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95-625ORIGINAL � Presented By Referred To CouncilFile# %��a � GreenSheet�f 27868 MINNESOTA ad Committee: Date 1 `a 3 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached July 1, 1994 - June 3Q 1996 Agreement between the Independent School District No. 625 and the Intemational Union of Operaung Engineers, I.ocal 70. Requested by Department of: Office of Labor Relations By: -� � City Attorney By: for Subir�"�ion �p Council sy: AdoptedbyCouncii: Date ' 8 � Adoption Certified by Council Secretary 9�Ga��✓ DEPARTMENT/OFFICE/COUNCIL DATE INITIATED N� �� H� H Human Resources-Labor Relations 5-18-95 GREEN SHEET INRIAVDATE INRIAUDATE CONTACT PERSON 8 PHONE � DEPARTMENT DIRECTOR � CIiYCOUNCIL Mar H. Rearne 266-6495 " Q �S• ZS OqTYCLERK MUSTBEONCOUNCILAGENDABY(DATE) pO�N�� BUDGETDIRECTOR �FIN.&MGT.SERVICESOIR. ORDER MpyOfl (OR ASSISTAN'n O TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS FOR SIGNATURE) ACTION flEQUESTED: This resolution approves the attached Ju1y.1, 1994 - June 30, 1996 Agreement between the Independent School District No. 625 and the International Union of Operating Engineers, Local 70. RECAMMENDATIONS: Appmve (A) or Reject (R) PEFiSONAL SERVICE CONTiiACTS MUST ANSWER THE FOLLOWING QUESTIONS: _ P�ANNING COMMISSION _ CIVIL SEflVICE COMMISSION �� Has ihis pEfSOnRirm ever worked undef a Con�2tt fof thiS depdrtment? _ CIB COMMITfEE _ YES NO _ STAFF 2. Has this person/firm ever been a city employee? — YES NO _ DIS7RIC7 CoUar _ 3. Does this person/firm possess a skill not normally possessed by any current city employee? SUPPORTS WHICH COUNQL OBJECTIVE> YES NO Explafn all yes answers on separate sheet anA attach to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Wha. What, When, Where, Why) See Attached. This Agreement pertains to Board of Education employees only. "t� `4° �i € �IAY 26 1995 ADVANTAGESIFAPPROVED: g�����i'� ���N`�"n �d'+��'�� [°�.�i�::'w''x'4�a �.. x ,� g Lm:a< �1.d7tl � � ��9� i DISADVANTAGES IF APPROVED OISADVANTAGES IF NOT APPROVED� �NAY 2 5 1995 C�TY ATT�R �� TOTAL AMOUNT OFTRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDIWG SOURCE .4CTIVITY NUMBER FINqNCYAL INFORMATION (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 �� -�� BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: January 10, 1995 TOPIC: Approval of 1994-96 Labor Agreement; 1994-96 Memorandum of Understanding; Special Memorandum of Understanding regarding seniority; and Memorandum of Understanding regarding overtime, with Intemational Union of Operating Engineers (I.U.O.E.) Local 70 exclusive representatives for Custodial Service Employees. A. PERTINENT FACTS: The labor agreement with I.U.O.E. Loca170 has a two-year duration from Ju�y 1, 1994 through June 30, 1996; two of the Memoranda of Understanding have the same duration; the Memorandum of Understanding regarding seniority terminates June 30, 1995. 2. Contract changes include the following: LANGUAGE CHANGES: SENIORITY: ARTICLES 5.7 and 7 4 Changes effective prospectively. Seniority basis for shift selection is changed from building seniority to classification seniority. The old provision for shift differential is deleted and repiaced with new language which provides a five percent (5%) shift differential for any employee whose regularly-assigned shift begins later than 1:00 p.m. The differentiai is paid for the full shift whenever the late shift is actually worked. SICK LEAVE: ARTICLE 8.5 Changes effective prospectively. New paragraph (8.5.1) is added describing the conditions related to medical verification requirement. New paragraph specificaily allows supervisor to approve use of one (1) day sick leave in event of death of employee's brother-in-law, sister-in-law, stepparent, stepchild, stepbrother or stepsister. New paragraph is added allowing use of up to three (3) days per year of employee's sick leave to care for employee's seriously iil spouse or dependent parent. New paragraph is added referencing the new federal Family and Medical Leave Act. COURT DUTY: ARTICLE 10 Language is added excluding pay for such duty if the empioyee is appearing in litigation by the employee or ;he Union against the District. Empioyment Agreement: Intemationai Union of Operating Engineers (I.U.O.E.) Local 70 a�-.� January 10, 1995 Page Two Contract changes include the following (continued): HOLIDAYS: ARTICLE 17 References to "contract yea�' are changed to read "calendar year." Language is amended regarding scheduling of the alternative holiday for an employee required to work on a minor holiday. VACATION: ARTICLE 18 References to 'Sracation yea�' are changed to read "calendar year." New paragraph is added providing eligibility for vacation accruai formula based on continuous time worked in the title for those regular employees appointed to the Facility Services Worker title on October 17, 1994, who had more than two (2) years continuous service with the District in temporary status pursuant to Articie 4.3.3. There is no retroactive vacation credit. Vacation is earned in the future. ECONOMIC ISSUES: INSURANCE: ARTICLE 16 The parties agree that the Empioyer mav (but is not required to) initiate a reopener for 1995-96 for the sole purpose of addressing retiree health insurance provisions and severance pay provisions. HEALTH INSURANCE: ARTICLE 16.8 Effective January 1. 1995: Employer maximum contribution caps are increased to $175 per month for employee coverage or $295 per month for family coverage. Effective July 1. 1996: Any premium increase which may be negotiated for the 1996-97 contract year will be made effective at July 1, 1996. LIFE INSURANCE: ARTICLE 16.13 Effective February 1. 1995: Total life insurance coverage is increased to $40,000. Employer contribution cap is $9.00 per month. Effective January 1. 1996: Total life insurance coverage is increased to $50,000. Employer contribution cap is $11.10 per month. WAGES: Julv 1. 1994: All rates are increased by 1.25%. Julv 8. 1995: All rates are increased by 1.75%. Language is added to contract providing that those regular employees appointed to the Facility Services Worker title on October 17, 1994, who had more the two (2) years continuous service with the District in temporary status pursuant to Article 4.3.3 shali be placed at the "After One Year' pay rate effective at the beginning of the first fuli pay period after Board of Education adoption of this agreement. Employment Agreement: Intemational Union of Operating Engineers (I.U.O.E.) Loca170 �;1- ��`) January 10, 1995 Page Three Memoranda of Understanding: TRAINING PREMIUM: The training premium for Custodian Engineers Iil, IV, and V is amended effective July 1, 1995, to reflect some changes in the conditions for premium qualification. This Memorandum of Understanding is effective July 1, 1994 through June 30, 1996. • Engineers who have aiready completed the required training and qualified for premium payment must participate in a required refreshedretraining course of one or two sessions every year in order to retain eligibility for premium payment. • Effective July 1, 1995, Custodian Engineer II ciassification wili be added to the training requirement and premium at 10¢ per hour. • Premium rates for Custodial Engineer III through V will each be increased 5¢ per hour, effective July 1, 1995. OVERTIME EQUALIZATION PROCEDURES: A Memorandum of Understanding has been developed between the District a�d the Union which clearly states the overtime call procedures, and amends the procedures to simpiify the process. The Memorandum of Understanding will be an appendix to the contract book. Alleged violations will be grievable under the contract grievance procedures to the SuperintendenYs level as the final step. SENIORITY PROCEDURES: The Memorandum of Understanding regarding seniority application with the separation of the Saint Paul Technical College is extended through June 30, 1995. 4. The District has 275 regular employees in this bargaining unit. 5. This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations Manager, and Wiiliam A. Larson, Assistant Superintendent, Fiscal Affairs and Operation. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement and Memoranda of Understanding concerning the terms and conditions of employment of those custodial service employees in this school district for whom the International Union of Operating Engineers (I.U.O.E.) Local No. 70 is the exclusive representative. Duration of the Agreement is for the period July 1, 1994 through June 30, 1996. Duration of Memoranda of Understanding are as indicated therein. 9�-625. �� 1994 - 96 y LABOR AGREEMENT between SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 �� � INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 70 : � S A � A UL`� U: L �� PUBLIC SCHOOLS LIFELONG LEARN/NG ����� d d o ���� � PUBLIC SCHOOLS LIFELONG L£ARNING SAINT PAUL PUBLIC SCHOOLS lndependent School District No. 625 Board of Education: Greg Filice - Chair Bill Carlson - Director Mary Thornton Phillips - Vice Chair Tom Conlon - Director Choua Lee - Clerk Becky Montgomery - Director Marc Manderscheid - Treasurer Administration: C] e Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, � Planning and Support Services Maureen A. Flanagan - Assistant Superintendent, Administration and Government Relations William A. Larson - Assistant Superintendent, Fiscal Affairs and Operations Carol M. Sorenson - Assistant Superintendent, Teaching and Leaming , � � 95 � ,� Y • , . C .� ARTICLE TITLE PAGE 1. 2. 3. 4. 5. Preamble. .............. v Recognition ............................................................................. 1 Defini6ons.............................................................................. 2 UnionRights ........................................................................... 3 TemporaryEmployment ......................................................... 5 Seniority................................................................................ 8 6. Management Rights ................................................................. 1 2 7. Hours and Premium Pay ........................................................ 1 3 8. Leaves of Absence ................................................................... 1 5 9. Military Leave of Absence ...................................................... 1 8 10 Court Duty .............................................................................. 1 a 1 1. Severance Pay ........................................................................ 1 9 12. Mileage - Independent School District No. 625 ..................... 20 13. Supervisory Assignment ........................................................ 2 0 14. Working Out of Classification ................................................ 21 15. Discipline ...............................................................................23 16 Insurance ................................................................................ 2 4 17 Holidays .................................................................................. 2 8 1 8. Vacation .................................................................................. 3 0 19 Uniforms ................................................................................31 20. Grievance Procedure .............................................................. 32 21 . Wage Schedule ........................................................................ 3 4 22. Strikes, Lockouts, Work Interference ................................... 34 23. Nondiscrimination ..................................................................34 24. Terms of Agreement ............................................................... 35 Appendix A- Wages ...................................................... A 1- A2 MEMORANDUM OFUNDERSTANDING Equalization of Overtime Rfl i �� 95-625� PREAMBLE THIS AGREEMENT IS BY AND BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND LOCAL UNION N0. 70, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO. This agreement has been entered into between Independent School District No. 625, hereafter referred to as the Employer, and Local Union No. 70, international Union of Operating Engineers, AFL-CIO, hereafter referred to as the Unan. This agreement has as its purpose, the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resoluGon 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 Empbyment Labor RelaUons Act of the State of Minnesota of 1971, as amended. � � ARTICLE 1. RECOGNITION 95-625��! 1.1 The Empioyer recognizes the Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours, and other conditions of employment for all of its employees as outlined i� the certification by the State of Minnesota Bureau of Mediation Services under Case No. 73-PR-449-A, as amended, to read as follows: All regular, probationary, and provisional engineering and building maintenance personnel who are employed by Independent Schooi District No.625, and whose employment service exceeds the Issser of 14 (fourteen) hours per week or thirty-five percent (35%) of the normal workwesk and more than s'ucty-seven (67) workdays per year in the following classifications: Facility Services Worker, Custodian-Engineer I--Board of Education, Custodian-Engineer II--Board of Education, Custodian Engineer III--Board of Education, Custodian-Engineer IV--Board of Education, Custodian Engineer V--Board of Education, Trainee (Custodian-Engineer) Custodial Worker', Custodian', Custodian (Light Duty)'; � excluding supervisory, managerial, clerical, confidentiat, and temporary empioyees, those exclusively represented by other labor or employee organizations, and all other employees. 'Abolished excepi as to present incumbents. 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 to accomplish said objective. 1.3 Temporary employees are recognized as within the unit covered by this agreement, however, except as specifically provided by this agreement (see Article 4), temporary employees shall not have nor acquire any rights or benefits other than specifically provided by the provisions of the Civii Service Rules. � ARTICLE 2. DEFlNITIONS � 2.1 Collective Bar iy� nina: The Empioyer wili bargain coliectively with 4he Union with respect to rates of pay, hours, and othsr conditions pertaining to employment for all of the empioyees in the unit hereinbefore set forth. 2.2 Maintenance of Standards: Tfie Empbyer agrees that all conditions of employment rela6ng to wages, hours of work, overtime differentials, vacations, end general working conditiorts 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 (Resotution No. 3250), at the time of the signing of this agreement, a�d the conditions of empbyment shall be improved wherever specific provisions fior improvement are made elsewhere in ihis agreement. 2.3 Djscrimination: The Emptoyer will not interfere with, resUain or coerce the employees covered by this agreement because of inembership in or activity on behalf of fhe Union. The Employer will not discriminate in respect to hire, tenure of empfoyment or any term or condition of empbyment against any empbyee covered by this agreement because of inembership in or ac6vity 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. � • `a 95-6 � � � • ARTICLE 3. UNION RIGHTS 3.1 The Union may designate empioyees within the bargaining unit to serve as Union Stewards and sha�l be required to administer this agreement 3.2 The Union shail furnish the Employer and appropriate department heads and District Negotiator with a list of Stewards and alternates, and shail, as soon as possible, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shali be recognized by the Employer for the purpose of ineetings. 3.3 There shall be no deduction from the pay of a Steward when directty involved in meetings with management relating to the administration of this agreement during working hours. 3.4 Designated Union representatives shail be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract, so long as the Union representative does not interfere with the completion of the employees' job duties. 3.5 Sho� Steward: The Chief Steward or Assistant Chief Steward in the District will be allowed to accompany an employee to meet with the Employer during regular worki�g hours for the purpose of grievance review and dispute resolution involving employees, under the following conditions: 3,5.1 3,5.2 3,5.3 3.5.4 3.5.5 That only one employee from any one department be allowed to leave his/her work. That stewards wili atte�d these meetings on their own time when they are held outside of regular working hours. That adequate notice is given to the supervisors so that permission may be obtained from the Facility Operations Office. That the steward has officially been designated as such by the Union. Only the chief or assistant chief steward shall be excused for participation in grievance and/or dispute resolution meetings. 3.6 A mauimum total of eighty (80) hours without loss of pay per contract term will be allowed for the combined use of a maximum of four (4) shop stewards to participate in contract negotiations, mediation, or arbitration meetings which are held during the regular working hours of any of the stewards. It is understood that Union and the Employer will, to the greatest extent possible and reasonable, schedule such meeGngs outside regular working hours, arid stewards will attend the meetings when this is the case on their own time. 3.7 Union Conventions: Duly-elected Union delegates shail be granted time off without pay for one (1) week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shali give at least ten (10) working days' advance notice of the empioyees who will be participating in such conventions. 3 ARTICLE 3. UNION RIGHTS (continued): ��Ifi�1���if1'f 3.8.1 Dues: The Employer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shail be certified to the Employer by a representative of the U�ion and the aggregate deductions of all empbyees shall be remitted together with an itemized statement to the representative by the first of the succeeding month after such deductions are made or as soon thereafter as is possible. 3.8.2 Fair Share: Any present or future employee who is not a Union member shall be required to contribute a fair share fee for services rendered by the Union. Upon notification by the Union, the Employer shall check off said fee from the eamings of the employee and transmit the same to the Union. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specifically provided by Minnesota law, and as otherwise legal. r� \_J 3.8.3 The Union will indemnify, defiend, and hold the Empfoyer harmless against any claims made and against any suits instituted against t#�e � District, its officers or employees, by reason of negiigence of the Union in requesting or receiving deductions under this article. The District wili indemnify, defend, and hold the Union harmiess against any claims made and against any suits instituted against the Union, its officers or empioyees by reason of negiigence on the part of the Employer in making or forwarding deductions under this article. 3.8.4 The Empioyer will notify the Union in writing of all new employees covered by this agreement within a reasonabie time period of the empioyee's first day of work. The Employer will notify the Union at regular intervals regarding employee status changes, including unpaid leave, promotion, demotion, resignation, layoff, and/or re4irement. � 95 � • ARTICLE 4. TEMPORARY EMPLOYMENT (Effective July 1, 1993) Effective July 1, 1993, the District and Union acknowledge three types of temporary empbyment: Casual Service, Short-term Service, and Extended Service. All persons employed in any temporary status or any extension of temporary service must knowingly consent to such extension and complete a Temporary Employment Certification Form acknowledging the temporary nature of the assignment. Ail persons employed in any temporary status will be members of the bargaining unit folbwing the completion of sixty-seven (67) workdays, and have the terms and conditions of employme�t set forth in this article. An extension of temporary assignment does not create any continuing employment rights for the temporary employee. ' '� i• -� u� • i�=� Casual Service Temporary Employment wili be characterized by assignments that are less than sixty-seven (67) days in duration, and the terms and conditions of employment are established solely by the Employer. These are not positions covered by the bargaining unit. Work assignments will typically be overflow work which serves as an extension of, and not a replacement for, the normal workforce of regular employees. �•� - u •u•• ,. u .. u-� 4.2.1 Short-term Temporary Employment will be characterized by an initial employment assignme�t for up to 1,040 hours. One extension for up to • an additionai 1,040 hours will be permitted. A copy of the completed Temporary Employment Certification Form signed at the time of the extension will be sent to �e Union. 4.2.2 Short-term Temporary employees wiil be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.2.3 Short-term Temporary employees will receive paid time off for the named holidays in Article 17, excluding any floating holidays. 4.2.4 There shall be no other access to contractual benefits except as specifically stated in 4.2.3 above. 4.2.5 Short-term Temporary Employment work assignments typically wiil serve as short-term replacements for positions normally filled by ' regular employees. 4.2.6 Such assignments will normally be to cover for the foliowing conditions: a) regular employees on paid leave, b) regular employees on non-compensatory leaves with guaranteed return, c) vacancies in job classes where there is no list of eligible candidates in place from which to make regular appointrnenis, d) positions that are of specific limited duration of less than tweive � (12) months in duration, e) other similar assignments. 5 ARTICLE 4. TEMPORARY EMPLOYMENT (continue�: e-�•-• _► -uv -_► u• • u=� Extended Service Temporary Empbyment will be characterized by temporary employment which requires assignment beyond 2,080 hours, but is nevertheless temporary in nature. 4.3.1 If the District determines the assignment for a Short-term Temporary empbyee must be extended beyond 2,080 hours, the assignment will be considered an Extended Service Temporary assignment. 4.3.1.1 The District, Union and temporary employee must agree to any Short-term Temporary Employment that is to be extended beyond 2,080 hours. 4.3.1.2 The District, Union and temporary employee will sign the Temporary Employment Certification Form acknowledging the temporary nature of the assignme�t. 4.3.1.3 Upon agreement, the temporary empioyee will be considered an Extended Service Temporary employee. • 4.3.2 Extended Service Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.3.3 Extended Service Temporary employees will have access to contractual • benefits as described in 4.3.3.1 through 4.3.3.4 below. The benefits in 4.3.3.1 through 4.3.3.4 wiil be effective the first full pay period after the compietion of the first 2,080 hours in temporary status and after the signing of the Temporary Employment Certification Form. 4.3.3.1 Paid sick leave time shall begin to accrue for all hours on fhe payroll, based on a formula of .0576 hours 6me earned for each straight-time hour on the payroll. Maximum accrual allowed is 200 hours. There is no exchange of accrued unused sick leave for cash payment. 4.3.3.2 Paid personai leave time shall begin to accrue (as vacation), for all hours on the payroll, based on a formula of .0385 hours time earned for each straight-time hour on ihe payroll. 4.3.3.3 The employee shall have access to paid holidays as provided in the labor agreement in Article 17, Section 17.5, and shall also have eligibility for the two floating holidays identified in Article 17, Section 77.1. � 95-625 � �� ARTICLE 4. TEMPORARY EMPLOYMEM (continue�: 4.3.3.4 The employee shall be eligible for participation in and Employer contribution to health care coverage and life insurance coverage as provided for active regular empbyees in Articie 16, Sections 16.8.1 and 16.13.1. Temporary employees will be required to contact the Benefits Office to apply for appropriate benefits. No access or benefit beyond these specified sections is granted or created or i�tended or implied. Any cost of any premium fw any District-offered employee or family i�surance coverage in excess of the specified District maximum contribution limits shall be paid by the empioyee via payroil deduction. 4.3.4 There shall be no other access to contractual benefits except those specifically stated in 4.3.3 above. 4.3.5 An Extended Service Temporary employee who, through the appropriate merit based examination procedures, becomes employed as a regular employee covered by this agreement during the period of Extended Service Temporary Employment shail have his/her period of temporary employment in excess of the initial 1,040 hours recognized toward completion of the probationary service requirement in the regular appointment. � C � 4.4 None of the provisions of this article shall have any retroactive effect for any employee in any 4emporary employment status prior to the effective date of this article, July 1, 1993. 4.5 No access to continuing employment is created or intended by any provisions of this article. 7 ARTICLE 5. SENIORfTY 5.1 General class senioritv: Class seniority shall be determined based on the continuous length of probationary and regular service with the Employer (Independent School Disuict No. 625, Saint Paui Public Schools) from the date the employee was first appointed to a job class covered by this agreement Class seniority shail be understood to be on an Employer-wide (District-wide) basis within each job class unless expressly stated othervvise. In cases where rivo or more employees are appointed to the same class title on the same date, the seniority shail be determined by the employee's rank on the eiigible list from which certification was made. 5.1.1 It is further understood that only time worked for the Employer (Saint Paul Public Schools) shail be co�sidered tor the purpose of seniority calculations. The only exception is for regular employees currently empioyed by the Empioyer as of July 1, 1993, who have accrued time in a job class represented by the Union in service with the Gity of Saint Paul prior to July 1, 1993. For those regular employees, the time in such job ciass with the City of Saint Paul wiil continue to be considered as 5me with the Employer. If, however, the employee has a break in employment with the Employer, (i.e., termination, resignation, retirement) thereafter, if re-empioyed, only the time following the employae's subsequent rehire to the Empfoyer wiil be considered for purpose oi seniority calcufation. � 5.1.2 An unsuccessful compietion of probationary period for a position with • the City of Saint Paul by any employee covered by this agreement shall not be considered a break in employment with the Employer. A successful completion of probationary period for a position with the City of Saint Paul by any employee covered by this agreement shall be considered a break in empioyment with the Empioyer. 5.2 Class seniori� determination for workforce reductions: In the event that the Employer determines that it is necessary to reduce the workforce, employees will be laid off in inverse order of ciass seniority in the job class from which the reduction is to occur. The Employer must terminate the employment of ail temporary and provisional employees in that job class before any regular employee in that job class is laid off. 5.3 �lass seniori�,y determination for placement followinq a workforce reduction: For purposes of this section, the job classes covered by this agreement (excluding Custodian Engineer Trainee and abolished job classes) shatl be considered one job class series. The job class with the highest rate of pay shown in Appendix A shali be the highest level job class in the series. The job class with the next highest rate of pay shown in Appendix A shall be the neut highest level job class in the series, and so on down to the last job class. When the number of empioyees in higher level job classes is to be reduced, empioyees wili be offered reductions to the next highest level job class, whether or not the employee previously was appointed to such job class, in which class seniority would keep the employee from being laid off. � [3 95 � ARTICLE 5. SENIORITY (continuecn: = 1 • � ! " = 11 1 - • � • • . " 11 0 1 • • . 1 � a • � • ' : • • � • - It is understood that an employee being reduced shail have that empbyee's class seniority in his/her current job class (and any appropriate class seniority in any lower level job class that the employee previously held) used to determine rights to positions at the time of the reduction. Thereby, empioyees whose positions are to be reduced shali have the right to displace empbyees with less class seniority in that job class. The employee with the least ciass senioriiy in the job class shall then be reduced to the next lowest tiUe for which the employee has more senioriiy than the least senior employee in that job class. Employees being reduced shall not have the ability to reduce to abolished job classes shown in Appendix A, unless the employee was previously appointed to such job class, has no breaks in employment since appointed to such job class, and there remain employees aciively employed in thaf job class at the time of ihe layoff. 5.4 Recall from workforce reductions: Recall from workforce reduction shall be in order of class seniority within the job class from which the layoff occurred. However, recall rights shall expire after two (2) years from the date of the layoff. 5.5 Ciass senioritv determination followinq voluntarv reduction: In the event that an empfoyee requests a voluntary reduction to a lower fevel job class, and such � request is approved by the Human Resource Department for the Employer, then the employee's class seniority in the job class to which the empbyee is being reduced shall be the continuous length of probationary and regular service with the Employer from the date the employee was first appointed to the job class in this agreement to which the employee wili be reduced (this wouid also include any continuous service time in higher level job classes covered by this agreement). If the employee is reduced to a lower level job class not previousiy held, then the employee's class seniority in the job ciass to which the empioyee is being reduced shall be the continuous length of probationary and regular service with the Employer from the date the employee was first appointed to any higher level job class covered by this agreement. Volu�tary reductions will oniy be approved if the reduction is to a vacant position in a lower level job class. It is understood that the employee wili have �o reinstatemen! rights back to the tormer higher leve! job class following the voluntary reduction. if 4he employee is reappointed to the higher Ievei job class through the appropriate testing and selection procedures, then the employee's class senioriiy in that job class will begin as if newly appointed to that job class. No employee will have the ability to voluntarily reduce to any of the abolished job classes shown in Appendix A. � ARTICLE 5. SEN{ORITY (continue�: =� .�n . :.. �. .� . . 5.6.1 Bidding for location: Annualiy, after the beginning of the school year, the Office of Facility Operations wiil post a IisGng of vacant positions in the job classes Light-Duty Custodian", Custodian•, Facility Services Worker, and Custodian Engineer I, with the bcations of the vacancies. Empioyees who have been certified and appanted to one of the above listed job classes may bid fa an assignme�t in that same job class at a diffarent location shown on the posting. Bids for assig�me�ts will be honored in order of class senior'tty in that job ciass providing the empioyee is quatified for the assignment. No other positions are posted for bid. Vacancies in new buiidings will be open to bidding only by employees who have had satisfactory or higher perfwmance ratings for at least the preceding year. Custodian Engineer 1 vacancies in new buildings wilf be listed oniy to alfow employees in that job class to express interest in being considered by submitting a letter to the departrnent head. a) Additional vacancies in the specified job classes during the school year will be similarly posted for bidding at least four (4) additional times during the year, if ihere are appropriate vacancies available. • b) An employee who has been reassigned as a result of the bidding . process is not eligible for any further bidding for at least one (1) year. An employee whose shift is cfianged signi�cantly on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again in the same year. c) Nothing in this provision shali be construed to limit the right of the Employer to transfer an employee to another location without bidding if there is reason to do so. 5.6.2 When there is a reduction in the number of positions in a job class at a specific building, buLSLie overali number of p�sitions in the j4b ciass District-wide has not been reduced, then classification seniority applied District-wide wiil be used to determine who is transferred out of that building. �� 10 95 . ARTICLE 5. SENIORITY (continue�: 5.6.3 {f any fufl-time empioyee's position at a specific buifding is e{iminated and/or changed to require the employee be scheduled to regularly perform work in two buildings, the newly assigned employee will be permitted to: a) Have the employee's building seniority in the first location recognized i� the second building(sj. b) Have the employee's building se�iority in the first location recognized in the new buifding(s) and may use such bui{ding seniority in the new building(s) assignment for purpose of displacing the employee with the least building seniority in the same classification from that employee's scheduled shift, providing the newly assigned employee has more building senioriiy than the employee being displaced. Full-time employees may not displace part-time employees and part-time employees may not displace full-time employees. c} Retain the right to reclaim that employee's original position in the first location should it re-open in the next thirteen (13) months, provided the employee has not accepted a position through any bid process. � 5.6.4 A fuil-time employee whose position is eliminated and who is assigned to a"floater" assignment in the employee's job class shall have the right to displace a less (least) se�ior employee in the same job class who holds a regular (location) place(s) of assignment. If a"floater" position remains as an available vacancy, the 4ess (least) senior employee can be reassigned to a"floater" position in the same job class. 5.7 �eniori for Shift Selection. Effective March 1. 1995: (1993-94: Language of Article 5.7 of the 1993-94 contract is effective through February 28, 1995.) 5.7.1 All shifts and work areas are determined by the Empbyer. Nothing in this Section 5.7. should be construed to limit the right of the Employer (department head or designee) to change an employee to another shift or work area if there is reason to do so. 5.7.2 There is no building seniority status for the purpose of bidding on locations or shifts. 5.7.3 When a shift adjustment of more than two (2) hours earlier or later is made by the Employer, and is planned to continue for more than thirty (30) working days, then shift assignment for employees in that building in the classification of the adjusted shift shall be re-bid. Ciass seniority shall be the determining factor, so 4ong as the employee is qualified and able to perform the duUes of the assignment. � 11 ARTICtE 5. SENIORITY (continued}: 5.7 5.8 5.9 [ -�.• � • � i �•� i� = u- � •' • :• 5.7,4 When a vacancy occurs in a building, the opening wilt not be offered for bid in the buiidirtg. Plani Planning and Maintenance wilt review and determine any schedule or dassification cha�ge, and whether the vacancy witl be filled. If the vacancy is to be filled, the position wifl then be offered for location bid pursuant to Sec6on 5.6.1. of tfiis articte. 5J.5 When a shift change of more than four (4j hours occurs in a position or several positions, then the pasition(s} shall be offered for bid pursuanf to 5.6.1 of this article. An employee displaced by the re-bid shalt be eligible to bid for any other vacancy in that year even if ihe employee had successfully bid earlier in tlie same year prior to being displaced. Seniori Termination: Alt seniority shall terminate whert an employee re6res, resigns or is terminated. Senioritv Consofidation: EffecUve August 1, 1993, the job ciasses Custodian* and Faeility Services Worker will be treated as a singfe job class for purposes of: 5.9.1 5.9.2 5.9.3 5.9.4 ARTICLE 6 Layoff and recall rights determination, except for the limitations on rights to abolished titles as described in 5.3 of this article. Bidding on work location as described in 5,6 of this article Bidding on shift selection within a location as described in 5.7 of this article. Job assignment as determined by the Employer within any location . MANAGEMEN7 RIGHTS • C� 6.f The Union recognizes the right of the Employsr to operate and manage its affairs in atl respects in accordance with applicable laws and regulations of appropriafe authorities. The rights and authority which the Employer has not officially abridged, delegated or modfied by this agreement are retained by the Employer. 6.2 A pubfic employer is nof required to meet and negotiate on matters of inherent managerial policy, wfiich include, but are not limited to, such areas ot discretion or policy as the functions and programs of the Employer, its overall budget, utilization of technology, and organizational structure and selection arrd direction and numbet of personnel. . 12 i ARTICLE 7. HOURS AND PREMIUM PAY 95 7.1 Definitions: The purpose of this section is to provide a basis for computation of straight Gme, overtime, and other wage calculations, and nothing in this article shall be construed as a guarantee or commitment by the Empioyer to any individual employee of a minimum or mauimum number of hours of work. 7.1.1 Wsek: A week shall consist of seven (n consecutive days beginning at 12:01 A.M. on Monday and ending at 12:00 midnight the following Sunday. 7.1.2 �y: A day shall consist of twenty-four (24) consecutive hours beginning at 12:01 A.M. at the start of a calendar day and ending at midnight of that day. 7.1.3 Normal Work Schedule: The normal work schedule for employees covered by this agreement shall consist of forry (40) hours or work scheduled on five (5) consecutive eight (8) hour workdays. 7he department head, with the concurrence of the Union, may modify the work schedule to co�sist of forty (40) hours of work scheduled on four (4j consecutive ten (10) hour workdays. The hours worked in a day shall be consecutive excluding any unpaid lunch period scheduled during the employee's assigned workday. The unpaid lunch period may not exceed one (1) hour in length. n LJ 7.2 Call-In Pav: When an employee is called to work, the employee shall receive two (2) hours of pay at the employee's normai hourly pay rate if the employee reports to work as called and is then not put to work. If the employee is called to wock and commences work, the empfoyee shal4 be guaranteed four (4) hours of pay at the employee's normal hourly pay rate. These provisions, however, shali not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary employees nor to any person whose regularly-scheduled workday is less than four (4) hours per day. 7.3 r 'm : Work work schedule c considered overti department head. times the employE four (4) consecul work in excess of performed in excess of forty (40) hours of work in a normal � eight (8) hours of work in a normal workday will be ne. Overtime work shall be done only by order of the Overtime shall be paid at the rate of one and one-haff (1-1/2) e's current hourly pay rate. Employees assigned to work on ve ten (10) hour workdays shall receive overtime pay for ten (10) hours in the workday. The overtime compensa6on due the employee shall be paid at the rate herein cited, or by granting compensatory time on a time and one-half basis if mutually agreed to by the District and the emp�oyee. • 13 ARTICLE 7. HOURS AND PREMIUM PAY (continue�: 7.4 Premium Pav for Shift Differentia�. Effective through March 3. 1995: To any employee who works on a regutarly-assigned shift beginning eadier than 6 a.m. w ending later than 6 p.m., provided ihaY at least five (5j hours of the shift are worked between the hours of 6 p.m. and 6 a.en., there shall be paid a night differential for the entire shift. To any employee who works ort a regularly- assigned shift beginning earlier thart 6 a.m. or endinq later fhan 6 p.m., but less than frve (5) hours of the shift are worked between the hours of 6 p.m. and 6 a,m., there shall be paid a night differential for the hours worked between the hours of 6 p.m. and 6 a.m. 7.4.1 The night differentiaf shall be 5�0 of ffie base rate, and shalt be paid only for tfiose night shifts actuaily worked. 7.4.2 An empbyee who works on a regularly-assigned shift in which six (6) or more hours of the shift are worked between 40:00 p.m_ and 6:00 a.m., shall be paid an additional two percent (2%} above the five percent (5%} night differentiai [totaf seven percent (7%) premium] for the entire shift. • 7.5 Premium Pay�or Shift Differential. Effective March 4. 1995: Any employee who works on a regularly-assigned shift which begins after 1:00 p.m., shaii be paid a shift differential for the entire shift. The shift differential shall be five percent (5%) of the base rate, and shall be paid only for ffiose late shifts actually worked. . 7.6 �peciat Dutv Pav: Employees assigned to work in the special duty category of custodial worker shall be paid at ninety percent (90%) of the rate paid for positions in the Custodian' job ciass. 7.7 tonaevip� Pav: Employees who have completed twenty (20) full-time equivalent years of service with the Employer shall receive an additional $.15 (15¢) per hour above the normal hoerly rate of pay. � i4 95 r ���� � ARTICLE 8. LEAVES OF ABSENCE 8.1 Leave of Absence: After three (3) months of employment, an empioyee may make appiication for a leave of absence without pay or empbyer-paid benefits not to exceed one (1) year. Requests for leave of absence shall be submitted to the Human Resource Departrnent for consideration not less than sixty (60) days prior to the requested date of the leave. Granting of such leaves will be subject to the operational needs and approvai of the Employer. 8.2 Sick Leave: Sick leave shall accumulate for regularly appointed employees at the rate of .0576 of a working hour for each full hour on ihe payroll, excluding overtime. In no case shall sick leave with pay be granted in anticipation of any future accumulation. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must call his/her supervisor to report the iliness as described in 8.5 of this article. 8.3 Usina Sick Leave Credits: Any employee who has accumulated sick leave credits as provided above shall be granted leave witli pay for such time as the appointing supervisor deems necessary for any of the following reasons: 8.3.1 Sickness or injury of the employee. 8.3.2 Death of the employee's mother, father, spouse, child, brother, sister, mother-in-law, father-in-law, or other person who is a member of � the household. 8.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the supervisor in the event of death of the employee's brother-in-law, sister-in-Iaw, stepparent, stepchiid, stepbrother, or stepsister. 8.4 Employees may be granted sick leave for such time as is actually necessary for the foilowing: 8.4.1 8.4.2 � Office visits to physicians, dentists, or other health care perso�nel. in the case of sudden sickness or disability of a household member, up to four (4) hours for any one instance. 8.5 Requesting Sick Leave: No sick leave shall be granted for the above reasons unless the employee reports to his/her supervisor the necessity for the absence no later than one (1) hour before his/her regular scheduled starting time. For an employee whose shift begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by 10:00 A.M. The employee must call his/her supervisor on each day of the illness by the times specified, unless the requirement to call in is waived by the supervisor after verification of extended iliness. Sick leave wili not be granted to any employee who does not properly report the necessity for the absence, unless he/she can show to the satisfaction of the supervisor that the failure to report was excusable. Employees will be required to provide medical verification of the iliness at the discretion of the supervisor. 15 ARTICLE 8. LEAVES OF ABSENCE (continuecn: 8.5 R�guesUngSick Leave (continuedj: 8.5.1 Sick Leave - Medical Verification: Employees will be required to provide medical verification of tfte iliness at the discretion of the supervisor, and especiaily noting the following circumstances: (1 ) An empbyee who used more than ten (tU) sick days per year is likely to be required to provide medical certifica6ort of iliness. ( 2) Absences which reflect a pattern are likely to result in a medical certification requirement. Examples: ( a) Frequent absences on Fridays and Mondays. ( b) Absences precedingffollowing recognized holidays. ( 3) Reasonable cause to suspect ffiat sick leave is being requested inappropriately is likely to result in certification requirement. � After the end of every school year, there will be a review of ihe medicai certification requirement for atf affected emp►oyees uniess the requirement has been in place less than nine (9) months. This review • may or may not result in a change of the medical certification requirement. 8.6 Sick Child Care: An employee who has worked for the District for at least twelve (12) consecutive months for an average of twenty (20) or more hours per week prior to the teave request may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to M.S.191.9413 artd shall remain available so long as provided in statute. 8.6.1 Effective March 1. 1995: Up to three (3) days of accumulated sick leave may be used in a contract year to aliow the employee to provide necessary care for the serious or critical iilness of a spouse, or dependent parent. These days when used are deductible from sick teave, and verificaGon of illness may be required. 8.6.2 Family_Medical Leave: Leaves of absence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so tong as it remains io force. The Human Resource Departrnent provides procedures. � 1 fx 95'625� • ARTICLE S. LEAVES OF ABSENCE (continue�: 8.7 An employee shall be paid under the provisions of this paragraph only for the number of days or hours for which he/she would normally have been paid if he/she had not been on sick leave. 8.8 No employee shali be granted sick leave with pay for Veatment of chemical dependency more than twice. 8.9 Sick Leave Conversion: Sick leave accumulated in excess of 1,440 hours may be converted to paid vacation time at a ratio of rivo (2) hours of sick leave time � for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] hours) in any year. 8.9.1 There shall be no conversion of unused sick leave in any amount at any Gme to any cash payment other than the above-described conversion to vacation time. 8.10 MaterniryiParentaf Leave: Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an employee's pregnancy, the employee may appiy for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. Parental leave shail be granted to employees for the � birth or adoption of a child in accordance with applicable state and federal laws. � 17 ARTICLE 9. MILITARY LEAVE OF ABSENCE 9. t Pav Allowance: Any empbyee who shall be a member of the National Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or cons6tuted under state or federal law, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entiUed to leave of absence from employment without Ioss of pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training w active service ordered or authorized by proper authority pursuant to law, whether for state or federal_purposes, provided that such leave shail not exceed a total of fifteen (15) days in any calendar year and, further, provided that such leave shall be allowed only in case the required military or naval service is satisfactorily performed, which shall be presumed uniess the contrary is established. Such leave shall not be albwed unless the empbyee: (1) returns to his✓her position immediately upon being relieved from such military or naval service and not later than ihe expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyand the time herein limited for such leave. r 1 L J 9.2 Leave without Pav: Any employee who engages in active service in time of war or other emergency declared by proper authoriiy of any of the military or naval • forces of the state or of the United States for which leave is not othervvise allowed by law shali be entiUed to leave of absence from empbyment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 9.3 Such leaves of absence as are granted under Article 9 shall conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statute. ARTICLE 10. COURT DUTY 10.1 Any employee who is required to appear in court as a juror or witness shaif be paid his/her regular pay while so engaged, provided, however, that the employee is not appearing as a witness in litiga6on undertaken by the employee or the Union against the District; further, any fees that the empioyee may receive from the court for such service shall be paid to the Employer and be deposited with the District Office of Business and Fnance. Any employee who is scheduled to work a shift other than the normal daytime shift, shali be rescheduled to work the normal daytime shift during such time as tha employee is required to appear in court as a juror or witness. � 18 95 � • ARTtCLE 71. SEVERANCE PAY 11.1 The Employer shall provide a severance pay program as set forth in this article. 11.2 To be eligible for the severance pay program, an employee must meet the foliowing requirements: 11.2.1 The empioyee must be fifty-eight (58) years of age or older or must be eligible for pension under the "Rule of 85" or the "Rule of 90" provisions of the Public Employees Retirement Association (PERA). The "Rule of 85° or the "Rule of 90" criteria shall also apply to empioyees covered by a pubiic pension plan other than PERA. 11.2.2 The empioyee must be voluntarily separated ftom Schooi 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 disciplinary reason are not eligible for this severance pay program. 11.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unclassified Civil Service at the time of separation. For the purpose of this article, employment in either the City of Saint Paul or in Independent School District No. 625 may be used in meeting this ten (10)-year service requirement. i 11.2.4 The employee must file a waiver of re-empioyment ! Human Resources, which will clearly indicate severance pay, the employee waives all claims re-employment (of any type) with the City of Independent School District No. 625 with the Director of that by requesting to reinstatement or Saint Paul or with 112.5 The employee must have acc�mulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 11.3 If an empioyee requests severance pay and if the employee meets the eligibility requirements set forth above, he or she will be granted severance pay in an amount equai to one-ha{f (1!2) of tfie daily sate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of $7,500. 11.4 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 11.5 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. � 19 ARTICLE 11. SEVERANCE PAY (c�ntinuec�: 11.6 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 11.7 This severance pay program shall be subject to and governed by the provisions of the origi�al School District Severance Pay Plan (which albws $4,000 maximum payment) except in those cases where the specific provisions of this articie conflict with said Severance Pay Plan and in such cases, the provisions of this articie shall control. 11.8 The provisions of this ardcle shall be effective as of January 1, 1984. 11.9 Any employee hired prior to December 31, 1983, may, in any event, and upon mee6ng the qualifications of this article or the original School DisVict Basic Severance Pay Plan (which allows $4,000 mauimum payment), draw severance pay. However, an election by the employee to draw severance pay under either this article or the basic School District Severance Pay Plan shail constitute a bar to receiving severance pay from the other. Any empbyee hired after December 31, 1983, shall be entided only to the benefits of this article upon meeting the qualifications herein. ARTICLE 12. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the folbwing plan: PLAN °A". effective with the adoption of this agreement, is reimbursed at the rate of 28¢ per mile. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the empbyee and the employee's supervisor. Anolher consideration for establishing the max7mum amouni can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. ARTIGLE 13. SUPERVISORY ASSIGNMENT 13.1 An engineer who is assigned to supervise other employees will be at least one tiUe higher in the series than the empioyees he/she supervises. C� � � � 9�-625� � ARTICLE 14. WORKING OUT OF CLASSIFlCATION 14.1 For purpases of this article, an out-of-class assignment is defined as an assignment of an employee to perform, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. 14.1.1 The Employer shall avoid, whenever possible, working an employee on an out-of-cfass assignment for a protonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shail receive the rate of pay for tlie out-of-class assignment in a higher classification beginning on the sixteen (16th) consecutive working day of such assignment. The rate of pay for an approved out-of-class assignment shall be the same rate the employee would receive if such empioyee received a regular appointment to the higher classificaGon. 14.1.2 When an employee is assigned to fill in and cover the duties of a higher classification for a period of time which does not exceed fifteen (15) consecutive working days, the employee shall be considered a short-term crew Ieader and shall be eligible for premium pay under these stated conditions: • a) Short-term crew leader is defined as the assignment of an employee to cover the significant duties and responsibilities of a higher classification than the employee's own classification for at least one (1) full workday, and not more than fifteen (15) consecutive workdays. b) The premium pay shall be applicable only on student contact school days as shown on the District school year calendar, in facilities where students are present. Summer school days are included oniy i� facilities where officially scheduled and designated summer school programs are occurring. c) The premium pay shall be applicable only for full workdays of such assignment, not for a partial day. d) When an employee reaches the sixteenth (16th) consecutive working day of short-term crew leader assignment, the premium pay shall no longer be applied arid the employee shall be shifted to out-of-ciass assignment and paid under 14.1.1 above. There shall be no retroactive pay adjustment or out-of-classification payment beyond the stated crew leader premium. � � AHTICLE 14. WORKING OUT OF CLASSIFICATION (continuecn: e) Premium pay rates for the added responsibility of tl�e short-term crew �eader assignment are stated in a cenis-per-hour formula above the employee's regular hourly rate as folbws: Premium Identification CL-A Assignment Descri tp ion Assigned to cover dut+es one (1) class higher Assigned to cover duties two (2) classes higher Assigned to cover duties three (3) classes higher Assigned to cover duties four (4) classes higher =u � �n• � � �- . CL-B CL-C CL-D $.30 per hour $.40 per hour $.50 per hour � • • 22 95 i ARTICLE 15. DISCIPLINE 15.1 The Employer wili discip�ine employees for just cause only. Discipline wiil be in the form of: 15.1.1 Oral reprimand; 15.1.2 Written reprimand; 15.1.3 Suspension; 15.1.4 Reduction; 15.1.5 Discfiarge. � 15.2 A notice in writing of Suspensions, Reductions, and Discharges shali be sent to the empioyee and the Union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 15.4 Employees may examine ali information in their Employer personnel file that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges wili be preceded by a five (5)-day preliminary suspension without pay. During said period, the Employee and/or Union may request and shall he entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5)-day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 15.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 15.7 Employees who are suspended, demoted or discharged shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 19 (Grievance Procedure); as an alternative option, such employee can request a review, consistent with M.S.179A.20, Subd. 4. Once an employee, or the Union acting in tfie empbyee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall be subject to the grieva�ce review procedures through Step 3 only. An employee who elects the contractual grievance procedure as the forum for review of a disciplinary action has not thereby waived any rights secured to him/her under M.S. 197.46, other than the choice of forum for review. � 23 ARTICLE 16. INSURANCE 1 S.1 The Employer will continue for ffie period of this agreement to provide for empbyees such health and life insurance premium contributions as are provided by the Employer at the time of execution of this agreement. 16.1.1 The parties agree that the Employer mav (but is not required to) initiate a reopener for 1995-96 for the sole purpose of addressing retiree health insurance provisions and severance pay provisions. 16.2 The Employer will for the period of this agreement provide for fuli_time empbyees who retire after the time of execution of this agreement and until such employees reach sixty-five (65) years of age such health insurance premium contributions and life insurance premium conVibutions for $10,000 basic coverage as are provided by the Employer for ac6ve employees under this agreement. This subdivision shati not apply to the addi6onal tife insurance contributions in 16.13.1, 16.13.2 w 16.13.3. 16,3 The Employer wilt for the period of this agreement provide for half-time employees who retire afte� ihe time ot execu�on of this agreement and unti! such employees reach sixty-five (65) years of age fifty percent (50%) of such heaith insurance contributions and I'rfe insurance contributions as are provided by the Empbyer for full-time employees who retire under this agreement. This subdivision shail not apply to the additional life insurance contributions in 16.13.1, 16.13.2 or 16.13.3. 16.3.1 Notwithstanding Article 16,3, eligible employees covered by this agreement and employed half-time psior to January 1, 1978, and continuously empbyed since such hir�ng, who retire after the execufion of tfiis agreement, sMall receive the same health insurance contributions as would a full-time employee who retires under this agreement, until they reach sixty-five (65) years of age. This Article 16.3.1 applies only to eligible employees who were employed prior to Ja�uary 1, 1978, and are employed half-time at the time of retirement. Tfie conditions of Article 16.4 must be met by any such employee. Any haif-time employee appointed after January 1, 1978, shall be subject to the provision of Article 16.3. 16.4 Employees who retire after execution of this agreement must meet the foliowing conditions at the time of retirement to be eligible for the Employer's contributions to heaith insurance set forth in Articles 162 and 16.3: 16.4.1 Be receiving benefits from a public employee retirement act at the time of retirement A� 16.4.2 Have severed the employment relationship with the Gity of Saint Paul and Independent School Distr�ct No. 625 under one of the early retiree plans. � i • 24 95 � ARTICLE 16. INSURANCE (continued): 16.5 Effective January 1. 1987. in addition to meeting the eligibility requirements stated in 16.4.1 and 16.4.2 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 162 and 16.3: 16.5.1 Must be at least fifty-eight (58) years of age and have completed twenty-five (25) years of employment with Independent School District No. 625/City of Saint Paul �@ The combination of their age and their years of service must equal eighty-five (85) or more � Must have compieted at least thirty (30) years of service. This Article 16.5 shall not apply to any employee who was hired as a regular employee prior to January 1, 1978, and who has been employed continuously since such hiring. However, the conditions of Article 16.4 must be met by any such employee. � 16.6 Effective January 1. 1987, full-time employees who retire and who meet the conditions set forth in 16.4.1 and 16.42 but who meet none of the conditions set forth in 16.5.1, shall be eligible for the following percentages of the amount conUibuted by tfie Employer toward heafth insurance for active employees in the same health plan. Such retirees shall be eligible for such contribution until they reach sixty-five (65) years of age. Combination of Age and Years of Service 84 83 82 81 80 Contribution for Sinqle Coveraae 90% 80% 70% 60% 50% Contribution for Family Coveraae 90% 80% 70% 60% 50% This Article 16.6 shall not apply to any employee who was hired as a regular employee prior to January 1, 19�8 and who has been employed continuously � since such hiring. However, the conditions of Article 16.4 must be met by any such employee. 16.7 A retiree may not carry his/her spouse as a dependent if such spouse is aiso a City/Independent School District No. 625 retiree or City/Independent Schooi District No. 625 employee and eligibie for and is enrolled in the City/Independent School District No. 625 health insurance program. A retiree may not add new dependents following retirement, except that dependents who wouid have othervvise bee� eligibie as a dependent at the time of retirement may be added. It wiil be the responsibility of the retiree to provide � evidence that the dependent to be added would have been an eligible dependent at the iime of retirement. 25 ARTICLE 16. INSURANCE (continued): 16.8 For each sligible employee covered by tbis agreement who is employed full-time and who selects employee insurance coverage, the Empbyer agrees to contribute the cost of such coverage or $160 per month, whichever is less. For each 1ull=tiln@ employee who selects family coverage, the Employer will contribute the cost of such family coverage or $275 per month, whichever is less. 76.8.1 EffecSve January 1, 1995, for each eligibte empbyee oovered by this agreement who is employed fu11_time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $175 per month, whichever is less. For each fuil_time employee who selects family coverage, the Empbyer will contrbute the cost of such family coverage or $295 per month, whichever is less. i6.8.2 Effective July 1, 1996: Any premium increase which may be negotiated for the 1996-97 contract year will be made effective at July 1, 1996. C J 16.9 For the purpose of this Article 16, full-time employment is defined as appearing � on the payroil at least thirty-two (32) hours per week or at least siuty-four (64) hours per pay period, excluding overtime hours. 16.10 For each eligible empbyee covered by this agreement who is employed haif-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage in the same insurance plan. For each half_tima employea who selecis tamily insurartce coverage, the Employer will contribute fifty percent (50%) of the amount contributed for fuii-time employees selecting family coverage in the same insurance plan. 16.11 Notwithstanding Article 16.10, eligible employees covered by this agreement and employed half_time prior to May 1, 1986, shall receive the same insurance contributions as a full-time employee. This Article 16.11 applies only to eligible employees who were employed half-time during the month of April 1986, and shall continue to apply only as long as such empbyee remains continuously employed half_time. 16.12 For the purpose of this Article 16, half-time employment is defined as appearing on the payroll at least hventy (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period, excluding overtime hours. • 26 q5-625� • ARTICLE 16. INSURANCE (continued): 16.13 For each eligible active empioyee, the Employer agrees to contribute the cost of $10,000 of basic life insurance coverage. 16.13.1 For each eligible active employee, the Empbyer agrees to contribute to the cost of $20,000 life insurance coverage in addition to the coverage provided in 16.13; this brings the total life insurance coverage to $30,000 for eligibie active empioyees. The total premium contribution by the Employer for all active employee life insurance coverage shall not exceed $9 per month. 16.13.2 Effective February 1, 1995, for each eligibie active employee, the Employer agrees to contribute to the cost of $10,000 life insurance coverage in addition to the coverage provided in 16.13 and 16.13.1; this brings the total life insurance coverage to $40,000 for eligible active employees. The total premium contribution by the Empbyer for ali active employee life insurance coverage shall not exceed $9 per month. 16.13.3 Effective January 1, 1996, for each eligible active employee, the Employer agrees to contribute to the cost of $10,000 life insurance coverage in addition to the coverages provided in 16.13, 16.13.1 and 16.13.2; this brings the total life insurance coverage to $50,000 for eligible active employees. The total premium contribution by the � Employer for all active employee life insurance coverage shall not exceed $11.10 per month. 16.14 The contributions indicated in this article shall be paid to the Employer's Group Health and Welfare Plan. 16.15 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 16 shall be paid by the empbyee. 16.16 it is the intent of the Employer to maintain during the term of this agreement a plan fot medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer-paid premium co�tribution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. �� 27 ARTICLE 17. HOLIDAYS •i� �'.? i=«���1 =_li� �i�c=• =.� ����'• - •= r• - •• af . �".� • �L. IVew Year's Day Martin Luther Ki�g, Jr. Day Presidents' Day Memorial Day 4ndepencience Day Labor Day Columbus [3ay Veterans' Day Thanksgiving Day Christrnas Qay Two fbating holidays. Eligible empCoyees shafl receive pay for each of the holidays listed above, on which they perform no work. Whenevev any of the hoGdays listed above shal! fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of tf�e holidays listed above shalf fali on Sunday, the succeeciing Monday shall be observed as fhe hdiday. � For tl�ose empbyees assigr�ed to a wak week other fhan Monday through Friday the following lang�tage shatf apply. Whe�ever any of tf►e Fw{'idays listed above fati on the first day of an empbyee's two (2} conseeutive days otf folbwing that � employee's normal work week, the last day of the empbyee's normal work week preceding the holiday will be observed as the holiday. Wflenever any of the holidays listed above fall on the secwnd day of the employee's two (2) consecutive days off foilowing tE►at emploqee's normal work week, tBe first day of the employee's normal work week folfowing the holiday will be observed as the holiday. 17.2 The floating hofidays set forfh in Section i7.i above may be taken at any time during fhe calendar year, subject to the approval of the department head of any empioyee. 17.3 Eliqibili ReQuirements: ln order to [se eiigibfe for a hoGday with pay, an emptoyee's name must appear on ffie payroff on any six (6} working days of the nine (9) working days prec�ng the hdiday or an empbyee's name must appear on the payroll the fast working day before ihe hot'rciay and on three (3) other workirsg days of the nine �3) working days precading ikra holiday. In neifher case shafl the holiday be counted as a working day for tF�e purposes of this section. It fs further understood that other empioyees not otherwise eligible shali not receive holiday pay. � 28 95 � J ARTICLE 17. HOLIDAYS (continue�: 17.4 If an employee entitted to a holiday is required to work on Mart'sn Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as is reasonable; the specific date shall be determined by agreement between the employee and the operations coordinator, subject to approvai of the department head; m He/she shall be paid on a straight-time basis for such hours worked, in addition to his/her regular holiday pay. If an employee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, helshe shatl be recompensed for work done on this day by being granted compensatory time on a time-andone-half basis or by being paid on a time- and-one-half basis or such hours worked, in addition to the regular holiday pay. � �� 17.5 Notwithstanding Article 17.3, effective January 1, 1991, a temporary empioyee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seve� (6� consecutive workdays. Temporary employees shail not be eligible for any floating holidays, except for an Eutended Service Temporary employee as provided in Articie 4.3.3.3. 29 ARTICIE 18. VACATION 18.1 Vacation credits shall axumulate at the rates shown bebw for each full hour on the payroll, excluding overtime. _>_� •_ °� tst year through 4th year 5th year through 9th year 10Yh yearthrough 15th year 16th year through 23rd year 24th year and thereafter . . --_." „' 0385 0577 0654 0808 1000 18.1.2 Eligibility for vacation accrual formula is granted prospectively based on conUnuous time worked in the tiUe, for those regular employees appointed to the Facility Services Worker title on October 17, 1994, who had more than two (2) years continuous service with the District in temporary status pursuant to Ardcle 4.3.3. There is no retroactive vacation credit Vacation is eamed at this rate effective at the beginning of the first full pay period after Board of Educatioh adoptioh of this agreement 18.2 Effective December 1, 1993, the head of the department may permit an empioyee to carry over into the next "vacation year" up to one hundred twenty (120) hours of vacation. Effective July 1, 1995, the head of the department may permit an empioyee to carry over into the next "calendar" year up to one hundred tweniy (120} hours of vacation. 18.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subd. H. 18.4 Sick Leave Conversion; Sick leave accumulated in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a mauimum of five (5} regularly-assigned workdays (not to exceed a total of forty [40] hours) in any year. 18.4.1 There shall be no conversion of unused sick leave in any amount at any Ume to any cash payment other than the aboveilescribed conversion to vacation time. �� � � 30 95 � � ARTICLE 19. UNIFORMS 19.1 Employees in this bargaining unit are required to wear uniforms when on duty. Uniforms wiil be supplied as foilows: The District will initially provide each employee (or newly appointed employee) with five (5) shirts or five (5) smocks. Each year thereafter, the District will provide employees with three (3) additional shirts or three (3) smocks. Employees who have voiuntarily requested and received the initial five (5) shirts or five (5) smocks prior to implementation of this provision witl be considered already initially supplied. 19.2 Uniform shirts will be worn at ail times when school is in session including summer school, and/or whenever the schooi building or site is scheduled through usual procedures for use by the pubfic. During school vacation periods the uniform shirt will be optional. However, for employees who choose to not wear the uniform shirt during school vacation periods, the standard dress rules are in effect. Uniform shirts are to be worn only while at work, and en route. The empfoyee is not to wear the uniform shirt during personal events and activities, work outside the School District, or incidental stops at places seliing on-sale liquor, or other such places not consistent with the image of the School District. 19.3 Each employee is responsible for tau�dering, pressi�g, and making minor repai�s, such as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair during fhe course of duty, it wiil be replaced at no cost to � the employee when the damaged shirt is returned to the Distric4. Normal wear will not be considered for repiacement except through the annual cycle. The District will attempt to provide the replacement shirts at the beginning of each schooi year. 19.4 Safe Shoes: The District agrees to pay thitly dollars ($30) per year taward the cast of safety shoes required by fhe Employer and purchased by an employee who is a member of this unit, under the following conditions: 19.4.t The DisVict shali contribute toward the cost of one (1) pair of shoes per contract year and shall not be responsible for any additional cost of any additional shces hereafter. 19.4.2 This reimbursement of thirty dollars ($30) shall be made only after verification of expenditure and approval by the Department head or designated supervisor of the employee. 19.4.3 This thirty dollars ($30) Employer contribution shali apply only to those employees who are required to wear protective shoes w boots by the Employer, and the contribution shall not excesd the actual cost of such shoes or boots. � 31 ARTICLE 20. GRtEVANCE PROCEdURE 20.1 The Employer shail recognize Stewards seleeted in accordance with Union rufes and regutations as ffie grievance representative of the bargaining �nit. The Einion sha� notify the Employer in writing of fha names of the stewards and of their su�cessors when so named. 20.2 It is recognized and accepted by the Emptoyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibiiFties of the empfoyees and shall therefore be accomplished during working hours only when consistent witfi such employse duties and resporisibitifies. The steward involved and a gr'reving employee shall suffer no foss of pay wheR a grievance is processed during working hours provided the steward and the empioyee have notified and received ffie approval of their supervisor to be absent to process a grievance and that such absence woufd not be detrimental to tfie work programs of the Employer. 20.3 The procedure estabiished by fhis article sfiaft be the sole and exciusive procedure, except for the appea! ot discipiirtary action as provided by ,4rticte 7, for the processing of grievanees, which are defined as an afleged violation of the terms and condftions of this agreement. A grievance shalf be resolved in sonformance with the foliowing procedure: L� Step t: Upon the occurrence of an ai{eged viofation of this agreement, the employee involved shali attempt to resoNe the matter on an informa4 basis with the emptoyee's supervisor. If the maSter is not resoFved to fhe empioyee's satisfaction by the informal discussion, it may be reduced to writing and referred � to Step 2 by the Union. The wriften grievance shatl set forEh tfie nature af t(te grievartce, the facts ort which ft is based, the atleged secGon(s) of the Agreement violated, and the relief requested. Any alleged viotation of the Agreement not reduced to writing by the Union within fourteen (14j calendar days of the first occurrence of the event giving rise to the grievance sfiali be considered waived. At this step onty, an e�ension ot seven (7j additional cafendar days shall be grantad automatically if requested by the Business Representative or steward. Ste° 2: Within fourteen (t4) calendar days after receiving the written grievance, a designated Employer supervisor sf�ali meet wiffi the Union steward and atfempt to resofve the grievance. If, as a result of this meeting, the grievance rerriains unresolved, the Employer shall reply in wri4ing to the Union within fourteen (14) calendar days following this meetiRg. The Union may refer tfie grievance in writing to Step 3 within fourteen (14) cafendar days folfowirtg receipt of fhe Employer's written answer. Any grievance nof referred in writing by the Union within fourteen (1d) cafertdar days foflowing receipt of the Employers answer shall be considered waived. Step 3: �thin fourteen (14) calendar days following receipt of a grievance referred from Step 2, a dasignated Employer supervisor shall meet with the Union Business Manager or designated representative and attempt to resoive the grievance. Within fourteen (14) calendar days foflowing this meeting, the Employer shall reply in writing to the Union stating the Employer's answer conceming the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievaoce not referred in writing by the Union to Step 4 within foarteen (14) eaFendar � days foliowing receipt of the Employer's answer shatf tie considered waived. 32 R5�6 � ARTICLE 20. GRIEVANCE PROCEDURE (continued): Steo 4. If the grievance remains unresolved, the Union may within fourteen (14) calendar days after the response of the Employer in Step 3 by written notice to the Empfoyer, request arbilration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the U�ion within fourteen (14) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said fourteen (14)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shali have the right to strike two (2) names from the panei. The Union shall strike the first (1st) name; the Employer shali then strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 20.4 The arbitrator shali 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 decisio�s contrary tb or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the par4ies agree to an extension. The decision shall be based solety 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 finai and binding on the Employer, the Union, and the employees. 20.5 The fees and expenses for the arbitrator's services and proceedings shali be borne equally by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 20.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 20.7 It is understood by the Union and the Emptoyer that if an issue is resotved at any step by this grievance procedure, that issue shall not again be submitted for review under the provisions of the Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and resolved at any step by the grievance procedure under the Civit Service Rules and Regulations, It shall not be submitted for review and arbitration under procedures set forth in this article. � 33 ARTICIE 21. WAGE SCHEDULE 21.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Union and fhe Employer agree that there shall be no strikes, work stoppages, slowdowns, sit-down, stay-in or otber concerted interference with the Employer's business or affairs by said Unions and/or the members thereof, and there shall be no bannering during the existence of this agreement without first using ail possible means of peaceful settlement of any controversy which may arise. ARTICLE 23. NONDISCRIMINATION 23. t The terms a�d conditions of this agreement will be applied to employees equaliy without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a no�discriminatory manner as such duties and responsibilities involve other employees a�d the general public. � 1 � • � 34 . �� . ARTICLE 24 TERMS OF AGREEMEh1T g5-625� 24.1 �omolete Aqreement and Waiver of Barqainina: This agreement shall represent the compiete Agreement between the Union and the Employer The parties acknowledge that during the negotiations which resulted in this agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not ramoved by law from the area of collective bargaining, and that the complete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this agreement. Therefore, the Employer and the Union, for 4he life of this agreement, eacfi vofuntarity and unqualifiadfy waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered i� this agreement 24.2 _ avinp !a �: This agreement is subject to tfie taws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this agreement shall hold to be contrary to law by a court of competent jurisdiction from whose finai judgment or decree no appeal has been taken within the time provided, such provision shall be voided. Ali other provisions shall continue in full force and effect. 24.3 Terms of Aareement: Except as herein provided, this agreement shall be effective as ot July 1, 1994, and shall continue in full force and effect through the 30th day of June 1996, and shall be automatically renewed from year to year thereafter unless either party shall notify the other i� writing at least sixty (60j days before the 4e�mination of this agrsement that it desires to modify or terminate this agreement. in wit�ess ther of, the parties have caused this agreement to be executed this �� %day of , 19 `1 S. 24.4 This constitutes a tentative Agreement be een the parti s which wilt be recommended by the District Negotiations and Labor Relations Manager, but is subject to the approvai of the Board of Education, and is also subject to ratification by the Union. WfTNESSES: oc Dete 35 �` � — �/ Date APPENDIX A- WAGES 198 4-9 5 The hourty wage rates and salary ranges for classifications in this unit are effective July 1, 1994 as follows: 11118 Custodian-Engineer f--Board of Education Custodian-Engineer il—Board of EducaCron Cusiodian-Enginesr ffl—Board of Education Custodian-Engineer IV—Board of Education Custodian-Engineer V--Board of Educa6on Probationary E� Facitity Services Worker $5.64 Custodian' .�..� . �_� Probationary S� $74.88 15.19 15.59 16.11 16.69 Base � $10.19 Probationary B�i@ $13.04 Probationary $,�,g ARer After After After S� g�g 1Y�[ 2.)L� �ll� `� Years Base B� $15.52 t 6.86 16.46 16.98 17.52 After L,year $1oJt Base S�ta ��a.oa After After 10 15 Y� Y�rs $9.00 $9.29 $9.58 $9.89 $10.23 $10.57 $10.77 Trainee (Gustodian-Engineer} Entrv 6 Months $7.98 $9.25 t Year $10.51 $11.02 16 Months $71.78 Personrtei hired for emptoyment with the District after the date of the signing of this aqreement, to a class of positions listed in Appendix A above, shall be compensated at the "Prdbationary Rate" hourly wage rate during their probationary period. After compfetion af the probatianary period, the employee shall be paid at the "Base Rate" hourly rate. Emptoyees promoted from any of the positions listed in Appendix A above to any other posrtion listed shall receive the "Base Rate" hourly wage rate, notwitlisTandirtg that the empbyee must complete a promotionai probation perrod. Thosa regular empioyees appointed to the Facility Services Worker title on October 17, t994, who had more fhart two (2) years continuous service with the District in temparary status pursuant to Article 4.3.3 shafl be placed at the °After One Year" pay rate eifective at the beginning of the first fuli pay period after Board of Education adoption of this agreemenf. Temporary empfoyees shalt be paid the minimum rate indicated in this appendix for the ctassification in wFiich they are empioyed. 'Abatished except as to prese�t incumbents. A1 C� � � 95 �� � � � APPENDIX A- WAGES 19 9 5-9 6 The hourly wage rates and salary ranges for classificatrons in this unit are effective July 8, 1995 as follows: Title Custodian-Engineer I—Board of Education Custodian-Engineer II--Board of Education Custodian-Engineer III--Board of Education Custodian-Engineer IV--Board of Education Custodian-Engineer V--Board of Education Facility Services Worker Custodian' ... <� .� � � • ... . ::- - Trainee (Custodian-Engineer) Probationary H�ffi �S� $9.81 Probationary S�SS $15.14 15.46 7 5.86 16.39 16.98 Base � $10.37 Probationary � $13.27 Base � $15.79 16.34 16.75 17.28 17.83 After Lyear $�o.so Base � $14.29 After After After After After After 10 15 t Year 2 Years ,� Years 5 Yeag YS�1& Years $9.75 $10.06 $10.41 $10.75 $10.96 $11.21 Entrv 6 Months 1 Yeer 98 Months $8.12 $9.41 $10.70 $11.98 Personnel hired for employment with the District after the date of the signing of this agreement, to a class of positions listed in Appendix A above, shall be compensated at the "Probationary Rate" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the positions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourly wage rate, notwithstanding that the employee must complete a promotionai probation period. Temporary empbyees shall be paid the minimum rate indicated in this appendix for the classification in which they are employed. 'Abolished except as to present incumbents. A2 95 � � MEMORANDUM OF UNDERSTANDING REGARDING EQUALIZATION OF OVERTIME � 95 MEMORANDUM OF UNDERSTANDING � BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 REGARDING EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVICE This Memorandum ofi Understanding is by and between the Board of Education of Independent School Districi No. 625, and Internationai Union of Operating Engineers Local No. 70, exclusive representative for custodial service employees in the Saint Paul Public Schools. The purpose of this Memorandum of Understanding is to state cleary the intent of the paRies regarding procedures which wili be used to call and/or assign employees in the unit for overtime work during the term of the 1994-96 labor agreement. These procedures shall become effective beginning with the first full month after the Board of Education adoption of the 1994-96 iabor agreement. Renewal, revision, or continuation of this Memorandum of Understanding will occur only if the parties so agree. Absent such agreement, this Memorandum of Understanding terminates June 30, 1996. Section 1: Qualified Employees A qualified person for ail provisions of this policy is a regular full-time custodian or fiacility services worker, or custodian-engineer who hoids the appropriate license for the task, and has demons4tated satisfactory job performa�ce. � 1.1 An employee who has specified physical restrictions which impair his/her ability to perform a par4icular overtime task wili not be assigned the overtime; for purposes of calling order he/she will be considered, however, as having worked that overtime. Section 2: Overtime Within a Building Employees assigned to a particular building will have the first oppor4unity to work overtime in that building. Persons who are interested in working overtime in the building will be required to sign in advance. The employees wili be piaced on a Iist in order of District seniority. When a need for overtime arises, fhe qualified most senior employee on the list will be called first unless the employee has aiready worked overtime in that fiscal year. If the qualified most senior employee has already worked overtime in that fiscal year, the next qualified empioyee on the list will be cailed until all employees in the buiiding have worked overtime. When all employees have worked overtime, the process will be repeated. When an employee is asked to work overtime in the building and refuses, he/she wili be co�sidered as having worked that overtime. if there are no employees in the building who want to work overtime, then the overtime shali be classified as District overtime and disVibuted as described below. 2.1 When an employee is newly assigned to a building, his/her overtime eligibility history for tfiat location wiil be determined by assigning to himlher the average of overtime hours credited to date for all affected employees in that location (average of hours worked andlor refused). 2.2 The over6me history of each employee will be carried over from year � to year in each building for that building. Section 3: District Overtime When there is District overtime work to be done on a planned basis (i.e., it is of a non-emergency nature), regutar empbyees assig�ed as relief staff will have tfie first opportunity to work the overtime. Qual�ed relief staff members will be contacted for the overtime work in seniority order (i.e., most senior first) unless fhe empbyee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, helshe will be considered as havirtg worked that overtime assignment. {f there are not sufficient quatified relief staff employees avaifabte, quafified empbyees iisted as avaitabte for emergency catl out will be calted by the same procedure. Section 4: Mandatory Overtime The Qistrict retains the right to institute mandatory overtime if there are inadequate volunteers to meet Distr�ct needs. The mandatory system requires that the least senior emplayee who has not worked overtime will be required to work first and so forth. Should mandatory overtime become necessary, employees who have voluntarily worked overtirne will be credited with the houcs they have previously worked. Section 5: Emergency Calt Outs This Equalization of Overtime Memorandum does not apply to emergency catl outs requesting that overtime be worked. A qualified empioyee who is willing to accept emergency overtime assignment immediately upon notification may ask to be lisfed as avaifabie. The District will not list an employee for emergency call out if the empbyee has retused overtime work several times, or is noi qualified. The District, in assigning emergency call out, wili do so as equitably as circumstances permi� 5.1 The District wilk periodicaliy provide to the Union a copy of the emergency calf-out list, and a tally of time worked. Section 6: Overtime Resulting from Building/Program Moves Overtime resulting from moving a program or a staff/student population ftom one buiiding/location to another will be treated as building overtime for staff in the focation from which the move originates. If more overtime workers are needed than the originatirtg location can supply, the District overtime procedure will be used to secure additional workers. Section 7: Grievance Process An alleged violation of these procedures can be presented to the Employer by the Union for review under the grievance procedures of the tabor contract through Step 3, as the fina( appeal. Step 3 review is at the level of the Superintendent of Schools, or his designated representative. • � a 95 � � � Duration: This Memorandum of Understanding shall be effective with the first full month after Board of Education approval, and shail expire on June 30, 1996. SCHOOL DISTRICT NO. 625 �� INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL NO. 70 , n / %- L/YY) (/ , l Busin Manager, L o. 70 ��✓.�r � ��� President, Locai No. �70 �� �� V�°/J�c�J ording Secretary, Local No. 70 usmess Representative, Local No. 70 �� �' � � n ,. Chief Steward, Local No. 70 /-/�-9� Date 3 a-�-�� Date 95 MENbRANDUM OF UNDERSTANDING Renewed through June 30, 1995 This Memorandum of Understanding is by and between independent School District No.625, Saint Paul Public Schools ('DistricY) and internationai Union of Operating Engineers Locai #70, exclusive representative for District employees in the custodial service bargaining unit ('Union'}, and is entered into for the sole and exclusive purpose of addressing and resolving questions and issues ot empbyee rights to retain employment in the District in the event that the Saint Paul Technical College is removed by legislative action from the governance of the District during the duration of this memorandum. The terms of this Memorandum of Understanding are exciusive to this specific situation and circumstance and have no applicability or precedential value in any other context, past, present, or future. •-i �-� - • At the date of this memorandum, the Legisiature of the STate of Minnesota has enacted statutory provisions, which, if carried forward unamended, wili remove the Saint Paul Technical College from the governance of the District, during the term of the 1994-96 labor agreement between the parties. The District empVoys, and the Union represents, in the custodial services bargaining unit, a number of employees whose current work assignment is at the Saint Paul Technical College. Other employees in the unit could be assigned to the Saint Paul Technical College for work during the term of this Memorandum of Understanding. While the current legislation appears to provide a transition to State of Minnesota employment for those employees who are assigned to the Saint Paul Technicai College at the time of its intended removal from District governance, the Union represents that there are senior employees now so assigned whose rights to retain District employment can properiy be asserted under the provisions of Article 5, Sections 5.1 through 5.9 of the labor agreement between the parties. The District acknowledges that the current legislation and specificaliy its transitional provisions appear to remove the subject positions, and the incumbent employees of the Saint Paul Technical Coilege from District empioyment at the time of the intended removal of the Saint Paul Technical College from District governance, and that there is a reasonabie argument to be made that this circumstance has significant similarity to a staff reduction in the DistricYs custodial workforce. The parties agree that these circumstances are sufficiently extraordinary that the interpretation of existing contract language may be strained and made difficult or contentious without additional clarification designed to address this situation, and therefore have agreed upon the following: 1�:�,. •. ..� :ti7 _.6.._ Underiyinq Conce�t: The removal of the Saint Paul Technica4 Coliege positions in tfie custodial service is tantamount to layoff of the empioyees in those positions for purposes of determining rights to positions remaining in the District bargaining unit. 95 �� � Time Frame: The exercise of rights under Article 5, 5.1 - 5.9 permitted only within a time period beginning not before and ending not less than 30 calendar days College is to be removed from the jurisdiction of th , as described herein shall be sooner than 60 calendar days before the Saint Paul Technical e District. Proced�res and Conditions Specfic to this Gircumstance: 1) A senior employee at the Saint Paul Techn'ical College must notify the District in writing during the 30 day period defined above of his/her desire to exercise the right to displace a less senior District employee. Failure to so notiTy the District cons6tutes a waiver of any further right to pursue District assignment under the provisions of this memorandum. 2) The senior empbyee at the Saint Paul Technical College shall have the right to displace the least senior District empioyee i� the same classification, psov'iding helshe has greater ctassification seniorily than the employee being displaced. 3) Employees at the Saint Paul Technical Coliege who are least senior in their ciassification in the District, and employees displaced by Saint Paul Technical College employees exercising rights under t) above who are least senior in their classification in the District, will have the right to displace the least senior employee in the next lower classification in which the 'bumping' employee has more seniority than the employee being displaced. For purposes of this Memorandum of Understanding, ciassificatwn seniority is defined as the length of continuous regular and probationary service with the Employer from the date the employee was certified and appointed to a ciass title covered by this agreement, or any higher previously held classification covered by this bargainiag unit. 4) Employees displaced in this process who are unable to bump into a lower ciassification, and for whom no vacant position is available i� their ciassification in the District, shali be assigned to the Saint Paul Technical College if a vacant position is available there in the employee's classification. 5) If an employee is dispiaced from a title in the Custodian-Engineer class series and is eligible to be assigned in Custodian' or Facility Services Worker position, either because of vacancy or by displacement, that empioyee shafl be identified and paid as a Custodian' if he/she was formeriy certified and regularly appointed in the Custodian' Gtle, or as Facility Services Worker if he/she had not been previousiy certified and regulariy appointed to the Custodian' tiUe. 6) No employee in temporary status at the time of implementation of these procedures shall have or accrue any rights herein, regardless of time worked in temporary status. No regularly appointed employee shail be credited with any period of time worked in temporary status in any classi�cation prior to or after his/her regular appoi�tment, regardless of the length of time worked in temporary status. 2 95 The parties agree that the Distr�ct has no other or addftiona4 obiigations with regard to any employees assigned to the Saint Paul Technicai Coilege before or after the implementation of these procedures and the removal of the Saint Paul Technical College from District govemance. The duration of this Memorandum of Understanding shall be from its date of execution to June 30, 1995, unless extended by written agreement of the parties. SCHOOL DISTRICT NO. 625 Manager ���_ `� a-�-a� Date r�w�wnava� uv� oF o�a,anr� ENGIN LOCAL NO� �� �� � Business Manager, L No. 70 � - ��2/!/✓1' ' �G�-!� President, Lxal No. 70 �G7�G� �r� e�''/�'�iF.G/ Recording Secretary, Locai N. 70 mess epresentativ , Local o. 7 �,�� �� ,��<�� � Chief Steward, Local No. 70 /-/D-/ �c� 95 r .. ,.-�.,• . . - �,. This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 625, Saint Paul Pubi'�c Schools, and International Union of Operating Engineers, Local No. 70, exclusive representative for custodiat service empbyees in the Saint Paul Public Schoois. The purpose of this Memorandum is to establish a clear understanding of intent of the parties regarding conditions goveming a premium pay rate for advanced training for certain classifications of employees in this bargairtirtg unit. Statement of intent and Puroose It is the intention of the Employer, during the term of this Memorandum of Understandi�g (through June 30, 1996) to continue a program of speciai trai�ing for employees who occupy the titles: Custodian Engineer il--Board of Education (effecUve July t, 1995) Custodian Engineer I�I--Board of Education Custodian Engineer IV--Board of Education Custodian Engineer V—Board of Education The purpose of the training wiii be to strengthen tfie practical management skilfs of these employees, particulariy with respect to fulfiliing the responsibilities of these particular titles. 4t is the desire and intent ot the Employer that all empbyees who occupy ihese titles, both currently assigned and prospectively, will complete this training at the earliest possible opportunity. The training is designed, prescribed, and provided by the Employer at no cost to the empioyee who has been regularly appointed to a listed title. The training will be taken during the employee's own unpaid time. Effective July t, 1995: Engineers who have already completed premium payment, must participate course of one or two sessions every premium payment. the required training and qualified for in a required retresher/retraining year in order to retain eligibility for The Empfoyer wi{I provide a premium pay factor according to the following formufa for current and future employees in these titles who have satisfactorily completed the prescribed training course, and have delivered to the Office of Plant Planning and Maintenance evidence of such satisfactory compietion. The premium pay shall become effective with the first full pay period after completion of the training, but shall not be paid until the evidence of satisfactory completion has been received by the Empioyer. In no case shall the premium be effective retroactively for more than a three-month period. � � r mium Formula Effective July 1, 1994 through June 30, 1995: Title Custodian Engineer III—Board of Education Gustodian Engineer IV—Board of Education Custodian Engineer V—Board of Education "11 t� -•d " +� i-. 25¢ per hour 55¢ per hour 85¢ per hour Effective July 1, 1995: �� - 1• �• ; - Custodian Engineer I!—Board of Educatio� Custodian Engineer III—Board of Education Custodian Engineer IV—Board of Education Custodian Engineer V—Board of Education 10¢ per hour 30¢ per hour 60¢ per hour 90¢ per hour Fmplovee Newlv A000inted to Titie (effective July 1, 1994 through June 30, 1995) An employee newly appointed to one of these titles after the adoption of this Agreement can be granted partial premium payment at 40% (percent) of the premium amount at such time as he/she has agreed in writing to take the specified Uaining within a two- year period from his/her date of appointment, intending to compiete Part I within the first year in title, Part II no later than the end of the send year from the date of appointment. Crantino of this partiai oremium p�yment shall in no way limit or diminish the riaht of t he Disirict to return the empfovee to hislher eartier �fassification or title d�rin9 the Rrobationarv period. When the empfoyee satistactorily comp4etes Part i and presents the evidence thereof, the partial premium payment wiil be increased to 70% (percent) of the appropriate stated premium. Should the empioyee fail to satisfactorily complete the training within the time periods specified above, the partial premium payment (at either the 40% (percent) or the 70% (percent) levei) will be discontinued and no premium will be paid until such time as the satisfactory compietion has been accomplished. Should ihe empioyee complete Part I and Part il of the training prior to the end of the specified time period, then the full premium shall be paid effective with the first full pay period after completion of both parts of ihe tra+ning. Evidence of satisfactory completion shall have been delivered by the empioyee to the Office of Plant Planning and Maintenance before the fuil premium can be paid, and retroactive adjustment shali not exceed three montfis. � 9�-625� Fmotovee Newiy qppointed to Title (etfective July t, 1995) An employee newiy appointed to one of these titles after the adoption of this Agreement will be granted premium payment as Solbws: If the training course for a newly appointed engir months in length, the engineer wiU receive the ful the first full pay period after satisfactory compleCwn aer is less than six (6) premium effective with of the course. lf the trai�ing course is more than six (6) months in length, the engineer in training will be eligible for fifty percent (50%) premium payment effective with first fuli pay period after satisfactory compietion of one-half (1/2) of the Uaining program. Should the employee fail to satisfactorily complete the training within the time periods established for the course, the partial premium payment wiil be discontinued and no premium will be paid until such time as the satistactory completion has been accompiished. Evidence of satisfactory completion shaii have been delivered by the empfoyee to the Office of Plant Planning and Maintenance before the partial or full premium can be paid, and reVoactive adjustrnent shall not exceed three months. This Memorandum of Understanding shail be effective as of July 1, 1994 and shall expire on June 30, 1996. DISTRICT NO. 625 �J ,� Negq�iationslLabor Relati�in3 Manager I J � Senior Labor Relations lyst ��%' ./ �Y�� INTERNATIONAL UNION OF OPERATING ENGINFE,RS LOCAL NO. 70, Manager, / � � / Chai a of Education �$usiness Represent'afive, Locai No. 70 _ a-�-a� � Date hief Steward, Local No. 70 /� 1d -�� Date