers' Compensation and Unemployment Compensation
programs as required by Minnesota Statutes.
Employees covered by this Agreement shall not be eligible for, governed by or accumulate
vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be
established by Personnel Rules Counci! Ordinance or Council Resolufions.
The Employe�'s tringe benefit obligation to employees is limited to the contributions and/or
deductions established by this Agreement. The actual level of benefiYS provided to employees
shall be the responsibiliiy of the Trustees of the various tunds to which the Empioyer has
fonvarded contributions and/or deductions.
24
A
Absences From Work ...............................12
Apprentice Wage Rates ............................23
C
Cail Back ..................................................... 9
Classes of Positions .................................. 21
Court Duty Leave ...................................... 19
D
Depositories As Directed by the Union ..... 24
Disch arge .................................................. 14
Discipl ................................................... 12
Dispute Concerning the Performance or
Assignment of Work .............................. 14
E
Employer Rights .......................................... 5
F
Failure to Report for Duty .......................... 14
Fringe Benefits .......................................... 10
G
G ri evan ce .................................................. 15
H
Health Insurance Premium Contributions. 10
Holiday Pay ............................................... 11
Holiday Pay for the Labor Day Holiday...,.. 11
Holidays ..................................................... 11
Hourly Rate of Pay .................................... 22
Ho�rs of Work ............................................. 8
J
Job Safety Requirements .......................... 18
Jurisdiction ................................................ 14
L
Lead Plumber ............................................ 10
Legai Services ........................................... 19
INDEX
25
0�-�31
M
Mileage ......................................................18
N
Nondiscrim ination ......................................17
0
Overtime ...................................................... 8
P
Probationary Periods ...................................7
R
Resignation ...............................................14
S
Safety ........................................................ i 8
Sen iority .....................................................13
Separation From Employment ...................14
Severability ................................................17
Subcontracting ..........................................17
T
Tools....................................................14, 21
U
UnionRights ................................................6
W
Wage Rates ..............................................22
W ages ......................................................... 9
Waiver .......................................................17
W ork Location ............................................. 9
W orkday ...................................................... 8
Workweek ................................................... 8
INDEPENDENT SCHOOL DISTRICT NO. 625
BOARD OF EDUCATION ���j�j)
SAINT PAUL PUBLIC SCHOOLS
DATE: July 15, 2008
TOPIC: Approval of an Employment Agreement with Sheet Metal Workers
International Association, Local 10, to Establish Terms and Conditions of
Empioyment for 2008-2011
A. PERTINENT FACTS:
1. New Agreement is for the three-year period May 1, 2008 through April 30, 2011.
2. Contract changes are as follows:
Waaes: Wage and benefit changes reflect prevailing wage for the industry.
3. The remaining language provisions of the previous contract remain essentially unchanged,
except for necessary changes to dates and outdated references.
4. The District has four (4) regular F.T.E. in this bargaining unit.
5. This item will meet the District target area goal of aligning resource allocation to District
priorities.
6. Wayne Arndt, NegotiationsfEmpfoyee Relations Manager; Teresa C. Rogers, Executive
Director of Human Resources and Employee Relations; Patrick Quinn, Execuiive Director of
Operations; Patrick Quinn, Executive Director of Plant Planning and Maintenance; Hitesh
Haria, Chief Operations Officer; and Lois Rockney, Chief Business Otficer.
B. RECOMMENDATION:
That the Board of Education of independent Schooi District No. 625 approve and adopt the
Agreement concerning the terms and conditions of empioyment ot those employees in this school
district for whom Sheet Metal Workers International Association, Local 10, is the exclusive
representative; duration of said Agreement is for the period of May 1, 2008 through April 30, 2011.
f.]
gq���(
2008 - 2011
Maintenance Labor Agreement
between
SAINT PAUL PUBLIC SCHOOLS
INDEPENDENT SCHOOL DISTRICT N(J. 625
and
Sheet Metal Workers
Internationai Association
Local 10
May 1, 2008 through April 30, 2011
Saint Paul
Puauc seHnnis
Saint Paul
Board of Education
Kazoua Kong-Thao
Elona Street-Stewart
Tom Confon
Tom Goidstein
John Brodrick
Anne Carroli
Keith Hardy
Chair
�ce-Chair
Clerk
Treasurer
Director
Director
DirecYor
SAINT PAUL PUBUC SCHOOLS
Independent School District No. 625
�� �
TABLE OF CONTENTS
ARTICLE TfTLE
Article 1.
Article 2.
Article 3.
Article 4.
Article 5.
Article 6.
Article 7.
Article S.
Article 9.
Articfe 10.
Article 11.
Articfe 12.
Articfe 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.
Article 28.
Article 29.
PAGE
Pream ................................................................................................................ 4
Pu rpose .................................................................................................................. 5
Recognition............................................................................................................ 5
EmployerRights ..................................................................................................... 5
Union Rights ...........................................................................................................6
Scope of the Agreement ........................................................................................6
ProbationaryPeriods ..............................................................................................7
Philosophy of Employment and Compensation .....................................................7
Hours Work ........................................................................................................8
Overtime................................................................................................................ B
CaflBack ................................................................................................................9
Work Location ........................................................................................................9
W ages .................................................................................................................... 9
Fri�ge Benefits .....................................................................................................10
Selectio� of Lead Sheet Meta1 Worker ................................................................10
Holidays...............................................................................................................11
Disciplinary Procedures .......................................................................................12
Absences from Work ...........................................................................................12
Seniority ...............................................................................................................13
Jurisdiction...........................................................................................................14
Separation............................................................................................................ i 4
Toois ....................................................................................................................14
GrievanceProcedure ...........................................................................................15
Rightof Subcontract ............................................................................................16
Non-Discrim ination ...............................................................................................16
Severabiiity ...........................................................................................................17
W aiver ..................................................................................................................17
Mileage.................................................................................................................17
CourtDuty Leave .................................................................................................17
Duration Pledge ............................................................................................18
Appendix ...........................................................................................................19
Appendix ...........................................................................................................19
AppendixC ......................................................................................................20-21
AppendixD ...........................................................................................................22
3
PREAMBLE
This Agreement is entered into between fndependent School District No. 625, hereinafter
referred to as the Employer, and the Sheet Metal Workers Intemationai Association Local 10,
hereinafter referred to as the Union.
The Employer and the Union concur that this Agreement has as its objective the
promotion of the responsibilities of the independent School District No. 625 for the benefit of the
general public through effective labor-management cooperation_
Tfie Empfoyer and the Union both realize that this goal depends not only on tfie words in
Yhe Agreement buY rather primarily on attitudes between people ai all leveis of responsibility.
Constructive attitudes of the Empioyer, the Union, and the individuai employees wiil best serve the
needs of the general public.
6�-��I
ARTICLE 1. PURPOSE
1.1 The Employer and the Union agree that the purpose for entering into this Agreement is to:
1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted
operations and the highest Ievei of employee performance ihat is consistent with the
safety and well being ofi all concerned;
1.1.2 Set forth rates of pay, hours of work, and other conditions of employment as have
been agreed upon 6y the Employer and the Union;
1.1.3 Establish procedures to orderfy and peacefully resofve disputes as to the application or
interpretation of this Agreement without loss of manpower productivity.
12 The Employer and the Union agree that this Agreement serves as a supplement to legislation
that creates and directs the Employer. If any part of this Agreement is in conflict with such
legislation, the latter shall prevail. The parties, on written notice, agree to negotiate that part in
confiict so that it conforms to the statute as provided by Article 25 (Severability).
ARTICLE 2. RECOGNITION
2.1 The Employer recognizes the Union as the exclusive representative for colfective bargaining
purposes for all personnei having an employment status of regular, probationary, and
temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of
Mediation Services in accordance with Case No. 89-PR-2352 dated December 7, 1989.
22 The classes of positions recognized as being exclusively represented by the Union are as
Iisted in Appendix A.
ARTICLE 3. EMPLOYER RIGHTS
3.1 The Employer retains the right to operate and manage all manpower, facilities, and equipment;
to estabiish functions and programs; to set and amend budgets; to determine the utilization of
technology; to establish and modify the organizationai structure; to select, direct, and
determine ihe number of personnel; and to perform any inherent managerial function not
specifically limited by this Agreement.
s
3.2 Any "term or condition of employmenY' �ot established by this Agreement shall remain with the
Employer to eliminate, modify or establish following written notification to the Union.
ARTICLE 4. UNION RIGHTS
4.1 The Employer shali 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
remitfed as direcfed by fhe Union.
4.1.1 The Employer shall not deduct dues from ihe wages of employees covered by this
Agreement for any other labor organization. -
4.1,2 The Union shall indemnify and save harmiess the Employer from any and all claims or
charges made against tF�e Empfoyer as a result of ffie impiementafion of ffiis Article,
42 The Union may designate one (1) employee from the bargaining unit to act as a Steward and
shall inform the Employer in writing of such designation. Such empioyee shall have the rights
and responsibilities as designated i� Article 22 (Grievance Procedure).
4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or
his designated representative shall be permitted to enter the facilities of the Employer where
employees covered by this Agreement are working.
ARTICLE 5. SCOPE OF THE AGREEMENT
5.1 This Agreement establishes the 'Yerms and conditions of employmertt' defined by Minnesota
Statute § 179A.03, Subdivision 19, for all employees excfusively represented by the Union.
This Agreement shail supersede such "terms and conditions of employment" esfablished by
Civil Service Ruie, Council Ordinance, and Council Resolution.
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ARTICLE 6. PROBATIONARY PERIODS
6.1 Ail 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 perEorm the class of positions' duties and responsibiiities shall be eva{uated.
6.1.1 At any time during the probationary period an employee may be terminated at the
discretion of the Empioyer without appeal to the provisions of Article 22 (Grievance
Procedure).
6.12 An employee terminated during the probationary period shall receive a written notice of
the reason(s) for such termi�ation, a copy of which shall be sent to the Union.
6.2 All personnel promoted to a higher ciass of positions shall serve a six (6)-month promotional
probationary period during which time the employee's fitness and ability to perform the class ot
positions' duties and responsibilities shall be evaluated.
6.2.1 At any time during the promotional probationary period an employee may be demoted
to the empioyee's previously-heid class of positions at the discretion of the Employer
without appeal to the provisions of Article 22 (Grievance Procedure).
6.2.2 An employee demoted during the promotional probationary period shall be returned to
the employee's previousiy heid class of positions and shali receive a written notice of
the reasons for demotion, a copy of which shall be sent to the Union.
ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION
7.1 The Employer and the Union are in full agreement that the phiVosophy of employment and
compensation shali be a"cash" hourly wage and "industr�' fringe benefit system.
7.2 The Empioyer shall compensate employees for ail hours worked at the basic hourly wage rate
and hourly tringe benefit rate as found in Articles 12 {Wages) and 13 {Fringe Benefits).
7.3 No other compensation or fringe benefit shall be accumulated or earned by an employee
except as specifically provided for in this Agreement.
ARTICLE 8. HOURS OF WORK
8.1 The normal workday shall be eight (8) consecutive hours per day, excluding a thirty
(30)-minute uopaid lunch period, between 7:00 a.m. and 5:30 p.m.
8.2 The normal work week shali be five {5) consecutive normal workdays Monday through Friday.
8.3 if, during the term of this Agreement, it is necessary in the Emptoye�'s judgment to establish
second and third shifts or a work week of other than Monday through Friday, the Union agrees
to enter into negotiations immediately to establish the conditions of such shifts and/or work
weeks.
8.4 This Section shall not be construed as, and is not a guarantee of, any hours of work per normal
workday or per normal work week.
8.5 All empioyees shatt be at ffie locafion designated by their supervisor, ready for work, at the
established starting time and shall remain at an assigned work location until the end of the
established workday uniess otherwise directed by their supervisor.
8.6 All employees are subject to cail back by the Empioyer as provided by Article 10 (Cali 8ack).
8.7 Employees reporting for work at the established starting time and for whom no work is
availabie shaii receive pay for two (2) hours, at the basic hourly rate, unless notification has
been given not to report for work prior to leaving home, or during the previous workday.
ARTICLE 9. OVERTIME
9.1 All overtime compensated for by the Employer must receive prior authorization from a
designated Employer supervisor. Plo overtime work claim wifi be honored for payment or credit
unless approved in advance. An overtime ciaim will not be honored, even tfiough shown on
the time card, unless the required advance approval has been obtained.
92 The overtime rate of one and one-half (i-1/2} the basic hourly rate shall be paid for work
performed under the following circumstances:
9.2.7 Time worked in excess of eight (8) hours in any one normal workday, and
9.22 Time worked on a sixth (6th) day following the normal work week.
9.3 The overtime rate of two (2) times the basic hourly rate shall be paid for work pertortned under
the foliowing circumstances:
9.3.1 Time worked on a seventh (7th) day following the normal work week; and
9.32 Time worked in excess of twelve (12) consecative hours in a twenty-four (24) hour
period, provided that all "emergenc}�' work required by °Acts of God" shall be
compensated at the rate of one and one-haff (1-1/2).
9.4 For the purposes of calculating overtime compensation, overtime hours worked shali not be
"pyramided," compounded or paid twice for the same hours worked (except for the amount
spec'rfied in Append� D(3), National Pension Fund). All contributions for the National Pension
Fund (Appendix D(3j for each employee covered by this Agreement shall be compensated
based on hours paid. and not hours worked: such that hours paid at time and one-half shaii
receive contributions at 1.5 times the rate specified in P,ppendix D(3), and two (2) times the
rate specified in Appendix D(3) for double time hours paid.
9.5 Overtime hours worked as provided by this Article shall be paid in cash or in compensatory
time as determined by the Employer.
Dq-�� 1
ARTIGLE 1�. CA�L BACK
10.1 The Employer retains the right to call back employees before an employee has started a
normal workday or normal work week and after an employee has compieted a normal workday
or narmal work week.
10.2 Empioyees called back shall receive a minimum of four (4)-hours' pay at the basic hourly rate.
1�.3 The hours worked based on a ca0 back shal{ be compensated in accordance with Article 9
(Overtime), when appiicabie, and subject to the minimum estabiished by 10.2 above.
10.4 Empioyees called back four (4) hours or less prior to their normal workday shall complete the
normal workday and be compensated only for the overtime hours worked in accordance with
Artic{e 9 (Overtime).
ARTICLE 11. WORKLOCATION
11.1 Employees shall report to work location as assigned by a designated Employer supervisor.
During the normal workday, employees may be assigned to other work locations at the
discretion of the Employer.
11.2 Employees assigned to work locations during the normal workday other than their original
assignment, and who are required to furnish their own transportation, shall be compensated for
mileage, as set forth in Article 27 (Miieage).
ARTICLE 12. WAGES
12.1 The basic hourly wage rates as established by Appendix C shail be paid for ali hours worked
by an employee covered by this Agreement.
122 Regular employees shali be compensated in accordance with Article 12.1 (Wages) and have
fringe benefit contributions andlor deductions made on their behalf as provided for by Article 13
(Fringe Benefits).
12.3 Temporary employees shafl be compensated in accordance with Article 12.1 (Wages) and
have fringe benefit contributions andlor deductions made in their behalf as provided for by
Article � 3 (Fringe Benefits).
ARTICLE 13. FRINGE BENEFITS
13.1 The Empioyer shall make contributions on behalf of and/or make deductions from the wages of
participating employees as defined by Article 122 and 12.3 covered by this Agreement in
accordance with Appendix D for all hours worked.
132 Effective May 1, 1986 temporary, probationary, and regular employees shall be eligible for a
paid holiday for Labor Day, the first Monday in September. -
13.3 The Empioyer will for the period of ihis Agreement provide, for those empioyees who were
eligible for the EmployePs health and welfare plan and who have retired since February 1,
i975, such health insurance premium contributions up to the same dollar amounts as are
provided by the Employer at the date of early retirement and the cast of premium contribuYions
toward $5,000 life insurance coverage untif such empioyees reach sixly-five (65) years of age.
l� order to be eligibte for the premium conVibutions under the provision 13.4 the employee
must:
13.3.1 Be receiving benefits from a public employee retiree act at the time of retirement.
13.32 Have severed the employment relationship with the City of Saint Paul antllor
Independent School District No. fi25 under one of the early retiree plans.
13.3.3 tnform the Human Resource Department of Independent Schoo! District No. 625 and
O�ce of Human Resources - City of Saint Paul in writing within sixty (60} days ot
empioyee's early retirement date that he or she wished to be eligible for eariy retiree
insurance benefits.
13.4 An employee who retires at age siuty-five (65) or later and who meet the criteria in i3.3 or for
early retirees who qualified under 13.3 and have reached age sixty-five (65) after ratiremen!
the Empfoyer wiff provide payment of premium for a Medicare supplement heatth coverage
policy selected by the Employer.
ARTICLE 14. SELECTION OF LEAD SHEET METAL WORKER
14.1 The selectiort of personnel for the class of position Lead Sheet Metal Worker shall remain
sofely with the Employer.
142 The class of position Lead Sheet Metal Worker shall be filled by employees of the bargaining
unit on a "temporary assignment "
14.3 Ail `temporary assignments° shall be made only at the direction of a designated Employer
supervisor.
14.4 Such `Yemporary assignments° shall be made only in cases where the class of positions is
vacant for more than one (1) normal workday.
10
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ARTICLE 15. IiOLIDAYS
15.1 The following nine (9) days shail be designated as unpaid holidays (except Labor Day as noted
in Article 132):
New Year's Day
Martin Luther King, Jr. Day
Presidents' Day
Memoriai Day
Independence Day
Labor Day
Thanksgiving Day
Day After Thanksgiving Day
Christmas Day
January 1
Third Monday 1n January
Third Monday in February
Last Monday in May
July 4
First Monday in September
Fourth Thursday in November
Fourth Friday in November
December 25.
152 When New Year's Day, independence Day or Christmas Day falis on a Sunday, the fiollowing
Monday shall be considered the designated holiday. When any of these three (3) holidays falls
on a Saturday, the preceding Friday shall be considered the designated holiday.
15.3
15.4
15.5
The nine (9) holidays shall be considered non-workdays.
If, in the judgment of the Employer, personnel are necessary for operating or emergency
reasons, employees may be schedufed or "called back" in accordance with Article 10 (Call
Back).
Employees called in to work on a designated hoiiday shall be compensated at the rate of two
(2) times the basic hourly rate for ali hours worked.
15.6 Employees working on Labor Day shall be recompensed for work done on this day by being
granted compensatory time on a time and one-half basis or by being paid on a time and one-
half basis for such hours worked, in addition to the regular pay.
In order to be eligible for holiday pay for the Labor Day Holiday, employees who are on active
payroll status preceding and following the Labor Day Hoiiday shall receive pay for the Labor
Day Holiday.
15.7 When Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving falls on a day
when school is in session, the empioyee shall work that day at straight time and another day
shail be designated as the holiday. This designated holiday shall be a day on which school is
not in session and shail be determined by agreement between the employee and the
supervisor.
15.8 If Martin Luther King Jr. Day, Presidents' Day or the Day After Thanksgiving fails on a day
when school is not in session, that day will normally be an unpaid holiday. ff ihe Empioyer
schedules work on such days, employees will be offered an opportunity to work that day at the
straight-time rate and will not be required to take another day off to replace the hoiiday. if the
employee is cailed in on such day, they will be called in accordance with Article 10 and paid as
in 15.5.
11
ARTICLE 16. DiSCIPLINARY PROCEDURES
16.1 The Employer shali have the right to impose disciplinary actions on employees for just cause.
162 Disciplinary actions by the Empioyer shall include only the following actions:
162.1 Oral reprimand;
162.2 Written reprimand;
162.3 Suspension;
162.4 Demotion;
16.2.5 Discharge.
16.3 Employees who are suspended, demoted or discharged shall retain al! rights under Minnesota
Statute § 179A20, Subd. 4, and thereby shall have the right to request Yhat such actions be
considered a"grievance" for the purpose of processing through the provisions of Article 22
(Grievance Procedure). Once an employee or the Union in the empioyee's behaif initiates
review of an action, that matter sha(I nof again be reviewed in another forum, Oral reprimands
shalf not be subject to the grievance review process.
ARTtCLE 17. ABSENCES FROM WORK
17.1 Employees who are unable to report for their normal workday have the responsibility to notify
their supervisor of such absence as soon as possible, but in no event later than the beginning
of such workday.
172 Failure to make such notffication may be grounds for disciptine as provided in Article 16
(Discipiinary Procedures).
17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be
considered a°quit by ttie Employer on the part of the employee.
12
V 1 l ��'
ARTICLE 18. SENIORITY
18,1 Effective May 1, 1993, fior the purpose of this Article, the fiollowing terms shail be defined as
follows:
18.1.1 The term `Employer" shall mean Independent Schooi District No. 625, Saint Paul
Public Schools.
18.1.2 The term "Master Seniority" shaff inean the length of continuous reguiar and
probationary service with the Empfoyer from the date an employee was first
appointed to any class title with the Employer covered by this Agreement.
18.1.3 The term °Class Seniority" shall mean the length of continuous regular and
probationary service with the Employer from the date an employee was first
appointed to a position with the Employer in a class title covered by this Agreement.
This Section 18.1.3 is intended to mean that on or after May 1, 1993, an employee
who is newly hired to the Employer (District), no matter what the person's prior
experience or how hired by the District, will have his/her class seniority start at zero
on the day of appointment to a School District position in that title and seniority will
begin to be calculated from that date. An employee's Class Seniority does not revert
to zero foilowing recall from an Employer initiated layoff within the twenty-four (24)-
month recall rights period specified in 1$.4, This definition of class seniority will be
used for all layoff decisions.
182 Seniority shalf not accumulate during an unpaid leave of absence, except when such a leave is
granted for a period of less than thirty (30) calendar days; is granted because of iliness or injury;
is granted to allow an employee to accept an appointment to the unclassified service of the
Employer or to an elected or appointed full-time position with the Union.
18.3 Seniority shall terminate when an employee retires, resigns or is discharged.
18.4 In the event it is determined by the Empioyer that it is necessary to reduce the workforce,
emp{oyees wiil be laid off by class titfe within each Department based on inverse length of
"C4ass Senioriry." Employees laid off by the Employer shall have the right to reinstatement in
a�y lower-paid class title previously hefd which is covered by this Agreement, provided the
employee has greater "Class Seniority' than the employee being replaced. Recall from layoff
shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24)
months from the last day of work preceding the layoff. No other Civil Service recall rights to this
Employer shall apply. This provision does not address any rights the empioyee may have to be
recalled to any other employer.
18.5 The selection of vacation periods shail be made by ciass title based on length of "Class
Seniorit�' subject to the approval of ihe Empfoyer.
13
ARTICLE 19. JURISDICTION
19.1 Disputes conceming work jurisdiction between and among unions are 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 jurisdicfion by any mutual
agreements between the unions involved. -
19.3 In the event of a dispute canceming the performance or assignment of work, the unions
i�volved and the Emptoyer shall meet as soon as mutually possible to resolve the dispute.
Noihing in the foregoing shail restrict the right ot the Employer to accomplish the work as
originally assigned, pending resolution of the dispufe or to restrict the Employer's basic righf to
assign work.
19.4 Any employee refusing to pertorm 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 Article 16
(Disciplinary Procedures).
19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work
assignment.
ARTICLE 20. SEPARATION
2QJ Employees having a probationary or regular employrttent status shall be considered separated
from employment based on the fo!lowing actions:
20.1.] Resianafion. Employees resigning from employment shali give written notice
fourteen (14) calendar days prior to the effective date of the
resignation.
20.12 Discharae. As provided in Article 16.
20.1.3 Failure to Report for DuN. As provided in Article 17.
20.2 Employees having a temporary employment status may be terminated at the discretion of the
Employer before the completion of a nortnal workday.
ARTICLE 21. TOOLS
21.1 All employees shall personaliy provide themselves +nrith the tools of the trade as listed in
Appendix B.
14
�J�� 1
ARTICLE 22. GRIEVANCE PROCEDURE
22.1 The Employer shaif recognize Stewards selected in accordance with Union rules and
reguiations as the grievance representative of the bargaining unit. The Union shall notify the
EmploVer in writing of the names of the Stewards and of their successors when so named.
22.2 It is recognized and accepted by the Employer and the Union that the processing of grievances
as hereinafter provided is limited by the job duties and responsibilities of the employees and
shali therefore be accomplished during working hours only when consistent with such
employee duties and responsibilities. The Steward involved and a grieving employee shall
suffer no loss in pay when a grievance is processed during working hours, provided the
Steward and the 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 Empfoyer.
22.3 The procedure estabiished by
(Disciplinary Procedures) be
grievances, which are defined
Agreement.
this Article shall, except as previously noted in Article 16
the sole and exclusive procedure, for the processing of
as an aileged violation of the terms and conditions of this
22.4 Grievances shall be resolved in conformance with the following procedure:
Step 1. Upon the occurrence of an alleged viofation of this Agreement, the employee
involved shall attempt to resolve the mattet on an informal basis with the
empioyee's supervisor. If the matter is not resolved to the empfoyee's satisfaction
by the informal discuss+on, it may be reduced to writing and referred to Step 2 by
the Union. The written grievance shail set forth the nature of the grievance, the
facts on which it is based, the alleged section(sj 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,
shail be considered waived.
Ste° 2. W ithin seven (7) calendar days after receiving the written grievance, a designated
Employer supervisor shal! meet with the Union Steward and attempi to resoive the
grievance. !f, as a result of this meeting, the grievance remains unresolved, the
Employer shall reply 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) calendar days
following receipt of the Employer's answer shail be considered waived.
Step 3. Wfthin seven (7) calendar days following receipt of a grievance referred from Step
2, a designated Employer supervisor shall meet with the Union Business Manager
or his designated representative and attempt to resolve the grievance. Within
seven (7) calendar days following this meeting, the Employer shall 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 by the Union to
Step 4 within seven (7) calendar days following receipt of the Employer's answer
shall be considered waived.
15
ARTlCLE 22. GRIEVANCE PROCEDURE (continued)
Step 4. If the grievance remains unresolved, the Union may within seven (7) calendar days
after the response of the Employer in Step 3, by written notice to the Employer,
request arbitration of the grievance. The arbitration proceedings shaii be
conducted by an arbitrator 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 mutuaiiy agree upon an arbitrator within the said seven (7)-day
period, either parry may request the Bureau of Mediation Services to submit a
panel of five (5) arbitrators. Both the Employer and the Union sF�a(I have tfie right
to strike two (2) names from the panel. The Union shall strike tFie first name; the
Employer shall then strike one (1) name. The process wit( be repeated and the
remaining person sha(i be fhe arbitrator.
22.5 The arbitrator shall have no right to amend, modify, nuilify, ignore, add to or subtract from the
provisions of this Agreement. The arbitrator shatt consider and decide only the specific issue
submitted in writing by the Employer and the Union and shail have no authority to make a
decision on any other issue not so submitted. The arbitrator shall be without power to make
decisions contrary to, or inconsistent wiih, or modifying, or varying in any way the application of
laws, rules or regulations having the force and effect of law. The arbiYratoTs decision shall be
submitted in writing within thiriy (30) days foliowing case of the hearing or the submission of
briefs by the parties, whichever be later, unless the parties agree to an extension. The
decision shall be based solely on the arbitrator's interpretation or application of the express
terms of this Agreement and to the facts of the grievance presented. The decision of the
arbitrator shall be final and binding on the Empioyer, the Union, and the employees.
22.6 The fees and expenses for the arbitrato�'s services and proceedings shall be borne equally by
the Emp�oyer and the Union, provided that each party shall be responsibie for compensating its
own representative and witnesses. if either parry desires a verbatim record of the proceedings,
it may cause such a record to be made, providing fl pays for the record.
22.7 The time limits in each step of this procedure may be extended by mutuaf agreement of the
Employer and the Union.
ARTICLE 23. RtGHT OF SUBCONTRACT
23.1 The Employer may, aY any time during the duration of this Agreement, contract out work done
by Yhe employees covered by this Agreement. In the event Yhat such contracting wouid resuii
in a reduction ot the workforce covered by this Agreemenf, the Employer shall give the Union a
ninety (90)-calendar day notice of the intention to subCOntract.
23.2 The subcontracting of work done by the employees covered by this Agreement shall in ail
Cases be made only to employers who qualify in accordance with Ordinance No. 14013.
ARTICLE 24. NON-DISCRIMINATION
24,1 The terms and conditions of this Agreement will be applied to employees equafty, withouf
regard to or discriminaffon for or against, any individua( because or race, color, creed, sex, age
or because of inembership or non-membership in the Union.
242 Employees will perform their duties and responsibilities in a non-discriminafory manner as such
duties and responsibilities involve other employees and the general public.
�
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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 judiciaf 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, upon written notice, to enter into negotiations io 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 acknowledge that during the meeting and negotiating which
resulted in this Agreement, each had the right and opportunity to make proposals with respect
to any subject concerning the terms and conditions of employment. The Agreements and
understandings reached by the parties after the exercise of this right are fully and completely
set forth in this Agreement.
26.2 Therefore, the Empioyer and the Union for the duration of this Agreement agree that the other
party shall not be obligated to meet and negotiate over any term or condition of employment
whether specificaily 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 exte�t they are
inconsistent with this Agreement, are hereby superseded.
ARTICLE 27. MILEAGE
27.1 Employees of the School District, under policy adopted by the Board of Education, may be
reimbursed for the use of their automobifes for schooi business. The mileage aflowance for
eligibie employees shall be established at the discretion of the Board. According to Board
Policy, the rate will be adjusted every July 1 to conform to IRS allowabie rates.
An employee must keep a record of each trip made.
mileage driven in the pertormance of assigned duties
district administrator and i� accordance with School
procedures.
ARTICLE 28. COURT DUTY LEAVE
Reimbursement shall be for the actual
as verified by the appropriate school
District Business Office policies and
28.1 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 Iftigatian undertaken by the employee or the
Union against the District. In cases where the Board is a party in the litigation, the employee
shalf be entitied to pay while attending as a witness at the request of the Soard or as a co-
defendant in the case.
28.2 Reauired Jurv DuN. Any empioyee who is required to serve as a juror shall be granted leave
with pay whiie serving on jury duty contingent �pon the employee paying to the Board any fees
received, minus travei allowance, for such jury service. The employee may seek to be
excused from jury duty.
17
ARTICLE 29. DURATION AND PLEDGE
29.1 This Agreement shall become effective as of May 1, 2008, except as specifically provided
othervvise in Articies 12 and 13, and shall remain in effect through the 30th day of April, 2011,
and continue in effect from year to year thereafter uNess nofice to change or to terminate is
given in the manner provided in 292.
292 If efther party desires to terminate or modify this Agreement effective as of the date - of
expirafion, the party wishing to modify or tertninate the Agreement shall give wriffen nofice to
the other party, not more than ninety (90) or less than s'octy (60) calendar days prior to the
expiration date, provided that the Agreement may only be so terminated or mod'rfied effective
as of the expiration date.
29.3 In consideration of the ferms and conditions ot employment established by this Agreement and
the recognition that the Grievance Procedure herein established is the means by which
grievances conceming its application or interpretation may be peacefutly resolved, the parties
hereby pledge that during the term of the Agreement:
29.3.1 The Union and the employees will not engage in, instigate or condone any concerted
action in which employees faii to report for duty, willfuity absent themselves from
work, stop work, slow down their work or absent themselves in whole or part from
the full, faithful perfortnance of their duties of employment.
29.32 The Employer will not engage in, instigate or condone any Iockout of employees.
29.3.3 This constitutes a tentative Agreement between the parties which will be
recommended by the Schooi Board Negotiator, but is subject to the approvat of the
Administration of the City, Independent School District No. 625, and is aiso subject to
ratification by the Association,
The parities agree and attest that this Agreement represents the full and complete
understanding ot the parties for the period of time herein specified by the signafure of the foAowing
representatives for the Employer and tt!e Union,
W ITNESSES:
INDEPENDENT SCHOOL DISTRICT
NO. 625
(�.�
Chair, Board of Education
SHEET METAL WORKERS INTERNATIONAL
ASSOCIATION LOCAL 10
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Business Manager �
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Negotiations/Employee Rela �ons Manager
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Date
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Date
18
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APPENDIX A
The ciasses of positions recognized by ihe Employer as being exclusively represented by the Union are
as follows:
Sheet Metal Worker
Lead Sheet Metal Worker
General Lead Sheet Metal Worker
Apprentice - Sheet Metal W orker
and other classes of positions that may be estabiished by the Employer where the duties and
responsibilities assigned come within the jurisdiction of the Union
APPENDIX B
Tool Box
Whitney, Small
Crescent W rench or set of Open-end W renches
Genter Punches
Hacksaw Frame
Chiseis
SmaII Hand Tongs
6' Folding Rule
Screwdriver
Scratch Awis
Pliers
Snips, Straight-aviation L and R
Hammers (Tinners)
Dolly Bar
Combination Square
Prick Punch
10' Tape
Dividers
19
APPENDIX C
Ci. The total hourly cost to the Employer for wages plus any and all contributions or deductions
stated in Appendix D of this Agreement shall not exceed the following amounts:
Effective Effective Effective
4-26-08 4-25-09 4-24-10
Sheet Metal Worker
Lead Sheet Metal Worker
General Lead Sheet Metal Worker
$54.40
$56.40
$57.40
$56.85
$58.85
$59.85
$59.30 -
$61.30
$62.30
C2. The total taxable houriy rate including wages and the vacation contribution in Appendix D and
excluding all other benefit costs and obligations in Appendix D, for regular and probationary
employees subject to PERA appointed to the following classes of positio�s shall be as follows:
Sheet Metal Worker
Lead Sheet Metal Worker
General Lead Sheet Metal Worker
Effective Effective Effective
4-26-08 4-25-09 4-24-10
$38.98 ` �"
$40.85 ` `�
$41.79 * *`
C2A. The basic hourty wage retes in this Appendix (C2A) are for compensation analvsis
purposes onl . These figures represent the portion of the Appendix C7 retes above
specifically allocated to wages. These retes do NOT inctude tauable co�tributions and
therefore should NOT be used for W�cable payroll calculations. See Appendix C2 above
for toWl taxable payrotl information.
Effective Effective Effective
4-26-08 4-25-09 4-24-10
Sheet Metai Worker $31.97
Lead Sheet Meta! Worker $33.84
General Lead Sheet Metal Worker $34.78
. ..
, >.
,. ..
C2. The total taxabie houriy rate including wages and the vacation contribution in Appendix D and
exciuding all other benefit costs and obligations in Appendix D, for regular and probationary
employees not subject to PERA appointed to the fol(owing c(asses of positions shall be as
follows:
Sheet Metal Worker
Lead Sheet Metal Worker
General Lead Sheet Metal W orker
Effective
4-26-08
$37.23
$3923
$4023
Effective Eftective
4-25-09 4-24-10
. ..
. .,,
. ..
' The April 25, 2009, hourly rates in Appendices C2, C2A, C2B and C3 shall be determined at a later date based on the
allocation agreed to by �e Employer and the Union of ihe April 25, 2009, total hourly cost stated in Appendix C7.
" The Aprii 24, 20�0, hourly rates in Appendices C2, C2A, C2B and C3 shall be determined at a later date based on the
allocation agreed to by the Employer and the Union of the April 24, 2010, total houdy cosi stated in Appendix C1.
20
V���� �
APPENDIX C (continued)
C3. The total taxable hourly rate including wages and the vacation contribution in Appendix D for
temporary employees appointed to the following classes of positions shall be:
Effective
4-26-08
C4.
Sheet Metal Worker
Lead Sheet Metai Worker
General Lead Sheet Metal Worker
$3723
$39.23
$40.23
_,
..
If a temporary employee working in a title listed in this Appendix C3 becomes subject to the
requirements of the Public Employees Retirement Act (PERA), which thereby requires the
Employer to make contributions to PERA, the calculated hourly base rate of pay may change
so the Employer's cost does not exceed the amounts listed in C-1 above.
The basic hourly wage rates for the Apprentice class of positions are as follows:
This Section is held open for the addition of appropriate Apprentice rates in the event the
Employer initiates the employment of Apprentices.
If the Union elects to have the contributions Iisted in Appendix D increased or decreased, the
Employer may adjust the rates in Appendix C, Sections C-2 through C-4 in such a way that the
totaf cost of the package (wage rate plus contributions) remains constant and does not exceed
the amounts shown in Appendix C, Section C1.
The total compensation (wages and fringes) received by employees covered by this
Agreement shali be equivalent in money to the total package paid by the employer to
empioyees in comparable classifications in the Agreement between Local 10 and the Twin City
Division of the Sheet Metal, Air Conditioning and Roofing Contractors Association.
The totai package cost shall exclude any costs of payments made for industry promotion
and/or advertisement or any other purposes not directly and clearly beneficial to the public
employer.
In the event Local 10 and any sheet meta{ contractor affiliated or not afSiliated with the Twin
City Division of the Sheet Metal, Air Conditio�ing and Roofing Contractors Association and
doing business in the seven-county metropoiitan area agree to a total commerciai package
different from the above total commercial package and which is less than the above total
package, such diSferences shall be immediately appficable to the total compensation paid to
employees covered by this Agreement.
" The April 25, 2009, hourly rates in Appendices C2, C2A, C2B and C3 shall be determined at a later date based on the
allocation agreed to by the Employer and the Union of the April 25, 2009, total hourly cost stated in Appentlix C7.
"' The April 24, 2010, hourly rates in Appendices C2, C2A, C26 and C3 shall be determined at a later date based on the
allocation agreed to by the Employer and the Union of the April 24, 2010, total hourly cost stated in Appendix C1.
Effective Effective
4-25-09 4-24-10
21
APPENDIX D
Effective April 26, 2008, the Employer shall forward the amounts designated in this Appendix D for
employees covered by this Agreement to depositories as directed by the Union and agreed to by the
Empioyer.
1, $2.73 per hour for all hours worked from which all appropriate payroii deductions have
been made to a Union-designated Vacation Fund. This pavment shali oniv be made for
reqular emplovees paid at the Appendix C2 rate. -
2. $428 per hour for all hours worked from which all appropriate payroll deductions have
been made to a Union-designated School District Holidav Fund. This pavment shaii oniv
be made for reqular emplovees paid at the Appendix C2 rate.
3. $6.13 per hour for ail hours worked to a Union-designated Heaith and Weifare Fund.
4. $328 per hour for all hours worked to a Union-designated Locai Pension Fund.
5. $2.75 per hour for all hours worked to a Union-designated National Pension Fund.
6. $.01 per hour for all hours worked to a Union-designated Scholarship Fund.
7. $.02 per hour for all hours worked to a Union-designated SMOHI Asbestos Screenina Fund.
8. $.53 per hour for ali hours worked to a Union-designated Journevman and Aoprenticeshio
Trainina Funds.
9. $.15 per hour for all hours worked to a Union-designated National Traininq Fund.
10. For temporary empioyees paid at the Appendix C3 rate; forward .73 per hour for all
hours worked from which all appropriate payroll deductions have been made to a Union-
designated Vacation Fund and 28 per hour for ait hours worked to a Union-designated
Supplemental Pension Fund.
11. $.02 per hour for all hours worked to a LMC fund.
The Employer shall make legally established non-negotiated pension contribufions 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 listed in Appendix Ci.
All contributions made in accordance with this Appendi�c D shall be deducted from and are not in
addition to the amounts shown in Appendix C1. The Appendix D amounts shall be fonrrarded to
depositories as directed by the Union and agreed to by the Employer.
The Employer shall estabiish Workers' Compensation and Unemployment Compensation programs as
required by Minnesota Statutes.
Empioyees covered by this Agreement shall not be eligible for, govemed 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 benefif obligation To employees covered by this Agreement is limited to the
contributions and/or deductions established by this Agreement. The actual level of benefits provided to
employees shall be the responsibility of the Trustees of the various funqs to which the Employer has
forvvarded contributions and/or deductions.
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