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95-83CouncilFile� i �+ � �� GreenSheet#t ��'G � tLUI'lUN /� PAUL, MINNESOTA Presented Reiersed To Committee: Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and 2 ratifies the attached May, 1994 - April, 1996 Agreement between the Independent School 3 District No. 625 and the Tri-Council, Locals 49, 120, and 132. Requested by Department of: O�ce of Labor Relations �� :�` - ---- —. _ `� � Fo pproved ity Attorney By: � �pproved by Mayor for Submission to Council 8 ��� �� Adopted by Council: Date � � � . `� `�_ � � Adoption Certified by Council Secretary 95- g3 '� OEPARTMENT/OFFICE/COUNCIL DATE INRIATED N� 2 7 8 61 T.AR RELATIONS 1-12-95 GREEN SHEET CANTACTPERSON 8 PHONE INITIAL/DATE INITIAVDATE � DEPARTMENT DIRECfOH � CIN CAUNCIL MARY REARNEY �wx �CffYATfOflNEY �—�� OpTYCLERK NUNBERFOR MUST BE ON COUNCIL ACaENDA BV (DAT� pOUTING n BUDGEf DIRECTOR � FlN. & MC�T. SERVICES DIFi. ORDEP }� MAYOR (OR ASSISTAIJn � TOTAL # OE StGNATURE PAGES 1 (CLIP ALL LOCATIONS POR SIGNATURE) / ACTION REQUESTED: This Resolution approves the attached May, 1994 r April, 1996 Agreement between the Independent School District No. 625 and the Tri-Council, Locals 49, 120 and 132. RECOMMENOATIONS: Approve (A) or Reject (R) PERSONAL SERVlCE CONTRACTS MUST ANSWER THE FOLLOWING QUESTI�NS: _ PLpNNING COMMISSION _ CIVIL SERVICE CqMMISSION �� Has this personttirm ever worked untler a contrac[ for this department? _ CIB COMMITTEE _ YES NO 2. Has this person/firm ever been a city employee? _ STAFF — YES NO _ DiSrRICr COURi _ 3. Does this persontl+rm ess a skdl trot norma�l poss y possessed by any current city employee? / SUPPOflTS WHICH COUNqL O&lECTIVE'+ YES NO Explain alt yes answers on separate sheet and attaeh to green sheet INITIATING PROBLEM, ISSUE, OPPORTUNIN (Whn, Wl�at, When, Where, Why): See attached summaries. These Agreements pertain to the Board of Education employees only. ��G�b�/EC9 ffJAI� 13 1995 ADVANTAGES IFAPPROVED �J��hl�� i �����f�E �ti V ��93Va� +...i"a�.�.._8si{ bJ$i��iV6 �1 Fa,� � � tJJ� DISADVANTAGESIFAPPROVED: '�-_--�._.r......�_�„,,,,�s,. _ .,",u"A RECEIVED yJ�N 1�,1995 DISADVANTAGES IF NOTAPPROVED: TOiAL AMOUNi OF TRANSACTION $ COST/REVENUE BUDGETED (C�RCLE ONE) VES NO FUNDIIdG SOURCE AC7IVITY NUMBEH FINANqAL INFORMATION. (EXPLAIN) q5-$3 �:�ll� I <�� _ ���: •1 l L — NEGOTlAT/ONS/LABOR RELAT/ONS OFF/CE Sa1nt Paul Publlc Schoo/s Sa/nt Paui, M/nnesota MEMORANDUM TO: Mary Kearney Ciiy - Office of Labor Relations FROM: Phyllis E. Byers �Y Richard Kreyer ��' � DATE: SUBJECT: January 5, 1995 Labor Agreement between Independent School District No. 625 and Tri-Council, Locals 49, 120 and 132 Enclosed are three copies of the above contract for the duration of May 1, 1994 through April 30, 1996. Also, enclosed is a copy of the agenda request approved by the Board of Education on November 15, 1994. /Ic Enclosures - 4 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: November 15, 1994 TOPIC: Approval of an employment agreement understanding with the Tri-Councit, Local exclusive representatives for drivers, grounds heavy equipmeni operators. A. PERTINENT FACTS: �5-$3 and memorandum of s No. 49, 120, and 132, and labor employees and Term of the contract is iwo years irom May 1, 1994 through Apri{ 30,1996. 2. Contract changes include: SAFETY SHOES: District will reimburse up to $60 fa one pair of safety shoes per year. � �:. :: :. Language clar'rfication to address circumstances when the employee is required to work beyond the normal workday. � :_� . -< � � . r-_� - - _u •� �..i.� Effective January 1, 1995: Empbyee coverage maximum - increased by $10. Family coverage maximum - increased by $20. Effective January 1, 1996: No change in Employer contribution. Effective May 1, 1996: Any premium increase which may be negotiated for the 199697 contrect year wiil be made effective wfth the beginning of the new contract. �- � _ -� - E�fective December t, 1994, Distrid wiii raise coverage to a total of $25,000 with an Empbyer premium contribution maximum of $6.32 per month. VACATION Effective at the end of 1994, the department head may permit an employee to carryover up to one hundred twenty (120) hours of vacation into the following vacatan year. Empbyment Agreement: Tri-Council Locals No. 49, 120 and 132 Page Two 2. Contract changes (continuecn: HOLIDAYS: November 15, 1994 95-83 Language clarification regarding minor holidays when scFwol is in session. r�r���� New language descn'bes how the rate of pay for sick leave, vacation and holidays will be determined when an employee is worldng in muftiple titles. Effective Aprii 30, 1994: 12% increase on all rates. Effective April 29, 1995: 2.0°k increase on all rates. Distrid will equalize rates for Labor Crew Leader and Grounds Crew Leader. Premium Pay: Several premium pay rates are revised, and a new premium is established for assignment to apply regulated chemicals (pesticides, etc.). 3. The District has 19.8 F.T.E. (approximately 30 regular employees, many of whom are empbyed in this bargaining unit for seasonal assignments). 4. 5. Memorandum of Understandina: A separate memorandum establishes a irial period for a process of bidding for primary crew assignment. Requested by Phyllis E. Byers, Negotiations/Labor Relations Manager; and Wiiliam A. Larson, Assistant Superintendent, Fiscal Affairs B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement and Memorandum of Understanding concerning the terms and conditions of employment of those employees in this school district for whom the Tri-Council, Locals No. 49, 120, and 132 is the exclusive representative; duration of said Agreement is for the period May 1, 1994 through April 30, 1996. °�5-83 � R MAY 1994 through APRIL 1996 COLLECTIVE BARGAINING AGREEMENT between � INDEPENDENT SCHOOL DISTRICT NO. 625 Saint Paul Public Schools and THE TRI-COUNCIL LOCAL 49, LOCAL 120, AND LOCAL 132 ����� � PUBLIC SCHOOLS ��FELONG LEARNING ! ����� d� ���b � PUBLIC SCHOOLS LlFELOHG LEqRN/HG SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Greg Filice - Chair Biil Carison - Director Mary Thornton Phillips - Vice Chair Tom Conlon - Director Choua Lee - Clerk Becky Montgomery - Director Marc Manderscheid - Treasurer Administration: Curman L. Gaines - Superintendent Julio Almanza - Assistant Superintendent, � P{anning and Support Services Maureen A. Fianagan - Assistant Superintendent, Administration and Government Relations Wiliiam A. Larson - Assistant Superintendent, Fiscal Affairs and Operations Caroi M. Sorenson - Assistant Superintendent, Teaching and Learning � ii C� INDEX . ARTICLE TITLE Principles ............... .................................................. qs-g3 PAGE v '� j \._J 1 . Recognition ................................................................................ 1 2. Maintenance of Standards .......................................................... 2 3 . Union Rights .............................................................................. 2 4 . Payroll Deduction ...................................................................... 3 5 . Management Rights .................................................................... 3 6 . Safety ......................................................................................... 4 7. Discipiine Procedure ................................................................ 5 8. Hours, Premium Pay ................................................................ 6 S. {nsurance ................................................................................... 7 10. Employee Rights - Grievance Procedure .................................. 1 1 11 Seniority ................................................................................... 13 12 Vacations .................................................................................... 14 13. Holidays ..................................................................................... 15 14 Jury Duty .................................................................................. 16 15 Severance Pay ........................................................................... 1 7 16 Wages ......................................................................................... 21 17. Savings Clause ........................................................................... 2 1 18 Jurisdiction ............................................................................... 21 19 . Sick Leave .................................................................................. 2 2 20. Parental/Maternity Leave ........................................................ 23 21 . Legai Services ........................................................................... 2 3 22. Strikes, Lockouts, Work Interference ...................................... 23 23. Terms of Agreement .................................................................. 25 AppendixA .............................................................................. A 1- 3 AppendixB .............................................................................. B 1- 2 � � q 5-83 � • PRINCIPLES This Agreement is entered into to facilitate the adjustrnent of grievances and disputes between the Employer and employees to provide, insofar as possible, for the continuous employment of labor and to establish necessary procedures tor the amicab{e adjustment of all disputes which may arise between the Employer and the Union. The Employer and the Union encourage the highesi possible degree of practical, friendly, cooperative relationships between their respective representatives at all levels. The officials of the Empioyer and the Union realize that this goal depends primarily on cooperative attitudes between people in their respective organizations and at all levels of responsibility, and that proper attitudes must be based on fuil understanding of and regard for the respective rights and respons+bilities of both the Employer and the employees. There shall be no discrimination against any employee by reason of race, color, creed, sex or Union membership. The Empioyer and the Union affirm their joint opposition to any discriminatory practices in connection with empioyment, promotion or training, remembering that the pu6lic interest remains in full utitization of employees' skitl and ability without regard to consideration of race, color, creed, nationai origin, age or sex. . �5-83 � ARTICLE 1. RECOGNITION 1.1 The Employer recognizes the Union as the sole and exclusive collective bargaining agency for ali employees who have been certified by the State of Minnesota, Case No.89-PR-2347, as follows: Ali employees in the ciassifications of: Heavy Equipment Operator Schoo{ Grounds Crew Leader School Labor Crew Leader School Service Worker Abolished titles formerly recognized as exclusively represented by the Union: � 'Asphalt Raker 'Asphalt Shove{er 'Buiiding Laborer *Driver Operator Forestry Crew Leader Garden Laborer Gardener Grounds Crew Leader *Groundsworker Jackhammer Operator Labor Crew Leader Mortar Mixer 'Plasterer's Tender Sno-Go Operator Stores Laborer Sweeper Operator Tamper 'Tractor Operator i Tractor Operator II 'Tree Trimmer I 'Tree Trimmer N Tree Worker Truck Driver 'Unskilled Laborer who work more than fourteen {14) hours per week and more than sixty-seven (67) workdays per year, excluding supervisory, confidential, temporary, and empVoyees exclusively represented by other labor or empioyee organizations. The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this agreement shail be recognized as a part of this bargaining unit, and the parties shall take all sieps required under the Public Empioyment Labor Relations Act to accompfish said objective. • 1.2 The Employer agrees not to enter into any contractually 6inding agreements with any employee or representative not authorized to act on behalf of the Unio�. ' There shall be no individuai agreements with any employees that conflict with the terms of this agreement, and any such agreement or contract shall be null and void. � 1 AR7ICLE 2. NL4INTENANCE OF STANDARDS 2.1 The parties agree that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and all other general working conditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules of the City of Saint Paul and the Saint Paul Salary Plan and Rates of Compensation at the time of the signing of this agreement, and the conditions of employment shaii be improved wherever specific provisions for improvement are made elsewhere in this agreement. � ARTlCLE 3. UNlON RIGHTS 3.7 The Union may designate employees from within the bargaining unit to act as Stewards and shall inform the Employer in writing of such designations. Such employees shall have the rights and responsibilities as designated in Article 10 (Grievance Procedure). There shall be no more than one steward from each local invoived in any one specific grievance. 3.2 3.3 There shall be no deduction of pay from stewards when directly involved in meetings with management during working hours for grievance procedures. Designated union representatives shall be permitted to visit employees on job sites and at department buildings during working time. � � � �s -83 � ARTICLE 4. PAYROLL DEDUCTION 4.1 The Employer shall, upon request of any employee in the unit, deduct such sum as the Union may specify for the purposes of initiation fees and dues to the Union, providing the Union uses its best efforts to assess such deductions in as nearly uniform and standard amounts as is possible. The Employer shall remit monthly such deductions to the appropriate designated Union. 4.2 in accordance with M.S. 179.65, Subd. 2, the Employer agrees that upon notification by the Union, the Empfoyer shalf deduct a fair share fee from alf certified employees who are not members of the exclusive representative. In no instance shatl the requised contribution exceed a pro rata share of the specitic expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. 4.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituted against the Employer, its officers or employees, by reason of negligence of the Union in requesting or receiving deductions under this article. The Empioyer will indemnify, defend, and hold the Union harmless against any claims made and against any suits instituted against the Union, its officers or employees by reason of negligence on the part of the Employer in making or forwarding deductions under this article. � ARTICLE 5. MANAGEMENT RIGHTS 5.1 The Union recognizes the right of the Employer to operate and manage its affairs in ail respects in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this agreement are retained by the Employer. 5.2 A pu6lic 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 overall budget, utilization of technology, and organizational structure and selection and direction and number of personnei. � ARTICLE 6. SAFETY � 6.1 Accident and injury-free operations shaii be the goal of the Employer and ail employees. To this end, the Employer and employee will, to the best of their ability, abide by and live up to the requirements of the several State and Federal Construction Safety Codes and Regulations. 6.2 To this end, the Employer shall from time to time issue rules or notices to his empioyees regarding on-the-job safety requirements. Any emptoyee violating such rules or notices shall be subject to disciplinary action. No employee may be discharged for refusing to work under unsafe conditions. 6.3 Such safety equipment as required by governmental regulation shatl be provided without cost to the employee. At the Employer's option, the empioyees may be required to sign for safety equipment and shall be obligated io 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 withhoid the cost of such safety equipment if not returned. 6.4 The Employer agrees to pay $60 annually toward the purchase of one pair of safety shoes purchased by an employee who is a member of this unit. The Employer shall contribute to the cost of one pair of shoes per year and shall not be responsibie for any additional cost for any additional shoes during that year. This reim6ursement shall be made only after investigation and approval by the immediate supervisor of that employee. This contribution to be made by the Employer shall apply only to those employees who are required to wear � protective shoes or boots by the Employer. � 4 qs-�'3 � ARTICLE 7. DISCIPLINE PROCEDURES 7.1 The Employer will discipline emptoyees for just cause onty. Discipline will be in the form of: a) Oral reprimand; b ) Written reprimand; c ) Suspension; d) Reduction; e) Discharge. 7.2 Suspensions, reductio�s, a�d discharges wiil be in written form. 7.3 A notice in writing of suspensions, reductions, and discharges shall be sent to the � employee and the Union within seventy-two (72) hours after such action is taken. 7.4 Discharges will be preceded by a five (5)-day preliminary suspension without pay. During said period, tfie emptoyee andlor Union may request, and shall be enGtled to a meeting with Employer representative who initiated the suspension with intent to discharge. During said five (5j-day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 7.5 Grievances relating to this articie may be processed in accordance with the � grievance procedure under Article 10, or under Civit Service grievance procedures, but not both. Oral reprimands shall not be grievable. 7.6. Employees who are unable to report for their normai work day have the responsibility to notify their supervisor of such absence as soon as possible, but in no event later than one-half (t/2) hour before the beginning of such work day. 7.7 Failure to make such notification may be grounds for discipline. ❑ i � by ARTICLE 8. HOURS, PREMIUM PAY 8.1 The normal workday shall be eight (8) consecutive hours per day, ezcludi�g a thirty (30)-minute lunch period. The normal work week shall be five (5) consecutive normal workdays in any seven (�-day period. (For employees on a shift basis this shall be construed to mean an average of forry [40] hours a week.) 8.2 Eucept in cases of emergencies, the Employer shall notify the affected Union of an intention to change a shift at least twenty-four (24) hours prior to the beginning of the new shift. 8.3 Employees shall report to work location as assigned by a designated Employer supervisor. During the normal workday, empfoyees may be assigned to other work locations at the discretion of the Employer. 8.4 Cail-in Pav: When an employee is called to work, he/she shall receive two (2) hours of pay if not put to work. If he/she is catled to work and commences work, he/she shall be guaranteed four (4) straight-time hours of pay. 8.5 Overtime: Time on the payroll in excess of the normal hours set forth above shali be "overtime work" and shalt be done only by order of the head of the department. An employee shall be recompensed for work done in excess of the normal hours by being granted compensatory time on a time-and-one-half basis or by being paid on a time-and-one-half basis for such overtime work. The basis on which such overtime shali be paid shall be determined solely by 2he Employer. The time-and-one-half overtime rate shail be based on the total rate, including any premium pay, being earned during the overtime hours worked, 8.6 A premium pay of fifty cenfs (50¢) per hour shall be paid for all swing stage work, such as work performed from a boatswain's chair or a swing scaffold or hazardous work that requires the use of a safety belt fifty (50) feet or more above the ground. Ail standard safety laws shall be complied with. 8.7 The work break shall not exceed fifteen (15) minutes from the time the employee stops working until he/she resumes work, and shall be taken in close proximity of the employee's work station. 8.7.1 An employee shall be allowed one fifteen (15) minute rest break during each four (4)-hour period worked during the employee's normal workday. Any employee required to remain at work following the completion of an eight (8)-hour workday shail be allowed a fifteen (15) minute break at approximately two (2) hours after the end of his/her normal workday, and after the completion of every four (4) hours of work thereafter. � � � � � s _�3 � ARTICLE 9. INSURANCE 9.1 The insurance plans, premiums for coverages and benefits contained in the insurance pians offered by the Employer shall be solely controlled by the contracts negotiated by the Employer and the benefit providers. The Employer will attempt to prevent any changes in the benefits offered by the benefit p�oviders. However, the employees selecting the offered plans agree to accept any changes in the benefits which a specific provider implements. IRS rules and regulations shall govern the Employer provided health and welfare benefit program. � 9.2 For each eligible employee covered by this agreement who is employed full time and who selects employee health insurance coverage, the Employer agrees to contribute tt�e cost of such coverage or $165 per month, whichever is fess. �' Effective January 1. 1995, the $165 per month maximum Employer contribution shafl be increased to $175 per moMh. For each full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $265 per month, whichever is less. Effective January 1. 1995, the $265 per month maximum Employer contribution shail be increased to $295 per month. Effective May 1, 1996: Any premium increase which may be negotiated with the exclusive representative for the 1996-97 contract year will be made effective at May 1, 1996. � 9.3 For the purpose of this article, full-Ume employment is defined as appearing on the payroll at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period excluding overtime hours. 9.4 For each eligible employee covered by this agreement who is employed half time who selects employee insurance coverage, the Employer agrees to contribute tifty percent (50%) of the amount contributed for full-time employees selecting emp{oyee coverage in the same insurance pfan. 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. , For the purpose of this article, half-time employment is defined as appearing on � the payroil 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. An empfoyee will be considered haff time only if such employee is assigned to a position which is regulariy assigned half-time hours. �� F ARTICLE 9. INSURANCE (continuecn 9.5 For each eligible employee, the Employer agrees to contribute the cost of $5,000 of life insurance coverage. 9.5. t Effective May 1, 1993, for each eligible employee, the Employer agrees to contribute to the cost of $15,000 life insurance coverage in addition to the basic $5,000 coverage described in 9.5 above; this brings total life insurance coverage to $20,000. The total premium contribution by the Employer for all life insurance coverage shall not exceed $5.00 per month. 9.5.2 Effective December i, i994, the totat life insurance coverage wiif be increased to $25,000, and total premium contribution shali not exceed $6.32 per month. 9.6 The Employer will for the period of this agreement provide for full-time employees who retire after the time of execution of this agreement and until such employees reach sixty-five (65) years of age such health and $5,000 basic life insurance premium contributions as are provided by the Employer for active employees under this agreement. 9.7 The Employer will for the period of this agreement provide for half-time employees 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 heaith insurance contributions and fifty percent (50%} of such $5,000 basic life insurance contributions as are provided by the Employer for full-time employees who retire under this agreement. 9.8 Empioyees who retire must meet the following conditions at the time of retirement to be eligible for the Employer contributions to health insurance set forth in Articles 9.6 and 9.7. 9.8.1 Be receiving benefits from a public employee retirement act at the time of retirement A, N�f 9.8.2 Have severed his/her relationship with the City of Saint Paul and Independent School District No. 625 under one of the early retiree plans. 9.9 In addition to meeting the eligibility requirements stated in 9.8.1 and 9.8.2 above, refiring employees must also meei the following condition in order to be eligible for the early retiree insurance premium contributions set forth in Articles 9.6 and 9.7. 9.9.1 Must be at least fifty-eight (58) years of age and have completed twenty-five (25) years of employment with the City of Saint Paul or Independent School District No. 625 � The combination of age and years of service must equal eighty-five (85) or more � Must have completed at least thirty (30) years of service. � • • � . f � 0 c�s -g 3 ! � ARTICLE 9. INSURANCE (continue� 9.10 Full-time employees who retire and who meet the conditions set forth in 9.8.1 and 9.8.2 but who meet none of the conditions set forth in 9.9.1 shall be eligible for the foilowing percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such retirees shall be eligible for such contributions until they reach sixty-five (65} years of �• Combination of Age and Years of Service Contribution for Emolovee Coveraqe Contribution for Family Coverage � 90% 80 °10 70% 60% 5 0 °lo 90% 80°!0 70% 60% 50% 9.11 For employees hired prior to May 1, 1992, who retire at the age of 65 or older or for eariy retirees hired prior to May 1, 1992, upon reaching age 65, and who have completed at least ten (10) years of service with the Employer (for the purpose of this section time in service with the City of Saint Paul sha(I be included toward the Employer service requirement) at the time of their retirement, the Employer will provide health insurance premium contributions toward employee health insurance plans as are provided by the Employer for retirees 65 years of age or older as approved by Board of Education action. For such employees or early retirees who have not completed at least ten (10) years of service with the Employer at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or i� the case of ear4y retirees upon reaching age sixty-five (65). For the purpose of this article, only the spouse and the dependents of record at the time of retirement shail be eligible for any insurance coverage. Dependents may not be added after retirement except for a spouse who was excluded at the time of retirement under the provisions of 9.15 below. • � 9.12 For empioyees hired on or after May 1, 1992, who retire at the age of sixty-five (65) or otder oc tor early retirees hired on or after May 1, 1992, upon reaching age sixty-five (65), and who have completed at least twenty (20) years of service with the Employer (for the purpose of this section time in service with the City of Saint Paul shail be included toward the Employer service requirement) at the time of their retirement, the Employer will provide health insurance premium contributions toward employee health insurance plans 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 employees or early retirees who have not completed at leasi twenty (20) years ot service with the Employer at the time of their retirement, the Employer wiil discontinue providing any health insurance contributions upon their retirement or in the case of early retirees upon reaching age sixty-five (65). Dependents may not be added after retirement. ARTICLE 9. INSURANCE (continued) However, if such retiree has completed at least ten (10) years of service with the Employer, the employee may purchase employee or family health insurance coverage through the Employer's insurance program. The total cost of such insurance coverage shall be paid by the retiree. Employees who were regularly appointed by the Employer prior to May 1, 1992, and subsequentiy terminated shall be covered by Article 9.12 in the event that they are regulariy appointed at a later date. 9.13 A retiree's participation in the Employer's heaith insurance plan must be continuous. If a retiree chooses not to participate at the time of retirement or if a retiree discontinues his/her participation, such retiree will not be eligible for any future participation or for any Employer contribution. 9.14 In the event of the death of a retiree who was hired on or after May 1, 1992, and who is participating in the Employer's health insurance program, the surviving spouse or dependent of the deceased may continue to participate in the Employer's health insurance plan at their/his/her own cost. Eligibility to continue to participate shail terminate when such spouse or dependent remarries or becomes eligible for group health insurance thorough another empioyer. � 9.15 A retiree may not carry his/her spouse as a dependent if such spouse is also a City/Independent School District retiree or City/Independent School District employee and eligible for and is enrolled in the City/Independent School District heaith insurance program. � 9.16 The contributions indicated in this Article 9 shall be paid to the Employer's Group Health and Welfare Plan. 9.17 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Article 9 shall be paid by the employee. 9.18 Any employee having ten (10) or more years of service with the Employer who becomes ill or injured so as to be unable to continue working and has exhausted all hisfier sick Ieave and vacation shall be eligible for Employer-paid health and welfare benefits for a maximum of three (3) years. 9.19 It is the intent of the Employer to maintain during the term of this agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligible for Employer-paid premium contribution for healih insurance for such expenses, within the established legal regulations and IRS requirements for such accounts. � 10 � � • �� ARTICLE 10. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE c�s-83 10.1 The Employer shall recognize stewards selected in accordance with Union rules and regulations as the grievance representative of the bargaining unit. The Union sha!! notify the Employer +n writing oi the names of the stewards and of their successors when so named. 10.2 It is recognized and accepted by the Empfoyer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shail therefore be accompiished during working hours oniy when consistent with such employee duties and responsibilities. The steward involved and a grieving employee shall suffer no loss in pay when a grievance is processed during working hours, provided the steward and the employee have notified and received the approval of their supervisor(s) to be absent to process a grievance and that such absence would not 6e detrimental to the work programs of the Employer. 10.3 The procedure established by this article shall be procedure, except for the appeal of disciplinary action for the processing of grievances, which are defined as terms and conditions of this agreement. the sole and exclusive as provided by Articie 7, an aileged violation of the 10.4 Grievances shall be resolved in conformance with the following procedure: Steo 1. Upon the occurrence of an alleged violation of this agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the empioyee's satisfaction by the informal discussion, it may be reduced to writing and referred to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section(s) of the Agreement violated, and the relief requested. Any alleged violation of the Agreement not reduced to writing by the Union within seven (7) calendar days of the first occurrence of the event giving rise to the grievance or the time when the employee with the use of reasonable diligence should have had knowledge of the first occurrence of the eveni giving rise to the grievance, shall be considered waived. Ste° 2. Within seven (7) 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, the Employer shall reply in writing to the Union within three (3) calendar days foliowing this meeting. The Union may refer the grievance in writing to Step 3 within seven (7) calendar days following receipt of the Employer's written answer. Any grievance not reterred in writing by the Union witfiin seven (7) calendar days following receipt of the Employer's answer shall be considered waived. 11 ARTICLE 10. EMPLOYEE RIGHTS - GRIEVANCE PROCEDURE (continued) Ste� 3. Within seven (7) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor shail meet with the Union Business Manager or designated representative and attempt to resolve the grievance. Within seven (7) calendar days foliowing this meeting, the Employer shall rep(y in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, ihe grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance not referred in writing by the Union to Step 4 within seven (7) calendar days following receipt of the Employer's answer shali be considered waived. Steo 4• If the grievance remains unresolved, the Union may within seven (7) calendar days after the response of the Employer in Step 3, by written notice to the Employer, request arbitration of the grievance. The arbitration proceedings shali be conducted by an arbitrafor to be selected by mutual agreement of the Employer and the Union within seven (7) calendar days after notice has been given. lf the parties fail to mutually agree upon an arbitrator within the said seven (7)-day period, either party may request the Bureau of Mediatio� Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have fhe right to strike two (2) names from the panel. The Union shall strike the tirst (lstj name; ihe Emptoyer shal! ihen strike one (1) name. The process will be repeated and the remaining person shall be the arbitrator. 10.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the Union and shall have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applications of laws, rules or regulafions having the force and effect of law. The arbitrator's decision shall be submitted in writing within thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. The decision of the arbitrator shait be final and binding on the Employer, the Union, and the employees. 10.6 The fees and expenses for fhe arbitrator's services and proceedings shall be borne equaliy by the Employer and the Union, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. 10.7 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 10.8 It is understood by the Union and the Employer that if an issue is determined by this grievance procedure, it shall not again be submiited for arbitration u�der other procedures. If an issue is determined by the provisions of other procedures, it shall not again be submitted for arbitration under this grievance procedure. � � � � � 12 �s_�� � ARTICLE 11. SENIORITY 11 .1 Seniority, for the purpose of this agreement, shall be defined as follows: 11.1.1 "DistricUCity Seniority" - The length of continuous regular and probationary service with the Employer from the last date of employment in any and all class titles. 11.1.2 "Class Seniority" - The length of continuous regular and probationary service with the Employer from the date an employee was first certified and appointed to a class tiUe covered by this agreement, it being further �' understood that class seniority is confined to the current class assignment heid by an emptoyee. � 11.2 Seniority shall terminate when an employee retires, resigns or is discharged. 11.2.1 In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each division based on inverse length of "Class Seniority ° Recall from layoff shall be in inverse order of layoff, except that recall rights shall expire after two (2) years of layoff. 11.2.2 in cases where there are promotional series such as Unskilied Laborer, Crew Leader, etc., when the number of empioyees in these higher titles is to be reduced, employees who have held lower tities which are in this • bargaining unit will be offered reductions to the highest of these titles to which class seniority would keep them from being laid off, before layoffs are made by any class tiile in any department. 11.2.3 it is further understood that a laid-off employee shall have the right to placement in any lower-paid class title in this bargaining unit, provided said empioyee has been previously cer6fied and appointed in said lower-paid class title. In such cases, the employee shall first be placed on a reinstatement register and shall have "Class Seniority" based on the date originaily certified and appointed to said ctass. Employees may also apply for positions in a lower class but may, nevertheless, return to originai class as provided in paragraph (A) above. �' 11.2.4 When the new title, School Service Worker is estabiished, incumbents + who become certified in the new titie shall also retain the seniority acquired in the old title the employer held in this unit, and can exercise that seniority in a layoif or reduction situation. 11 .3 To the extent possible, vacation periods shail be assigned on the basis of "Ciass Seniority," within each class, by division. it is, however, understood that vacation assignments shall be subject to the ability of the Employer to maintain operations. 11 .4 Promotions shail be handled in accordance with current Civil Service Rules and practices. � 13 ARTICLE 12. VACATIONS 12.1 Vacation credits shall accumulaie at the rates shown below for each fuN hour on the payroll, excluding overtime: Years of Service First year through compietion of 5 years After 5 years through completion of 10 years After 10 years through completion of 15 years After 15 years tfirough compfetion of 25 years After 25 years and thereafter Hours of Vacation .0385 (10 days) .0577 (15 days) .0654 (17 days) .0885 (23 days) .0962 (25 days) For employees appointed prior to January 1, 1967, years of service will be defined to mean the number of years since the date of appointment. For employees appointed on or after January 1, 1967, years of service shall be determined by the actuat number of hours worked. 12.2 The head of the departrnenf may permit an employee to carry over one hundred twenty (120) hours of vacation into the following "vacation year." For the purpose of this article, the "vacation year" shall be the fiscal year (IRS payroll reporting year). 12.3 Scheduling of vacation is subject to approval of the employee's supervisor. 12.4 If an employee has an accumulation of sick leave credits in excess of one hundred and eighty days (180), the employee may convert any part of such excess at the rate of rivo (2) days of sick leave for one (1) day of vacation up to a maximum of five (5) days of vacation. 72.5 The mauimum number of vacation days allowed by the conversion of sick leave credits shall be no more than five (5) days in any one (1) year so that the mauimum vacation time which may be taken in any one (1) year shall be forty (40) days including the regular vacation period, and time carried over. � a < Y r a � 14 �5� � ARTICLE 13. HOLIDAYS 13.1 Holidays recognized and observed. The following twelve (12) days shall be designated as holidays: New Year's Day Martin Luther King Jr. Day Presidents' Day Memorial Day Independence Day Labor Day Columbus Day ` Veterans' Day Thanksgiving Day + Christmas Day Two floating holidays. Eligible employees shall receive pay for each of the holidays listed above, on which they perform no work. Whenever New Year's Day, Independence Day or Christmas Day shall fatl on Saturday, the precedi�g Friday shall be observed as the holiday. Whenever any of these three holidays falls on Sunday, the following Monday shali be observed as the holiday. 13.2 The floating holidays set forth in Section 13.1 above may be taken at any time during the contract year, subject to the approval of the department head of any � employee. 13.3 Elioibilityr Reauirements: In order to be eligible for a holiday with pay, an employee'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 shall the holiday be counted as a working day for the purposes of this section. It is further understood that neither temporary nor other employees not heretofore eligible shail receive holiday pay. 13.4 in the case of Board of Education employees, if Presidents' Day, Martin Luther King Jr. Day, Columbus Day or Veterans' Day falls on a day when school is in �. sessio�, the employees shall work that day at straight time and another day shall be designated as the holiday. This designated holiday shail be determined by agreement between the employee and the supervisor. �- 13.5 If, in the judgment of the Employer, personnel are necessary for operating or emergency reasons, employees may be scheduled or "cailed back" in accordance with Articie 8.4 (Call-in Pay). 13.6 Notwithstanding Article 13.1, the Employer may at anytime during the life of this agreement designate the Day after Thanksgiving as a paid holiday. In the event of such designation, the Columbus Day hofiday or one ftoating holiday shalf be deleted from the paid holidays list as set forth in Article 13.1. u 15 ARTICLE 14. JURY DUTY 14.1 Any employee who is required during regular working hours to appear in court as a juror or witness, except as a witness in his own behalf against the Employer, shall be paid his/her regular pay while so engaged, provided, however, that any fees that the employee may receive from ihe court for such service shall be paid to the Employer and be deposited with independent School District No. 625 - Business Office. Any emptoyee who is scheduted to work a shift other than the normal daytime shift shali be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. s O � L • iC�3 �5-�3 � ARTICLE 15. SEVERANCE PAY 15.1 Employees shali be eligible for severance pay in accordance with the School DistricYs Severance Pay Plan. The amount of severance pay allowed shall be that amount permitted by state siatutes subject to the provision that the maximum amount allowed shail be $4,000. or as established by Section 15.2 of this article. 15.2 Severance Pay: Provisions effective May 31. 1984. The Employer shall provide a severance pay program as set forth in this Section. � 152.1 To be eligible for the severance pay program, an empfoyee must meet the following requirements: i 15.2. t.1 The employee must be fifty-eight (58) years of age or older or must be eligible for pension under the "Rule of 85" or the "Rule of 90" provisions of the Pubiic Employees Retirement Association (PERA). The "Rule of 85" or the "rule of 90" criteria shall also apply to employees covered by a public pension plan other than PERA. 15.2.t.2 The employee must be voluntarily separated from Schooi District employment or have been subject to separation by layoff or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency � or any other discipiinary reason are not eligible for this severance pay program. 15.2.1.3 The empioyee must have at least ten (10) years of consecutive service under the cfassified or unclassified Civil Service at the time of separation. For the purpose of this article, employment in either the Ciry of Saint Paul or in {ndependent School District No. 625 may be used in meeting this ten (10)-year service requirement. 15.2.1.4 She employee must file a waiver of re-employment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all � claims to reinstatement or re-employment (of any type) with the City of Saint Paui or with Independent School District No. 625. 15.2.1.5 The employee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of separation trom service. � 17 ARTICLE 15. SEVERANCE PAY (continued) 15.2.2 If an employee requests severance pay and if the employee meets fhe eligibility requirements set forth above, he or she will be granted severance pay in an amount equa! Yo one-half (1/2) of the daily rate of pay for the position heid 6y the employee on the date of separation for each day of accrued sick leave subject to a maximum total payment of $6,500. Effective May 1. 1993. the maximum total payment herein defined shall be $7,500. 15.3 15.2.3 For the purpose of tbis severance pay program, a deaih of an employee shall 6e considered as separation of employment and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the empioyee's estate or spouse. 15.2.4 For the purpose of this severance pay program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for this severance program. 15.2.5 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Pian already in existence. 15.2.6 This severance pay program shail be subject W and governed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this section conflict with said Severance Pay Plan and in such cases, the provisions of this section shall control. 15.2.7 Any employee hired prior to May 31, 1984, may, in any event, and upon meeting the qualifications of this section or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this section or the basic School District Severance Pay Plan shall consiitute a bar to receiving severance pay from the other. Any employee hired after May 31, 1984, shall be entitled only to the benefits of this section 15.2 upon meeting the qualifications herein. 15.2.8 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this section if such employee is aiso eligibie and a recipient of Early Retirement Incentive payment under the Memorandum of Agreement with the exclusive representative dated Octoher 18, 1983. For employees appointed to a title covered by this agreement on or after May 1, 1989, the Employer shali provide only the severance pay program as set forth in 15.3 through 15.9. � � � � t f[:3 q � .�3 � '3 J ARTICLE 15. SEVERANCE PAY (continued) 15.4 To be eligible for the severance pay program, an employee must meet the fotlowing requirements: 15.4.1 The employee must be voluntarily separated from School District empioyment or have been subject to separation by fayoff or compuisory retirement. Those employees who are discharged for cause, misconduct, inefficiency, incompetency, or any other disciplinary reason are not eligible for the School District severance pay program. 15.4.2 The empfoyee must fife a waiver of reempfoyment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with the City or with Independent School District No. 625. 15.4.3 The employee must have an accumulated balance of at least eighty (80) days of sick leave credits at the time of his separation from service. � 15.5 Effective through April 30, 1993, 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 heid 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 in the School DistricUCity. Years of Service with the School DistricUCiN At Least 20 21 22 23 24 25 Mauimum Severance Pav 4,000 4,600 5,200 5,800 6,400 7,000 Effective May 1, 1993, if an employee requests severance pay and if the empioyee 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 in the Schooi DistricUCiry. • -► - . � �- �.. � � At Least � 20 21 22 23 24 25 iE] u-. u _o .� - 4,000 4,700 5,400 6,100 6,800 7,500 ARTICLE 15. SEVERANCE PAY (continued) 15.6 For the purpose of this severance program, a death of an employee shall be considered as separation of employment, and if the employee would have met all of the requirements set forth above, at the time of his or her death, paymeni of the severance pay shall be made to the employee's estate or spouse. � 15.7 For the purpose of this severance program, a transfer from Independent School District No. 625 employment to City of Saint Paul employment is not considered a separation of employment, and such transferee shall not be eligible for the School DisVict severance program. � 15.8 The manner of payment of such severance pay shall be made in accordance with the provisions of the original School District Severance Pay Plan, as cited in v 15.2.5 above. 15.9 This severance pay program shall be subject to and governed by the provisions of the original Schooi District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this article conflict with Severance Pay Plan and in such cases, the provisions of this articfe shall control. 20 � � �5-83 � ARTICLE 16. WAGES 16.1 The basic hourly wage rates as established by Appendix A shall be paid for all hours worked by provisional, regular, and probationary empioyees. 16.2 The basic hourly wage rates as established by Appendix B shal{ be paid for ait hours worked by temporary employees. 16.3. When an employee who is certified to more than one title in this unit is working in a higher paid title and is using sick leave, vacation time, or a holiday, his/her eligibility for pay at the higher rate shall be determined by applying the holiday pay eligibility requirements, as specified in Article 13, Section 13.3. If ihose requirements are not met, the sick leave, vacation, or holiday pay shall be at the � lower rate. ARTICLE 17. SAVINGS CLAUSE 17.1 This agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this agreement shalf be held 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 � provision shall be voided. All other provisions shall continue in full force and effect. ARTICLE 18. JURISDICTION 18.1 Disputes concerning work jurisdiction between and among unions is recognized as an appropriate subject for determination by the various unions representing empioyees of the Employer. 18.2 In the event of a dispute concerning the performance or assignment of work, the �y unions invoived and the Employer shall meet as soon as mutually possible to resoive the dispute. Nothing in the foregoing shall restrict the right of the Employer to accomplish the work as originally assigned pending resolution of the � dispute or to restrict the Employer's basic right to assign work. 18.3 Any employee refusing to perform work assigned by the Employer shall be subject to disciplinary action as provided in Article 7(Disciplinary Procedures). 18.4 There shall be no work stoppage, slow down or any disruption of work resulting from a work assignment. 18.5 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. 21 ARTICLE 19. SICK LEAVE � 19.1 Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick �eave accumulation is unlimited. To be etigibte for sick leave, the emptoyee must report to his/her supervisor no later than one-half (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shall be subject to provision of verification when required by the supervisor. 19.2 Specified Aliowable Uses of Sick Leave 19.2.1 Any employee who has accumulated sick leave credits as provided above _ shall be granted leave with pay, for such period of time as ihe head of the department deems necessary, on account of sickness or ihjury of the employee, death of the employee's mother, father, spouse, child, l. brother, sister, mother-in-law, father-in-law, or other person who is a member of the household, and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentists, optometrist, etc., or in the case of sudden sickness or disabi(ity of a member of his/her household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave for any one instance, to a ma�cimum of twenty-four (24) hours in any one calendar year. 19.2.2 An employee who works twelve (12) consecutive months per year for an average of twenty (20) or more hours per week may use � accumulated personal sick leave credits for absences required to care for the employee's iil chiid. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own itlness. This ►eave shalt onty be granted pursuant ro M.S.181.9413 and shall remain available so long as provided in statute. 19.2.3 One (1) day of accumulated sick Ieave credit may be used by the employee in the event of the death of the employee's grandparent or grandchild. 19.3 Absence while on Sick Leave with Pay 19.3.1 During any period in which an employee is absent from work on sick � leave with pay, the employee shall not be empioyed or engaged in any occupation for compensation outside of his/her regular emptoyment with Independent School DisVict No. 625. Violation of the provision of Y this paragraph by any employee shall be grounds for suspension or discfiarge. 19.4 Sick leave without pay may be granted in accordance with the provisions of Section 20H of the Civil Service Rules for a period up to but not to exceed three (3) years. C� � �s - g3 � ARTICLE 20. PARENTAUMATERNITY LEAVE 20.1 Parental leave shail be granted to employees for the birth or adoption of a child in accordance with applicable state laws. 20.2 Maternity is defined as the physical state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event of an empioyee's pregnancy, the empioyee may appiy for leave without pay at any time during the period stated above and the Employer may approve such leave at its option, and such leave may be no longer than one (1) year. 20.3 An empioyee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year for school activities of his/her own chiid, pursuant to M.S.181.9412 rules, so long as the statute so provides. ARTICLE 21 . LEGAL SERVICES 21 .1 Except in cases of malfeasance in office or wiliful or wanton negiect of duty, the Employer shall defend, save harmless, and indemnify an empioyee and/or his � estate against any claim or demand, whether groundless or otherwise, arising out of an alleged act or omission in the performance and scope of the employee's duties. � � 21 .2 Notwithstanding 21.1, the Employer shall not be responsible for paying any legal service fee or for ptoviding any fegat service arising from any legal action where the employee is the plaintiff. ARTICLE 22. STRIKES, LOCKOUTS, WORK INTERFERENCE 22.1 The Unions and the Employers 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 Unions and/or the members thereof, and there shatl 6e no bannering during the existence of this agreement without first using all possible means of peaceful settlement of any controversy which may arise. 23 °I5 -8'3 �� � �� ARTICLE 23. TERMSOFAGREEMENT 23.1 The Employer and the Union acknowledge that during the meeting and negotiating which resulted in this agreement, each had the right and opportunity to make proposals with respect to any subject concerning the terms and conditions of employment. The agreements and understandings reached by the parties after the exercise of this right are fu�ly and completely set forth in this agreement. Any and all prior agreements, resolutions, practices, policy or rules or regulations regardi�g the terms and conditions of employment to the extent they are inconsistent with this agreement are hereby superseded. in those areas where Civii Service Rules are not inconsistent with this agreement, the Civil Service Rules shali coniinue to be in etfect. 23.2 Except as herein provided, this agreement shall be effective as of the date it is executed by the parties and shail continue in full force and effect through Apri1 30, 1996, and thereafter until modified or amended by mutual agreement of the parties. Either party desiring to amend or modify this agreement shall notify the other in writing so as to comply with the provisions of the Public Employment Labor Relations Act of 1971. 23.3 This constitutes a tentative agreement between the parties which will be recommended by the Board of Education negotiator but is subject to the approvai of the Board of Education of Independent School District No. 625 and is also subject to ratification by the Unions. WITNESSES: N0.625 TR{-COUNC{L: OPERATING ENGINEERS LOCAL NO. 49 �� GENERAL DRIVERS LOCAL NO 120 LABORERS LOCAL NO. 132 Negoti�tions/Labor Relatioly� Manager ( Senior Labor Relations A yst 25 " ��_�.� -��a ��/,�/�y Date Date �IS-S3 � APPENDIX A The hourly wage rates for provisional, regular and probationary employees working in the classes listed below are as shown: School Grounds Crew Leader � School Labor Crew Leader School Service Worker � y Heavy Equipment Operator GROUP A Effective 4-30-94 $16.77 16.77 15.76 Effective 4-29-95 $17.11 17.11 16.0 8 GROUP B Effective 4-30-94 $18.04 Effective 4-29-95 $18.40 � A1 APPENDIX A (continue� Effective upon the effective date of this contract, except as othervvise noted, the foilowing premium pay provisions shali apply: A. Any School Service Worker in this bargaining unit assigned to operate a Chain Saw, Chipping Hammer or Jack Hammer shall receive 25Q per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. B. Any employee in this bargaining unit required to work eight (8) feet or bwer beneath ground shall receive 25¢ per hour above the regular base rate for each hour or any part ihereoi worked in such an assignment � C. Any School Service Worker in this bargaining unit assigned to operate a Mortar � Mixer, shall receive 20¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. D. Any School Service Worker in this bargaining unit assigned to perform the duties of a Tender for a Bricklayer or Blocklayer, or Plasterer Helper shall receive 30¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. D1. Notwithstanding Article 1 of this agreement, an empbyee appointed to the title, 'Plasterer's Tender, prior to May 1, 1992, who is continuously employed in that titfe since the effective date of this � agreement, shall receive effective April 30, 1994, $2.28 per hour over the Schooi Service Worker rate, and effective April 29, 1995, $2.32 per hour over the School Service Worker rate and not the additional 30¢ per hour Plasterer Helper premium herein described above, for duties performed as a Plasterer Tender for a Plasterer. D2. Effective November 1, 1994, a School Service Worker who has completed the certified Plasterer's Tender training program, and is assigned to perform the duties of a trained and certified plasterer's tender, shall be eligible for the rate differential described in D1. of this appendix. E. Any School Service Worker in this bargaining unit assigned to drive tandem trucks shall receive 20¢ per hour above their base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. Any School Service Worker in this bargaining unit assigned to operate a Power Tamper, shall receive 30¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour worked in such an assignment. A2 � ° �S-$3 � APPENDIX A (continue� G. Any Schooi Service Worker assigned to operate a tractor with power take-off over 50 horse power which is used for grass cutting shall receive 45¢ per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour actuaily worked in such an assignment. H. Any School Service Worker assigned to operate any of the equipment covered by the abolished class title, 'Asphalt Raker, shall receive 45¢ per hour above the . regular base rate for each hour or any part over one-fourth (1/4) hour actually worked in such an assignment. � I. Any School Service Worker assigned to operate any of the equipment covered by the abotished class title listed, 'Asphatt Shoveler, shatl receive 202 per hour above the regular base rate for each hour or any part over one-fourth (1/4) hour actually worked in such an assignment. J. Any School Service Worker who holds a license to apply or use regulated pesticides and chemical treatments, who is assigned to perform work involving the application of such regulated substances, shall receive 40a per hour for each hour or any part over one-fourth (1/4) hour actually worked in such assignment. The term "regulated" as used here, refers to substances whose use and application requires the license noted herein. L� 1 i- 'This title abolished except as to present incumbents • A3 APPENDIX B- TEMPORARY EMPLOYEE RATES 1. The hourly rates for temporary employees working in ihe classes listed below are as shown: School Service Worker Etfective ENective 4-30-94 4-29-95 $15.45' $15.76' For temporary employees working in the titles listed in (1.) above the following fringe benefit contributions shall be made to the Minnesota Laborers' Fringe BenefiY Fund: Health and Welfare Pension Vacation Training Effective 4-30-94 $2.24 2.20 1.15" .08 Effective 4-29-95 .._ ... ... ... ' This rate includes the taxabfe vacation confribution referenced in " befow. '' This vacation fund contribution is taxable and part of, and hot in addition to, the hourly rates listed above. 2. The hourly wage rates for temporary employees working the class listed below are as shown: Heavy Equipment Operator Effective Effective 4-30-94 4-29-95 $17.88 $18.24 For temporary empioyees working in the title listed in (2.) above the following fringe benefit contributions shall be made to the Funds designated by IUOE, Local 49: Health and Welfare Pension Vacation Effective 4-30-94 $2.90 2.7� .15 Effective 4-29-95 �.. f 1 R .._ ''' The Aprit 29, 1995, hourfy contribufions in Appendix B shalf be determined at a later date based on the alloca6on agreed to by the Employer and the Union of the April 29, 1995 increase. For April 29, 1995, the employer agrees to contribute up to an additional $.85 per hour worked towards the Minnesota Laborers' Fringe Benefit Fund in 6.1, and up to an additional $1.00 per hour worked towards the funds designated by IUOE, Local 49 in 6.2. m � • � J ! °15-83 • APPENDIX B (continue� 3. Regular employees who are laid off and Uien called back to work on a temporary basis shall receive the regular rate of pay as shown in Appendix A for such tiUes worked and shall continue to earn and accrue Employer benefits for such hours worked. 4. For temporary employees working in tiUes listed in this Appendix "B" whose length of service and earnings require that they be subject to Public Employees Retirement Association contributions, the rate of pay shall be the hourly rate shown in this Appendix "B" for such title divided by 1.0448. 5. If the unions elect to have the fringe benefit contributions listed in this � Appendix "B" increased or decreased, the Employer may adjust the appiicable houriy pay rates and contribution amounts accordingly. c 6. Laborers employed by the Employer on a temporary basis will be paid on the rates indicated in (1.) above, and will work in the School Service Worker titie. � '3 � B2 ' . c ���. r .,,. � NEGOT/ATlONS/LABOR RELAT/ONS OFFICE a�u+v u� Salnt Pau/ Publlc Schools t�5 _�3 � ��� Sa/nt Paul, M/nnesota . ru�.rca�+oots �"°"'•�• MEMORANDUM TO: Mary Kearney City - Office of Labor Relations FROM: Phyllis E. Byers ��` Richard Kreyer � DATE: January 5, 1995 SUBJECT: Labor Agreement between Independent School District No. 625 and Tri-Council, Locals 49, 720 and 132 Enclosed are three copies ofthe above contractforthe duration of May 1, 1994 through Aprif 30, 1996. Also, encfosed is a copy of the agenda request approved by the Board of Education on November 15, 1994. /Ic Enclosures - 4 INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: November 15, 1994 TOPIC: Approval of an employment agreement understanding with the Tri-Councit, Local exclusive representatives for drivers, grounds heavy equipment operators. A. PERTINENT FACTS: `� �5-g3 and memorandum of s No. 49, 120, and 132, and labor employees and Term of the contrad is two years from May 1, 1994 through April 30, 1996. Contract changes include: SAFETY SHOES: District will reimburse up to $60 fa one pair of safety sFwes per year. IS'I�I�:�:3:iy1� Language clarification to address circumstances when the employee is required to work beyond the normal woiicday. � :c. . � r:� - - u .0 ..� i• i.� Effedive January 1, 1995: Empbyee coverage maximum - increased by $10. Family coverage maximum - increased by $20. Effective January 1, 1996: No change in Empfoyer �ntributan. Effective May 1, 7996: i �_ - Any premium increase which may be negotiated for the 199697 contract year will be made effective with the beginning of the new contract. Effective December 1, 1994, Distrid will raise coverage to a total of $25,000 with an Empbyer premium coMributan maximum of $6.32 per rtanth. VACATION: Effective at the end of 1994, the department head may permit an empbyee to carryover up to one hundred twenty (120) hours of vacation into the folbwing vacatbn year. . 2. Contract changes (cor�tinued): . � �1�L•g� qF_g3 November 15, 1994 Language clarificaYan regarding minor holidays when scF�ool is in session. 57-���1�� New language descnbes Faw the rate of pay for sick leave, vacation and holidays will be determined when an employee is woridng in muftiple tities. Empbyment Agreement: Tri-Council Locais No. 49, 120 and 132 Page Two Effective Aprii 30, 1994: Effective April 29, 1995: 12°k increase on ali rates. 2.0°� increase on all rates. District will equalize rates for Labor Crew Leader and Grounds Crew Leader. Premium Pay: Several premium pay rates are revised, and a new premium is established for assignment to apply regulated chemicals (pesticides, etc.). B 3. The District has 19.8 F.T.E. (approximately 30 regular employees, many of whom are empbyed in this bargaining unit for seasonal assignments). Memorandum of Understandina: A separate memorandum esdablishes a trial period for a process of bidding for primary crew assignment. Requested by Phyilis E. Byers, Negotiations/Labor Relations Manager; and William A. Larson, Ass�staM SuperirrtendeM, Fisca{ Affairs RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement and Memorandum of Understanding concerning the terms and conditions of empbyment of those employees in this school district for whom the Tri-Council, Locals No. 49, 120, and 132 is the exclusive representative; duration of said Agreement is for the period May 1, 1994 through April 30, 1996.