94-1446 o (� I � (� � � � Council File # `�1 �'�r � � �'}� �
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RESOLUTION ��
ITY O AINT PAITL, MINNESOTA
Presented By
Referred To Committee: Date
1 RESOLVED, that the Cou cil of the City of Saint Paul hereby approves and
2 ratifies the attached 1994 Agreem nt between the Independent School District No. 625
3 and the School Service Employees Local No. 284 SEN, AFL-CIO Representing Cook
4 Managers.
Yeas Na s bsent
Blake
Grimm Requested by Department of:
Guerin �/�
Harris Office of Labor Relations
Me ard
Rettman g �
Thune
� Fo pp ved by City Attorney
Adopted by Council: Date �
sy: •
Adoption Certified by Council Secretary .
By: c� . �- Appro by Ma or for u 'ss' n to Council
C
Approve b ayor: Date � � By:
B .��
' n� t
� � �
,
{ DEPA E FOFFICE/COUNCIL DATE ITIATE � O ��"� i
i
� HUMAN RESOURCES - LA$OR RELATIONS 9- 6- G��� N �� � � �
� �cr ae a aHOa � �er�►arMeror a� croa � cm couwcn. '
4 MARY KEAItNEY � F � � GITY ATTORNEV � cm cxe�nc `
� MU3T ON IL ACiENDA BY (DATE) BUDQET DIAECI�R � FlN. 8 MOT. SERVICES DIR.
; ►�nvoa coa,�ss�s� ❑
� TOTAL #�` OF S�NATUFtE RAGIES 1 (CUP LL LOCATIONS FOR 8KiNATURE� �
ACTION REQUESTED: i
This resolu�ion approves the attached 994 Agreement between the Independent School Distri�t �
, No. 625 and the School Service Employe s Local:No. 284 SEiU, AFL-CIO representing Cook ; �
Managers. � � 1
i �
I RECOMMENDIlT10N8: Approw (A) a A�:t (R) p SONAL SERYICE CONTRACT= MU8T AN�WBR TNE fOLLOWINQ GUEST10N8:
_ PLANNINO WMMI3310N _ CIVIL SERVICE COMMISSION 1. as this peroOMimt ever worked W�dN e oorMlrCt fOr ffiIs d9p�rtmsM? :
�� _ CIB CO�MtTTEE — 2. Hes thls YE psroonMfrm e�ror been a dly smployse? +
— �� — YE3 NO I �
_ DISrR�CT COUr� _ 3. Does this ps�onMirm posssa a skill not rwrmaNY P�s�sed bY any eucrerrt oity employM? i 1 �
SUPPORTS WHICH COUf�II OBJECTIVE? YES NO I '
�
Ex Iain �N yti answ�n on � shNt and dlaeh to gnsn �he�t � c
R�.��t�lEO
� INITIATINO PROBLEM, IS9UE, OPFORTUNITY (Who, What. Nllwn, WM►e. Why):
� EP ?� 3 1994 ; �
See attached su�ary. These Agreement pertain to the Board of E ucat on employees only. � �
�ttt,�YOR'S �1�'����
1
:�
ADVANTAOES IF APPROVED:
i
. ` �
+
. { ; E
{ Y
� �
I ) i
S
' D1811DVANTA(iES IF APPHOYED: i
RECEIVED j i
,
F
SEP � 1 '1994 i �
� �
CITY ATTORNEY �
�
DIBADVANTAOES IF NOT APPROVED: �
�OYt1�fl R@888rCh �@(1t@C C �
SEP 2 6 1994 �
. ;
,
,
j i
i �
� ` — - '�` � 3
}
�
TOTAL AMOUNT OF TRAN8ACTION = COCT/qEYENUE sUbdETEO (CIRCLB ONE) YES NO �
,
FUNDINQ 80URCE ACIIVITY NUM08R i
i
FINANCIAL INFORMATION: (EXPLAIN) �
�
�
i
. . . . . � . . ' . �#
�
�
NOTE: COMPLETE DIRECTIONS ARE tNC�UDED. MI TH� OAEEN SHEET INSTfiUCTIONAL '
MANUAL AYA�UIBLE IN THE PUR�F111SING OFFICE (P1iONE NO. 299�4225). � ;'
� z
ROUTING ORDER: , ;�
$elow are cw�reCt routlngs for ti►e #�re mo� fi+p�Nnt lypes o( documents: `�
CONTRACTS (aS�mes auZfiorized budget exMrts) COUNCIL RESOI.UTIQAI {Art�snd BudpsWAcqpt. OreM�)
1. Outside Agsncy t. Department Direc�+or
2. Department Directol 2. Budget DirecMr �
3. Gity Attomsy 3. Ciry Attomey �
4. Mayor ((or coM�acts over s15,000) 4. MayoNASS�stant 4
5. Huma� Rights (for cont►acta over �50,000) 5. Ciiy Council
8. Finence and Manaqement Services Director 6. Chiel Accou�t�t, Finanoe and NlanagertreM Servioes �
7. Fi�ance Accounti�g
ADMINISTRATIVE ORDERS (Budget Revisbn) COUNCIL RESOLUTION .(aN otMre, and O�sncss)
i. Activiy Manager 1: Depanment Diroctor
2. Department Accountant 2. City Attorney
3. Department Director 3. Mayor Aasistent
4. Budget Director 4. CUy C.ouncil
5. City Cierk
6. Chiei Accountant, Flnance aad Management Serv�es
ADMINISTRATIVE ORDERS (all others)
1. Department Director
2. City Attorney
3. Finance and Management Senrices Director `e
4. City Gerk
:�
TOTAL NUMBEt� OF SiGNATUflE PAGES
Indicate the �of pages on which sfgnaturea are required and pap�clip or ttp
ssch of thss� paq�s. '
€
ACTION RE�UESTED
Deacribe what the projecUtequest seeks to acxomplish in either chronologi- ;.;
cal order a order of impartance, whichever is most appropriats for the
issue. Do not write complete sentences. Begin each itsm M your 11st with '
a verb. �
. i
RECOMMENDATIONS
Comptete it the iasue in quss�tion has been presented betwe any body, pubifc a
or private. '
SUPPORTS WHICH COUNCIL OBJECTIVE?
Indicate which Council objective(s) your proiscUrequest supporls by Usting
the key word(s) (HOUSIN(3, RECR�ATION, NEI(3HBOANOODS, ECONOMIC DEVELOPMENT,
BUDGET, SEWER SEPARATION). (5EE COMPIETE I.IST IN INSTRUCTIONAI MANUAL.) i
;
PERSONAL SERVICE CONTRACTS:
This in(onnallon wNl be used � determine the �ity'!s liability for workers compensaUon claims, texsa and ptoper clvil serv�e h�{rig rules. �
INITIATING PROBLEM, IS3UE, OPPORTUNITY
Explain the situation or co�ditic�s Mat created a need tw your project
or request.
ADVANTAGES IF APPROVED
Indicate whet#�er this is simply an annual budpst procedure required by law/ i
charter or whether there are speci(ic ways in which the City of Saint Paul
and its citizens will be�eEit from this projecVaction. �
t
DISADVANTAC3ES IF aPPRlJVEO
What negative ef(ects or maior changes to existing a past processes migM ;
this project/requesi produce if it Is passed (e.g., traHic delays, noise, ;;
tax increases or assessmenis)? To Whom4 When? For how long? '
';
i
DISADVANTACaES IF NOT APPROYED
What will be the negative conseque�ces if the promised action is not
approved? Inability to deliv� service? Contir�ed high traHic, notse, '
accident rate? Loas o( revenue? '
;
FINANCIAL IMPACT �
Atthough you must tailor the information you provide here to the issue you s �
are addressing, in general you must answer two questions: Fbw much is ft +
going to cost? Who is going to paY? •;;
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q�-I - ��-IW �O
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CONTENTS
NEGOTIATED TER S AND CONDITIONS OF EMPLOYMENT
� r icl p�
. 1. Definition of Agree ent ..................................................................... 1
2 . Recognition ........................................................................................ 1
3. Check Off - Fair Sh re ...................................................................... 2
4. Maintenance of Stan ards ................................................................... 2
5. Grievance Procedur .......................................................................... 3
6. Non-Discrimination . ........................................................................ 5
7 . Holidays .................. ,........................................................................... 6
8. Sick Leave .............. ........................................................................... 7
9 . Hours - Overtime .... .......................................................................... 7
10 Vacations .................'........................................................................... 8
1 1. Lunch Break ........... .......................................................................... 8
12 Civil Service Exami 'ations ................................................................ 8
13. Layoff Notice ............ .......................................................................... 8
• 14. Insurance Benefits .. .......................................................................... 9
15 . Severance Pay ......... .......................................................................... 1 0
16 Working Conditions . .......................................................................... 1 2
17. Court Duty ............... .......................................................................... 1 3
18. Sick Leave Conversi n ........................................................................ 1 3
19. Health Insurance Pr vision for Retirees ........................................... 1 3
20. Discipline and Disch rge .................................................................... 1 4
21 Leaves ...................... .........................................................................15
22. Uniforms ................. ......................................................................... 1 6
23 Wages .................................................................................................16
24. Duration of Agreeme t ....................................................................... 1 7
` �p�endixes
. A Vacation
B. Wage Scale
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INTENTIONALLY BLANK
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ARTICLE 1. F NI N E N
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SECTION 1. Parties: This Agr ment is entered into between the Board of Education,
Independent School District No. 25, Saint Paul, Minnesota, hereinafter referred to as
the Board of Education, and Sch I Service Employees Local No. 284, S.E.I.U. (certified
by the Director of the Bureau o I Mediation Services as the exclusive representative),
hereinafter referred to as Local . 284, pursuant to and in compliance with the Public
Employment Labor Relations Ac of 1971, as amended, to set forth the terms and
• conditions of employment.
� SECTION 2. Pur�ose: The p rpose of this Agreement is to promote orderly and
constructive relationships betwee the Board of Education, the employees of this unit,
and Local No. 284.
ARTICLE 2. AECOGNITION
SECTION 1.
The Board of Education reco nizes Local No. 284 as the certified exclusive
representative for the following u it:
All food service personn I in the classifications of Cook Manager, Food
• Preparation Supervisor, od G�uality Control Assistant, and School Lunch
Coordinator employed by I ependent School District No. 625, who are employed
for more than 14 hours er week and more than 67 work days per year,
excluding all other employe s.
SECTION 2.
The Board of Education agrees that so long as Local No. 284 is the exclusive
representative in accordance with he provisions of PELRA 1971 as amended, and as
certified by the Bureau of Media on Services, State of Minnesota, for all personnel
defined in Section 1 of this articl , that it will not meet and negotiate with any other
labor or employee organization co cerning the terms and conditions of employment for
this unit.
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ARTICLE 3. CHECK OFF - FAIR SHARE •
SECTION 1.
The Employer agrees to deduct the Union membership initiation fee assessments and once
each month dues from the pay of those employees who individually request in writing
that such deductions be made. The amounts to be deducted shall be certified to the
Employer by a representative of the Union and the aggregate deductions of all emptoyees
shall be remitted together with an itemized statement to the representative by the first
of the succeeding month after such deductions are made or as soon thereafter as possible. •
SECTION 2. '
Any present or future employee who is not a Union member shall be required to
contribute a fair share fee for services rendered by the Union. Upon notification by the
Union, the Employer shall check off said fee from the earnings of the employee and
transmit the same to the Union. In no instance shall the required contribution exceed
85% of the Union membership dues amount. This provision shall remain operative only
so long as specifically provided by Minnesota law.
In the event there is a change in the law permitting the Union to assess an amount in
excess of 85% of regular membership dues, the full amount permitted by law may be
assessed by the Union.
SECTION 3.
The Union will indemnify, defend, and hold the School District harmless against any •
claims made and against any suits instituted, and any orders or judgments issued against
the School District, their officers or employees, by reason of negligence of the Union in
requesting or receiving deductions under this article.
ARTICLE 4. MAINTENANCE OF STANDARDS
SECTION 1.
The Employer agrees that all conditions of employment relating to wages, work,
overtime differentials, vacations, and general working conditions shall be maintained at
not less than the highest minimum standard as set forth in the Civil Service Rules of the
City of Saint Paul (Resolution No. 3250) and Resolution No. 6446 at the time of signing
of this Agreement, and the conditions of employment shall be improved wherever '
specific provisions for improvement are made elsewhere in this Agreement.
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• ARTICLE 5. I VA CE PRO UR
�ECTION 1.
This grievance procedure is est lished to resolve any specific dispute between the
employee and the School Distri t concerning, and limited to, the interpretation or
application of the provisions of thi Agreement.
� SECTION 2.
An employee presenting a grievan may elect to be represented by an appropriate Union
representative. At Step 1 or Step of the grievance procedure, the employee may choose
� to present his/her grievance wit out being represented by a Union representative,
provided; however, that the Union representative shall be notified of the adjustment or
settlement of any Step 2 griev nce and provided further that any adjustment or
settlement shall not be inconsisten with the terms of the Agreement.
�ECTION 3.
It is recognized and accepted by Ithe Union and the Employer that the processing of
grievances as hereinafter provide is limited by the job duties and responsibilities of
the employees and shall therefore be accomplished during normal working hours when
consistent with such employees' du ies and �esponsibilities. The aggrieved employee and
a Union representative shall be all wed a reasonable amount of time without loss of pay
when a grievance is investigated nd presented to the Employer during normal working
hours provided that the employee d the Union representative have notified and received
• the approval of the designated su rvisor and provided that such absence is reasonable
and would not be detrimental to t e work programs of the Employer. It is understood
that the Employer shall not use the above limitation to hamper the processing of
grievances.
SECTION 4.
A grievance shall be resolved in th following manner:
u 1. Step 1: Any employe claiming a specific disagreement concerning the
interpretation or application of th provisions of this Agreement shall, within twenty
(20) working days of its first occ rrence o� within ten (10) working days of th� time
the employee reasonably should ve had knowledge of the occurrence, whichever is
later, discuss the complaint orally Iwith the Director of School Food Service (or other
representative designated by the S perintendent). The Director of School Food Service
• (or Superintendent's representativ shall attempt to adjust the complaint at that time.
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ARTICLE 5. GRIEVANCE PROCEDURE (continued) •
Subd• 2• Sten 2: If the grievance is not resolved through oral discussion and
concluded within five (5) working days, the employee may appeal the grievance to Step
2 by placing the grievance in writing, setting forth the nature of the grievance, the facts
on which it is based, the provisions of the Agreement allegedly violated, and the remedy
requested. This written statement shall be presented to the Director of School Food
Service for formal discussion and written response. The formal discussion of the
grievance shall be within ten (10) working days of the receipt of the written grievance •
by the Director of School Food Service. A reply shall be given to the employee and the
Union in writing within ten (10) days following the formal discussion. If the employee
is not satisfied with the findings on Step 2, the grievance may be appealed to Step 3. '
Subd. 3. , te�3: A grievance not resolved in Step 2 and appealed to Step 3 shall be
placed in writing setting forth the nature of the grievance, the facts on which it is based,
the provision or provisions of the Agreement allegedly violated, the remedy requested,
and shall be appealed to Step 3 by the employee and the Union within fifteen (15)
working days after the Employer-designated representative's final answer in Step 2.
Any grievance not appealed in writing to Step 3 by the employee and the Union within
fifteen (15) working days shall be considered waived.
If appealed, the written grievance shall be presented by the employee and the Union and
discussed with the Superintendent of Schools or his representative, within ten (10)
working days after receipt of the written grievance. The Employer-designated
representative shall give the Union the Employer's Step 3 answer in writing within ten
(10) working days following the presentation and discussion of the matter. •
If the employee is not satisfied with the findings on Step 3, the Union may request
arbitration within ten (10) working days after receipt of the Employer's reply on
Step 3.
Subd. 4. te : A grievance unresolved in Step 3 and appealed to Step 4 by the
Union shall be submitted to arbitration subject to the provisions of the Public
Employment Labor Relations Act of 1971 as amended. If a mutually-acceptable
arbitrator cannot be agreed upon, the selection of an arbitrator shall be made in
accordance with the procedures of the Minnesota Bureau of Mediation Services.
SECTION 5.
The arbitrator shall have no right to amend, modify, nullify or ignore the terms and
conditions of this Agreement. The arbitrator shall consider and decide only the specific •
issue(s) submitted in writing by the Employer and the Union, and shall have no
autho�ity to make decisions on any other issue not so submitted.
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• ARTICLE 5. RI AN P CE (continued)
The arbitrator shall be without wer to make decisions contrary to or inconsistent with
or modifying or varying in any ay the application of laws, rules or regulations having
the force and effect of law. he arbitrator's decision shall be submitted in writing,
copies to both parties and the Bureau of Mediation Services within thirty (30) days
following the close of the heari or the submission of briefs by the parties, whichever
be later, unless the parties agre to an extension. The decision shall be binding on both
• the Employer and the Union an shall be based solely on the arbitrator's interpretation
or application of the express ter s of this Agreement and to the facts of the grievance
•
presented.
The fees and expenses for the arbitrator's services and proceedings shall be borne
equally by the Employer and the Union provided that each party shall be responsible for
compensating its own represent ives and witnesses. If either party desires a verbatim
record of the proceedings, it ma cause such a record to be made, providing it pays for
the record. If both parties desire a verbatim record of the proceedings, the cost shall be
shared equally.
ff a grievance is not presente within the time limits set forth above, it shall be
considered waived. If a grievan e is not appealed to the next step within the specified
time limit or any extension ther of, it shall be considered settled on the basis of the
Employer's last answer. If the mployer does not answer a grievance or an appeal
thereof within the specified time mits, the Union may elect to process the grievance to
the next step. The time limit in e ch step may be extended by mutual written agreement
� of the Employer and the Union in ach step.
SECTION 6. A party instituting any action,
proceeding or complaint in a fe ral or state court of law, or before an administrative
tribunal, federal agency, state a ency, or seeking relief through any statutory process
for which relief may be granted, he subject matter of which may constitute a grievance
under this Agreement, shall imm iately thereupon waive any and all rights to pursue a
grievance under this article. Up n instituting a proceeding in another form as outlined
herein, the employee shall waiv his/her right to initiate a grievance pursuant to this
article, or, if the grievance is pen ing in the grievance procedure, the right to pursue it
further shall be immediately waiv d. This section shall not apply to actions to compel
arbitration as provided in this Agr ement or to enforce the award of an arbitrator.
.
ARTICLE 6. - S I ON
ECTION 1.
Neither the Union nor the Employ r shall discriminate against any employee because of
Union membership or nonmembe hip, or because of race, color, sex, religion, national
origin or political opinion or affil tions.
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ARTICLE 7. HOLIDAYS •
SECTION 1.
Regular or provisional employees in the bargaining unit shall be granted holidays off
with pay provided, however, that their names have appeared on the payroll on any six
(6) working days of the nine (9) working days preceding the holiday, or on the last
working day before the holiday and on three other working days of the nine (9) working
days preceding the holiday. In neither case shall a holiday be counted as a working day;
holiday pay is assured for the Labor Day, Christmas Day, and New Year's Day holidays, �
for any active and regularly-working employee. The following days are declared to be
the holidays:
New Year's Day January 1 ,
Martin Luther King Day Third Monday in January
Presidents' Day Third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day First Monday in September
Christopher Columbus Day Second Monday in October
Veterans' Day November 11 �
Thanksgiving Day Fourth Thursday in November
Christmas Day December 25.
If one of the above listed holidays falls on a day when school is in session, then the Food
Senrice Director shall designate another day, when school is not in session, as a paid
holiday. All employees will be expected to work on all days when school is in session,
except when on approved leave.
In addition, a floating holiday is to be granted subject to prior approval of the
employee's supervisor. To be eligible for the floating holiday, a regular or provisional
employee must work at least an equivalent of four full biweekly pay periods ,
(320 hours). Regular or provisional employees who work an equivalent of thirteen
(13) full biweekly pay periods (1,040 hours) shall receive an additional floating
holiday. Holiday pay will be paid on the basis of the employee's regularly-scheduled •
number of hours in the work day.
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• ARTICLE 8. SICK LEAVE
�ECTION 1.
Sick leave shall accumulate at th rate of .0576 of a working hour for each full hour on
the payroll, excluding overtime. ick leave accumulation is unlimited. To be eligible
for sick leave, the employee mu t report to his/her supervisor no later than one-half
(1/2) hour past his/her regular heduled starting time. The granting of sick leave
shall be subject to the terms and rovisions of this Agreement.
•
$ECTION 2.
i
2.1 Any employee who has ac umulated sick leave credits as provided above shall be
granted leave with pay, f such period of time as the head of the department
deems necessary, on acc unt of sickness or injury of the employee, quarantine
established and declared Iby the Bureau of Health, death of the employee's
mother-in-law, father-in-I' w, or other person who is a member of the
household, and may be ranted leave with pay for such time as is actually
necessary for office visits o a doctor, dentists, optometrist, etc., or in the case
of sudden sickness or di ability of a member of his/her household, making
arrangements for the care f such sick or disabled persons up to a maximum of
eight (8) hours sick leave.
2.2 An employee who works elve (12) consecutive months per year for an average
of twenty (20) or more hou s per week may use accumulated personal sick leave
• credits for absences requi d to care for the employee's ill child. Sick leave for
sick child care shall be gra ted on the same terms as the employee is able to use
sick leave for the emplo e's own illness. This leave shall only be granted
pursuant to M.S.181.941 and shall remain available so long as provided in
Statute.
2.3 Up to five (5) days of lea e per year shall be allowed for serious family illness
emergency limited to the i mediate family, which includes: spouse, parents and
children. The days allow and used shall be deducted from accumulated sick
leave.
ARTICLE 9.
. �ECTION 1. Hours: This secti is intended only to define the normal hours of work
and to provide the basis for the alculation of overtime pay. Nothing herein shall be
construed as a guarantee of hour of work per day or per week. The normal work day
• shall be eight (8) hours of wo k and the normal work week, regardless of shift
arrangements, shall be an averag of forty (40) hours of work.
SECTION 2. Overtime: Overti e is to be paid for at the rate of time and one-half
(1/2) for all assigned hours work on the job in excess of forty (40) hours per week,
on payroll.
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ARTICLE 10. VACATIONS •
SECTION 1.
Vacations shall be earned by eligible employees on the basis of the formula stated in
Appendix A attached.
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ARTICLE 1 1. 1_UNCH BREAK
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SECTION 1.
All employees are entitled to a duty-free lunch break of thirty (30) minutes without
pay, at a time assigned by the manager.
ARTICLE 12. CIVIL SERVICE EXAMINATIONS
SECTION 1.
Notice of Civil Service (Personnel) Examinations shall be posted in the kitchen in each •
work location no later than five (5) working days before the closing date for
examination.
ARTICLE 13. LAYOFF NOTICE
SECTION 1.
Whenever possible, two (2) weeks' notice shall be given any employee laid off.
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ARTICLE 14. S RA C BE FIT
• SECTION 1. i : Health and Welfare benefits shali be
provided under the plan carried b Independent School District No. 625 for employees.
�1. The Employer will atte pt to prevent any changes in the benefits offered by a
health maintenance organizations lan. However, employees selecting a plan offered by a
health maintenance organization i agree to accept any changes in benefits which the
specific health maintenance orga ization implements.
A SECTION 2.
Subd• 1. , the Employer agrees to contribute to the
� premium cost of employee hospit I and medical coverage up to $150 per month for each
full-time employee who is eligible or such coverage, and who selects single coverage.
Subd• 2. ffe tiv anua ' 1994, the Employer agrees to contribute to the
premium cost of family hospital nd medical coverage up to $277 per month for each
full-time employee who is eligible or such coverage, and who selects family coverage.
�ubd. 3. c iv nu 1 , for eligible employees regularly assigned four
(4) to six (6) hours work per ay, the Employer will contribute up to one-half the
premium cost for hospital and me ical coverage. Such contribution shall not exceed $75
per month for employee covera e, or shall not exceed $138.50 per month for family
coverage. For eligible employee regularly assigned more than six (6) hours per day,
the full contribution will be mad
An employee with full contrib tion as of January 1, 1990, who is reduced to
• half-premium eligibility hours ecause of health disability or Employer-initiated
hours reduction, shall not be Ireduced in premium contributions for twelve (12)
calendar months from the date f his/her hours reduction, so long as he/she remains
actively employed at the half-pr mium eligibility level.
�ubd. 4. The Employer agrees to contribute to the cost for $5,000 of life insurance
coverage up to $3.30 per month i for each employee who is eligible for such coverage.
This provision terminates July 1, 1994.
4.1 Effective August 1, 1994 the Employer anrill contribute to the cost of $20,000
life insurance coverage i addition to the $5,000 basic life insurance specified
in Subdivision 4. This br ngs the total life insurance coverage to $25,000. The
cost to the Employer for oth basic and additional life insurance coverages shall
not exceed $6.32 per onth. The additional life insurance coverage and
Employer contribution to ard additional life insurance premiums terminates at
retirement.
" �ubd. 5. Effective January 1, 1 94, the Employe� agrees to contribute up to $26 per
month to the premium cost for a ental plan selected by the Employer, for each employee
. who is eligible for such coverage.
ubd. 6. Any premium costs in xcess of the amouMs stated above shall be paid by the
employee, by means of payroll d uction.
Subd• 7. It is the intent of the mployer to maintain during the term of this agreement
a plan for medical and child car expense accounts to be available to employees in this
bargaining unit who are eligibl for Employer-paid premium contribution for health
insurance for such expenses, within the established legal regulations and IRS
• requirements for such accounts.
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ARTICLE 15. SEVERANCE PAY •
SECTION 1. The Employer shall provide a severance pay program as set forth in this
article.
Subd 1. To be eligible for the severance pay program, an employee must meet the
following requirements:
1.1 The employee must be (fifty-eight) 58 years of age or older or must be eligible �
for pension under the °Rule of 90" or the °Rule of 85" provisions of the Public
Employees Retirement Association (PERA). The "Rule of 90° or the °Rule of �
85" criteria shall also apply to employees covered by a public pension plan
other than PERA.
1.2 The employee must be voluntarily separated from School District employment or
have been subject to separation by layoff or compulsory retirement. Those
employees who are discharged for cause, misconduct, inefficiency, incompetency
o� any other disciplinary reason are not eligible for this severance pay program.
1.3 The employee must have at least ten (10) years of consecutive service under the
classified or unclassified Civil Service at the time of separation. For the purpose
of this article, employment in either the City of Saint Paul or in Independent
School District No. 625 may be used in meeting this ten (10)- year service
requirement.
1.4 The employee must file a waiver of re-employment with the Director of Human •
Resources, which will clearly indicate that by requesting severance pay, the
employee waives all claims to reinstatement o� re-employment (of any type)
with the City of Saint Paul or with Independent School District No. 625.
1.5 The employee must have accumulated a minimum of sixty (60) days of sick leave
credits at the time of his separation from service.
Subd• 2• If an employee requests severance pay and if the employee meets the
eligibility requirements set forth above, he or she will be granted severance pay in an
amount equal to one-half 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.
u. 3. The maximum amount of money that any employee may obtain through this
severance pay program is $6,500. •
Subd. 4. For the purpose of this severance pay program, a death of an employee shall
be considered as separation of employment and, if the employee would have met all of the `
requirements set forth above at the time of his or her death, payment of the severance
pay may be made to the employee's estate or spouse.
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ARTICLE 15. Y (continued)
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�ubd. 5. For the purpose of t's severance pay program, a transfer from Independent
School District No. 625 employ ent to City of Saint Paul employment is not considered
as separation of employment, a such transferee shall not be eligible for this severance
program .
Subd. 6. The manner of paym nt of such severance pay shall be made in accordance
� with the provisions of the Schooll District Severance Pay Plan already in existence.
Subd• 7. This severance pay program sMall be subject to and governed by the
� provisions of the original Sch ol District Severance Pay Plan (which allows $4,000
maximum payment) except in t ose cases where the specific provisions of this article
conflict with said Severance Pa Plan and in such cases, the provisions of this article
shall control.
�ubd. 8. The provisions of thi article shall be effective as of January 1, 1985.
bd. . Any employee hired rior to December 31, 1984, may, in any event, and
upon meeting the qualification of this article or the original School District Basic
Severance Pay Plan (which all ws $4,000 maximum payment), draw severance pay.
However, an election by the em loyee to draw severance pay under either this article or
the basic School District Sev rance Pay Plan shall constitute a bar to receiving
severance pay from the other. ny employee hired after December 31, 1984, shall be
entitled only to the benefits of t is article upon meeting the qualifications herein.
� �ubd. 10. An employee of Inde endent School District No. 625 shall not be eligible for
the severance pay provision o this article if such employee is also eligible and a
recipient of Early Retirement In entive payment under the Memorandum of Agreement
with the exclusive representativ dated October 19, 1983.
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ARTICLE 16. yVORKING CONDITIONS •
SECTION 1. Fmergency Closinas: If it becomes necessary or desirable to close a school
as a result of an emergency, the effort shall be made to notify employees not to come to
work. Employees not notified who report for work shall be granted two (2) hours' pay
at their regular rate.
SECTION 2. Worksho�s: Employees in the Food Service program ordered by the Food '
Service Director to attend Food Service workshops shall be reimbursed for the tuition of
the workshop and the normal hourly rate for the time spent in the workshop.
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SECTION �. il a e: When an employee is required and authorized by the proper
supervisor to use his or her personal vehicle in the interest of the Employer (i.e., trips
to the bank, grocery store, etc.), mileage reimbursement will be paid at the current
School District rate, and by the approval of the Food Service Director.
�ECTION 4. orking Out Of Classification: Employer shall avoid, whenever possible,
working an employee on an out-of-class assignment for a prolonged period of time. Any
employee working an out-of-class assignment for a period in excess of fifteen (15)
working days during any fiscal year of employment shall receive the rate of pay for the
out-of-class assignment in a higher classification not later than the sixteenth day of
such assignment. For purposes of this article, an out-of-class assignment is defined as
the full-time performance of all of the significant duties and responsibilities of a �
classification by an individual in another classification. For the purposes of this article,
the rate of pay for an out-of-class assignment shall be the same rate the employee would
receive if he/she were promoted to the higher classification.
SECTION 5. Work In Advance Of School Year: In the event that a manager is required
to work in advance of the beginning of the schooVwork year in arranging the work force,
the manager will make the arrangements from a school district facility as assigned, and
will be paid the regular contract rates for the assigned duty time.
SECTION 6. Saint Paul Food Manager's Certification: The parties recognize and
acknowledge that the Saint Paul Food Manager's Certification is a requirement for
holding a position covered by the Agreement, and will be a requirement prospectively for
new appointees, as well as employees hired prior to January 1, 1992. The test or tests �
for the certi�cation will be taken on the employee's own time.
The District will pay a maximum of $30 one time in a two-year period to reimburse the �
employee for the fees for acquiring the renewal certification for those employees
appointed in these titles prior to January 1, 1992.
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ARTICLE 17. COURT DUTY
�
CTION 1.
Any employee who is required to appear in court as a juror or as a subpoenaed witness
shall be paid his/her regular pay hile so engaged, unless the court duty is the result of
litigation undertaken by the empl ee or the Union against the Employer. Any fees that
the employee shall receive from t e court for such service shall be paid to the Employer.
Any employee who is scheduled t work a shift other than the normal daytime shift, shall
be rescheduled to work the norm � daytime shift during such time as he/she is required
A to appear in court as a juror or tness.
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ARTICLE 18.
SECTION 1.
Accumulated sick leave in excess lof one hundred eighty (180) days may be converted to
vacation at the rate of two (2) j days' sick leave for one (1) day vacation up to a
maximum of five (5) days' vac tion time. Vacation is to be paid on the basis of
regularly-scheduled hours per da .
ARTICLE 19. IN URA PROVI 10 F R IR E
SECTION 1.
• Subd• 1. The Employer will provide payment of health insurance premium
contributions for those who retirel prior to age sixty-five (65), and who are receiving a
PERA pension, provided they ar eligible and covered at the time of retirement, to be
continued to age sixty-five (65) at the same amount paid at the time immediately
preceding retirement. An emplo e whose dependent is removed from coverage after
retirement may continue under ngle coverage at the Employer contribution rate for
single coverage in effect for that c rrier at the retirement date. No new dependents shall
be added. Any premium cost in a dition to the Employer contribution must be paid by the
retiree. This provision shall be japplicable to any employee who retired on or after
July 1, 1973, except that prio ' to January 1, 1974, the Employer will not be
responsible for premiums. The e ployee must apply for this coverage prior to the date
of retirement in order to receive e benefit.
1.1 For employees eligible an covered at the time of retirement, who retire at age
sixty-five (65) or later, r for similarly eligible and covered early retirees
' upon reaching age sixty five (65) after retirement, the District will provide
for those who meet polic requirements, payment of premium for a Medicare
� Supplement health covera policy selected by the District.
Subd• 2• Notwithstanding the p ovision of Section 1, Subdivision 1 of this article,
effective January 1, 1989, any e ployee hired or appointed to a position in this unit
after January 1, 1989, must ave completed twenty (20) years of continuous
employment in the School Distri t prior to retirement in order to be eligible for any
payment of any insurance pre ium contribution by the Employer after his/her
retirement.
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ARTICLE 20. DISCIPLINEANDDISCHARGE •
SECTION 1.
The Employer shall have the right to impose disciplinary actions on employees for just
cause.
SECTION 2. �
Disciplinary actions by the Employer shall inelude only the following actions: �
( 1 ) Oral reprimand
( 2 ) Written reprimand
( 3 ) Suspension
( 4 ) Demotion
( 5 ) Discharge.
SECTION 3.
Employees who are suspended, demoted or discharged shall have the right to request that •
such actions be reviewed through the grievance procedure provided in Article 5 of this
Agreement, including arbitration. This contract grievance procedure shall be the
normal process for such review.
�ECTION 4.
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 the five (5) day period, the Employer may affirm the suspension and
discharge in accordance with the Personnel Rules or may modify, or withdraw same.
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� ARTICLE 21. LEAVES
SECTION 1. : Leaves of absence may be requested, on
the basis specified in Civil Se ice Regulations. Effective July 1, 1976, the Food
Service Director will reply to. s h requests within fifteen (15) calendar days after
they are received in the Food Serv e Office.
• SECTION 2. : Short-term special leaves without pay,
not to exceed two (2) weeks in du ation, may be requested and will be considered by the
� Employer subject to the operati al needs of the Employer and the ability to secure
substitute help to satisfactorily aintain the particular assignment of the employee
involved.
Subd• 1. Applications for such I aves must be submitted in writing to the Food Service
Director at least forty-five (45) c lendar days prior to the proposed start of the leave
without pay and shall include the p oposed period of the leave and purpose for leave.
Subd• 2. Effective April 1, 19 9, the Director of Food Service shall notify the
employee requesting leave no le than thirty (30) calendar days prior to the proposed
leave date, whether the leave i to be granted or denied, except that, if a leave is
requested to immediately follow a one-week or two-week school vacation, the thirty
(30) days' notice shall occu� thi days before the beginning of such vacation period,
providing the request was receiv at least fifteen (15) days earlier.
� ubd. 3. Eight (8) such leaves all be made available by the Employer in each school
year, for the entire department (.e., for Cook Managers and Food Service Personnel
combined). Four (4) of the eigh '(8) leaves available shall be reserved for employees
who have worked for the Food Se ice Department for at least five jrears. The other four
(4) leaves will be available to em loyees on the basis specified in this article.
ubd.4. No more than two ( such leaves will be granted during the month of
January and no more than two () leaves will be granted during the month of February
each year.
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ARTICLE 22. UNIFORMS �
SECTION 1.
Employees will be provided two new uniforms per school year by the Employer;
employees who are assigned a twelve-month work year, rather than the school year,
will receive three new uniforms per year. Selection of uniforms is the Employer's
option.
�ubd• 1. A new employee must have worked at least thirty (30) working days in a •
forty-five (45) working-day period before receiving the three uniforms supplied for
start up by the Employer.
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Subd• 2. An employee who has received uniforms and then terminates employment for
any reason after less than six (6) full months of active employment, is obligated to
return the uniforms to the School Food Service. If the uniforms are not returned, 90%
of their costs will be deducted from the final paycheck of the terminating employee.
ARTICLE 23. WAGES
uS bd. 1. See wage rates described in Appendix B.
Subd• 2. Initial step placement when an employee moves from another unit into a title �
covered by this Agreement or from one title covered by this Agreement to a different
title under this Agreement, shall be governed by Civil Service Rules.
Subd. 3. Salary Step Pronression:
Progression through the steps of a salary range in this contract will be based on the
following conditions:
Employees must have received an overall rating of "Satisfactory" on their most recent
performance evaluation to receive any salary step advancement.
Step A shall be the normal entry rate for the positions in this bargaining unit, except as
othervvise provided in Civil Service Rules. Employees shall remain at the Step A pay
rate until the completion of 1,040 hours on the payroll in the title then move to Step B.
Employees may receive one additional step, to a Step C, for the next 1040 hours on the "
payroll in the title.
For each additional 2,080 hours on the payroll, the employee may advance beyond Step C �
by one additional step, up to and including Step F.
For the purpose of progression to the 7, 10, 12, and 14-year steps, the term "year of
full-time service" shall be defined as the completion of 2080 hours on the payroll for
the equivalent of one (1) year of service.
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• ARTICLE 23. WAGES (continu d)
When an employee completes se en (7) years of full-time service in the District, that
employee may be granted an incre se of one (1) additional salary step, not to exceed the
seven (7) year step (i.e., 2,080 urs x seven (7) years = 14,560 hours required).
When an employee completes t (10) years of full-time service in the District, that
employee may be granted an incre se of one additional salary step, not to exceed the ten
� (10) year step (i.e., 2,080 hours x ten (10) years = 20,800 hours required).
When an employee completes elve (12) years of full-time service in the District,
• that employee may be granted an i crease of one (1) additional salary step, not to exceed
the twelve (12) year step (i.e., � 2,080 hours x twelve (12) years = 24,960 hours
required).
When an employee completes f rteen (14) years of full-time service in the District,
that employee may be granted an crease of one (1) additional salary step, not to exceed
the fourteen (14) year step (i.e.,' 2,080 hours x fourteen (14) years = 29,120 hours
required).
ubd.4. During the term this Agreement, the Board may at its discretion
unilaterally increase the pay rat s provided in Appendix B, in an effort to achieve
compliance with the requirement of the Minnesota Pay Equity Act. Ten (10) days'
notice to the Union will be provid prior to taking such action.
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ARTICLE 24.
This Agreement shall be in fu force and effect from January 1, 1994 through
December 31, 1994, and shall a omatically be continued from year to year thereafter,
unless a new Agreement is deve oped in accordance with the provisions of the Public
Employment Labor Relations Ac of 1971, as amended. Intent to negotiate a new
Agreement shalt be indicated by either party providing written notice thereof at least
ninety (90) days prior to the ter ination date set forth herein.
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This Agreer�ient is by and be een Independent School District NO. 625 and School
Service Empbyees Local No. 28 , S.E.I.U., AFL-CIO, on behalf of Cook Managers.
In full settlement of 1994 neg tiations between the he�ein parties, the parties have
� adopted this Ag�eement, which i attached hereto and made a part hereof.
It is understood that this settl ent shall be subject to approval and adoption by the
. Board of Education of Indepen nt School District No. 625 as well as ratification by the
Union.
� INDEPENDENT SCHOOL DISTRI NO. 625 SCF�OOL SERVICE EMPLOYEES
LOCAL NO. 284, S.E.I.U., AFL-CIO
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Negotiatio s/Labor Relations nager Business Representative
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Senio� Labo� Relations An st Steward
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D Date
Ch ir B a Education
�Date
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� APPENDIX A
Reg lation Effective 1-5-74
Vacati n for Less Than a Full Year
1
i For the purpose of computing th amount of vacation an employee who is eligible for
twenty-one (21) days after fifte n(15) years of service and twenty-two (22) days
after twenty-five (25) years of se ice has earned, the following shall apply:
Hours of Vacation Earned
Years of Service Per Hour on Payroll
First Five Years .0384
After Five Years .0576
After Fifteen Years .0806
After Twenty-Five ears .0845
Round off to the nearest hour.
�
Example: If an employee wit three (3) years of service appeared on
the payroll for 1, 80 hours in 1972, he/she will have
earned (1,680 x. 384) 64.51 hours of vacation. This is
rounded off to the earest hour and the employee is granted
sixty-five (65) hou s of vacation. The time of vacation is
fixed by the head i the department in which the employee
is employed.
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• APPENDIX B
Biweekly Rates
Effective December 25. 1993
S t a p a A B C� D E F l yr. 10 y►. 12 yr. 14 yr.
t`. Cook
Mana er 912.19 948.68 986.63 ,026.08 1,067.13 1,109.81 1,137.56 1,165.31 1,223.58 1,284.74
� Quality
Control
Assistant 917.27 953.96 992.12 ,031.81 1,073.09 1,116.01 1,143.90 1,171.81 1,230.40 1,291.92
Food
Preparation
Su ervisor 939.28 976.86 1,015.94 ,056.58 1,098.83 1,142.79 1,171.36 1,199.93 1,259.93 1,322.93
School
Lunch
Coordinator 972.22 1,009.79 1,048.87 ,089.51 1,131.76 1,175.72 1,204.29 1,232.86 1,292.86 1,355.86
• Effective December 26, 1992, when a reg larly (civil service) certified and appointed employee shall have
completed the credit hours required for Min esota School Food Service Certification and shall have received
such certification, that employee shall bec e eligible for an additional $.10 (ten cents) per hour premium
over and above his/her normal biweekly ra e of pay for all hours on the payroll so long as the employee
maintains a current certification. Payment f the $.10 (ten cents) per hour premium shall become effective
within thirty (30) days after the employee as presented to the Director of Food Service of the Saint Paul
Public Schools evidence in writing of his/ er completed certification. Employees must maintain current
certification and show evidence of the rene ed certification to be eligible for continuation of the premium.
When a regularly certified and appointed od Preparation Supervisor is assigned the duty of Lead Food
� Preparation Supervisor, the employee shall e paid an additional $.25 (twenty-five cents) per hour over and
above his/her normal hourly rate of pay for e hours worked on each work day assigned in the Lead person
function. This duty shall be assigned or di continued at the sole discretion of the Director of School Food
� Service. Only a regularly appointed Food reparation Supervisor is eligible for the premium, when properly
assigned.
Effective July 1, 1994, this premium shall adjusted to $.50 (fifty cents) per hour, as described herein.
At any time when the Director of Food Servi e plans to assign this Lead function to an employee in the Food
Preparation Supervisor title for more then irty (30) working days, all employees working in that title will
be notified and have an opportunity to expr s interest in the duty.
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