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96-186Council File # 9( 1 g(p Green Sheet # 3 5 �� RESOLUTION SAINT PAUL, MINNESOTA Presented by_ Referred To 2 Requested by Department of. Office of Labor Relations By: �A.t��/ Adoption Certified by Council Secretary � Ap� � Committee Date �� RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 1995 Agreement between the Independent School DistrictNo. 625 and the School Service Employees Loca1 Union No. 284 S.E.I.LT., AFL-CIO representing Cook Managers. Form Approved by City Attorney By: �� 2��96 Approv 2 �or fpr �Ymygsio o �ouncil l��y�G�/ By: � � Adopted 6y Council: Date �(��`4�5�_ DEPARTMENT/OFFICE/COUNCIL: DATE INITIATED Y�� 1 v � LABOR RELATIONS 02-07-96 GREEN SHEET No.: 35097 CONTACf PERSON & PHONE: q ital7�ipL/nATE irvlT7n.LUnTE N1ARY H. KEARNEY 266-6495 / ASSIGN �1'D AR'IMEN'T DIR. 4 CI1Y COUNCIL NUMBER ITY ATTORNEY CITY CLERK MOST BE ON COUNCll. AGENDA BY (DATE) FOR UDGET DIR. £IN. & MGT. SERVICE DIR. ROi3TING YOR{ORASST.) ORDER TOTAL # OF SIGNATURE PAGES_1 (CLIP ALL LOCATIONS FOR SIGNATURE) acrtox xErzvES�ren: This resolution approves the attached 1995 Agreement between the Independent Schooi District No. 625 and the School Service Employees Local Union No. 284 S.E.LU., AFL-CIO representing Cook Managers. �� 13 �99� ..,:,�-�:.� M:�„�;= RECOMMENDATIONS: Approve (A) or Reject (R) PERSONAL SERVICE CONIRAC'I'S MUST ANSWER THE FOLLOWING "'" � - QUESTIONS: ,PLANNING COMMISSI013 _CML SERVICE COMIvIlSSION 7. Has this person/firm ever worked vnder a contract for this department? _CIB COMMIITEE Yes No STAFF �� 2. Has ihis person/firm ever been a city employee? _DISTRICT COURT Yes No SUPPORTS WF�CH COt}NCIL OBJECTIVE? 3. Dces this person/firm possess a skill not normatly possessed by any current city " employee? Yes No Explaia all yes answers un seQarate sheet and attach to green sheet INITIA7'ING PROBLEM, ISSUE, OPPORTUNITY (FVho, What, W6en, Where, Why): See Attached. This Agreement pertains to Board of Education employees only. ADVANTAGES IF APPROVED: fE8 09 1996 C�T� A�'t��f DISADVANTACES ff APPROVED: '9" wu?'��s`�r�".�� d.�`s'�,q=et'J, DISADVANI'AGES IF NOT APPROVED: TOTAL AMOi7NT OF TRANSACI'ION: S COSTIREVENUE BUDGETED: FUNDING SOURCE: ACTiVITY NOMBER: FINANCIAL INFORMATION: (EXpLAl1V) ✓ qG-(8'( INDEPENDENT SCHOOL DISTRICT N�r-625 `.'_„ BOARD OF EDUCATION ::iiY , i,� _� ;�.��'� SAINT PAUL PUBLIC SCHO�L�`� "`�� DATE: March 21, 1995 ,� � t2 pi2 ;3q TOP1C: Approval ofi Employment Agreement between Independent School District No. 625, Saint Paul Public Schools, and School Service Employees, Local No. 284, exclusive representative for cook managers A. PERTINENT FACTS: Term of contract is January 1, 1995 through December 31, 1995. 2. Contract changes include: INSURANCE: HEALTH/HOSPITAL: Effective January 1, 1995: District premium contribution cap for employee coverage is increased by $15 per month; and for family coverage, the contribution cap is increased by $18 per month. WA E Effective December 24, 1994: The wage schedule is restructured to provide clearer criteria and procedures for step-to-step movement and to reduce the time required to reach maximum earning ability from a 14-year equivalent to a 12-year equivalent. There is no change in most pay rates on the schedule. However, pay equity adjustments are made by: 1) the inclusion of a new job title and wage scale, and 2) the related adjustment of another title and a$30 biweekly increase in maximum rates. Net effect of these changes is equivalent to a 2.57% rate increase. The number of employees in this bargaining unit is nine. 4. This request is submitted by Phyllis E. Byers, NegotiationslLabor Relations Manager; and William A. Larson, Assistant Superintendent, Fiscai Affairs and Operations. B. RECOMMENDATION: That the Board of Education of Independent School District No. 625 approve and adopt the Agreement concerning the terms and conditions of employment of cook managers in this school district for whom School Service Employees, Local No. 284, is the exciusive representative. Duration of said Agreement is for the period of January 1, 1995 through pecember 31, 1995. °l�-t�G a � 4 NEGOT/AT/ONS/LABOR RELAT/ONS ��III�T�P� SA/NT PAUL PUBL/C SCHOOLS fD]�, �[, 360 COLBORNE STREET ��.'� � SL PAUL, MN 55f02-3199 w�.�c stxao�s "�a" � - - - ' (6i2) 293-5151 - �� ; ` ` - - � � FAX (612f 290-8331 �d��'� _ _ -� MEMORANDUM �5 `�lh 3Q a�`� �� TO: Mary Kearney City - Office of Labor Relations FROM: Phyllis E. Byers Richard Kreyer � m m N DATE: June 28, 1995 N SUBJECT: Labor Agreement between Independent School District No. 625 and � School Service Employees Local No. 284 Encfosed are three copies of the above contract for the duration of January 1, 1995 through December 31, 1995. Also, enclosed is a copy of the agenda request approved by the Board of Education on March 21, 1995. /Ic Enclosures - 4 s �r � p ��. � G .. T., �'� � �, .:- c - e: =; N1 rs r mr' � rrrS, `, . , a b 4..., t', � ^ '' `x `?' � .. � .., , .. , . , ;_ . .F, , . ' ., r . . _ , _ <. � " . � . , ,.' _ _ .+E� � . l . . ,. . ... -. � ., ' ` <, . � , . . w, . - . c,� . . ,. e.i _ _ , A..' . . � . . ��! : �� , . >� � ;� � �; p � ^v � . e , r. . ,., , . . . .. . . . , . � � �� .�99� � � � � � � � . ..._ _AGREEIVIENT . � �. . � � � � � ibetvveen;, . � � INDEPENDENT SCHOO� DISTRICT N0. 62� �a SCHOOL SERVICE EMPLOXEES LOCAL NO. 284 �.� S.E:LL�:,�A�',L- � CK3: � + a � . , k, � ��?3'£S�l1t1L1� ,, �, ., ° . ' r 3 � . -'� . � . ` � ' .� � . S � � . . , - '. � .. � . , �� i � .� �� . � � x .. �' C(}OI� A�AI'�AGERS : ' �; , � � � . , , � ��. _ .� . � , �. r � �.� � �. �� ' ; C� , � � � � �° � � � a �� .� � o � PUBLIC S,CHOOLS , LfFECON6 LEARNING � � -� ' � ' . . , . ., - . � � �� _ i: Z . .i. . . ' ., a . ... t::t �(4 . ..£ . . .. �. v i r �. i Y•. � li i h P � 4 A ^r., � K e' r � � S z /,. y � eA Sar Mr'.. ,E..E, ,w�.a'}! .i. �.�.. RR <r.'b� �� { .. awo..... [m...v,. a . . .. a. WYbo n. v .:n�! �W,. . '.�• . . . a�- «� • CONTENTS NEG071ATED TERMS AND CONDITIONS OF EMPLOYMENT Articie '��-'�'� 1. Definition of Agreement ..................................................................... 1 2. Recognition ......................................................................................... 1 3 . Check Off, Fair Share ........................................................................ 2 4. Maintenance of Standards ................................................................... 2 5. Grievance Procedure .......................................................................... 3 6. Nondiscrimination .............................................................................. 5 7. Holidays .............................................................................................. 6 8. Sick Leave .......................................................................................... 7 9. Hours, Overtime ................................................................................. 7 10. Vacations ............................................................................................. 8 1 1. Lunch Break ....................................................................................... 8 1 2 Civil Service Examinations ................................................................ 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 Conversion ........................................................................ 1 3 19. Health Insurance Provision for Retirees ........................................... 1 3 20. Discipline and Discharge .................................................................... 1 4 21. Leaves .................................................................................................15 22 . Unitorms ............................................................................................ 16 23 . Wages .................................................................................................. 16 24. Duration of Agreement ....................................................................... 1 7 A�pendices A Vacation B. Wage Scale C J � ��'(�(� ARTICLE 1. DEFINITION OF AGREEMENT • . SECTION 1. Parties: This agreement is entered into between the Board of Education, independent School District No. 625, Saint Paul, Minnesota, hereinafter referred to as the Board of Education, and Schooi Service Employees Local No. 284, S.E.I.U. (certified � by the Director of the Bureau of Mediation Services as the exciusive representative), hereinafter referred to as Local No. 284, pursuant to and in compliance with the Public Employment Labor Relations Act of 1971, as amended, to set forth the terms and conditions of employment. SECTION 2. Purpose: The purpose of this agreement is to promote orderly and constructive relationships between the Board of Education, the employees of this unit, and Local No. 284. ARTICLE 2. RECOGNITION SECTION 1. The Board of Education recognizes Local No. 284 as the certified exclusive representative for the following unit: All food service personnel in the classifications of Catering Coordinator, Cook � Manager, Food Preparation Supervisor, Food Quality Control Assistant, and School Lunch Coordinator employed by Independent School District No. 625, who are empioyed for more than fourteen (14) hours per week and more than sixty-seven (67) workdays per year, exciuding all other employees. SECTION 2. The Board of Education agrees that so long as Local No. 284 is the exclusive representative in accordance with the provisions of PELRA 1971 as amended, and as certified by the Bureau of Mediation Services, State of Minnesota, for all personnel defined in Section 1 of this article, that it will not meet and negotiate with any other labor or employee organization concerning the terms and conditions of employment for this unit. . 1 �� - �t�� ARTICLE 3. CHECK OFF, FAIR SHARE SECTION 1. The Empioyer agrees to deduct the Union membership initiation fee assessments and once each month dues from the pay of those emp(oyees who individua(fy 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 employees shall be remitted together with an itemized statement to the represeniative 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 fhe 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 negiigence of the Union in requesting or receiving deductions under this article. ARTICLE 4. MAINTENAfVCE OF STAhIDARDS 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 Resofution 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. . C� • yt� ARTICLE 5. GRIEVANCE PROCEDURE • - SECTION 1 This grievance procedure is established to resolve any specific dispute between the empioyee and the Schooi District concerning, and limited to, the interpretation or � application of the provisions of this agreement. u SECTION 2. An employee presenting a grievance may elect to be represented by an appropriate Union representative. At Step 1 or Step 2 of the grievance procedure, the employee may choose to present his/her grievance without being represented by a Union representative, provided however, that the Union representative shall be notified of the adjustment or settlement of any Step 2 grievance and provided further that any adjustment or settlement shall not be inconsistent with the terms of the agreement. SECTION 3. It is recognized and accepted by the Union and the Employer that the processing of grievances as hereinafter provided 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' duties and responsibilities. The aggrieved employee and a Union representative shall be allowed a reasonable amount of time without loss of pay when a grievance is investigated and presented to the Employer during normal working hours provided that the employee and the Union representative have notified and received the approval of the designated supervisor and provided that such absence is reasonable and would not be detrimental to the 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 the following manner: Subd. 1. SteP 1; Any employee claiming a specif interpretation or application of the provisions of this (20) working days of its first occurrence or within ter the employee reasonably should have had knowledge later, discuss the complaint orally with the Director o representative designated by the Superintendent). The (or SuperintendenYs representative) shall attempt to ac : disagreement concerning the agreement shal4, within twenty (10) working days of the time of the occurrence, whichever is School Food Service (or other Director of School Food Service just the compiaint at thai time. �� Q�—e�� ARTICLE 5. GRIEVANCE PROCEDURE (continued) Subd. 2. Ste° 2: If the grievance is not resolved through oral discussion and conctuded 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 shail be presented to fhe Director of School Food Service for formal discussion and written response. 7he formal discussion of the grievance shall be within ten (10) working days of the receipt of the written grievance by the Director oi School Food Service. A repty 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. Steo 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 whhin 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 wiihin fifteen (15) working days shall be considered waived. C J If appealed, the written grievance shall be presented by the employee and the Union and discussed with the Superintendent of Schools or designated representative, within ten (10) working days after receipt of the writ[en 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 arbifration within ten (10) working days after receipt of the Employer's reply on Step 3. Subd. 4. Sten 4: 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 selecfion of an arbifrator shali 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 authority to make decisions on any other issue not so submitted. � d� � � �� • ARTICLE 5. GRIEVANCE PROCEDURE (continued) The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the app4ication of laws, rules or regufations having the force and effect of law. The arbitrator's decision shaii be submitted in writing, copies to both parties and the Bureau of Mediation Services within thirty (30) days foilowing the close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. The decision shall be binding on both the Employer and the Union and shall be based solely on the arbitrator's interpretation or application of the express terms of this agreement and to the facts of the grievance presented. The fees and expenses for the arbitrator's services and proceedings shall be borne equaily by the Employer and the llnion provided that each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, providing it pays for the record. If both parties desire a verbatim record of the proceedings, the cost shaH be shared equally. If a grievance is not presented wiYhin the time limits set forth above, it shall be considered waived. If a grievance is not appealed to the next step within the specified time limit or any eutension thereof, it shall be considered settied on the basis of the Employer's last answer. If the Employer does not answer a grievance or an appeal thereof within the specified time limits, the Union may elect to process the grievance to the next step. The time limit in each step may be extended by mutual written agreement � of the Employer and the Union in each step. SECTION 6. Election of Remedies and Waiver: A party instituting any action, proceeding or complaint in a iederai or state court of law, or before an administrative tribunal, federal agency, state agency, or seeking relief through any statutory process for which relief may be granted, the subject matter of which may constitute a grievance uRder this agreement, shall immediately thereupon waive any and all rights to pursue a grievance under this article. Upon instituting a proceeding in another form as outiined herein, the employee shall waive his/her right to initiate a grievance pursuant to this article, or, if the grievance is pending in the grievance procedure, the right to pursue it further shall be immediately waived. This section shall not apply to actions to compel arbitration as provided in this agreement or to enforce the award of an arbitrator. ARTICLE 6. NONDISCRIMINATION - SECTION 1 Neither the Union nor the Employer shall discriminate against any empioyee because of Union membership or nonmembership, or because of race, color, sex, religion, national - origin or political opinion or affiliations. � � q�-l�� 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 (3) 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 Martin Luther King Day Presidents' Day Memorial Day Independence Day Labor Day Christopher Columbus Day Veterans' Day Thanksgiving Day January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October November 11 (see 1.1 below) 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 Service 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. 1.1 Notwithstanding the days listed above, the Employer may at any time during the 1995-96 school year designate the Friday after Thanksgiving as a paid holiday. In the event of such designation, Veteran's Day shall be deleted from the paid holidays list as set forth above. In addition, one floating holiday per contract year 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 (4) full biweekly pay periods (320 hours) per contract year. Regular or provisional employees who work an equivalent of thirteen (13) fuli biweekly pay periods (1,040 hours) per contract year 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. u � � ��-[�C� ARTICLE 8. SICK LEAVE • . SECTtON 1. Sick leave shall accumulate at the rate of .0576 of a working hour for each full hour on the payroll, excluding overtime. Sick leave accumulation is unlimited. To be eligible . for sick leave, the employee must report to his/her supervisor no later tfian one-half (1/2) hour past his/her regular scheduled starting time. The granting of sick leave shail be subject to the terms and provisions of this agreement. SECTION 2. Specified Allowable Uses of Sick Leave 2.1 Any employee who has accumulated sick leave credits as provided above shali be granted leave with pay, for such period of time as the head of the department deems necessary, on account of sickness or injury of the employee, quarantine established and declared by the Bureau of Health, death of the employee's mother-in-law, father-in-law, or other person who is a member of the household, and may be granted leave with pay for such time as is actually necessary for office visits to a doctor, dentist, optometrist, etc., or in the case of sudden sickness or disability of a member of hisJher household, making arrangements for the care of such sick or disabled persons up to a maximum of eight (8) hours sick leave. 2.2 An employee who works twelve (12) consecutive months per year for an average of twenTy (20) or more hours per week may use accumulated personal sick leave � credits for absences required to care for the empioyee's ill child. Sick leave for sick child care shall be granted on the same terms as the employee is able to use sick leave for the employee's own illness. This leave shall only be granted pursuant to M.S.181.9413 and shail remain available so long as provided in Statute. 2.3 Up to five (5) days of leave per year shall be allowed for sesious family illness emergency limited to the immediate family, which includes: spouse, parents and children. The days allowed and used shall be deducted from accumulated sick leave. ARTICLE 9. tiOURS, OVERT{ME SECTION 1. fiours: This section is intended only to define the normal hours of work and to provide the basis for the calculation of overtime pay. Nothing herein shall be construed as a guarantee of hours of work per day or per week. The normal work day shalt be eight (8) hours of work and the normal work week, regardless of shift arrangements, shall be an average of forty (40) hours of work. SECTION 2. Overtime: Overtime is to be paid for at the rate of time and one-half (1/2) for all assigned hours worked on the job in excess of forty (40) hours per week, on payroll. � 7 �b � L��O ARTICLE 10. VACATIONS � SECTION 1. • Vacations shall be earned by eligible employees on the basis of the formula stated in Appendix A attached. Upon written notice to the employee's supervisor and upon the supervisor's written approval, an employee may carry over up to one hundred twenty � (120) hours of accrued, unused vacation time into the next calendar year. Any accrued, unused vacation time in excess of one hundred twenty (120) hours will be forfeited at the end of the calendar year in which it is earned. ARTICLE 1 1. LUNCH BREAK SEC710N 1. All employees are entitled to a duty-free lunch break of thiriy (30) minutes without pay, at a time assigned by the manager. ARTICLE 12. CIVIL SERVICE EXAMINATIONS SECTION 1. Notice of Civi! Service (Personnetj 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 shati be given any employee laid off. � � � a�- �� ARTICLE 14. INSURANCE BENEFITS • . SECTION 1. Hos�italization And Life Insurance: Health and Welfare benefits shall be provided under the plan carried by independent School District No. 625 for employees. - Subd. 1. The Employer will attempt to prevent any changes in the benefits offered by a healih maintenance organizations plan. However, employees selecting a plan offered by a health maintenance organization agree to accept any changes in benefits which the specific health maintenance organization implements. SECTION 2. Subd.1. Effective January 1. 1995. the Employer agrees to contribute to the premium cost of employee hospital and medical coverage up to $165 per month for each full-time employee who is eligibie for such coverage, and who selects single coverage. Subd.2, Effective January 1. 1995, the Employer agrees to contribute to the premium cost of family hospital and medical coverage up to $295 per month for each full-time employee who is eligible for such coverage, and who selects family coverage. Subd.3. Effective January 1. 1995, for eligibie employees regularly assigned four (4) to six (6) hours work per day, the Employer will contribute up to one-half the premium cost for hospital and medical coverage. Such contribution shall not exceed $82.50 per month for employee coverage, or shail not exceed $147.50 per month for family coverage. For eligible empioyees regularly assigned more than six (6) hours per � day, the full contribution will be made. An employee with full contribution as of January 1, 1990, who is reduced to half-premium eligibility hours because of health disability or Employer-initiated hours reduction, shall not be reduced in premium contributions for twelve (12) calendar months from the date of his/her hours reduction, so long as helshe remains actively employed at the half-premium eligibility level. Subd. 4. The Employer wilf contribute to the cost ot $20,000 life insurance coverage in addition to $5,000 basic life insurance. This brings the total life insurance coverage to $25,000. The cost to the Employer for both basic and additional tife insurance coverages shall not exceed $6.32 per month. The additional life insurance coverage and Employer contribution toward additional life insurance premiums terminates at retirement. Subd. 5. The Employer agrees to contribute up to $26 per month to 4he premium cost for a dental plan selected by the Employer, for each employee who is eligible for such coverage. Subd. 6. Any premium cos4s in excess of the amounts stated above shall be paid by the employee, by means of payrolt deduetion. Subd. 7. It is the intent of the Employer to maintain during the term of this agreement a plan for medical and child care expense accounts to be available to employees in this bargaining unit who are eligibie for Empioyer-paid premium contribution for health � insurance for such expenses, witfiin the established legal regutations and IRS requirements for such accounts. 0 � ARTICLE 15. SEVERANCE PAY � SECTION 1. The Employer shall provide a severance pay program as set forth in this • article. ubd 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 (PERAj. 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 or 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 or 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 eiigibility requirements set forth above, he or she will be granted severance pay in an amount equal to one-half (1/2) of the daily rate of pay for the position held by the employee on the date of separation ior each day of accrued sick leave subject to a maximum of two hundred (200) accrued sick leave days. Subd. 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 shail be considered as separation of employment and, if ihe 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. � 10 Q� — c�� ARTICLE 15. SEVERANCE PAY (continued) � , Subd. 5. 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 as separation of employment, and such transferee shall not be eligible for this severance • program . Subd. 6. The manner of payment of such severance pay shail be made in accordance with the provisions of the School District Severance Pay Plan aiready in existence. Subd.7. This severance pay program shall be subject to and governed by the provisions of the original Schooi District Severance Pay Pian (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. Subd.B. The provisions of this articie shall be effective as of January 1, 1985. Subd.9. Any employee hired prior to December 31, 1984, 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 by the employee to draw severance pay under either this article or the basic School District Severance Pay Pian shall constitute a bar to receiving severance pay from the other. Any empfoyee hired after December 31, 1984, shall be entitled only to the benefits of this article upon meeting the qualifications herein. � � 11 ��- i�� ARTICLE 16. WORKING CONDITIONS � SECTION 1. Emergency 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 io work. Employees not notified who report for work shall be granted two (2) hours' pay at their regular rate. SECTION 2. Workshoos: 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. SECTION 3. Mileaae; 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. SECTION 4. Working 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 sixteenih (16) 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 individuaf 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 classitication. �ECTfOtV 5. Work In Advance Of School Year: In the event that a manager is required to work in advance of the beginning of the school/work year in arranging the workforce, the manager will make the arrangements trom a School District facility as assigned, and will be paid the regular contract rates for the assigned duty time. �ECTION 6. Saint Paul Food Manager's Certification: The parties recognize and acknowledge that the Sain! Paul Food Manager's Certification is a requirement for holding a position covered by this agreement, and will be a requirement prospectively for new appointees, as well as employees hired prior to January 1, 1992. The test or fests for the certification will be taken on the employee's own time. The District will pay a maximum of $30 one (1) time in a two (2j-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. � 12 `1� "�� ARTICLE 17. COURT DUTY . SECTION 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 while so engaged, uniess the court duty is the result of litigation undertaken by the empioyee or the Union against the Employer. Any fees that the employee shall receive from the court for such service shall be paid to the Employer. Any employee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as he/she is required to appear in court as a juror or witness. ARTICLE 1 8. SICK LEAVE CONVERSION SECTION 1. Accumulated sick leave in excess of one hundred eighty (180) days may be converted to vacation at the rate of two (2) days' sick leave for one (1) day v�cation up to a maximum of five (5) days' vacation time. Vacation is to be paid on the basis of regulariy-scheduled hours per day. ARTICLE 1 9. HEALTH INSURANCE PROVISION FOR RETIREES SECTION 1. � Subd.1. The Employer will provide payment of heaith insurance premium contributions for those who retire prior to age sixty-five (65), and who are receiving a PERA pension, provided they are 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 employee whose dependent is removed from coverage after retirement may continue under singie coverage at the Employer contribution rate for single coverage in effect for that carrier at the retirement date. No new dependents shall be added. Any premium cost in addition to the Empioyer contribution must be paid by the retiree. This provision shall be applicable to any empioyee who retired on or after July 1, 1973, except that prior to January 1, 1974, the Employer will not be responsibie for premiums. The empioyee must apply for this coverage prior to the date of retirement in order to receive the benefit. 1.1 For employees eligible and covered at the 4ime of retirement, who retire at age sixty-five (65) or later, or for similarly eligible and covered eariy retirees upon reaching age sixty-five (65) after retirement, the District will provide for those who meet policy requirements, payment of premium for a Medicare Supplement health coverage policy selected by the District. Subd.2. Notwithstanding 4he provision of Section 1, Subdivision 1 of this article, effective January 1, 1989, any employee hired or appointed to a position in this unit after January 1, 1989, must have completed twenty (20) years of continuous employment in the School District prior to retirement in order to be eligib(e for any payment of any insurance premium contribution by the Employer after his/her retirement. � 13 �� "� �� ARTICLE 20. DISCtP�INE AND DISCHARGE . SECTION 1, r The Employer shall have the right to impose disciplinary actions on employees for just cause. SECTION 2. Discipiinary actions by the Employer shall include 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. SECTION 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 initiaied the suspension wiih 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. � 14 ��" ��.� ARTICLE 21. LEAVES • . SECTION 1. Lo�-Term Leaves Without Pay: Leaves of absence may be requested, on the basis specified in Civii Service Regulations. Effective July 1, 1976, the Food Service Director will reply to such requests within fifteen (15) calendar days after � they are received in the Food Service Office. SECTION 2. Short-Term Leaves Without P�: Short-term special leaves without pay, not to exceed two (2) weeks in duration, may be requested and will be considered by the Employer subject to the operational needs of the Empioyer and the ability to secure substitute heip to satisfactorily maintain the particular assignment of the employee involved. Subd. 1. Applications for such leaves must be submitted in writing to the Food Service Director at least forty-five (45) calendar days prior to the proposed start of the leave without pay and shall include the proposed period of the leave and purpose for leave. Subd.2. Effective April 1, 1979, the Director of Food Service shall notify the employee requesting leave no less than thirty (30) calendar days prior to the proposed leave date, whether the leave is to be granted or denied, except that, if a leave is requested to immediaiely tollow a one-week or two-week school vacation, the thirty (30) days' notice shall occur thirty (30) days before the beginning of such vacation period, providing the request was received at least fifteen (15) days earlier. � Subd. 3. Eight (8) such leaves shall be made available by the Employer in each school year, for the entire department (i.e., for Cook Managers and Food Service Personnel combined). Four (4) of the eight (8) ieaves available shall be reserved for employees who have worked for the Food Service Department for at least five (5) years. The other four (4) leaves will be available to employees on the basis specified in this article. Subd.4. No more than two (2) such leaves will be granted during the month of January and no more than two (2) leaves will be granted during the month of February each year. SECTION 3. Fami{�nd Medical Leave: Leaves of absence shall be granted as required under the federal law known as the Family Medical Leave Act (FMLA) so long as it remains in force. The Human Resource Department provides procedures. � 15 ��-i�� ARTICLE 22. UNIFORMS • SECTION 1. . Employees will be provided two (2) new uniforms per school year by the Employer; employees who are assigned a twelve (12)-month work year, rather than the school year, will receive three (3) new uniforms per year. Selection of uniforms is the ' Employer's option. Subd. 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 (3) uniforms supplied for stari up by the Employer. 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 Subd. 1. See wage rates described in Appendix B. Su d. 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. Su d. 3. Salary Steo Proqression: 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 pertormance evaluation to receive any salary step advancement. Step A shall be the normal entry rate for the positions in this bargaining unit, except as otherwise provided in Civil Service Rules. Employees shall remain at the Step A pay rate until the completion of 2,080 hours on the payroll in the title, then move to Step B. For each additional 2,080 hours on the payroll, the employee may advance beyond Step B by one additional step, up to and including Step E. For each additional 4,160 hours on the payroll, the employee may advance beyond Step E by one additional step, up to and including Step I. Empioyees who were employed in the bargaining unit prior to January 1, 1995, will be placed on the salary schedule in accordance with their total hours worked in the District as of January 1, 1995. These employees will, thereafter, advance from step to step based on accumulation of the appropriate number of hours between the steps as detailed � above. f[: ��'1�� ARTICLE 23. WAGES (continued) . . Employees appointed to a position in the bargaining unit on or after January 1, 1995, once placed on the salary schedule, will advance thereafter from step to step based on accumulation of the appropriate number of hours between the steps as detailed above and . without reference to any prior employment in the District. Subd.4. During the term of this agreement, the Board may at its discretion unilateraliy increase the pay rates provided in Appendix B, in an effort to achieve compliance with the requirements of the Minnesota Pay Equity Act. Ten (10) days' notice to the Union wiil be provided prior to taking such action. ARTICLE 24. DURATION OF AGREEMENT This agreement shall be in fuil force and effect from January 1, 1995 through December 31, 1995, and shall automatically be continued from year to year thereafter, unless a new agreement is developed in accordance with the provisions of the Public Employment Labor Relations Act of 1971, as amended. Intent to negotiate a new agreement shall be indicated by either party providing written notice thereof at least ninety (90) days prior to the termination date set forth herein. � � � 17 � � � ... : u . �C� - (gf� This agreement is by and between independent School District No. 625 and School Service Employees Locai No. 284, S.E.I.U., AFL-CIO, on behalf of Cook Managers. In fuli settlement of 1995 negotiations between the herein parties, the parties have adopted this agreement, which is attached hereto and made a part hereof. It is understood that this settlement shall be subject to approval and adoption by the Board of Education of independent School District No. 625 as well as ratification by the Union. INDEPENDENT SCHOOL DISTRICT NO. 625 SCffOOL SERVICE ETAPLOYEES LOCAL NO. 284, S.E.I.U., AFL-CIO y � � i n,w �1. /� Business Representative . c.J • teward 3 z,� �s Date 19 ' I �� Date �L -I �f� Regulation Effective 1-5-74 Vacation for Less Than a Full Year APPENDIX A For the purpose of computing the amount of vacation an employee who is eligible for twenty-one (21) days atter fifteen (15) years of service and twenty-two (22) days after twenty-five (25) years of service has earned, the following shall apply: Hours of Vacation Earned Years of Service Per Hour on Payroll First Five Years After Five Years After Fifteen Years After Twenty-Five Years .0385 .057� .0806 .0845 Round off to the nearest hour � � Example: If an employee with three (3) years of service appeared on ihe payrofl for i,680 hours in 1972, helshe will have earned (1,680 x.0385) 64.68 hours of vacation. This is rounded off to the nearest hour and the employee is granted siuty-five (65) hours of vacation. The time of vacation is fixed by the head of the department in which the employee is employed. � � �L � 4��, � Effective: December 24 1994 0 to 2,080 NIXT hrs 2,080 Steps A B i APPENDIX B Biweekly Rates NEXT NIXf NEXf NEX� NEXT 2,080 2,080 2,080 4,160 4,160 C D E F G NIXf NIXf 4,160 4,160 H 1 Titles Cook Manager 948.68 986.63 7,026_OS 7,067.13 1,1o9.81 1,137.56 1,165.3t 1,223.58 1,314.74 �uality Control Assistant Food Preparation Supervisor 953.96 992.72 1,031.81 1,073.09 1,116.01 1,143.90 1,171.81 1,230.40 1,321.92 976.86 1,015.94 1,056.58 1,098.83 1,142.79 1,177.36 1,1 g9.93 1,259.93 1,352.93 Catering Coordinator 1,016.86 1,055.94 1,096.58 7,138.83 1,162.79 1,211.36 1,239.93 1,299.93 1,392.93 Lunch Coordinator 1,041.86 7,080.94 1.727.58 1,163.83 1,207.79 1 236.36 1 264 93 1 324 93 1 417 g3 MINNESOTA PROFESSIONAL DEVELOPMENT PLAN FOR SCHOOL FOOD SERVICE AND NUTRITION - LEVEL 3 CERTIFICATION PREMIUM When a regularly (civil service) certified and appointed employee shall have completed the credit hours required for Level 3 of the Minnesota Professional Development Plan for School Food and Nutrition and shall have received such certification, that employee shall become eligible for an additional $0.10 (ten cents) per hour premium over and above his/her normal biweekly rate of pay for all hours on the payroll so long as the employee maintains a current Level 3 certification. Payment of the $0.10 (ten cents) per hour premium shall become effective within thirty (30) days after the empioyee has presented to the Director of Food Service of the Saint Paul Public Schools evidence in writing of his/her completed Level 3 certification. Employees must maintain current Level 3 certification and show evidence of the renewed certification to be eligible for continuation of the premium. LEAD FOOD PREPARATION SUPERVISOR PR MIUM a \ J When a regularly certified and appointed Food Preparation Supervisor is assigned the duty ot Lead Food Preparation Supervisor, the employee shall be paid an additional $.50 (fifty cents) per hour over and above his/her normal hourly rate of pay for the hours worked on each work day assigned in the Lead person function. This duty shall be assigned or discontinued at the sole discretion of the Director of School Food Service. Only a regularly appointed Food Preparation Supervisor is eligible for the premium, when properly assigned. At any time when the Director of Food Service plans to assign this Lead function to an employee in the Food Preparation Supervisor title for more then thirty (30) working days, all employees working in that title will be notified and have an opportunity to express interest in the duty. �