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10-308Conncif File # -�2�31�-�. Green Sheet # 3102716 RESOLUTION 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 Labor Agreements between the Independent Schooi District #625 and District Lodge No. 77 International 3 Association of Machinists and Aerospace Workers (2009 — 2011), Minnesota Teaznsters I,ocal No. 320 4(2009 — 201 I}, and the Twin City Glaziers, Architectural Metals and Glass Workers Local 1324 (2009 - 5 2012). Requested by Department of. Human Resources Adoption Certifie by Co il Secretary By. ' s1 Approv y y, Date 2� Zp ( g , By. Approved by � g y � v a �� x Approved b�} City By. Approved by Mayor for Submission to Council BY• �G� �i��-t�-- � �� I'�!� CITY OF SAINT PAUL, MINNESOTA oZ � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet i/�. �n� � Deparpne'rtl0fficeJCouncil: Date Initiated: �" J vv HU ,s�zo,o Green Sheet NO: 3102716 CofHactPerson & Phone: Deoartmetrt SentTo Person InitiaUDate JasonSchmidt y o umanResources �� 266-6503 1 amanResources De artmeutDirector 0.uign 2 'mncialServicet fficeFUancialServices Must Be on Couneil Agemia by (Date): Number for 3 ' Attarne Attoroe Routing 4 or•sOtfice Ma or/ASS�stant 3` Doc. Type: �SOLUTION W!$ Ortier 5 ouncil 6 Council TRANSACTION 6 ' Cierk � Clerk EAocumertt Required: Y Docume�t Contact: Sue Wegwerth CorRad Plrone: 26E6513 Total # of Signature Pages ` (Clip NI Locatiore for Signature) ' Aation Requested: Approval of the attached ISD 625 Labor Agreements: District Lodge No. 77 International Association of Machinists and Aerospece Workers AFL-CIO July 1, 2009 - June 30, 201 I; MN Teamsters Local No. 320 representing Nutrition Services Personnel July 1, 2009 - 3une 3Q 2011; and Twin City Glaziers, Architectucal Metals & Glass Woikers Local 1324 June 1, 2009 - May 31, 2012. Recommenda6ons: Approve (A) or Reject {Rj: Pewonal Service Contracts Must Answer the Following Questions: P�anning Commission 1. Has this perso�rm ever worked under a contract forthis departmerrt? CIB Committee Yes No Civil Service Commission 2. Has this persoNEfrm eve� been a city employee? Yes No 3. Does this persoNfirtn possess a skill not normally possessed by any curreM city employee7 Yes No Explain all yes answers on separate sheM and attach to gree� sNee4 Initiating Probfem, issues, Opportunity (Who, Whal, When, Where, Why): Labor Agreements have expired. AdvaMages If Approved: None Disadvantages If Approved: None Disadvantages If Not Approved: None Total Amount of Trensaction: CosUReve�ue BudgMed: Funding Source: Activity Number: Flnancial ftdormation: (EXplain) Maroh 16,-2010 2:30 PM ,. . .: . Page 1' . • %D -�Og INDEPEWDENT SCHOOL DISTRIC'f NO. 625 BOARD OF EDUCA710N SAINT PAUL PUBLtC SGHOOLS DATE: December 15, 2009 TOPtC: Approval of Employment Agreement Between lndependent School District No. 625, Saint Paul Public Schools, and District Lodge No. 77 international Association of Machinists and Aerospace Workers AFL-CIO, Exclusive Representative for Machinists A. PERTINENT FAC7S: 1. New Agraement is for a twwyear period from Jufy i, 2003,1hrough dune 30, 20i 1. 2. Contract changes are as foitows: Waaes: Effactiva July 4, 2009, the average salary schedule increase is 1%. Efiective Juty 3, 2010, the average salary schedule increase is 1°h. lnsurance: Effective January 1, 201U, the District monthly contribution for single coverage is increased trom $500 to $550; famify coverage is increased irom $97510 $1,675; eifectfve January 1, 2Qi 1, the District contribution for single coverage is increased to $575, family coverage is increased to $i,125. Deferred Comoensation: Effective January 1, 2010, the Dtslrict match confribution is increased from $590 to $750 pee year and ths fottowing seqairements are eliminatad: three- year service eligibility requ[rament, $50 per pay check maximum match, and $12,540 Iifetime emptoyer maximum contribution. Effective JaRUary 1, 201 t, the DGstrict match contribution is increased from $750 to $1,000 per ysar. OPEB: A Memorar�dum ot Agrsemestt regarding other past-emptoymenl hene6ts was reached removing the district contribution for heaith insurance upon retiremenf for empioyees who are h€red on or after Jaauary 1, 2Q14, and who retire before reaching the Medicare•eligible aqe. The dtsirict confribution wlll be replaced wiih a$200 per year distrlct mafch to a G03(bj retirament savings plan. 3. The Distr�t has five {5) regular employees in this bargaining unit. 4. This item wi[I meet the Districi target area goai of allgning resource allocation fo district priorities. 5. This request is submitted by 3oyae Vietor, Negotiatioas/Emptoyse Relaifons Assistant Man�qer; Sue Gutbrod, NegotiationslEmpEoyee Relations Manager; Teresa C. Rogers, Execuiive Director of Human Resources and Empbyee Relattons; Hitesh Haria, Chief Operations Officer; and Mfchaei Baumann, Interim Chief Financial Officer. 8. RECOMMENDATION: Thaf the 8oard of Education of independent School Disirict No. 625 epprove and adopt the Agreement conceming the terms and condiEions of emplayment o( fhose machin#st employees in this school district for whom District Lodge Na. 77 Inlernationai Association of Machinists and Aerospace W orkars AFL-C10, is khe exclus'tva representative; duration of said Agreement is for the period of July 1, 20Q9, through June 30, 2p1 i. 10-308 u 2009-2011 LABOR AGREEMENT Between Saint Paul Public Schools Independent School District No. 625 And � District Lodge No. 77 International Association of Machinists And Aerospace Warkers AFL-CIO JULY 1, 2009 THROUGH JUNE 30, 2011 Saint Paul PUBLIC SCHOULS \ J 10-308 • Saint Paul Pua��c ScHOO�s SAINT PAUL PUBLIC SCHOOLS Independent Sehool District No. 625 Board of Education Kazoua Kong-7hao Elona Street-Stewart John Brodrick Keith Hardy Anne Carroll Jean O'Connell Vallay Varro Chair Vice-Cfiair Gerk Treasurer Director Director Director �� 2 10-308 • • C� ARTICLE Preamble ..... Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 10. Artic{e 11. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Article 18. Article 19. Article 20. Article 21. Article 22. Article 23. Appendix ..... CONTENTS PAGE ................................................................................................................................ 4 Recognition ............................................................................................................. 5 Def in itions ............................................................................................................... 5 Maintenance of Standards .....................................................................................5 Check Offi and Administrative Service Fee ............................................................6 UnionRights ...........................................................................................................6 Management ...............................................................................................6 Hours, Overtime Pay ..............................................................................................7 Tool insurance and Clothing ..................................................................................7 Legal Services .....................................................................................................7-8 Mileage ................................................................................................................... 8 Insurance ........................................................................................................... 8-12 Holidays................................................................................................................12 Vacation ................................................................................................................13 Probation..............................................................................................................14 Discipline ..............................................................................................................14 Grievance Procedures .....................................................................................15-16 Severance .....................................................................................................17 WageSchedule .................................................................................................... t8 Strikes, Lockouts, Work Interference ...................................................................18 Safety Shoes ........................................................................................................18 Leavesof Absence ..........................................................................................19-22 Savings Clause .....................................................................................................22 Duration................................................................................................................ 23 ..... ................................................................................................................ _ .. 24- 26 3 10-308 PREAMBLE THIS AGREEMENT IS BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND DtSTRiCT LODGE #77, INTERNATIONAL ASSOCIATION OF MACHWtSTS AND AEROSPACE WORKERS AFL-CIO. This Agreement has been entered into between Independent Schoof District No. 625, hereafter referred to as the Empioyer, and District Lodge #77, Intemational Association of Machinists and Aerospace Workers AFL-CIO, hereafter referred to as the Union. This Agreement has as its purposes the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of rates of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objectives in full compliance with the requirements of the Public Employment Labor Relations Act of fhe State of Minnesota of 7971, as amended. � • • 4 10-308 �� 1.1 The Employer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, fiours, and other conditions of employment for all of its employees as outlined in the certification by the State of Minnesota, Bureau of Mediation Services, dated April 5, 1990, in Case No.90-PCL-3212, and as set forth below: ARTICLE 1. RECOGNITION All regular, probationary, and provisional vehicle and equipment maintenance personnel who are employed by 4ndependent School District No. 625 in the classifications of Audio-visual Equipment Repairer, Communications Technician Helper, Equipment Repairer, Nutrition Services Equipment Repairer, Machinist, Mechanic-Welder, Parts Runner, Vehicle Mechanic, Vehicle Mechanic Leadworker, Vehicle Mechanic Trainee, Welder, and Welder Leadworker, excluding supervisory, confidentiai, temporary, and employees exclusively represented by other labor or employee organizations. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shall be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act io accomplish said objective. ARTICLE 2. DEFINITIONS 2.1 Collective Barqainina. The Employer will bargain collectively with the Union wiih respect to rates of pay, hours, and conditions pertaining to employment for aff of the employees in � the unit herein before set forth. 22 Discrimination. The Employer will not intertere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer wiil not discriminate in respect to hire, tenure of empfoyment or any term or condition of employment against any employee covered by this Agreement because of membership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. 2.3 This Agreement shal! designate and define benefits with the exception of pension benefits that shall be granted to the employees by the Employer. If, subsequent to this Agreement, any governing body passes a provision that shall create a cost benefiit for an employee in this unit, the cost of such benefit shall be Qaid by the employee until such time as the responsibility of the cost is subsequently negotiated. This provision shall not compel either party to reopen negotiations during the course of an existing contract. ARTiCLE 3. MAINTENANCE OF STANDARDS 3.1 The parties agree that ail conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other generai working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this Agreement, and the conditions of employment shail be improved wherever specific provisions for improvement are made elsewhere in this Agreement. • 3.2 Civil Service Rules 8.A.3 and Civil Service Rule 14 shall not apply to applicants and empioyees from ihe City of SaiM Paui. 10-308 ARTICLE 4. CHECK OFF AND ADMINISTRATIVE SERVICE FEE 4.1 Dues. The Employer agrees to deduct the Union membership dues once each month from ihe pay of thase employees who individually request in wrding that such deductions be made. The amounts to be deducted shall be certified to the Employer by a represenfative of fhe Union and the aggregate deduetions of a(I employees sfiall be remitted together with an ftemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 42 Fair Share. Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the spec'rfic expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as spec'rfically provided by Minnesota taw and as otfierwise iegal. 4.3 The Union wiil indemnify, defend, and hold the Empioyer harmless against any claims and all suits, orders or judgmertts brought or issued against the Employer, fts officers or employees, as a resutt of any action taken or not taken by the Employer under the provisions of this Section. 4.4 The Employer shall provide a payroii deduction for voluntaty employee contributions to the Union's Non-Partisan Political League. ARTICLE 5. UNION RIGHTS 5.1 The Union may designate employees within the bargaining anit to serve as Union Stewards. 52 The Union shall fumish the Employer and appropriate department heads with a list of Stewards and akemates, and shall, as soon as possible, notify said appropriate District officials in writing of any changes therefo. Oniy those who are Officers and Stewards shall be recognized by the Employer for the purpose of ineetings. " ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Employer retains the right to operate and manage alI manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to establish and modify the organizational structure, to select, direct and determine the number of personnel; and to pertorm any inherent managerial function not specifically limited to this Agreement, 62 Any "term or condition of employment" not established by this Agreement shall remain with the Employer Yo eliminate, mod+fy or establish following written nofrfication to the Union. • � 6.3 This Agreement establishes the "terms and conditions of employment" defined by Minnesota Statute §179A.30, Subdivision 19, for ali employees exclusively represented by the Union. This Agreement shall supersede such °terms and conditions of emptoymenY' established by Civil Service Ruie, Councfl Ordinance, and Council Resolution. • 0 10-308 • ARTfCLE 7. HOURS, OVERTIME PAY 7.1 Hours of Emplovment. The normal workday and the normal workweek shall be eight (8) hours excluding one-half (1!2) hour for tunch in any twenty-four (24) hour period and forty (40) hours in any seven (7) day period. (For employees on a shift basis, this shall pe construed to mean an average of forty (40) hours a week.) The normal workweek sha11 consist of five (5) consecutive normal workdays. 7.2 Call-in Pav. When an employee is called to work, he/she shall receive two (2) hours pay if not put to work. if the empfoyee is called to work and commences work, hetshe shall be guaranteed four (4) hours pay. These provisions, however, shall not be effective when work is unable to proceed because of adverse weather conditions. 7.3 Lonaevitv Pav. Employees who have completed fourteen (14) full-time equivalent years of service with the Employer as of July 1 each year shall receive an additional $25 per hour above the normal hourly rate ot pay. 7.4 Overtime. Time on the payroll in excess of the normal hours set forth above shall be "overtime work° and shall be done only by order of the head of the department. 7.5 An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and- one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solely by the Employer. The overtime rate of one-and-one-half shall be computed on the basis of 1/80th of the biweekly rate. � ARTICLE 8. TOOL INSURANCE AND CLOTHING 8.1 The Employer will provide four (4) changes of coveralis per week in accordance with existing practices. 8.2 The Employer agrees to reimburse employee for tools damaged by fire or vandalism or for tools as may be stolen; however, such liability for reimbursement shall only apply in the event that the employee's tools are stored on the Employer's premises and"in such places as Employer shall designate, and, further, only if the tools are destroyed or stolen in their entirety as a result of a fire, vandalism or proven theft from the Employer's premises. ARTICLE 9. LEGAL SERVICES 9.1 Except in cases of malfeasance in office or willful or wanton neglect of duty or indifference to rights of others, the Empioyer shall defend, save harmiess, and indemnify an employee against tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the pertormance or scope of the employee's duties. 92 Notwithstanding the provisions of Subd. 9.1, the Empioyer shall not be required to defend or indemnify any employee against personal Iiability or damages, costs or expense (a) L� r� 10-308 ARTICLE 9. LEGAL SERVICES (continued) • resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to siander, 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 claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 9.3 Notwithstanding the provisions of Subd. 9.1 or 92, the Employer may at its sole discretion defend an employee against allegations, claims, demands or aciions 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 representatiort without regard to actual or potential conflicts of interest. 9.4 Each employee, within twenty (20) days after receiving notice of (1) a tort claim or demand, action, suit or proceeding againsi him or her, and (2) a judgment, verdict, finding or determination, either of which arises out of alleged or fou�d acts or omissions occurring in the pertormance or scope of fhe employee's duties, shaff notify the Employer by giving written notice thereof to the Employe�'s General Counsel. ARTICLE 10. MILEAGE 10.1 MILEAGE ALLOWANCE. Employees of the District, under policy adopted by the Board of Education, may be reimbursed for the use of their automobiles for school business. The . mileage allowance for eligible employees shali be estabiished by the Board of Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate established by ihe Intema! Revenue Service (IRS). 10.2 REIMBURSEMENT PROCEDURES. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the performance of _ assigned duties as veritied by the appropriate school district administrator and in accordance with District Business Office policies and procedures. ARTICLE 11. INSURANCE SECTION 1. ACTNE EMPLOYEE WSURANCE 1.T The tnsurance plans, premiums for coverages and benefifs contained in the insurance plans offered by the Employer shaii be solely controiled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit providers. However, the employees selecting the offered plans agree to accept any changes in benefits which a specific provider impiemenis. 12 Eliqibiliiv Waitina Period. One (1) full month of continuous regularly appointed service in the District will be required before an eligible employee can receive the District conVibutio� to premium cost for health and life insurance provided herein. • 10-308 ARTICLE 11. INSURANCE, Section 1(continued) • 1.3 For the purpose of this Articie, fuii-time employment is defined as appearing on the payroil at least thirty-rivo (32) hours per week or at least sixty-four (64) hours per pay period excluding overtime hours. 1.4 For the purpose of this Article, half-time employment is defined as appearing on the payroll at least twenty (20) hours per week or at least forty (40) hours per pay period excluding overtime hours. 1.5 For each full-time employee who selects empioyee coverage under a medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $500 per month, whichever is less. For each full-time employee who selects Samily coverage, the Employer will contribute the cost of such family coverage or $975 per month, whichever is less. 1.5.1 Effective January 1, 2�1�, for each full-time employee who selects employee coverage under a medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $550 per month, whichever is Iess. For each full-time employee who selects family coverage, the Empioyer will contribute the cost of such family coverage or $1075 per month, whichever is less. 1.52 Effective January 1, 2011, for each full-time employee who selects employee coverage under a medical insurance plan offered by the Employer, the Employer agrees to contribute the cost of such coverage or $575 per month, whichever is less. For each fuii-time employee who selects family coverage, • the Employer will contribute the cost of such famiiy coverage or $1125 per month, whichever is less. 1.6 For each half-time employee who seiects employee coverage under a medical insurance plan offered by the Empioyer, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees sefecting such employee insurance coverage. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contrib�ited for full-time employees seiecting such family insurance coverage. 1.7 Life Insurance. For each el+gible employee, the Emplayer agrees to provide $50,000 of basic life insurance coverage. 1.8 Dental Insurance. The empioyer will contribute for each eligible empfoyee who is employed full-time toward participation in a dental care plan offered by the employer up to $49 per month for single coverage. Employees who wish to enrofl in family dental coverage may pay the difference between the cost of family coverage and single coverage. 1.9 During the term of this Agreement, a pre-tax medical and child care expense account will be made available to empioyees in this bargaining unit who are eligible tor Employer-paid premium contribution for health insurance. The account will be available for medical and child care expenses within the established legai regulations and IRS requirements for such accounts. 1.10 Lona-Term Disabilitv insurance. The Employer shall provide, for each eligibie employee covered by this agreement who is employed full time, long-term disability insurance. • 10-308 ARTICLE 11. INSURANCE (continued) SECTION 2. RETfREMENT HEALTH INSURANCE PROViSIOhlS 2.1 22 Benefit Eliaibilitv for Emplovees who Retire Before Aqe 65 2.1.1 Emplovees hired into District service before Januarv 1. 1996. must have completed twenty (20) years of continuous empioyment wfth the District prior to retirement in order to be eligible for any payment ot any insurance premium contribution by the District after retirement. Not less than ten (10) of the years immediatety preceding retirement must have been completed within the actual employment of the District (i,e., service credit with the City of Saint Paui or other governmental unit shall not be considered in meeting this ten (10) year requiremeni. Effective June 30, 2006, all years of service toward meeting the twenty (20) year requirement must be in the actual employment of the District. No outside time with the City of Saint Paul or other govemmental units will be considered. 2.1.2 2.1.3 Emolovees hired into District service after Januarv 1. 1996, must have completed twenty (20) years of service with the District. Time with the City of Saint Paul will not be counted toward this twenty (20) year requirement. Eliaibilitv reauirements for all retirees: A. Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with the District. B. Must have been employed by the District and covered under this Agreement immediatety preceding retirement. C. A retiree may not carry his/her spouse as a dependent if such spouse is also a District retiree or District employee and eligibie for and is enroiled in the District health insurance program, or in any other Employer-paid health insurance program. D. Addi6onal dependents beyond those designated to the District at the time of retirement may not be added at District expense after retirement. E. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. F. Employees terminafed for cause will not be e(igible for emp(oyer contributions toward insurance premiums for either pre-age 65 or post- age 65 coverage. Emolover Contribution Levels for Empiovees Retirina Before Aqe 65 2.2.1 HeaRh lnsurance Employer Contribution • • L� 10 10-308 • Employees who meet the requirements in Subd. District contribution toward health insurance untii five (65) years of age as defined in th+s subdivision, 1 or Subd. 2 will receive a the employee reaches si�cty- 2.2.1.1 District contribution toward heaith insurance premiums will equai the same dollar amount the District contributed for single or family coverage to the carrier in the employee's last month of active employment. 22.12 In the event the District changes hea(th insurance carriers, it will have no impact on the District contribution for such coverage. 2.2.1.3 Any employee who is receiving family coverage premium contribution at date of retirement and later changes to single coverage will receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. ARTICLE 11. INSURANCE, Section 2(continued) 22.2 Life insurance Employer Contribution The District wilf provide for early retirees who qualify under the conditions of 2.1.1 or 2.12 of this Section, premium co�tributions for eligible retirees for $5,000 of life insurance only until their sixty-fifth (65th) birthday. No life insurance wiil be provided, or premium contributions paid, for any retiree age siuty-five (65) or over. • 2.3 Benefit Eliqibi�itv for Emplovees After Aae 65 • 2.4 2.3.1 Emplovees hired into the District befiore Januarv 1, 1996, who retired before age sixty-five (65} and are receiving benefits per Subd. 2 above are eligible, upon reaching age sixty-five (65), for employer premium contributions for health insurance described in 2.4 of this Section. 2.3.2 Emplovees hired into the District before Ja�uarv 1, 1996, who retire at age sixry-five (65) or older must have completed the service eligibility requirements in 2.1 of this Section to receive District contributions toward post-age sixty-five (65) health insurance premiums. 2.3.3 Emplovees hired on or after Januarv 1. 1996, shali not have or acquire in any way any eligibility for Employer-paid health insurance premium co�tribution tor coverage in retirement at age sixty-five (65) and over in 2.4 of this Section. Employees hired on or after January 1, 1996, shall be eligible for oniy early retirement insurance premium contributions as provided in 2.2 and Deferred Compensation match in 2.5 of this Section. Emplover Contribution Levels for Retirees After Aqe 65 2.4.1 Emplovees hired into the Disirict before Januarv 1. 1996, who meet the eligibility requirements in 2.3.1 and 2.32 of this Section are eligible for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy wiii not exceed: Coveraqe Twe Medicaze Eligible Non-Medicare Eligible Sinale Fam+iv $300 per month $400 per month $400 per month $500 per month 11 10-308 ARTICLE 11. INSURANCE, Sectlon 2(continued) At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in full by the retiree, or coverage will be discrontinued. 2.5 Emplovees hired after Januarv 1. 199fi, after completion of three (3) full years of consecutive active service in the District, are eligble to partic(pate in an employer- matched Minnesota Deferred Compensation Plan. Upon reaching eligibility, the District will match up to $50 per paycheck to a mauimum of $500 per year of consecufive active service, up to a cumulative lifetime maximum of $12,500. Part-time employees working half-time or more witt be eligibie for up to one half (50 percent) of tfie availab(e District match. Approved non-compensatory leave sha!! not be counted in reaching the three (3) full years of consecutive active service, and shall not be considered a break in service. Time worked in the City of Saint Paul will not be counted toward this three (3) year requiremertt. Effective January 1, 2010, employees hired after July 1, 1996, are eligible to participate in an Empfoyer matched Minnesota Deferred Compensation Plan or District-approved 403(bj plan, The District will match �p to $750 per year. Part-time employees working half-time or more will be eligible for up to one half (50%) of the availabie District match. Eifective January 1, 2011, employees hired after July 1, 1996, are e(igible to participate in an Employer matched Minnesota Deferred Compensation Plan or DisYricY-approved 403(b) pian. The District will match up to $1,000 per year. Part-time employees working half-time or more will be eligible for up to one half (50%) of the available District match. Federai and state rules goveming participation in the Minnesota Deferred Compensation Plan shall apply. The employee, not the District, is soleiy responsible for determining (�isfier total maximum allowable annuai contribution amount under IRS regulations. The employee must initiate an application to part+cipate through the DistricYs spec'rfied procedures. ARTICLE 12. HOLIDAYS 12.1 Holidavs Recoqnized and Observed. The ioilowing days shaif be recognized and observed as paid holidays: New Years Day Martin Luther King Day Presidents' Day Memorial Day tndependence Day Labor Day Thanksgiving Day Day After Thanksgiving Day Christmas Day Eligible employees shall receive pay for each of the holidays listed above on which they pertorm no work. Whenever any of the holidays lisied above shall fail on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeecfing Monday shall be observed as the holiday. 122 Elioibiliiv Requirements, To be eligible for holiday pay, an employee must have been active on the payroll the day of the holiday. It is further understood that neither temporary �or other employees not othervvise eligible shall receive holiday pay. 12.3 In the case of Board of Education employees, if Martin Luther King Day or Presidents' Day falls on a day when schooi is in session, the employee shall work that day at straight fime and another day shall be designated as the holiday. This designated holiday shall be a day on which school is rtot in session and shall be determined by agreement between the empioyee and the supervisor. • • � 12 10-308 • • C� ARTfCLE 12. HOLIDAYS, (continued) 12.4 Employees assigned to work on New Year's pay, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate for such hours worked. ARTICLE 13. VACATION 13.1 tn each calendar year, each full-time empioyee shall be granted vacation according to the foliowing schedule: Years of Service First Year Through 8 Years After 8 Years Through 15 Years After 15 Years 13.2 i 3.3 Vacation Hours Earned Per Hour On Pavroff 0.0692 0.0885 0.1077 `Annual Hours Earned 144 184 224 'Annual Days Eamed 18 23 28 'Annual hours and days earned are based on a two thousand eighty (2,080) hour work year. Vacation is earned on regufar hours on payroll. Years of Service is defined as the number of years since the date of employment. Emp4oyees who work less than full-time shall be granted vacation on a pro rata basis. The employee may carry over into the following year up to a maximum of one hundred si�y (160) hours of vacation. 13.4 If for reasons of business the department head determines that additional carry over is necessary for an employee, then the employee shall ask the immediate supervisor to allow additional time be carried over. The time of vacation shali be fixed by the head of the department in which the employee is employed. If an employee has been granted more vacation than the employee has earned up to the time ot separation from service, the employee shall reimburse the District for such unearned vacation. li an employee is separated from the District by reason of resignation, the employee shall be granted such vacation pay as the employee may have earned and not used up to the time of such separation, provided that the employee has notified the department head in writing at least fifteen (15) calendar days prior to the date of resignation. if an employee is separated from the District by reason oS discharge, retirement or death, the employee shall be granted such vacation pay as may have been earned and not used up to the time of such separation. 13.5 Sick Leave Conversion to Vacation. If an employee has an accumulation of sick leave credits in excess of one thousand four hundred forty (1,440} fiours, helshe may conver[ any part of such excess to vacation at the rate of one-half (1!2) day's vacation for each day of sick {eave credit. The maximum number of hours vacation aiiowed by the conversion of sick leave credits shaff be no more than iorty (40) hours in any one year. 13 10-308 ARTICLE 14. PROBA710N 14.1 Original Emplovment Probation. A new employee shall serve a six (6) month probationary period, following regular appointment to a position Covered by this Agreement. At any time during this original probationary period, the employee may be suspended, disciplined or discharged at the discretion of the Employer, and without recourse to the grievance procedure. The probation period will exclude any unpaid leaves of absence when calculating time toward completion of any probationary period. 142. Promotional Probation. An employee newly promoted to a pasifion covered by this Agreement shal! remain on promotional probation for a period of six (6) months. At any time during this probationary period, ihe employee may be retumed to the employee's previous position or to a position to which the employee may have been transferred or assigrted prior to the promotion, at the discretion of the Employer, and withoui recourse to the grievance procedure. 14,3 Civil Service Ercaminations and Probation. Employees who resign and transfer to a position with the City of Saint Paul and do not pass probation do not maintain rights to retum fo their posifion with the District. ARTICLE 15. DISCIPLINE • 15.1 The Employer will discipline employees for just cause onfy. Discipline will be in the form • of: a) Orai reprimand; b) Written reprimand; cj Suspension; d) Reduction; e} Discharge. 152 Empioyees and the Union will receive copies of written reprimands and notices of suspension and discharge. 15.3 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to his/her supervisor regarding propased discipline. The supervisor wili then offer to meet with the employee prior to making a final determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee will be given the opportunity to respond in writing. 15.4 Employees who are suspended, demoted or discharged retain all rights under Minnesofa Statufe §179A20, Subdivision 4, a�d thereby have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 16 (Grievance Procedures). Orai reprimands shail not be subject to the grievance review procedures. C — 14 10-308 . 16.i The Employer shalf recognize stewards selected in accordance wfth Union ru{es 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. ARTiCLE 16. GRIEVANCE PROCEDURES 16.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The Steward invoived and a grieving empfoyee shall suffer no foss in pay when a grievance is processed during working hours, provided the Steward and the employee fiave notitied 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 ot the Employer. 16.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of disciplinary action as provided by Article 15, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this Agreement. Grievances shall be resolved in conformance with the following procedure: Ste° 1 Upon the occurrence of an alleged violation of this Agreement, the employee invoived 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 shali set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within ten (10) calendar days of the first occurrence of the event giving rise to the grievance or within the use oi reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Steo 2 Within ten (10) calendar days after receiving the written grievance, a designated Employer Supervisor shail meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresoived, the Employer shall reply in writing to the Union within five (5) calendar days foliowing this meeting. The Union may refer the grievance in writing to Step 3 within ten (10) calendar days fofiowing receipt of the Employer's written answer. Any grievance not referred in writing by the Union within ten (10) calendar days following receipt of the Employer's answer shal! be considered waived. Steo 3 Within ten (10) calendar days following receipt of a grievance referred from Step 2, a designated Employer Supervisor shall meet with the Union Business Manager or the designated representative and attempt to resolve the grievance. Within ten (10) calendar days following this meeting, the Employer shall reply in writing to the Union stating the Empioyer's answer concerning the grievance. if, as a resuft of the written response, the grievance remains unresoived, the Union may refer the grieva�ce to Step 4. Any grievance not referred in writing by the Union to Step 4 within ten (10) calendar days following rece+pt ot the Employe�'s answer shall be considered waived. L� 15 za3os ARTICLE 16. GRIEVANCE PROCEDURES (continuec� Step 4 if the grievance remains unresoNed, the Union may within ten (10) catendar • days after the response of the Empioyer in Step 3, by written notice to the Employer, request arbdration of the grievance. The arbftration proceedings sha!! be conducted by an arbitrator to be selected by m�t�al agreement of the Employer and the Union within ten (10) calendar days after notice has bee� 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 panei of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The Union shall strike the first name; the Employer shall then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 16.4 The arbitrator sha(f have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shaft consider and decide on(y the spec'rfic issue submitted in writing by the Employer and the Union and shalf have no authority to make a decision on any other issue �ot so submitted. The arbitrator shali be without power to make decis+ons contrary to or inconsistent with or modifying or varying in any way the applicafion of laws, rules or regulations having the force and etfect of law. The arbitratoPs decision shall be submitted in writing wRhin ihirty (30) days following close of the heazing or the submission of briefs by the parties, whichever be IaYer, unless the parties agree to an extension. The decision shali be 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. 16.5 The fees and expenses for the arbftrator's services and proceedings shall be borne � eq�ally by fhe Empioyer and the Union, provided thaf each party shall be responsible for compensating its own representatives and wimesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provid'mg d pays for the record. 16.6 The time limiis in each sfep of this procedure may be extended by mutual agreement ot the Employer and the Union. 16.7 For the purpose of this severance pay program, a transfer from the District employment to City of Saint Paul employment is not considered a separation of employment, but such transferee shall not be eligible for this severance program. 16.8 It is understood by the Union and the Empioyer that a grievance may be determined by either fhe grievance procedure of this contract or by the provisions of the Civil Service Rutes of the City of Saint Pau(. ff an issue is determined by this grievance procedure, if shall not again be submitted for arbitration under the Civil Service Ruies. If an issue is determined by the provisions of the Civil Senrice Rules, it shall not again be submitted for artritraYion under this grievance procedure. � 16 ia3oa C 1 J 17.� fhe Employer shali provide a severance pay program as set forth in this Articie. Payment of severance pay shall be made within the tax year of tfie retirement as described in Business Office Rules. ARTICLE 17. SEVERANCE PAY 17.2 To be eligible for the 403(b) ta�c-deferred retirement program for sheltering severance pay and vacation pay, an employee must meet the following requirements: 17.2,1 The employee must be eligible for pension benefits from Public Employee's Retirement Association of Minnesota (PERA) or other public empioyee retiree program. 1722 The employee must be voluntarily separated from District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency or any other discipiinary reason are not eligible for this severance pay program. 17.3 Effective June 23, 2007, if an employee notifies the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the efigibility requirements set forth in 182 above, he or she will receive a District contribution to the School District No. 625 403(b) Tax-Deferred Retirement P{an for Sheltering Severance Pay and Vacation Pay in an amount equal to $100 for each day of accrued, unused sick leave, up to 175 days. 17.3.1 If an employee notifies the Human Resource Department in less than three (3) � months in advance of the date of retirement and requests severance pay and if the employee meets the eligibiiity requirement set forth above, he or she will receive a District contribution to the District 403(b) 7au-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $85 day for each day of accrued, unused sick Ieave up to 205.9 days. 17.32 IS exigent circumstances exist, such as a sudden ilinessfinjury of the employee or immediate family member necessitating immediate retirement, and if the employee meets the eligibility requirements set forth above, he or she will receive a District contribution to the District 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $100 pay for each day of accrued, unused sick leave up to 175 days. • 17.4 Effective June 23, 2D07, the maximum amount of money that any employee may obtain through this 403(b) Ta�c-Deferred Retirement Plan ior Sheltering Severance Pay and Vacation Pay is $17,500. 17.5 For the purpose of this 403(b) Tax-Deferred Retirement Pfan for Shelteri�g Severance Pay and Vacation Pay, a death of an employee shali be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, contributions to the 403(b) Tax-Deferred Retirement Plan for Sheitering Severance Pay and Vacation Pay shail be made to the employee's estate. 17.6 For the purpose of this 403(b) Tax-Deferred Retirement Pfan for Sheltering Severance Pay and Vacation Pay, a transfer from the District emp{oyment to City of Saint Paul employment is not considered a separation of employment, and such transferee shali not be eligible for this plan. 17 10-308 ARTICLE 18. WAGE SCHEDULE 18.1 The wage schedule for purposes of this contract shall be Appendix A, attached hereto. 182 The Vehicle Mechanic Leadworker rate will be no less than 25¢ per hour higher than the Vehic(e Mechanic rafe. 18.3 The Nutrition Services Equipment Repair Leadworker rate will be no less than $.60 per hour higher than the NutMion Services Equipment Repair rate. 18.4 Employees should routinely review their biweekly pay check artd immediately document any errors or inquiries by contacting the DistricPs payroll department. Failure to notify the payroll department in a timely manner, or failure to routinely review the accuracy of hislher biweekly compensation may result in lost compensation to the employee. 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. In the case of an overpayment, the District has the authority to deduct from the employee's check up to the full amount owed for a maximum retroactive period of two-years. L� Procedure for Addressino Sianificant Overpavment Errors. In the case of a significant overpayment, deducfions from biweekty compensation shali be based on a repayment schedule established by ihe District. The District, at its discretion, may fimit the amount of repayment to less than the iwo-year retroactive period descrfbed above. The reduction of a reimbursement period will be based on the nature of the error and whether the employee took reasonable preventative actiott by routinely reviewing the accuracy of his/her bAveekly compensation. • ARTICLE 19. STRIKES, LOCKOUTS, WORK INTERFERENCE 19.1 The Union and the Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-downs, stay-ins, or other concerted interferences with the Employer's business or affairs by any of the said Union and/or the members thereof, and there shall be no bannering during fhe existence of this Agreement wiffiout first using aii possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shatt be liabte for disciptinary action. ARTICLE 20. SAFETY SHOES 20.1 The Employer agrees to pay $150 over the tertn of this agreement toward the purchase or repair of safety shoes for an employee who is a member of this unit. Preauthorization is required prior to the purchase of safety shoes. Emptoyees must contact the Facility Planning Office fo obtain preauthorization for safety shoes. This contribution to be made by the Employer shall appiy only to those employees who are required to wear protective shoes or boots by the Employer, � 18 10-308 • ARTICLE 21. LEAVES OF ABSENCE 21.1 Sick Leave. Sick leave shali accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is uniimited. To be efigibfe for sick leave, the empioyee must report to his/her supervisor no fater than one- half hour past hislher regular scheduled starting time. The granting of sick Ieave shafl be subject to the terms and provisions of ihis Agreement. Any employee who has accumulated sick leave as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary for the foliowing specified allowable uses: 21.1.1 Personal Iliness. Employees may use accumulated sick leave for hours off due to personal illness. The employee may be required to furnish a medical certificate from a qualified physician as evidence of illness or physical disability in order to quaiify for paid sick leave as per District practice. Accumulated sick leave may also be granted Sor such time as is actualfy necessary for office visits to a doctor, dentist, optometrist, etc. 21.1.1 Familv iiiness. Empfoyees may use accumulated sick leave for hours off due to sudden sickness or disability of a parent or a member of his/her household or to make arrangements for the care of such sick or disabled persons up to a maximum of eight hours sick leave per incident. Up to one hundred twenty (120) hours of accumulated sick leave may be used in a work year to allow the employee to care for and attend to the serious or critical iliness of his/her spouse or parent. These hours when used are deducted from sick leave. 21.1.3 Sick Child Care Leave. Sick leave to care for a sick child shall be granted on the • same terms as the employee is able to use sick feave for the employee's own illness. This leave shall oniy be granted pursuant to Minn. Stat. §181.9413 and shall remain available as provided in Statute. 21.1.4 Bereavement Leave. A leave of absence with pay, not to exceed five (5) days, shail be granted because of the death of an employee's spouse, child or step chiid, parent or step-parent, and reguiar members of the immediate household. Up to three (3) days shall be gra�ted because of death of other members of the employee's immediate family. Other members of the immediate family shall mean sister or step sister, brother or step brother, grandparent, grandchild, parent-in-law, son-in-law or daughter-in-law. Leave of absence for one (1) day shall be granted because of death of other close refatives. Other close relatives shall mean unc{e, aunt, nephew, niece, brother-in-law and sister-in-law. Travel Extension: If an employee is required to travei beyond a two-hundred (200) mile radius of Saint Paui for purposes related to eligible bereavement leave, two (2) additional days of sick leave may be used. Employee, if requested shall provide the Human Resource Department verification of the funeral focation outside ot Saint Paul. 21.1.5 Ado�tion Leave and Father with Newborn Child. Up to thirty (30) days of accumuiated sick leave may be used in a contract year to attend to adoption procedures or care for a newly-adopted child or for a father with a newborn child. Use of Ynese thirty (30) days does not need to occur consecutively. The thirty (30) days of sick {eave for fathers of newborns must be used within six (6) weeks surrounding the 6irth of the child. For adoption the thirty (30) days of sick leave may be used for adoption processes or up to six (6) weeks following the adoption. Upon completion of the adoption process additio�al sick leave may be allowed for . the care of a sick child as required by Minnesota Statue 18.9413. 19 10-308 ARTICLE 21. LEAVES OF ABSENCE (continued) 212 Court DuN Leave 212.1 Court Cases. My empioyee who is duly subpoenaed as a witness in any case in court shaii be entitled to leave with pay for that purpose provided that the empioyee is nof a party in the case, and provided that the case is not the resuit of litigation undertaken by the employee or the Union against the District. In cases where the Board is a party in ihe litigation, the employee shail be entitled to pay while attending as a witness at the request of the Board or as a co-defendant in the case. 21.22 Reauired Jurv Dutv. Any employee who is required to serve as a juror shall be granted leave witfi pay while serving on jury duty contingent upon ihe employee paying to the Board any fees received, minus travel aliowance, for such jury service. The employee may seek to be excused irom jury duiy. 21.3 Militarv Leave • 21.3.1 MilitaN Leave With Pav. Any empioyee who shall be a member of the National Guard, ffie Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shatl be a member of the Officers Reserve Corps, the Enlisted Resenre Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of pay, seniority status, efficiency rating, vacation, sick leave or otf�er benefits for all the time when such employee is engaged with such • organization or component in training or active service ordered or authorized by proper authority pursuant to law, whether for state or federal purposes, provided that such leave shall not exceed a total ot fifteen (75) days in any calendar year and further provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the empioyee 1) retums to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limded for such leave; or 2j is prevented from so retuming by physical or mental disability or other cause not due to such employee's own fault; or 3) is required by proper authority to contlnue in such military or naval service beyond the time herein limited for such leave. Any employee who is a member of the armed forces or National Guard and who is cal(ed to acfive duty may be efigible for pay continuafion pursuant to the requirements of Minnesota Statute 47i.975. 21.32 Militarv Leave Withoui Pax Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the state or of the United States for which leave is not otherwise aliowed by law shall be entitled to leave of absence from employment without pay during sucfi service with right of reinstatement and subjeci to such condifions as are impased by law. Such leaves of absence as are granted under Article 9.3 shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer no additional benefits other than those granted by said staYUte. � 20 10-308 • 21.4 Generaf Non-Compensatorv Leave of Absence. After three months of employment, an employee may make application for a ieave of absence not to exceed one year. A(eave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 3250). ARTICLE 21. LEAVES OF ABSENCE (continued) 21.4.1 Said rules are supplemented and amended by the folfowing provision: AII requests for unpaid leave are subject to District approval. Such requests are to be submitted to the Human Resource Department on a form provided by the Empioyer. If an employee's request for thirty (30) days or more of non-medical and non- parental leave is approved, the employee wilf be offered the opportunity to return to employment in an equivaient position, if a vacancy is available after the conclusion of the leave. lt no equivalent vacancy exists at that time, the Districi will continue to consider the employee's return for two (2) years after the conclusion of leave. If no equivalent vacancy has occurred and has been assigned by the end of two (2) years from the conclusion of leave, the employee's name will be dropped from consideration as though he/she had resigned, and the empioyee will be considered resigned. "Equivaient vacancy' means a position of the same job classification held by the employee at the time of the leave, which remains in existence, has been vacated by the resignation or termination of another employee, and which the District intends to fill in the same classification. • 21.5 Parentai Leave 21.5.1 Parental leave is a leave without pay or benefits which shall be granted upon request subject to the provisions of this Sectfon. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child or children of the employee for an e�ctended period of time immediateiy followi�g adoption or the conclusion of pregnanc�; such period of leave shall be no fonger than one calendar year in iength. Leave up to six (6) calendar months shal{ be granted upon request. Leave for more than six (6) cafendar months is at the discretion of the Employer. 21.5.2 In case of pregnancy, an employee who wishes to use a period of (paid) earned sick leave at the time of pregnancy and delivery-related disability, may request unpaid parental leave for a period following the use of earned sick leave; however, sick leave time shall not be granted within (during the course of) a period of unpaid parental leave. The employee requesting such sequential leave shail submit an application in writing to the Director of Human Resources of the District not later than twelve (12) weeks in advance of the anticiQated date of delivery. The employee will be required to submit, at the time of use, appropriate medicai verification for the sick leave time claimed. 2i.5.3 In ihe case of adoption, the employee shall submit to the Director of Huma� Resources of the District a wriften application including the anticipated date of placement of the child, at least twelve (12) weeks in advance of the anticipated date of placement, or eariier if possible. Documentation will be required. L J 21 10.308 ARTICLE 21. LEAVES OF ABSENCE (continued) 21.5.4 When an employee is retuming from parental leave extending over a period of six (6) calendar months or less, the empioyee shal( be placed, at fhe beginning of the first pay period foilowing the scheduled date of retum, in the same position held prior to the leave or, if necessary, in an equivalent position. 21.5.5 When an empioyee has requesfed and been granted leave for a period longer than si�c {6) Calendar months, but no more than iwelve (12) calendar months, the employee will be placed in an equivalsnt position after the scheduled date of retum as soon as an equivalent vacancy becomes available. For purposes of this provision, an equivalent vacancy is a position in the same title which exists, has no cert'rfied incumbent, which is to be filled, and for which no other person has rights. 21.6 Famifv Medicai Leave. Effective February 1, 1994, leaves of absence shaii be granted as required under the federai law known as the Famify and Medicat Leave Act (FMIA) so lortg as it remains in force. The Human Resource Department provides procedures which coordinate contractua! provisions with FMLA. 21.7 School Activities Leave Without Pav, An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year for school acfnrities of his/her own child, pursuant to Minn. Stat. § 181.9412 rules, so long as the Statute so provides. 21.8 Educational Leave. Leave with pay may be granted for educational purposes at the option of the Employer. • 21.9 Union Official Leave. An employee elected or appointed to a full-time paid position by the • exciusive representative may be granted a ieave of absence without pay for not more than one (1) year for the purpose of conductirtg the duties of the exclusive representative. 21.10 Release Time for Neqotiations. Members of the negotiating team may be released from their assignment with appropriate advance notice for such reasonable time as is necessary to attend negotiation sessions set by the school district and union. Such time may be granted upon approval of the employee's immediate supervisor and payment of salary during time off may be granted on at the discretion af the District. 21.11 Quarantine. Employees quarantined by a health officer because of contagious disease conditions at the work site shall receive payment for time lost througfi such unavoidable cause for a peribd not to exceed ten (10) days. ARTICLE 22. SAVINGS CLAUSE 22.1 This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall be heid contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within tfie time provided, such provision shall be voided. AII other provisions shaii continue in fuii foroe and effect. • � 1 i3 • ARTiCLE 23. DUR,4TION 23.1 Except as herein provided, this Agreement shaif be efifective as of the date ft is executed by the parties and shall continue in fiuil force and effect through June 30, 2011, and thereafter until modifiied or amended by mutual agreement ofi the parties. Either pariy desiring to amend, or modify this Agreement shall notify the other in wrRing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971, as amended. 232 This constitutes a tentative agreement between the parties which will be recommended by the school district negotiator, but is subject to the approval of the School Board, the Administration of the District, and is also subject to ratrfication by the Union. 23.3 Severabilitv. In the event that any provisio�(s) ofi this Agreement is declared to be conirary to law by proper legislative, administrative or judiciai authority firom whose fiinding, determination or decree no appeal is taken, such provision(s) shall be voided. All other provisions shall continue in full force and effect. 23.4 Waiver. The Empioyer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject conceming the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fully and compietefy set foRh in this Agreement. Therefore, the Empfoyer and the Union for the duration of this Agreement agree that the other party shail not be obfigated to meet and negotiate over any term or condition of empioyment whether specifically covered or not specificaliy covered by this Agreement. � The Union and Empioyer may, however, mutually agree to modify any provision of this Agreement. Any and ail prior ordinances, agreements, resolution, practices, poficies, and rufes or reguiations regardi�g the terms and conditions of empfoymerrt, to Yne extent they are inconsistent with this Agreement, are hereby superseded: WITNESSES: DlSTRICT LODGE N0. 77, INTERNATIONAL ASSOCIATION OF MACHINiSTS AND AEROSP €W E , AFL-Ci0 ��_ � /-G-.zd�D � Dafe . Date 23 INDEPENDENT SCHOOL DISTRICT N(l COC APPENDIX A EFFECTIVE Julv 04. 2009 $24.85 $24.85 $26.78 The wage rates and salary ranges for class'rficalions in this unit are shown below: Machinist VehiGe Mechan3c Vehicle Mechanic Leadxrorker Vehicle Mechanic Trainee First Third Fourtfi Fifth Sixth Seventh Eighth 10-308 EFFECTIVE Julv 03. 2010 $25.i0 $25.10 $27.03 2,000 hours 60°k af the Vehicie Mechanic base rate 1,000 hours 65% of the Vehicle Mechanic base rate 1,000 hours 70% of the Vehicte Mechanic base rate 1,000 hours 75°� of the Vehicle Mechanic base rate 1,000 hours SD% of the Vehicle Mechanic base rate 1,000 hours 85% of the Vehicle Mechanic base rate 1,000 hours 90% of the Vehicle Mechanic base rate � � Audio Usual Equipmenf Repairer Nutrition Services Equipment Repairer EFFECTIVE Julv 04. 2009 Probationary Rate Base $23.56 $24.85 $18.02 $20.12 EFFECTIVE Julv 03. 2010 Probationary Aate RaYe $23.St $25.10 $7927 $20.37 r_ �� 24 10-308 � APPENDIX B MEMORANDUM OFAGREEMENT Post Employment Health Insurance This Memorandum of Agreement is by and between the Board of Education, Independent School District No. 625 (hereinafter "DistricY'); and the International Association of Machinists and Aerospace Workers Local No. 77 (hereinafter "IAM"), exclusive representative for machinists. It is entered into for the exciusive purpose of setting forth a sunset to post-employment retirement benefits for future employees. Pertinent Facts • Saint Paul Public Schoofs will qualify to levy for 2010-i 1 funds to assist with the DistricYs obligation to pay for post-employment retirement benefits if future employees are ineligible tor alf d'+strict contributions tor health insurance premiums upon retirement. • The 2007-2009 labor agreement between the parties contains a sunset on district contributions for health insurance after a retiree reaches Medicare eligibility. The agreement does not contain a sunset tor district contributions toward health • insurance prior to Medicare eligibility. • In order to qualify for the Ievy, the parties must agree to a sunset provision thai provides no heaith insurance (pre- and post-Medicare eligible) for all future employees. This agreement must be formalized and submitted to the Minnesota Department of Education. Terms and Conditions of Emolovment specific to: • The labor agreement between the District and the tAM estabfishes all of the terms and conditions for retirement benefits, and its terms are not voided or diminished � for any current employee by any supplementary provision herein stated. • The amendment herein stated pertains only to future new employees. • The parties agree to add the following language to Article 11, Section 2, 2.1.3 Retirement Health Insurance, of the 2009-11 agreement: G. Employees hired on or after January 1, 2014, will not be eligible for any district contribution toward health insurance upon retirement. • 25 10-308 Memorandum of Agreement Post-Employment Health Insurance November, 2009 • The parties agree to add the folfowing (anguage fo Article 11, Section 2, Retirement Health Insurance, add Subd. 2.6 of the 2009-71 agreement Employees hired on or after January 1, 2014, shall be eligible for $200 per year employer match in addition to the match amount provided in this section for employees hired after January 1,1996. • The District will request an Attomey Generai's opinion on the necessity of the January 1, 2014, sunset provision set forth herein. In the event the Attomey General's opinion determines such sunset provision is not necessary in order to quatify the district tn levy under M.S. 126C.41, Subd. 2(b), this agreement is nufl and void. Duration This Memorandum of Agreement shail remain in effect until a successor agreement is rat'rfied by both parties. ` INDEPENDENT SCHOOL DISTRiCT NO. 625 �Gi— Kaz a Ko -Thao Chair, Board of Education ��' C./ T resa C. Rogers E�cecutive Director, Hu� Resouroes and Em y RelaSo � 5usan Guttrrod Negotiations/Empioyee Relations Manager Intemational Association of Machinists and Aerospace Wo Locai No. 77 i `'�� ` Richard Ryan Business Representative Intemationat Association of Machinists atid Aelpspas�Workers Local No. 77 1"ntemationaf�ASSOCiation of Machinists Aerospace Workers No. 77 / - -Zd/c� Date 26 � . r 7 � 10-308 INDEPENQENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATtON SAINT PAUL Pt3BLIC SCHOOLS DATE: January 19, 2010 TQPIC: Approval of Empioyment Agreement Between independent Schoof District No. 625, Saint Pauf Public Schoois, and Minnesota Teamsfers Local 320, Exclusive Represeniative for Nutrition Services Employees A. PERTINENT FACTS: 1. New Agreement is for a two-year period from July 1, 20D9, through June 30, 2D11. 2. Contract changes are as foltrnvs: W es: Effective July 4, 2009, ihe top salary schedute step only ts increased 1.95°/a. Effective July 3, 20t0, the top salary schedule step onfy fs increased 1.6°!,. Deferred Comnensation: Effeclive January 1, 2010, ihe District match contribution ls increased from $600 to $800 per year and the tollowing requirements are eliminaled: fhree- year seNice eAgibiiHy reqWrement, $50 per pay check maxJmum match, and $12,500 liFetime employer maximum contribution. Effective January 1, 201 i, the District mafch coniribution is increased ftom $8d010 $i per year. lnsurance: Effective 3an�ary 1, 20i 0, the pistrict's monthly contribvtion for single covarage is inereased to $550; FamilylSingla+l coverage is increased to $1,075. Eftective January 1, 2Q11, the District's contribution for singie coverage is increxsed to $575. Familyl5ingie+i coverage is increased to $1,125. Effective February 1, 2010, the pistrlct shal€ provide bng-term disabtlity insurance ior employees covered by this agreement and who are etigibte for tull-time benetits. OPEB: A Memprandum of Agreement regarding osher post-employtnent benefifs was reached removing the dislrict contribuiion for health insurance upon retirement for emptoyees who are hired on or afteY January 1, 20'!4, and who retire before reaching the Medieare- eligible age. The distrlct contrtbutlon witl be replaced with a$200 per year districF inatch to a 403(b) reiirament savings pian. t3ew Lanauaas: Nutrition Services empioyees will be provided up to a maximum of ten {70) days paid leave of absenca Eor quarantine or catastrophic �saster. 3. The District has two hundred thlrty-five (235) amployees in this bargaining unil. 10-308 Empioyment Agreemerd Nutrition Services January 19, 2010 Page Two 4. This item wil! mest the Dfstrict's target area goai ot aBgning resouroe albcat'son to Districi priorities. 5. This request is s�mitted by Joyce Vlcior, NegotiationslEmpbyee Relalions Assistant Manager, Sue Gut6rod, Negofiaiions/Employee Relalions Manager, Teresa C. Rogers, Exacutive Director of Human ftesources and Employee ReEatEons; Nitesh Harla, Chief Operations Officer; and Michaei Bapmann, lnterim Chief FinancEal Officer. B. RECOMMENDATiON: That the Board of Educatfon of Independent School Disiric# No. 625 approve and adopt the Agreement concern(ng the terms and conditions of employment of those nutrition services employees in fhis District for whom the Minnesota Teamsters Locai tVo. 320 is the exciustve representative; duratlon of said Agreement is (or the period of July 1. 2009 through June 30, 2011. i a3os INDEPENDENT SCHOOL DISTRICT N0. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS QATE: January 19, 2010 TpPIC: Approval of Employment Agreement Bstween InBependent School Qistrict No. 625, Saint Pau{ Pubfic Schoois, and Minnesota Teamsters Local 320, Exclusive Represeniafive for Nufrition Services Employees A. PERTINEN7 FACTS: 1. NewAgreement is for a two-year perbd from Ju{y 1, 20D9, through Juna 30, 2011. 2. Contract changes are as follows: W es: Efieetive Jufy 4, 2p09, the top salary schedute step only Is irscreasad 1.95%. Efifective July 3, 20t0, the top salary schedule step onfy fs lncreased 1.6°!0. Deferred Com�ensation: Effeciive January 1, 2010, fhe District match contr(bution is mcreased from $6fl0 to $8Q0 per }rear and the foflowing requirements are eliminated: fhrea• year service eNgibiiity requirement, $50 per pay check maximum match, and $12,50011te[ime empbyer rnaximum oorttribution. Eftective January 1, 201 i, the District match contribution is increased from $840 to $1,000 per year. Insurance: Effective January 1, 2010, the DistricFs monthly contribution for single covarage is 2611 �the D$ricts ontrSbutiog s ngle erage is ncreased to $6 5f Fa�mily/Singis coverage is fncreased to $1,126. Effective February 1, 2010, !he Distrlct ahai4 provids lon9-term disability insuranse for employees covered by ihis agreemenf and who are atigible for full-time benefits. PEB: A Memorandum ot Agreament regarding other post-employment beneflts was reached removing the disirict contribuUon for health insurance upon retirement for empfoyees who are hired on or after January 1, 20i4, and who retire Hefore teaching the Medicare- efigible age. The disirtct aontrlbutfon w(II be replaced with a$200 per year district match to a 443{b} reiiremetrt savings ptan. iVew Lanauaqs: Nutriiion Services employees will be provided up to a maximum of cen (t0} days paid ieave of absence for quarantlne or catastrophic d�saster. 3. The Oisfriet has two hundred ihirty-five (235} amployees in this bargaining unit. 10-308 Empioyment Agreement Nutrition Senrices January 19,20i0 Page Two 4. 3his Item w71 meet the District's target atea goal of aligning resource allocation to Disirict priorities. 5. This request is s�mitted by Joyce Vlciar, Negotiations/Employae Relations Assistant Manager; Sue Gutbrod, Negotiations/Emplayee Rela3ions Manager; Teresa C. Rogers, Executive oirector of Human Resources and Employee Refations; FEitesh Hada, Chiei Operations Officer; and Michael Baumann, Intedm Chief FinancEal OfEicer. B. RECOMMENDATION: That the Board of Educatlon of Vndepandeni Schoo{ Disirict No. 625 apprwe and adopt the Agreement concerning the terms and conditions of employment of those nutrltiort services employees in this District for wham the Minnesota Teamste�s Local No. 320 {s the exciusiva representative; duration of said Agreement is tor the period of July t, 2008 through June 30, 2011. 10-308 • between INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and � 2009 - 2011 AGREEMENT MINNESOTA TEAMSTERS LOCAL NO. 320 Representing Nutrition Services Personnel July 1, 2009 through June 30, 2011 Saint Paul PUBLIC SCHUULS � f d'-308 . , � � ��,� � , � . � � �� , ��„ � �� ,,, �� , .,� „�� ' �� , - � ,„ �„ �� .�„ �� ° r , , ^� � �� , � �� , � ��r � , �, � � �,� � ',�� , � � � � . , , � � � �� , , � � � I , � � � . , �� „ p ' � , .� . �� ,, _ ,, � � � � _ � ., � „ , a . .� .� , � , „' . ,„ , � , �� . . � � � �� 1'� �� , , � � � � � ' '�� ' g�[e�t�E �s��aa�s � �.'., � , � � ' � � � s �,, i � �,, , � � � � F a,,,,::��„ � � , � � , , �� ;,, , .�,,,�.-,� ,.,��, � � ,� � � �� , „ � � . , , , ,, , �� .: �,^ .,, , �� SAINT PAUL P�6LIG SCHOQtiS � Indepeniient Schoof Distr�ct No 625 ' ' � ''' �, _ .,. , ,, , , � � „ . � � „ tiorr � i � , ,, � � ;S oard •of Educa ;,, ; ,,', � i� ' � i i �� I � 1 ' � I i i �. . � ' � `-M �. . i J u � Wy4 �a�f .�i� / 'ii� � . , �ona Street-Ste ,iofm Brodrick Wice-Cha�r � � � ' i ';: , � �� eitli H'ar Cyerk � � �IC �' � � „ „ � �, � � � Tie�surer�� - � �nrrelL , � �� _ � Jea� O.'Co, , � �� „, , a � � � � , � � � Anme CaROI�' "-, D�ipector � � , ,. � � , ��', � � � IGazoua Kong-Thao Di�ector � � � � � � ', ." Vailay,Vazra Direefor „� � . . � � � � „ r ,..," � � � � � � � " � i � � � � ��'i � � � � „ � � ., ' � � � , I , . � � ��, �� .' � ,,, , ;�' ,,, i . , ,; ' , 1 ' y ' i ,,„ � . � � � ,�' �.��', �'. � a, � � _ �� i � � ( -� � , „ , . , � , � , � „ . � , �. , . �� , i ' � , , ; , `�, �, ', �, , , � � , , � � , � , ,. � � , � , , , �� . � , � � . �� , . , . � h „ � ,✓ i � �, - , , ^ , �, . , i ' " � i � ' � �',' � i'4� , i � � ��'� �i „ , „ i i��, , � � ' , � ��, ''�� ,,' . ' , i,� ' , , ', � � ' •� '� I � ,,,, ,,, ' �"„ ' �> , , �� , , , � , � , �'. �;' , �'' �� ,., ' ',., ... �.� �, � � �,� ;� � ,' � ; �� '. .'; " , ^ " ` . , �. '�' ;,'��i , �':'i � ' � � „� �.� � � _ � � � , � ' � , , � , , , � � , � � � , I „ ��.,� . r � , ' � � �, � , � , � � „ , , � , � � „ , . � � i , „, i � i � ' r `. ' '. � � � � ,� �'. ��- "',. ," . � �, �� ,��'� �� , ' ��, � . ., ' �r . : , "., � � ,.a � , , � � , � ' . � , .e ' " , , � �� . , , ,� ,�� - I � ..�' � , � .� � ri� � � , � . , , y. . r' „ , i , . , � ',� . i �, ,. � � � � � . , ' .. , „ , , � , . ,� � � ,,� , , , ' ,,.,,,, . i, 2 ; �� I I l n i �� i i .. I I i t„�i iIF� ��J � iii li�, I� i �i,P� �' i I�� I I� I i n i r i ' �5 � �I i , i e� i,! e�li y' 1�,i��'Y�'i['l.tr�).�rd,u�V6asx,=h,a26:n,im.4ti�w.�'�.�.riwuw.I.. V�ri a.inr . r .. H' : r>4 ^ . . . .,� r i h ' q '.. �y �i_ w, du�ti �I�I . . , ��:�'..,di ..J. � ^al � i it..�� 10-308 � ARTICLE CONTENTS NEGOTIATED TERMS AND CONDITIONS OF EMPLOYMENT PAGE Articfe 1. Definition of Agreement .............................................................................................4 Article Recognition ................................................................................................................4 Article Check Off, Fair Share ................................................................................................5 � Article 4. Mai�tenance of Standards .........................................................................................5 Article 5. Non-Discrimination, Affirmative Action ......................................................................5 Article6. Holidays .....................................................................................................................6 Article 7. Compensatory Leave .................................................................................................6 Article8. Hours .........................................................................................................................7 Article9. Vacations ...................................................................................................................8 Article10. Breaks .......................................................................................................................8 Article 11. Civil Service Examinations and Probation .................................................................9 Article 12. Seniority, Layoff and Recall ......................................................................................9 Article 13. Insurance Benefits ...................................................................................................11 • Article 14. Working Conditions .................................................................................................14 Article15. Severance ................................................................................................................16 Articfe16. Court Duty ................................................................................................................17 Article 17. Discipline and Discharge .........................................................................................17 Article 18. Grievance Procedure .......................................:.°--_...................-°---........................18 Article19. Leaves .....................................................................................................................19 Article20. Uniforms ..................................................................................................................21 Article21. Mileage ....................................................................................................................21 - Article 22. Wages .....................................................................................................................22 Article 23. Duration of Agreement ............................................................................................24 . Appendix A: Wages ................................................................................................................25-26 Memorandum of Understanding: Summer School Selection .........................................................27 Memorandum of Agreement: Post-Employment Health Insurance ................................................28 In d ex ............................................................................................................................................... 30 • 3 10-308 ARTICLE 1. DEFINITION OF AGREEMENT SECTION 1. PARTIES. This Agreement is entered into between the Board of Education, lndependent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board, and Minnesota Teamsters Public and Law Enforcement Employees Union, Local No. 320 (certified in Case No. 81-PR-268-A on December 5, 1980, by the Director of Bureau of Mediation Services as the exclusive representative), hereinafter referred to as Local No, 320, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employmenf. SECTION 2. PURPOSE. The purpose of this Agreement is to promote orderly and constructive relationships between the Board, the employees of this unit, and Local No. 320. ARTICLE 2. RECOGNITION SECTION '1. The Board recognizes Local No. 320 as the certified exciusive representative for the foliowing unit: AI! food service personnel in the titles contained in fhis Agreement who are employed by Independent School District No. 625 and who are public employees as defined by PELRA. � SECTION 2. The Board agrees that as long as Local No. 320 is the exclusive representative in • accordance with the provisions of PELRA, and as ceRified by the Bureau of Mediation Services, Sfafe of Minnesofa, for att personnel defined in Section 1 of this Articie, that it will not meet and negotiate with any other labor or employee organization conceming the terms and conditions of employment for this unit. � 4 10-308 • ARTICLE 3. CHECK OFF, FAIR SHARE SECTION 1. The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a representative of the Union and the aggregate deductions of all employees shall be remitted together with an itemized statement to the represe�tative by the first of the succeeding month after such deductions are made or as soon thereafter as possible. SECTION 2. The Employer agrees to deduct voluntary contributions from the Union membership for the National Teamsters D.R.I.V.E. fund from the pay of those empioyees who individually request in writing that such deductions be made. Such deductions shall be made once each month and remitted to the Union. SECTION 3. Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the earnings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed 85 percent of the Union membership dues amount. This provision shall remain operative only as long as specifically provided by Min�esota law. In the event there is a change in the law permitting the Union to assess an amount in excess of 85 percent of regular membership dues, the full amount permitted by law may be assessed by the Union. SECTION 4. The Union will indemnify, defend, and hold the District harmless against any claims made and against any suits insiituted, and any orders or judgments issued against the . District, their officers or employees, by reason of negligence of the Union in requesting or receiving deductions under 4his Article. ARTICLE 4. MAINTENANCE OF STANDARDS SECTION 1. The Employer agrees that all conditions of employment relating to wages, work, overtime differentials, vacations, and general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250) at the time of signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement. SECTION 2. Civil Service Rules 8.A.3 and Civil Service Rule 14 shall not apply to appiicants and employees from the City of Saint Paul. ARTICLE 5. NON-DISCRIMINATION, AFFIRMATIVE ACTION SECTION 1. Neither the Union nor the Employer shall discriminate against any employee because of Union membership or non-membership, or because of race, color, sex, religion, national origin or political opinion or aSfiliations. SECTION 2. AFFIRMATIVE ACTION. None of interpreted or implemented so as to be in conflic • Affirmative Action Program as adopted by the Board.* the provisions of this Agreement shall be t with or cause violatio� of the DistricYs 'Effective March 22, 1984 10-308 ARTICLE 6. HOLIDAYS SECTlON 1. Regular or provisional empioyees working under the titles covered by this Labor Agreement, shall be eligible for six (6) holidays with pay (Labor Day, Thanksgiving Day, Friday following Thanksgiving, Martin Luther King Day, Presidents' Day, and Memorial Day), and in accordance with the foi(owing rules. Employees who work in tweive (12) month positions will receive holiday pay for Christmas Day, New Year's Day and the Fourth of July. Employees who work summer school will be paid for the Fourth of July. To be eligible for holiday pay, employees must be active on the payroll the day of the holiday. If one oP the above listed holidays falls on a day when school is in session, then the Direcfor of Nutrition and Commerciai Services shall designate another day, when school is not in session, as a paid holiday. All employees will be expected to work on all days when school is in session, except when on approved leave. Holiday pay wiil be paid on the basis of the employee's regularly-scheduled number of hours in the workday. • ARTtCLE 7. COMPENSATORY LEAVES SECTION 1 . ELIGIBILITY Sick leave shall be provided for all regular, non-temporary employees. • SECTION 2. ACCRUAL. Eligibte employees shall accrue sick leave at the rate of .0576 per hour for each full hour paid, excluding overtime. In no case shall leave with pay be granted in anficipation of any future accumufation. SECTION 3. REPORTING. All empioyees shall report sick leave as required in the Nutrition Services Procedure Manual. SECTION 4. Sick leave may be used for any of the following reasons: 1. Sickness or injury of the employee or employee's dependent children; 2. Time necessary for office visits to physicians, dentists or other heaftfi care personneh, or 3. Employees may use up to fifteen (15) days per calendar year of accrued sick leave to provide necessary care for the serious or critical iitness of a spouse, parent, or a member of their household. 4. Employees may use up to three (3) sick days per schooi year for personal leave. Personal leave may be taken for any reason. If personal leave is used for non- emergency reasons, the employee must submit a request to the immediate supervisor ten (70) working days in advance of use. Approval of personal leave is subject to approva( and the ability of the employer to cover work responsibil'dies. Personal leave may be taken during any duty day or non-duty week day beginning after Labor Day each year through the end of the regular work year in June. Personal leave may be taken in hourly increments with the prior approval from their supervisor. 5. If empioyees are working temporary hours and take a sick day, employee will be paid the total amount of hours they would have worked that day. � i i: • ARTICLE 7. COMPENSATORY LEAVES (continued) SEGTION 5 . SICK LEAVE CONVERSION Accumulated sick leave in excess of one hundred twenty-five {125) days or one thousand (1,00�) hours may be converted to vacation at the rate of two (2) days sick leave for one (1) day vacation up to a maximum of five (5) days vacation time. Vacation is to be paid on the basis of regularly scheduled hours per day. SECTION 6. BEREAVEMENT LEAVE. A leave of absence with pay, not to exceed five (5) days, shail be granted because of the death of an employee's spouse, child, step-child, pare�t or step-parent, and regufar members of the immediate hausehold. Up to three (3) days shall be granted because of death of other members of the employee's immediate family. Other members of the immediate family shall mean sister or step-sister, brother or step-brother, grandparent, grandchild, parent-in-law, son-in-law or daughter-in-law. Leave of absence for one (1) day shall be granted because of death of other close relatives. Other close relatives shall mean uncle, aunt, nephew, niece, brother-in-law and sister-in-law. Unused leave for such purposes shall not be accumulated. If an employee is required to travel beyond a two-hundred (200) miie radius of Saint Paul for purposes related to eligible bereavement leave, two (2) additio�al days of sick leave may be used. The employee, if requested, shall provide the Human resource Department verification of the funeral location outside of Saint Paul. SECTION 7. ADOPTION AND FATHER WITH NEWBORN CHILD. Up to thirty (30) days of accrued sick leave may be used in a contract year to attend to adoption procedures or to care for a newly adopted child or a father with a newborn child. Use of these thirty (30) days does not need to occur consecutively. The thirty (30) days of sick leave for fathers of newborns must be � used within six (6) weeks surrounding the birth of the child. For adoption, thirty (30) days of sick leave may be used for adoption procedures or up to six (6) weeks following the adoption. Upo� completion of the adoption process additional sick Ieave may be allowed for the care of a sick child as required by Minnesota Statue 18.9413. ARTICLE 8. HOURS SECTION 1. This Section is intended to only define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. SECTION 2. Overtime is to be paid at the rate of time and one-half (1 1/2) for all hours worked in excess of forty (40) hours per week. Overtime comoensation due the employee shall be paid at the rate herein cited or by granting compensatory time on a time and one-half (1 1/2) basis if mutually agreed to by the District and the employee. • 10-308 ARTICLE 9. VACATIONS SECTION 1. Employees who are contracted to work on a twelve (72) month, fuil-time basis are eiigible for earned vacation. Vacation credits shall accumulate at the rates shown below for each fuii hour on the payroit, excluding overtime: Years of Service 1st yearthrough 5th year 6th year through 15th year 16fh yearthrough 25th year 26th year and thereafter Hours of Vacation .0385 (80 hours) .0576 (120 hours) .0808 (168 hours) .0841 (175 hours) Calculations shall be rounded off to the nearest hour. Estimated hours shown above are based on a 2,080 hour work year. SECTION 2. An employee may carry over one hundred twenty (120) hours of vacation into the following "vacation year." SECTION 3. For the purpose of this Article, the "vacation year" shall be January 1 through December 31. SECTION 4. The scheduling of vacation is subject to approval of the employee's supervisor. SECTION 5. Winter Break Vacation Pav. Ten (10) month empioyees shall earn up to five (5) days on a prorata basis, From the start of school up to the end of the payroli preceding Winter Break, ten (10) month employees witl earn Winter Break pay up to five (5) full days. ff a ten (10) month empioyee is inactive on the payroli for any time during this period, W inter Break pay will be reduced by a prorata amount for the time missed. SECTION 6. Sprina Break Vacation Pav. Effective with the 2008-2009 schoot year, ten (10) month employees shall eam up to five (5) days pay on a prorata basis. From the period immediately following Winter Break to fhe end of the payroll preceding Spring Break, ten (10) month employees wiii eam Spring Break pay up to five (5) fuil days. If a ten (10) month employee is inactive on the payroll for any time during this period, Spring Break pay will be reduced by a prorata amount for the time missed. AR7ICLE 10. BREAKS SECTiON 1. Ali employees are enNtled to a duiy-free tunch break of thirty (30) minutes without pay, at a time assigned by the manager. SECTION 2 . Breaks beside lunch should be as foliows: Hours worked oer dav Break Time Four (4) or more hours, but less than eight (8) hours One 15 minute trreak Eight (8) or more hours Two 15 minute breaks � • • 10-308 . ART{CLE 11. CIViL SERVICE EXAMINATIONS AND PROBAT{ON SECTION 1 . CIVIL SERVICE EXAMINATIONS Notice of Civil Service (Personnel) F�caminations for positions in the food production and service functions shall be posted in the kitchen in each work location no later than five (5) working days before the closing date for examination, subject to the timely receipt of information. SECTION 2. PROBATION. The probationary period shall be twelve (12) consecutive months from the date of appointment for positions in the titles Nutrition Services Assistant and Nutrition Services Helper. The probationary period, whether original or promotional appointment, for all other titfes covered by this Agreement shaff be six (6) consecutive cafendar months from the date of appointment excluding holidays, school breaks, and leaves of absence. Extended absences of any kind lasting one (1) month or more in duration shall not be credited when calculating time towards the completion of either the original or promotionai probationary period. If the employee's service is found unsatisfactory by the Director of Nutrition and Commercial Services during the period of original appointment probation, the probationary employee may be discharged at the discretion of the Director of Nutrition and Commercial Services, prior to the end of the original probationary period. If the employee's service is found unsatisfactory by the Director of Nutrition and Commercial Services during the period of promotional appointment probation, the probatio�ary employee shall be reinstated, at the discretion of the Director of NutriYion and Commercial Services, to their former position or to a position to which they might have been transferred or assigned prior to the promotion, prior to the end of the promotional probationary period. � Discharge or reinstatement to a lower level position during or at the conclusion of the probationary period stated in this Section 2 is not grievable under Article 5, nor is it subject to other appeal. Empioyees who resign and transfer to a position with the City of Saint Paul and do not pass probation do not mai�tain rights to return to their position with the District. ARTICLE 12. SENIORITY, LAYOFF AND RECALL SECTION 1, SENIORITY. Subd. 1. Seniority, for the purpose of this Article, shall be defined as follows: D{STR4CT-W IDE SENIORITY is the length of continuous, regular, and probationary service with the Employer from the date an emplcyee was first certified and appointed to any class titVe covered by this Agreement. in cases where two (2) or more employees are appointed on the same date, the District-wide seniority shall be determined by the employee's rank on the eligible Iist from which the certification was made. BUILDING SENIORITY is the length of continuous, regular and probationary service with the Employer from the date an employee's first day of work at one specific District facility in a certified and appointed position in a class title covered by this Agreement, it being further understood that building seniority is confined to the current class assignment held by an employee. In the event an employee requests voluntary transfer and is then transferred from one bcatiort to another, the employee shalf begin to accrue building senioriry at the • new location based on the date of assignment to the new location. In the event an empfoyee is involuntarily transferred from one location to another (or laid off and 10-308 ARTICLE 12. SENIORITY, LAYOFF AND RECALL (continued) recalled to a different location), the empioyee shall carry forward to the new assignment the senioriiy date held prior to the transier. In cases where two (2} or more emp(oyees are assigned to the same locafion in the same class title on the same date, the employee with the greater District-wide seniority shali be determined to have greater building seniority. Effective January 1, 2008, building senioriry wiii no longer be recognized as part of this agreement. In the event an employee requests to voluntarily transfer to another Iocation, the employee will refain District—wide seniority in the classification for which the employee is currently empioyed. In the event additional hours become available at a given location, employees at that location shail have a right to claim the additional hours based on District- wide seniority as described above. Subd. 2, Seniority sha!! terminate when an employee reYires, resigns or is discharged. SECTfOh! 2. LAYOFF. Subd. 1. In the event it is determined by the Employer that it is necessary to reduce the workforce, employees wiil be laid otf by class title based on irtverse length of District-wide seniority in that class title. Subd. 2. Two (2) weeks of notice shall be given to any empioyee laid off. • SECTION 3. RECALL. Recall from tayoff shall be in order of greatest District-wide seniority, except that recall rights shall expire after eighteen (18) months of layoff: Any empioyee is eligible � for recall to any position in their title at any Iocation, as long as the work hours do not exceed the empioyee's regulariy scheduled hours prior to the layoff. Any employee who refuses an offer of recall at any location shall forfeit all further rights to recall. It is understood that a recalled employee will pick up their former seniority dates in any ciass of positions covered by this Agreement and previousiy held. Employees who resign and are rehired within eighteert (18) months of leaving wiil return to their same step on the salary schedule and resume their former seniority dates in any class of positions covered by this agreement and previously held. SECTION 4: Employees whose hours are reduced by more than five (5) hours per week have a right ro bump the least senior District employee in iheir title in order to not have a reduced work schedule. Empioyees who are on layoff may remain on layoff if offered a position with hours that are greater than five (5) hours per week less than their original assigned hours. � i[�7 10-308 • ARTICLE 13. INSURANCE BENEFITS SECTION 1 ACTIVE EMPLOYEE INSURANCE Subd. 1 . Active Emolovee Health Insurance Health and Welfare benefits shall be provided in the form of premium contributions for eligible employees under the plan offered by the District for Civil Service personnel. Employees selecting a plan offered by a Health Maintenance Organization (HMO) agree to accept any changes in benefiits which the NMO impiements. Subd. 2. Efiqibfe emolovees. Empioyees who become eligible for medical and fife coverage, shali be considered full-time if regularly assigned six (6) or more hours per day, and half-time if regularly assigned at least four (4) but iess than six (6) hours per day. 2.1 For efigibfe half-time employees who elect medicaV and life coverage, the Employer will contribute one half (1/2) of the amount available for full-time employees electing such coverage. 2.2 One (1) fu!{ month of continuous regularly appointed service in the District will be required before an eligible employee can receive the DistricYs contribution of premium cost for insurance provided herein. Subd. 3 . Active Emplovee Medlcal Insurance Emolover Contribution. 3.1 Employer agrees tor each efigibls employee covered by this agreement who is employed fuil-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 full-time employee who seiects family or single+i coverage, the Employer wili contribute the cost ot such coverage or $975 per month, whichevar is less. 3.2 The Employer wilf contribute toward the premiums of specified insurance coverages per the following schedule for eligible empioyees: 3.2.1 Effective January 1, 2010, for each eligible employee covered by this Agreement who is employed full time and who selects employee insura�ce coverage, the Employer agrees to contribute the cost of such coverage or $550 per month, whichever is fess. For each eligible fufl-time employee who selects family or single+l coverage, the Employer will contribute the cost of such coverage or $1,075 per month, whichever is less. 3.2.2 Effective January 1, 2011, for each eligible employee covered by this Agreement who is employed full-time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $575 per month, whichever is less. For each eligible full-time employee who selects family or singfe+i coverage, the Empfoyer will contribute the cost oS such coverage or $1,125 per month, whichever is less. Subd.4. Active Em�lovee Life Insurance. The Employer agrees to provide each eligible employee $25,000 of iife insurance coverage. 4.1 The amount of IiSe insurance specified in Subd. 4 shafl be reduced to $5,000 coverage upon early retirement and shail continue until the early retiree reaches age sixty-five (65), at which time all Empfoyer-paid life insurance shafl be terminated. Subd. 5. Pavroil Deductions. Any premium costs in excess of the amounts stated above shafl � be paid by the empioyee, by means of payroll deduction. 11 10-308 ARTICLE 13. INSURANCE BENEFITS, Section 1(continuec� Subd. 6. Flexible Soendina Account. It is the intent of the Employer to maintain during the term of this Agreement a pian for medicat and child care expense accounts to be availabie to active employees in this bargaining unit who are eligible for Employer paid premium contributions for health insurance for such expenses, within the established legal regulations and Internal Revenue Service (IRS) requirements for such accounts. Subd. 7. Lon -Term Disabil' Insurance. Effective February 1, 2010, the District shail provide iong-term disability insurance for employees covered by this agreement who are eligible for full time benefits as detined in Section 1.3 of this articie. SECTION 2. RETIREMENT HEALTH INSURANCE Subd. 1. 1.1 Benefd Eliqibiliiv for Empiovees who Retire Before Aae SixtwFive (651 foilowing service eligibiuty reqi retirement in order to be eligit by the Pistrict after retirement: Be receiving pension benefits from PERA, St. Paul Teachers Retirement Association or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625; Must be at least fifty-five (55) years of age and have completed iwenty-five (25) years of service, or; The combination of lheir age and their years of senrice must equal eighty-five (85) or more, or; Must have completed at least thirry (30) years of service; or Must have compieted at 4east twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. Years of regular service with the City of Saint Paul will continue to be counted towasd meeting the service requirement of this Subd. 1.1 B, C or D, but not for 1.1 E. A. B. C. D. E. v_ice before Januarv 1 1996, must have completed the rments with lndependent School District No. 625 prior to for any payment of any insurance premium contribution 12 Emplovees hired into District service after Januarv 1, 1996 must have completed twenty (20) years of service w�th the Distr�ct. Ttime wnth ihe Cdy of Saint Paul will not be counted toward ihis twenty (20) year requirement. 1.3 Efigibility requirements for ail retirees: A, A retiree may not carry their spouse as a dependent if such spouse is aiso an Independent School District No. 625 retiree or Independent School District No. 625 employee and etigibie for and is enrolted in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance � C. program. Additional dependents beyond those designated to the District at the time of retirement may not be added at District expense afiter retirement. The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. Subd. 2. Em lo �er Contribution Levels for Emplovees Retirinq Before Aqe Siutv-Five 65 2.1 HeaVth Insurance Employer Contribution 12 • � � � 10-308 • ARTICLE 13. INSURANCE BENEFfTS, Section 2(conflnued) 2.2 Employees who meet the requirements in Subd. 7.1 or Subd. 12 of this Article wifi receive a District contribution toward health insurance until the employee reaches sixty- five (65) years of age as defined in this Suhd. 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 employee's last month of active employment. 2.1.2 In the event the District changes health insurance carriers, it will have no impact on the District contribution for such coverage. 2.1.3 Any employee who is receiving family coverage premium contribution at date of retirement and later changes to single coverage will receive the dollar contribution to single coverage that was provided in the contract under which the retirement became effective. Life Insurance Employer 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 sixty-fifth (65th) birthday. No life insurance will be provided, or premium contributions paid, tor any retiree age sixty-five (65) or over. Subd. 3 Benetit Eliaibilitv for Emplovees After Aae Sixtv-Five (651 3.1 Emplovees hired into the District before Januarv 1. 1996, who retired before age sixty-five • (65) and are receiving benefits per Subd. 2 above are eligible, upon reaching age sixty five (65), for employer premium contributions for health insurance described in Subd. 4 of this Article. 32 Emplovees hired into the District before Januarv 1, 1996, who retire at age 65 or older must have completed the service eligibifity requirements in Subd. 1 to receive District contributions toward post-age-65 health insurance premiums. 3.3 Emplovees hired on or after Januarv 1. 1996, shall not have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixty-five (65) and over in Subd. 4. Empfoyees hired on or after January 1, 1996, shall be eligible for oniy eariv retirement insurance premium contributions as provided in Subd. 2 and Deferred Compensation match in Subd. 5. Subd. 4 Emolover Contribution Levels for Emplovees After Aqe Sixtv-Five (65) 4.1 Emplovees hired into the District before Januarv 1, 1996, who meet the eligibility requirements in Subdivisions 3.1 and 3.2 of this Article are eligible for premium contributions for a Medicare Supplement health coverage policy selected by the District. Premium contributions for such policy will not exceed: Coveraqe Twe Medicare Eligible Non-Nledicare Eligible � Sinqle Famil $300 per month $400 per month $400 per month $500 per month At no time shall any payment in any amount be made directly to the retiree. Any premium cost in excess of the mvcimum contributions specified must be paid directly and in full by the retiree, or coverage wifl be discontinued Subd. 5. Emolovees hired after Januarv 1. 1996, after completion of three (3) full years of consecutive active service in the District, are eligible to participate in an Employer-matched Minnesota Deferred Compensation Plan or employer-approved 403(b) plan. Upon reaching 13 lasos ARTICLE 13. INSURANCE BENEFITS, Section 2(continued) eligibility, the District will match up to $50 per paycheCk to a maximum of $600 per year of consecutive active service, up to a cumulative ("rfetime maximum of $12,500. Part-time employees working haif-time or more will be eligible for up to one half (50 percent) of the available District match. Approved non-compensatory leave shall not be counted in reaching the three (3) 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 fhree (3) year requirement. 5.1 Effective January 1, 201D, empioyees hired after January 1, 1996 are eligible to participate in an Employer matched Minnesota Deferred Compensation Plan or District approved 403(b) plan. The District will match up to $800 per year of consecutive active service. Effective January 1, 2011, 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 half (50 percent) of the available District match. Federal and state rules goveming participation in the Minnesota Deferred Compensation Plan or employer-approved 403(b) plan shall apply. The empioyee, not the District, is solely responsible for deYermining their total ma�cimum allowable annuai contribuYion amount under IRS regulations, The employee must initiate an application to participate through the District's specified procedures. ARTICLE 14. WORKING CONDtTIONS SECTION 1. EMERGENCY CLOSINGS AND CALL IN. Subd. 1. If it becomes necessary or desirable to close a school as a result of an emergency, the effort shall be made to notify employees not to come to work. Employees not notified who report for work shall be granted two (2) hours pay at their regular rate. Subd. 2. An employee who is expected to come to work on a regular workday, or who is called in to work at another time, shall receive a minimum of two (2) hours straight time pay for the work. SECTION 2. WORKSHOPS Empioyees in the Nutrition Services program ordered by the Qirector of Nutrition and Commercial Services fo attend Nutrifion Services workshops shall be reimbursed for the tuition of the workshop and the normat hourly rate for the time spent in the workshop. SECTION 3 WORKING OUT OF CLASSIFICATION Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) working days during any fiscal year of employment shall receive the rate of pay for the out-of-class assignment in a higher ciassification not later than the s"ucteenth (16th) day of such assignment. For purposes of this Article, an out-of-class assignment is defined as the full-time pertormance of alt of the sign'rficant duties and responsibilities of a ciassification by an individual in another classification. For the purposes of this Article, The rate of pay for an out-ot-ciass assignment shall be the same rate the employee would receive if they were promoted to the higher ciass'rfication. • � SECTION 4 ADDITION OF REGULARLY SCHEDULED WORK HOURS Whenever regularly-scheduled hours are added to an existing Nutrition Services Assistant and Nufrition Services Helper positions, the Nutrition Services Assistant or NutrRion Services Helper with the � 14 10-308 � ARTICLE 14. WORKING CONDITIONS, Section 4(continued) greatest District seniority regularly employed in that kitchen or facility wiil be first offered the additional work hours, if that Nutrition Services Assistant or Nutrition Services Helper is listed for such consideration. Subd. 1 . To be listed for additional hours consideration, a Nutrition Services Assistant or Nutrition Services Helper must indicate in writing, to the Director of Nutrition and Commercial Services, the intention to be available for such additional work time. Subd. 2 . If a listed Nutrition Services Assistant os Nutr+tion Services Helper refuses additional regularly-scheduled work time, the Director of Nutrition and Commercial Services or designated immediate supervisor may remove that employee's name from the Iisting. Subd. 3. A reduction in regufarly-scfieduled hours to a position covered by this Agreement shall not be considered a layoff, and is not subject to the provisions of Article 8, Layoff and Recall. SECTION 5 REQUESTS FOR CHANGE OF LOCATION Employees who wish to be considered for reassignment to another location should submit a written request to the Director of Nutrition and Commercial Services. The request should specify the location or area the employee prefers. SECTION 6 FOOD MANAGER'S FOOD SAFETY CERTIFiCATION Subd. 1. Nutrition Services Supervisor 1. 2 and 3. The parties recognize and acknowfedge that the Saint Paul Food Manager's Certification (or a State of Minnesota Certification if regulation • changes) is a requirement for holding a position in the Nutrition Services Supervisor 1, 2, 3 and Nutrition Services Assistant 2 titles covered by this Agreement, and will be a requirement prospectively for new appointees as weit. Nutrition Services Supervisors and Nutrition Services Assistant 2 employees who fail to hold and/or renew certification will be placed on non-paid leave of absence for a period of up to si�y (60) days for the purpose of obtaining proper certification. Failure to be properiy certified within that period will be cause for termination. The District shall reimburse employees in these titles for the following _costs associated with maintaining certification: Course fee and study guide (one time only) Test fee (one time only) Up to ten (10) hours of paid time to take course and test Renewalfees Up to four (4) hours of paid time for renewal of certification � 15 10-308 • ARTICLE 15. SEVERANCE 15.1 The Employer shali provide a severance pay program as set forth in this Article. Payment of severance pay shall be made within the ta�c year of the retirement as described in Business Office Rules. 152 To be eligible for the 403(b} fax-deferred retirement program for sheRering severance pay and vacation pay, an employee must meet the following requirements: 152.1 The employee must be eligibie for pension beneffts from the Public Employee's Retirement Association of Minnesota (PERA) or other pubiic employee retiree program. 15.2.2 The employee must be voluntarily separated from District empioyment or have been subject to separation by layoff or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetence or any other disciplinary reason are not eligible for this severance pay program. 15.3 If an employee notifies the Human Resource Department three (3) months in advance of the daie of retirement and requesfs severance pay and if the employee meets ihe eligibility requirements set forth in 152 above, he or she will receive a District contribution to the District 403(b) Tax-Deferred Retirement Pian for Sheltering Severance Pay and Vacation Pay in an amount equal to $12 for each hour of accrued, unused sick leave, up to 1458.33 hours to a maximum of $17,500. 15.3.1 If an empioyee notrfies the Human Resource Department in less than three (3) i months in advance of the date of retirement and requests severance pay and 'rf the employee meets the eligibility requirement set forth above, he or she will receive a Disfrict contribution to the District 403(b} Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $10 pay for each hour of accrued, unused sick leave up to 1650 hours to a ma�cimum of $16,500. 15.32 If exigent circumstances exist, such as a sudden ilinessfinjury of the employee or immediate family member necessitating immediate retirement, and 'rf the employee meets the eiigibility requirements set forth above, he or she will receive a District contribution to the School District No. 625 403(b) Tax-Deferred Retirement P(an tor Shettering Severance Pay and Vacation Pay in an amount' equal to $12 pay for each hour of accrued, unused sick leave up to 1458.33 hours to a maximum of $17,500. 15.4 The maximum amount of money that any employee may obtain through this 403(b) Tax- Deferred Retirement Plan tor Sheltering Severance Pay and Vacation Pay is $17,500. i5.5 For the purpose of this 403(bj Ta�c-Deferred Retirement Plan for Shelterirtg Severance Pay and Vacation Pay, a death of an employee shall be considered as separation of emp(oyment and, if the empfoyee would have mef a(I of the requirements set forth above at the time of his or her death, contributions to the 403(b) Tax-Deferred Retirement Pian for Sheltering Severance Pay and Vacation Pay shall be made to the employee's estate. 15.6 For the purpose of this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such • transferee shalt not be etigible for this plan. 16 10-308 • • u ARTICLE 16. COURT DUTY SECTtON 1. Any employee who is required to appear in court as a juror or as a subpoenaed wftness shall be paid their regular pay while so engaged, unless the court duty is the result of litigation undertaken by the employee or the Union agai�st the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other ihan the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as they are required to appear i� court as a juror or witness. ARTICLE 17. D1SCfPLINE AND DISCHARGE SECTION 1. just cause. SECTION 2. ��) (2) (3) (4} (5) The Empfoyer shalf have the right to impose disciplinary actions on employees for Disciplinary actions by the Employer shall include only the following actions: Oral reprimand; Written reprimand; Suspension; Demotion; Discharge. SECTION 3. Employees who are suspended, demoted or discharged shall have the right to request that such actions be reviewed through the provisions of Article 5, Grievance Procedure oS this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute. SECTION 4. PRELIMINARY REVIEW. Prior to issuing a discipiinary action of unpaid suspension, demotion, or discharge, the supervisor will make a recommendation to their supervisor regarding proposed discipline. The supervisor will then schedule a meeting with the employee prior to making a final determination of the proposed discipline. The empfoyee shall have the opportunity to have union representation present and be provided the opportunity to speak on their behalf regarding the proposed action. If the employee is unable to meet with the supervisor, the employee and/or union will be given the opportunity to respond in writing. 17 10-308 ARTICLE 18. GRIEVANCE PROCEDURE SECTfON 1. This grievance procedure is established to resoNe any spec'rfic dispute between the empioyee and the District concerning, and limited to, the interpretation or application of the provisions of this Agreement. SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance prxedure, the employee may choose to present their grievance without being represented by a Union representative, provided, fiowever, tfiat the Union represenfafive sha(I be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the Agreement, SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during normal working hours when consistent with such empfoyees' duties and responsibififies. The aggrieved empioyee and a Union representative shall be aliowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and fhe Union representative have notified and received the approval of designated supervisor and provided that such absence is reasonable and would not be detrimental to the work programs of the Emptoyer. I: is understood that the Employer shall not use the above limitation to hamper the processing of grievances. • SECTION 4. A grievance shall be resoived in the following manner: Subd. 1. (Step 1) Any employee claiming a specific disagreement conceming the interpretation � or application of the provisions of this Agreement shall, within twenty (20) working days of its first occurrence or within ten (10) working days of the time the employee reasonably should have had knowledge of the occurrence, whichever is later, discuss the complaint orally with the representative designated by the Director of Nutrition and Commercial Services. The representative of Director of Nutrition and Commercial Services shall attempt to adjust the complaint at that time. Subd. 2. (Step 2) A grievance not resolved in Step 1 and appealed to Step 2 shall be piaced in writing setting forth the nature of fhe grievance, the facts on which it is based, ihe provision or provisions of the Agreement aliegedly violated, the remedy requested, and shall be appealed to Step 2 by the employee within fifteen (15) working days after the Employer-designated representative's final answer in Step 1. My grievance not appealed in writing to Step 2 by the employee within fifteen (15) working days shall be considered waived. If appealed, the written grievance shall be presented by the employee and the Union and discussed with the Director of Nutrifion and Commercial Services (or representative designated by the Superintendent). The Director of Nutrftion and Commercial Services shaii give the Union the Employer's Step 2 answer in writing within ten (10) working days following the presentation. Any grievance not appealed in writing to Step 3 by the employee and the Union within ten (10) working days after receipt of the Employer's reply shall be considered waived. Subd. 3. (Step 3) If appealed, the written grievance shall be presented by the Union and discussed at an informal meeting within ten (10} working days of receipf of fhe written grievance, with the Superintendent of Schools or their representative. The Empioyer-designated representative shall give the Union the Employer's answer in writing within ten (10) working days after the review meeting. A grievance not resolved in Step 3 may be appealed in writing to Step 4 by the Union within ten (10) working days foliowing the Employer-designated representative's final • answer in Step 3. Any grievance not appealed in writing to Step 4 by the Union within ten ('10) working days shall be considered waived. 18 10-308 • ARTICLE 18. GRIEVANCE PROCEDURE (continued) Subd. 4. (Step 4) A grievance unresolved in Step 3 and appealed to Step 4 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. If a mutually-acceptable arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in accordance with the procedures of the Minnesota Bureau of Mediation Services, if the Union so requests within the specified ten (10) days. SECTION 5. The arbitrator shall have no right to amend, modify, nulfify or ignore the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make decisions on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the appiication of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days following the close of the hearing or the submission of briefs by the parties, whichever be later, unfess the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each parry shall be responsible for compensating its own witnesses. If either party desires a verbatim record of the proceedings, it may cause such a • record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shall be shared equally. If a grievance is not presented within the time limits set torth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any extension thereof, it shall be considered settled on the basis of the Employer's last answer. if the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written agreement of the Employer and the Union in each step. It is agreed by the Union and the Employer that, if a specific grievance is determined by this grievance process, it shall not again be submitted for consideration under any other procedure. It is further understood that if a specific matter is determined by some other procedure, it shalf not again be submitted for review and arbitration under the procedures set forth in this Article. AR7ICLE 19. LEAVES SECTION 1. APPLYING FOR LEAVES. Applications for leaves must be submitted in writing to the Director of Nutrition and Commercial Services at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shall include the proposed period of the leave and purpose for the leave. The Director of Nutrition and Commercial Services wiil reply to Ieave requests within fifteen (15) working days after they are received in the Nutrition Services Office. • SECTION 2. SHORT-TERM LEAVES W ITHOUT PAY. Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operationai needs of the Employer and the ability to secure substitute help to satisfactorily maintain the particular assignment of the employee involved. 19 10-308 ARTICLE 19. LEAVES (continued) SECTION 3. LONG-TERM LEAVES WITHOUT PAY. Leaves of absence may be requested and are subject to approval of the Director of Nutrition and Commercial Services. A list of typical leaves is provided below. This list does not cover all possible reasons. . Physical or mental incapacity of the empioyee to pertorm their work efficiently, where the granting of a leave will permit the employee to receive treatment enabling them to return to District service; . Election or appointment of a full-time, paid position in an organization or union whose members consist largely or exclusively of employees of the District. . Education or training relating to the employee's reguiar duties or to prepare the employee for advancement; • Election of the employee to a District or City of St. Paul position; • Appointment of the employee to an unclassified District or City of St. Paul position; • Disability or injury received in the performance of duty not due to the negiigence of the empioyee for the period of the employee is receiving compensation payments from the District for temporary partial disability or temporary total disability; • • Parental leave upon the request of the employee. Subd. 1. For a leave of six (6) months or longer, the employee must provide written notification to the Director of Nutrition and Commercial Services, indicating their specific intent to conclude the leave and be availabie to return to active service as of the termination date specified in the • Services h no at rnthanf�two��(2) months °bhe a Y sch duled date �he leave termination. Subd. 2. Employees returning from leave will be placed in the next available vacancy in their job title. Subd. 3. Employees who return to service under the provisions of this Section wili retain their former seniority. SECTION 4. MILITA_ R� P��uant to and within the limits of the requirements of Minnesota Statute § 19226, employees shali be granted military leave for up to fifteen (15) days in any calendar year for required military service. ' SECTION 5. FAMILY MEDICAL LEAVES. Effective February 1, 1994, leaves of absence shall be granted as required under the federa! law known as the Family and Medical Leave Act (FMIJ�) _ as long as it remains in force. The Human Resource Department provides procedures. SECTION 6. QUARANTINElCATASTROPHIC DISASTER LEAVE. Nutrition Services employees will be provided up to a maximum of ten (10) days paid leave of absence for quaza�tine by a health officer due to a contagious disease. The same will be provided for a catastrophic disaster that occurs in the employee's school and/or community which causes the closure of the District or the empioyee's school. 20 • 10-308 • ARTICLE 20. UNIFORMS SECTION 1. Subd. i. The Emp{oyer wi{I provide five (5) uniform pieces to each employee per schoof year. Selection and composition of uniforms is the Employer's option. 1.1 Employees who work in the Nutrition Center will be provided seven (7) uniform pieces per school year. Subd.2. The Employer will provide five (5) uniform pieces at start-up for new employees. Upon completion of the probatio�ary period, the employee will be provided with two (2) additional uniform pieces. Subd. 3. Upon promotion to a supervisory title, the Employer will provide an additional two (2) uniform pieces. Subd. 4. A uniform piece for the purpose of this Article shall be defined as any one of the following items as designated by the Director of Nutrition and Commercial Services for that location: 1) shirt/tops; 2) slacks/pants; 3) aprons. Employees will have the flexibiliry to select any combination of uniform pieces each school year, so long as ;he uniform pieces selected are part of the approved uniform for that location. • SECTION 2. An employee who has received uniforms and then terminates employment for any reason after tess than sbc (6) full months of active employment is obfigated to return the uniforms to Nutrition Services. ARTICLE 21. MILEAGE 21.1 Mileaqe Ailowance. Employees ot the District, under policy adopted by the Board, may be reimbursed for the use of their automobiles tor school business. The mileage allowance for eligible employees shall be established by the Board. The mileage reimbursement rate shall be indexed periodically to reflect the rate established by the IRS. 212 Reimbursement Procedures. An employee must keep a record of each trip made. Reimbursement shail be for the actual mileage driven in the pertormance of assigned duties as verified by the appropriate school district administrator and in accordance with District Business Office policies and procedures. • 21 10-308 ARTICLE 22. WAGES SECTION 1. The pay rates shall be those described in Appendix A. SECTION 2. Subd. 1 Initial Placement on the Salarv Schedule When art empioyee is originaliy hired or moves from another unit into a title covered by this agreement or moves from one title covered by this agreement to a different title under this agreement, initial step placement wili be conducted as described by Civii Service Rules, uniess the labor agreement contains a provision describing an altemative action. The labor agreement supersedes these provisions of Civil Service Rules. A newly hired person regularly appointed in the Nutrition Services Assistant or Nutrition Services Helper classifications will normally start at the base rate. A newly hired person regularly appointed in other titles covered by this agreement will typically start at the Base Rate for that title. A person appointed on a temporary basis normally wili be paid at the temporary rate. The oniy exception is for retirees retuming to wark as temporary empfoyees as described in Appendix A, Wage Schedule Conditions. L � Subd. 2 Ste� Placement on the Salarv Schedule for a Promotion Tfie Human Resource Deparfinent wi(( determine the step pfacement for a promotion from one title in the District to a title covered by this Agreement. The step placement will be determined by muttipiying the hourly rate of pay the person was receiving prior to the promotion by 1.05 (a 5% increase). The person will be placed in the new title following promotion at the first salary step • that is equa( to or greafer fhan the rate calculated when muttipfying the previous rate by 1.05. For example, if the person was making $10/hr before the promotion, the Human Resource Department would multipiy $10/hr x 1.05 =$10.50/hr. Then the person would be placed on the step in the new title that was closest to but not less than $10.50/hr. Subd. 3 Salarv Steo Proqression Progression through the steps of a salary range in this contract will be based on the following conditions: Employees must have received an overall rating of "satisfactory° on their most recent pertormance evaluation to receive any salary step advancement. Effective January 1, 2002, movement to pay columns beyond the base rate will normally occur on the first pay period following the anniversary date of the employee's appointment to a regular position in the District, providing that the employee has completed the number of years in the District required for that step. Employees who were paid on the payroil a minimum of four-hundred (400) hours in the previous twelve (12) months shall receive a step increment on the start of the pay period ciosest to July 1 each year. SECTION 3. During the term of this Agreement the Board may at its discretion unilaferally increase the pay rates provided in Appendix A, to come into compliance with the requirements of the Minnesota Pay Equity Act. SECTfON 4. RETROACTfVITY. Emp(oyees who have terminated emptoyment wdh the District prior to Board ratification of the agreement, except for empioyees who retired and met the contractual eligibility for retiree health insurance, shall not be eligible for any retroactive salary or • benefits increases that resulted from the negotiated settlement. 22 10-308 • ARTICLE 22. WAGES (continued) SECTION 5. CORRECTION OF COMPENSATION ERRORS. Employees should routinely review their biweekly pay check and immediately document any errors or inquiries by contacting the DistricYs payroll department. Failure to notify the payroll department in a timely manner, or failure to routinely review the accuracy of his(her biweekry compensation may result i� lost compensation to the employee. District Authoritv. When underpayment errors are identified, the District wi11 review the nature of the error and shall reimburse the employee in full up to a maximum retroactive period of two years. In the case of an overpayment, the District has the authority to deduct from the employee's check up to the full amount owed for a maximum retroactive period of two (2) years. Procedure for Addressinq Siqnificant Overpavment Errors. In the case of a significant overpayment, deductions from biweekly 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 (2) 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 routinely reviewing the accuracy of his/her biweekly compensation. u . 23 10-308 ARTICLE 23. DURATION OF AGREEMENT This Agreement shall be in full force and effect from July 1, 2009, through June 30, 2011, except as othenvise specified herein, and shall automatical{y be continued from year to year thereafter, unless a new Agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new Agreem�e}�t shall be indicated by either party providing written notice thereof aY {east ninety (9�) daYs p the termination date set forth herein. NUTRITION SERVICES PERSONNEL AGREEMENT • eamsters and Law Enbar ement Emp(oyees Union Loca�I 20, on behaf oMNutrition Services Personnel. In full settiement of 2009-2011 negotiations between the herein parties, the parties have adopted this Agreement, which is attached hereto and made a part hereof. It is understood that this settlement shail be subjeet to approval and adoption by the Board of Education of Independent School District No. 625, as weli as rafrfication by the Union. {NDEPENDEfVT SGHOOL DISTRICT NO. 625 MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMEN7 EMPLOYEES UN{ON LOCAL N . �2� Business Agent i-1�-I� Date �> Date 24 � 10-308 • u � APPENDIX A: WAGES Effective Julv 04. 2009 NS Supervisor t NS Supervisor 2 NS Supervisor 3 NS Assistant NS Helper NS Assistant 2 NS Temporary Effective Julv 3. 2010 NS Supervisor 1 NS Supervisor 2 NS Supervisor 3 NS Assistant NS Helper NS Assisiant 2 NS Temporary Ste° 1 Stev 2 Steo 3 Steo 4 Steo 5 Steo 6 Steo 7 Step 8 Steo g $13.31 $14.46 �16.40 $10.40 $9.07 $10.77 $9.07 $13.69 $14.90 $16.90 $11.17 $9.91 $11.81 $14.07 �t 5.35 $17.39 $12.10 $10.75 $12.80 $14.71 �16.11 $18.17 $12.51 $11.11 $� 3.37 �t5.35 $16.85 �19.08 �12.92 $11.48 $13.96 �t 5.73 $17.40 $19.60 $13.34 $11.89 $14.5� �16.31 �1727 $1823 y18.10 $1922 $2028 �20.45 $21.61 $22.82 $13.75 $14.46 $15.27 �15.09 $15.99 $16.88 Ste° t Steo 2 Step 3 Step 4 Steo 5 SY 6 St2p 7 Ste° 8 Steo 9 $13.31 $14.46 $16.40 $10.40 $9.07 $10.77 $9.07 $13.69 $14.90 $16.90 $11.17 $9.91 $11.81 $14.07 $15.35 $17.39 $12.10 y10.75 $12.80 $14.71 $16.11 $18.17 $12.51 $11.19 $7 3.37 $15.35 $16.88 $19.08 $12.92 $11.48 $13.96 $15J3 $17.40 $19.60 $13.34 $11.89 $14.51 $16.31 $1727 $18.52 $18.10 $1922 $20.60 $20.45 �21.61 $23.1 S $13.75 $14.46 $15.51 $15.09 $15.99 $17.15 Lead Premium A Nutrition Services Assistant who is assigned by the Director of Nutrition and Commercial Services as Lead for a particular fu�ction will be paid a premium of seventy-five cents ($.75) per hour over their regular hourly rate while pertorming the Lead duties. Lead assignment will be made or discontinued at the discretion of the Director of Nutrition and Commercial Services. Floater Premium Nutrition Services Assistants who are assigned to float between schools will be paid a premium of fifty ($.50) per hour over their regular hourly rate while performing floater duties. Suoervisor Fill-in Pav Nutrition Services Assistants who are designated to fill in for a supervisor when the supervisor is not at the site for the entire day shail be paid a premium of seventy-five ($.75) per hour over their regular hourly rate ofi pay. This premium shall not be paid when a iVUtrition Services Assistant is receiving out-of-class pay. 25 10-308 APPENDIX A: WAGES (continued) Waqe Schedule CondiYions - Nutrition Services Assistant Persons working on an occasional basis in the Nutrition Services Assistant classification as temporary, provisional, or substitute employees shali be paid at $8.90 hourly. EfFective Aoril 1. 1996, the only exception is for former empioyees of the Saint Paul Public School Nutrition Services Department who retired with at least five (5) years of District Nutrition Services experience, and who return on an occasional basis in the Nutrition Services Assistant classification as temporary or substitute empioyees shall be paid at the six (6) year rate of the Nutrition Services Assistanf wage schedu(e. Persons newly employed in tf�e Nutrifion Services Assistant or Nutrition Senrices Helper classifications on a regulariy-scheduled basis, shall be paid at the Base Rate until such time as the employee shall have passed the Civil Service examination for the classification, been certified and appointed to a regularly-scheduled position. Movement to pay columns beyond the base rate shall be based on completion of the specified number of years of continuous regular employment from the date of emplovment with the District. 7 Minnesota Professional Development Plan For Schooi Food Service • And Nutrition - Level 2 Certification Premium When a regularly (civii service) certified and appointed employee has completed the credit hours required for Level 2 of the American School Food Service Certification Program for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional forty cents ($.40) per hour premium over and above their normal biweekly rate of pay for all hours on the payroil as long as the empioyee maintains a current Level 2 certification. Payment of the forty cents ($.40) per hour premium shail become effective within thirty (30) days atter the employee has presented to the Director of Nutrition and Commercial Services of the Saint Paul Pubfic Schools evidence in writing of their completed Level 2 certification. Employees must maintain current Level 2 certification and show evidence of the renewed certification to be eligible for continuation of the premium. � 26 10-308 � 2009-2011 MEMORANDUM OF UNDERSTANDING REGARDING SUMMER SCHOOL SELECTION FOR MiNNESOTATEAMSTERS LOCAL NO. 320 REPRESENTING NUTRITION SERVICES PERSONNEL This Memorandum of Understanding is by and between the Board of Education of fndependent School District No. 625, Saint Paul Pubiic Schools, and Minnesota Teamsters Local No. 320, exclusive representative for nutrition services employees in the Saint Paul Pubiic Schools. The purpose of this Memorandum is to establish a ciear understanding between the parties regarding the selection of employees for the School DistricYs summer school program. Statement of Intent and Purpose lt is the i�tention of the Employer, during the term of this Memorandum of Understanding to use the foilowing criteria for selection of employees for the summer school nutrition services program: 1) Employment date of seniority; 2) Completion of the probationary period; 3) A satisfactory last performance appraisal. It is further understood that employees who work in the Nutrition Center during the regular school year may apply for summer work only in the Nutrition Center; empioyees who work in the schools may apply for summer work only in the schools. Employees whose assignment during the regular school year is split between the Nutrition Center and the schoois may apply for summer work in efther the Nutrition Center or the Schools. Twelve (12) month employees in other nutrition services groups will continue to be eligibie for summer work as monitors under the provisio�s outlined above. AII employees must adhere to sign-up times and dates as established by the Director of Nutrition and Commercial Services. Employees who accept a lower classification during summer school will be paid on the salary scheduie at the step that represents the least reduction in their pay rate. This Memorandum of Understanding shall be effective durinq the duration of the 2009-2011 Labor Aareement. MINNESOTA TEAM57ERS PUBLfC AND LAW ENFORCEMENT EMPLOYEES UNION LOCAL NO. 320 � Business Agent Date � Date 27 INDEPENDENT SCHOOL DISTRICT NO. 625 10-308 MEMORANDUM OFAGREEMENT Post Employment Health Insurance This Memorandum of Agreement is by and between the Board of Education, Independent School District No, 625 (hereinafter "District"); and the Minnesota Teamsters, Local 320 (hereinafter "Union"), exclusive representative for nutrition services personnel, It is entered into for the exclusive purpose of setting forth a sunset to post-employment reNrement benefits for future employees. Pertinent Facts • Saint Pauf Public Schoo(s wifl qualify to fevy for 2010-2011 funds to assist with the Disfict's obligation to pay for post-employment retirement benefits if future employees are ineligible for all District contributions for health insurance premiums upon retirement. • The 2007-2009 labor agreement between the parties contains a sunset on District contributions for health insurance after a retiree reaches medicare efigibility. The agreement does not contain a sunset for District contributions toward health insurance prior to Medicare eligibility. • in order to qualify for the levy, the parties must agree to a sunset provision that provides no health insurance (pre- and post-medicare eligible) for ali future employees. This agreement must be formalized and submitted to the Minnesota Department ot Education. Tertns and Conditions of Emplovment specific to: • • The labor agreement between the Districi and the Union estabiishes all of the terms and conditions for retirement benefits, and its terms are not voided or iiiminished for any current • employee by any supplementary provision herein stated. • The amendment herein stated pertains only to future new empioyees. The parties agree to add the foilowing language to Article 13, Section 2, Subd. 1.1 Retirement Health Insurance, of the 2009-2011 agreement: F. Employees hired on or after January 1, 2014 will not be e�igible for any District contribution toward health insurance upon retirement. • The District wiil request an Attomey General's opinion on the necessity of the January 1, 2014 sunset provision set forth herein. In the event the Attorney General's opinion determines such sunset provision is not necessary in order to qualify the District to fevy under M.S. 126C.41, Subd. 2(b), this agreement is null and void. Duration • The parties agree to add the foilowing language to Article 13, Section 2, Retirement Health Insurance, add Subd. 52 to the 2009-2011 agreement: Employees hired on or after January 1, 2014, shall be eligible for $200 per year employer match in addition to the match amount provided in this section for empioyees hired after January 1, 1996. • The District will request an Attomey General's opinion on the necessity of the January 1, � 2014 sunset provision set forth herein. In the event the Attomey General's opinion determines such sunset provision is not necessary in order to qualify the District to ievy under M.S. 126C.41, Subd, 2(b), this agreement is null and void. 28 10-308 • s � Memorandum of Agreement Post-Employment Heaith Insurance December. 2009 This Memnrandum of Agreement shal! remain in effect unti! a successor agreement is ratified by both parties. INDEPENDENT SCHOOL DISTRICT NO. 625 ,�� Elorra Street-Stewart Chair, Board of Education /'r�;�- Teresa C. Rogers Executive pirector, man Resources and Employe Relations � Susan Gutbrod Negotiations/Em oyee Relations Manager MINNESOTA TEAMSTERS LOCAL 320 C � � Sami Gabriel Business Agent i-i�-�� Date �7 �Q►1�7_y3 A Additional Work Hours ...............................14 Adoption Leave ............................................7 B Bereavement Leave .................................... 7 Breaks ......................................................... 8 C Court Duty .................................................17 D Discharge..................................................17 Discip(ine ...................................................17 E Emergency Closings and Call In ...............14 F FairShare ....................................................5 Family Medicai Leaves ..............................20 Flexible Spending Account ........................12 Floater Premium ........................................25 Food Manager's Food Safety Certification 15 G Grievance Procedure ............................18-19 H Holidays ....................................................... 6 Hours .....................................................••.... 7 / Insurance ..............................................11-14 L Layoff .........................................................10 Lead Premium ...........................................25 Leaves.......................................................19 Long-Term Leaves ....................................20 Lunch Break ................................................8 10-308 M Mileage ......................................................21 Military Leave .............................................20 O Overtime ......................................................7 P Personai Leave ............................................6 Probation..................................................... 9 R Recall.........................................................10 Requests �or Change of Location .............15 Retirement Health lnsurance .....................12 Retirement After Age 65 ........................13 Retirement Before Age 65 ................12-13 S Salary Schedule Placement .......................22 Salary Step Progression ............................22 Sen iority ..................................................9-10 Severance .............................................15-16 Short-Term Leaves ....................................19 Sick Leave ................................................6-7 Spring Break Pay .........................................8 Supervisor Fill-in Pay .................................25 U Unifomis ....................................................21 Union Membership .......................................5 V Vacation....................................................... 8 W W ages ...........................................22. 25-26 Winter Break Pay .........................................8 Working Conditions ...................................14 Working Out Of Classification ...................14 Workshops ................................................14 � � i r � L � 30 10-308 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: Octaber 20, 2009 TOPfC: Approval of an Empioyment Agreement with Twin City Glaziers, Architectura! Nietais anc4 G(ass Workers, Local No, 1324, to �stabfish Terms and Conditions of Employment for 2009-20� 2 A. PERT{NENT FACTS: 1. iJew Agreement is for a ihree-year period, June i, 2009, through May 31, 2012. 2. Tha language provisians of the previous coniract remain unchanged, except for necessary changes to Appendix G(Salary) and Appendix D(Benetits). 3. Tha District has 3 ragufar FTE fn this bargalning unit. 4. Wage and benefit changas reflect prevalling wage for the industry. 5. This item will rneet the District target area goai of attgning resource allocation to District priorities. 6. This request is submiited by Susan Gutbrod, Negotialions/Employee Relstions Managar; Joyce Victor, NegotiaiionslEmptoyee Retations Assistant Manager; Teresa C. Rogers, Executive Director of Human Resources/Emptoyee Relafions; Michael Baumann, Interim Chief Financlai Otficar; Kevin Umidon, General Manager Facility PlannEng; and Hitssh Haria, Chief Operations Otficer. B. RECOMMENDATION: That fhe Board ot Education of Independent School District No. 625 approve and adopt the Employment Agresment concerning ihe terms and conditions of employment oi those employees in this schooS district for whom Twin City GlazEers, Architecturai Metals and Glass Workers, Local No, 1324, is 1he exclusive representaGve; duratton of said agresment �s tor ttle period of dune 1, 2009 through May31, 20t2, 1Q-308 TABLE OF CONTENTS � � • ARTICLE Article Article ARicle Articie Article Article Article Article Article Article Article Articie Article Article Article Article Article Article Articte Article Article Article Article Article Article Article Article Article Article 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. TITLE PAGE Preamble................................................................................................................ 4 Purpose.................................................................................................................. 5 Recognition ............................................................................................................. 5 Employer .....................................................................................................5 Union Rights ...........................................................................................................6 Scope of the Agreement .........................................................................................6 Probationary ..............................................................................................7 Philosophy of Employment and Compensation ......................................................7 Hoursof Work ........................................................................................................8 Overti e ................................................................................................................. 9 Call Back ................................................................................................................ 9 WorkLacation ........................................................................................................9 Wages ..................................................................................................................10 Fringe Benefits .....................................................................................................11 Selection of Lead Glazier and General Lead Glazier ...........................................11 Holidays ................................................................................................................12 Disciplinary Procedures ........................................................................................13 Absences From Work ..........................................................................................13 Sen iority ................................................................................................................14 Jurisdiction...........................................................................................................15 Separation ............................................................................................................15 TooIs .....................................................................................................................15 Grievance Procedure ...........................................................................................16 Right Subcontract .............................................................................................18 NornDiscrimination...............................................................................................18 Severab ...........................................................................................................18 Waiver ..................................................................................................................19 Mileage .................................................................................................................19 Court Duty ............................................................................................................19 Durationand Pledge .............................................................................................20 Appe�dix A .........................................................................................................21 Appendix .........................................................................................................21 Appendix ....................................................................................................22-23 Appendix .........................................................................................................24 � iasos PREAMBLE This Agreement is entered into between independent School District No. 625, hereinafter � referred to as the Employer, and Twin City Glaziers and Glass Workers Local 1324, hereinafter referred to as the Union. The Employer and the Union concur fhaf this Agreement has as its objective the promofion of the responsibilities of the tndependent School District No. 625 for the benetit of the general public through effective labor-management cooperation. The Employer and the Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at ali leveis of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the ge�erai pubiic. � � 10-308 � 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 level of employee performance that is consiste�t with the safety and well-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of empioyment as fiave been agreed upon by the Employer and the Union; 1.1.3 Estabiish procedures to orderly and peacefufly resobe disputes as to the application or interpretation of this Agreement without loss of productivity. 1.2 The Employer and the Union agree that this Agreement serves as a supplement to legislation that creates and directs the Employer. If any part of this Agreemeni is in conffict with such legislation, the fatter shali prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severability). ARTICLE 2. RECOGNITION 2.1 The Employer recognizes the Union as the exclusive representative for collective • bargaining purposes for all perso�nel having a� empfoyment status of regular, probationary, and temporary employed in the classes of positions defined in 22 as certified by the Bureau of Mediation Services in accordance with Case No. 90-PCL-3169 dated February 26, 1990. 22 The classes of positions recognized as being exclusively represented by the Union are as fisted in Appendix A. ARTICLE 3. EMPLOYER RIGHTS 3.1 The Employer retains the right to operate and manage ali manpower, facilities, and equipment; to estabfish functions and programs; to set and amend budgets; to determine the utilization ot technology; to establish and modify the organizational structure; to seVeet, direct, and determi�e the number of personnel; and to pertorm any inherent managerial function not specificalfy limited by this Agreement. 32 Any `4erm 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. C� iasos ARTICLE 4. UNION RIGHTS 4.1 Dues. The Employer wili, during the term of this contract, deduct from the Employee's paycheck the monthly Union dues of 3.5% of the taxable hourly rate for each hour worked. The Employer will, for those Employees who are required to maintain membership in the Union in good standing, by the 20th of the month after work is performed, remit same to the treasurer of the Union provided that in all cases where such deductions are made, the Empioyer shall, prior to making such deductions, receive a properly and legally executed assignment form the Empioyee in accordance with the law authoring such deductions. 4.1.1 The aforementioned Union dues amounts may be changed, provided the Employee and the Employer are given sixty (60) days' noNce of any increase or decrease in the amount of Union dues. 4.1.2 !t is especially agreed and undersYOOd that the Union assumes full responsibility for the validity and legality of such Employee's deductions as are made by the Employer and hereby agrees to indemnify and save the Employer harmless by virtue of such collections and payments to the Union 4.2 The Union may designate one (1) employee from the bargaining unft to act as a Steward and shall inform the Employer in writing of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). � 4.3 Upon notification to a designated Employer supervisor, the Business Manager of the Union or the 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 employmenY' defined by Minnesota Statute, § 179A.03, Subdivision 19, for all employees exclusively represented by tf�e Union. This Agreement shalf supersede such "terms and conditions of empfoyment esfablished by Civil Service Ru(e, Council Ordinance, and Councif Resolution. • � 10-308 • ARTICLE 6. PROBATIONARY PERIODS 6.1 All personnel, originally hired or rehired foilowing separation, in a regular empioyment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to pertorm ihe class of positions' duties and responsibilities shali 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). 6.12 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which shall be sent to the Union. 6.2 All personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform ihe class of positions' duiies and responsibilities shail be evaluated. 6.2.1 At any time during the promotional probationary period an empfoyee may be demoted to the employee's previously-hefd class 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 shali be returned to the employee's previously-held class of positions and shall receive a written notice of the reasons for demotion, a copy of which shall be sent to the � Union. ARTICLE 7. PH{LOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Empioyer and the Union are in full agreement that the philosophy of employment and compensation shafl be a"cash" hourly wage and "industry" fringe benefit system. 72 The Employer shall compensate employees for all hours worked at the basic hourly wage rate and hourly fringe 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 specificaliy provided for in this Agreement; except those employees who have individuafly optioned to be "gra�dfathered" as provided by Article 122. • 10-305 ARTICLE 8. HOURS OF WORK 8.1 The normal workday shall be eight (8) consecutive hours per day, exciuding a thirty (30) minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. 82 The normal work week shall be five (5) consecutive normal workdays Monday through Friday. 8.3 if, during the term of this Agreement, it is necessary in the Employer's judgment to establish second and third shifts or a work week of other than Monday through Friday, the Union agrees to e�ter 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 AII empioyees shall be at the location designated by their supervisor, ready for work, at the estabiished starting time and shali remain at an assigned work location until the end of the established workday unless otherwise directed by their supervisor. 8.6 Alf empfoyees are subject to call back by the Employer as provided by Articie 10 (Call Back). � 8.7 Emp(oyees reporting for work at the established stafting time and for whom no work is available shall 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. . C E3 10-308 • ARTICLE 9. OVERTIME 9.1 Time on the payroll in excess of the normal hours set forth above shall be "overtime work" and shali be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shall be paid shall be determined solefy by the Employer. 9.2 The rate ot one and one-haff (1-iJ2) the basic hourly rate shall be the overtime rate for work performed under the following circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one norma( workday, and 92.2 Time worked in excess of forty (40) hours in a normal work week. 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. ARTICLE 10. CALL BACK 10.1 The Employer retains the right to cali back empioyees before an employee has started a normai workday or normal work week and after an employee has completed a normaf workday or normal work week. � 10.2 Emplayees called back shall receive a minimum of four (4) hours ot pay at the basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicable, and subject to the minimum established by 102 above. 10.4 Employees called back four (4) hours or less prior to their normal workday complete the normal workday and be compensated only for the overtime hours worked in accordance with Article 9 (Overtime). ARTiCLE 11. WORK LOCATION 11.1 Empioyees 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, 112 Employees assigned to work locatfons duri�g the normal workday ather than their origi�al assignment, and who are required to fumish their own transportation, shafl be compensated for mileage as set forth in Article 27 (Mileage). i 10-308 ARTICLE 12. WAGES 12.1 The basic houriy wage rates as established by Appendix C shall be paid for all hours worked by an employee. 122 Employees who are covered by the fringe benefits listed below shall continue to be covered by such benefits. They shall be subject to all other provisions of the Agreement, but shall not have hourly fringe benefit contributions and/or deductions made on their behaif as provided for by Article 13 (Fringe Benefits). 122.1 Insurance premium contributions as established by the Employer including I'rfe, hospital, and health insurance premium contributions as established as of the date of the early retirement for early retirees who have retired since November 1, 1984, until such time as they reach sixty-five (65} years of age. In order to be eligibie for the insurance premium contributions under tfie earfy retiree provision, the employee must: 12.2.i.1 Be receiving benefits from a public employee retiremenf acf at the time of retirement. 122.12 Have severed the employment relafionship with the City of Saint Paul and Independent Scfiool District No. 625 under one of the early retiree pfans. � 122.1.3 fnform fhe Human Resource Department of independent School Disfrict IVo. 625 and fhe Oifice of Human Resources, Ciiy of Saint Paul in writing wdhin sixty (60) days of emptoyee's earty retirement date thaf he or she wishes to be eligible for early retiree insurance � benefits. 122.1.4 Retire prior ta May 31, 2000. 12.3 Regular employees not covered by the fringe benefits lisied in Article 122 shall be considered, for the purposes of this Agreement, participating employees and shall be compensated in accordance with Article 12.1 (Wages) and have-fringe benefd contributions and/or deductions made on their behaif as provided for by Article 13 (Fringe Benetits). 12.4 Temporary employees shall be considered, for the purposes of this Agreement, participating employees and shatl be compensated in accordance with Article 12.7 (Wages) and have fringe benefit corttributions and/or deductions made in their behaif as provided for by Article i 3(Fringe Benefits). 12.5 All regutar employees employed after February 15, 1974, shall be considered, for the purpose of this Agreement, participating employees arrd shall be compensated in accordance with Article 12.i (Wages) and have fringe benefit contributions and/or deductions made on their behalf as provided for by Article 13 (Fringe Benefits). � iL; 10-348 • ARTICLE 13. FRINGE BENEFITS 13.1 The Employer shali make contributions on behalf of and/or make deductions from the wages of participating employees as defined by Articies 12.3, 12.4, and �2.5 covered by this Agreement in accordance with Appendix D for all hours worked. ARTICLE 14. SELECTION OF LEAD GLAZIER AND GENERAL LEAD GLAZIER 14.1 The sefection of personnel for tfie class of position Lead Glazier and General Lead Glazier shaif remain solely with the Employer. t42 The class of position Lead Glazier shall be filled by employees of the bargai�ing unit on a "temporary assignment" 14.3 All `Yemporary assignments" shall be made only at the direction of a designated Employer 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. u • 11 10-308 ARTlCLE t5. HOLIDAYS 15.1 The following nine (9) days shall be designated as holidays: New Yea�'s Day, Martin Luther King, Jr. Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgnring Christmas Day, January i Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Fourth Thursday in November Fourth Friday i� November December 25. 15.2 When New Yea�'s Day, independence Day or Christmas Day falls on a Sunday, the following Monday sha�i be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The nine (9) holidays shall he considered non-workdays. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empfoyees may be scheduled or "called back" in accordance witfi Article 10 (Call Back). 15.5 Participating emptoyees as defined in Articfes 12.3, 12.4, and 12.5 assigned to work on Martin Luther King, Jr, Day, Presidents' Day, or day after Thanksgiving shall be compensated on a straight-time basis for such hours worked. 15.6 Such participating employees assigned to work on New Year's Day, Memoriai Day, tndependence Day, Labor Day, Thanksgiving Day or Christmas Day shall be compensated at the rate of two (2) times the basic hourly rate o{ such hours worked. 75.7 If att employee other than a participating empioyee entitled to a holiday is required to work on Martin Luther �ng, Jr. Day, Presidents' Day, or the day after Thanksgiving, the empioyee sha!! be granted another day off with pay in lieu thereof as soon thereafter as the convenience of the department permits or the employee shai! be paid on a straight- time basis for such hours worked, in addition to the regular holiday pay. If an employee oiher than a participating employee entitled to a holiday is required to work on New Year's Day, Memoriai Day, Independence Day, Labor Day, Thanksg'rving Day or Christmas Day, the employee shaii 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, i� addition to the regular holiday pay. 12 � L� �� 10-308 • • . ARTICLE 16. DiSCfPLINARY PROCEDURES 16.1 162 The Employer shafl have the right to impose disciplinary actions on employees for just cause. Discip{inary actions by the Employer sha{{ include oniy ihe tollowing actions: 16.2.1 Ora{ reprfmand; 1622 W ritten reprimand; 16.2.3 Suspension; 162.A Demotion; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shafl retain all rights under Minnesota Stat�te § 179A20, Subd. 4., and thereby shall have the right to request that such actions be considered a"grievance° for the purpose of processing through the provisions of Article 22 (Grievance Procedurej. Once an empfoyee, or the Union acting in the employee's behaH initiates review of an action, that matter shaN not be reviewed in another forum. Oral reprimands shall not be subject to the grievance review procedures. 16.4 Preliminarv Review. Prior to issuing a disciplinary action of unpaid suspensio�, demotion, or discharge, the supervisor wili make a recommendation to hisJher supervisor regarding proposed discipline. That supervisor will the� schedule a meeting with the empioyee prior to making a finai determination of the proposed discipline. The employee shall have the opportunity to have union representation present and be provided the opportunity to speak on his/her behalf regarding the proposed action. If the employee is unabie to meet with the supervisor, the employee will be given the opportunity to respond in writing. ARTICLE 17. ABSENCES FROM WORK 17.1 Empioyees who are unable to report for their normal workday have the responsibiliry to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such workday. 17.2 17.3 Faifure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quiY' by the Employer on the part of the employee. 13 10-308 ARTICLE 18. SENlOR1TY 18.1 For the purpose of this Articie the foilowi�g terms sha11 be defined as follows: 18.1.1 The term, "Employer,° shalt mean Independent School District No. 625, Saint Paut Public Schoo(s. 18.1,2 The term, °Master Senioriiy;' shall 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. 18.1.3 The term, "Class Seniorit}!' shall mean the length of continuous regular and probationazy service with the Empioyer from the date an empioyee was first appointed to a pasition with the Employer in a class title covered by this Agreemerit. This Section 18.1.3 is intended to mean that for any person no matter what the person's prior experience or how hired by the District, the person's ctass seniority starts at zero the day they are appointed to a School District position in that titfe and begins to be caicu(ated from tfiaf date. M employee's Ctass Seniority does not revert to zero foflowing recall from an Emptoyer infiated layoff within the twenty-four (24 ) month recall rights period specified in 18.4. This definition of class seniority would be used for all layoff decisions. � 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is granted because of illness or injury; is granTed to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-Yime position with . the Union. 18.3 Seniority shall terminate when an empioyee retires, resigns or is discharged. 1 S.4 (n the event it is determined by the Empfoyer that it is necessary to reduce the workforce, emp(oyees wili be laid off by class title wichin each Department based on inverse length of "Class Seniority.° Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class title previousiy held which is covered by this Agreement, provided 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 Civii Service recaii rights to this Employer shall apply. This provision does not address any rights Yhe employee may have to be recalled to any other employer, 18.5 The setection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Emptoyer. r -� � 74 10-308 � � i ARTICLE 19. JURiSDICTiON 19.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject to determination by the various unions representing employees of the Employer. 192 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreements between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the unions involved and the Employer shall meet as soon as mutually possible to resolve the dispute. Nothing in the foregoing 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 employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shall be subject to disciplinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separeted from employment based on the following actions: 20.1.1 20.12 20.1.3 Res+qnation. Employees resigning from employment shall give written notice fourteen (14) calendar days prior to the effective date of the resignation. Discharae. As provided in Article i 6. Failure to Reoort for Dutv. As provided in Article 17. 20.2 Employees having a temporary employment status may be terminated at the discretion of the Empioyer before the compfetion of a normal workday. ARTICLE 21. TOOLS 21.1 All employees shali personaliy provide themselves with the tools of the trade as listed in Appendix B. 15 10-308 ARTICLE 22. GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union shall notify the Employer in writing of the names of the Stewarcis and of their successors when so named. 222 It is recognized and accepted by the Employer and the Union tE�at the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsihilities. The Steward involved and a grieving employee shaii suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the empioyee have not'rfied and received the approval of their supervisor to be absent to process a grievance and thaT such absence wouid not be detrimental to the work programs of Yhe Employer. 22.3 The procedure estatrlished by this Article shali, except as previously noted in Article 16 (D+scipiinary Procedures), be the sote and exclusive procedure for the processing of grievances, which are defined as an aileged violation of the tertns and conditions of this Agreement. 22.4 Grievances Shall be resoived in conformance with the following procedure: �� te 1. Upon the occurrence of an alleged violation of this Agreement, the employee involved 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 ihe informal discussion, it may be reduced to writing and refened to Sfep 2 by the Union. The written grievance shall set forth the nature • of the grievance, the facts on which iT is based, the alleged secYion(s) of the Agreement violated, and the relief requested. Any aileged violation of the Agreement not reduced to writing by the Union within severt (7j calendar days of the first occumence of the event giving rise to the grievance or within the use of reasonable diligence shoufd have had knowfedge of the first occurrence of ffie event giving rise to ffie grievance, shall.be considered waived. Step 2. Within seven (7) calendar days after recenring 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 unresoived, the Employer shall repiy in writing to the Union v�ithin three (3) calendaz days following this meeting. The Union may refer the grievance in writing to Step 3 wifhin seven (� calendar days following receipt of the Empioye�s written answer. Any grievartce not referred in writing by the Union within seven (7j calendar days following receipt of the Employers answer shall be considered waived. � T 10-308 � ARTICLE 22. GRfEVANCE PROCEDURE (continued) Ste� 3. Wfthin seven (7) calendar days folVowing receipt of a grievance referred from Step 2, a designated Empfoyer supervisor sha4l meet with the Union Business Manager or his designated representative a�d attempt to resolve the grievance. Wfthin seven (7) calendar days following this meeting, the Empfoyer shall reply in writing to the Union stating the Empioyer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) cafendar days foilowing receipt of the Empfoyer's answer shail be considered waived. St ED 4 . ff 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 shalf 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 mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panef of five (5) arbitrators. Both the Empioyer and the Union shail have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Employer shall then sirike one (1) name. The process wili 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 shall have no � authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shali be submitted in writing within thirty (30) days foliowing close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shali be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each parry shall be responsible for compensating its own representative and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing 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 10-308 ARTICLE 23. RIGHT OF SUBCONTRACT 23.1 The Employer may, at any time during the duration of this Agreement, contract out work done by the employees covered by this Agreement. tn the event that such contracting would result in a reduction of the workforce covered 6y this Agreement, the Employer shall give the Union a ninety (90) calendar day notice of the intention to subcontract. 232 The subcontracting of work done by the empfoyees covered by fhis Agreemenf shall be in all cases be made only to employers who qualify in accordance wdh Ordinance No. 14013. ARTICLE 24. NON-DISCRIMlNATION 24.1 The tertns and conditions of this Agreement wiii be applied to employees equatly without regard to or discrimination for or against any individual because of race, color, creed, sex, age or because of inembership or non-membership in the Union. 242 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other empioyees and the generai public. ARTICLE 25. SEVERABlLITY 25.1 in the event that any provision(s) of this Agreement is declared to be contrary Yo law by proper legislative, administrative or judiciai authoriry from whose finding, determination or decree no appeai is faken, such provision(s) shalf be voided. All other provisions shall confinue in full force and effect. 252 The parties agree to, upon written notice, enter into negotiations to place the voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. � � � 18 10-308 • 26.1 The Employer and the Union acknowiedge that during the meeting and negotiating which resulted in this Agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise ofi this right are fuily and completely set forth in this Agreement. ARTICLE 26. WAIVER 26.2 Therefore, the Empfoyer and the Union for the duration of this Agreement agree that the other party shalf not be obfigated to meet and negotiate over any term or condition of employment whether specifically covered or not specifically covered by this Agreement. The Union and Employer may, however, mutually agree to modify any provision of this Agreement. 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this Agreement, are hereby superseded. ARTICLE 27. MILEAGE 27.1 Miieaqe Aflowance. 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 Sor eligible employees shall be established by the Board of � Education. The mileage reimbursement rate shall be indexed periodically to reflect the rate estabiished by the Interna! Revenue Service. 27.2 Reimbursement Procedures. An employee must keep a record of each trip made. Reimbursement shall be for the actual mileage driven in the pertormance of assigned duties as verified by the appropriate school district administrator and in accordance with School District Business Office policies and procedures. ARTICLE 28. COURT DUTY . 28.1. CouR Cases. Any employee who is duly subpoenaed as a witness in any case in court shall be entitled to leave with pay for that purpose provided that the employee is not a party in the case, and provided that the case is not the result of litigation undertaken by the employee or the Union against the District, ln cases where the Board is a party in the iitigation, 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. Required 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 10-308 AAT]CLE 29. DURATION AND PLEDGE 29.1 This Agreement shall become effective as of the date of signing, except as spec�cally provided othenvise in Articles 72 and 13, and shall remain in effect through the 31st day of May 2072, and cootinue in effeci from year to year thereafrer unless noUce to change or to terminate is given in the manner provided in 29.2. 29.2 If either pariy desires to terminate or modify this Agreement effective as of the date of expiration, the party wishing to mod'rfy or terminate the Agreement shafl give written notice to the other party, not more than ninety (90) or Iess than s'udy (60) calendar days prior to the e�iration date, provided that the Agreement may only be so terminated or mod'rfied effective as of the expiration date. 29.3 In consideration of the terms and conditions of employment established by this Agreement and the recognition that the Grievance Procedure herein estabiished is fhe means by which grievance conceming its application or interpretation may be peacefuliy resolved, the parties hereby pledge that during the term of the Agreement; 29.3.1 The Union and the employees wilf nof engage in, instigate or condone any concerted action in which employees faii to report for duty, wilifuffy absent themselves from work, stop work, slow down their work or absent themseNes in whole or parf from tfie full, faifhful pertortnance of their dufies of employment. 29.32 The Empioyer will not engage in, irtstigate or condone any lockout of employees. 29.3.3 This cnnstitutes a tentative Agreement between the parties which will be recommended by the school board negotiator, but is subject to the approval of the Board of Educaiion and is also subject to ratification by the Union. The paRies agree and attest by the signature of the following representatives for the'Employer and the Union that this represents the full and complete understanding of fhe parties for the period of time herein specffied. W iTNESSES: SCNOOL Relations NO. 625 Manager ,4s�istalft Manager 9�aI-� Dafe TWIN CITY GLAZIERS, ARCHITECTURAL MEfAlS_A�ND Gl WOR RS LOGAL 7324 / ` :�!Ci/ Business Representafive �/�/d� Dafe� �: �. r ' L � 20 tTi3c3�F: • APPENDIX A The classes of positions recognized by the Employer as being exclusively represented by the Union are as follows: Glazier Lead Glazier Apprentice - Glazier 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 All necessary hand toofs. . 21 IO-308 APPENDIX C G-1 The total hourly cost to ihe Employer for wages plus any and all contributions or deductions stated in Appendix D of this Agreement shatl not exceed the following amounts: Glazier Lead Glazier Effective Effective Effective 8/29/09 5/21/10 5l20/1i $47.96 $49.01 $50.19 $48.91 $49.96 $51.14 C-2 Taxable rate for emplovees covered bv PERA Pension Fund. The totai tauabie hourly rate including wages and the vacation contribution in Appendix D and exciuding aii other benefit costs and obiigations in Appendix D, for regular and probationary employees appointed to the following classes of positions shafl be as folfows: Glazier Lead Glazier Effective Effective Effective 8/29/09 12M8J09 5/21l10 $34.74 * � $35.67 ` � Effective Effective 12J3i/10 5/20/t1 . *. . .. C-2A Comaensation analvsis aurooses onlv. These figures represent the portion of the Appendiz Ct rates above spec'rficatly alfocated to wages. These rates do NOT include taxabie confribufions and therefore should NOT be used for taxable payroll calculations. See Appendices C2 and C3 for tofal faxable payroli information. Glazier Lead Glazier Effective Effective Effective 8/29/09 12h8/09 5/21/10 $3a24 ` ' $31.17 ` ' Effective Effective 12/31/10 5/20/11 � �� . �� "Note: The May 27, 20]0, houAy rates in Appendices C2, C2A, C3 antl C4 shali be determined at a later date based on the allocation agreed to by the Empioyer and the Union of the May 21, 201 D, Mtal houdy cost stated in Appendix C1. "Note: ihe May 20, 20Y 7, hourly rates in Appendices C2, G2A, C3 and C4 shal! be detertnined at a later date basetl on the allocation agreed to by the Employer and the Union of the May 2D, 2071, totai hourly cos! stated in Append'a C7. C� • r ' L_� � 10-308 C� C � • APPENDIX C (continued) C-3 The total taxable hourly rate inciuding wages and the vacation contribution in Appendix D Sor regular and probationary employees who were hired on or after May 1, 2001, and are exempt from PERA; for employees who opted out of receiving Employer contributions to PERA during the period May 1, 2001 and December 30, 2001; and temporary employees appointed to the following classes of positions shall be: Glazier Lead Glazier C4 Effective Effective 5/21/10 5/20l11 � �� >� 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 Emp{oyer to make contributions to PERA, the calculated hourly base rate may change so the Employer's cost does not exceed the amounts listed in C1 above. Taxable rate for temporarv empiovees. The total taxable hourly rate including wages and the vacation contribution in Appendix D for temporary employees appointed to the fioliowing classes of positions shall be: Effective 8/29/09 $37.08 $38.08 Effective Effective 8/29/09 5/21110 G5 Giazier Lead Glazier $35.03 $36.03 Effective 5/20/11 :. .� The basic hourly wage rates for the Apprentice class of positions: Apprentice 0 - 6 months 7 - 12 months 13 - 18 months 19 - 24 months 25 - 30 months 31 - 36 months 60% of Glazier 65% of Glazier 70% of Glazier 75% of Glazier 80% of Glazier 9�% of Glazier A premium pay of ninety cents ($.90) per hour shall be paid for all swing stage work, such as any work performed from a boatswain's chair, swing scaffold, or scaffold twenty (20) feet or more above the ground. All standard safety�laws shall be complied with. If the Union elects to have the contributions listed in Appendix D increased or decreased, the Employer may adjust the rates i� Appendix C, Sections C-2 through C-4 in such a way that the total cost of the package (wage rate plus contributions) remains constant and does not exceed the amounts shown in Appendix C, Section C-1. `Note: The May 27, 2070, hourly rates in Appentlices 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 May 21, 2010, total hourly cost stated in Appendix C1. ��NOte: The May 2Q 2011, houdy sates in Appendices C2, G2A, C3 and C4 shalt be determined at a later date baseU on the allocation agreed to by the Employer and the Union of the May 20, 2011, total hourly cost stated in Appendix Ct. 23 10-308 APPENDIX D Effective August 29, 2009, Employer sha!! forward the amounts designated in this Appendix D for participating employees covered by this Agreement and defined in Articles 12.3, 12.4, and 12.5 to depositories as directed by the Union and agreed to by the Employer: (1) $4.50 per hour for all hours worked from which all appropriate payroli deductions have been made to a Union-desianated Vacation Fund. This oavment shall oniv be made (2) $520 per hour for ali hours worked to a Union-designated Health and Welfare Fund. (3) $525 per hour for all hours worked to a Union-designated Intemational Pension (4) $.38 per hour for all hours worked to a Union-designated Apprenticeship Fund. (5) For temporary employees paid at the Appendix C, Section C-3 rates; forvvard $1.50 per hour for all hours worked from which all appropriate payroll deductions have been made to a Union-designated Vacation Fund and $7.30 per hour for atf hours worked to a Union-designated Pension Fund. The Employer sfia(I make (ega(fy estab(ished non-negofiated pension contribufions fo PERA. Changes in the mandated PER.4 rate may change the calculated hourly base rate of pay so the Employer's cost does not exceed the amounts listed in Appendix C, Section C-1 above. � All contributions made in accordance with this Appendix D shall be deducted from and are not in � addition to the amounts sF�own in Appendix C, Section C-1. The Append'nc D amounts shall be fonvarded to depasitories as directed by the Union and agreed to by the Employer. These funds will typicaliy be forwarded by the 15th, but not later than the 24th, of the month foilowing the month in which the hours were worked. The Employer shall establish Workers' Compensation and Unemployment ,Compensation programs as required by Minnesota Statutes. Participating employees as defined in Articles 12.3, 12.4, and 12.5 covered by this Agreement shall not be eligible for, govemed by or accumulate vacation, sick leave, holiday, funeral leave, or insurance fringe benefits that are or may be established by Personrtet Rules, Council Ordinance or Councii Resolutions. The EmployeTs fringe benefit obtigation to participating emptoyees as defined in Articles 12.3, 12.4, and 12.5 is limited to the contributions and(or deductions established by this Agreement. The actuai level of benefits provided to employees shall be the responsibility of the Trustees of the various funds to which the Empioyer has forvvarded contribuNons and/or deductions. �� 24