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94-1153 CouncilFile# / y /75 - ORIGINAL Green Sheet# 2 7 d53 RESOLUTION . • , MINNESOTA Presented By 4iiiiThAliF• r Referred To Committee: Date • 1 RESOLVED, that the Cou cil of the City of Saint Paul hereby approves and 2 ratifies the attached 1994 -1995 Agreement between the Independent School District No. 3 625 and the American Federation 9 f State, County, and Municipal Employees, Council 4 14, Local 844, Clerical Bargaining nit, the American Federation of State, County, and 5 Municipal Employees, Council 14, Local 1842, Technical Bargaining Unit, and the 1994- 6 1995 Compensation Resolution A• justing Wages and Benefits for Confidential Classified 7 and Unclassified Supervisory Emp oyees. Yeas Nays Absent Blakey . � 1 � / Grimm V Requested by Department of: . Guerin ✓. Harris i/. Office of Labor Relations ard R Meg n 1/ I�� 16 Rettma 1./‘ By: V � Thune 1/ 63 O 1 Form Approved by City Attorney Adopted by Council: Date 1 \ d ci 9 C /' Adoption Certified by Council Secretar By: k.. . _._ • M Appr • • y May , r fo Su % 'ss• : n to Council i Approved by Mayor: to By . . A � By: ,...77/1"„,..%-:<,...% 7, :a ; y,..1 / DATE ailT1ATED N° 2 7 8 5 DEPARTMENT/OFFICE/COUNCIL ���� SHEET Resources- Labor Relations 6 -]J -94 INITIAL/BATE INITIAIJDAT* — CONTACT PERSON a PHONE ® RrmeNT DIRECTOR CITY co NiCIL Mary Kearney 266 -6495 ANinsisaSSIGIN FoR Wen" AT Y "r " 1 I ti 1410 ❑ CITY CLERK MUST SE ON COUNCIL AGENDA BY (DATE) sou" BUDGET DIRECTOR Q FIN. & MGT. SERVICES DIR. 47Rp61 m MAYOR (OR ASSISTANT) TOTAL # OF SIGNATURE PAGES 1 (CLIP 4LL LOCATIONS FOR SIGNATURE) ACTION REOUESTED: • This resolution approves the attached Agreements between the Independent School District N . 625 and AFSCME,- 'Council 14, Local 844 and 1842 (Clerical and Technical) and the Confidenti Classified and Unclassified Supervisor) Employees RECOMMENDATIONS: Approve (A) or Reject (R) PORSONAL SERVICE CONTRACTS MUST ANSWER THE FOLLOWING QUESTIONS: t 1. H this person/firm ever worked under a contract' for this department? _ . PLANNING COMMISSION v _ CIVIL SERVICE COMMISSION 1. NO CIB COMMITTEE 2. Has this person/firm ever been a city employee? _. STAFF YES NO _ DISTRICT COURT 3. Does this person/firm possess a skiff not normally possessed by any current city employee? SUPPORTS WHICH COUNCIL OBJECTIVE? YES NO EWIaln all yes answers on separate. sheet and attach to preen sheet INmATING PROBLEM, ISSUE, OPPORTUNITY (Who, Whet, When, Where, Why) • See attached summary. These Agreements pertain to the Board of Education employees only. RECEIVED .IU1_ 13 1994 ADVANTAGES IF APPROVED: CITY ATTORNEY DISADVANTAGES IF APPROVED: REC JUL 1 X94 MAYORS OFFICE DISADVANTAGES IF NOT APPROVED 6inell Rases* Etnter JUL 9 8 1994 TOTAL AMOUNT OF TRANSACTION $ COST/REVENUE BUDGETED (CIRCLE ONE) YES NO FUNDING SOURCE ACTIVITY NUMBER FINANCIAL INFORMATION: (EXPLAIN) y y //53 0 NEGOTI 'TIONS /LABOR RELATIONS OFFICE s IN 1`I� Saint P: 1 Public Schools Saint P.'ul, Minnesota i PUBLIC SCHOOLS HOM " ' W � MEMORANDUM TO: Mary Kearney City of St. Paul Office of Labor Rela • ens FROM: Phyllis E. Byers ' DATE: June 7, 1994 SUBJECT: 1994 - 1995 Compe sation Resolution Adjusting Wages and Benefits for Confide ial Classified and Unclassified Supervisory Employees Enclosed are three copies of the abov: Comp anon Resolution. o April Also, i attach ed is a copy of the agenda request that was approved byIthe Board of /Ic Enclosures INDEPENDENT SCHOOL DISTRICT NO. 625 14111 )1 'II BOA ' D OF EDUCATION ST. PA L PUBLIC SCHOOLS DATE: April 5, 1994 TOPIC: Approval of 19941995 Compensation Resolution Adjusting Wages and Bene for Confidential Classified and Unclassified Supervisory Em • oyees. A. PERTINENT FACTS:! 1) The nine employees whose positions fall into this group and whose terms and conditions of emplo ent are governed by this compensation resolution are by law excluded from e classified supervisory bargaining unit because of the confidential nature o their positions. Historically, the School District has treated these employees si ilarly to their colleagues who are in similar titles in the civil service professional upervisory bargaining unit. 2) In the March 16, 1 994, meeting of the Board of Education, a new labor agreement betwee the Board of Education and the Saint Paul Supervisors' Organization (SPS • was approved. The Saint Paul Supervisors' Organization represents the civil s'-rvice professional supervisory employees in the District. 3) This Compensatio Resolution provides for the professional confidential supervisory classifie and unclassified group wage adjustments (biweekly dollar adjustment in 1994, ! percent in 1995) and benefit adjustments like those in the 1994 -1995 cont ct with SPSO. 4) Nine employees are urrently affected by this resolution. 5) This request is su. miffed by Phyllis E. Byers, Negotiations /Labor Relations Manager; and Willi- m A. Larson, Assistant Superintendent, Fiscal Affairs and Operations. B. RECOMMENDATIO That the Board of Educatio of Independent School District No. 625 approve and adopt the 1994 -1995 Compensation Resolution herein described covering confidential classified and unclassified s pervisory employees, and authorize the appropriate District officials to implement its ter . q q,113 1 ' 94 - 1995 Boar • of Education Independent • •chool District No. 625 Compen ation Resolution covering Classifie and Unclassified Confide tial Supervisors January 1, 1994 hrough December 31, 1995 sAINT "/ pAUJn, PUBLI • SCHOOLS LIFELONG LEARNING ✓ � ct3 • INDEPENDENT' SCHOOL DISTRICT NO. 625 1994 -1995 COMPENSATION RESOLUTION CLASSIFIED AND UNCLASSIFIED CONFIDENTIAL SUPERVISORS This Compensation Resolution shall apply to the classified and unclassified Employees of the District holding the following *Ies: Accountant V Chief Accountant Employee Benefits Manager Internal Auditor Director of Food Service (Civil Service unclassified) General Manager of Facility Or erations and Maintenance (Civil Service unclassified) Human Rights Specialist (Civil Service unclassified) Titles designated as Civil Service rinclassified are not covered by the provisions of Civil Service Rules or any related rue covering employment in classified service positions. The terms and conditions of employment for titles designated as Civil Service unclassified are defined within this Compensation Resolution. SECTION 1. SALARIES • Employees employed in the aforE classified or unclassified supervisory titles and positions which are considered confidential shall be placed in a salary range equal to the 1994 and 1995 salary ranges applicable to employees employed in classified supervisory titles in District nom- confidential positions which are in the same pay grade and occupational group as tie confidential titles. Employees employed in the aforementioned titles and positions which are considered confidential and which are in pay grades in which there are no classified supervisory non- confidential titles, shall be placed in the 1994 and 1995 salary ranges which would be applicable to employees employed in classified supervisory non - confidential positions, if they existed, in the same pay grade and occupational group as the confidential titles. The 1994 wage adjustmet is shall be effective December 25, 1993. The 1995 wage adjustments shall be effective December 24, 1994. SECTION 2. VACATION Employees employed in the afokementioned titles shall continue to be covered by the vacation schedule shown below: Years of Service Vacation Days • First year through completion of 8 years 15 days After 8 years through completion of 15 years 20 days After 15 years and there after 25 days 1 q/4//c. 1994 -1995 COMPENSATION RESOL TION ,110 SECTION 3. INSURANCE (continu d): 3.6 Active Employee Dental Ins ance Contributions The Employer will contrib to for each eligible employee covered by this Resolution who is employe•, full -time toward participation in a dental care plan offered by the Employer up to $21 per month for single coverage, or up to $60 per month for family covers e. 3.6.1 Effective April 1, 1.94, the Employer will contribute for each eligible employee covered •', this Resolution who is employed full -time toward participation in a de tal care plan offered by the Employer up to $26 per month for single cov rage, or up to $65 per month for family coverage. 3.6.2 Effective January , 1995, the Employer will contribute for each eligible employee c.vered by this Resolution who is employed full -time toward participation I n a dental care plan offered by the Employer up to $30 per month for . Ingle coverage, or up to $70 per month for family coverage. • 3.7 Early Retiree and Retiree ealth Insurance Contributions: The Employer will for th period of this Resolution contribute for full -time employees who retire aft r December 31, 1987, and who select a health • insurance plan provided lby the Employer and until such retirees reach sixty -five (65) years of ag =, the cost of such early retiree coverage or $106.32 per month whichever is le s. For such retirees selecting family coverage, the Employer will contribute, he cost of such coverage or $318.41 per month, whichever is less. This, provision shall not be applicable for employees appointed after January 1, 1990. 3.7.1 For full -time empl yees appointed after January 1, 1990, to a title covered by this r: solution, the Employer will, for the period of this Resolution, provide for such employees who retire after the execution of this Resolution, an. who select a health insurance plan provided by the Employer, and un I such retirees reach sixty -five (65) years of age, health insurance . remium contributions up to the dollar amount per month provided by the Employer in the employee's last month of active service. 3.8 Part-Time Early Retiree :alth Insurance Contributions: The Employer will for t e period of this Resolution provide for half -time employees who retire afte the time of execution of this Resolution and until such employees reach sixty-fi e (65) years of age fifty percent (50 %) of such health insurance contribu ons and life insurance contributions as are provided by the Employer for full -ti I e employees who retire under this Resolution. 1111 3 1994 -1995 COMPENSATION RESOL TION SECTION 3. INSURANCE ( continu, •): 3.12 Health Insurance Contributi• s for Retirees Over Age 65: For employees hired or ap••inted to a title covered by this Resolution, prior to October 8, 1986, who retir : at age sixty -five (65) or older, the Employer will provide such health insura ce contributions toward employee health insurance plans as are provided for I y the Employer for retirees sixty -five (65) years of age or older as approved by :oard of Education action. 3.12.1 For employees w • retire at the age of sixty -five (65) or older or for early retirees u • l • n reaching age sixty -five (65), and who have completed at lea-, twenty (20) years of service at the time of their retirement, the Employer will provide such health insurance contributions towa d employee health insurance plans as are provided by the Employer or retirees sixty-five (65) years of age or older as approved by Boar. of Education action. For such employees or early retirees who hav:I not completed at least twenty (20) years of service at the time of their retirement, the Employer will discontinue providing any he. Ith insurance contributions upon their retirement or in the case of e•rly retirees upon reaching age sixty -five (65). For purpose of this p ovision, employment in either the City of Saint Paul or Independent hool District No. 625 may be counted in meeting the • twenty (20) ye r requirement, except for service prior to a resignation. 3.13 All Retirees - Spouse Cove ':ge: A retiree may not carry hi er spouse as a dependent if such spouse is also a District/City retiree or Di-, rict/City employee and eligible for and is enrolled in the District/City health nsurance program. 3.14 General Provisions: 3.14.1 The contributio 1 - indicated in this Section shall be paid to the Employer's Grou•, Health and Welfare Plan 3.14.2 Any cost of any premium for any District- offered employee or family insurance covera , e in excess of the dollar amounts stated in this Section 3 shall be paid b the employee. 3.14.3 It is the intent 'f the Employer to maintain during the term of this Resolution a pi= for medical and child care expense accounts to be available to ac ' ve employees covered by this resolution who are eligible for Em • oyer -paid premium contribution for health insurance for such expen s, within the established legal regulations and IRS requirements for 'such accounts. 5 9f1( 3 1994 -1995 COMPENSATION RESOL JTION 4.2 Severance Pay: Provisions effective January 1. 1985 (Continued): 4.2.2 If an employee requtiests 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 of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of 200 accrued sick leave days. 4.2.3 The maximum amoc nt of money that any employee may obtain through this severance pay )rogram is $7,500. 4.2.4 For the purpose of - his severance pay program, a death of an employee shall be considered as separation of employment and, if the employee would have met all g the requirements set forth above at the time of his or her death, payment of the severance pay may be made to the employee's estate or spouse. 4.2.5 For the purpose bf this severance pay program, a transfer from Independent Schoo0 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. 4.2.6 The manner of payMent of such severance 3ev shall e Pay Plan already in with the provisions of the School District eance existence. 4.2.7 This severance pay program shall be subject to and governed by the provisions of the ,riginal School District Severance Pay Plan (which allows $4,000 ma durum payment) except in those cases where the specific provisions of this Section conflict with said Severance Pay Plan and such cases, the provisions of this Section shall control. 4.2.8 Any employee hire prior to December 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 p under either this Section or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1984 shall be entitled only to the benefits of this Section upon meeting the qualifications herein. 4.2.9 An employee of Independent School District No. 625 shall not be eligible for the severance pay provision of this Section if such employee is also eligible and a recipient of an Early Retirement Incentive payment by the District. • 7 94F//63 APPENDIX A • T ES AND SALARIES w Effective A C D E F G 10 YEAR 15 YEAR B Grade 15 Human Rights Specialist (Civil Service unclassified) 12-25-93 2 -24 -94 1,484.85 1,538.87 6 8.87 1,593.1 1,663.98 1,740.57 1,819.29 1,902 99 1,956.99 2,010.10 1 Grade 20 Employee Benefits Manager 12 - - 1,663.98 1,724.75 1,787. c 1,869.43 1,955.19 2,045.90 2,140.35 2,199.26 2,260.07 12 -24 -94 1,697.26 1,759.25 1,823.1= 1,906.82 1,994.29 2,086.82 2,183.16 2,243.25 2,305.27 Grade 23 Accountant V Internal Auditor 12 -25 -93 1,804.82 1,870.40 1,939.4 2,028.49 2,122.04 2,222.36 2,324.62 2,391.20 2,456.73 12 -24 -94 1,840.92 1,907.81 1,978. 4 2,069.06 2,164.48 2,266.81 2,371.11 2,439.02 2,505.86 Grade 26 Food Service ice Director (Civil Service nclassified) 12 - 24 - 94 1,997.29 2,070.04 2,148. 2 2,245.25 2,352.33 2,462.51 2,577.63 2,650.34 2,722.18 Grade 28 General Manager of Facility Operatic 's and Maintenance (Civil Service unclassified) 12 -25 -93 2,068.03 2,144.21 2,224 c 1 2,328.43 2,438.33 2,550.24 2,670.78 2,747.84 2,823.08 12 -24 -94 2,109.39 2,187.09 2,268 : 0 2,375.00 2,487.10 2,601.24 2,724.20 2,802.80 2,879.54 Grade 33 Chief Accountant 12 -25 -93 2,373.79 2,451.67 2,5 05 2,675.59 2,801.91 2,935.79 3,073.92 3,161.54 3,249.37 12 -24 -94 2,421.27 2,500.70 2,60' 13 2,729.10 2,857.95 2,994.51 3,135.40 3,224.77 3,314.38 A • 110 A 9 491/513 • Employment Agreement - AFSCME ouncil 14, Local No. 844 April 19, 1994 Page 2 APPENDIX A: Salary '.chedule - New rates are effective December 25, 1993; and December 24, 1994. • In the 1994 year of he contract, the standard range salary schedule is restructured from a 25 -year ran • to to a 15 -year range. • The average sala rate increase is 1.03% for the first year of the contract and 1.93% for the seco d year of the contract. • Pay Equity - The Dis ict continues to monitor its obligations under the Minnesota Pay Equity Act and tak appropriate actions to maintain compliance with the act. Therefore, the femal - dominated titles of Clerk IV, Secretary and Clerical Supervisor are increased one rade on the salary schedule. This adjustment furthers the District's efforts to m intain compliance with the requirements of the Act. Memorandum of Agr ement: This Memorandum of Agreement covers AFSCME employee seniority a d layoff rights in the event of a separation of the Technical College from the Saint • aul Public School District. 3) The District has 347 e ployees in this bargaining unit. 4) This request is sub itted by Richard Kreyer, Senior Labor Relations Analyst; Phyllis E. Byers, Ne • •tiations/Labor Relations Manager; and William A. Larson, Assistant Superintend nt, Fiscal Affairs and Operations. B. RECOMMENDATIO : That the Board of Educatio of Independent School District No. 625 approve and adopt the Agreement concerning the =rms and conditions of employment of those employees in this school district for whom A erican Federation of State, County, and Municipal Employees, Council 14, Local No. 844 (• erical bargaining unit) is the exclusive representative; duration of said Agreement is for the p riod of January 1, 1994 through December 31, 1995; and adopt the related Memorandum o Agreement. 5y 1994 - 1995 AGREEMENT BETWEEN SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 And LOCAL UNION 844 DISTRICT COUNCIL 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, AFL -CIO January 1, 1994 Through December 31, 1995 aARNT I 7 __pAtUL PUBLIC SCHOOLS LIFELONG LEARNING • • ,z-/-#5_3 o INDEX ABILQI.E TITLE PAM Preamble v • 1. Recognition 1 2. Check Off 2 • 3. Maintenance of S : dards 2 4. Management Righ - 1 3 5. Hours of Work 3 6. Work Breaks 3 7. Holidays 4 8. Vacation 5 9. Leaves of Absence . 6 10. Wages 9 11. Working Out of C ssification 11 12. Mileage 11 13. Severance Pay I 1 2 III 14. Insurance 1 4 15. Probation 18 16. Seniority 19 17. Discipline 21 18. Employee RecordH 21 19. Grievance Proced re 2 2 20. Temporary Emplo' ees 24 21. Bulletin Boards.. 1 24 22. Vacancies 2 5 23. Non- Discriminat • n 2 5 24. No Strike, No Loc out 2 5 2 5 Legal Services.... 2 6 26. Safety Shoes 2 6 • 27. Terms of Agreem nt 2 7 - Appendix A: Titl and Salaries I -1 V • iii PREAMBLE • This Agreement, entered into by Independent School District No. 625, hereinafter referred to as the Employer or a s the District, and Local Union 844, affiliated with Council 14 of the American Fede'ation of State, County, and Municipal Employees, AFL -CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of rates of pay, hours of work, and ?ther conditions of employment. • , • v 9y / /S3 ARTICLE 1. RECOGNMON 1.1 The Employer recognizes th Union as the sole and exclusive bargaining for the purpose of establishi ! salaries, wages, hours, and other conditions a t tio of employment for all of its e ' • loyees as outlined in the .certification by the State of Minnesota Bureau of Me• ation Services, dated October 16, 1986, in Case No. 87-PR-1 58 and as ame ded and as set forth in Section 1.2 below. 1.2 The bargaining unit cover by this Agreement shall consist of the following: All office, clerical, and admini trative personnel who are employed by Independent School District No. 625, S int Paul, Minnesota, and who are public employees within the meaning of M.S. 179A.03, Subd. 14 in the classifications of: Accounting Clerk I 1 1 E.D.P. Aide Accounting Clerk II Elementary School Clerk Bookstore Clerk Furniture Processor Cashier Payroll Clerk Clerical Supervisor Payroll Clerk II Clerk I Payroll Systems Supervisor Clerk II Procurement Specialist Clerk III Procurement Specialist Trainee Clerk IV 1 Clerk- Stenographer 1 Secretary • Clerk- Stenographer II Security Monitor Clerk- Stenographer 111 Senior High School Clerical Services Clerk- Typist Supervisor Clerk- Typist (Bilingual Service Worker II Clerk- Typist I Storehouse Helper Clerk- Typist I (Bilingu -') Storekeeper Clerk- Typist II Storekeeper (Food Service) Clerk- Typist 11 (Bilingu : I) Storeroom Assistant Community Education Cle Storeroom Supervisor Computer Operator , Stores Clerk (School Food Service) Courier /Data Processing '. ide Trainee (Clerical) Data Entry Operator I Traffic Operations Coordinator Data Entry Operator II Transportation Coordinator I Data Entry Operator III Transportation Coordinator II Disbursement Auditing S pervisor Duplicating Equipment O erator Duplicating Equipment O d erator Supervisor excluding supervisory, co fidential and all other employees. III 1 1 ARTICLE 4. MANAGEMENT RIGHT • 4.1 The Union recognizes the ri, t of the Employer to operate and manage its affairs in all respects in accordanc with applicable laws and regulations of appropriate authorities. All rights an., authority which the Employer has not officially abridged, delegated or modi =d by this Agreement are retained by the Employer. 4.2 A public employer is not re uired to meet and negotiate on matters of inherent managerial policy, which in• ude, but are not limited to, such areas of discretion or policy as the functions '= nd programs of the Employer, its overall budget, utilization of technology, an organizational structure and selection and direction and number of personnel. ARTICLE 5. HOURS OF WORK 5.1 The normal work day sh -`l be seven and three - fourths (7 -3/4) consecutive hours per day, excluding 1: forty -five- (45) minute lunch period, fifteen (15) minutes of which shall be p id. 5.2 The normal work week sh II be five (5) consecutive normal work days in any seven- (7) day period. 5.3 For employees on a shift •asis, this shall be construed to mean an average of thirty -eight and three -fou hs (38 -3/4) hours per week. 5.4 This section shall not be c•nstrued as, and is not a guarantee of, any hours of work per normal work day .r per normal work week. • 5.5 Time on the payroll in exc ss of the normal hours set forth above in this Article shall be "overtime work" . nd shall be done only by order of the head of the department. 5.6 All employees in this bar. aining unit shall be recompensed for work done in excess of the normal hou i s established above in this Article by being granted compensatory time on a ti e and one -half basis or by being paid on a time and one -half basis for such o 1 =rtime work. The overtime rate of one and one -half shall be computed on the • asis of 1 /80th of the biweekly rate. 5.7 Normal work schedules s owing the employee's shifts, work days, and hours shall be posted on all • . partment bulletin boards at all times. It is also understood that deviation f om posted work schedules shall be permissible due to emergencies, acts of God, I nd overtime may be required. ARTICLE 6. WORK BREAKS 6.1 Rest Periods: All emplo ees' work schedules shall provide for a fifteen- (15) minute rest period during ach one -half shift. The rest period shall be scheduled by the supervisor at app •ximately the middle of each one -half shift whenever this is feasible. 6.2 If an employee is schedu =d to work a full half -shift beyond the regular quitting time, the employee shall •= entitled to the rest period that occurs during said half • shift. 3 // - / /S3 ARTICLE 8. VACATION • 8.1 Vacation credits shall accu ulate at the rates shown below for each full hour on the payroll, excluding ove me. Years of Service Hours of Vacation 1st year through 4t year .0385 5th year through 9 year .0577 10th year through 1 -th year .0654 16th year through -{rd year .0808 24th year and ther = : fter .1000 8.2 The head of the departmen may permit an employee to carry over into the next "vacation year" up to one h' ndred and twenty (120) hours of vacation. 8.2.1 An employee w • has more than one hundred and twenty (120) hours of accrued vaca on remaining at the end of the last full pay period in October shall ei er: (a) be require. use the hours of vacation in excess of one hundred 110 and twen (120) hours prior to the end of the fiscal year (IRS payroll re'orting year): or (b) be comps ated for hours in excess of one hundred and twenty (120) hour at end of year: or (c) be provide,. an exception for additional carryover of vacation by means of = pproval of his/her department head. Choice of option a, b, or c is at the discretion of the Employer. 8.2.2 For the purpos of this Article, the "vacation year shall be the IRS payroll reportin year. 8.3 The above provisions of v. cation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section I, Subd. H. • 5 9 ARTICLE 9. LEAVES OF ABSEN ' (continued): 9.3 Military Leave With Pay: ny employee who shall be a member of the National Guard, the Naval Militia or Many other component of the militia of the state, now or hereafter organized or c • nstituted under state or federal law, or who shall be a member of the Officers R erve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Cot Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss '•f pay, seniority status, efficiency rating, vacation, sick leave or other benefit for all the time when such employee is engaged with such organization or co ponent in training or active service ordered or authorized by proper aut 'ority pursuant to law, whether for state or federal purposes, provided that su'h leave shall not exceed a total of fifteen (15) days in any calendar year and fu er provided that such leave shall be allowed only in case the required milita or naval service is satisfactorily performed, which shall be presumed unless he contrary is established. Such leave shall not be allowed unless the emplo ee (1) returns to his/her position immediately upon being relieved from suc military or naval service and not later than the expiration of time herein imited for such leave, or (2) is prevented from so returning by physical or I mental disability or other cause not due to such employee's own fault, or (:) is required by proper authority to continue in such military or naval service b yond the time herein limited for such leave. 9.4 General Non - Compensate Leave of Absence: After three months of employment, an employee may make ap • lication for a leave of absence not to exceed one year. A • leave of absence shall be granted on the basis established in the Civil Service Rules (Resolution No. 32 0). 9.4.1 Said rules are su plemented and amended by the following provision: All requests for npaid leave are subject to District approval. Such requests are to •' = submitted to the Human Resource Department on a form provided b I the Employer. If an employee' request for thirty (30) days or more of non- medical and non - parents leave is approved, the employee will be offered the opportunity to r'. turn to employment in an equivalent position, if a vacancy is avail ='ble after the conclusion of the leave. If no equivalent vacancy exists :t that time, the District will continue to consider the employee's retur for two (2) years after the conclusion of leave. If no equivalent vacan . y has occurred and has been assigned by the end of two (2) years from e conclusion of leave, the employee's name will be dropped from c. nsideration as though he /she had resigned, and the employee will be considered resigned. "Equivalent vac: ncy" means a position of the same job classification held by the e ployee at the time of the leave, which remains in existence, has b ':en vacated by the resignation or termination of another employee, an.I which the District intends to fill in the same classification. 7 9‘7 ARTICLE 9. LEAVES OF ABSENC (continued): • February 1, 1994 9.6 Family Medical Leave: Effective Feb ry 1994, leaves of absence shall be granted as required under 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 which coordinate contractual provisions with FMLA. 9.7 School Activities Leave With but Pay: An employee may request and be granted up to sixteen (16) hours of unpaid leave per calendar year for school activities of his/her own child, pursuan to M.S.181.9412 rules, so long as the Statute so provides. 9.8 Military Leave Without Pay: Any employee who engages in active service in time of war or other emergency declared by proper authority of any of the military or naval forces of the State or of the United States for which leave is not otherwise allowed by law shall be enti led to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. Such leaves of absence as are granted under 9.3 of this Article shall conform to Minnesota Statutes, Section 192, as amended from time to time and shall confer nO additional benefits other than those granted by said statute. ARTICLE 10. WAGES • 10.1 The wage schedule, for pu poses of this contract, shall be Appendix A, attached hereto. Both parties agre s that the inclusion of the classifications and salary ranges in Appendix A does not preclude the employer from the following: 1. Reorganizing 2. Abolishing classifications 3. Establishing new classifications 4. Regrading classifications 5. Reclassifying positions) 10.2 Both parties also agree tha ; titles and grades in Appendix A refer to employees in the positions at the date of signing of the Agreement. No employee in this bargaining unit shall suffer any reduction in salary because of a regrading or reclassification during the contract period in which such regrading or reclassification takes place 10.3 Notwithstanding 10.1 abov 8, salary rates in Appendix A shall be reduced in the amounts necessary to equalize payment to individual HRA employees and Independent School District No. 625 employees who receive different pension benefits. • 9 ARTICLE 11. WORKING OUT OF CLASSIFICATION in an employee 1.1 Employer shall avoid, whe sever possible, working on an out -of- p y class assignment for a prolonged period of time. Any employee working an out- of -class assignment for a period in excess of fifteen (15) working days during a year shall receive the rate of pay for the out -of -class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes of this Article, an out -of -class assignment is defined as an assignment of an employee to perform, on a full -time basis, all of the significant duties and responsibilities of a positio l different from the employee's regular position, and which is in a classification ,igher than the classification held by such employee. The rate of pay for an app 'wed out -of -class assignment shall be the same rate the employee would receivo if such employee received a regular appointment to the higher classification. 11.2 For the following classifications, the provisions of 11.1 shall not apply to performance of the duties c the next higher classification in the job series: Clerk Clerk- Stenographer Clerk- Typist Data Entry Operator I • ARTICLE 12. MILEAGE 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committer utilizing the following plan: PLAN "A ", effective wits the adoption of this Agreement, is reimbursed at the rate of 280 per mile. I n addition, a maximum amount which can be paid per month is established ?y an estimate furnished by the employee and the employee's supervisor.I Another consideration for establishing the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for the employee to keep a record of each trip made. • 11 qL-/--//s3 ARTICLE 13. SEVERANCE PAY (.'ntinued): 13.6 For the purpose of this s: erance pay program, a transfer from Independent School District No. 625 e I ployment to City of Saint Paul employment is not considered a separation of mployment, and such transferee shall not be eligible for this severance program. 13.7 The manner of payment of - uch severance pay shall be made in accordance with the provisions of the School's District Severance Pay Plan already in existence. 13.8 This severance pay progra I shall be subject to and governed by the provisions of the original School District - everance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severanc Pay Plan and in such cases, the provisions of this Article shall control. 13.9 The provisions of this Artic shall be effective as of January 1, 1984. 13.10 Any employee hired prior ■• December 31, 1983, may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (whic allows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Article or the basic Sc ool District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall be entitled •nly to the benefits of this Article upon meeting the qualifications herein. 1 3.1 1 Original Severance Pay P n: Employees shall be eligible for severance pay in accordance with the Sch' oI District's Severance Pay Plan. The amount of severance pay allowed sha be that amount permitted by State Statutes subject to the provisions that the ma imum amount allowed shall be $4,000. • 13 /3 ARTICLE 14. INSURANCE (contin Jed): re 14.6 Effective January 1. 1987 in addition to meeting the eligibility requirements q stated in 14.5.1 and 14.5 2 above, retiring employees must also meet the following condition in order to be eligible for the early retiree insurance benefits set forth in Articles 14.2, 14.3, and 14.4: 14.6.1 Must be at least fifty-eight (58) years of age and have completed twenty -five (25) [ years of employment with the Independent School District No. 6251 OR The combination of their age and their years of service must equal eighty -five (85) or more OR Must have completed at least thirty (30) years of service. 14.7 Effective Janu:ry 1. 1987, full -time employees who retire and who meet the conditions set forth in 14.5.1 and 14.5.2 but who meet none of the conditions set forth in 14.6.1, shall be eligible for the following percentages of the amount contributed by the Employer toward health insurance for active employees in the same health plan. Such re tirees shall be eligible for such contribution until they . each sixty-five (65) years of age. [ Combination of Age Contribution for Contribution for • and Years of Service Single Coverage Family Coverage 84 90% 90% 83 80% 80% 82 70% 70% 81 60% 60% 80 50% 50% 14.8 For employees who retire at the age of sixty-five (65) or older or for early retirees upon reaching siorty -five (65), and who have completed at least ten (10) years of service wi Ih the District at the time of their retirement, the Employer will provide health insurance contributions toward employee health insurance plans as are provided by the Employer for retirees 65 years of age or older as approved by Boars of Education Resolution. For such employees or ee rly retirees who have not completed at least ten (10) 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. This Subdivision 14.8 shal not apply to employees who were regularly appointed to District/City employment prior to May 3, 1988. Employees who were regularly appointed to I strict/City employment prior to the signing of this Agreement and subsequently terminated shall be covered by this Agreement in the event that they are regularly appointed at a later date. • 15 5V//53 l ARTICLE 14. INSURANCE (contin ed): d by this A 14.13 Notwithstanding Article 1 • .12, employees covers y Agreement and g employed half time prior t• January 1, 1986, shall receive the same insurance contributions as a full -ti = employee. This Article 14.13 applies only to employees who were emp''•yed half -time during the month of December 1985 and shall continue to apply only as long as such employee remains continuously employed half time. 14.14 Effective January 1. 1995' the amount of Employer's contribution toward the employee coverage in Arti• 14.10 will be adjusted in dollars to reflect the cost of the highest January 1, 995, premium rate for employee coverage or $170 per month, whichever is le s. • The Employer's contri • tion toward family coverage in Subd. 14.10 will be adjusted in dollars t• I reflect the cost of the highest January 1, 1995, premium rate for famil coverage or $290 per month, whichever is less. 14.15 Life Insurance: 14.15.1 For each eligibl employee, the Employer agrees to contribute the cost of $5,000 of lit: insurance coverage. 14.15.2 For each eligibl: employee, the Employer agrees to contribute to the cost of $20,0. life insurance coverage in addition to the basic $5,000 coverage described in 14.15.1 above; this brings total life • insurance cov age to $25,000. The total premium contribution by the Employer f''r all life insurance coverage shall not exceed $6.32 per month. 14.16 The contributions indicat in this Article 14 shall be paid to the Employer's group health and welfare • an. 14.17 Any cost of any premi m for any Employer- offered employee or family insurance coverage in ex :Ss of the dollar amounts stated in this Article 14 shall be paid by the employee. 14.18 It is the intent of the Em s loyer to maintain during the term of this Agreement a plan for medical and chit • care expense accounts to be available to employees in this bargaining unit who are eligible for Employer -paid premium contribution for health insurance for - ch expenses, within the established legal regulations and IRS requirements for uch accounts. • 17 9'/ //$_3 ARTICLE 16. SENIORITY • 16.1 Seniority, for the purpose of this Agreement, shall be defined as follows: The length of continuous, regular, and probationary service with the Employer from the date an employee was first certified and appointed to a class title covered by this Agreement, it being f arther understood that seniority is confined to the current class assignment held by an employee. In cases where two or more employees are appointed tc the same class title on the same date, the seniority shall be determined by Employee's rank on the eligible list from which certification was made. 16.2 Seniority shall terminate wren an employee retires, resigns or is discharged. 16.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will be laid off by class title within each department based on inverse length of seniorry as defined above. However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total seniority i!1 all titles listed on the corresponding line under Column B. The Human Resource Department will identify such least senior employee in the department reducing pos tions, and shall notify said employee of his/her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other District department, the Human Resource Der artment shall place the affected employee in such vacancy. If two or more recant positions are available, the Human Resource • Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and if the employee affected by the original departmental reduction is 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 the purposes of this Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. Column A Column B Clerk I Clerk I, Clerk II Clerk I1 Clerk I, Clerk II Clerk- Stenographer I Clerk- Stenographer I, Clerk- Stenographer II Clerk- Typist I Clerk- Typist I, Clerk- Typist II Clerk- Typist II Clerk- Typist II, Clerk- Typist I Data Entry Operator I Data Entry Operator I Data Entry Operator II 16.4 In cases where there are promotional series, such as Clerk I, II, III, etc., when the number of employees In these higher titles is to be reduced, employees who have held lower titles 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 ayoffs are made by any class title in any department. 111 19 9 ARTICLE 17. DISCIPLINE • 17.1 The Employer will disciplins employees for just cause only. Discipline will be in the form of: 17.1.1 Oral reprimand; 17.1.2 Written reprima 'id; 17.1.3 Suspension; 17.1.4 Reduction; 17.1.5 Discharge. 17.2 Any written reprimand mace concerning any member of this bargaining unit which is filed with the Hur'nan 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 file, the Employer shall request from the employee an acknowledgment, in writing, hat the reprimand has been read by said employee. 17.3 Suspensions, reductions, and discharges will be in written form. 17.4 Employees and the Union w I II receive copies of written reprimands and notices of suspension and discharge. 17.5 Employees may examine a l information in their Employer personnel files that concerns work evaluations, commendations and/or disciplinary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 17.6 Discharges will be preceded by a five- (5) day preliminary suspension without • pay. During said period, the employee and/or Union may request and shall 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 the Civil Service Rules or may modif or withdraw same. 17.7 An employee to be questior ed concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 17.8 A grievance relating to thin 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 written reprimand mace concerning any member of this bargaining unit which is filed with the Hunan 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 file the Employer shall request from the employee an acknowledgment, in writing, fiat the reprimand has been read by said employee. 18.2 Any member of the bargai ing unit may, during usual working hours, with the approval of the supervisor, review any material placed in the employee's personnel file, after first giving proper notice to the supervisor in custody of • such file. 21 9z/- //s3 • ARTICLE 19. GRIEVANCE PROC = URE (continued): Step 3. Within seven (7) work days following receipt of a grievance referred from Step 2, a • Employer supervisor shall meet with the Union Business anager or his /her designated representative, the Employee, and t e steward, and attempt to resolve the grievance. Within seven (7) ork days following this meeting, the Employer shall reply in writing to the Union, stating the Employer's answer concerning the grievance. I as a result of the written response, the grievance remains unresolv:d, the Union may refer the grievance to Step 4. Any grievance not ref • rred in writing by the Union to Step 4 within seven (7) work days f• (lowing receipt of the Employer's answer shall be considered waive. Step 4. If the grievance emains unresolved, the Union may within seven (7) work days after he response of the Employer in Step 3, by written notice to the E ployer request arbitration of the grievance. The arbitration proce'• dings shall be conducted by an arbitrator to be selected by mut =1 agreement of the Employer and the Union within seven (7) work d . ys after notice has been given. If the parties fail to mutually agree tit on an arbitrator within the said seven (7) day period, either party may 'equest the Bureau of Mediation Services to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to • trike two (2) names from the panel. The Union shall strike the first ( st) name; the Employer shall then strike one (1) • name. The proc: s will be repeated and the remaining person shall be the arbitrator. 19.5 The arbitrator shall have o right to amend, modify, nullify, ignore, add to or subtract from the provisi• s of this Agreement. The arbitrator shall consider and decide only the speci c issue submitted in writing by the Employer and the Union and shall have no : thority to make a decision on any other issue not so submitted. The arbitrator -hall be without power to make decisions contrary to or inconsistent with or m• ifying or varying in any way the application of laws, rules or regulations havin •' the force and effect of law. The arbitrator's decision shall be submitted in w ting within thirty (30) days following close of the hearing or the submissio of briefs by the parties, whichever be later, unless � the parties agree to an e tension. The decision shall be based solely on the arbitrator's interpretation •'r application of the express terms of this Agreement and to the facts of the grie ance presented. The decision of the arbitrator shall be final and binding on the E ployer, the Union, and the employees. 19.6 The fees and expenses r the arbitrator's services and proceedings shall be borne equally by the Emp •yer and the Union, provided that each party shall be responsible for compens- ing its own representatives and witnesses. If either party desires a verbatim r ord of the proceedings, it may cause such a record to be made, providing it pay - for the record. • 23 9 3 ARTICLE 22. VACANCIES • 22.1. The Human Resource Department will send notices of job vacancies to each building to be posted at least five working days before filling the vacancy so that qualified District employees, who hold the title may apply for consideration. 22.2. For the purpose of this Arti Ie, a vacancy need not be posted if it is to be filled by a current employee to avoid a layoff. 22.3. For the purpose of this Arcle, a vacancy need not be posted if it is to be filled through reinstatement of s laid -off School District employee covered by this • Agreement with recall right t to the vacancy. ARTICLE 23. NON - DISCRIMINATI DN 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to or discrinination for or against any individual because of race, color, creed, sex, age or because of membership or non - membership in the Union. 23.2 Employees will perforce their duties and responsibilities in a non- e discriminatory manner as such duties and responsibilities involve other employees and the general ,public. ARTICLE 24. NO STRIKE, NO LOCKOUT 24.1 Neither the Union, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in part of the full performance of their duties during the life of this Agreement, exc ept as specifically allowed by the Public Employment Labor Relations Act. In the event of a violation of this Article, the Employer will warn employees of the cc'nsequences of their action and shall instruct them to immediately return to their normal duties. Any employee who fails to return to his /her full duties within twenty -four (24) hours of such warning may be subject to the penalties provided in the Public Employment Labor Relations Act. 24.2 No lockout, or refusal to allow employees to perform available work, shall be instituted by the Employ r and /or its appointing authorities during the life of this Agreement. • 25 9* o • ARTICLE 27. TERMS OF AGREEMERT 27.1 Complete Agreement and V of Bargaining: This Agreement shall represent the complete Agreement between the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the co nplete understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, tie Employer and the Union, for the life of this Agreement, each voluntarily 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 referred to or covered in this Agreement. 27.1.1 Pay Equity - Possible Re- Opener: If, during the term of this Agreement, the District is found out of compliance wit I Pay Equity requirements by the Minnesota Department of E nployee Relations (DOER), and if the finding of non - compliance indic gates that American Federation of State, County, and Municipal Employees' classes which are female- dominated and described by DOER as under- compensated are a specific contributing cause of the non-compliance judgment, and if the non - compliance judgment stands after the completion of any and all appeal processes, then the District and the Union will re -open the contract for the sole • purpose of negotiations limited to efforts to address the specific compliance problems in a manner designed by the parties to move toward compliance. The Union and Ithe District acknowledge that no right to strike is derived from any outcome of the negotiations or lack of agreement during this re -op ener, should it be necessary to re -open. 27.2 Savings 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 to be contrary to law by a court of competent jurisdiction from whose final judgment Dr 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. 27.3 Term of Agreement. This Agreement shall be in full force and effect from January 1, 1994, through December 31, 1995, and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1 that it desires to modify or terminate this Agreement. In witness whereof, the parties have caused this Agreement to be executed this 3rd day of May, 1994. • 27 '2 /Si • ARTICLE 27. TERMS OF AGRE MENT (continued): 27.4 This constitutes a tentative Agreement between the parties which will be recommended by the Ne • tiations/Labor Relations Manager, but is subject to the approval of the Board o Education and is also subject to ratification by Local Union No. 844. WITNESSES: INDEPENDENT SCHOOL DISTRI NO. 625 LOCAL UNION 844, DISTRICT COUNCIL 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL go AP — t. EMPLOYEES, AFL -CIO 1 a ' / 1- ,. M ? 1 _ Nego • = tions/Labor Relation = ager Busin s Rep sen e ito /77i o • Senior Labor Relations ' j 1 st esident, Local 844 III , 9 1 Date / Date II I J Ch. : ,f: r. T Education 3 1 Date I I • 29 • APPENDIK A: TITLES AND SALARIES • • 9 APPENDIX A: f f L.tS AND SALARIES (continued) • Effective A B C D E F O H I NOTE(1) STARr .SPEAR YEAR 2 VEAR 3YEAR 4YEAR 5YEAR 10 YEAR 15 YEAR Grade 16 Data Entry Operator II 12 -25 -93 786.78 816.28 847.16 879.99 918.02 945.56 973.93 1003.15 1043.31 12 -24 -94 802.52 832.61 864.10 897.59 936.38 964.47 993.41 1023.21 1064.18 Grade 17 • Clerk- Typist 11 Clerk- Typist II (Bilingual) 12 -25 -93 805.22 834.22 867.07 900.88 940.55 968.77 997.83 1027.76 1070.19 12 -24 -94 821.32 850.90 884.41 918.90 959.36 988.15 1017.79 1048.32 1091.59 Grade 19 Accounting Clerk I Clerk- Stenographer II E.D.P. Alde Security Monitor Storeroom Assistant 12 -25 -93 841.19 872.04 908.33 949.15 991.08 1020.81 1051.44 1082.98 1125.47 12 -24 -94 858.01 889.48 926.50 968.13 1010.90 1041.23 1072.47 1104.64 1147.98 • Grade 20 Clerk III 12 -25 -93 859.09 900.13 936.26 I 976.02 1018.97 1049.54 1081.03 1113.46 1156.86 12 -24 -94 876.27 918.13 954.99 I 995.54 1039.35 1070.53 1102.65 1135.73 1180.00 Grade 22 Clerk- Stenographer III Clerk- Typist III Clerk- Typist III (Bilingual) Data Entry Operator 111 Duplicating Equipment Operator Elementary School Clerk Payroll Clerk 12 -25 -93 900.88 940.55 982.49 1030.80 1075.92 1108.20 1141.44 1175.69 1220.96 12 -24 -94 918.90 959.36 1002.14 1051.42 1097.44 1130.36 1164.27 1199.20 1245.38 • Grade 23 1 Cashier 12 -25 -93 926.62 965.27 1009.31 1053.37 1101.74 1134.79 1168.84 1203.90 1250.02 12 -24 -94 945.15 984.58 1029.50 1074.44 1123.77 1157.49 1192.22 1227.98 1275.02 • II APPENDIX A: ITLES AND SALARIES (continued) • Effective A B C D E F O H I NOTE(1) STAB' 5YEAR 1YEAR 2YEAR 3YEAR 4YEAR 5YEAR 10 YEAR 15 YEAR Grade 32 Procurement Specialist 12 -25 -93 1146.86 1201.60 1255.34 1314.46 1375.69 1416.96 1459.47 1503.25 1558.35 12 -24 -94 1169.80 1225.63 1280.45 1340.75 1403.20 1445.30 1488.66 1533.32 1589.52 Grade 33 Payroll Systems Supervisor • Transportation Coordinator I 12 -25 -93 1177.98 1234.92 1291.90 1350.95 1414.35 1456.78 1500.48 1545.50 1601.86 12 -24 -94 1201.54 1259.62 1317.74 1377.97 1442.64 1485.92 1530.49 1576.41 1633.90 Grade 35 Traffic Operations Coordinator 12 -25 -93 1245.69 1302.61 1362.80 1428.35 1494.94 1539.79 1585.98 1633.56 1692.57 12 -24 -94 1270.60 1328.66 1390.06 1456.92 1524.84 1570.59 1617.70 1666.23 1726.42 Grade 36 Disbursement Auditing Supervisor 12 -25 -93 1280.04 1341.31 1401.46 1469.16 1540.08 1586.28 1633.87 1682.89 1743.37 12 -24 -94 1305.64 1368.14 1429.49 1498.54 1570.88 1618.01 1666.55 1716.55 1778.24 Grade 37 Transportation Coordinator 11 12 -25 -93 1315.53 1377.81 1441.21 1508.94 1580.88 1628.31 1677.16 1727.47 1789.29 12 -24 -94 1341.84 1405.37 1470.03 1539.12 1612.50 1660.88 1710.70 1762.02 1825.08 HOURLY TITLES Storehouse Helper After 6 Effective Start Monthe 12 -25 -93 14.51 14.91 12 -24 -94 14.61 15.01 Stores Clerk (School Food Service) After 6 Effective matt mamba 12 -25 -93 15.31 15.69 12 -24 -94 15.41 15.79 NOTE (1) Years listed for steps are 111 , rative. See Article 10 for salary schedule step progression rules. • IV FV 1753 1 NEGOTI TIONS /LABOR RELATIONS OFFICE SIINT Saint P ul Public Schools e� Saint P, ul, Minnesota PUBLIC ��� SCHOOLS " " Amwe MEMORANDUM TO: Mary Kearney City of St. Paul Office of Labor Rela ' •ns FROM: Phyllis E. Byers I P DATE: June 6, 1994 SUBJECT: 1994 - 1995 Labor greement between ISD and American Federation of State, County and nicipal Employees Council 14, Local 1842, Techni• :I Bargaining Unit Enclosed are three copies of the abov= Labor Agreement. Also, attached is a copy of the agenda request that was approved by the B. rd of Education on April 19, 1994. /Ic Enclosures II, 4 INDEPENDEN SCHOOL DISTRICT NO. 625 BO RD OF EDUCATION ST. P UL PUBLIC SCHOOLS DATE: April 19, 1994 TOPIC: Approval of an ployment agreement and related memorandum of agreement wit AFSCME Council 14, Local No. 1842, technical bargaining unit. A. PERTINENT FACTS: 1) New Agreement is for th two -year period January 1, 1994 through December 31, 1995. 2) Contract changes are as ollows: Language is updated th • ughout agreement to reflect the current titles. The ordering of articles ithin the Agreement was revised to provide greater ease of use and consistency bet een the two contracts with AFSCME. Health Insurance - Em•oyer paid premium contribution caps are increased effective January 1, 1994, by $1; per month for family coverage only. Effective January 1, 1995, the Employer pail premium contribution caps are further increased by $13 per month for single or $20 f I . r family coverage. Lite Insurance - Employ: paid premium contribution cap is increased effective January 1, 1994, by $2. 2 per month. Mileage - Language is u ' • ated to reflect the current Board authorized amount of $.28 per mile. Vacation - Language is - ended to allow up to 120 hours of vacation carryover. Leaves of Absence - N :w language is inserted into the Specified Allowable Uses of Sick Leave section that rovides for limited access to the employee's own sick leave to make arrangements for e care of one's parent. • New language refe ences the availability of leaves consistent with the Federal Family Medical Leav -s Act. Vacancies - New langua s e clarifies job posting requirements. Probation - New langua e incorporates probationary period language into the contract for employees covered e the labor agreement. This language enables the District to terminate the employme t relationship of a probationary employee at any time during the probationary period ithout review by the Civil Service Commission. Wages - Language wa included in the contract to describe the existing procedures pertaining to advancem nt from step to step on the salary schedule. This language is not intended to change' hat is already occurring, but simply to describe in the labor agreement how normal •vement from step to step occurs. 74 Employment Agreement - AFSCME ouncil 14, Local No. 1842 April 19, 1994 Page 2 APPENDIX A: Salary S hedule - New rates are effective December 25, 1993; and December 24, 1994. • In the 1994 year of t a contract, the standard range salary schedule is restructured from a 25 -year range o a 15 -year range. • The average salary to increase is 1.13% for the first year of the contract and 2.0% for the second year • the contract. Me •rand •f •re - : This Memorandum of Agreement covers AFSCME employee seniority and layoff rights in the event of a separation of the Technical College from the Saint P. ul Public School District. 3) The District has 51 empl• ees in this bargaining unit. 4) This request is submi ed by Richard Kreyer, Senior Labor Relations Analyst; Phyllis E. Byers, Negot tions/Labor Relations Manager; and William A. Larson, Assistant Superintenden Fiscal Affairs and Operations. B. RECOMMENDATION: That the Board of Education o Independent School District No. 625 approve and adopt the Agreement concerning the ter s and conditions of employment of those employees in this school district for whom Amer an Federation of State, County, and Municipal Employees, Council 14, Local No. 1842 echnical bargaining unit) is the exclusive representative; duration of said Agreement is f r the period of January 1, 1994 through December 31, 1995; and adopt the related Memora '. um of Agreement. /-/-//c3 1994 1995 } AGREEMENT BETWEEN SAINT PAUL PUBLIC SCHOOLS ti INDEPENDENT, SCHOOL DISTRICT NO. 625 And LO AL UNION 1842 DI S ICT COUNCIL 14 • OF THE AM RICAN FEDERATION OF STATE, CO NTY, AND MUNICIPAL EMP OYEES, AFL -CIO January 1, 1994 Through December 31, 1995 akINT CAUL PUBLIC SCHOOLS LIFELONG LEARNING • 9'y -�rs- • INDEX MIME TITLE I PACE Preamble v 1. Recognition 1 2. Check Off 2 3. Maintenance of St: dards 2 4. Management Righ 3 5. Hours of Work 3 1 6. Work Breaks 3 7. Holidays 4 8. Vacation 5 9. Leaves of Absence J 6 10. Wages 9 11. Working Out of CI ssification 11 12. Mileage 11 1 13. Severance Pay 1 2 • 14. Insurance 14 15. Probation 1 18 16. Seniority 19 17. Discipline 21 18. Employee Records 21 19. Grievance Proced re 22 20. Temporary Emplo ' - es 24 21. Bulletin Boards 24 22. Vacancies 25 23. Non - Discriminati n 25 24. No Strike - -No Lo kout 25 2 5 Legal Services 26 26. Safety Shoes 26 27. Residency 26 28. Terms of Agreem: t 2 7 Appendix A: Title and Salaries I - 1111 1 1 iii 9L/7//63 PREAMBLE This Agreement, entered into b;+ Independent School District No. 625, hereinafter referred to as the Employer or 6 s the District, and Local Union 1842, affiliated with Council 14 of the American Federation of State, County, and Municipal Employees, AFL -CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure or the resolution of differences, and the establishment of rates of pay, hours of work, and, other conditions of employment. • • v 9/-/-fic5 ARTICLE 1. RECOGNITION 1.1 The Employer recognizes e Union as the sole and exclusive bargaining agent for the purpose of establishi g salaries, wages, hours, and other conditions of employment for all of its e ployees as outlined in the certification by the State of Minnesota Bureau of Me. iation Services, dated October 16, 1986, in Case No. 87 -PR -158 and as am : l ded and as set forth in Section 1.2 below. 1.2 The bargaining unit cover s by this Agreement shall consist of the following: All technical personnel who a e employed by Independent School District No. 625, Saint Paul, Minnesota, and who are public employees within the meaning of M.S. 179A.03, Subd. 14 in the ' ',classifications of: Accounting Technician I Health and Education Assistant Accounting Technician II Accounting Technician III Information Systems Technician Accounting Technician IV Instructional Media Technician Adaptive Recreation Assist nt Architectural Drafter Library Assistant Architectural Drafter Trai ee Occupational Therapy Assistant Child Development Techni• an Clinic Nurse 1 Payroll Information System Technician Physical Therapist Assistant • Dental Assistant Practical Nurse Dental Hygienist *Special Student Attendant E.D.P. Lead Programmer Supervising Dental Hygienist E.D.P. Program Analyst E.D.P. Programmer E.D.P. Programmer Train: - Engineering Aide I Engineering Aide I1 excluding supervisory, co fidential and all other employees. *Title abolished except as to pres -nt incumbents. I • 1 9y / /s3 ARTICLE 4. MANAGEMENT RI S • 4.1 The Union recognizes the r • ht of the Employer to operate and manage its affairs in all respects in accordan e with applicable laws and regulations of appropriate authorities. All rights a • authority which the Employer has not officially abridged, delegated or mod, ied by this Agreement are retained by the Employer. 4.2 A public employer is not r quired to meet and negotiate on matters of inherent managerial policy, which i Jude, 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, a 'd organizational structure and selection and direction and number of personnel. ARTICLE 5. HOURS OF WORK 5.1 The normal work day s II 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 •aid. 5.2 The normal work week s all be five (5) consecutive normal work days in any seven- (7) day period. 5.3 For employees on a shift •asis, this shall be construed to mean an average of thirty -eight and three -fo the (38 -3/4) hours per week. 5.4 This section shall not be onstrued as, and is not a guarantee of, any hours of • work per normal work day or per normal work week. 5.5 Time on the payroll in ex• =ss of the normal hours set forth above in this Article shall be "overtime work" = nd shall be done only by order of the head of the department. 5.6 All employees in this ba • aining unit shall be recompensed for work done in excess of the normal ho 'rs established above in this Article by being granted compensatory time on a e and one -half basis or by being paid on a time and one -half basis for such o ertime work. The overtime rate of one and one -half shall be computed on the asis of 1 /80th of the biweekly rate. 5.7 Normal work schedules - 'howing the employee's shifts, work days, and hours shall be posted on all I . epartment bulletin boards at all times. It is also understood that deviation rom posted work schedules shall be permissible due to emergencies, acts of God, :nd overtime may be required. ARTICLE 6. WORK BREAKS 6.1 Rest Periods: All empl• ees' work schedules shall provide for a fifteen- (15) minute rest period during ' =ach one -half shift. The rest period shall be scheduled by the supervisor at app oximately the middle of each one -half shift whenever this is feasible. 6.2 If an employee is sched F led to work a full half -shift beyond the regular quitting • time, the employee shall e entitled to the rest period that occurs during said half shift. 3 9V-fici ARTICLE 8. VACATION • • 8.1 Vacation credits shall accu ulate at the rates shown below for each full hour on the payroll, excluding ove ime. Years of Service Hours of Vacation 1st year through 4. year .0385 5th year through 9 year .0577 10th year through 5th year .0654 16th year through '3rd year .0808 24th year and ther . after .1000 8.2 The head of the departme t may permit an employee to carry over into the next "vacation year" up to one undred and twenty (120) hours of vacation. 8.2.1 An employee w o has more than one hundred and twenty (120) hours of accrued vac= ion remaining at the end of the last full pay period in October shall e her: (a) be require to use the hours of vacation in excess of one hundred • and twen I (120) hours prior to the end of the fiscal year (IRS payroll re'' orting year): or (b) be compe sated for hours in excess of one hundred and twenty (120) hou at end of year: or (c) be provid • an exception for additional carryover of vacation by means of . pproval of his/her department head. Choice of optio a, b, or c is at the discretion of the Employer. 8.2.2 For the purpos of this Article, the "vacation year shall be the IRS payroll reporti ts year. 8.3 The above provisions of v cation shall be subject to the Saint Paul Salary Plan and Rates of Compensation I Section I, Subd. H. • 5 9 ARTICLE 9. LEAVES OF ABSEN E (continued): 9.3 Military Leave With Pay: ; ny employee who shall be a member of the National Guard, the Naval Militia o any other component of the militia of the state, now or hereafter organized or c nstituted under state or federal law, or who shall be a member of the Officers R serve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Cores Reserve or any other reserve component of the military or naval force o'I the United States, now or hereafter organized or constituted under federal' law, shall be entitled to leave of absence from employment without Toss •f pay, seniority status, efficiency rating, vacation, sick leave or other benefit- , for all the time when such employee is engaged with such organization or co ponent in training or active service ordered or authorized by proper aut ority pursuant to law, whether for state or federal purposes, provided that su h leave shall not exceed a total of fifteen (15) days in any calendar year and fu er provided that such leave shall be allowed only in case the required milita or naval service is satisfactorily performed, which shall be presumed unless the contrary is established. Such leave shall not be allowed unless the emplo ee (1) returns to his/her position immediately upon being relieved from suc ' military or naval service and not later than the expiration of time herein limited for such leave, or (2) is prevented from so returning by physical or mental disability or other cause not due to such employee's own fault, or (c) is required by proper authority to continue in such military or naval service b yond the time herein limited for such leave. 9.4 : i . i - . „. - : • . z. After three months of employment, • an employee may make ap•'lication for a leave of absence not to exceed one year. A leave of absence shall bel granted on the basis established in the Civil Service Rules (Resolution No. 32 9.4.1 Said rules are su plemented and amended by the following provision: All requests for npaid leave are subject to District approval. Such requests are to • : submitted to the Human Resource Department on a form provided by the Employer. If an employee's request for thirty (30) days or more of non - medical and non - parenta leave is approved, the employee will be offered the opportunity to r turn to employment in an equivalent position, if a vacancy is avail: •le after the conclusion of the leave. If no equivalent vacancy exists that time, the District will continue to consider the employee's retur for two (2) years after the conclusion of leave. If no equivalent vacan•, has occurred and has been assigned by the end of two (2) years from t e conclusion of leave, the employee's name will be dropped from c• sideration as though he /she had resigned, and the employee will be onsidered resigned. "Equivalent vac: cy" means a position of the same job classification held by the em•loyee at the time of the leave, which remains in existence, has b: en vacated by the resignation or termination of another employee, and which the District intends to fill in the same • classification. 7 9 3 • ARTICLE 9. LEAVES OF ABSEN • E (continued): 9.6 Family Medical Leave: E ective February 1, 1994, leaves of absence shall be granted as required under e federal law known as the Family and Medical Leave Act (FMLA) so long as it ' :mains in force. The Human Resource Department provides procedures which I oordinate contractual provisions with FMLA. 9.7 School Activities Leave Wit • • = : An employee may request and be granted up to sixteen (16) hours of u ,paid leave per calendar year for school activities of his/her own child, pursuan to M.S.181.9412 rules, so long as the Statute so provides. 9.8 Military Leave Without Pay: Any employee who engages in active service in time of war or other emergency • eclared by proper authority of any of the military or naval forces of the State • l of the United States for which leave is not otherwise allowed by law shall be en ' led to leave of absence from employment without pay during such service with ri , t of reinstatement and subject to such conditions as are imposed by law. Suc leaves of absence as are granted under 9.3 of this Article shall conform to Mi esota Statutes, Section 192, as amended from time to time and shall confer n • I additional benefits other than those granted by said statute. 9.9 Educational Leave: Leave ith pay may be granted for education purposes at the option of the Employer. 9.10 Union Official Leave: A employee elected or appointed to a full -time paid • position by the exclusive epresentative may be granted a leave of absence without pay for not more then one year for the purpose of conducting the duties of the exclusive representativ ARTICLE 10. WAGES 10.1 The wage schedule, for pu • •ses of this contract, shall be Appendix A, attached hereto. Both parties agre that the inclusion of the classifications and salary ranges in Appendix A does of preclude the employer from the following: 1. Reorganizing 2. Abolishing classificatio i s 3. Establishing new classi ications 4. Regrading classificatio 5. Reclassifying positions. 10.2 Both parties also agree tha titles and grades in Appendix A refer to employees in the positions at the date •f signing of the Agreement. No employee in this bargaining unit shall suffe � any reduction in salary because of a regrading or reclassification during t e contract period in which such regrading or reclassification takes place 10.3 Notwithstanding 10.1 abov salary rates in Appendix A shall be reduced in the amounts necessary to e • alize payment to individual HRA employees and • Independent School Distri.t No. 625 employees who receive different pension benefits. 9 9*I/C3 ARTICLE 11. WORKING OUT OF C SSIFICATION 11.1 Employer shall avoid, whe ever possible, working an employee on an out -of- class assignment for a prol nged period of time. Any employee working an out - of -class assignment for a eriod in excess of fifteen (15) consecutive working days during a year shall re eive the rate of pay for the out -of -class assignment in a higher classification not later than the sixteenth (16th) day of such assignment. For purposes ! l •f this Article, an out -of -class assignment is defined as an assignment of an e ployee to perform, on a full -time basis, all of the significant duties and resp sibilities of a position different from the employee's regular position, and whic is in a classification higher than the classification held by such employee. Th rate of pay for an approved out -of -class assignment shall be the same rate the 1mployee would receive if such employee received a regular appointment to the igher classification. ARTICLE 12. MILEAGE I 12.1 Employees of the School D -trict under policy adopted by the Board of Education may be reimbursed for the se of their automobiles for school business. To be eligible for such reimburse ent, employees must receive authorization from the District Mileage Committee 1 utilizing the following plan: • PLAN "A ", effective wit the adoption of this Agreement, is reimbursed at the rate of 280 per mile. I addition, a maximum amount which can be paid per month is established .,, an estimate furnished by the employee and the employee's supervisor. Another consideration or establishing the maximum amount can be the experience of another orking in the same or similar position. Under this plan, it is ne essary for the employee to keep a record of each trip made. • 11 5V- 53 ARTICLE 13. SEVERANCE PAY (continued): 13.6 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.) 13.7 The manner of payment of such severance pay shall be made in accordance with the provisions of the School District Severance Pay Plan already in existence. 13.8 This severance pay progran shall be subject to 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 Article conflict with said Severance, Pay Plan and in such cases, the provisions of this Article shall control. 13.9 The provisions of this Article shall be effective as of January 1, 1984. 13.10 Any employee hired prior to December 31, 1983, may, in any event, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which allows $4,000 maximum payment), draw severance pay. However, an election 4y the employee to draw severance pay under either - this Article or the basic School District Severance Pay Plan shall constitute a bar to receiving severance pay from the other. Any employee hired after December 31, 1983 shall be entitled only to the benefits of this Article upon meeting the • qualifications herein. • 13 9`3/ - 11.3 • ARTICLE 14. INSURANCE (contin :d): 14.6 Effective January 1. 1987, in addition to meeting the eligibility requirements stated in 14.5.1 and 14.5.- above, retiring employees must also meet the following condition in or.er to be eligible for the early retiree insurance benefits set forth in Articles 14.2, 14.3, and 14.4: 14.6.1 Must be at least fifty-eight (58) years of age and have completed twenty-five (25) ears of employment with the Independent School District No. 625 OR The combination .f their age and their years of service must equal eighty-five (85) r more OR Must have comp) a ted at least thirty (30) years of service. 14.7 Effective January 1. 1987. ull -time employees who retire and who meet the conditions set forth in 14.5.1 and 14.5.2 but who meet none of the conditions set forth in 14.6.1, shall be ell 'ible for the following percentages of the amount contributed by the Employer oward health insurance for active employees in the same health plan. Such reti ees shall be eligible for such contribution until they reach sixty-five (65) years • f age. 411 Combination of Age Contribution for Contribution for and Years of Service Single Coverage Family Coverage 84 90% 90% 83 80% 80% 82 70% 70% 81 60% 60% 80 50% 50% 14.8 For employees who retire t the age of sixty-five (65) or older or for early retirees upon reaching six -five (65), and who have completed at least ten (10) years of service with 1, the District at the time of their retirement, the Employer will provide healt insurance contributions toward employee health insurance plans as are provi 'ed by the Employer for retirees 65 years of age or older as approved by Board o Education Resolution. For such employees or earl retirees who have not completed at least ten (10) years of service with the D' strict 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. This Subdivision 14.8 shall n't apply to employees who were regularly appointed to District/City employmen prior to May 3, 1988. Employees who were regularly appointed to Dis ict/City employment prior to the signing of this Agreement and subsequently erminated shall be covered by this Agreement in the • event that they are regularly :ppointed at a later date. 15 '7 ARTICLE 14. INSURANCE (conti ed): • 14.13 Notwithstanding Article 1 .12, employees covered by this Agreement and employed half time prior t• January 1, 1986, shall receive the same insurance contributions as a full -ti e employee. This Article 14.13 applies only to employees who were emp •yed half -time during the month of December 1985 and shall continue to apply', only as long as such employee remains continuously employed half time. 14.14 Effective January 1. 1995 the amount of Employer's contribution toward the employee coverage in Art a 14.10 will be adjusted in dollars to reflect the cost of the highest January 1, 995, premium rate for employee coverage or $170 per month, whichever is le s. • The Employer's contri • tion toward family coverage in Subd. 14.10 will be adjusted in dollars to reflect the cost of the highest January 1, 1995, premium rate for Tamil coverage or $290 per month, whichever is less. 14.15 Life Insurance: 14.15.1 For each eligibl employee, the Employer agrees to contribute the cost of $5,000 of lif =' insurance coverage. 14.15.2 For each eligibl: employee, the Employer agrees to contribute to the cost of $20,00! life insurance coverage in addition to the basic $5,000 covera• = described in 14.15.1 above; this brings total life insurance cove' age to $25,000. The total premium contribution by the Employer f.' r all life insurance coverage shall not exceed $6.32 per month. 14.16 The contributions indicat in this Article 14 shall be paid to the Employer's group health and welfare • an. 14.17 Any cost of any premi m for any Employer- offered employee or family insurance coverage in exc ss of the dollar amounts stated in this Article 14 shall be paid by the employee. 14.18 It is the intent of the Em • oyer 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 health insurance for s ch expenses, within the established legal regulations and IRS requirements for ch accounts. • 17 PS3 ARTICLE 16. SENIORITY • 16.1 Seniority, purpose ose for the ur of this Agreement, shall be defined as follows: The 9 length of continuous, regular, and probationary service with the Employer from the date an employee was `first certified and appointed to a class title covered by this Agreement, it being further understood that seniority is confined to the current class assignment t eld 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 by employee's rank on the eligible list from which certification was made. 16.2 Seniority shall terminate when an employee retires, resigns or is discharged. 16.3 In the event it is determined by the Employer that it is necessary to reduce the work force, employees will )e laid off by class title within each department based on inverse length of seniortyy as defined above. However, when layoff occurs in any of the titles listed beim under Column A, layoff shall be based on inverse length of total seniority i i all titles listed on the corresponding line under Column B. The Human Resource Department will identify such least senior employee in the department reducing positions, and shall notify said employee of his /her reduction from the department. If there are any vacancies in any of the titles under Column B on which seniority was based, in any other District department, the Human Resource Der artment shall place the affected employee in such vacancy. If two or more vacant positions are available, the Human Resource Department shall decide which vacant positions the affected employee shall fill. If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and if the employee affected by the original departmental reduction is 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 the purposes of this Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. • Column A Column B Child Development Technic Child Development Technician, *Special Student Attendant Engineering Aide l Engineering Aide I, Engineering Aide II Engineering Aide II Engineering Aide I, Engineering Aide II *Special Student Attendant Child Development Technician, *Special Student Attendant 16.4 In cases where there are promotional series, such as Technician I, II, Ill, etc., when the number of employees in these higher titles is to be reduced, employees who have held lower titles which are in this bargaining unit will be offered • reductions to the highest ai these titles to which class seniority would keep them from being laid off, before layoffs are made by any class title in any department. 19 ARTICLE 17. DISCIPLINE • 17.1 The Employer will disciplin : employees for just cause only. Discipline will be in the form of: 17.1.1 Oral reprimand; 17.1.2 Written reprim d; 17.1.3 Suspension; 17.1.4 Reduction; 17.1.5 Discharge. 17.2 Any written reprimand ma'' a concerning any member of this bargaining unit which is filed with the Hu an Resource Department or within any Employer department, shall be shown I to the member before it is placed on file. Before the reprimand is placed on fil. the Employer shall request from the employee an acknowledgment, in writing, ! hat the reprimand has been read by said employee. 17.3 Suspensions, reductions, a d discharges will be in written form. 17.4 Employees and the Union ill receive copies of written reprimands and notices of suspension and discharge. 17.5 Employees may examine II information in their Employer personnel files that concerns work evaluation - commendations and/or disciplinary actions. Files may be examined at rea onable times under the direct supervision of the Employer. II/ 17.6 Discharges will be preced = by a five- (5) day preliminary suspension without pay. During said period, t e employee and/or Union may request and shall be entitled to a meeting wi h the Employer representative who initiated the suspension with intent to discharge. During said five- (5) day period, the Employer may affirm the s spension and discharge in accordance with the Civil Service Rules or may modil or withdraw same. 17.7 An employee to be questi • I ed concerning an investigation of disciplinary action shall have the right to requ st that a Union representative be present. 17.8 A grievance relating to this ,,Article shall be processed in accordance with existing Civil Service procedures or the option of the employee may be taken up in the grievance procedure under rticle 19. If an issue is determined by the grievance procedure, it shall not aga be submitted for arbitration under the Civil Service Rules. If an issue is dete ined by the provisions of the Civil Service Rules, it shall not again be submitt for arbitration under the grievance procedure. ARTICLE 18. EMPLOYEERECOR' 18.1 Any member of the barga ning unit may, during usual working hours, with the approval of the supervis ir, review any material placed in the employee's personnel file, after first iving proper notice to the supervisor in custody of such file. • 18.2 Any member of the barg ining unit may file a grievance or a discrimination complaint and there shall •'= no retaliation by the Employer for such action. 21 ARTICLE 19. GRIEVANCE PROCE i URE (continued): Step 3. Within seven (7) ork days following receipt of a grievance referred from Step 2, a d signated Employer supervisor shall meet with the Union Business anager or his /her designated representative, the Employee, and t � _ steward, and attempt to resolve the grievance. Within seven (7) I ork days following this meeting, the Employer shall reply in writing to t he Union, stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolve' , the Union may refer the grievance to Step 4. Any grievance not refe red in writing by the Union to Step 4 within seven (7) work days fol owing receipt of the Employer's answer shall be considered waived. Step 4. If the grievance remains unresolved, the Union may within seven (7) work days after t l e response of the Employer in Step 3, by written notice to the Em . toyer request arbitration of the grievance. The arbitration procee. ings shall be conducted by an arbitrator to be selected by mutu. agreement of the Employer and the Union within seven (7) work da s after notice has been given. If the parties fail to mutually agree upl an arbitrator within the said seven (7) day period, either party may r: quest the Bureau of Mediation Services to submit a panel of five (5) - rbitrators. Both the Employer and the Union shall have the right to s rike two (2) names from the panel. The Union shall strike the first (1 t) name; the Employer shall then strike one (1) • name. The proce will be repeated and the remaining person shall be the arbitrator. 19.5 The arbitrator shall have 1 • right to amend, modify, nullify, ignore, add to or subtract from the provision- of this Agreement. The arbitrator shall consider and decide only the specifi . issue submitted in writing by the Employer and the Union and shall have no a I hority to make a decision on any other issue not so submitted. The arbitrator all be without power to make decisions contrary to or inconsistent with or mod fying or varying in any way the application of laws, rules or regulations having ihe force and effect of law. The arbitrator's decision shall be submitted in wri ' ng within thirty (30) days following close of the hearing or the submission •f briefs by the parties, whichever be later, unless the parties agree to an ex nsion. 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 griev - nce presented. The decision of the arbitrator shall be final and binding on the Em. oyer, the Union, and the employees. 19.6 The fees and expenses fo the arbitrator's services and proceedings shall be borne equally by the Emplo er and the Union, provided that each party shall be responsible for compensati g its own representatives and witnesses. If either party desires a verbatim rec ird of the proceedings, it may cause such a record to be made, providing it pays .r the record. • 23 ARTICLE 22. VACANCIES 22.1. The Human Resource Dep rtment will send notices of job vacancies to each building to be posted at lea I t five working days before filling the vacancy so that qualified District employees 1 ho hold the title may apply for consideration. 22.2. For the purpose of this Artic : , a vacancy need not be posted if it is to be filled by a current employee to avoid layoff. 22.3. For the purpose of this Arti le, a vacancy need not be posted if it is to be filled through reinstatement of laid -off School District employee covered by this Agreement with recall rights to the vacancy. ARTICLE 23. NON - DISCRIMINATI 'N 23.1 The terms and conditions o this Agreement will be applied to employees equally without regard to or discrim nation for or against any individual because of race, color, creed, sex, age or ecause of membership or non- membership in the Union. 23.2 Employees will perform ' � their duties and responsibilities in a non- • discriminatory manner a- such duties and responsibilities involve other employees and the general ublic. ARTICLE 24. NO STRIKE, NO LOCK ' UT 24.1 Neither the Union, its officers or agents, nor any of the employees covered by this Agreement will engage in, encourage, sanction or support any strike, or the withholding in whole or in art of the full performance of their duties during the life of this Agreement, exc :'pt as specifically allowed by the Public Employment Labor Relations Act. In th event of a violation of this Article, the Employer will warn employees of the co sequences of their action and shall instruct them to immediately return to their I ormal duties. Any employee who fails to return to his /her full duties within ( twenty -four (24) hours of such warning may be subject to the penalties pro ided in the Public Employment Labor Relations Act. 24.2 No lockout, or refusal to .(low employees to perform available work, shall be instituted by the Employe and/or its appointing authorities during the life of this Agreement. 4111 25 9// - ,/13 ARTICLE 28. TERMSOFAGREEM 28.1 •11• :: : • - ; 1.1 _ f • : • ::_r• i• : This Agreement shall represent the complete Agreement b' =tween the Union and the Employer. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right an. opportunity to make requests and proposals with respect to any subject or = tter not removed by law from the area of collective bargaining, and that the co plete understandings and agreements arrived at by the parties after the exerci a of that right and opportunity are set forth in this Agreement. Therefore, t e Employer and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be •bligated to bargain collectively with respect to any subject or matter referred t• or covered in this Agreement. 28.1.1 • - • • : _ -• 9 . If, during the te m of this Agreement, the District is found out of compliance wit Pay Equity requirements by the Minnesota Department of E ployee Relations (DOER), and if the finding of non- compliance indic 1 .tes that American Federation of State, County, and Municipal Empl .yees' classes which are female- dominated and described by DO R as under - compensated are a specific contributing cause of the n• - compliance judgment, and if the non - compliance judgment stands I = fter the completion of any and all appeal processes, then the District and the Union will re -open the contract for the sole purpose of neg .tiations limited to efforts to address the specific • compliance prob ems in a manner designed by the parties to move toward complian e. The Union and the District acknowledge that no right to strike is derived from an outcome of the negotiations or lack of agreement during this re -op =ner, should it be necessary to re -open. 28.2 Savings Clause. This Agr- - ment 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 to be contrary to law by a court of competent jurisdiction from whose final judgment ' i • r decree no appeal has been taken within the time provided, such provision s = II be voided. All other provisions shall continue in full force and effect. 28.3 Term of Agreement. Th Agreement shall be in full force and effect from January 1, 1994, through December 31, 1995, and shall be automatically renewed from year to yea thereafter unless either party shall notify the other in writing by June 1 that i desires to modify or terminate this Agreement. In witness whereof, the parti-- have caused this Agreement to be executed this 3rd day of May, 1994. • 27 I 4?1/'ll ARTICLE 28. TERMS OF AGREEM: NT (continued): III 28.4 This constitutes a tentativ. = Agreement between the parties which will be recommended by the Negoti I tions/Labor Relations Manager, but is subject to the approval of the Board of E ucation and is also subject to ratification by Local Union No. 1842. WITNESSES: INDEPENDENT SCHOOL. DISTRICT NI'. 625 LOCAL UNION 1842, DISTRICT COUNCIL 14 OF THE AMERICAN FEDERATION OF STATE, COUNTY, AND o p • MUNICIPAL EMPLOYEES, AFL -CIO ..„, A- 1 6..., . Ne • g tia ' • ns/Labor Rel • ons Mana • '- r Ulf ! R. 4 4( resen j- tive, 4 SCME // C•unc' 14 _ A...... / -n Se for Labor Relations A V ` yst Repress five, ocal No. 1842 III idie.te /-/: /9 Date Date / /I Chair, a d Education 71 ' Date t . II 29 9x / i //sj • • APPENDIX A: TITLES AND SALARIES • • APPENDIX A (continued) Effective A B C D E F G H NOTE(1) S&ARr SYEAR 1YEAR 2YEAR 3YEAR 4YEAR 5YEAR 10 YEAR 15 YEAR Grade 32 Information Systems Technician Payroll Information Systems Technician 12 -25 -93 1132.44 1183.33 1234.21 1283.05 1340.89 1381.12 1422.55 1465.23 1519.18 12 -24 -94 1155.09 1207.00 1258.89 1308.71 1367.71 1408.74 1451.00 1494.53 1549.56 Grade 34 Accounting Technician II 12 -25 -93 1190.33 1244.18 1298.06 1354.89 1414.74 1457.18 1500.90 1545.92 1602.30 12 -24 -94 1214.14 1269.06 1324.02 1381.99 1443.03 1486.32 1530.92 1576.84 1634.35 Grade 36 E.D.P. Programmer 12 -25 -93 1255.16 1309.99 1366.85 1426.66 1490.50 1535.22 1581.27 1628.71 1687.57 12 -24 -94 1280.26 1336.19 1394.19 11455.19 1520.31 1565.92 1612.90 1661.28 1721.32 Grade 38 Accounting Technician III • 12 -25 -93 1322.96 1377.81 1440.65 1 1502.49 1571.33 1618.47 1667.02 1717.03 1778.55 12 -24 -94 1349.42 1405.37 1469.46 1532.54 1602.76 1650.84 1700.36 1751.37 1814.12 Grade 40 E.D.P. Programmer Analyst 12 -25 -93 1391.77 1453.59 1519.43 1583.28 1655.07 1704.72 1755.86 1808.54 1872.80 12 -24 -94 1419.61 1482.66 1549.82 1614.95 1688.17 1738.81 1790.98 1844.71 1910.26 Grade 42 Accounting Technician IV 12 -25 -93 1467.59 1534.38 1602.22 1672.02 1746.85 1799.26 1853.23 1908.83 1976.10 12 -24 -94 1496.94 1565.07 1634.26 1705.46 1781.79 1835.25 1890.29 1947.01 2015.62 Grade 44 E.D.P. Lead Programmer 12 -25 -93 1545.34 1616.16 1688.98 1766.78 1844.55 1899.89 1956.88 2015.59 2086.06 • 12 -24 -94 1576.25 1648.48 1722.76 1802.12 1881.44 1937.89 1996.02 2055.90 2127.78 NOTE (1) Years listed for steps are illustrative. See Article 10 for salary schedule step progression rules. I I