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95-7ORIGI Presented By 1 2 3 4 5 6 Referred To L co�w�aFaen a �5 Green Sheet# OF MINNESOTA ,� Committee: Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1994 - 1995 Agreement between the Independent School District No. 625 and the City of Saint Paul Professional Employees Association, Inc. and the 1994 - 1996 Agreements between the Independent School District No. 625 and the International Brotherhood of Electrical Workers, I.oca1 110 and the United Association of Plumbers, L.ocal 34. Requested by Department ofl AdoptedbyCouncil: Date��_ t����� By: sy: Office of Labor Relations g Z'vv�.�✓V� ��.5] � Fo A ro d by City Attorney By. � Approved by Mayor for Su mission to Council sy� � �' � 95-�' N_ 27859 GREEN SHEET 7 �DEPARTMENTDIRECTOR �qTYCOUNGI — FOp �CRVATTORNEY TC �'��'j,D�q4 OCRYCLEiiK _ —K BUDGETOIflECTOR O FIN. & MGL SERVICES . MAYOF (OR ASSISTAtJn � _ TOTAL # OF SIGNATURE PAGES 1 (CLIP ALL LOCATIONS POR SIGNATURE) wmawnre This resolution approves the attached 1994-1995 Agreement between the Independent School Di No. 625 and the City of Saint Paul Professional Employees Association, Inc., and the 1994 - 1996 Agreements between the Independent School District No. 625 and the International Broth ApPrwe (A) or Relec[ (R) _ PLANNIN6 COMMISSION _ CIVIL _ CB COMMITfEE _ _ _ STAFF _ _ _ DISTRICTCOUR7 _ _ SUPPORTS WHICH COUNCIL OBJECTIVE? See attached summaries PEHSONAL SERVICE CON7RACTS MUST ANSWER TXE POLLOWMG QUESTIONS: 1. Has this personttirm ever worked under a contract for this department? YES NO 2. Has this person/firm ever been a ciry employee? YES NO 3. Does ihis personlfirm possess a skill not normally possessetl by any current ciry employee? YES NO Explain ell yes answers on separate sheet antl attach to green sheet These Agreements pertain to the Board of Education employees only. x�i"s.' �:�/� DEC 2 2 i99� �6�a?�4� �'��%:��i ��' �+�€� 2 l ��94 �����°� �����>� .� �������� fl�� � � 1ss4 ���� ��(�����. AMOUNT OF TRANSACTION $ FUNDIfdG SOURCE FINANCIAL INFORMATION� (EXPLAIN) COST/FiEVENUE BUDGETEU (CIRCLE ONE) YES NO ACTIVITY NUMBER � q5-1 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION ST. PAUL PUBLIC SCHOOLS DATE: September 20, 1994 TOPIC: Approval of an employment agreement with International 8rotherhood of Electrical Workers No. i 10 A. PERTINENT FAGTS: 1) New Agreement is for the two-year period May t, 1994 through April 30, 1996. 2) Contract changes are as follows: • Deleted all outdated references to provisions throughout the contract pertaining to employees with the School DistricYs benefits package. Appendix C- Wage rates and benefits increases combined reflect total package increases on the basic journey levei rates of $1.10 per hour in May 1994; and $1.10 per hour in May 1995. 3) The District has 14 regular empbyees in this bargaining unit. 4) This request is submitted by Richard Kreyer, Senior Labor Relations Analyst; Phyllis E. Byers, Negotiations/Labor Relations Manager; and Wil(iam A. Larson, Assistant Superintendent, Fscal Affairs and Operetions. B. RECOMMENDATION: That the Board of Education of Independerd School District No. 625 approve and adopt the Agreement conceming the terms and condftions of employment of those empioyees in this school district for whom International Brotherhood of Electrical Workers Local 110, is the exclusive representative; duration of said Agreement is for the period of May 1, 1994 through April 30, 1996. �:A11��jI C�� �i): •1l L — NEGOT/AT/ONSlLABOR RELATIONS OFFlCE �� � Sainf Pau/ Pub/ic Schools '= � �- Salnt Paul, Mlnnesota C(T" .� :�. ��;iiL HUt�`,�;•' r.=�!��RCES '94 UEC —2 A10 :t 8 LTT1,5I�1:�a�`.L�1�ITl TO: FROM: DATE: SUBJECT: Mary Kearney City - Office of Labor Relations Phyllis E. ByersQ��� Richard Kreyer �. December 1, 1994 Labor Agreement behveen Independent School District No. 625 and United Association Plumbers, Local 34 Enclosed are three copies of the above contract for the duration of May 1, 1994 through Apri130, 1996. Also, enclosed is a copy of the agenda request approved by the Board of Education on September 20, 1994. /ic Enclosures - 4 q5 Empbyment Agreemert -City of SaiM Paul -2- Professional Empioyees Association, inc. 2. CoMract changes (continue�: HOLIDAYS: Octobe� , $, , 994 Language of Articte 16.4. is amended by deleting the requirement that the "designated holiday" (aRernative to Columbus Day or Veterans' Day) must be scheduled on a day when schooi is not in session. 1�� December 25, 1993: All rates increased by 1°k biweeldy December 24, 1994: All rates increased by 2°� biweeidy MEMORANDUM OF UNDERSTANDING: A memorendum is created describing the rights of empbyees at the time of Saint Paul Technical College removal from Independent School District No. 625. � The District has 27 regular employees in this bargaining unit. This request is submitted by Phyltis E. Byers, Negofiations(La6or Relations Manager, and William A. Larson, Assistant Superintendent, Fscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education Schooi District No. 625 approve and adopt the Agreement co�ceming the terms and �nditions af emptoyment of those employees in this school district for whom the Professional Employees Assxiafron, Inc., is the exclusive representative; duration of said Agreement is for the period of January 1, 1994 through December 31, 1995; and that the Board of Education approve and adopt the Memorandum of Understanding regarding rights of District empbyees at the time of removal of the Saint Paul Technical College from Independent School District No. 625; duration of said memorandum is prospective through June 30, 1995. qJ � INDEX ARTICLE TInE PAGE Preamble.......................................................................... v 1. Purpose ............................................................................ i 2 . Recognition ....................................................................... 1 3. Employer Rights ............................................................... 1 � 4. Union Rights .............................................••••....•••-............ 2 5. Scope of the Agreement ................••••••••............................ 2 . 6. Probationary Periods ....................................................... 3 7. Philosophy of Employment and Compensation ................. 3 8. Hours of Work .................................................................. 4 9 . Overtime ........................................................................... 5 10 Call Back ........................................................................... 5 1 1. Work Location .................................................................. 6 12. Wages ....................................••••........................................ 6 13. Fringe Benefits ................................................................. 7 14. Selection of Lead Plumber ................................................ 8 15 Holidays ............................................................................ 9 16. Disciplinary Procedures .................................................. 1 1 � 17. Absences ftom Work ........................................................ 1 1 18 Seniority .......................................................................... 12 19. Jurisdiction ...................................................................... 13 20 Separation ........................................................................ 13 21. Tools ................................................................................. 13 22. Grievance Procedure ........................................................ 1 4 23. Right of Subcontract ......................................................... 1 6 24. Nondiscrimination ............................................................ 16 25 Severability ..................................................................... 16 26. Waiver .............................................................................. 17 27. Mileage - Independent Schooi DisVict No. 625 ............... 1 7 28. Safety ................................................................................ 18 , 29. Legal Services .................................................................. 1 9 30. DuraGon and Pledge .......................................................... 21 . Appendiu A ....................................................................... A1 APPendizB ....................................................................... B 1 APPendix .............................••••...................................... C 1-2 AppendixD ....................................................................... D1 � � q5-� C� . � L_J : _,,- This agreement is entered into between Indepe�dent School District No. 625, heteinafter referred to as the Employer, and the United Association Plumbers Local 34, hereinafter referred to as the Union. The Employer and the Union concur that this agreement has as its objective the promotion of the responsibilities of Independent School District No. 625 for the benefit of the general public through effective labor-management cooperation. The Employer and Uie Union both realize that this goal depends not only on the words in the Agreement but rather primarily on attitudes between people at all levels of responsibility. Constructive attitudes of the Employer, the Union, and the individual employees will best serve the needs of the general public. v q�-� � ARTICLE 1. PURPOSE 1.1 The Employer and the Union agree thai the purpose for entering into this agreement is to: 1.1.1 Achieve orderly and peaceful relations, thereby establishing a system of uninterrupted operations and the highest level of employee performance that is consistent with the safeiy and weli-being of all concerned; 1.1.2 Set forth rates of pay, hours of work, and other conditions of employment . as have been agreed upon by the Empbyer and the Union; 1.1.3 Establish procedures to orderly and peacefully resolve disputes as to the ' application or interpretation of this agreement without loss of manpower productivity. 1.2 The Employer and the Union agree that this agreement serves as a suppiement to legislation that creates and directs the Employer. if a�y part of this agreement is in conflict with such fegislation, the tatter shall prevail. The parties, on written notice, agree to negotiate that part in conflict so that it conforms to the statute as provided by Article 25 (Severabilityj. � ARTlCLE 2. RECOGNiTION 2.1 The Employer recognizes the Union as the exclusive representative for collective bargaining purposes for all personnei having an employment status of regular, probationary, and temporary employed in the classes of positions defined in 2.2 as certified by the Bureau of Mediation Services in accordance with Case No.91-PCL-2011 dated July 25, 1990. 2.2 The ciasses of positions recognized as being exclusively represented by the Union are as listed in Appendix A. • ARTICLE 3. EMPLOYER RIGHTS 3. i The Employer retains the right to operate and manage all manpower, facilities, and equipment; to establish functions and programs; to set and amend budgets; to determine the utilization of technology; to estabiish and modify the organizational stiucture; to select, direct, and determine the numbar of personnel; and to perform any inherent managerial function not specifically limited by this agreement. 3.2 Any "term or con�tion of employment" not established by this agreement shall � remain with the Employer to eliminate, modify or establish fo�lowing written notification to the Union. � q� ARTtCLE 4. tAVION RIGHTS 4. t The Employer shaU deducf from the wages of employees who authwize such a deduction in writing an amount necessary to cover monthiy Union dues. Such mo�ies deducted shaii be remitted as directed by the Union. 4.1.1 The Empbyer shall not deduct dues from the wages of empioyees covered by this agreement for any other labor organization. 4.1.2 The Union shail indemnify and save harmless the Employer from any and all claims or charges made against the Employer as a result of the implementation of this article. 4.2 The Union may designate one (1) employee from the bargaining unit to act as a Steward and shall inform the Employer in wriGng of such designation. Such employee shall have the right and responsibilities as designated in Article 22 (Grievance Procedure). 4.3 Upon notificatio� to a designated Employer supervisor, the Business Manager of the Union or the designated representative shall be permitted to enter the tacilities of the Employer where employees covered by this agreement are working. ARTICLE 5. SCOPE OF THE AGREEMENT 5.1 This agreement estabiishes the "terms and conditions of employment" defined by M. S. 179A.03, Subdivision 19, for all empioyees exclusively represented by the Union. This agreemeni shall supersede such °terms and conditions of employmenY estabiished by Civil Service Rule, Council Ordinance, and Council Resolution. • • � 2 q5-� � ARTICLE 6. PROBATIONARY PERIODS 6.1 AII personnel, originally hired or rehired following separation, in a regular employment status shall serve a six (6) month probationary period during which time the employee's fitness and ability to perform the class of positions' duties and responsibilities shall be evaluated. 6.1.1 At any time during the probationary period an employee may be terminated at the discretion of the Employer without appeal to the provisions of Articie 22 (Grievance Procedure). 6.1.2 An employee terminated during the probationary period shall receive a written notice of the reason(s) for such termination, a copy of which ' shall be sent to the Union. 6.2 Ail personnel promoted to a higher class of positions shall serve a six (6) month promotional probationary period during which time the employee's fitness and ability to perform the class of positions' duties and respo�sibilities shall be evaluated. 6.2. i At any time during the promotional probationary period an employee may be demoted to the employee's previously-held class of positions at the discretion of the Emp4oyer without appeal to the provisions of Article 22 (Grievance Procedure). � 6.2.2 An employee demoted during the promotional probationary period shall be returned to the employee's previously-held class of positions and shall receive a written noGce of the reasons for demotion, a copy of which shaff be sent to the Union. ARTICLE 7. PHILOSOPHY OF EMPLOYMENT AND COMPENSATION 7.1 The Employer and the Union are in full agreement that the philosophy of employment and compensation shall be a"cash" hourly wage and "industry" fringe benefit system. 7.2 The Emptoyer shat! compensate employees for atl hours worked at the basic hourly wage rate and hourly fringe benefii rate as found in Articles 12 (Wages) � and Article 13 (Fringe Be�efits). 7.3 No other compensatio� or fringe benefit shail be accumulated or earned by an employee except as specificalfy provided for in tfiis agreement � 3 �J�� ARTICLE 8. 8.1 8.2 HOURS OF WORK The normal work day shail be eight (8) consecutive hours per day, excluding a thirty (30)-minute unpaid lunch period, between 7:00 a.m. and 5:30 p.m. The normai work week shail be five (5) consecutive �ormal work days Monday through Friday. 8.3 if, during the term of this agreement, it is necessary in the Employer's judgment to establish secand and third shifts or a work week of other than Monday through Friday, the Union agrees to enter into nego6ations immediately to establish the conditions ot such shifts and/a work weeks. 8.4 This section shail not be construed as, and is not a guarantee of, any hours of work per normal work day or per normal work week. 8.5 All employees shall be at the loca6on designated by their supervisor, ready for work, at the established starting time and shall remain at an assigned work location untii the end of the established work day unless otherwise directed by their supervisor. 8.6 All employees are subject to call back by the Employer as provided by Articie 10 (Call Back). 8.7 Employees reporting for work at the estabt+shed starting time and tor whom no work is available shall receive pay for two (2) hours, at the basic hourly rate, unless notification has been given not to report for work prior to leaving home, or during the previous work day. � . � � 4 Q5-� u 1 � � • • ARTICLE 9. OVERTIME 9.'f Time on the payrolf in excess of the normai hours set forth above shail be "overtime worK and shall be done only by order of the head of the departrnent. An employee shail be recompensed for work done in excess of the normal hours by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis for such overtime work. The basis on which such overtime shall he paid shall be determined sote�y by the Empbyer. 9.2 9.3 9.4 The rate of one and one-half (1-1/2) the basic hourly rate shall be the overtime rate tor work performed under the foliowing circumstances: 9.2.1 Time worked in excess of eight (8) hours in any one normal work day, ard 9.2.2 Time worked in excess of 40 hours in a seven (7}-day period. For the purpose of calculating overtime compensation, overtime hours worked shati not be "pyramided,° compounded or paid twice for the same hours worked. Overtime hours worked as provided by this articie shall be paid in cash or compensatory time as determined by the Employer. ARTICLE 10. CALL BACK 10.1 The Emp�oyer retains the right to cafl back empfoyees before an employee has started a normal work day or normal work week and after an employee has completed a normal work day or normal work week. 10.2 Employees called back shall receive a minimum of four (4) hours of pay at Uie basic hourly rate. 10.3 The hours worked based on a call back shall be compensated in accordance with Article 9(Overtime), when applicabte, and subject to the minimum established by 10.2 above. 10.4 Employees called back four (4) hours or less prior to their normal work day shaii compfete the normal work day and be compensated only for the overtime hours worked in accordance witfi Article 9(Overtime}. 5 � ARTICLE 11. WORK LOCATION � 11.1 Employees shall report to work locaiions as assigned by a designated Employer supervisor. During the nonnal work day, employees may be assigned to other work locations at the discretion of the Employer. 11.2 Empioyees assigned to work locations during the normal work day other than their original assignment, and who are required to furnish their own UansporiaYion, shall be compensated for mileage as set forth in Article 27 (Mileage). r ARTICLE 12. WAGES 12.1 The basic hourly wage rates as established by Appendix C shall be paid for all hours worked by an employee. 12.2 Regular employees shall be compensated in accordance with Article 12.1 (Wages) and have fringe benefit contributions andlor deduc6ons made o� their behalf as provided for by Article 13 (Fringe Benefits). 12.3 Temporary employees shall be compensated in accordance with Article 12.1 � (Wages) and have fringe benefit conVibutions and/or deductions made in fheir behalf as provided for by Article 13 (Fringe Benefits). • . 0 q5 -� � ARTICLE 13. FRWGE BENEFlTS 13.1 The Employer shali make conVibutions on behaif of and/or make deductions from the wages of empbyees covered by fhis agreement in accordance with Appendix D for all hours worked. 13.2 Effective Mav 1. 1985, temporary, probationary, and regular participating employees shall be eligible for a paid holiday for Labor Day, the first Monday in September. ' 13.3 The Employer will for the period of this agreement provide, for those employees who were eligible for the Employer's Hea�th and Welfare Plan and who have � retired since SeQtember 1, 1974, such health insurance premium conVibutions up to the same dollar amounts as are provided by the Employer at the date of early retirement and the cost of premium contributions toward $5,000 life insurance coverage until such employees reach sixty-five (65} years of age. In order to be eligible for the premium contributions under the provision 13.3 and 13.4 the empbyee must: 13.3. t Be receiving benefits from a public employee retiree act at the time of retireme�t. 13.3.2 Have severed the employment relationship with the City of Saint Paul and/or Independent School District No. 625 under one of the early � retiree plans. 13.3.3 Inform the Human Resource Department of independent School District No. 625 and Human Resources Office of the City of Saint Paul in writing within sixty (60) days of employee's early retirement date that fie or she wishes to be eligible for early retiree insurance benefits. 13.4 For an employee who retired before the execution of this agreement at age sixty-five (65) or later and who meets the criteria in 13.3, or for early retirees who qualified under 13.3 and have reached age sixty-five (65) after retirement, the Employer will provide payment of premium for a Medicare supplement health coverage policy selected by the Employer. � � 7 G�-� ARTICLE 14. SELECTION OF LEAD PLUMBER 14.1 The selection of personnel for the class of positions Lead Plumber shall remai� solely with the Employer. 14.2 The class of positions Lead Piumber shail be fiiled by employees of the bargaining unit on a "temporary assignment" 14.3 All "temporary assignments" shail be made only at the direction of a designated Employer supervisor. 14.4 Such "temporary assignments" shaii be made only in cases where the class of positio�s is vacant for more than one (1} normal wwk day. � � �� E] q5-�1 � ARTICLE 15. HOLIDAYS 15.1 The folbwing ten (70) days shaU be designated as unpaid holidays (except Labor Day as noted in Articie 13.2): New Year's Day Martin Luther King, Jr Presidenfs' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day � January 1 Day Third Monday In January Tfiird Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 Fourth Thursday in November December 25. 15.2 When New Year's Day, Independence Day or Christmas Day falls on a Sunday, the following Monday shall be considered the designated holiday. When any of these three (3) holidays falls on a Saturday, the preceding Friday shall be considered the designated holiday. 15.3 The ten (i0) holidays shall be considered non-work days. 15.4 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, empioyees may be scheduted or "catled back" in accordance with Article 10 (Ca�l Back). 15.5 Employees working on the holidays listed below shall be paid on a straight-time basis: Martin Luther King, Jr. Day Presidents' Day Columbus Day Veterans' Day. 15.6 Emptoyees working on the holidays listed bebw shall be paid at the rate of two (2) times the basic hourly rate for ali hours worked: New Year's Day Memorial Day � Independence Day Thanksgiving Day _ Christmas Day. � 15.7 Employees working on Labor Day shall be recompensed for work done on this day by being granted compensatory time on a time and one-half basis or by being paid on a time and one-half basis fw such hours worked, in addition to the regular pay. � Q5-� ARTICLE 15. HOLIDAYS {continue� 15.8 In order to be eligible for a holiday with pay, an empbyee's name must appear on the payroll on any six (6) working days of the nine (9) working days preceding the holiday; or an employee's name must appear on the payroll the last working day before the holiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shail the holiday be counted as a working day. 15.9 When Martin Luther King, Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falls on a day when schooi is in session, the employees shali work that day at straight time and anoUier day shall be designated as the holiday. This designated holiday shall be a day on which school is not in session and shall be determined by agreement between the employee and supervisor. 15.10 Notwithstanding Article 15.1 and 15.5 above, the Employer may at any time during the life of this Agreement designate the day after Thanksgiving as a holiday. In the event of such designation, either Martin Luther King, Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the hoiidays list as set forth in Article 15.1. �� @J � 10 q 5-� � ARTICLE 16. DISCIPLINARY PROCEDURES 16.1 The Empfoyer shall have the right to impose disciplinary actions on employees for just cause. 16.2 Disciplinary actions by the Employer shalf include only the following actions: 16.2.1 Oral reprimand; 16.2.2 Written reprimand; 1fi.2.3 Suspension; � 16.2.4 Demo6on; 16.2.5 Discharge. 16.3 Employees who are suspended, demoted or discharged shall retain all rights under M.S. 179A.20, Subd. 4, and thereby shall have the right to request that such actions be considered a"grievance" for the purpose of processing through the provisions of Article 22 (Grievance Procedure). Once an employee or the Union in the emp{oyee's beha{f initiates review of an action, that matter shall not again be reviewed in another forum. Oral reprimands shall not be subject to the grievance review process. � ARTlCLE 17. ASSENCES FROM WORK 17.1 Employees who are unable to report for their normal work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than the beginning of such work day. 17.2 Failure to make such notification may be grounds for discipline as provided in Article 16 (Disciplinary Procedures). 17.3 Failure to report for work without notification for three (3) consecutive normal workdays may be considered a"quit° by the Employer on the part of the employee. � L � t1 �5-� ARTICLE 18. SENIORITY � 18.1 Effective May 1, 1993, for the purpose of this article, the terms shail be defined as foliows: 1 g.1.1 The term, "Employer," shall mean Independent School District No. 625, Saint Paul Public Schools. 1 g.1.2 The term, "Master Seniority,° shall mean the length of continuous regular and probationary service with the Employer from the date an employee was ftrst appointed to any class ti8e with the Employer covered by this agreement. 18.1.3 The term, "Class Seniority" shali mean the length of continuous regular and probationary service with the Empioyer from ihe date an employee was first appointed to a position with the Employer in a class title covered by this agreement. This sec6on 18.1.3 is intended to mean Uiat on or after May 1, 1993, an employee who is newly hired to the Employer (District), no matter what the person's prior experience or how hired by the District, will have hislher class seniority start at zero on the day of appointrnent to a School District position in that 6Ue and seniority wiil begin to be caiculated from that date. An empioyee's Class Seniority does not revert to zero foilowing recall from an Empioyer initiated layoff within the riventy-four (24) month recall rights period specified in 18.4. This definition of � class seniority wili be used for all layoff decisions. 18.2 Seniority shall not accumulate during an unpaid leave of absence, except when such a leave is granted for a period of less than thirty (30) calendar days; is gra�ted because of illness or injury; is granted to allow an employee to accept an appointment to the unclassified service of the Employer or to an elected or appointed full-time position with the Union. 18.3 Seniority shall terminate when an employee retires, resigns or is discharged. 18.4 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class tiUe within each Department based on inverse length of "Class Seniority.' Employees laid off by the Employer shall have the right to reinstatement in any lower-paid class tiUe previously held which is covered by this agreement, provided the employee has greater "Class Seniority" than the employee being replaced. Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after twenty-four (24) months from the last day of work preceding the layoff. No other Civil Service recall righis to this Employer shall apply. This provision dces not address any rights the employee may have to be recalled to any other employer. 18.5 The selection of vacation periods shall be made by class title based on length of "Class Seniority," subject to the approval of the Employer. � 12 95�� S ARTiCLE 19. JURISDIC710N 19.1 Disputes conceming work jurisdiction beriveen and among unions is recognized as an appropriate subject to determinaGon by the various unions representing employees of the Employer. 19.2 The Employer agrees to be guided in the assignment of work jurisdiction by any mutual agreemenfs between the unions involved. 19.3 In the event of a dispute concerning the performance or assignment of work, the ` unions involved and the Employer shall meet as soo� as mutually possible to resolve the dispute. Nothing in the foregoing shali restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the dispute or to restrict the Empfoyer's basic right to assign work. 19.4 Any employee refusing to perform work assigned by the Employer and as clarified by Sections 192 and 19.3 above shaN be subject to discipfinary action as provided in Article 16 (Disciplinary Procedures). 19.5 There shatl be no work stoppage, slow down or any disruption of work resulting from a work assignment. � ARTICLE 20. SEPARATION 20.1 Employees having a probationary or regular employment status shall be considered separated from empioyment based on the folbwi�g actions: 20.1.1 Resgnation. Employees resigning from employment shali give written notice fourteen (14) calendar days prior to the effective date of the resignation. 20.1.2 Discharoe. As provided in Articie 16. 20.1.3 Failure to ggport for Dutv. As provided in Article 17. °� 20.2 Employees having a temporary employment status may be terminated at the discretion of the Employer before the completion of a �ormal workday. ARTICIE 21. TOOLS 21.1 Aii employees shalf personafty provide themseives with the toois of the trade as � listed in Appendix B. 13 (�F�_� ARTICLE 22- GRIEVANCE PROCEDURE 22.1 The Employer shall recognize Stewards selected in accordance with Union rules and reguiations as the grievance representative of the bargaining unit The Union shall notity the Employer in writing of the names of the Stewards and of their successors when so named. 22.2 It is recognized and accepted by the Empioyer and the Union ihat fhe processing of grievaoces as hereinafter provided is limited by the job duties and responsibilities of the empioyees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibiliGes. The Steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the Steward and the emptoyse have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental to the work programs of the Employer. 22.3 The procedure established by this article shall, except as previously noted in Article 16 (Disciplinary Procedures), be the sole and exclusive procedure, for the processing of grievances, which are defined as an alleged violation of the terms and conditions of this agreement. 22.4 Grievances shall be resolved in conformance with the following procedure: Ste° t. Upon the occunence of an alleged violation of this agreement, the employee invoNed shall attempt to resoNe the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the employee's satisfac6on by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violatio� of the Agreement not reduced to wri6ng by the Union within seven (7) calendar days of the first occurrence of the event giving �ise to ihe grievance or within ffie use of reasonable diligence should have had knowledge of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (� calendar days after receiving the written grievance, a designated Employer Supervisor shall meet with the Union Steward and attempt to resolve the grievance. If, as a result of this meeting, the grievance remains unresolved, ihe Employer shall reply in writing to the Union within three (3) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days toltowing receipt ot the Employer's written answer. Any grievance not referred i� writi�g by the Union within seven (7) calendar days following receipt of the Employer's answer shall be considered waived. n � � � 14 q �-� • ARTICLE 22. GRIEVANCE PROCEDURE (continuec� Steo 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Empbyer Supervisor shali meet with the Union Business Manager or a designated representative and attempt to resolve the grievance. Within seven (7) calendar days following this mee6ng, the Employer shall reply in wriGng to the Union stati�g the Empbyer's answer conceming the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days foliowing receipt of the Employer's answer shall be considered waived. Steo 4. If the grievance remains unresolved, the Union may withi� seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Empioyer and the Union shaii have the right to strike two (2) names from the panel. The Union shall strike the first (1st) name; the Empioyer shall then strike one (1) name. The process will be repeated and the remaining person � shall be the arbitrator. 22.5 The arbitrator shall have no right to amend, modify, nu�lify, ignore, add to or subtract from the provisions of this agreement. The arbitrator shall consider and decide oniy the specific issue submitted in writing by the Employer and The Union and shali have no authority to make a decision on any other issue not so submitted. The arbitrator shall be witliout power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbiVator's decision shall be submitted in wri6ng within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shaft be based solely on tfie arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presentsd. The decision of the arbitrator shall be � final and binding on the Employer, the Union, and the employees. 22.6 The fees and expenses for the arbiUator's services and proceedings shall be borne equally by the Empioyer and the Union, provided that each parry shall be resportsible for compensating its own representa6ve and witnesses. !t either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 22.7 The time limits in each step of this procedure may be extended by mutual agreement of tfie Employer and the Union. � 15 ��J ARTlCLE 23. RIGNT OF SUBCONTRACT 23.1 The Empioyer may, at any time during the duration of this agreement, contract out work done by the employees covered by this agreement in the event that such contracting would result in a reduction of the workforce covered by this agreement, the Empioyer shali give the Union a ninety (90}-calendar day notice of the intention to subcontract. � 23.2 The subcontracting of work done by the employees covered by this agreement shall in all cases be made only to employers who qualify in accordance with Ordinance No. 14013. � ARTICLE 24. NONDISCRIMINATION 24.1 7he terms artd conditions oi this agreement will be applied to employees equally wiihout regard to or discrimination for or against, any individual because of race, color, creed, sex, age w because of inembership or nonmembership in the Union. 24.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the � general public. ARTICLE 25. SEVERABILITY 25.1 In the event that any provision(s) of this agreement is declared to be contrary to law by proper legislative, administrative or judicial authority from whose finding, determination or decree no appeal is taken, such provision(sj shall be voided. AII other provisions shall continue in full force and effect. 25.2 The parties agree to, upon written notice, enter into negotiations to place the � voided provisions of the Agreement in compliance with the legislative, administrative or judicial determination. - � 16 � 5 -� � ARTICLE 26. WAIVER 26.1 The Employer and the Union acknowledge that during the meeting and negotiating which resuited in this agreement, each had the right and opportunity to make proposals with respect to any subject concerning the tettns and conditions of employment The agreements and understandings reached by the parties after the exercise of this right are tully and completely set forth in this agreement 26.2 Therefore, the Employer and the U�ion for the duration of fhis agreement agree that the other party shafl not be obligated to meet and nego6ate over any term or condition of employment whether specifically covered or noi specifically covered by this agreement. The Union and Employer may, however, mutually agree to modify any provision of this agreement 26.3 Any and all prior ordinances, agreements, resolutions, practices, policies, and rules or regulations regarding the terms and conditions of employment, to the extent they are inconsistent with this agreement, are hereby superseded. ARTICLE 27. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 � 27.1 Emp{oyees of the School District under poticy adopted by the Board ot 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 one of the folfowing pians: PLAN "A" is reimbursed at the rate of 28¢ per mile. In addition, a maximum amount which can be paid per month is established by an es6mate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be the experience of another working in fhe same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. � PLAN "C" provides for reimbursement based on a per month "lump sum" amount. This amount is determined by the empioyee's driving experience under ^ Plan "A" for a period of three-to-six months. Those employees receiving an auto allowance under this plan must report monthly the number of days the car was available during the month. A deduction must be made from the lump sum amount fw each day the employee is on vacation. A deduction need not be made for an occasionai day of illness or for holiday. � ir� q 5 -�1 ARTICLE 28. SAFETY 28.1 Accident and injury-free operatio�s shall be the goai of the Empioyer and empbyees. To this end, the Employer and employees will, to the best of their ability, abide by and live up to ihe requvements of the severai state and federal Construction Safety Codes and Regulations. 28.2 To this end, the Empbyer shall from time to time issue rules or notices to his employees regarding on-the job safety requirements. Any employee violating such rules or notices shall be subject to disciplinary ac6on. No empbyee may be discharged for refusing to wwk under unsafe conditions. 28.3 Such safety equipment as required by govemmental regulations shall be provided without cost to the employee. At the Empbyer's option, the employees may be required to sig� for safety equipment and shall be obligated to return same upon discharge, layoff, quit or other termination in comparable condition as when issued> providing reasonable wear and tear. The Employer shall have the right to withhold the cost of such safeiy equipment 'rf not returned. i 28.4 The Empbyer agrees to pay $60.00 toward the cost of each pair of safety shoes purchased by an employee who is a member of this unit. The Employer shail contribute for the cost of up to one pair of shoes per year and shall not be respo�sible for any additional cost for any additional shoes thereafter. This reimbu�sement of $60.00 per pair of shoes shali be made oniy after investigation and approval by the immediate supervisor of that employee. This $60.00 per pair of shoes conVibution to be made by the Employer shall apply to • those employees who must wear protective shoes or boots for their employment � 18 `1 � "� � ARTICLE 29. LEGAL SERVICES 29.1 E�ccept in cases of malfeasance in office or wiilful or wanton neglect of duty, or indifference to rights of others, the Employer shall defend, save harmless, and indemnify an employee against tort claim or demand, whether groundless or othervvise, arising out of alleged acts or omission occurring in the performance or scope oE the empbyee's duties. 29.2 Notwithstanding the provisions of Section 29.1, the Employer shall not be , required to defend or indemnify any empioyee against personai liability or damages, costs or e�enses , (a) resulting from a claim, suit, verdict, finding, determination or judgment that the employee has committed an intentional tort or torts, including but not limited to slander, libel, andlor other defamatory harms; or ( b) arising out of cross claims, counterclaims, affirmative defenses and/or separate actions brought against such employee i� response to or resuiting from claims, allegations, demands or actions (whether or not litigation was actually commenced) brought, made or instituted by such employee. 29.3 Notwithstanding the provisions of Section 29.1 or 29.2, the Employer may at its sofe discretion defend an employee against alfegations, ciaims, demands or actions wholly or in part based on or arising out of claimed intentional torts, and in such cases, the employee consents to the extent lawfully permitted to such ri representation without regard to actual or potential conflicts of interest. ! 29.4 Each employee, within twenty (20) days after receiving notice of ( 1) a tort claim or demand, action, suit or prxeeding against him or her, ( 2} a judgment, verdict, finding or determination, either of which arises out of alleged or found acts or omissions occurring in the performance or scope of the employee's duties, shall notify the Employer by giving written notice thereof to the EmployePs Generai Counsel. � u 19 q 5 -�1 ARTICLE 30. DURATION AND PtEDGE � 3a.1 This agreement shail become effective as af the date of signing, except as speci6cally provided otherwise in this agreement and shail remain in effect through the 30th day of April, 1996, and continue in etEect trom year to year thereafter unless notice to change or to terminate is given in the manner provided in 30.2. 30.2 If either party desires to tertninate or modify this agreement effective as of �e date of expiratio�, the party wishing to modify or tertninate the Agreement shafi pive written notice to the other party, not more than ninety (90) or less than sixty (60) calendar days prior to the expiration date, provided that the Agreement may onty be so terminated or modfied effective as oi the e�iration date. 30.3 In consideration of the terms and conditions of empbyment estabiished by this agreement and the recognition that the Grievance Prxedure herein established is the means by which grievances concerning its application or interpretaGon may be peacefuily resolved, the parties hereby pledge that during the term of the Agreement 30.3. t The Union and the empbyees will not engage in, instigate or condone any concerted action in which employees fail to report for duty, witifully absent themselves from work, stop work, slow down their work or ebsent themselves in whole or part from the fuli, faithful performa�ce of their duties of empbyment. 30.3.2 The Employer will not engage in, instigate or �ndone any lockout of empbyees. � 30.3.3 This constitutes a tentative Agreement between the parties which will be recommended by the NegoGatio�slLabor RelaGons Manager, but is subject to the approval of the Board of Education, and is aiso subject to ratification by the Union. Agreed to this ,� _ day of Orr06ttZ-- , 1994, and attested to as the full and oomplete understanding of the parties tor the period of time herein specified by tfie signature of the folbwing representatives for the Empbyer and the Union. W117SESSES: � � SCHOOL DISTRICT NO. 625 UNITED ASSOCIATION PLUMBERS � LOCAL NO. 34 ���5.���,�y �or R�tions. anager Business Manager i'Q��� 9// �,�9 �¢ e{ations na t Date '^' 21 ����� - ._,_ q5=1 � APPENDIX A Tfie ctasses of positions recognized by the Employer as being exclusively represented by the Union are as follows: Apprentice - Plumber Plumber � Lead Pfumber ., and other classes of positions that may be established by the Employer where the duties and responsibilities assigned come within the jurisdiction of the Union. �J � , A-1 q 5 �� � APPENDIX C C-1. The totai hourly cost to the Employer for wages plus any and aIl contributions or deductions stated in Appendix D of this agreement shall not exceed the folbwing amounts: Effective Effective 4-30-94 4-29-95 Plumber $ 29.13 $ 30.21 Lead Plumber $ 30.93 $ 32.01 r C-2. The total taxable hourly rate including wages and the vacation contribution in Appendix D and excludi�g all other benefit costs and obligations in Appendix D, for ' regular and probationary employees appointed to the following classes of positions shall be as follows: Plumber Lead Plumber � Effective 4-30-94 $ 21.75 $ 23.44 Effective 4-29-95 . C-2A. The basfc hourly wage rates fn th(s Appendix (C-2A) are for comoensation analysis gurpose� oniv These figures represent the portfon of the Appendix C-1 rates above spectficaily aliocated to wages. These rates do NOT include taxable contributfons and therefore should NOT be used for taxable payrol� caiculattons. See Appendix C-2 above for total taxable payroll Informatfon. Effective 4-3U-94 $ 18.57 $ 20.29 Effective 4-29-95 , Piumber Lead P{umber � . C3. The total taxable hourly rate including wages a�d the vacation contribution in Appendix D for temporary employees appointed to the following c�asses of positions shall be: Effective 4-30-94 Plumber $ 22.72 Lead Plumber $ 24.52 Effective 4-29-95 . . If a temporary employee working in a title listed in this Appendix C-3 becomes subject to the requirements of the Public Employees Retirement Act (PERA), which thereby requires ihe Employer to make contribu6ons to PERA, the houriy rate of pay shall be the rate shown in this Appendix C-3 for such tiUe divided by 1.0448. � C-1 q5�� i 1994 - 1995 � COLLECT`IVE BARGAINING AGREEMENT BETWEEN SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 � _�•� THE CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. : ����� PUBLIC SCHOOLS ��FELONG LEARNING � q� ����� d� ���� � PUBLIC SCHOOLS LFELONCa LEARNMG � SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 . Soard ot Education: • Greg Filice - Chair Bili Carison - Director Mary Thornton Phillips - Vice Chair Tom Conlon - Director Choua Lee - Clerk Becky Montgomery - �irector Marc Manderscheid - Treasurer Administration: Curman L. Gaines - Superintendent Julio Atmanza - Assistant Superintendent, • Planning and Support Services Maureen A. Flanagan - Assisiant Superintendent, Administration and Government RelaGons William A. Larson - Assistant Superintendent, Fiscal Affairs and Operations Carol M. Sorenson - Assistant Superintendent, Teaching and Learning R � � � p q5 ! � . � WDIX RA TICLE 1. 2. 3. 4. 5. 6. 7. 8. 9. 1 0. TITL Preamble....... AGE v Recognition............................................................................. 1 Severance Pay ........................................................................ 2 Management Rights ................................................................. 5 Maintenance o( Standards ....................................................... 5 Check Off And Service Fee ...................................................... 6 Hours of Work and Overtime .................................................. 7 Seniority................................................................................ 8 Working Out of Classification ................................................ 8 Discipline............................................................................... 9 Legal Services ........................................................................ 9 11. Grievance Procedure .............................................................. 1 0 12 Wages .................................................................................... 1 2 13 Saving Clause .......................................................................... 1 2 14 I nsurance ................................................................................ 1 3 15 Vacation .................................................................................. 1 7 16 Holidays ..................................................................................18 t 7. Mileage-Independent School District No. 625 ....................... 1 9 18. Non-Discrimination ...............................................................19 19. Parentai/Maternity Leave ..................................................... 2 0 20. Sick Leave ............................................................................... 20 21. 22. WorkStoppage ........................................................................ 2 0 Duration and Effective Date .................................................... 21 Appendix A... ............................. A 1-A 3 titl �5-� � � r�;ayaai �ra This agreement is entered into beriveen independent School District No. 625, hereinafter referred to as the "Empioyer" and the City of Saint Paui Professional Employees Association, Inc., hereinafter referred to as the "Association," for the purpose of fostering artd promoting harmonious relations between the Employer and the Association in order that a high level of public service can be provided to the citizens in the School District. This agreement attempts to accomplish this purpose by providing a fulier and more complete understanding on the part of both the Employer and the Association of their respective rights and responsibilities. The provisions of this agreement shail not abrogate the rights and/or duties of the Employer, the Association, or the empioyees as established under the provisions of the Public Employment Labor Relations Act of 1971, as amended. � q5-� � ARTICLE 1. RECOGNITION 1.1 The Empioyer recognizes the Association as the exclusive representative for the Classified Professional Employees Group, as certified by the State of Minnesota Bureau of Mediation Services, dated May 11, 1988, Case No. 88-PR-2632. This unit consists of the following: All classified professional employees of Independent School District No. 625, St. Paul, Minnesota, who are public employees within the meaning of Minnesota Statute. § 179.03, Subd. 14, excluding supervisory, confidential, and all other employees. 1.2 The rights and benefits of provisional employees shall be governed by the City's personnel rules unless such rights and benefits are specifically amended as to provisional employees by this contract. �� � 1 q5 -� ARTICLE 2. SEVERANCE PAY � 2. t The Employer shall provide a severance pay program as set forth in this articie. 2.2 7o be eligible for the severance pay program, an employee must meet the following requirements: 2.2. i The emptoyee must be fifty-eight (58j years of age or otder or must be eligible for a non-reduced pension under the provisions of the Public Employees Retirement Association (PERA). For DisUict employees covered by a pension pian other than PERA, such employees must be eligible for a non-reduced pension under the provisions of that particular pension plan. 2.2.2 The employee must be voluntarily separated from 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. 2.2.3 The employee must have at least ten (10) years of consecutive service ttnder the classified or unclassified Civil Service at the time of separation. For the purpose of this article, empioyment 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. 2.2.4 The employee must file a waiver of re-employment with the Director of � Human Resources, which will ciearly indicate that by requesting severance pay, fhe employee waives al! claims to reinstatement or re-employment (of any type) with the City of Saint Paul or with Independent School DisVict No. 625. 2.2.5 The empioyee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 2.3 If an employee 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 equal to one-half (1/2) of the daily rate 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 200 accrued sick leave days. 2.4 The ma�cimum amount of money that any empioyee may obtain through this severance pay program is $7,500. 2.5 For the purpose of this severance pay program, a death of an employee shall be considered as separation of employment and, if the employee wouid have met ali 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. � 2 q5-� � ARTICLE 2. SEVERANCE PAY (continue�: 2.6 For the purpose of this severance pay program, a transfer from Independent School District No. 625 empioyment to City of Saint Paul empioyment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 2.7 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. 2.8 This severance pay program shail be subject to and governed by ihe original � School District Severance Pay Plan (which allows $4,000 maximum payment), except in those cases where the specific provisions oi this article conflict with said Severance Pay Plan and in such cases, the provisions of this article shall � control. � 2.9 Any employee hired prior to December 31, 1983, may, in any event, and upon meeting the qualifications of this article 2.1 through 2.8, draw severance pay. However, an election by the employee to draw severance pay under either this article or the original School District Severance Pay Plan (which allows $4,000 maximum payment) shail constitute a bar to receiving severance pay from the other. 2.10 An employee hired after December 31, 1983, and prior to October 20, 1988, shall on�X be entitled to the benefits of 2.1 through 2.8 of this article upon meeting the qualifications of Articles 2.1 through 2.8. 2.10.1 The provisions of the above Articies 2.1 through 2.9 shall appiy only to employees hired prior to the date of the signing of this agreement. 2.11 For employees hired on or after October 20, 1988, Q.p1y the severance pay provided in the fotlowing Articles 2.12 through 2.18 sfiall apply. 2.11.1 Employees hired prior to December 31, 1983, who meet the stated requirements, shall be eligible for severance pay, based on the provisions of 2.12 through 2.18, but election of this plan shatl create a bar to participation in either plan listed in 2.9 above. � 2.12 Effective October 20, 1988, the Employer shall provide a severance pay program as set forth in Articles 2.13 through 2.18. 2.13 To be eligible for the severance pay program, an empioyee must meet the foliowing requirements: 2.13.1 The emptoyee must be votuntarily separated from District employment or have been subject to separation by layoff or compulsory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the Distsict severance pay program. � 3 Q 5 �� ARTICLE 2. SEVERANCE PAY (continuec�: 2.13.2 The employee must file a waiver of re-employment with the Director of Human Resource, Independent School District No. 625 and Director of Human Resources, City of Saint Paul, which will clearly indicate that by requesting severance pay, the empioyee waives all claims to reinstatement or re-employment (of any type), with the City or with Independent School District No. 625. 2.13.3 7he employee musY have an accumulated balance of ai least eight (80) days of sick leave credits at the time of his separation from service. 2. i 4 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 equal to one-half (1/2) of the daily rate 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 as shown below based on the number of years of service. Years of Service Maximum with the DistricU(Citv) Severance Pav At least 20 $4,000 21 4,700 22 5,400 23 6,100 24 6,800 25 7,500 � � , . . , n . � �, i � L � � • • • - ii 2.15 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 ihe requirements set forth above, ai the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 2.16 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paui employment is not considered a separation of employment, and such transferee shall not be eligible for the District severance pay program. 2.17 The manner of payment of such severance pay shall be made in accordance with the provisions of the original School District Severance Pay Plan cited in 2.8 above. 2.18 This severance pay program shall be subject to and governed by the provisions of the originat Schooi District Severance Pay Plan cited in 2.8 above, except in those cases where the specific provisions of this articie conflict with said Plan and in such cases, the provisions of ihis article shall controi. �-� LJ � . 4 q5-� • � ARTICLE 3. MANAGEMENT RIGHTS 3.1 The Association recognizes the right of the Employer to operate and manage its affairs in ali respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which tfie Empioyer has not officialiy abridged, delegated or modified by this agreement are retained by the Employer. 3.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overali budget, utilization of technology, and organizational structure and selection and direcGon and number of personnel. ARTICLE 4. MAINTENANCE OF STANDARDS 4.1 The parties agree that al� conditions of empioyment relating to wages, hours of work, vacations, and all other general working conditions except as modified by this agreement shali be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul (Resolution No. 3250), and the Saint Paul Salary Plan and Rates of Compensa6on at the time of the signing of this agreement, and the conditions of employment shatl be improved wherever specific provisions for improvement are made elsewhere in this agreement. � q5-�1 ARTICLE 5. CHECK OFF AND SERVICE FEE � 5. i The Employer agrees to deduct the Association membership initiation !ee assessments and once each month dues from the pay of those employees who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Employer by a represenfative of the Association and the aggregate deductions of all employees shail 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. 5.2 Any present or future employee who is not an Association member shall be required to contribute a fair share fee for services rendered by the Association. Upon notification by the Association, the Employer shali check off said fee from the earnings of the empioyee and transmit the same to the Association. In no instance shall the fair share fee ezceed eighty-five (85) percent of the membership dues. It is also understood that in the event the Employer shall make an improper fair share deduction from the earnings of an empioyee, the Association shall be obligated to make the Employer whole to the extent that the Employer shall be required to reimburse such employee for any amount improperly withheid. This provision shall remain operative only so long as specificalty provided by Minnesota law, and as otherwise (egai. 5.3 The Association agrees to indemnify and hold the Employer harmiess againsi any and all claims, suits, orders or judgments brought or issued against the Employer as a result of any aciion taken or not taken by ihe Employer under the provisions of this article. � 5.4 The Association agrees that a service fee of fifty cents (50¢) per member, per month shall be deducted by the Employer from the amount withheld for dues or fair share prior to remittance of dues or fair share to the Association. i q5-� • ARTICLE 6. HOURS OF WORK AND OVERTIME 6.1 The normal hours of work for the employee shall be a minimum of seven and three-fourths (7 3/4) hours in any twenty-four (24) hour period and thirty-eight and three-fourths (38 3/4) hours in a seven (7)-day period. For employees on a shift basis this shall be construed to mean a minimum average of thirty-eight and three-fourths (38 3/4) hours a week. 6.2 Employees who work more than seven and three-fourths (7 3/4) hours in any twenty-four (24)-hour period or more than thirty-eight and three-fourths (38 3/4) hours in any seven (7)-day period shall not receive pay for such additional work except as in 6.4 below. 6.3 It is understood by the parties that Section 28H - Overtime Compensation of Resolution No. 3250 shall not apply to this unit. 6.4 In unusual circumstances a department head may grant employees who work more than seven and three-fourths (7 3/4) hours in any twenty-four (24)-hour period or more than thirty-eight and three-fourths (38 3/4) hours in any particular seven (7)-day period compensatory time or pay on a straight time basis for the extra hours worked. The method of this compensation shall be determined solely by the Empioyer. .! . 7 � � -� ARTICLE 7. SENIORITY 7.1 Seniority, for the purpose of this agreement, shali be defined as follows: The length of continuous, regular, and probationary service with the Employer from the date an empioyee was first certified and appointed to a class ti8e covered by this agreement, it being further understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shal! be determined by the empioyee's rank on the eligible list from which certification was made. 7.2 Seniority shall terminate when an employee retires, resigns or is discharged. 7.3 in the event it is determined by the Empioyer that it is �ecessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of seniority as defined above. 7.4 In cases where there are promotional series, such as Engineer I, II, II, etc., when the number of employees in the higher titles is to be reduced, employees who have held lower titles will be offered reductions to the highest title to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 7.5 Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two (2) years of layoff. It is understood that such employees will pick up their former seniority date in any class of positions that they previously held. 7.6 To the extent possible, vacation period shall be assigned on the basis of seniority. It is, however, understood that vacation assignment shall be subject to the ability of the Employer to maintain operations. ARTICLE 8. WORKING OUT OF CLASSIFICATION 8.1 Employer shall avoid, whenever possible, working an employee on an out-of-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days shall receive the rate of pay for the out-of-class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this article, an out-of-class assignment is defned 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. The rate of pay for an approved out-of-class assignment shal( be the same rate the employee would receive if such employee received a regular appointme�t to the higher classification. � �� • s � qFJ"1 i ♦ � ARTICLE 9. DISCIPLINE g,1 9.2 � The Employer wili discipiine employees for just cause onty. Discipline will be in the form of: 9.11 Written reprimand; 9.12 Suspension; 9.13 Reduction; 9.14 Discharge. Suspensions, reductions, and discharges will be in written form. Employees and the Association will receive copies of written reprimands and notices of suspension and discharge. 9.4 Empioyees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or discip{inary actions. Fi{es may be examined at reasonable times under the direct supervision of the Employer. 9.5 Discharges will be preceded by a five (5)-day preliminary suspension without pay. During said period, the employee and/or Association may request and shall be entitled to a meeting with the Empioyer 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. 9.6 An empioyee to be questioned concerning an investigation of disciplinary action shail have the right to request that an Association Representative be present. 9.7 A grievance re{ating to this asticle shal{ be processed in accordance with the grievance procedure of this agreement in Article 11 and M.S. 179A.20, Subd. 4. This provision is not intended to abrogate rights of veterans pursuant to statute. ARTICLE 10. LEGAL SERVICES ♦ 10.1 Except in cases of malfeasance in office or wiilful or wanton neglect of duty, ; Employer shall defend, save harmless and indemnify employee against any tort claim or demand, whether groundless or otherwise, arising out of alleged acts or omission occurring in the pertormance or scope of employee's duties. z � 10.2 Notwithstanding (10.1), the Employer shaA not be responsible for paying any legal service fee or for providing any legal service arising from any legal action where the employee is the plaintiff. 0 �5-� ARTICLE 11. GRIEVANCE PROCEDURE 11.1 The Employer shall recognize stewards selected in accordance with Association rules and regulations as the grievance representatives of the bargaining unit. The AssociaYion shall notity 1he Employer in writing of the names of the stewards and of their successors when so named. i 11.2 It is recognized and accepted by the Employer and the Association that the processing of grievances as hereinafter provided is limited by the job duties artd responsibilities of the employees and shall therefore be accomplished during normal working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shall suffer no loss in pay when a grievance is processed during working hours, provided the � steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and fhat such absence would not be detrimentai to the work programs of the Employer. 11.3 The procedure established by this article shall be the sole and exclusive procedure for the processing of grievances, which are defined as an alleged violation of the terms and conditions ot this agreement. 11.4 Grievances shall be resolved in conformance with the following procedure: te 1. Upon the occurrence of an alleged violation of this agreement, the employee involved with or without the steward shali attempt to resolve the matter on an informal basis with the employee's supervisor. If the � matter is noi resolved to the employee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Association. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and relief requested. A�y alleged violatiort of the Agreement not reduced to writing by the Association within seven (7) workdays of the first occurrence of the event giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) workdays after receiving the written grievance, a designated Employer supervisor shali meet with the Association steward and atiempt Yo resolve fhe grievance. If, as a resu)f of this meeting, the grievance remains unresolved, the Empioyer shall reply in writing to the Association within three (3) workdays following this meeting. The Association may refer the grievance in writing to Step 3 within seven (7) workdays following receipt of the Employer's written answer. Any grievance not referred in writing by the Association within seven (� workdays following receipt of the Employer's answer shall be considered waived. � 10 q�-� • ARTICLE 11. GR�EVANCE PROCEDURE (continued): Steo 3. Within seven (7) workdays following receipt of a grievance referred from Step 2, a designated Empioyer supervisor shall meet with the Association's representative or his designated representative, the Employee, and the Steward, and attempt to resolve the grievance. Within seven (7) workdays following this meeting, the Employer shall reply in writing to the Association stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Association may refer the grievance to Step 4. Any grievance not referred in writing by the Association to Step 4 within seven (7) workdays following receipt of the Employer's answer shall be considered waived. SteD 4. if the grievance remains unresolved, the Association may within seven (7) workdays after the response of the Employer, request arbitration of the grievance. The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Association within seven (7) workdays after notice has been given. If the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Botfi the Emp4oyer and the Association shalt have the right to strike two (2) names from the panei. The Association shall strike the first (1st) name; the Employer shall then strike one (1) name. The ` process will be repeated and the remaining person shall be the �� a�bitrator. 11.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. The arbitrator shall consider and decide only ihe specific issue submitted in writing by the Employer and the Association, and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision 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, uniess the parties agree to an extension. The decision shail be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. The decision of the arbitrator shall be fina� and binding on the Employer, the Association, and the employees. 11.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equafry by the Employer and the Association, provided that each party shalf 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. 11.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Association. 11.8 It is understood by the Association and the Employer that if an issue is determined � by this grievance procedure, it shall not again be submitted for determination in another forum. If an issue is determined by any other forum, it shall not again be submitted for arbitration under this grievance procedure. 11 q5�� ARTICLE 12. WAGES 12.1 Effective December 25, 1993, all salary rates applicabie to 6ties in this bargaining unit sfial( be increased one percent (1%). 12.2 Effective December 24, 1994, all salary rates applicable to tities in this bargaining unif shall be increased two percent (2%). 12.3 The wage schedule is attached for purposes of reference only and is not a part of this contract. ARTICLE 13. SAVING CLAUSE i 13.1 This agreement is subject to the laws of the United States, the State of Minnesrota. In the event any provisions of this agreement shall be he►d to be contrary to law by a court of competent jurisdiction from whose final judgment or decree no appeal has been taken within the time provided, such provisions shall be voided. All other provisions shall continue in full force and effect. The voided provision may be renegotiated at the written request of either party. AII `t � other provisions of this agreement shali continue in full force and effect. ♦ � � i`a Q5 -� S ARTICLE 14. INSURANCE 14.1 The Employer wili coniinue for the period of this agreement to provide for employees such health and life insurance premium contributions as are provided by Employer at ffie time of execution of this agreement. 14.2 The Empioyer will for the period of this agreement contribute for full-time employees who retire after December 31, 1987, and who select a health insurance pian provided by the Employer and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $106.32 per month whichever is less. For such retirees selecting family coverage the Employer will provide the cost of such contributions or $318.41 per month, � whichever is less. This provision shall not be a,pplicable for emplovees �gpointed after Januarv 1. 1990. � 14.2.1 For fuli-time employees appointed after January 1, 1990, to a title in this bargaining unit, the Employer will, for the period of this agreement, provide for such employees who retire after the execution of this agreement, and who select a health insurance plan provided by the Employer, and until such retirees reach sixty-five (65) years of age, health insurance premium contributions up to the doilar amount per month provided by the Employer in the last month of active service of the employees. 14.3 The Employer will for the period of this agreement provide for half-time � empioyees who retire after the time of execution of this agreement and until such � employees reach sixty-five (65) years of age fifty percent (50%) of such ` health insurance contributions as are provided by the Employer for full-time employees who retire under this agreement. 14.4 Employees who retire after the execution of this agreement must meet the following conditions at the time of retirement to be eligible for the District contributions to health insurance set forth in Article 14.2 and 14.3. 14.4.1 Be receiving beneEits from a public employee retireme�t act at the time of retirement. AND 14.4.2 Have severed the employment relationship with Independent School District No. 625 under one of the early retiree plans. � 14.5 Effective January 1, 1989, in addition to meeting the eligibility requirements stated in 14.4.1 and 14.4.2 above, retiring employees must also meet the v following condition in order to be eligible for the early retiree insurance benefits set forth in Article 14.2 and 14.3. 14.5.1 Must be at least 58 years of age and have completed twenty-five (25) years of employment with Independent School District No. 825/Ciry ofi Saint Paul OR The combi�ation of their age and their years of service must equal eighty-five (85) or more. OR � Must have completed at least thirty (30) years of service. 13 q5-� ARTICLE 14. INSURANCE {continued): 14.6 Effective January 1, 1989, full-6me employees who retire and who meet the conditions set forth in 14.4.1 and 14.42 but who meet none of the conditions set forth in 14.5.1, shali be eligible for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be etigi6le for such contrbution until they reach sixty-five (65) years of age. Combination of Age and Years of Service Contribution for Sinqle Coveragg Contribution for �miN Coveraae 84 83 82 81 80 90% 80% 70% 60% 50% 90% 80% 70% 60% 50% 14.7 For employees hired prior to January 1, 1982, who retire at age sixty-five (65j or older, the Employer wili provide health i�surance premium conVibutions toward employee health insurance pians as are provided for by the employer for reGrees sixty-five (65) years of age or older as approved by Board of Education action. 14.8 For employees hired on or after January 1, 1982, who retire at the age of sixty-five (65) or older or for early retirees upon reaching age sixty-five (65), and who have completed at least twenty (20) years of service with the DistricUCity at the time of their re6rement, the Employer will provide health insurance premium contributions toward employee health insurance pla�s as are provided by the Employer for retirees sixty-five (65) years of age or older as approved by Board of Education action. For such empioyees or eariy retirees who have not completed at least twenty (20) years of service with the DistricUCity at ihe time of their reYirement, the Employer wil! discontinue providing any health insurance contributions upon their retirement or in the case of early retirees upon reaching age sixty-five (65). For purpose of this article, empioyment in either the City of Saint Paul or Independent Schooi District No. 625 may be counted in meeting the twenty (20) year requirement, except for service prior to a resignation. 14.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a DistricVCity retiree or DistricUCity employee and eligibie for and is enrolled in the DistricVCitv health insurance aroaram. C.� L� � s 14 G5-� � ARTICLE 14. INSURANCE (continued): 14.10 For each eligibie employee covered by this agreement who is empioyed full-time and who selects employee insurance coverage, the Employer agrees to conUibute the cost of such coverage or $142 per month, whichever is less. For each fuli-time employee who seiects family coverage, the Employer will contribute the cost of such family coverage or $247 per month, whichever is less. 14.10.1 Effective July 1, 1994, the contribution limits specified in Section 14.10 above are amended to a mauimum contribution of � $155 per month for employee coverage, or a maximum contribution of $260 per month for family coverage. 14.10.2 Effective January 1, 1995, the contribution limits specified in Section 14.10.1 above are amended to a mauimum contribution of $170 per month for employee coverage, or a maximum contribution of $275 per month for family coverage. � � � . 14.1 t For the purpose of this Article 14, fuli-time employment is defined as appearing on the payroll at least thirty-two (32j hours per week or at Ieast sixiy-four (64) hours per pay period excluding overtime hours. Half-time employment is defined as appearing on the payroll at least twenty (20) hours but less than thirty-two (32) hours per week or at least forty (40) hours but less than sixty-four (64) hours per pay period excluding overtime hours. 14.12 For each eligible employee covered by this agreement who is employed half-time who selects employee insurance coverage, the Employer agrees to contribute fifty percent (50%) of the amount contributed for tuil-time employees selecting employee coverage in the same insurance plan. For each half-time employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance plan. 14.13 Effective until December 31, 1994: The District agrees to contribute the cost of life insurance. The amount of life insurance provided under this Articie 14.13 shall be equal to the employee's annual salary to the nearest full thousa�d dollars. This amou�t of life insurance shall be reduced to $5,000 upon retirement and shall continue until the early retiree reaches age sixty-five (65), at which time all empioyer paid life insurance shall be terminated. For the purpose of this Article 14.13, the employee's annual salary shall be based on the salary as of the first day of the first payroll period in each fiscal year of this agreement. This provision terminates after December 31, 1994. 14.13.1 Effective January 1, 1995: The District agrees to contribute a maximum of $15 per month tor each eligible employee for life insurance coverage. The amount of life insurance provided under this Article 14.13.1 shall be $50,000. This amount of life insurance shall be reduced to $5,000 upon early retirement and shall continue until the early retiree reaches age sixty-five (65), at which time the Employer paid life insurance shall be terminated. t5 `1 � "� ARTICLE 14. INSURANCE (continued): 14.14 Effective January 1, 1994, the Empioyer will contribute for each eligibie empioyee covered by this agreement who is employed full 6me toward participation in a dental care plan offered by the Empfoyer up to $20 per month tor employee coverage. 14.14.7 EffecGve July 1, 1994, the Employer will contribute for each eligible empioyee covered by this agreement who is employed full time toward participation in a dental care plan offered by the Employer up to $26 per month for employee coverage. � 14.14.2 Effective January 1, 1995, the Employer will contribute for each eligible empioyee covered by this agreement who is employed full time toward participation in a dental care plan offered by the Employer up to $30 per month for employee coverage. 14.15 The contributions indicated in this Article 14 shall be paid to the Empioyer's group health and welfare plan. 14.16 Any cosi of any premium for any District-offered employee or family insurance coverage in excess of the doilar amounts stated in this Article 14 shail be paid by the employee. 14.17 It is the intent of the Empioyer to maintain during the term of this agreement a � plan for medical and child care expe�se accounts to be available to employees in this bargaining unit who are eligible for Employer-paid premium contrbution for health insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. • 16 ���� � ARTICLE 15. VACATION 15.1 In each calendar year, each full-time employee shall be granted vacation according to the following schedule: Years of Service First year through completion of 8 years After 8 years through completion of 15 years After 15 years and thereafter a 15.2 15.3 Vacafion Granted 15 days 20 days 25 days Employees who work less than fuil time shall be granted vacation on a pro rata basis. The head of the department may permit an employee to carryover into the to{lowing year up to one fiundred and tweniy (120} hours of vacation. The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subdivision H. 15.4 If an employee has an accumufation of sick teave credits in excess of one hundred and eighty days, he/she may convert any part of such excess to vacation at the � rate of one-half (1/2)-day's vacation for each day of sick leave credit. No employee may convert more then ten (10) days of sick leave in each calendar year under this provision. � u � 17 q�-� ARTICLE 16. HOLIDAYS � 16.1 Holidays Recognized and Observed: The following days shall be recognized and observed as paid holidays: New Years Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christrnas Day Two floating holidays. Eligible employees shall receive pay for each of the holidays listed above on which they perform no work. Whenever any of the holidays listed above shall fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shail be observed as the holiday. ♦ 16.2 The floating holidays set forth in Section 16.1 above may be taken at any time during the contract year, subject to the approval of ihe department head of any employee. � 16.3 Eligibility Requirements: In order to be eligible for a hotiday with pay, an emptoyee's name must appear on the payroll on any si�c (&) working days of the nine (9) working days preceding the holiday or an empioyee's name must appear on the payroli the last working day before the holiday and on three (3) other working days of the nine (9) working days preceding the holiday. In neither case shalt the holiday be counted as a working day for the purposes of ihis section. It is further understood that neither temporary nor other employees not heretofore eligible shall receive holiday pay. 16.4 If Martin Luther King Jr. Day, Presidents' Day, Columbus Day or Veterans' Day falis on a day when school is in session, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shall be a day determined by agreement between the employee and the supervisor. 16.5 Notwithstanding Articie 16.1 and 16.4 above, the Employer may at any time during the life of this agreement designate the day after Thanksgiving as a paid holiday. In the event of such designation, either Martin Luther King Jr. Day, Presidents' Day, Columbus Day, or Veterans' Day shall be deleted from the paid holidays list as set forth in Article 16.1. L� 18 ���� • ARTICLE 17. MILEAGE - INDEPENDEM SCHOOL DISTRICT NO. 625 17.1 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 following 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 monih is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishing the maximum amount can be ttie 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. ARTICLE 18. NON-DISCRIMINATION � 18.1 The terms and conditions of this agreement will be applied to empfoyees equaily without regard to or discrimination for or against any individual because of race, color, creed, sex, age, or because of inembership or non-membership in the Association. 18.2 Employees will perform their duties and responsibilities in a non-discriminatory manner as such duties and responsibilities involve other employees and the general public. c� �- C J 19 q5-� ARTICLE 19. PARENTAUMATERNITY LEAVE t 9. t Maternity is defined as the physicaf siate 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 apply 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. a 19.2 Parental leave shail be granted to empioyees for the birth or adoption of a child in accordance with appticable state and federat laws. ♦ ARTICLE 20. SICK LEAVE 20.1 Employees shall accumulate sick leave credits at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave shall be granted in accordance with the Civil Service Rules. 20.2 Any employee who has enough accumulated sick leave credits may be granfed sick leave to make arrangements for househoid members who suddeniy become sick or � disabled. in such cases, the maximum amount of sick leave that may be granted shall be eight (8) hours for any one (1) instance, and a maximum of twenty-four {24) hours in a calendar year. 20.3 Any employee who has accumulated sick leave credits, as provided in the Civil Service Rules, may be granted one (1) day of sick leave to attend the funeral of the employee's grandparent or grandchild. ARTICLE 21. WORK STOPPAGE 21.1 The Association and the Employer agree that there shall be no strikes, work stoppages, slow-downs, sit-down, stay-in or other concerted interference with the Employer's business or affairs by any of said Association and/or members thereof, and there shall be no bannering during existence of this agreement without first using ail possible means of peaceful settlement of any controversy which may arise. Employees engaging in same shall be liable for disciplinary action. � 20 �5 -� . ARTICLE 22. DURATION AND EFFECTIVE DATE 22.1 Except as herein provided, this agreement shall be effective as of January 1, 1994, and shall coniinue in full force and effect through December 31, 1995, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this agreement shall notity the other in writing so as to comply with the provisions of fhe Public Emptoyment Labor Relations Act of 1971, as amended. 22.2 This constitutes a tentative agreement between the parties which will be recommended by the Negotiations/Labor Relations Manager, but is subject to the approval of the Board of Education of Independent School District No. 625 and is • a(so subject to ratification by the Association. WtTNESSES: SCHOOL DISIRICT NO. 625 � � LJ � �� c�--c� � _�Z Relations Ana THE CITY OF SAINT PAUL PROFESSIONAL EMPLOYEES ASSOCIATION, INC. sident, .E. . ( Negotiator, P.E.A. ���-- /� �yl� �te 2, �. . .=_ _ ���� C� � n � Q APPENDIX A TITLES AND SALARIES Effective A B C D E F G �O YEAR i5 YEAR Grade 3 Library Specialist Public Information Specialist 1 72-25-93 999.19 7.039.17 1,080.07 1,134.70 1,190.36 1,251.34 1,313.34 1,35324 1,391.08 12-24-94 7,019.17 1,059.89 1,101.67 7,157.39 1,274.17 12�6.37 1,339.61 1,380.30 1,418.90 Grad Graphic Artist I Management Assistant I 12-25-93 1,061.17 1.7 03.21 1,14522 1, 205.08 1,263.92 1.326.97 1.392.11 1.434.15 1,475.11 12-24-94 1,082.39 1,125.27 1,168.12 1.229.18 1,28920 1,353.51 1.419.95 1.462.83 1, 504.61 Grade 7 Accountant I Librarian I Public Information Specialist II Research Analyst I 12-25-93 1,123.14 1,768.32 1,216.68 7,276.52 1,341.69 1,408.96 1,478.27 1,522.39 1,566.52 12-24-94 1,145.60 1,197.69 1,241.01 1,302.05 1,368.52 7,437.14 1,507.84 1,552.84 7,597.85 Gra e S Assistant Food Production Manager 12-25-93 7,157.81 1,205.08 1,253.42 1,315.44 7,379.50 1,449.91 1,522.31 1,568.63 1,613.79 12-24-94 1,780.97 1,229.18 7,278.49 l,341.75 1,407.09 1,478.97 1,552.76 7,600.00 1,646.07 Gra e 9 Graphic Artist II Landscape Architect t Management Assistant II 12-25-93 1,191.45 7,240.83 72-24-94 1,215,28 1,265.65 1,290.19 1,354.32 1,422.57 7,494.05 1,568.63 7,613.79 1,661.08 1,315.99 1,381.41 1,451.02 1,523.93 1,600,00 1,646.07 1,694.30 R Grade 10 "Graphic Artist II Research Analyst II Training Specialist 12-25-93 1.229.28 7.276.52 1,326.97 7 2-24-94 1.253,87 1,302.05 1,353.51 � 1,39421 1,464.67 1,538.15 7,673,79 1.663.19 1,712.57 1,422.09 1,493.90 1,568.97 1.646,07 1,696.45 1,746.82 A1 q5�� APPENDIX A (continue�: Effective A B C D E F G 10 YEAR 15 YEAR rde11 Accountant II Architect I 12-25-93 1,264.99 1,316.46 72-24-94 1.290.29 1,342.79 1,369.00 1,43729 1,508.74 1,585.46 1,663.19 1,709.40 1,764.06 1,396.38 1,466.04 1,538.91 1,617.17 1,696.45 1,743.59 1,799.34 Grade 12 EDP Systems Analyst I Environmental Safety Specialist Food Production Manager Food Service Manager Value Analyst I 12-25-93 1,303.85 1,355.35 1,409.96 1,479.33 1,553.92 1,631.68 1,712.57 1,766.7 5 1,81 fi.62 12-24-94 7,329.93 1,382.46 7.438.16 1.508.92 1.585.00 1.664.31 1.746.82 1.807.4� 1.852.95 Grade 13 Landscape Architect II Librarian II Management Assistant III 12-25-93 1,342.72 1,39529 72-24-94 1,369.57 1,423.20 Grade 14 Graphic Artist 111 Research Analyst III 12-25-93 1,382.65 1,43729 72-24-94 1,470.30 1,466.04 7.452.03 1, 525.57 1, 599.08 1,679.99 1,766.7 5 1, 817.64 1, 869.11 7,481.07 1, 556.08 1,631.06 1,713.59 1,801.47 1, 853.99 1, 906.49 1, 495.07 1, 569.70 1, 649.54 1,730.44 1, 817.64 1, 87122 1, 926.93 1,524.97 1,601.09 1,682.53 1,765.05 1,853.99 1.908.64 1,965.47 Grade 15 Accountant III Architect II Maintenance and Capital Improvement Planner 12-25-93 1,424.70 1,482.48 1,54026 1,615.93 1,697.86 12-24-94 1,453.� 9 1,512.13 1.571.07 1.64825 1,731.82 1.781.91 1,871.22 1,929.07 7,985.75 1,817.55 1,908.64 1,967.59 2,025.47 Grade 16 EDP Systems Malyst II Value Analyst II 12-25-93 1,467.76 1,526.63 1,586.54 t,666.37 1,749.34 1,836.54 1,929.01 1,985J5 2,043.52 12-24-94 1,497.12 1,557.76 1.61827 1,699.70 1,784.33 1,87327 1,967.59 2,025.47 2,084.39 � � � 1 r . # A2 � q�-� � APPENDIX A (continuec�: Effective A B C D E F G �0 YEAR 15 YEAR ra e 1 Landscape Architect III 12-25-93 1,557.08 7,618.00 1.682.10 1,76823 1,855.48 1,950.01 2,046.66 2,108.66 2,767.51 12-24-94 7,58822 7.650.36 1.7�5.74 1,603.59 1,892.59 1,989.01 2,087.59 2.150.83 2,210.86 Grade 20 , Architect III EDP Systems Analyst III 'Mechanical Engineer III T Research Analyst IV 12-25-93 1,651.65 1,777.63 1,786.11 1,875.43 1,968.93 2,067.69 2,170.68 2,234.75 2,300.94 12-24•94 1,684.68 1,752.19 1,821.83 1,912.94 2,008.31 2,109.04 2,214.09 2.279.45 2.346.96 Gra e 22 Data Base Coordinator 12-25-93 7,751.43 1,820.79 1,894.35 1,988.88 2,088.72 2,192.70 2,301.97 2,371.34 2,440.65 12•24•94 7,786.46 1.857.21 1.93224 2,028.66 2.130.49 2,236.55 2.348.01 2,418.77 2.489.46 (� i `This title abolished except as to present incumbents. "This title in this grade abolished except for present incumbents. 1 R � A3