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94-1152 , Council File# q9-/75„ ORIGINAL GreenSheet# {- 78 41% RESOLUTION / Y O SAINT PAUL ► 4 INNESOTA Presented By � M. %NNW Referred To Committee: Date 1 RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies 2 the attached 1994 -1995 Agreement between the Independent School District No. 625 and 3 the Minnesota School Employees Association representing the Classified Confidential 4 Employees Association. Yeas Nays Absent Blakey • Grimm 1/ Requested by Department of: Guerin t' Harris ✓ - Office of Labor Relations Megard V/' Rettman t/ By: . P Thune 1, . (1� 0 1 h Fo pp ve City Attorney Adopted by Council: Date 1 , ( r] � d c 9 1 By Adoption Certified by Council Secretar By: k „,....... , „ iii...... „... _� Appr� • i by lay!' f j S mission to Council Approved by M�yor. 0 ate G,y, , ,`� By is A. , i I I / By: - ; I A FV DEPARTMENT/OFFICE/COUNCIL DA - 71 INITIATED N° 2 7 8 x 4 Rr t .. s-LABOR RELATIONS 7.26 -94 GREEN S ET ACT & DEPARTMENT DIRECTOR E E CITY COUNCIL INtTIA • TE Mary Rearne 266 -6495 moot mm [J CnV ATTORNEY "!`'s - 1 I$1+.4 ❑ CITY CLERK MUST BE ON CIL AGE DA BY (DATE) Acme ❑ BUDGET DIRECTOR ❑ FIN. & MOT. SERVICES DIR. TOTAL # OF SIGNATURE PAGES 1 (CLP ALL LOCATIONS FOR SIGNATURE) ACTION REQUESTED: This resolution approves the attached Agreement between the Independent School District N. 625 and the Minnesota School Employees Association representing the Classified Confidenti 1 Employees Association. RECOMMENDATIONS: Approve (A) or Reject (R) ►ERSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: — PLANNING COMMISSION _ CIVIL SERVICE COMMISSION • Has this Pentehitirm ever worked under a (*Mast lot this department? YES NO — CIO COMMITTEE Has this person/firm ever been a city. employee? _ STAFF YES NO _ DISTRICT COURT — I. Does this person/firm a skip not normally possessed by any current nay envi ee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO Explain MI yes answers on 'operate- sheet and attach to green sheet INITIATING PROBLEM, ISSUE. OPPORTUNITY (Who,. Whet When. Where, Wet): See attached summary. This Agreement pertains to the Board of Education employees only. RECE fED RECEIVED AUG 02 1994 JUL 2 81994 ADVANTAGES IF APPROVED: MAYOR'S )FFICE CITY ATTORNEY DISADVANTAGES IF APPROVED: Co' Research Center AUG 0 2 1994 DISADVANTAGES IF NOT APPROVED: TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) INDEPENDENT SCHOOL DISTRICT NO. 625 BOARD OF EDUCATION SAINT PAUL PUBLIC SCHOOLS DATE: May 17, 1994 TOPIC: Approval of an employment agreement with Minnesota School Employees Association, exclusive representative for the classified confidential bargaining unit. A. PERTINENT FACTS: 1. New Agreement is for the t o -year period January 1, 1994 through December 31, 1995. 2. Contract changes are as fo ows: Language is updated thro hout agreement to reflect the current titles. Health Insurance - Emp .yer paid premium contribution caps are increased effective January 1, 1994, by $13 p month for family coverage only. Effective January 1, 1995, the Employer paid premium co tribution caps are further increased by $13 per month for single or $20 for family coverage. Life Insurance - Employer aid premium contribution cap is increased effective January 1, 1994, by $2.32 s er month, to cover current cost of $25,000 coverage. Jvlileage- Language is up ated to reflect the current Board authorized amount of $.28 per mile. Vacation - Language is am -nded to allow up to 120 hours of vacation carryover in any year. Leaves of Absence - New - nguage is included in the Specified Allowable Uses of Sick Leave section that provides fo limited access to the employee's own sick leave to make arrangements for the care .f one's parent. • New language refere ces the availability of leaves consistent with the Federal Family Medical Leaves Act. Vacancies - New languag: clarifies job posting requirements. Probation - New language ncorporates probationary period language into the contract for employees covered by th = labor agreement. This language enables the District to terminate the employment relations p of a probationary employee at any time during the probationary period without review by t - Civil Service Commission. Wages • Language wa included in the contract to describe the existing procedures pertaining to advanceme t from step to step on the salary schedule. This language is not intended to change what - already occurring, but simply to describe in the labor agreement how normal movement fr. step to step occurs. 1 qy - 052 Employment Agreement - Minnesota School Employees Association May 17, 1994 Page Two • APPENDIX A: Salary Sc,edule - New rates are effective December 25, 1993; and December 24, 1994. The average salary rate increase is 1.11% for the first year of the contract and 2.0% for the second year of the contract. • In the 1994 year of the oontract, the standard range salary schedule is restructured from a 25 -year range to a 15 -year range. • Pay Equity. - The Distri t continues to monitor its obligations under the Minnesota Pay Equity Act and take appropriate actions to maintain compliance with the act. Therefore, the female- dominated tiles of Clerk IV, Secretary and Clerical Supervisor are increased one grade on the salary schedule. This adjustment advances the District's efforts to maintain compliance with the requirements of the Act. Consolidation of pay ranges and benefits program is part of the salary restructuring of this agreement. All classified confidential titles will now be paid from a single standard pay range, and all bargaining unit members will have access to the same benefits. This results in discontinuation of dental coverage for professional titles and a reduction in the fife insurance coverage for professional titles. 3) The District has 24 employees in this bargaining unit. 4) This request is submitted by Phyllis E. Byers, Negotiations/Labor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement conceming the terms and conditions of employment of those classified confidential employees in this school district for whom Minnesota School Employees Association is the exclusive representative; duration of said Agreement is for the period of January 1, 1994 through December 31, 1995. 4 9( -i( ?- • 1994 - 1995 AGREEMENT BETWEEN SAINT P UL PUBLIC SCHOOLS INDEPENDE SCHOOL DISTRICT NO. 625 AND • MINNESOTA SCH 9 OL EMPLOYEES ASSOCIATION Representing Cl.. sified Confidential Em loyees Association January 1, 19' 4 through December 31, 1995 a A ll1IT d d pAuL • PUBLI ' SCHOOLS LIFELONG LEARNING q c(.,/ / )/ 0 INDEX 1 ARTICLE TITLE PAGE Preamble v 1. Recognition 1 • 2. Check Off 2 3. Maintenance of . tandards 2 4. Management Ri • hts 2 5. Hours of Work 3 6. Work Breaks 4 7. Holidays 5 8. Vacation 6 9. Leaves of Abse 1 e 7 10. Wages 10 11. Working Out of Classification 1 2 12. Mileage 12 13. Severance Pay 1 3 14. Insurance - All roups 1 5 • 14A. Insurance - Pr• essional Group 1 9 15. Probation 2 0 16. Seniority 21 17. Discipline 2 3 18. Employee Reco • s 23 19. Grievance Proc dure 24 20. Temporary Em' Ioyees 2 6 21. Bulletin Board- 2 6 22. Vacancies 2 7 23. Non - Discrimin : tion 2 7 24. No Strike, No • kout 2 8 25. Legal Services. 28 r t 26. Terms of Agre ent 29 Appendix A: T les and Salaries I - I I III iu 9 • PREAMBLE This Agreement entered into by Independent School District No. 625, hereinafter referred to as the Employer, and the Minnesota School Employees Association, hereinafter referred to as MSEI, representing the Saint Paul Public Schools Classified Confidential Employees Associaion, hereinafter referred to as the Association, has as its purpose the promotion of harmonious relations between the Employer and the MSEA, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and other conditions of employment. • • v ARTICLE 1. RECOGNITION • 1.1 The Employer recognizes the MSEA as the sole and exclusive bargaining agent for the purpose of establis ling salaries, wages, hours, and other conditions of employment for all of its amployees as outlined in the certification by the State of Minnesota Bureau of N ediation Services, dated January 27, 1993, in Case No. 93 -PTR -1061, and net forth in Section 1.2 below. 1.2 The bargaining unit cove 'ed by this Agreement shall consist of the following: All classified confidential employees of Independent School District No. 625, Saint Paul, Minnesota, who are employed by Independent School District No. 625, Saint Paul, Minnesota, and who are public employees within the meaning of M.S. 179 4.03, Subd. 14 in the classifications of: Clerical and Tech Fuca! Groups Benefits Clerk Clerk- Stenographer I Benefits Technician - BOE Clerk- Stenographer 11 Clerk 1 Clerk- Stenographer III Clerk II Clerical Supervisor Clerk III Human Resource Clerk Clerk IV Human Resource Information Technician Clerk- Typist I Personnel Technician - BOE Clerk- Typist 11 Secretary Clerk- Typist III Substitute Staffing Clerk professional Gro ap Personnel Specialist I Personnel Specialist 11 Any titles designated as Civil Service exempt are not covered by the provisions of Civil Service Rules or any related rules covering employment in classified service positions. The terms and conditions of employment for any titles designated as Civil Service exempt are defined within this labor agreement, notwithstanding Article 3: Maintenance of Standards, which does not apply to titles so designated. 1.3 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 MSEA and, upon notification by the MSEA, the Employer shall check off said fee from the earnings of the employee and transmit the same to the MSEA. In no instance shall the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only s) long as specifically provided by Minnesota law, and as otherwise legal. 1.4 The MSEA agrees to indemnify and hold the Employer harmless against any and all claims, suits, orders or judgments brought or issued against the Employer as a • result of any action taken or not taken by the Employer under the provisions of this Article, Section 1.3. 1 qg // ARTICLE 5 . HOURS OF WOR < • 5.1 The normal workday shall be seven and three- fourths (7 -3/4) consecutive hours per day, excluding a forty -five (45) minute lunch period, fifteen (15) minutes of which shall be paid. 5.2 The normal workweek shall be five (5) consecutive normal workdays in any seven (7)- day period. 5.3 For employees on a shift basis, this shall be construed to mean an average of thirty -eight and three - fourths (38 -3/4) hours per week. 5.4 This section shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal workweek. 5.5 Time on the payroll in excess of the normal hours set forth above in this Article shall be "overtime work" and shall be done only by order of the head of the department. 5.6 Employees in this bargaining unit working under a title listed under the heading "Clerical and Technical G . oup" in Article 1.2 shall be recompensed for work done in excess of the normal hours established above in this Article by being granted compensatory time on a fame and one -half basis or by being paid on a time and one -half basis for such cvertime work. The overtime rate of one and one -half shall be computed on the basis of V8Oth of the biweekly rate. • 5.7 Employees working in a title listed under the heading "Professional Group" in Article 1.2 who work mole than seven and three - fourths (7 -3/4) hours in any twenty -four 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 5.8 below. 5.8 It is understood by the parties that Section 28.H - Overtime of Resolution No. 3250 shall not apply to employees in the bargaining unit working under a title listed under the heeding "Professional Group" in Article 1.2. In unusual circumstances, a departrr ent head may grant these 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. 3 ARTICLE 7. HOLIDAYS • 7.1 . • ' • . : • • i• - • - • • • : ► : • : The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Martin Luther King Jr Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day Two Floating Holidays Eligible employees shall eceive pay for each of the holidays listed above, on which they perform no w 'rk. Whenever any of the holidays listed above shall fall on Saturday, the p eceding Friday shall be observed as the holiday. Whenever any of the holi says listed above shall fall on Sunday, the succeeding Monday shall be observed -s the holiday. For those employees assigned to a work week other than Monday through Friday, the holiday shall be observed on the calendar date of the holida . 7.2 The floating holidays set f. rth in Subd. 7.1 above may be taken at any time during the contract year, subject • approval of the department head of any employee. 7.3 • • • • iI' ; - • .' - u : : In order to be eligible for a holiday with pay, an employee's name must a• •ear on the payroll on any six working days of the nine • working days preceding t e holiday, or an employee's name must appear on the payroll the last working d y before the holiday and on three other working days of the nine working days receding the holiday. In neither case shall the holiday be counted as a workin day for the purposes of this section. It is further understood that neither t - mporary nor other employees not heretofore eligible shall receive holiday pay. 7.4 Notwithstanding Subd. 7. effective April 1, 1984, a temporary employee shall be eligible for holiday p- only after such employee has been employed as a temporary employee for - ixty-seven (67) consecutive work days. No temporary employee shall be eligibl for any floating holidays. 7.5 If Martin Luther King Jr. l ay, Presidents' Day, Columbus Day or Veterans' Day falls on a day when sch of is in session, the employee shall work that day at straight time and another ay shall be designated as the holiday. This designated holiday shall be a day on hich school is not in session and shall be determined by agreement between the e ployee and the supervisor. 7.6 Notwithstanding Article 7. and 7.5 above, the Employer may at any time during the life of this Agreement • esignate the day after Thanksgiving as a paid holiday. In the event of such des gnation, either Martin Luther King Jr. Day, Presidents' Day, Columbus Day, or :terans' Day shall be deleted from the paid holidays list as set forth in Article 7.1 • 5 .94 - 1/9- ARTICLE 9. LEAVES OF ABSENCE 9.1 Sick Leave: Sick leave >hall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must report to his /her supervisor no later than one -half hour past his /her regular scheduled starting time. The granting of sic k leave shall be subject to the terms and provisions of this Agreement. 9.1.1 Specified Allowable Uses of Sick Leave: Any employee who has accumulated sick leave credits as provided above shall be granted leave with pay, for such period of time as the head of the department deems necessary, on acc ount of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother, father, , pouse, child, brother, sister, mother -in -law, father- in -law or other pE rson 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, dentist, optometrist, etc., or in the case of sudden sickness or disability of a parent or a member of his /her household, making arrangemE nts for the care of such sick or disabled persons up to a maximum of eight hours sick leave. 9.1.2 Funeral Leave: Ail employee who has accumulated sick leave credits, as provided in the Civil Service Rules, shall be granted one day of such leave to attend the funeral of the employee's grandparent or grandchild. 9.1.3 Sick Child Care Leave: An employee who has worked for the District for at least twelve (12) consecutive months for an average of twenty (20) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to M.S.191.9413 and shall remain Lvailable as provided in Statute. 9.2 Court Duty Leave: Any employee who is required during his/her regular working hours to appear in court as a juror or witness except as a witness in his/her own behalf against the Employer, shall be paid regular pay while so engaged, provided, however, that any fees that the employee may receive from the court for such service shall be paid to the Employer and be deposited with the Employer Business Office. Any enployee who is scheduled to work a shift other than the normal daytime shift shall be rescheduled to work the normal daytime shift during such time as the employee is required to appear in court as a juror or witness. • 7 q#--lls? ARTICLE 9. LEAVES OF AB ENCE (continued) 0 9.6 Parental Leave: 9.6.1 Parental leave is - leave without pay or benefits which shall be granted upon request sub =ct to the provisions of this section. It may be granted for reasons of adoption or pregnancy and/or the need to provide parental care for a child o children of the employee for an extended period of time immediately folio ing adoption or the conclusion of pregnancy; such period of leave s II be no longer than one calendar year in length. Leave up to six (6) cal: dar months shall be granted upon request. Leave for - more than six (6) calendar months is at the discretion of the Employer. 9.6.2 In the case of pre, nancy, an employee who wishes to use a period of (paid) earned sick le: e at the time of pregnancy and delivery- related disability, may rzeuest unpaid parental leave for a period following the use of earned si. k leave; however, sick leave time shall not be granted within (during th course of) a period of unpaid parental leave. The employee reques ng such sequential leave shall submit an application in writing to the Dir: tor of Human Resources of Independent School District No. 625 not late than twelve (12) weeks in advance of the anticipated date of delivery. The employee will be required to submit, at the time of use, appropriate edical verification for the sick leave time claimed. 9.6.3 In the case of ad 'ption, the employee shall submit a written application to the Director of H man Resources, of Independent School District No. 625 • including the ant ipated date of placement of the child, at least twelve (12) weeks in a• ance of the anticipated date of placement, or earlier if possible. Docu zntation will be required. 9.6.4 When an emplo ee is returning from parental leave extending over a period of six (6) alendar months or less, the employee shall be placed, at the beginning of the first pay period following the scheduled date of return, in the sa e position held prior to the leave or, if necessary, in an equivalent position. 9.6.5 When an emplo =e has requested and been granted leave for a period longer than six (6) calendar months, but no more than twelve (12) calendar months the employee will be placed in an equivalent position after the sched ed date of return as soon as an equivalent vacancy becomes availab' =. For purposes of this provision, an equivalent vacancy is a position in t e same title which exists, has no incumbent, which is to be filled, and for hich no other person has rights. 9.7 Family Medical Leave: Effective February 1, 1994, leaves of absence shall be granted as required und: r the federal law known as the Family and Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures wh h coordinate contractual provisions with FMLA. III 9 - / /ja ARTICLE 10 . WAGES (contin ed): • 10.3 Initial step placement hen an employee is regularly appointed into a title covered by this Agreeme t or moves from one title covered by this Agreement to an appointment in a Jiff rent title under this Agreement, shall be governed by Civil Service rules. 10.4 Salary Step Progression: 10.4.1 Progression thr• ugh the steps of a salary range in this contract will be based on the fol •wing conditions: 10.4.2 Employees mu- have received an overall rating of "Satisfactory" on their most race t performance evaluation to receive any salary step advancement. 10.4.3 Movement from step to step will not occur until the next full pay period following the a iversary date of the employee's provisional or regular appointment, s • long as the employee has remained continuously employed and as completed the minimum number of hours described below. 10.4.4 Step A shall •e the normal entry rate for the positions in this bargaining uni , except as otherwise provided in existing rules. • Employees sha remain at the Step A pay rate until the completion of 1,040 hours on he payroll in the title, then move to Step B. Employees may receive o e additional step, to the Step C pay rate for the next 1,040 hours o the payroll in the title. 10.4.5 For each addi onal 2,080 hours on the payroll, the employee may advance beyo d Step C by one additional step following his /her anniversary dat , up to and including Step G. 10.4.6 For the purpos: of progression to the Step H and Step I rates, the term "year of full -ti e service" shall be defined as the completion of a minimum of 2,180 hours on the payroll for the equivalent of one (1) year of service 10.4.7 When an employee completes ten (10) years of full -time service in the District, that e ployee may be granted an increase of one additional salary step, no to exceed Step H (i.e., 2,080 hours x ten (10) years = 20,800 minim m hours required). 10.4.8 When an empl•yee completes fifteen (15) years of full -time service in the District, t =t employee may be granted an increase of one (1) additional sala step, not to exceed Step I (i.e., 2,080 hours x fifteen (15) years = :1,200 minimum hours required). • 11 9j-ll6 2- ARTICLE 13. SEVERANCE PA • 13.1 The Employer shall provi• : a severance pay program as set forth in this Article. 13.2 To be eligible for the s verance pay program, an employee must meet the following requirements: 13.2.1 The employee ust be 58 years of age or older or must be eligible for pension under e "Rule of 85' or the "Rule of 90" provisions of the Public Employe Retirement Association (PERA). The "Rule of 85" or the "Rule of 90 criteria shall also apply to employees covered by a public pension p n other than PERA. 13.2.2 The employee ust be voluntarily separated from School District employment or ave been subject to separation by layoff or compulsory retirement. Tho e employees who are discharged for cause, misconduct, inefficiency, inc • mpetency or any other disciplinary reason are not eligible for this everance pay program. 13.2.3 The employee ust have at least ten (10) years of consecutive service under the cla-- ified or unclassified Civil Service at the time of separation. Fo the purpose of this Article, employment in either the City of Saint Pa I or in Independent School District No. 625 may be used in meeting this ten (10)- year service requirement. 13.2.4 The employee must file a waiver of re- employment with the Director • of Human Res. urces, 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 Paul or with Independent Sc ool District No. 625. 13.2.5 The employee ust have accumulated a minimum of sixty (60) days of sick leave credi s at the time of his/her separation from service. 13.3 If an employee requests everance pay and if the employee meets the eligibility requirements set forth - •ove, he or she will be granted severance pay in an amount equal to one -ha of the daily rate of pay for the position held by the employee on the date of eparation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 13.4 The maximum amount f money that any employee may obtain through this severance pay program s $7,500. 13.5 For the purpose of this s:verance pay program, a death of an employee shall be considered as separation of employment; and, if the employee would have met all of the requirements set forth above at the time of his or her death, payment of the severance pay will be ma e to the employee's estate or spouse. • 13 q 1 -1 c) ARTICLE 14 . INSURANCE - AL. GROUPS 14.1 The Employer will conti rue for the period of this Agreement to provide for employees such health and life insurance benefits as are provided by Employer at the time of execution of this Agreement. 14.2 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 -fjre (65) years of age, such health insurance benefits and life insurance benefits as are provided by the Employer for active employees under this Agreement. 14.3 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- ive (65) years of age fifty per cent (50 %) of such health insurance contributions and life insurance contributions as are provided by the Employer for full -time employees who retire under this Agreement. 14.4 Notwithstanding Article 14.2, the Employer will for the period of this Agreement contribute for full -time employees who retire after December 31, 1985, and who select the Physicians Health Plan- Combo or a successor plan provided by the Employer and until such retirees reach sixty-five (65) years of age, the cost of such retiree coverage or $125.00 per month, whichever is less. - For such retirees selecting family coverage, the Employer will contribute the • cost of such family cc verage or $284.12 per month, whichever is Tess. For half -time employees who retire after December 31, 1985, and who select the Physicians Health Plan-Combo or a successor plan provided by the Employer and until such retirees each sixty-five (65) years of age, the Employer will contribute fifty per cent (50 %) of such health insurance contributions as are provided by this Article 14.4 for full -time employees who retire. This provision 14.4 is nct applicable for employees appointed after January 1, 1990. 14.5 Employees who retire after execution of this Agreement must meet the following conditions at the time of retirement to be eligible for the Employer contributions to health insurance set forth in Article 14.2, 14.3, and 14.4: 14.5.1 Be receiving be refits from a public employee retiree act at the time of retirement; AND 14.5.2 Have severed lie employment relationship with Independent School District No. 625 under one of the early retiree plans. • 15 ARTICLE 14. INSURANCE - AL L GROUPS (continued) • 14.8.1 For employees regularly appointed to a title in this unit after January 1, 1990, who retire at the age of 65 or older or for early retirees upon reaching 65, and who have completed at least twenty (20) years of service wi :h the District at the time of their retirement, the Employer will provide health insurance contributions toward employee heath insurance plans as are provided by the Employer for retirees 65 years of age or older as approved Board of Education Resolution. For such employees or early retirees who have not completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age 65. 14.9 A retiree may not carry his/her spouse as a dependent if such spouse is also a City /Independent School District No. 625 retiree or City /Independent School District No 625 employee and eligible for and is enrolled in the City /Independent Scholl District No. 625 health insurance program. 14.9.1 Dependents m ly not be added after retirement except for a spouse who was excluded at the time of retirement under this 14.9 provision. 14.10 For each eligible empbyee covered by this Agreement who is employed fu, • time and who selects amployee insurance coverage, the Employer agrees to contribute the cost of such coverage or $157 per month, whichever is less. For each full -time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $270 per month, whichever is less. 1 4.1 1 For the purpose of this Article, full -time employment is defined as appearing on the payroll at least 32 hours per week or at least 64 hours per pay period, excluding overtime hours. 14.12 For each eligible empl Nee covered by this Agreement who is employed half time who selects employee insurance coverage, the Employer agrees to contribute fifty per cent (50 %) of the amount contributed for full -time employees selecting em ?loyee coverage in the same insurance plan. For each half -time enployee who selects family insurance coverage, the Employer will contribu ;e fifty per cent (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 payroll at least 20 hours but Tess than 32 hours per week or at least 40 hours but Tess than 64 hours per pay period, excluding overtime hours. • 17 gi4 1/5D- ARTICLE 14A. INSURANCE - PROFESSIONAL GROUP • 14A.1 The District agrees to contribute the cost of life insurance. The amount of life insurance provided uncle' this Article 14A.1 shall be equal to the employee's annual salary to the nearest full thousand dollars. This amount 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 employer paid life insurance shall be terminated. For the purpose of this Article 14A.1, 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 Section 14A.1 shall be discontinued effective May 31, 1994, and is null and void thereafter. • Effective June 1, 1994, employees in the Professional Group shall be covered under provisions of Article 14.15. 14A.2 Effective January 1, 1994, the Employer will contribute for each eligible employee covered by this Agreement who is employed full -time toward participation in a dental care plan offered by the Employer up to $20 per month for employee coverage. This Section 14A.2 shall be discontinued effective May 31, 1994, and is null and void thereafter. 14A.3 Any cost of any premiuri for any District - offered employee or family insurance coverage in excess of th3 dollar amounts stated in this Article 14A shall be paid by the employee. 14A.4 The provisions of this Article 14A. Insurance - Professional Group apply only to employees working in th a titles listed under the heading of "Professional Group" in Article 1.2. • 19 // ARTICLE 16. SENIORITY • 16.1 Seniority, for the purpos of this Agreement, shall be defined as follows: The length of continuous, re • lar, and probationary service with the Employer from the date an employee w= first certified and appointed to a class title covered by this Agreement, it bein• further understood that seniority is confined to the current class assignmen held by an employee. In cases where two or more employees are appointed to the same class title on the same date, the seniority shall be determined b employee's rank on the eligible list from which certification was made. 16.2 Seniority shall terminate hen an employee retires, resigns or is discharged. 16.3 In the event it is determi ed by the Employer that it is necessary to reduce the work force, employees w I be laid off by class title within each department based on inverse length of seni rity as defined above. However, when layoff occurs in any of the titles listed b: low under Column A, layoff shall be based on inverse length of total seniori in all titles listed on the corresponding line under Column B. The Human Resource D partment will identify such least senior employee in the department reducing p •sitions, and shall notify said employee of his /her reduction from the depa tment. If there are any vacancies in any of the titles under Column B on whi• seniority was based, in any other District department, the Human Resource I epartment shall place the affected employee in such vacancy. If two or mor vacant positions are available, the Human Resource Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in s ch titles, then the least senior District employee in such titles shall be identifi d, and if the employee affected by the original departmental reduction i more senior, he /she shall have the right to claim that position and the least senior District employee in such titles shall be the employee laid off. For e purposes of this Article, the Board of Education is not included as a City depa ent nor is a Board of Education employee included as a City employee. Column A Column B Clerk 1 Clerk I, Clerk II Clerk 11 Clerk I, Clerk II Clerk- Typist 1 Clerk- Typist I, Clerk- Typist II Clerk- Typist II Clerk- Typist II, Clerk- Typist I Clerk - Stenograp er I Clerk- Stenographer I, Clerk- Stenographer II 16.4 In cases where there a e promotional series, such as Clerk I, II, III, etc., when the number of employe:- in these higher titles is to be reduced, employees who have held lower title- which are in this bargaining unit will be offered reductions to the highe of these titles to which class seniority would keep them from being laid off, b =fore layoffs are made by any class title within any department. • 21 IL • ARTICLE 17. DISCIPLINE 17.1 The Employer will discipli ie employees for just cause only. Discipline will be in the form of: 17.1.1 Oral reprimand, 17.1.2 Written repri and; 17.1.3 Suspension; 17.1.4 Reduction; 17.1.5 Discharge. 17.2 Any written reprimand mode concerning any member of this bargaining unit which is filed with the Human Resource Department or within any Employer department, shall be shown to the member before it is placed on file. Before the reprimand is placed on fie, the Employer shall request from the employee an acknowledgment, in writin J, that the reprimand has been read by said employee. 17.3 Suspensions, reductions, and discharges will be in written form. 17.4 Employees and the MSEA will receive copies of written reprimands and notices of suspension and discharge. 17.5 Employees may examine all information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under direct supervision of the Employer. • 17.6 Discharges will be prece ied by a five (5)- day preliminary suspension without pay. During said period, the employee and/or MSEA may request and shalt be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5)- day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 17.7 An employee to be ques :ioned concerning an investigation of disciplinary action shall have the right to request that an MSEA representative be present. 17.8 A grievance relating to this Article shall be processed in accordance with the grievance procedure in Article 19 of this Agreement. This provision is not intended to abrogate rights of veterans pursuant to statute. ARTICLE 18. EMPLOYEE RECORDS 18.1 Any member of the bargaining unit may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after firs giving proper notice to the supervisor in custody of such file. • 18.2 Any member of the bargaining unit may file a grievance or a discrimination complaint and there shat be no retaliation by the Employer for such action. 23 9c_f_p 2- • ARTICLE 19. GRIEVANCE PROCEDURE (continued) Step 3. Within seven (7) workdays following receipt of a grievance referred from Step 2, a designated Employer supervisor shall meet with the MSEA Business Representative or the 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 MSEA, stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresoh ed, the MSEA may refer the grievance to Step 4. Any grievance not referred in writing by the MSEA to Step 4 within seven (7) workdays following receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the MSEA may within seven (7) workdays after the response of the Employer in Step 3, by written notice to the Employer request arbitration of the grievance. The arbitration proc 3edings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the MSEA 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. Both the Employer and the MSEA shall have the right tc strike two (2) names from the panel. The MSEA 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 arbitrator. 19.5 The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provis ons of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Employer and the MSEA 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, unless the parties agree to an extension. The decision shall be based solely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of the grievance presented. The decision of the arbitrator shall be final and binding on the Employer, the MSEA, and the employees. 19.6 The fees and expenses for the arbitrator's services and proceedings shall be borne equally by the Employer and the MSEA, provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim .ecord of the proceedings, it may cause such a record to be made, providing it paws for the record. 110 25 /4/ / • ARTICLE 22. VACANCIES 22.1. The Human Resource De , artment will post notices of those job vacancies which are to be filled at least ive working days before filling the vacancy so that qualified District employe: who hold the title may apply for consideration. 22.2. For the purpose of this A le, a vacancy need not be posted if it is to be filled by a current employee to avo • a layoff. 22.3. For the purpose of this A ' cle, a vacancy need not be posted if it is to be filled through reinstatement of a laid -off School District employee covered by this Agreement with recall rig s to the vacancy. 22.4 Administrative transfers n the same title will occur occasionally prior to or apart from the posting of acancies. ARTICLE 23. NON - DISCRIMI • ION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or disc mination for or against any individual because of race, • color, creed, sex, age • because of membership or non - membership in the MSEA. • 23.2 Employees will perf • rm their duties and responsibilities in a non - discriminatory man :r as such duties and responsibilities involve other employees and the gener• I public. • 27 q / /6' ARTICLE 26 . TERMS OF AG - EMENT • 26.1 Complete Agreement a • Waiver of Bargaining: This Agreement shall represent the complete Agreeme t between the MSEA and the Employer. The parties acknowledge that durin • the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject • r matter not removed by law from the area of collective bargaining, and that th = complete understandings and agreements arrived at by the parties after the ex rcise of that right and opportunity are set forth in this Agreement. Therefor = , the Employer and the MSEA, for the life of this Agreement, each volun rily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referr= • to or covered in this Agreement. 26.2 Saving Clause: This Agreement is subject to the laws of the United States, the State of Minnesota, and the City of Saint Paul. In the event any provision of this Agreement shall hold t• ` be contrary to law by a court of competent jurisdiction from whose final judgm = nt or decree no appeal has been taken within the time provided, such provisio shall be voided. All other provisions shall continue in full force and effect. 26.3 Term of Agreement: This Agreement shall be in full force and effect from January 1, 1994 thro gh December 31, 1995, and shall be automatically renewed from year to ear thereafter unless either party shall notify the other in writing by June 1 th = t it desires to modify or terminate this Agreement. In witness whereof, the • a es have caused this Agreement to be executed this 17 41 day of , 1994. • 26.4 This constitutes a to ative Agreement between the parties which will be recommended by the N gotiations/Labor Relations Manager, but is subject to the approval of the Board o Education of Independent School District No. 625 and is also subject to ratifica i on by the MSEA (Saint Paul Public Schools Classified Confidential Employees • ssociation). WITNESSES: INDEPENDENT SCHOOL DISTRI NO.625 MIIWESOTA SCHOOL EJMPL IATION 7 • Negotia ons/Labor Relatio s =Hager Busin ss Repr ntative, MSEA Presid�aint Paul Iic Schools Senior Labor Relation nalys t. Classified Confidential Employees 14-07Y/ / y y y Association Da = Date Ch •� , �' of Education 93 Date 29 q4/- //9 • APPENDIX A: TITLES AND SALARIES • • 1/1,-//i?' APPENDIX A (continued) • D E F G H Effective A B C NOTE(1) START .5 YEAR 1YEAR 2YEAR 3YEAR 4YEAR 5YEAR 10 YEAR 15 YEAR Grade 26 Substitute Staffing Clerk 12 -25 -93 1001.82 1046.90 1093.12 1142.56 1194.10 1229.92 1266.82 1304.83 1353.97 12 -24 -94 1021.86 1067.84 1114.98 1165.41 1217.98 1254.52 1292.16 1330.93 1381.05 • Grade 27 Clerk IV Human Resource Clerk 12 12 1021.86 1071.13 10 1170.88 1226.75 1263.56 1301.46 1340.50 1390.92 Grade 29 Benefits Technician 12-25-93 1055.51 1107.08 1156. 19 1212.36 1267.15 1305.16 1344.32 1384.65 12 -24 -94 1076.62 1129.22 1179. 52 1236.61 1292.49 1331.26 1371.21 1412.34 1464.9 Grade 30 Secretary 12 -25 -93 1086.68 1135.05 118666 1245.69 1302.81 1341.69 1381.94 1423.40 1476.10 12 -24 -94 1108.41 1157.75 121029 1270.60 1328.66 1368.52 1409.58 1451.87 1505.62 • Grade 31 Clerical Supervisor Personnel Specialist 1 12 -25 -93 1115.67 1165.12 1219 89 1275.76 1337.02 1377.13 1418.44 1461.00 1514.83 12 -24 -94 1137.98 1188.42 1244 29 1301.28 1363.76 1404.67 1446.81 1490.22 1545.13 Grade 32 Human Resource Information Systems Technician Personnel Technician - Board of Education 12-25-93 1146.86 1201.60 125t.34 1314.46 1375.69 1416.96 1459.47 1503.25 1558.35 12 -24 -94 1169.80 1225.63 128(.45 1340.75 1403.20 1445.30 1488.66 1533.32 1589.52 Grade 36 Personnel Specialist II 12-25-93 1280.04 1341.31 140' .46 1469.16 1540.08 1586.28 1633.87 1682.89 1743.37 12 -24 -94 1305.64 1368.14 142!.49 1498.54 1570.88 1618.01 1666.55 1716.55 1778.24 NOTE (1) Years listed for steps are Illustrative. See Article 10 for salary schedule step progression rules. • II y� -I152' • • •