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97-415Council File # 97 �/ � ,__�-- Presented Referred To RESOLUTlON Green Sheet # 35891 - INT PAUL, MINNESOTA /Q � � Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1996 through June 30, 1998 Labor Agreement between the Independent School District No. 625 and International Union of Operating Engineers Loca170. Requested by Deparnnent of: Office of Labor Relations BY� _-�� Form Appro ed by City Attorn B � � �� Adoption Certified by Council Secretary By: % V \�� 1`�^!V-��_ Approved by Date ��`�\��_ "� By: �. �,P \ Approved by�r Submissio to Council By: � U� Adopted by Council: Date �n�A� 3�� '� ' C DEPARTMEYIT/OFFICFICOUNCD.: DA7E INITL4TED GREEN SHEET / �No.:35891 LABOR RELATIONS April 1,1997 � � �� f CONTACf PERSON & PHONE: p II'ffiAi/nnTE INITTni/De'PE �� 7ulie Kraus 266-6513 ,�� 1 DEPAR7MENT DIR � a crrr courrcn, 7�Q�Mggg 2 CITY A7TORNEY � C1TY C:LERK MUSf BE ON COUNCII. AGENDA BY (DATL� �R BUDCET DIIL FIN. & MGT. SERVICE DIIt ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES i (CLIP ALL IACATTONS FOR SIGNATURL� acrtox�irnsrEn: This resolution approves the July 1, 1996 through June 30, 1998 Labor Agreement between Independent School District No. 625 and Internationai Union of Operating Engineers Local 70. RECOMMENDATTONS: App�ove (A) ar Rejed (R) YERSONAL SERVICE CONTRALTS MUSf ANSWER THE FOLLOWING � QURSTIQNS: _PLANNINGCOr4llSSION CIVII.SERVICE COMR4SSION 1. HastLispasonRumevawa�kedundca�forihiedepattmat? CIBCOMD�IlTfEE Yes No STAFF 2. Hasttispaam/S�¢ievabemacilyemployce? DIST'RICT COURT Yts No sorroxTS wFncx cou[aca os�c�nvE� s. nxsm��m �a�u ms�urr�bv�r ��r �m�m�T Yes No Ezplalo a➢ya answen on aepat�fe aLeet aud adach to =reen s6eet Il�7'FIATING PROBLEM, ISSUE, OPPORTUiVITY �Vdo, Whaf, W6en, Where, Why): ADVANfAC&SIFAPPROVED: � ` �. "t�.d' This resoluCion pertains to Boazd of Education employees only. �� ' �—�' �� __ APR � Q 1 1997 �,3 � DISADVANTAGES IF APPROVED: DISADVpNTpGESIF NOT?,.�PROVED: , TOTAL AMOUNT OFTRANSACfIUN: COST/REVENUE BUDGETED: FUNDING50URCE: AGTIVITYNUhiBER: RECEI��U FINANCIAI. TNFORMATION: (F.XPLAIN) AQR 0 3 1997 f7RYQR'S iN'H(;� 97= �is INQEPENDENT SGHOOL DISTRlCT NO. 625 BOARD OF EDUCATfON SAINT PAUL PUBLIC SCHOOLS DATE: February 3, i987 TOPIC: Approvai of 1996-98 Labor Agreement, 1996-98 Memorandum of Understanding regarding overtime; 1996-98 Memorandum of Understanding regarding bidding, and 1996-98 Memorandum of Understanding regarding training with Intemational Union of Operating Engineers (I,U.O.E.) Locaf 70 exclusive representatives for custodial service employees A. PERTINENT FACTS: 1. The term of the contract is from July 1, 1996 through June 30, 1998. 2. Contract changes include the following: The titles were changed to reffect Arabic numbering and delete the former Roman numerafs. Obso4ete language and dates were deleted and updated throughout the contract. SENIORITY: The se�iority language in Article 5.6.3 was amended to delete building seniority ianguage and reflect current use of dass'rfication seniority. Additionaity, new language in 5.6.4 describes the procedures for cases where afull-time position is eliminated and tfie emp4oyee is p{aced in a position with a starting time more than two hours different than his/her originai position. SICK LEAVE: Effective March 1, 1997, in case of sudden sickness or disability of a household member, up to eight hours may be granted for any one instance. The language from section 8.6.1 was moved and renumbered to 8.4.3. SEVERANCE: The eligibility requirement in this Article was changed from 58 to 55 years of age. IM LEAGE The language was updated to refleet the current mileage rates approved by the Board of Education. iNSURANCE Retiree Healfh Msurance: The new transitionat Retiree Heafth insurance language wili be inserted as agreed. This includes the new deferred compensation option, transitional severance allowance optian or stated employer contribution limits on retiree heaith insurance for retirees who reach age 65 and older. All options have specified eligibility criteria 9�- �Js Empioyment Agreement fior intemational Union of Operating Engineers Local No. 70 INSURANCE (continued): February 3, 1997 Page Two Active Employee Heakh insurance: This articie was completely rewritten to coordinate the transitional retiree insurance language and prov+de a more readabie article. Effective January 1,1997, the waiting period for eligibility will be three morrths of active service. Effective July 1, 1996: Heatth insurance premium coMritrution by District increases to $177 per month for single coverage or $305 per month Sor family coverage. Effective January 1, 1997: HeaRh insurance premium contribution by District increases to $185 per month for single coverage or $320 per month for tamiry coverage. Effective January 1, 7998: Health insurance premium contribution by District increases to $195 per month for single coverage or $330 per month for family coverage. Life Insurance: The amount of I'rfe insurance for eariy retirees prior to age 65 was amended from $10,000 to the standard District amount of $5,000. HOLIDAYS: The two fioating holidays will be converted into vacation days effective December 7, 1996. The vacation tormuta is increased to retlect the additionai two days. Any ftoating holidays used between December 7, 1996, and the finai approval by Board of Education wiii be deducted from accrued vacation. There is no net change in the total number of days availabie. A ES: The satary rates are on the attached sheets. Effective Juty 1 1996: The Facility Services Worker c{ass'rfication was restructured to provide the ability to work alone in buildings wfth pubiic contact and to lock up. The hourly rate for the Facility Services Worker title was bargained to reflect this change in responsibilfties. The salary rates for other titles will be increased by 2.25%. EffecFrve July 1, 1997: The Faciiity Services Worker rates ai Step 1 and 2 wi0 be increased by 2%. All other rates will be increased by 3%. 3. MEMORANDA OF UNDERSTANDING: . A Memorandum of Understanding has been developed between the District and the Union which deariy states the overtime Call procedures, and amends the procedures to simptify the process. The Memorandum of Understanding vdll be an appendix to the contract book. Atfeged violations wilf be grievable under the crontract grievance procedures to the Superintendenfs level as the final step. This Memorandum of Understanding is effective July 1, 1996 through June 3�, 1998 Engineer 2-5 6idding: The Memorandum ot Understanding regasding bidding rights for Custodian-Engineer 2-5 empfoyees wiil be an appendix to the contact book. This Memorandum of Understanding is a pilot project that wiil be effective February 4, 1997 through June 30, 1998. ��15 Employment Agreement for Intemational Union of Operating Engineers Local No. 70 MEMORANDA OF UNDERSTANDING (continued}: Trainin� Premium (Not Inc{uded in Labor Agreement): February 3, 1997 Page Three The training premium for Gustodian-Engineers 2-5 is renewed through June 30, 1998. This memorandum establishes the conditions for Custodian-Engineer 2-5 emptoyees to take advanced Vaining on their own time and establishes the premium payment scheduled for successful completion of the training. The amount ot the training premium is not increased. 4. 7he Distdct has 265 regular employees in this bargaining unit. 5. This request is submiited by Richard Kreyer, Negotiations/Labor Reiations Manager, Patrick Quinn, Executive Director, Plant Planning and Maintenance; 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 and Memoranda ot Understanding concerning the terms and conditions of employment of those custodiaV service empioyees in this schoof district for whom the intemational Union of Operating Engineers (I.U.O.E.) Local No. 70 is the exclusive representative. Duration of the Agreement is for the period July 1, 1996 through Jurte 30, 1998. Duratior� ot Memoranda of Understanding are as indicated therein. ��- �/s i 1996 - 9S LABOR AGREEMENT between SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 � � INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 70 Term: July 1, 1996 through June 30, 1998 s � j �f� p�� d� �� PUBLIC SCHOOLS LlFELONG LfARNING � �� PUBLIC SCNOOLS �IFELONG LEARNING SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Direcior Becky Montgomery - Treasurer Administration: Curtnan L. Gaines Maureen A. Flanagan Wiitiam A. Larson Lyle Baker, Interim Cy R. Yusten - Superintendent of Schools - Executive Assistant Superintendent of Schools - Assistant Superintendent Fiscal Affairs and Operations - Assistant Superintendent Planning and Support Services - Assistant Superintendent Teaching and Leaming i �� 9?- �� CONTENTS r LJ A TI LE TITLE � i Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 1�. Article ii. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Articie 18. Article 19. Article 20. Article 21. Article 22. Article 23. Artic{e 24. Appendix A Recognition ..................................................................................................1 Definitions ................................................................................................... 2 Union rights ................................................................................................3 Temporary Employment ..............................................................................5 Seniority ..................................................................................................... 8 Management .................................................................................... t 2 Hours And Premium Pay ........................................................................... i 3 LeavesOf Absence ...................................................................................... i 4 Military Leave Of Absence ......................................................................... i 7 Court Duty .................................................................................................1 7 Severance ...........................................................................................1 8 Mileage ......................................................................................................1 9 Supervisory Assignment ...........................................................................i 9 Working Out Ot Classification ...................................................................20 Discipline ..................................................................................................2 2 Employee Benefits .....................................................................................23 Holidays .....................................................................................................3 7 Vacation .....................................................................................................3 9 Uniforms ...................................................................................................4 0 Grievance Procedure .................................................................................41 Wage Schedule ...........................................................................................4 3 5t rikes, Lockouts, Work Interference ......................................................4 3 Nondiscrimination .....................................................................................4 3 Terms Of Agreement ..................................................................................4 5 W� ................................................................................................A1 - A2 MEMORANDA OF UNDERSTANDING � Equalization of Overtime Engineer 2-5 Bidding �� i�-�� 1�_J � PREAMBLE This Agreement is by and between Independent School District No. 625 and Locai Union No. 70, Intemational Union Of Operating Engineers, AFL-CIO. Tfiis Agreement has been entered into between fndependent School District No. 625, hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter re(erred to as the Union. This Agreement has as its purpose, the promotion of harmonious relations behveen the Employer and the Union, the establishment of an equitable and peacaful procedure for the resolution of differences and the estabfishment of raies of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objeetives in full compiiance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � ��-�js� ARTICLE 1. RECOGNITION • 1.1 The Employer recognizes ihe Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours, and other conditions of employment for all of its employees as outli�ed in the certification by the State of Minnesota 8ureau of Mediation Services under Case No. 73-PR-449-A, � amended, to read as toilows: All regular, probationary, and provisionaf engineering and building maintenance personnel who are employed by Independent School District No.625, and whose employment service exceeds the lesser of 14 (fourteen} hours per week or thirty-five percent (35°/a) of the normal workweek and more than sixty-seven (67) workdays per year i n the following classifications: Custodian-Engineer 5, Board of Education, Custodian-Engineer 4, Board of Education, Custodian-Engirteer 3, Board of Education, Custodian-Engineer 2, Board of Education, Custodian-Engineer 1, Board of Education, Facility Services Worker, Trainee (Custodian-Engineer) Custodian', Custodial Worker*, Custodian (Light Duty)'; • excfuding supervisory, managerial, clerical, confidential, and temporary employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shafl be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. 1.3 Temporary employees are recognized as within the unit covered by this Agreement, however, except as specificaify provided by this Agreement (see Article 4), temporary employees shali not have nor acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules. � 'Abolished except as to present incumbents. ��-��5 ARTICLE 2. DEFINITIONS 2.1 Collective Bargainina: The Employer will bargain collectively with the Union • with respect to rates of pay, hours, and other conditions pertaining to employment for ail of the emptoyees in the unit hereinbefore set forth. 2.2 Maintenance of Standards: The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working co�ditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules ot the City of Saint Paul (Resolution No. 3250), at ihe time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement_ 2.3 Discrimination; The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any empioyee covered by this Agreement bec�ause of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. � � 9�-�J-s � C� � ARTICLE 3. UNION RIGHTS 3. i The Union may designate employees within the bargaining unit to serve as Union Stewards and shall be required to administer this Agreement. 3.2 The llnion shall furnish the Emptoyer and appropriate department heads and District Negotiator with a Iist of Stewards and alternates, and shall, as soon � possible, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shaii be recognized by the Employer for the purpose of ineetings. 3.3 There shatl be no deduction from the pay of a Steward when directly involved i n meetings with management relating to the administration of this Agreement during working hours. 3.4 Designated Union representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract, so long as the Union representative does not interfere with the completion of the employees' job duties. 3.5 Shoo Steward: The Chief Steward or Assistant Chief Steward in the District w i I I be allowed to accompany an employee io meet with the Employer during regular working hours for the purpose of grievance review and dispute resolution invoiving employees, under the following conditions: 3.5.1 3.5.2 3.5.3 3.5.4 3.5.5 That only one employee from any one department be allowed to leave his/her work. That stewards wilt attend these meetings on their own time when they are held outside of regular working hours. That adequate notice is given to the supervisors so that permission may be obtained from the Facility Operations Office. That the steward has officially been designated as such by the Union. Only the chief or assistant chief steward shall be excused for participation in grievance and/or dispute resolution meetings. 3.6 A maximum total of eighty (80) hours without loss of pay per contract term w i l l be allowed for the combined use of a maximum ot four (4) shop stewards to participate in contract negotiations, mediation, or arbitration meetings which are held during the regular working hours of any of the stewards. It is understood that Union and the Employer will, to ihe greatest extent possible and reasonable, schedule such meetings outside regular working hours, and stewards will attend the meetings when this is the case on their own time. 3.7 Union Conventions: Duly-elected Union delegates shall be granted time off without pay for one (1) week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shali give at least ten {10) working days' advance notice of the employees who will be participating in such conventions. � ��+� ARTICLE 3. UNION RIGHTS (continued): 3.8 Dues. Fair Share � 3.8.1 Dues: The Employer agrees to deducf 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 Unio� and the aggregate deductions of all employees 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 is possible. 3.8.2 Fair Share: 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 shaii the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specificaliy provided by Minnesota law, and as otherwise legal. 3.8.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituted against ihe � District, its officers or empioyees, by reason of negligence of the Union in requesting or receiving deducYions under this Article. The District will indemnify, defend, and hold the Union harmless against any claims made and against any suits instituted against the Union, its officers o r employees by reason of negtigence on the part of the Empioyer i n making or forwarding deductions under this Article. 3.8.4 The Employer will notify the Union in writing of ail new employees covered by this Agreement within a reasonable time period of the employee's first day of work. The Employer will notify the Union at regular intervals regarding employee status changes, including unpaid leave, promotion, demotion, resignation, layoff, and/or retirement. � �- y1S ARTICLE 4, TEMPORARY EMPLOYMENT (Effective July 1, 1993) • Effective July 1, 1993, the District and Union acknowledge three types of temporary employment: Casual Service, Short-term Service, and Extended Service. All persons employed in any temporary status or any extension of temporary service must knowing4y consent to such extension and compiete a Temporary Employment Certification Form acknowledging the temporary nature of the assignment. All perso�s employed in any temporary status will be members of the bargaining unit following the completion of sixty-seven (67) workdays, and have the terms and conditions of employment set forth in this Article. An extension of temporary assignment dces not create any continuing employment rights for the temporary employee. 4.1 Casual Service Temporary Employment: Casual Service Temporary Employment will be characterized by assignments that are less than sixty-seven (67) days in duration, and the terms and conditions of employment are established solely by the Employer. These are not positions covered by the bargaining unit. Work assignments will typically be overflow work which serves as an extension of, and not a replacement for, the normal workforce of regular empioyees. 4.2 Short-Term Temoorary Empioyment: 4.2.1 Short-term Temporary Empfoyment wili be characterized by an initial employment assignment for up to 1,040 hours. One extension for up to an additional 1,040 hours wiil be permiited. A copy of the completed � Temporary Employment Certification Form signed at the time of the extension wiil be sent to the Union. 4.2,2 Short-term Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.2.3 Short-term Temporary employees will receive paid time off for the named holidays in Article 17, exctuding any floating holidays. 4.2.4 There shaii be no other access to contractual benefits except � specifically stated in 42.3 above. 4.2.5 Short-term Temporary Employment work assignments typically w i I I serve as short-term replacements for positions normally filled by regular employees. 4.2.6 Such assignments will normally be to cover for the following conditions: a) regular employees on paid leave, . b) regular empfoyees on non-compensatory leaves with guaranteed return, c) vacancies in job ciasses where there is no list ot eligibie candidates in place from which to make regular appointments, d) positions that are of specific limited duration of less than twelve (12) months in duration, � e) other similar assignments. 5 �.�� ARTICLE 4. TEMPORARY EMPLOYMENT (continued}: 4.3 Extended Service Temnorary Employment; • Extended Service Temporary Employment will be characterized by temporary employment which requires assignment beyond 2,080 hours, but is nevertheless temporary in �ature. 4.3.1 If the District determines the assignment for a Short-term Temporary employee must be eutended beyond 2,080 hours, the assignment will be considered an Extended Service Temporary assignment. 4.3.1.1 The District, Union and temporary emptoyee must agree to any Short-term Temporary Employment that is to be extended beyond 2,080 hours. 4.3.1.2 The District, Union and temporary employee wili sign the Temporary Employment Certification Form acknowledging the temporary nature of the assignment. 4.3.7.3 Upon agreement, the temporary employee will be considered an Extended Service Temporary employee. 4.3.2 Exkended Service Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.3.3 Eutended Service Temporary employees will have access to contractual " � benefits as described in 4,3.3.1 through 4.3.3.4 below. The benefits i n 4.3.3.1 through 4.3.3,4 wiil be effective the first full pay period after the completion of the first 2,080 hours in temporary status and aiter the signing of the Temporary Empioyment Certificafion Form. 4.3.3. i Paid sick leave time shall begin to accrue for ali hours on the payroll, based on a formula ot .0576 ho�rs time earned for each straight-time hour on the payroll, Maximum accrual ailowed is 200 hours. There is no exchange of accrued unused sick leave for cash paymenf. 4.3.3.2 Paid personal leave time shall begin to accrue (as vacation), for all hours on the payroli, based on a formula of .0385 hours time earned for each straight-time hour on the payroll. 4.3.3.3 The employee sfiall have access to paid hoiidays as provided i n the labor agreement in Article 17, Seciion 17.5. They shatl also have eligibility for the two {2) floating holidays as identified in Article 17, Section i7.1, through December 31, 1996. � 0 �� y�s ARTICLE 4. TEMPORARY EMPLOYMENT (continued): � 4.3.3.4 The employee shall be eligible for participation in and Employer contributio� to health care coverage and life insurance coverage as provided for active regular employees in Article 16, Sections 16.$.1 and i6.13.1. Temporary employees will be required to contact the Benefits Off+ce to apply fior appropriate benefits. No access or benefii beyond these specified sections is granted or aeated or intended or � implied. Any cost of any premium for any District-offered empioyee or famiiy insurance coverage in excess of the specified District maximum contribution limits shall be paid by the employee via payroll deduction. 4.3.4 There shall be rw other access to contractual benefits except those specifically staied in 4.3.3 above. 4.3.5 An Extended Service Temporary employee who, through the appropriate merit based examination procedures, becomes employed as a regular employee covered by this Agreement during the period of Extended Service Temporary Employment shail have hislher period of temporary employment in excess of the initial 1,040 hours recognized toward compfetion of the probationary service requirement in the regular appointment. � 4.4 None of the provisions of this Arficle shall have any retroactive effect for any empioyee in any temporary employment status prior to the effective date of this Article, July 1, 1993. 4.5 No access to continuing employment is created or intended by any provisions of this Articie. � �-�—�{c5 ARTICLE 5. SENIORIlY 5.1 General class seniority; Ciass seniority shail be determined based on the � continuous length of probationary and regular service with the Employer (Independent School District No. 625, Saint Paul Public Schools) from the date the empioyee was first appointed to a job ciass covered by this Agreement. Class seniority shall be understood to be on an Employer-wide (District-wide) basis within eachjob class unless expressly siated otherwise. In cases where two or more employees are appointed to the same c(ass title on the same date, the seniority shall be determined by the employee's rank on the eligibte list from ' which certification was made. 5. i.1 It is further understood that only time worked for the Employer (Saint Pau! Public Schools) shall be considered for the purpose of seniority calculations. The only exception is for regular employees currentiy employed by the Employer as of July 1, 1993, who have accrued time in a job class represented by the Union in service with the City of Saint Paul prior to July 1, 1993. For those regular empioyees, the time in such job class with the City of Saint Paul w i I I continue to be considered as time with ihe Empioyer. If, however, the employee has a break in employment with the Employer, (i.e., termination, resignation, retirement) thereafter, i f re-employed, only ihe time following the employee's subsequent rehire to the Employer will be considered for purpose of seniority calculation. 5.1.2 An unsuccessful completion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall � not be considered a break in employment with the Employer. A successful completion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall be considered a break in employment with the Employer. 5.2 Class seniority determination for workforce reductiorts: In the event that the Employer determines that it is necessary to reduce the workforce, employees wiil be laid off in inverse order of class seniority in the job class from which the reduciion is to occur. The Employer must terminate the employment of all temporary and provisional employees in that job class before any regular employee in that job class is laid off. 5.3 Class seniority determination for placement following a workforce reduction: For purposes of this Section, the job classes covered by this Agreement (excluding Custodian-Engineer Trainee and abotished job classes} shall be considered one job class series. The job class with the highesi rate of pay shown in Appendix A shall be the highest level job class in the series. The job class with the next highest rate of pay shown in Appendix A shall be the next highest level job class in the series, arid so on down to the last job class. When the number of empioyees in higher level job classes is to be reduced, employees w i I 1 be oHered reductions to the next highest level job c(ass, whether or not the employee previously was appointed to such job class, in which class seniority would keep the employee from being laid off. � 0 �� 1�5 ARTICLE 5. SENIORITY (continued): • 5.3 Ciass seniority deiermination for placement following a workforce reduction (continued): it is understood that an employee being reduced shall have that employee's class seniority in his/her current job class (and any appropriate class seniority i n any lower levei job class that the employee previously held) used to determine rights to positions at tt�e time of the reduction. Thereby, employees whose positions are to be reduced shali have the right to displace employees with less class seniority in that job ciass. The empioyee with ihe least class seniority i n the job class shall then be reduced to the naxt lowest title for which the employee has more seniorily than the feast senior employee in that job class. Empioyees being reduced shall not have the ability to reduce to abolished job classes shown in Appendix A, unless the empioyee was previously appointed to such job class, has no breaks in empioyment since appointed to such job class, and there remain employees actively empioyed in that job class at the time of the layoff. 5.4 Recall from workforce rerluctions: Recall from workforce reduction shall be in order of class seniority within ihe job class from which the layoff occurred. However, recall rights shali expire after two (2) years from the date of the layoff. 5.5 Class seniority determination foliowing voluntary reduction: In the event that an employee requests a voluntary reduction to a lower level job class, and such request is approved by the Human Resource Department for the Employer, then � the employee's cfass seniority in the job class to which the employee is being reduced shatl be the continuous length of probationary and regular service with the Employer from the date the emplayee was first appointed to the job class in this Agreement to which the empioyee will be reduced (this would also inciude any continuous service time in higher level job classes covered by this Agreement). If the empioyee is reduced to a lower level job class not previously hefd, then the employee's ciass seniority in the job class to which the empfoyee is being reduced shail be the continuous length of probationary and reguiar service with the Employer from the date the empioyee was first appointed to any higher levei job class covered by this Agreement. Voluntary reductions will only be approved if the reduction is to a vacant position in a lower level job class. It is understood that the employee wiil have no reinstatement rights back to the former higher level job ciass following the voluntary reduction. If the employee is reappointed to the higher level job ciass through the appropriate testing and selection procedures, then the employee's class seniority in that job class will begin as if new{y appointed to that job class. No employee will have the ability to voluntarily reduce to any of the abolished job classes shown in Appendix A. �� -� �� ARTICLE 5. SENIORITY (conlinued): 5.6 Seniority for Bidding on Location 5.6.1 Bidding for location: Annually, after the beginning of the school year, the Office of Facility Operations wiH post a listing of vacant positions i n the job classes Light-Duty Custodian`, Custodian*, Facility Services Worker, and Custodian-Engineer 1, with the lacations of the vacancies. Empioyees who have been certified and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bids for assignments witl be honored in order of class seniority in that job class providing the empioyee is qualified for the assignment. No other positions are posted for bid. Vacancies in new buildings will be open to bidding only by employees who have had satisfactory or higher performance ratings for at least ihe preceding year. Custodian-Engineer 1 vacancies in new buildings will be listed only to allow employees in that job class to express interest in being cons+dered by submitting a letter to the department he�ad. a) Additional vacancies in the specified year will be similarly posted for additional times during the year, vacancies available. job classes during the schooi bidding at least four ( 4) if there are appropriate b) M employee who has been reassigned as a resutt of the bidding process is not eligibie for any further bidding for at teast one ( 1) year. An employee whose shift is changed significantty on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again in the same year. c) Nothing in this provision shall be construed to limit the right of the Employer to transfer an employee to another location without bidding if there is reason to do so. 5.6.2 When ihere is a reduction irt the number of positions in a job ciass at a specific building, but the overall number of positions in the job class District-wide has not been reduced, then classification seniority applied District-wide will be used to determine who is transferred out of that building. 5.6.3 If any full-time employee's position at a specific building is eliminated and/or changed to require the empioyee be scheduled to regutarly perform work in two buildings, the newly assigned employee wiii: a) Have the employee's class seniority recognized in the second building(s). • � � 10 9�- �� ARTICLE 5. SENfORiTY (continued): • 5.6.3 (continued): b) Have the employee's class seniority recognized in the new building(s) and may use such class seniority in the new building(s) assignment for purpose of displacing the employee with the least class seniority in the same classification from that employee's scheduled shift, providing the newly assigned employee has more class seniority than the employee being displaced. Fuii-time employees may not dispiace part-time employees, a�d part-time empioyees may not displace full-time employees. c) Retain the right to reclaim that employee's original position in the first location shauld it reopen in the ne�ct thirteen (13) months, provided the employee has not accepted a position through any bid process. 5.6.4 Effective March 1, i997, a full-time employee whose position is eliminated and who is assigned to a"floater" assignment in the employee's job class, at that time, shall have the right to displace the least senior employee in the same job class who hoids a building assignment. If a`Yioate�" position remains as an availa6le vacancy, the dispiaced least senior employee can be reassigned to a`Yloater" position in the same job ciass. A fufl-time employee whose position is eliminated and who is placed in � an assignment in the employee's job cfass that is more than two ( 2) hours different than the shiit assignment prior to the position elimination, at that time, shali have the right to displace the least senior employee in the same job class who holds a shift assignment that is within two (2) hours of the shift assignment prior to the position elimination. If a"floater" position remains as an available vacancy, the displaced least senior employee can be reassigned a"floater" position in the same job class. 5.7 Seniority for Shift Seiection: 5.7.1 All shifts and work areas are determined by the Employer. Nothing i n this Section 5.7. should be construed to limit the right of the Employer (department head or designee) to change an employee to another shift o r work area ii there is reason to do so, 5.7.2 There is no building seniority status tor the purpose of bidding on locations or shifts. 5.7.3 When a shift adjustment of more than two (2) hours earlier or later is made bythe Employer, and is planned to continue for more than thirty (30) working days, then shift assignment for employees in that building in the classification of the adjusted shift shall be re-bid. Ciass seniority shall be the determining factor, so long as the employee is qualified and able to perform the duties of the assignment. � 11 ��-�l� ARTICLE 5. SENIORITY (continued): 5.7 Seniority for Shift Selection (continued): � 5.7.4 When a vacancy occurs in a building, the opening wili not be offered for bid in the building. Piant Pianning and Maintenance wiil review and determine any schedule or classification change, and whether the vacancy will be filled. If the vacancy is to be filled, the position w i I I then be offered for location bid pursuant to Section 5.6.1. of this Article. 5.7.5 When a shift change of more than four (4) hours occurs in a position or several positions, then the position(s) shall be offered for bid pursuant to 5.6.1 of this Article. An employee displaced by the re-bid shall be eligible to bid for any other vacancy in that year even if the employee had successfully bid earlier in the same year prior to being displaced. 5.8 Seniority Termination: Afl seniority shall terminate when an empioyee retires, resigns or is terminated. 5.9 Seniority Consolidation: Effective August 1, 1993, the job ciasses Custodian* and Facility Services Worker wil� he treated as a singfe job class for purposes of: 5.9.1 Layoff and recail rights determination, except for the limitations on rights to abolished titles as described in 5.3 of this Article. 5.9.2 Bidding on work location as described in 5.6 of this Article . 5.9.3 8idding on shift selection within a tocation as described in 5.7 of this Article. 5.9.4 Job assignment as determined by the Employer within any location . ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respecis in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budgat, utilization of technology, and organizational structure and selection and direction and number of personnel. C� 12 ��- �l� • ARTICLE 7. HOURS AND PREMIUM PAY 7.1 Definitions: The purpose of this Section is to provide a basis for computation of straight time, overtime, and other wage calculations, and nothing in this Article shafl be construed as a guarantee or commitment by the Employer to any individual emp{oyee of a minimum or maximum number of hours of work. 7.1.1 Week: A week shall consist of seven (7) consecutive days beginning at 12:01 A.M. on Monday and ending at 12:00 midnight the following Sunday. 7.1.2 Day: A day shall consist of twenty-four (24) consecutive hours beginning at 12:01 A.M. at the start of a calendar day and ending at midnight of that day. 7.1.3 Normai Work Schedule: The normal work schedule for employees covered by this Agreement shall consisi of forty (40) haurs or work scheduled on five (5) consecutive eight (8) hour workdays. The department head, with the concurrence of the Union, may modify the work schedule to consist of forty (40) hours of work schedufed on four (4) consecutive ten (10) hour workdays. The hours worked in a day shall be consecutive excluding any unpaid lunch period scheduled during the employee's assigned workday. The unpaid Iunch period may not exceed one (1) hour in length. � 7.2 Cali-In Pay: When an employee is called to work, the employee shall receive two (2) hours of pay at the employee's normal hourly pay rate if the empioyee reports to work as called and is then not put to work. If the employee is called to work and commences work, ihe employee shail be guaranteed four (4) hours of pay at fhe employee's normai hourly pay rate. These provisions, however, shail not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary employees nor to any person whose regularly-scheduled workday is less than four (4) hours per day. 7.3 Overtime: Work performed in excess of forty (AO) hours of work in a normal work schedule or eight (8) hours of work in a normal workday wiil be considered overtime. Overtime work shall be done only by order of the department head. Overtime shali be paid at the rate of one and one-half (1 -1 / 2) times the employee's current hourly pay rate. Employees assigned to work on four (4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of ten (10) hours in the workday. The overtime compensation due the employee shall be paid at the rate herein cited, or by granting compensatory time on a time and one-half basis if mutualiy agreed to by the District and the employee. �� 13 ��-�� ARTICLE 7. HOURS AND PREMIUM PAY (continued): 7.4 Pr�mium Pav for Shift Differential. Effective March 4. 1995: Any employee � who works on a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differential for the entire shift. The shift differential shail be five Percent (5%) oi the base rate, and shall be paid only for those late shifts actually worked. 7.5 Soeciai Dutv Pav: Employees assigned to work in the speciaf duty category of custodial worker shaii be paid at ninety percent (90%} of the rate paid for positions in the Custodian' job ciass. 7.6 Lonaevity Pav: Employees who have completed twenty (20) full-time equivalent years of service with the Employer shall receive an additional $.15 (15�j per hour above the normal hourly rate of pay, ARTICLE 8. lEAVES OF ABSENCE 8.1 Leave of Absence: After three {3) months of empioyment, an employee may make application for a leave of absence without pay or employer-paid benefits not to exceed one (1) year. Requests for leave of absence shall be submitted to � the Human Resource Department for consideration not less than sixty (60) days prior to the requested date of the leave. Granting of such leaves will be subject to the operationaf needs and approval of the Employer. 8.2 Sick Leave: Sick leave shaii accumulate for regularly appoinfed empioyees af Yhe rate of .0576 of a working hour for each full hour on the payroil, excluding overtime. In no case shall sick leave with pay be granted in anticipation of any future accumulation. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must call his/her supervisor to report the illness as described in 8.5 of this Article. 8.3 Using Sick Leave Credits: Any empioyee who has accumulated sick leave credits as provided above shall be granted leave with pay for such time as the appointing supervisor deems necessary for any of ihe following reasons: 8.3.1 Sickness or injury of the employee. 8.3.2 Death of the empioyee's mother, father, spouse, child, brother, sister, mother-in-law, Father-in-law, or other person who is a member of the household. 8.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the supervisor in the event of death of the employee's brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, or stepsister. � 14 9�- ��s �J ARTICLE 8. LEAVES OF ABSENCE (continued): 8.4 Employees may be granted sick leave for such time as is actualiy necessary for the following: 8.4.1 OHice visits to physic+ans, dentists, or other health care personnel. 8.4.2 In the case of sudden sickness or disability of a household member, up to four (4) hours for any one instance. Effective March 1, 1997, up to eight (8} hours may be used for any one instance. 8.4.3 Up to three (3) days of accumulated sick leave may be used in a contract year to allow the employee to provide necessary care for the serious o r critical illness of a spouse, or dependent parent. These days when used are deductible from sick leave, and verification of iliness may be required. r1 LJ 8.5 Requesting Sick Leave: No sick leave shaif be granted for the above reasons unless the employee reports to hislher supervisor the necessity for the absence no taterthan one (1) hour before hisJher regular scheduled starting time. For an employee whose shift begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by 10:00 A.M. The employee must call his/her supervisor on each day of the illness by the times specified, unless the requiremeni to call in is waived by the supervisor after verification of extended illness. Sick {eave will not be granted to any employee who does not properiy report the necessity for the absence, unless he/she can show to the satisfaction of the supervisor that the failure to report was excusable. Empioyees wili be required to provide medical verification of the illness at the discretion of the supervisor. 8.5.1 SiGk Leave - Medical Verification: Employees wiil be required to provide medical verification of the iitness at the discretion ot the supervisor, and especially noting the foliowing circumstances: ( 1) An employee who used more than ten (10) sick days per year is likely to be required to provide medical certification of illness. ( 2) Absences which refteet a pattern are likely to result in a medical certification requirement. Euamples: ( a) Frequent absences on Fridays and Mondays. ( b) Absences precedinglfoliowing recognized holidays. ( 3) Reasonable cause to suspect that sick leave is being requested inappropriately is likely to result in certification requirement. � After the end of every school year, there will be a review of the medical certification requirement for all affected employees unless the requirement has been in place less than nine (9) months. This review may or may not result in a change of the medical certification requirement. 15 ��,�i� ARTICLE S. LEAVES OF ABSENCE (continued}: 8.6 �ick Child Care: An employee who has worked for the District for at least � iwelve (12) consecutive months for an average of twenty (20) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shatl 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 Minn. Stat. § 181.9413 and shall remain available so long � provided in statute. 8.7 Family Medical Leave: Leaves of ahsence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as i t remains in force. The Human Resource Department provides procedures. 8.8 An employee shall be paid under the provisions of this paragraph only for the number of days or hours for which he/she wo�ld normally have been paid i f he/she had not been on sick leave. 8.9 No employee shall be granted sick leave with pay for treatment of chemical dependency more than twice. 8.10 Sick LeaveConversion: Sick leave accumulated in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (i) hour of vacation time, to a mauimum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] ho�rs) in any year. � 8.10.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time. 8.11 Maternitk/Parental Leave: Maternity is defined as the physicai state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event ot an employee's pregnancy, the employee may appiy for leave without pay at any time during the period stated above azxl the Employer may approve such leave at its option, and such leave may be no longer than one (1} year. Parental Ieave sfiall be granted to employees for the birth or adoption of a child in accordance with applicable state and federal laws. � 16 9�-�1� ARTICLE 9. MILITARY LEAVE OF ABSENGE • 9.1 Pay Allowance: Any employee who shatl be a member of the Nationai Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of ' pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant - to law, whether for state or tederal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that such leave shall be allowed onfy in case the required military or naval service is satisfactorily performed, which shali be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, o r (2) is prevented from so returning by physicai or mentai disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 9.2 Leave without Pay: Any employee who engages in active service in time of war o r other emergency declared by proper authority of any of the military or navai � forces ot the state or of the United States for which leave is not otherwise alfowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 9.3 Such leaves of absence as are granted under Article 9 sha{i conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statute. ARTICLE 10. COURT DUTY 10.1 Any employee who is required to appear in court as a juror or witness shail be paid hislher regular pay while so engaged, provided, however, that the employee is not appearing as a witness in litigation undertaken by the employee or the Union against the District; further, any fees that the employee may receive from the court for such service shali be paid to the Employer and be deposited with the District Office of Business and Finance. Any empioyee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as the employee is required to appear i n court as a juror or witness. • 17 ��- �li� ARTICLE 11. SEVERANCE PAY 1 1.1 The Employer shall provide a severance pay program as set forth in this Article. � 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: 11.2.1 The employee must be fifty-five (55) years of age or older or must be eiigibte for pension under the "Rule of 85" or the "Ruie of 9 0" provisions of the Public Emptoyees Retirement Association {PERA}. The "ftule of 85" or the "Rule oi 90" criteria shall also apply to employees covered by a public pension plan other than PERA. yy.2.2 The employee must be voiuntarily separated from School District emptoyment 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 nat eligible for this severance pay program. t 1.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unciassified Civit Service at the time of separation. For the purpose of this Article, employment in efther the City of Saint Paui or in Independent School District No. 625 may be used in meeti�g this ten (10)-year service requirement. 11.2.4 The employee must file a waiver of re-employment with the Director of Human Resources, which witl cieariy indicafe that by requesting � severance pay, the employee waives att ciaims to reinstatement o r re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 11.2,5 The emptoyee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 11.3 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-haif (1 /2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of $7,500. 1 1. 4 For the purpase 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. 11 .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 a separation of employment, and such transferee shaii not be eligibie for this severance program. � 18 ��-��s � J � ARTICLE 11. SEVERANCE PAY (continued): t i.6 The manner ot payment of such severance pay shall be made in accordance with the provisions of the Schooi District Severance Pay Plan aiready in existence. 11 .7 This severance pay program shafl be subject to and govemed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 11 .8 The provisions of this Article shall be effective as of January 1, 1984. 11.9 Any employee hired prior to December 31, 1983, may, in any eveni, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which aliows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Articie or the basic School District Severance Pay Plan shall constftute a bar to receiving severance pay from the other. Any empioyee hired aSter December 31, 1953, shall be entitled only to the benefits of this Article upon meeting the qualifications herein. ARTICLE 12. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the fo{{owing plan: PLAN A: Effective rate approved by the Board of Education or 28¢ per mile, whichever is greater. Effective December 1, 1996, the rate will be the current rate approved by the Board or 31¢ per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishi�g the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for ihe employee to keep a record of each trip made. � ARTICLE i 3. SUPERVfSORY ASSIGNMENT 13.1 An engi�eer who is assigned to supervise other employees will be at least one title higher in the series than the employees he(she supervises. 19 ��-`�t5 ARTICLE 14. WORKING OUT OF CLASSIFICATION 14.1 For purposes of this Article, an out-of-class assignment is defined as an � assignment of an employee to pertorm, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. 14.1.1 The Employer shatl avoid, whenever passible, working an empioyee on an out-oi-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days sha!! receive the rate of pay for the out-of-class assignment in a higher classification beginning on the sixteen (16th) consecutive working day of such assignment. The rate of pay far an approved out-of-ciass assignment shali be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 14.1.2 When an employee is assigned to fill in and cover the duYies of a higher ctassification for a period of time which dces not exceed tifteen (1 5) consecutive working days, the employee shall be considered a short-term crew leader and shail be eligible for premi�m pay under these stated conditions: a) Short-term crew leader is defined as the assignment of an employee to cover the significant duties and responsibilities of a � higher classification than the employee's own classification for at least one (1 } fu(i workday, and not more than fifteen (1 5) consecutive workdays. b) The premium pay shall be applicable only on student contact school days as shown on the District school year calendar, i n facilities where students are present. Summer school days are inc(uded only in facilities where officially scheduled and designated summer school programs are occurring. c) The premium pay shalt be applicable oniy for futi workdays of such assignment, not for a partial day. d) When an employee reaches 4he sixteenth (16th) consecutive working day of short-term crew leader assignment, the premium pay shall no longer be appiied and the employee shall be shifted to out-of-class assignment and paid under 14.1.1 above. There shai( be no retroactive pay adjustment or out-of-ciassification payment beyond the stated crew leader premium. � U F��: ��-�s � r� LJ C_� ARTICLE 14. WORKING OUT OF CLASSIFICATION (continued): e) Premium pay rates for the added responsibility of the short-term crew leader assignment are stated in a cents-per-hour formula above the employee's regufar hourfy rate as foilows: Premium Identification CL-A Assignment Descrpiion Assigned to cover duties one (1) class higher Assigned to cover duties two (2) classes higher Assigned io cover duties three (3) classes higher Assigned to cover duties four (4) classes higher Premium Amount $.20 per hour CL-B CL-C CL-D 21 $.30 per hour $.40 per hour $.50 per hour ��- ��1� ARTICLE 15. DISCIPLINE i 5.1 The Employer witl discipiine employees for just cause oniy. Discipiine wi(I be in the form of: 15.1.1 Oral reprimand; 15.1.2 Written reprimand; 15.1.3 Suspension; 15.1.4 Reduction; 15.1.5 Discharge. 15.2 A notice in writing of Suspensions, Reductions, and Discharges shall be sent to Yhe employee and the Union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 15.4 Employees may examine ail informafion in their Employer personnel file that concerns work evaluations, commendations and/or discipli�ary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges wilt be preceded by a five (5)-day pretiminary suspension without pay. During said period, the Emp�oyee and/or Union may request and shatl be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5}-day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 15.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 15.7 Employees who are suspended, demoted or discharged shall have the right to request thai such actions be cortsidered a"grievance" for the purpose of processing through the provisions of Article 2Q (Grievance Procedure); as an alternative option, such employee can request a review, consistent with Minn. Stat_ § 179A.20, Subd. 4. Once an employee, or the Union aciing in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall be subject to the grievance review procedures through Step 3 only. An employee who elects the contractuai grievance procedure as the forum for review of a disciplinary action has not thereby waived any rights secured to him/her under Minn. Stat. § 197.46, other than the choice of forum for review. � � � 22 9�- �s �1 � ARTICLE SECT{ON 1 1.1 The Employer will continue for the period of this Agreement to provide for active employees such health and lite insurance benefits as are provided by Employer at the time of execution of this Agreement. 1.2 Eligi6ility Waiting Period: Six (6) tull months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for heaith and fife insurance provided herein. 1.2.i Effective January 1, 1997, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for heaith and life insurance provided herein. Full-Time Status: For the purpose of this Section, fuii-time employment is detined as appearing on the payroll regularly at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.3 1.4 Half-Time Status: For the purpose of this Section, half-time employment is defined as appearing on the payroll regularly at least twenty (20y hours but tess than thirty (30) hours per week or at least forty (40) hours but less than ( 6 0) hours per pay pe�iod, excluding overtime hours. 16. EMPLOYEE BENEFITS ACTNE EMPLOYEE HEALTH WSURANCE � Regularly-scheduled hours are the daily hours which are specifically authorized . for the employee and assigned by the supervising administrator, and verified by the Human Resource Department, as the regular schedule. Occasiona! work time assigned in excess of the minimums stated in 1.3 and 1.4 shall not be construed as providing eiigibility for insurance premium payment. NOTE: Any empioyee who is regutarly scheduled for less than twenty (20) f u I I hours of work per five (5)-day week or who is scheduled irregularly is ineligibie for any benefits described in this Section. Nothing in this Agreement shal! be construed as a guarantee of any hours of work. u 1.5 EmRloyer Contribution Amount Full Time m{2loyees: Effective July 1, 1996, for each eligible employee covered by this Agreement who is employed full time and who selects employee i�surance coverage, the Employer agrees to contribute the cost of such coverage or $177 per month, whichever is less. For each eligible fuii-time empioyee who selects famiiy coverage, the Empioyer will contribute the cost oS sucfi family coverage or $305 per month, whichever is less. 1.5.1 Eftective January 1, 1997, for each eligible empfoyee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $185 per month, whichever is less. For each eligibie futl-time employee who selects family coverage, the Employer will contribute the cost of such famify coverage or $320 per month, whichever is less. 23 ��y�5 ARTICLE 16. EMPLOYEE BENEFITS (continued): 1.5.2 Effective January 1, 1998, for eaCh eligible employee covered by this � Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute ihe cost of such coverage or $795 per month, whichever is less. For each eligible f u I I- time empioyee who seiects fami(y coverage, the Employer w i I I contribute the cost of such family coverage or $330 per month, whichever is less. 1.6 Employer Contribution Amount--Half-Time Employees: For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each half-iime employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance pian. 1.6.1 Notwithstanding Section 1.6 above, employees covered by this Agreement and employed half time prior to January 1, 1978, shall receive the same insurance contributions as a full-time employee. This Section 1.6.1 applies only to employees who were employed half-time during the month of December 1977 and shall continue to apply only as long as such employee remains continuously employed half time. 1.7 Life tnsurance: For each eligible employee, the Employer agrees to contribute � to the cost of $50,000 iife insurance coverage. The total premium contribution by the Employer for ait life insurance coverage shali not exceed $11.10 per month. This amount shatl drop to $5,000 of coverage (in the event of earfy reYirement) until the retiree reaches age 65; then alt Employer coverage shall lerminate. 1.8 Flexible S ep nding Account: It is the intent of the Employer to maintain during the term of this Agreement a plan for medicai and child care expense accounts to be availa6le to employees in this bargaining unit who are eligibie for Employer-paid premium contribution for health insurance for such expenses, within the estabiished legal regulations and IRS requirements for such accounts. 1.9 The contributions indicated in this Section 1, shall be paid to the Empioyer's group health and welfare plan. 7.10 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Section shaii be paid by the employee through payroll deduction. � 24 9�- �is ARTICLE i 6. EMPLOYEE BENEFITS, Section 2. (continued): • SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFR Subd. 1 Required Conditions for Retirees (Age 65 and Over), Effective Juty 1, 1996 through June 30, 1997 1.1 Eligible and participating employees who retire on or after July 1, 1996, must meet the following co�ditions at the time of retirement to qualify for any continuing District contributions toward premium payment for heatth insurance at age 65 or over: 1.1 .1 Effective July 1. 1 996: Required conditions for empfoyee appointed to service in independe�t School Disirict No. 625 in a position within this bargaining unit prior to July 1, 1996: Eligib{e employees who were appointed to posRions within this bargaining unii prior to Juiy 1, 1996, and who retire on or after July 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. r� � 1.1.1.2 Employees retiring after July 1, 1996, must have completed the following service eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. A. Employees hired before January 1, 1987, must have temained conlinuously employed by the District. For such employees or early retirees who have not remained continuously employed by the District of completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). n LJ Employees hired on or after January 1, 1987, must have completed twenty (20) years of continuous employment with the District. For such employees or early retirees who have not compfeted at least twenty (20) years of service with the District at the time of their retirement, the Empioyer will disco�tinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). 25 ��-�(� ARTICLE 1 6. EMPLOYEE BENEFlTS, Section 2. (continued): Years of certified civil service time with the City ot Saint Paul eamed prior to July 1, 1996, will continue to be counted toward meeting the District's service requirement of this Subd. 1.1.12. Time worked with City of Saint Paul after July 1, 1996, will be considered a break in District empioyment. • 1.1.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School Oistrict No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.1.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District e�ense atter retirement. 1.1.1.5 The employee must make application through District procedures prior to the date of retirement in order to be e(igibfe for any benefits provided in this Section. 1.2 1.1.2 For employees appointed into service in Independent School District Na. 625 to positions within this bargaining unit after July 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age sixty-five (65) and over. Time worked in the City of Saint Paul prior to July 1, 1996, will not be treated as fndependent School District No. 625 time, for such employees. Retiree Age 65 and Over Healtfi Insurance: Employer Contribution Levels Effective July 1, 1996 through June 30, 7997 oniy For eligible empioyees who were hired and appointed into Independent School district No. 625 service prior to July 1, 1996, and who retire at agesixty-five (65) or later and who meet the health insurance eligibility requirements i n Subd. 1.1 or for early retirees who qualified under the conditions of Subd. 2.1 and who are eligible under the terms of the Medicare supplement policy provided in this Subd. 12, upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare Supptement health coverage policy selected by the District. This provision is effective oniv for employees hired into service in Independent School District No. 625 before July 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the TransiYional Plan in Article 7, Section 2, Subd. 3.1 of this Agreement following hereafter. This provision expires and is nuli and void after June 30, 1997. � . � 9�- yis C_� The employee must meet the foliowing conditions at the time of early retirement in order to be eligible for any payment of any insurance premium contribution by the Employer after his/her retirement (early retirement and subsequently after age sixty-five [65]): 2.1.1 Se receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): Subd.2 Early Retiree Provisions, Effiective July 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired before July 1, 1996 and eligible employees hired on or after July 1, 1996, who retire before June 30, 1997, and meet the required conditions below. 2.1.2 Employees hired into District service before July 1 1996, and retiring afiter July 1, 1996, must have completed the following service eligibility requirements with Independent SChool District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District atter retirement: � a Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service; or, � C The combination of their age and their years of service must equat eighty-five (85) or more; or, Must have completed at least thirty (30) years of service; or, D. Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. � Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but not for Suhd.2.1.2 D. ��'I �� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued}; CJ 2.1 .3 m lo s hired into District service on or after anua 1 1 , and retiring after July 1, 1996, must have completed twenty ( 2 0} years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year service requirement. 2.1.4 A retiree may not carry his/her spouse as a dependent if such spouse is atso an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or i n any other Employer-paid health insurance program. 2.1.5 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 2.1.6 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreement provide for employees who meet the eligibility requirements for health insurance in 2.1 above, who retire during the term of this Agreement, and untii such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single o r � family coverage by that carrier for an employee under this Agreement, i n his/her last month of active employme�t. in the event new carriers repiace those in place at execution of this Agreement, the doilar amounts being paid for single or family coverage to ihe carrier at the employee's date of retirement shall constitute the limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amaunt of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.3 Early Retiree Life Insurance: Employer Contribution Levels The District wiii provide for eariy retirees who qualify under the conditions of 2.1 above, premium contributions for eligible retirees for $5,000 of life insurance only urttil their 65th birthday. No life insurance will be provided, o r premium contributions paid, for any retiree age sixty-five (65) or over. � 28 �7- ��s ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): • Subd. 3. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1996-1998 term, it was the intent of the parties to develop a long-range plan tor retirement benefits which could be available to employees and managed by the District on a currentiy funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of ret+rement heafth insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range ptan for accomp{ishing that goal by providing current active employees with the choice of one of three aliernative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for hisfher retirement. in addition, the plan design provides for future employees; i,e., those hired on or after July 1, 1 996, the opportunity (after completing three [3] full years of consecutive active servicey to participate in a deferred compensation savings pfan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee i n financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). � Employees hired before July 1, 1996, and employees hired on or after July 1, 1996, who fulfill the specified following conditions tisted below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1.1 Se receiving pension benefits from ihe PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School Districi No. 625. 3.1 .2 Employees hired before July 1, 1996, must have completed continuous empfoyment requirements in Subd. 2.1.2. Employees hired and �pt�ointed into Independent School District No 62 service on or aft r July 1 1996 must have completed twenty 2(_0� years of continuous employment with Indenendent School Dis rict No 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked in City of Saint Paul will be counted only for rl Retiree premium contribution by the District for employees hired into Independent School DistriCt No. 625 service after July 1, 1996. lnsurance premium contribution for such empfoyees shall cease when the empioyee reaches age sixty-five (65). � 29 ��-Li�� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): 3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is • also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or i n any other Emptoyer-paid heaith insurance program. 3.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added af the District expense after retirement. 3.1.5 The employee must make appiication through District procedures prior fo the date of retirement in order to be eligible for any benefits provided in this SecYion. 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after July i, t996: 3.2.1 New employees hired on or after July 1, 1996, will after completing three (3) futi years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the Districi. Part-time emp(oyees working half-time or more will be eligible for up to one half (50°/,) of � the available District match. Approved non-compensatory leave shall not be counted in reaching the fhree (3) fulf years of consecutive active service, a�d shall not be considered a break in service. Time worked in the CiYy of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules goveming participation in the Minnesota Deferred Compensation Pian shaii apply. The employee, not the District, is solely responsible for determining his/her total maximum allowabie annual contribution amount under IRS regulations. THE EMPLOYEE MUST lNITIATE AN APPLICATION TO PARTICIPATE THROUGH THE DISTRICTS SPECfFIED PROCEDURES. 3.2.2 No employee hired on or after Juty 1, 1996, shail have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixiy-five (65) and over. Employees hired on or after July i, 1996, shail be eligible only for eariv retirement health insurance premium contribution as provided in Subd. 3.1. LJ 30 �i�- �/� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. {continued): � 3.3 Employees Hired into lndependent School District No. 625 service before July 1 , 1996. A choice among three (3) possible options is avai{able only to employees hired and appointed into Independent School Distriet No. 625 service before July 1, 1996. Oncethe employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are Iisted here, and detailed i n the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2- Minnesota Deferred Compensation Plan Option • Option 3- Transitional Severance Allowance Option 3.3.1 �uired Conditions for ALL Retirees effective July 1 1996. Eligible employees who retire on or after July 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District �, No. 625. 3.3.1.2 Employees hired before July 1, 1996, must have completed conti�uaus employment requirements in Subdivision 1.1.i.2 through Subdivision 1.1.1.5. Years of certified civil service time with the Gity of Saint Pau! earned prior to July 1, 1996, will continue to be counted toward meeting the DistricYs service requirement in this Subd. 3.3.1.2. Time worked with the City oS Saint Paul after July 1, 1996, wiil be considered a break in District employment. 3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent Schooi District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1 .4 Addftional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.3.1.5 The employee must make application through District procedures prior to the date of retirement in order to be • eligible for any benefits provided in this Section. 31 �?-`f l� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (confinued): 3.3.2 Ootion 1- Transitional Retiree Age 65 and Over Insurance O�tion � Conditions: • An employee who has earlier elected to participate in Option 2- Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change hislher original decision.� • An employee who elects at retirement to participate in Option 3- Transitiona! Severance AIlowance Option (3.3.4 below) is not eligible for this provision. • M employee who elects parficipation in this provision at retirement must irrevocabfy waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in Article 1 1, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before July 1, 1996, who retire at age sixty-five (65) or tater � and who are eligible under Subd. 3.3.1 of this Section and the terms of the policy provided in ihis Subd. 3.32, or for early retirees who qualified under the condifions of Subd. 3.1 above and who are eligib(e under tfie terms of the policy provided i n this Subd. 3.3,2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65j will not exceed: CoverageTvoe in i Famf�X Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month Af no lime shall any payment in any amou�t be made directly io the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in fulf by the retiree, o r coverage wiif be discontinued. � An employee is not excluded from this option by virtue of his/her participation in the Minnesota • Deferred Compensation Plan as an individual investor wfth no employer-paid matching funds. 32 �� yls C� ARTICLE 16 3.3.3 EMPLOYEE BENEFITS, Section 2. (continued�: Option 2- Minnesota Deferred Com�ensation Plan O�fion � � �� Effective July 1, 1997, employees hired before July 1, 1996, who have completed at least three (3) fuil years of continuous active service within Independent School District No. 625 can become eligible to participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Su6division). Time worked i n City of Saint Paui immediately prior to July 1, 1996, will be courrted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Qption 1- Transitional Retiree age 65 and over Insurance Option as provided in 3.3.2 above of this Subdivision. • The employee must irrevocably waive Option 3- Transitionaf Severance Allowance prior as provided under 3.3.4 (below) of this Subdivision. • The employee is not required to waive eligibility for Severance Pay provided in Article 11, Severance Pay of this Agreement. • The empioyee must initiate an application to participate through the DistricYs specified procedures. Matching contribution by the District can only occur so long as the employee remains in continuous active service in the District, and shall not exceed $500 per year, with a cumulative lifet+me maximum total of $12,500. Approved non-compensatory leave shalf not be considered a break in service and shall not be counted in completing the three ( 3) year requirement. Efigibte part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1!2) the annual match by the District. KB3 �-�l5 ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued}: 3.3.4 Option 3- Transitional Severance ANowance Option: • Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this spec'rfied Transitional Severance Allowance Option: i'HE EMPLOYEE MUST IRREVOCABLY WAiVE OPTION 1- TRANSRIONAL RETIREE A�E 65 AND OVER 1NSURANCE OP'fION AS PROVIDED IN 3.32 (ABOVE) OF THIS SUBDIVISION. An employee who has earlier elected to participate i n Option 2- Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her originai decision? The employee must have completed aY least twenty ( 2 0) full years of continuous active service in independent School District No. 625 (not including periods of non- compensatory leave). Time worked in the City of Saint Paul prior to July 1, 1996, wiil be counted toward meeting this eiigibility requirement. The employee must be voluntarily separated from District � employment. Those employees who are discharged f o r" cause, misconduct, inefficiency, incompetency or any other disc+plinary reason are not eligible for this Transitionai Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. The employee must be at least age fifty-five (55}, retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PER,4 or Saint Paul Teachers' Retirement Fund. The employee must have a minimum ot sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the fuil Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $7,500 of the Transitional Severance Allowance specified for that year of his/her retirement. 2 An employee is not excluded from this option by virtue of his/her participaitort in the Minnesota � Deferred Compensation Plan as an individual investor with no employer-paid matching funtls. 34 ��- �� ARTICLE 16. EMPLOYEE BENEFtTS, Section 2. (continued): � • The employee must elect to waive all severance pay described in Article 11, Severance Pay of this Agreement (for up to $7,500) in favor of this option. • The employee must provide to the District the required waivers and signed resignation by April 1 ofi the school year in which he/she intends to retire. Appeal of this deadline, based on emergency or extraordinary circumstances, will be considered by the District. • The employee must initiate application to participate through specitied District procedures. � 3.3.42 When application has been made, and all of the above conditions have been met, the employee will be deemed eligible for severance pay allowance equal to the le ser of one year's salary at hislher current salary or a maximum amount � prescribed herei�: For Retirements in Maximum Transitiona! School/Fiscal Year Severance Pay Ailowance 1996-97 $31,000 1997-98 $31,750 1998-99 $32,50� 1999-00 $33,250 2000-01 $34,000 2001-02 $34,750 20�2-03 $35,500 2003-04 $36,250 2004-OS $37,000 2005-06 $38,000 Such amount will normally be paid out according to District established procedures, in equal installments over five (5) years from the date of retirement; exception will be made in the event of the death of the employee; special o r emergency appeal for eariier payment will be considered by the District. • 3.3.4.3 There is no access to the benefits of this Option 3- Transitional Severance Pay AVlowance for the spouse or estate of an active employee who dies having not yet actually retired. A surviving spouse however mav be eligible for severance pay as provided in Article 11, Severance Pay of this Agreement. 35 ��-� i� ARTICLE 16. EMPLOYEE BENEFITS, Secfion 2. (continued): 3.3.4.4 At no time, and under no circumstances shall this Option 3- Transitional Severance Allowance Option be available to any person hired by ihe District into Independent School District No. 625 service on or affer July 1, 1996. This Option 3 - expires on June void. Transitionat Severance Ailowance Option 30, 2017, and wil! be thereafter null and 3.3.5 Choice of O tions: tt wiil be apparent to current employees that if Option 2- Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is ta be elected by the employee, that choice should be made at the earliest possible date, i n order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possibie selection of Option 1- Transitional Retiree l�e 65 and Over Insurance Option (Subd. 3.3.2) OR Option 3- Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly be ore actual retirement. Or�ce made, the decision is irrevocable. District Benefits Office wiil provide information upon request. 3.3.5.1 If state and federa! law permits, and the option remains availabfe from carriers, the District wiil afiow eligible retirees at age 65 who were hired into Independent School District No. 625 service before July 1, 1996, and who have completed the requirements in Sabd. 3.3.1, to continue on a seif-paid basis, to participate in the retiree group pian for Medicare supplement then made available by the District. The retiree must make appiication pursuant to District procedures, and must have or obtain Medicare Part B coverage at his/her own expense. No monetary contribution to premium cost or medical costs of any kind will be made by the District. The retiree will be responsible for the timeiy payment of premiums, and failure to do so will result i n discontinuance of the coverage and the option to participate. � � � LJ cI. ��- �S ARTICLE 17. HOLIDAYS � 17.1 Holidays Recognized and Observed: The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriaf Day independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two Floating Holidays (Effective July 1, 1996 through December 6, 1998) Eligibfe employees shatl receive pay for each ot the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shail fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday • the following language shall apply. Whenever any of the holidays listed above fall on the first day of an employee's two (2) consecutive days off following that employee's normal work week, the last day of the employee's normal work week preceding the holiday will be observed as the holiday. Whenever any of the holidays iisted above fall on the second day of the employee's two (2) consecutive days off following that employee's normal work week, the first day of the employee's normal work week following the holiday will be observed as the holiday. 17.2 The floating holidays set forth in Section 17.1 above may be taken at any time during the calendar year, subject to the approval of the department head of any employee. Effective December 7, 1996, the two (2) days of floating holiday are converted into vacation as part of the vacation accrual formula in Article 18.1 . Any tloating holidays recorded between December 7, 1996, arid the adoption of this Agreement will be converted and deducted from accred vacation. 17.3 Eligibili�r Requirements: In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six (6) working days of the �i�e (9) working days preceding the holiday or an employee's name must appear on the payroll the last working day before the hotiday and on three (3) other working days of the nine (9) working days preceding the holiday. ln neither rase shali the holiday be counted as a working day for the purposes of this Section. I t is further understood that other employees not otherwise eligible shall not receive holiday pay. � 37 ��'� �� ARTICLE 17. HOLIDAYS (continued): 17.4 If art employee entitled to a holiday is required to work on Martin Luther King, • Jr. Day, Presidents' Day, Columbus Day or Veterans' Day, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as is reasonable; the specific date shall be determined by agreement between the employee and the operations coordinator, subject to approval of the department head; m He/she shall be paid on a straight-lime basis for such hours worked, in addition to his/her regular holiday pay, if an emp(oyee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granied compensatory time on a time-and-one-hal( basis or by being paid on a time- and-one-hatF basis or such hours worked, in addition to the regular hotiday pay. 17.5 Notwithstanding Article 17.3, effective January 1, 1991, a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (67) consecutive workdays. Temporary employees shall not be eligible for any fioating hoiidays, except for an Extended Service Temporary employee as provided in Article 4.3.3.3. . � 38 I �J /'/ �� ARTICLE 18. VACATION 18.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Vacationaccrual rate effective July 1. �996 through December6 1996: Years of Service ist year through 4th year Sth year through 9th year 10th year through l5th year 16th yearthrough 23rd year 24th year and thereafter Hours of Vacation .0385 .0577 .0654 .0808 .1000 Vacation accrual rate effective December 7 1 996: � Years of Service 1st year through 4th year 5th year through 9th year 10th year through 15th year 16th year through 23rd year 24th year and thereafter Hours of Vacation .0462 .0654 .0731 .0885 .1 077 18.2 Effective July 1, 1995, the head of the department may permit an employee to carry over into the next "calendar' year up to one hundred twenty (120) hours of vacation. 18.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section i, Subd. H. 18.4 Sick Leave Conversion: Sick leave accumulated in excess of 1,440 hours may be co�verted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a iotal of forty [40j hours) in any year. 18.4.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time. � 39 ��-��5 ARTICLE 19. UNIFORMS 19.1 Employees in this bargaining unit are required to wear uniforms when on duty. � Uniforms will be supplied as follows: The District will initially provide each employee (or newly appointed employee) with five {5) shirts or five (5) smocks. Each year thereafter, Yhe District wil! provide employees with three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested and received the initial five ( 5) shirts or five (5) smocks prior to implementation of this provision will be considered already initially supplied. 19.2 Uniform shirts will be worn at a(I times when school is in session including summer school, andlor whenever the school building or site is scheduled through usual procedures for use by the public. During school vacation periods the uniform shirt will be optional. However, for empioyees who choose to not wear the uniform shirt during school vacation periods, the standard dress rules are i n effect, Uniform shirts are to be worn only while at work, and en route. The employee is not to wear the uniform shirt during persona! events and aci+vities, work outside the School District, or incidental stops at places selfing on-sale liquor, or other such pfaces not consistent with the image of the School District. 19.3 Each employee is responsible for laundering, pressing, and making minor repairs, such as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair during the course of duty, it will be replaced at no cost to the employee when the damaged shirt is returned to the District. Normal wear � will not be considered for replacement except through Yhe annual cycie. The District will attempt to provide the repfacement shirts at fhe beginning of each schooi year. 7 9.4 Safety Shoes: The District agrees to pay thirty dollars ($30) per year toward the cost of safety shoes required by the Employer and purchased by an employee who is a member of this unit, under the following conditions: 19.4.1 The District sfiall contribute toward the cost of one (1) pair of shoes per contract year and shall not be responsible for any additional cost of any additiona! shces hereafter. Y 9.4.2 TF�is reimbursement of thirty dollars ($30) shall be made only after verification of expenditure and approval by the Department head or designated supervisor of the employee. 19.4.3 This thirty dollars ($30) Employer contribution shall apply only to those employees who are required to wear protective shoes or boots by the Employer, and the contribution shall not exceed the actual cost of such shoes or boots. C I 40 '/ //�! � ( � ARTICLE 20. GRIEVANCE PROCEDURE � 20.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulat+ons as the grievance representative ot the bargaining unit. The Union shail notify the Employer in writing of the names of the stewards and of their successors when so named. 20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is fimited by the job duties arxl responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shalf suffer no loss of pay when a grievance is processed during working hours provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental io the work programs of the Employer. 20.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discip{inary action as provided by Article 7, for the processing of grievances, which are defined as an atleged violation of the ferms and conditions of this Agreement. A grievance shall be resolved i n conformance with the following procedure: Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the empfoyee's satisfaction by the informal discussion, it may be reduced to writing and referred . to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section{s) of the Agreement violated, and the relief requested. Any aileged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance shall be considered waived. At this step only, an e�ension of seven (7) additional calendar days shall be granted automatically if requested by the Business Representative or steward. Ste� 2: Within fourteen (14) calendar days after receiving the wri4ten grievance, a designated Employer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, es a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within fourteen (14) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within fourteen (14) calendar days following receipt of the Employer's answer shali be considered waived. Ste : Within fourteen (14) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor sha{I meet with the " Union Business Manager or designated representative and attempt io resolve the grievance. Within fourteen (14) calendar days following this meeting, the Employer shaA reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance � not referred in writing by the Union to Step 4 withi� fourteen (14) calendar days fol{owing receipt of the Employer's answer shall be considered waived. 41 ��.�r� ARTICLE 20. GRIEVANCE PROCEDURE (continued): Sten 4. If the grievance remains unresotved, the Union may within fourteen ( i 4) � calendar days after the response of the Employer in Step 3 by writien notice to the Employer, request arbitration of the grievance, The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within fourkeen {14) calendar days after notice has been given. !f the parties fai! to mutually agree upon an arbiirator within the said fourteen (14)-day period, either party may requesf the Bureau of Mediation Services to submit a panel of five {5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. The Union shall strike the first (1st) name; the Employer shalt then strike one (i) name. The process will be repeated and the remaining person shall be the arbitrator. 20.4 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shati have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shalf be submitted in writing within thirty {30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shall be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of fhe grievance presented. The decision of the arbitrator shall be � final and binding on the Empioyer, the Union, and the empioyees. 20.5 The fees and expenses for fhe arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shalt 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. 20.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 20.7 It is understood by the Union and the Employer Yhat if an issue is resolved at any step by this grievance procedure, that issue shall not again be submitted for review under the provisions of fhe Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and resolved at any step by the grievance procedure under the Civil Service Rules and Regulations, It shail not be submitted for review and arbitration under procedures set forth in this Article. � 42 97- �iS ARTICLE 21 . WAGE SCHEDULE � 21.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. ARTICLE 22. STRIKES, LOCKOUTS, WORK {NTERFERENCE 22. i The Union and the Employer agree that tfiere shall be no strikes, work stoppages, slowdowns, sit-down, stay-in or other canaerted interference with the Employer's business or affairs by said Unions andfor the members thereof, and there shafl be no bannering during the existence of this Agreement without first using aii possibfe means of peacefui settlement of any controversy which may arise. � ARTICLE 23. NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. � 43 ( �? - `{ r''J ARTiCLE 24. TERMS OF AGREEMENT 24.1 omplete Q�rgement aM Waiver of Bargaining: This Agreement shall represent the complete Agreement between the Union and the Empioyer. The parties acknowledge that during the negotiations which resuited in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the compiete understandings and agreements arrived at by the parties after the exercise of that right arxi opportunity are set forth in this Agreement. Therefore, the Empfoyer and the Union, for the life of this Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shail not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savinqs Clause: This Agreement is subject to the taws of the United States, the State of Minnesota, and the City of Saint Paui. In the event any provision oi this Agreement shatl hold to be contrary to law by a court of competenf jurisdiction from whose finai judgment or decree no appeal has been taken within the time provided, such provision shafl be voided. Aif other provisions shall continue i n tuli force and efiect. 24.3 Terms of Agreement: Except as herein provided, this Agreemeni shall be efteciive as of July 1, 1996, and shall continue in full force and effect through the 30th day of June 1998, and shal! be automatically renewed from year to year thereaHer unless eiiher paRy shall notify the other in writing at least sixty (60) days before the termination of this Agreement that it desires to modity o r terminate this Agreement. In witness thereof, the parties have caused this Agreement ro be executed as signed and dated tseiow. 24.4 This constitutes a tentative recommended by the District subject to the approval of ratification by the Union. WITNESSES: INDEPENDENT SCHOOL DISTRICT INTERNATIONAL tJNtON OF OPERATING ENG ERS L CAL O. 70 � l Business Manage , ocal No. 70 � Local ��`�"��a % Agreement between the parties which wil! be Negotiations and Labor Relations Manager, but is the Board of Education, and is also subjeci to cniet steward, tocai iVo. 70 -�r?// �I,Q' / ��7 Date ' 44 i � • f� s � �ss7 Date ��-�� • APPENDIX A: WAGES � L� ��-`�l� APPENDIX A: 1996-97 WAGES The hourly wage rates and salary ranges for ciassifications in this unit are effective • July 1, 1996, as ioilows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Probationary Rate Facility Services Worker $10.00 Custodian' Custodian (Light Duty)* Trainee (Custodian-Engineer) Probationary Rate $13.57 After Years $10.64 nr $8.36 Probationary 8ase Rate at $17.36 $18.23 16.76 17.67 16.22 17.13 15.8'I 16.71 15.48 16.15 Base Rate $10.50 Base Rate $14.61 After 5 Years $1 D.99 After 6 Months $9.62 S Aiter 1 year $11.30 After 2 years $12.00 After After 10 15 Years Years $11.21 $11.46 After After 1 Year 18 Months $10.94 $12.25 Personnel hired for employment with the District after the date of the signing of this Agreement, to a ciass of positions listed in Appendix A above, shall be campensated at the "Probationary RaYe" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the posRions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourly wage rate, notwithstanding that the employee must complete a promotionai probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the classification in which they are employed. 'Abolished except as to present incumbents. r ' �_ A1 ��- �r� CJ ❑ �� APPENDIX A: 1997-98 WAGES The hourty wage rates and salary ranges for cfassifications in this unit are effective .lu(y 1, t997, as follows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Probationary R�t� Facility Services Worker $70.20 Custodian' Custodian (Light Duty)` Trai�ee ( Custod ian-E ng ineer) Probationary Rate $13.98 After ars $10.96 Probationary Rate $17.88 1726 16J0 16.28 15.95 Base � $10.71 Base Ra e $18.78 18.20 17.64 17.21 16.63 After 1 vear $11.64 After 2 years $12.36 Base Rate $15.05 After After After 10 15 5 Years Y��,�rs Years $11.32 $11.54 $11.81 After qfier n r �RLhs_ 1 year $8.55 $9.91 $11.27 After 18 Months $12.62 Personnei hired for employment with the District after the date of the signing of this Agreement, to a class of positions tisted in Appendix A above, shali be compensated at the "Probationary Rate" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from a�y of the positions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourfy wage rate, notwithstanding that the employee must complete a promotional probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the classification in which they are empioyed. *Abolished except as to present incumbents. A2 ��-�f�5 MEMORANDUM OF UNDERSTANDING BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 REGARDING EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVECE This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 625, and International Union of Operating Engineers LoCal No. 70, exclusive representative for custodiai service empioyees in the Saint Paul Public Schools. The purpose of this Memorandum of Undersianding is to state clearly the intent of the parties regarding procedures which will be used to call and/or assign employees in the uniY for overtime work during the term of the 1996-98 Labor Agreement. These procedures shall become effective beginning with the first full month after the Board of Education adoption of the 1996-98 Labor Agreement. Renewal, revision, or continuation of this Memorandum of Understanding wili occur only if the parties so agree. Absent such agreement, this Memorandum of Understanding terminates June 30, 1998. Section 1: Qualified Employees A qualified person for all provisions of this policy is a regular full-time custodian or facility services worker, or custodian-engineer who holds the appropriate license for Yhe task, and has demonstrated satisfactory job performance. 1.1 An employee who has specified physical restrictions which impair his/her ability to perform a particutar overtime task will not be assigned the overtime; for purposes of calling order he/she will be considered, however, as having worked that overtime. Section 2: Overtime Within a Building Employees assig»ed to a particular building will have the first opportunity to work overtime in that building. Persons who are interested in working overfime in the building will be required to sign in advance. The employees will be placed on a list in order of District seniority. When a need for overtime arises, the quafified most senior employee on the list will be called first unless the employee has already worked overtime in that fiscai year. If the qualified most senior employee has already worked overtime in that fiscal year, the next qualified empbyee on the list will be called until ail empioyees in the buiiding have worked overtime. When all employees have worked overtime, the process wil! be repeated. When an employee is asked to work overtime in the building and refuses, he/she will be considered as having worked that overtime. I f there are rro employees in the building who want to work overtime, then the overtime shalf be classified as District overtime and disiributed as described below. 2.1 When an employee is newiy assigned to a bui(ding, hislher overtime eligibility history for that location will be deYermined by assigning to him/her fhe average of overtime hours credited to date for all affected employees in that location (average of hours worked and/or refused). C� � 2.2 The overtime history of each employee will be carried over from year to year in each building for that buiiding. . 9�- ��S Seetion 3: District Overtime � When there is District overtime work to be done on a planned basis (i,e., it is of a non-emergency nature), regular employees assigned as relief staff will have the f i rst opportunity to work the overtime. Qualified relief staff members wiil be contacted for the overtime work i� seniority order (i.e., most senior first) unless the employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she wilt be considered as having worked that overtime assignment. If there are not sufficient qualified relief staff employees available, qualified employees Iisted as availa6le for emergency call out will be called by � the same procedure. Effective July 1, 1997, the assigned relief staff will no longer have first opportunity to work District overtime. In September of each year Facility Operations will aflow people interested in working District overtime to sign up to be calied. The most senior employees in one of three groups, 1) Facility Services WorkerlCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for overtime needed in the group based on seniority order, unless employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she w i I I be considered as having worked that overtime assignment. If there are not sufticient qualified relief staff employees availabie, qualified employees tisted as availabie for emergency call out will be called by the same procedure. Section 4: Mandatory Overtime The District retains the right to institute mandatory overtime if there are inadequate • volunteers to meet District needs. The mandatory system requires that the least senior empioyee who has not worked overtime will be required to work first and so forth. Should mandatory overtime become necessary, employees who have voluntarily worked overtime will be credited with the hours they have previously worked. Seetion 5: Emergency Call Outs This Equalization of Overtime Memorandum does not apply to emergency call outs requesting that overtime be worked. A qualified employee who is willing to accept emergency overtime assignment immediatefy upon notification may ask to be listed � available. The District will not list an employee for emergency call out if the employee has refused overtime work several times, or is not qualified. The District, in assigning emergency cafl out, wili do so as equitabiy as circumstances permit. 5.1 The District will periodically provide to the Union a copy of the emergency call-out list, and a tally of time worked. , Section 6: Overtime Resulting from BuildinglProgram Moves Overtime resulting from moving a program or a staff/student population from one buildingllocation to another will be treated as building overtime for staff in the location from which the move originates. ti more overtime workers are needed than the originating location can supply, the District overtime procedure will be used to secure � additional workers. 2 ��1� Section 7; Grievance Process An alleged violation of these procedures can be presented to the Employer by the Union for • review under the grievance procedures of the labor co�tract through Step 3, as the finai appeal. Step 3 review is at the ievel of the Superintendent of Schoo(s, or his designee: This Memorand�m of Understanding shatl be effeciive with the first fuil month after Board of Education approval, and shalf expire on June 30, 1998. INDEPENDENT SCHOOL DISTRICT INTERNATIONAL UNION OF OPERATING NO. 625 ENG RS LOCALD 70 � Ne� ti�jions/La�af�t� i s Manager Busi�ess Manager i No. 70 // ( / � � . Mgr. �n � Chair, �ard of Education o President, L al No. 70 - � �� s � s� 7 ��- _ Date Recordinp SeclEtar� Local No. 70 � Ghief Steward, Local No. 70 • ^�/c�/J• 0 /Y�1 � Date • 3 9�� 1� i BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 MEMORANDUM OF UNDERSTANDING REGARDING EfVGiNEER 2-5 BIDDING � Bidding for location Custodian Fngineer 2 5 Positions: This bidding process for Custodial Engineer 2-5 employees will be piloted effective February 4, 1997, and will continue for the duration of the 1996-98 contract, and wilf not be automaticatly extended as part of any successor agreement. The Office of Facility Operations wiil post a listing of vacant positions in the job classes Custodian-Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the locations of the vacancies. Employees who have been certifiied and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bidding wili be only open to employees who have successfully completed ihe probationary period and have satisfactory or higher performance ratings for at least the preceding year, Bids for assignments will be honored in order of class seniority in that job class providing the employee is qualified. This process requires that all Gustodial Engineer 2-5 employees who bid be able to satisfactorily perform the full range of duties at the bid location from the onset. With the rights to bid in this pilot process �mes the responsibility to fully assess the requirements of the location where helshe would bid and the strengths and weaknesses that he/she may have. a) Vacancies in the specified job dasses during the school year w i i l be posted for bidding as they occur. � b) A Custodian-Engineer 2 who is assigned to evening shift must complete one (1) year as an Engineer 2 before having the right to bid. • If the Custodian-Engi�eer 2 assigned to evening shift bids on another evening shift and is reassigned as a resutt of this bidding process he/she is not eligible for any further bidding for one (1) year. • lf the Custodian-Engineer 2 assigned to evening shift is reassigned to a day shift as a result of this bidding process helshe is not eligible for any further bidding for two ( 2) years. • ff the Custodian-Engineer 2 assigned to day shift is reassigned as a result of this bidding prvicess he/she is not eligible for any further bidding for two (2) years. • An employee whose shift is changed significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again without waiting the full two (2) years. � -`� � S c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a result of this bidding process is not eligible for any further bidding for three (3) years. M employee whose shift is dianged significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again without waiting the full two (2) years. d) Nothing in ihis provision shall be construed to limit the right of fhe Employer to transfer an employee to another location without bidding if there is reason to do so. e) There wiil be no bidding assignments in new buildings. Custodian- Engineer vacancies in new buildings wiil be iisted only to allow emptoyees in that job class to express interest in being considered by submitting a letter to the deoartment head, INDEPENDENT SCHOOL DISTRICT INTERNATIONAL UNION OF OPERATING EN ERS LOCAL N. 70 ��.,�� Business Manager, L No. 70 ient, ocal No_70 /J _ C1inr�r�i�z. din Secret , La � � Steward, Local No Local ��e�� 70 .�— ��/l. �,Y /rrs � ' Date ' � • � 2 �� s� isy7 Date Council File # 97 �/ � ,__�-- Presented Referred To RESOLUTlON Green Sheet # 35891 - INT PAUL, MINNESOTA /Q � � Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1996 through June 30, 1998 Labor Agreement between the Independent School District No. 625 and International Union of Operating Engineers Loca170. Requested by Deparnnent of: Office of Labor Relations BY� _-�� Form Appro ed by City Attorn B � � �� Adoption Certified by Council Secretary By: % V \�� 1`�^!V-��_ Approved by Date ��`�\��_ "� By: �. �,P \ Approved by�r Submissio to Council By: � U� Adopted by Council: Date �n�A� 3�� '� ' C DEPARTMEYIT/OFFICFICOUNCD.: DA7E INITL4TED GREEN SHEET / �No.:35891 LABOR RELATIONS April 1,1997 � � �� f CONTACf PERSON & PHONE: p II'ffiAi/nnTE INITTni/De'PE �� 7ulie Kraus 266-6513 ,�� 1 DEPAR7MENT DIR � a crrr courrcn, 7�Q�Mggg 2 CITY A7TORNEY � C1TY C:LERK MUSf BE ON COUNCII. AGENDA BY (DATL� �R BUDCET DIIL FIN. & MGT. SERVICE DIIt ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES i (CLIP ALL IACATTONS FOR SIGNATURL� acrtox�irnsrEn: This resolution approves the July 1, 1996 through June 30, 1998 Labor Agreement between Independent School District No. 625 and Internationai Union of Operating Engineers Local 70. RECOMMENDATTONS: App�ove (A) ar Rejed (R) YERSONAL SERVICE CONTRALTS MUSf ANSWER THE FOLLOWING � QURSTIQNS: _PLANNINGCOr4llSSION CIVII.SERVICE COMR4SSION 1. HastLispasonRumevawa�kedundca�forihiedepattmat? CIBCOMD�IlTfEE Yes No STAFF 2. Hasttispaam/S�¢ievabemacilyemployce? DIST'RICT COURT Yts No sorroxTS wFncx cou[aca os�c�nvE� s. nxsm��m �a�u ms�urr�bv�r ��r �m�m�T Yes No Ezplalo a➢ya answen on aepat�fe aLeet aud adach to =reen s6eet Il�7'FIATING PROBLEM, ISSUE, OPPORTUiVITY �Vdo, Whaf, W6en, Where, Why): ADVANfAC&SIFAPPROVED: � ` �. "t�.d' This resoluCion pertains to Boazd of Education employees only. �� ' �—�' �� __ APR � Q 1 1997 �,3 � DISADVANTAGES IF APPROVED: DISADVpNTpGESIF NOT?,.�PROVED: , TOTAL AMOUNT OFTRANSACfIUN: COST/REVENUE BUDGETED: FUNDING50URCE: AGTIVITYNUhiBER: RECEI��U FINANCIAI. TNFORMATION: (F.XPLAIN) AQR 0 3 1997 f7RYQR'S iN'H(;� 97= �is INQEPENDENT SGHOOL DISTRlCT NO. 625 BOARD OF EDUCATfON SAINT PAUL PUBLIC SCHOOLS DATE: February 3, i987 TOPIC: Approvai of 1996-98 Labor Agreement, 1996-98 Memorandum of Understanding regarding overtime; 1996-98 Memorandum of Understanding regarding bidding, and 1996-98 Memorandum of Understanding regarding training with Intemational Union of Operating Engineers (I,U.O.E.) Locaf 70 exclusive representatives for custodial service employees A. PERTINENT FACTS: 1. The term of the contract is from July 1, 1996 through June 30, 1998. 2. Contract changes include the following: The titles were changed to reffect Arabic numbering and delete the former Roman numerafs. Obso4ete language and dates were deleted and updated throughout the contract. SENIORITY: The se�iority language in Article 5.6.3 was amended to delete building seniority ianguage and reflect current use of dass'rfication seniority. Additionaity, new language in 5.6.4 describes the procedures for cases where afull-time position is eliminated and tfie emp4oyee is p{aced in a position with a starting time more than two hours different than his/her originai position. SICK LEAVE: Effective March 1, 1997, in case of sudden sickness or disability of a household member, up to eight hours may be granted for any one instance. The language from section 8.6.1 was moved and renumbered to 8.4.3. SEVERANCE: The eligibility requirement in this Article was changed from 58 to 55 years of age. IM LEAGE The language was updated to refleet the current mileage rates approved by the Board of Education. iNSURANCE Retiree Healfh Msurance: The new transitionat Retiree Heafth insurance language wili be inserted as agreed. This includes the new deferred compensation option, transitional severance allowance optian or stated employer contribution limits on retiree heaith insurance for retirees who reach age 65 and older. All options have specified eligibility criteria 9�- �Js Empioyment Agreement fior intemational Union of Operating Engineers Local No. 70 INSURANCE (continued): February 3, 1997 Page Two Active Employee Heakh insurance: This articie was completely rewritten to coordinate the transitional retiree insurance language and prov+de a more readabie article. Effective January 1,1997, the waiting period for eligibility will be three morrths of active service. Effective July 1, 1996: Heatth insurance premium coMritrution by District increases to $177 per month for single coverage or $305 per month Sor family coverage. Effective January 1, 1997: HeaRh insurance premium contribution by District increases to $185 per month for single coverage or $320 per month for tamiry coverage. Effective January 1, 7998: Health insurance premium contribution by District increases to $195 per month for single coverage or $330 per month for family coverage. Life Insurance: The amount of I'rfe insurance for eariy retirees prior to age 65 was amended from $10,000 to the standard District amount of $5,000. HOLIDAYS: The two fioating holidays will be converted into vacation days effective December 7, 1996. The vacation tormuta is increased to retlect the additionai two days. Any ftoating holidays used between December 7, 1996, and the finai approval by Board of Education wiii be deducted from accrued vacation. There is no net change in the total number of days availabie. A ES: The satary rates are on the attached sheets. Effective Juty 1 1996: The Facility Services Worker c{ass'rfication was restructured to provide the ability to work alone in buildings wfth pubiic contact and to lock up. The hourly rate for the Facility Services Worker title was bargained to reflect this change in responsibilfties. The salary rates for other titles will be increased by 2.25%. EffecFrve July 1, 1997: The Faciiity Services Worker rates ai Step 1 and 2 wi0 be increased by 2%. All other rates will be increased by 3%. 3. MEMORANDA OF UNDERSTANDING: . A Memorandum of Understanding has been developed between the District and the Union which deariy states the overtime Call procedures, and amends the procedures to simptify the process. The Memorandum of Understanding vdll be an appendix to the contract book. Atfeged violations wilf be grievable under the crontract grievance procedures to the Superintendenfs level as the final step. This Memorandum of Understanding is effective July 1, 1996 through June 3�, 1998 Engineer 2-5 6idding: The Memorandum ot Understanding regasding bidding rights for Custodian-Engineer 2-5 empfoyees wiil be an appendix to the contact book. This Memorandum of Understanding is a pilot project that wiil be effective February 4, 1997 through June 30, 1998. ��15 Employment Agreement for Intemational Union of Operating Engineers Local No. 70 MEMORANDA OF UNDERSTANDING (continued}: Trainin� Premium (Not Inc{uded in Labor Agreement): February 3, 1997 Page Three The training premium for Gustodian-Engineers 2-5 is renewed through June 30, 1998. This memorandum establishes the conditions for Custodian-Engineer 2-5 emptoyees to take advanced Vaining on their own time and establishes the premium payment scheduled for successful completion of the training. The amount ot the training premium is not increased. 4. 7he Distdct has 265 regular employees in this bargaining unit. 5. This request is submiited by Richard Kreyer, Negotiations/Labor Reiations Manager, Patrick Quinn, Executive Director, Plant Planning and Maintenance; 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 and Memoranda ot Understanding concerning the terms and conditions of employment of those custodiaV service empioyees in this schoof district for whom the intemational Union of Operating Engineers (I.U.O.E.) Local No. 70 is the exclusive representative. Duration of the Agreement is for the period July 1, 1996 through Jurte 30, 1998. Duratior� ot Memoranda of Understanding are as indicated therein. ��- �/s i 1996 - 9S LABOR AGREEMENT between SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 � � INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 70 Term: July 1, 1996 through June 30, 1998 s � j �f� p�� d� �� PUBLIC SCHOOLS LlFELONG LfARNING � �� PUBLIC SCNOOLS �IFELONG LEARNING SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Direcior Becky Montgomery - Treasurer Administration: Curtnan L. Gaines Maureen A. Flanagan Wiitiam A. Larson Lyle Baker, Interim Cy R. Yusten - Superintendent of Schools - Executive Assistant Superintendent of Schools - Assistant Superintendent Fiscal Affairs and Operations - Assistant Superintendent Planning and Support Services - Assistant Superintendent Teaching and Leaming i �� 9?- �� CONTENTS r LJ A TI LE TITLE � i Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 1�. Article ii. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Articie 18. Article 19. Article 20. Article 21. Article 22. Article 23. Artic{e 24. Appendix A Recognition ..................................................................................................1 Definitions ................................................................................................... 2 Union rights ................................................................................................3 Temporary Employment ..............................................................................5 Seniority ..................................................................................................... 8 Management .................................................................................... t 2 Hours And Premium Pay ........................................................................... i 3 LeavesOf Absence ...................................................................................... i 4 Military Leave Of Absence ......................................................................... i 7 Court Duty .................................................................................................1 7 Severance ...........................................................................................1 8 Mileage ......................................................................................................1 9 Supervisory Assignment ...........................................................................i 9 Working Out Ot Classification ...................................................................20 Discipline ..................................................................................................2 2 Employee Benefits .....................................................................................23 Holidays .....................................................................................................3 7 Vacation .....................................................................................................3 9 Uniforms ...................................................................................................4 0 Grievance Procedure .................................................................................41 Wage Schedule ...........................................................................................4 3 5t rikes, Lockouts, Work Interference ......................................................4 3 Nondiscrimination .....................................................................................4 3 Terms Of Agreement ..................................................................................4 5 W� ................................................................................................A1 - A2 MEMORANDA OF UNDERSTANDING � Equalization of Overtime Engineer 2-5 Bidding �� i�-�� 1�_J � PREAMBLE This Agreement is by and between Independent School District No. 625 and Locai Union No. 70, Intemational Union Of Operating Engineers, AFL-CIO. Tfiis Agreement has been entered into between fndependent School District No. 625, hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter re(erred to as the Union. This Agreement has as its purpose, the promotion of harmonious relations behveen the Employer and the Union, the establishment of an equitable and peacaful procedure for the resolution of differences and the estabfishment of raies of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objeetives in full compiiance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � ��-�js� ARTICLE 1. RECOGNITION • 1.1 The Employer recognizes ihe Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours, and other conditions of employment for all of its employees as outli�ed in the certification by the State of Minnesota 8ureau of Mediation Services under Case No. 73-PR-449-A, � amended, to read as toilows: All regular, probationary, and provisionaf engineering and building maintenance personnel who are employed by Independent School District No.625, and whose employment service exceeds the lesser of 14 (fourteen} hours per week or thirty-five percent (35°/a) of the normal workweek and more than sixty-seven (67) workdays per year i n the following classifications: Custodian-Engineer 5, Board of Education, Custodian-Engineer 4, Board of Education, Custodian-Engirteer 3, Board of Education, Custodian-Engineer 2, Board of Education, Custodian-Engineer 1, Board of Education, Facility Services Worker, Trainee (Custodian-Engineer) Custodian', Custodial Worker*, Custodian (Light Duty)'; • excfuding supervisory, managerial, clerical, confidential, and temporary employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shafl be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. 1.3 Temporary employees are recognized as within the unit covered by this Agreement, however, except as specificaify provided by this Agreement (see Article 4), temporary employees shali not have nor acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules. � 'Abolished except as to present incumbents. ��-��5 ARTICLE 2. DEFINITIONS 2.1 Collective Bargainina: The Employer will bargain collectively with the Union • with respect to rates of pay, hours, and other conditions pertaining to employment for ail of the emptoyees in the unit hereinbefore set forth. 2.2 Maintenance of Standards: The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working co�ditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules ot the City of Saint Paul (Resolution No. 3250), at ihe time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement_ 2.3 Discrimination; The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any empioyee covered by this Agreement bec�ause of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. � � 9�-�J-s � C� � ARTICLE 3. UNION RIGHTS 3. i The Union may designate employees within the bargaining unit to serve as Union Stewards and shall be required to administer this Agreement. 3.2 The llnion shall furnish the Emptoyer and appropriate department heads and District Negotiator with a Iist of Stewards and alternates, and shall, as soon � possible, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shaii be recognized by the Employer for the purpose of ineetings. 3.3 There shatl be no deduction from the pay of a Steward when directly involved i n meetings with management relating to the administration of this Agreement during working hours. 3.4 Designated Union representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract, so long as the Union representative does not interfere with the completion of the employees' job duties. 3.5 Shoo Steward: The Chief Steward or Assistant Chief Steward in the District w i I I be allowed to accompany an employee io meet with the Employer during regular working hours for the purpose of grievance review and dispute resolution invoiving employees, under the following conditions: 3.5.1 3.5.2 3.5.3 3.5.4 3.5.5 That only one employee from any one department be allowed to leave his/her work. That stewards wilt attend these meetings on their own time when they are held outside of regular working hours. That adequate notice is given to the supervisors so that permission may be obtained from the Facility Operations Office. That the steward has officially been designated as such by the Union. Only the chief or assistant chief steward shall be excused for participation in grievance and/or dispute resolution meetings. 3.6 A maximum total of eighty (80) hours without loss of pay per contract term w i l l be allowed for the combined use of a maximum ot four (4) shop stewards to participate in contract negotiations, mediation, or arbitration meetings which are held during the regular working hours of any of the stewards. It is understood that Union and the Employer will, to ihe greatest extent possible and reasonable, schedule such meetings outside regular working hours, and stewards will attend the meetings when this is the case on their own time. 3.7 Union Conventions: Duly-elected Union delegates shall be granted time off without pay for one (1) week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shali give at least ten {10) working days' advance notice of the employees who will be participating in such conventions. � ��+� ARTICLE 3. UNION RIGHTS (continued): 3.8 Dues. Fair Share � 3.8.1 Dues: The Employer agrees to deducf 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 Unio� and the aggregate deductions of all employees 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 is possible. 3.8.2 Fair Share: 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 shaii the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specificaliy provided by Minnesota law, and as otherwise legal. 3.8.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituted against ihe � District, its officers or empioyees, by reason of negligence of the Union in requesting or receiving deducYions under this Article. The District will indemnify, defend, and hold the Union harmless against any claims made and against any suits instituted against the Union, its officers o r employees by reason of negtigence on the part of the Empioyer i n making or forwarding deductions under this Article. 3.8.4 The Employer will notify the Union in writing of ail new employees covered by this Agreement within a reasonable time period of the employee's first day of work. The Employer will notify the Union at regular intervals regarding employee status changes, including unpaid leave, promotion, demotion, resignation, layoff, and/or retirement. � �- y1S ARTICLE 4, TEMPORARY EMPLOYMENT (Effective July 1, 1993) • Effective July 1, 1993, the District and Union acknowledge three types of temporary employment: Casual Service, Short-term Service, and Extended Service. All persons employed in any temporary status or any extension of temporary service must knowing4y consent to such extension and compiete a Temporary Employment Certification Form acknowledging the temporary nature of the assignment. All perso�s employed in any temporary status will be members of the bargaining unit following the completion of sixty-seven (67) workdays, and have the terms and conditions of employment set forth in this Article. An extension of temporary assignment dces not create any continuing employment rights for the temporary employee. 4.1 Casual Service Temporary Employment: Casual Service Temporary Employment will be characterized by assignments that are less than sixty-seven (67) days in duration, and the terms and conditions of employment are established solely by the Employer. These are not positions covered by the bargaining unit. Work assignments will typically be overflow work which serves as an extension of, and not a replacement for, the normal workforce of regular empioyees. 4.2 Short-Term Temoorary Empioyment: 4.2.1 Short-term Temporary Empfoyment wili be characterized by an initial employment assignment for up to 1,040 hours. One extension for up to an additional 1,040 hours wiil be permiited. A copy of the completed � Temporary Employment Certification Form signed at the time of the extension wiil be sent to the Union. 4.2,2 Short-term Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.2.3 Short-term Temporary employees will receive paid time off for the named holidays in Article 17, exctuding any floating holidays. 4.2.4 There shaii be no other access to contractual benefits except � specifically stated in 42.3 above. 4.2.5 Short-term Temporary Employment work assignments typically w i I I serve as short-term replacements for positions normally filled by regular employees. 4.2.6 Such assignments will normally be to cover for the following conditions: a) regular employees on paid leave, . b) regular empfoyees on non-compensatory leaves with guaranteed return, c) vacancies in job ciasses where there is no list ot eligibie candidates in place from which to make regular appointments, d) positions that are of specific limited duration of less than twelve (12) months in duration, � e) other similar assignments. 5 �.�� ARTICLE 4. TEMPORARY EMPLOYMENT (continued}: 4.3 Extended Service Temnorary Employment; • Extended Service Temporary Employment will be characterized by temporary employment which requires assignment beyond 2,080 hours, but is nevertheless temporary in �ature. 4.3.1 If the District determines the assignment for a Short-term Temporary employee must be eutended beyond 2,080 hours, the assignment will be considered an Extended Service Temporary assignment. 4.3.1.1 The District, Union and temporary emptoyee must agree to any Short-term Temporary Employment that is to be extended beyond 2,080 hours. 4.3.1.2 The District, Union and temporary employee wili sign the Temporary Employment Certification Form acknowledging the temporary nature of the assignment. 4.3.7.3 Upon agreement, the temporary employee will be considered an Extended Service Temporary employee. 4.3.2 Exkended Service Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.3.3 Eutended Service Temporary employees will have access to contractual " � benefits as described in 4,3.3.1 through 4.3.3.4 below. The benefits i n 4.3.3.1 through 4.3.3,4 wiil be effective the first full pay period after the completion of the first 2,080 hours in temporary status and aiter the signing of the Temporary Empioyment Certificafion Form. 4.3.3. i Paid sick leave time shall begin to accrue for ali hours on the payroll, based on a formula ot .0576 ho�rs time earned for each straight-time hour on the payroll, Maximum accrual ailowed is 200 hours. There is no exchange of accrued unused sick leave for cash paymenf. 4.3.3.2 Paid personal leave time shall begin to accrue (as vacation), for all hours on the payroli, based on a formula of .0385 hours time earned for each straight-time hour on the payroll. 4.3.3.3 The employee sfiall have access to paid hoiidays as provided i n the labor agreement in Article 17, Seciion 17.5. They shatl also have eligibility for the two {2) floating holidays as identified in Article 17, Section i7.1, through December 31, 1996. � 0 �� y�s ARTICLE 4. TEMPORARY EMPLOYMENT (continued): � 4.3.3.4 The employee shall be eligible for participation in and Employer contributio� to health care coverage and life insurance coverage as provided for active regular employees in Article 16, Sections 16.$.1 and i6.13.1. Temporary employees will be required to contact the Benefits Off+ce to apply fior appropriate benefits. No access or benefii beyond these specified sections is granted or aeated or intended or � implied. Any cost of any premium for any District-offered empioyee or famiiy insurance coverage in excess of the specified District maximum contribution limits shall be paid by the employee via payroll deduction. 4.3.4 There shall be rw other access to contractual benefits except those specifically staied in 4.3.3 above. 4.3.5 An Extended Service Temporary employee who, through the appropriate merit based examination procedures, becomes employed as a regular employee covered by this Agreement during the period of Extended Service Temporary Employment shail have hislher period of temporary employment in excess of the initial 1,040 hours recognized toward compfetion of the probationary service requirement in the regular appointment. � 4.4 None of the provisions of this Arficle shall have any retroactive effect for any empioyee in any temporary employment status prior to the effective date of this Article, July 1, 1993. 4.5 No access to continuing employment is created or intended by any provisions of this Articie. � �-�—�{c5 ARTICLE 5. SENIORIlY 5.1 General class seniority; Ciass seniority shail be determined based on the � continuous length of probationary and regular service with the Employer (Independent School District No. 625, Saint Paul Public Schools) from the date the empioyee was first appointed to a job ciass covered by this Agreement. Class seniority shall be understood to be on an Employer-wide (District-wide) basis within eachjob class unless expressly siated otherwise. In cases where two or more employees are appointed to the same c(ass title on the same date, the seniority shall be determined by the employee's rank on the eligibte list from ' which certification was made. 5. i.1 It is further understood that only time worked for the Employer (Saint Pau! Public Schools) shall be considered for the purpose of seniority calculations. The only exception is for regular employees currentiy employed by the Employer as of July 1, 1993, who have accrued time in a job class represented by the Union in service with the City of Saint Paul prior to July 1, 1993. For those regular empioyees, the time in such job class with the City of Saint Paul w i I I continue to be considered as time with ihe Empioyer. If, however, the employee has a break in employment with the Employer, (i.e., termination, resignation, retirement) thereafter, i f re-employed, only ihe time following the employee's subsequent rehire to the Employer will be considered for purpose of seniority calculation. 5.1.2 An unsuccessful completion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall � not be considered a break in employment with the Employer. A successful completion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall be considered a break in employment with the Employer. 5.2 Class seniority determination for workforce reductiorts: In the event that the Employer determines that it is necessary to reduce the workforce, employees wiil be laid off in inverse order of class seniority in the job class from which the reduciion is to occur. The Employer must terminate the employment of all temporary and provisional employees in that job class before any regular employee in that job class is laid off. 5.3 Class seniority determination for placement following a workforce reduction: For purposes of this Section, the job classes covered by this Agreement (excluding Custodian-Engineer Trainee and abotished job classes} shall be considered one job class series. The job class with the highesi rate of pay shown in Appendix A shall be the highest level job class in the series. The job class with the next highest rate of pay shown in Appendix A shall be the next highest level job class in the series, arid so on down to the last job class. When the number of empioyees in higher level job classes is to be reduced, employees w i I 1 be oHered reductions to the next highest level job c(ass, whether or not the employee previously was appointed to such job class, in which class seniority would keep the employee from being laid off. � 0 �� 1�5 ARTICLE 5. SENIORITY (continued): • 5.3 Ciass seniority deiermination for placement following a workforce reduction (continued): it is understood that an employee being reduced shall have that employee's class seniority in his/her current job class (and any appropriate class seniority i n any lower levei job class that the employee previously held) used to determine rights to positions at tt�e time of the reduction. Thereby, employees whose positions are to be reduced shali have the right to displace employees with less class seniority in that job ciass. The empioyee with ihe least class seniority i n the job class shall then be reduced to the naxt lowest title for which the employee has more seniorily than the feast senior employee in that job class. Empioyees being reduced shall not have the ability to reduce to abolished job classes shown in Appendix A, unless the empioyee was previously appointed to such job class, has no breaks in empioyment since appointed to such job class, and there remain employees actively empioyed in that job class at the time of the layoff. 5.4 Recall from workforce rerluctions: Recall from workforce reduction shall be in order of class seniority within ihe job class from which the layoff occurred. However, recall rights shali expire after two (2) years from the date of the layoff. 5.5 Class seniority determination foliowing voluntary reduction: In the event that an employee requests a voluntary reduction to a lower level job class, and such request is approved by the Human Resource Department for the Employer, then � the employee's cfass seniority in the job class to which the employee is being reduced shatl be the continuous length of probationary and regular service with the Employer from the date the emplayee was first appointed to the job class in this Agreement to which the empioyee will be reduced (this would also inciude any continuous service time in higher level job classes covered by this Agreement). If the empioyee is reduced to a lower level job class not previously hefd, then the employee's ciass seniority in the job class to which the empfoyee is being reduced shail be the continuous length of probationary and reguiar service with the Employer from the date the empioyee was first appointed to any higher levei job class covered by this Agreement. Voluntary reductions will only be approved if the reduction is to a vacant position in a lower level job class. It is understood that the employee wiil have no reinstatement rights back to the former higher level job ciass following the voluntary reduction. If the employee is reappointed to the higher level job ciass through the appropriate testing and selection procedures, then the employee's class seniority in that job class will begin as if new{y appointed to that job class. No employee will have the ability to voluntarily reduce to any of the abolished job classes shown in Appendix A. �� -� �� ARTICLE 5. SENIORITY (conlinued): 5.6 Seniority for Bidding on Location 5.6.1 Bidding for location: Annually, after the beginning of the school year, the Office of Facility Operations wiH post a listing of vacant positions i n the job classes Light-Duty Custodian`, Custodian*, Facility Services Worker, and Custodian-Engineer 1, with the lacations of the vacancies. Empioyees who have been certified and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bids for assignments witl be honored in order of class seniority in that job class providing the empioyee is qualified for the assignment. No other positions are posted for bid. Vacancies in new buildings will be open to bidding only by employees who have had satisfactory or higher performance ratings for at least ihe preceding year. Custodian-Engineer 1 vacancies in new buildings will be listed only to allow employees in that job class to express interest in being cons+dered by submitting a letter to the department he�ad. a) Additional vacancies in the specified year will be similarly posted for additional times during the year, vacancies available. job classes during the schooi bidding at least four ( 4) if there are appropriate b) M employee who has been reassigned as a resutt of the bidding process is not eligibie for any further bidding for at teast one ( 1) year. An employee whose shift is changed significantty on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again in the same year. c) Nothing in this provision shall be construed to limit the right of the Employer to transfer an employee to another location without bidding if there is reason to do so. 5.6.2 When ihere is a reduction irt the number of positions in a job ciass at a specific building, but the overall number of positions in the job class District-wide has not been reduced, then classification seniority applied District-wide will be used to determine who is transferred out of that building. 5.6.3 If any full-time employee's position at a specific building is eliminated and/or changed to require the empioyee be scheduled to regutarly perform work in two buildings, the newly assigned employee wiii: a) Have the employee's class seniority recognized in the second building(s). • � � 10 9�- �� ARTICLE 5. SENfORiTY (continued): • 5.6.3 (continued): b) Have the employee's class seniority recognized in the new building(s) and may use such class seniority in the new building(s) assignment for purpose of displacing the employee with the least class seniority in the same classification from that employee's scheduled shift, providing the newly assigned employee has more class seniority than the employee being displaced. Fuii-time employees may not dispiace part-time employees, a�d part-time empioyees may not displace full-time employees. c) Retain the right to reclaim that employee's original position in the first location shauld it reopen in the ne�ct thirteen (13) months, provided the employee has not accepted a position through any bid process. 5.6.4 Effective March 1, i997, a full-time employee whose position is eliminated and who is assigned to a"floater" assignment in the employee's job class, at that time, shall have the right to displace the least senior employee in the same job class who hoids a building assignment. If a`Yioate�" position remains as an availa6le vacancy, the dispiaced least senior employee can be reassigned to a`Yloater" position in the same job ciass. A fufl-time employee whose position is eliminated and who is placed in � an assignment in the employee's job cfass that is more than two ( 2) hours different than the shiit assignment prior to the position elimination, at that time, shali have the right to displace the least senior employee in the same job class who holds a shift assignment that is within two (2) hours of the shift assignment prior to the position elimination. If a"floater" position remains as an available vacancy, the displaced least senior employee can be reassigned a"floater" position in the same job class. 5.7 Seniority for Shift Seiection: 5.7.1 All shifts and work areas are determined by the Employer. Nothing i n this Section 5.7. should be construed to limit the right of the Employer (department head or designee) to change an employee to another shift o r work area ii there is reason to do so, 5.7.2 There is no building seniority status tor the purpose of bidding on locations or shifts. 5.7.3 When a shift adjustment of more than two (2) hours earlier or later is made bythe Employer, and is planned to continue for more than thirty (30) working days, then shift assignment for employees in that building in the classification of the adjusted shift shall be re-bid. Ciass seniority shall be the determining factor, so long as the employee is qualified and able to perform the duties of the assignment. � 11 ��-�l� ARTICLE 5. SENIORITY (continued): 5.7 Seniority for Shift Selection (continued): � 5.7.4 When a vacancy occurs in a building, the opening wili not be offered for bid in the building. Piant Pianning and Maintenance wiil review and determine any schedule or classification change, and whether the vacancy will be filled. If the vacancy is to be filled, the position w i I I then be offered for location bid pursuant to Section 5.6.1. of this Article. 5.7.5 When a shift change of more than four (4) hours occurs in a position or several positions, then the position(s) shall be offered for bid pursuant to 5.6.1 of this Article. An employee displaced by the re-bid shall be eligible to bid for any other vacancy in that year even if the employee had successfully bid earlier in the same year prior to being displaced. 5.8 Seniority Termination: Afl seniority shall terminate when an empioyee retires, resigns or is terminated. 5.9 Seniority Consolidation: Effective August 1, 1993, the job ciasses Custodian* and Facility Services Worker wil� he treated as a singfe job class for purposes of: 5.9.1 Layoff and recail rights determination, except for the limitations on rights to abolished titles as described in 5.3 of this Article. 5.9.2 Bidding on work location as described in 5.6 of this Article . 5.9.3 8idding on shift selection within a tocation as described in 5.7 of this Article. 5.9.4 Job assignment as determined by the Employer within any location . ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respecis in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budgat, utilization of technology, and organizational structure and selection and direction and number of personnel. C� 12 ��- �l� • ARTICLE 7. HOURS AND PREMIUM PAY 7.1 Definitions: The purpose of this Section is to provide a basis for computation of straight time, overtime, and other wage calculations, and nothing in this Article shafl be construed as a guarantee or commitment by the Employer to any individual emp{oyee of a minimum or maximum number of hours of work. 7.1.1 Week: A week shall consist of seven (7) consecutive days beginning at 12:01 A.M. on Monday and ending at 12:00 midnight the following Sunday. 7.1.2 Day: A day shall consist of twenty-four (24) consecutive hours beginning at 12:01 A.M. at the start of a calendar day and ending at midnight of that day. 7.1.3 Normai Work Schedule: The normal work schedule for employees covered by this Agreement shall consisi of forty (40) haurs or work scheduled on five (5) consecutive eight (8) hour workdays. The department head, with the concurrence of the Union, may modify the work schedule to consist of forty (40) hours of work schedufed on four (4) consecutive ten (10) hour workdays. The hours worked in a day shall be consecutive excluding any unpaid lunch period scheduled during the employee's assigned workday. The unpaid Iunch period may not exceed one (1) hour in length. � 7.2 Cali-In Pay: When an employee is called to work, the employee shall receive two (2) hours of pay at the employee's normal hourly pay rate if the empioyee reports to work as called and is then not put to work. If the employee is called to work and commences work, ihe employee shail be guaranteed four (4) hours of pay at fhe employee's normai hourly pay rate. These provisions, however, shail not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary employees nor to any person whose regularly-scheduled workday is less than four (4) hours per day. 7.3 Overtime: Work performed in excess of forty (AO) hours of work in a normal work schedule or eight (8) hours of work in a normal workday wiil be considered overtime. Overtime work shall be done only by order of the department head. Overtime shali be paid at the rate of one and one-half (1 -1 / 2) times the employee's current hourly pay rate. Employees assigned to work on four (4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of ten (10) hours in the workday. The overtime compensation due the employee shall be paid at the rate herein cited, or by granting compensatory time on a time and one-half basis if mutualiy agreed to by the District and the employee. �� 13 ��-�� ARTICLE 7. HOURS AND PREMIUM PAY (continued): 7.4 Pr�mium Pav for Shift Differential. Effective March 4. 1995: Any employee � who works on a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differential for the entire shift. The shift differential shail be five Percent (5%) oi the base rate, and shall be paid only for those late shifts actually worked. 7.5 Soeciai Dutv Pav: Employees assigned to work in the speciaf duty category of custodial worker shaii be paid at ninety percent (90%} of the rate paid for positions in the Custodian' job ciass. 7.6 Lonaevity Pav: Employees who have completed twenty (20) full-time equivalent years of service with the Employer shall receive an additional $.15 (15�j per hour above the normal hourly rate of pay, ARTICLE 8. lEAVES OF ABSENCE 8.1 Leave of Absence: After three {3) months of empioyment, an employee may make application for a leave of absence without pay or employer-paid benefits not to exceed one (1) year. Requests for leave of absence shall be submitted to � the Human Resource Department for consideration not less than sixty (60) days prior to the requested date of the leave. Granting of such leaves will be subject to the operationaf needs and approval of the Employer. 8.2 Sick Leave: Sick leave shaii accumulate for regularly appoinfed empioyees af Yhe rate of .0576 of a working hour for each full hour on the payroil, excluding overtime. In no case shall sick leave with pay be granted in anticipation of any future accumulation. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must call his/her supervisor to report the illness as described in 8.5 of this Article. 8.3 Using Sick Leave Credits: Any empioyee who has accumulated sick leave credits as provided above shall be granted leave with pay for such time as the appointing supervisor deems necessary for any of ihe following reasons: 8.3.1 Sickness or injury of the employee. 8.3.2 Death of the empioyee's mother, father, spouse, child, brother, sister, mother-in-law, Father-in-law, or other person who is a member of the household. 8.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the supervisor in the event of death of the employee's brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, or stepsister. � 14 9�- ��s �J ARTICLE 8. LEAVES OF ABSENCE (continued): 8.4 Employees may be granted sick leave for such time as is actualiy necessary for the following: 8.4.1 OHice visits to physic+ans, dentists, or other health care personnel. 8.4.2 In the case of sudden sickness or disability of a household member, up to four (4) hours for any one instance. Effective March 1, 1997, up to eight (8} hours may be used for any one instance. 8.4.3 Up to three (3) days of accumulated sick leave may be used in a contract year to allow the employee to provide necessary care for the serious o r critical illness of a spouse, or dependent parent. These days when used are deductible from sick leave, and verification of iliness may be required. r1 LJ 8.5 Requesting Sick Leave: No sick leave shaif be granted for the above reasons unless the employee reports to hislher supervisor the necessity for the absence no taterthan one (1) hour before hisJher regular scheduled starting time. For an employee whose shift begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by 10:00 A.M. The employee must call his/her supervisor on each day of the illness by the times specified, unless the requiremeni to call in is waived by the supervisor after verification of extended illness. Sick {eave will not be granted to any employee who does not properiy report the necessity for the absence, unless he/she can show to the satisfaction of the supervisor that the failure to report was excusable. Empioyees wili be required to provide medical verification of the illness at the discretion of the supervisor. 8.5.1 SiGk Leave - Medical Verification: Employees wiil be required to provide medical verification of the iitness at the discretion ot the supervisor, and especially noting the foliowing circumstances: ( 1) An employee who used more than ten (10) sick days per year is likely to be required to provide medical certification of illness. ( 2) Absences which refteet a pattern are likely to result in a medical certification requirement. Euamples: ( a) Frequent absences on Fridays and Mondays. ( b) Absences precedinglfoliowing recognized holidays. ( 3) Reasonable cause to suspect that sick leave is being requested inappropriately is likely to result in certification requirement. � After the end of every school year, there will be a review of the medical certification requirement for all affected employees unless the requirement has been in place less than nine (9) months. This review may or may not result in a change of the medical certification requirement. 15 ��,�i� ARTICLE S. LEAVES OF ABSENCE (continued}: 8.6 �ick Child Care: An employee who has worked for the District for at least � iwelve (12) consecutive months for an average of twenty (20) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shatl 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 Minn. Stat. § 181.9413 and shall remain available so long � provided in statute. 8.7 Family Medical Leave: Leaves of ahsence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as i t remains in force. The Human Resource Department provides procedures. 8.8 An employee shall be paid under the provisions of this paragraph only for the number of days or hours for which he/she wo�ld normally have been paid i f he/she had not been on sick leave. 8.9 No employee shall be granted sick leave with pay for treatment of chemical dependency more than twice. 8.10 Sick LeaveConversion: Sick leave accumulated in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (i) hour of vacation time, to a mauimum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] ho�rs) in any year. � 8.10.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time. 8.11 Maternitk/Parental Leave: Maternity is defined as the physicai state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event ot an employee's pregnancy, the employee may appiy for leave without pay at any time during the period stated above azxl the Employer may approve such leave at its option, and such leave may be no longer than one (1} year. Parental Ieave sfiall be granted to employees for the birth or adoption of a child in accordance with applicable state and federal laws. � 16 9�-�1� ARTICLE 9. MILITARY LEAVE OF ABSENGE • 9.1 Pay Allowance: Any employee who shatl be a member of the Nationai Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of ' pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant - to law, whether for state or tederal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that such leave shall be allowed onfy in case the required military or naval service is satisfactorily performed, which shali be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, o r (2) is prevented from so returning by physicai or mentai disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 9.2 Leave without Pay: Any employee who engages in active service in time of war o r other emergency declared by proper authority of any of the military or navai � forces ot the state or of the United States for which leave is not otherwise alfowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 9.3 Such leaves of absence as are granted under Article 9 sha{i conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statute. ARTICLE 10. COURT DUTY 10.1 Any employee who is required to appear in court as a juror or witness shail be paid hislher regular pay while so engaged, provided, however, that the employee is not appearing as a witness in litigation undertaken by the employee or the Union against the District; further, any fees that the employee may receive from the court for such service shali be paid to the Employer and be deposited with the District Office of Business and Finance. Any empioyee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as the employee is required to appear i n court as a juror or witness. • 17 ��- �li� ARTICLE 11. SEVERANCE PAY 1 1.1 The Employer shall provide a severance pay program as set forth in this Article. � 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: 11.2.1 The employee must be fifty-five (55) years of age or older or must be eiigibte for pension under the "Rule of 85" or the "Ruie of 9 0" provisions of the Public Emptoyees Retirement Association {PERA}. The "ftule of 85" or the "Rule oi 90" criteria shall also apply to employees covered by a public pension plan other than PERA. yy.2.2 The employee must be voiuntarily separated from School District emptoyment 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 nat eligible for this severance pay program. t 1.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unciassified Civit Service at the time of separation. For the purpose of this Article, employment in efther the City of Saint Paui or in Independent School District No. 625 may be used in meeti�g this ten (10)-year service requirement. 11.2.4 The employee must file a waiver of re-employment with the Director of Human Resources, which witl cieariy indicafe that by requesting � severance pay, the employee waives att ciaims to reinstatement o r re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 11.2,5 The emptoyee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 11.3 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-haif (1 /2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of $7,500. 1 1. 4 For the purpase 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. 11 .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 a separation of employment, and such transferee shaii not be eligibie for this severance program. � 18 ��-��s � J � ARTICLE 11. SEVERANCE PAY (continued): t i.6 The manner ot payment of such severance pay shall be made in accordance with the provisions of the Schooi District Severance Pay Plan aiready in existence. 11 .7 This severance pay program shafl be subject to and govemed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 11 .8 The provisions of this Article shall be effective as of January 1, 1984. 11.9 Any employee hired prior to December 31, 1983, may, in any eveni, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which aliows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Articie or the basic School District Severance Pay Plan shall constftute a bar to receiving severance pay from the other. Any empioyee hired aSter December 31, 1953, shall be entitled only to the benefits of this Article upon meeting the qualifications herein. ARTICLE 12. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the fo{{owing plan: PLAN A: Effective rate approved by the Board of Education or 28¢ per mile, whichever is greater. Effective December 1, 1996, the rate will be the current rate approved by the Board or 31¢ per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishi�g the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for ihe employee to keep a record of each trip made. � ARTICLE i 3. SUPERVfSORY ASSIGNMENT 13.1 An engi�eer who is assigned to supervise other employees will be at least one title higher in the series than the employees he(she supervises. 19 ��-`�t5 ARTICLE 14. WORKING OUT OF CLASSIFICATION 14.1 For purposes of this Article, an out-of-class assignment is defined as an � assignment of an employee to pertorm, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. 14.1.1 The Employer shatl avoid, whenever passible, working an empioyee on an out-oi-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days sha!! receive the rate of pay for the out-of-class assignment in a higher classification beginning on the sixteen (16th) consecutive working day of such assignment. The rate of pay far an approved out-of-ciass assignment shali be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 14.1.2 When an employee is assigned to fill in and cover the duYies of a higher ctassification for a period of time which dces not exceed tifteen (1 5) consecutive working days, the employee shall be considered a short-term crew leader and shail be eligible for premi�m pay under these stated conditions: a) Short-term crew leader is defined as the assignment of an employee to cover the significant duties and responsibilities of a � higher classification than the employee's own classification for at least one (1 } fu(i workday, and not more than fifteen (1 5) consecutive workdays. b) The premium pay shall be applicable only on student contact school days as shown on the District school year calendar, i n facilities where students are present. Summer school days are inc(uded only in facilities where officially scheduled and designated summer school programs are occurring. c) The premium pay shalt be applicable oniy for futi workdays of such assignment, not for a partial day. d) When an employee reaches 4he sixteenth (16th) consecutive working day of short-term crew leader assignment, the premium pay shall no longer be appiied and the employee shall be shifted to out-of-class assignment and paid under 14.1.1 above. There shai( be no retroactive pay adjustment or out-of-ciassification payment beyond the stated crew leader premium. � U F��: ��-�s � r� LJ C_� ARTICLE 14. WORKING OUT OF CLASSIFICATION (continued): e) Premium pay rates for the added responsibility of the short-term crew leader assignment are stated in a cents-per-hour formula above the employee's regufar hourfy rate as foilows: Premium Identification CL-A Assignment Descrpiion Assigned to cover duties one (1) class higher Assigned to cover duties two (2) classes higher Assigned io cover duties three (3) classes higher Assigned to cover duties four (4) classes higher Premium Amount $.20 per hour CL-B CL-C CL-D 21 $.30 per hour $.40 per hour $.50 per hour ��- ��1� ARTICLE 15. DISCIPLINE i 5.1 The Employer witl discipiine employees for just cause oniy. Discipiine wi(I be in the form of: 15.1.1 Oral reprimand; 15.1.2 Written reprimand; 15.1.3 Suspension; 15.1.4 Reduction; 15.1.5 Discharge. 15.2 A notice in writing of Suspensions, Reductions, and Discharges shall be sent to Yhe employee and the Union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 15.4 Employees may examine ail informafion in their Employer personnel file that concerns work evaluations, commendations and/or discipli�ary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges wilt be preceded by a five (5)-day pretiminary suspension without pay. During said period, the Emp�oyee and/or Union may request and shatl be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5}-day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 15.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 15.7 Employees who are suspended, demoted or discharged shall have the right to request thai such actions be cortsidered a"grievance" for the purpose of processing through the provisions of Article 2Q (Grievance Procedure); as an alternative option, such employee can request a review, consistent with Minn. Stat_ § 179A.20, Subd. 4. Once an employee, or the Union aciing in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall be subject to the grievance review procedures through Step 3 only. An employee who elects the contractuai grievance procedure as the forum for review of a disciplinary action has not thereby waived any rights secured to him/her under Minn. Stat. § 197.46, other than the choice of forum for review. � � � 22 9�- �s �1 � ARTICLE SECT{ON 1 1.1 The Employer will continue for the period of this Agreement to provide for active employees such health and lite insurance benefits as are provided by Employer at the time of execution of this Agreement. 1.2 Eligi6ility Waiting Period: Six (6) tull months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for heaith and fife insurance provided herein. 1.2.i Effective January 1, 1997, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for heaith and life insurance provided herein. Full-Time Status: For the purpose of this Section, fuii-time employment is detined as appearing on the payroll regularly at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.3 1.4 Half-Time Status: For the purpose of this Section, half-time employment is defined as appearing on the payroll regularly at least twenty (20y hours but tess than thirty (30) hours per week or at least forty (40) hours but less than ( 6 0) hours per pay pe�iod, excluding overtime hours. 16. EMPLOYEE BENEFITS ACTNE EMPLOYEE HEALTH WSURANCE � Regularly-scheduled hours are the daily hours which are specifically authorized . for the employee and assigned by the supervising administrator, and verified by the Human Resource Department, as the regular schedule. Occasiona! work time assigned in excess of the minimums stated in 1.3 and 1.4 shall not be construed as providing eiigibility for insurance premium payment. NOTE: Any empioyee who is regutarly scheduled for less than twenty (20) f u I I hours of work per five (5)-day week or who is scheduled irregularly is ineligibie for any benefits described in this Section. Nothing in this Agreement shal! be construed as a guarantee of any hours of work. u 1.5 EmRloyer Contribution Amount Full Time m{2loyees: Effective July 1, 1996, for each eligible employee covered by this Agreement who is employed full time and who selects employee i�surance coverage, the Employer agrees to contribute the cost of such coverage or $177 per month, whichever is less. For each eligible fuii-time empioyee who selects famiiy coverage, the Empioyer will contribute the cost oS sucfi family coverage or $305 per month, whichever is less. 1.5.1 Eftective January 1, 1997, for each eligible empfoyee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $185 per month, whichever is less. For each eligibie futl-time employee who selects family coverage, the Employer will contribute the cost of such famify coverage or $320 per month, whichever is less. 23 ��y�5 ARTICLE 16. EMPLOYEE BENEFITS (continued): 1.5.2 Effective January 1, 1998, for eaCh eligible employee covered by this � Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute ihe cost of such coverage or $795 per month, whichever is less. For each eligible f u I I- time empioyee who seiects fami(y coverage, the Employer w i I I contribute the cost of such family coverage or $330 per month, whichever is less. 1.6 Employer Contribution Amount--Half-Time Employees: For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each half-iime employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance pian. 1.6.1 Notwithstanding Section 1.6 above, employees covered by this Agreement and employed half time prior to January 1, 1978, shall receive the same insurance contributions as a full-time employee. This Section 1.6.1 applies only to employees who were employed half-time during the month of December 1977 and shall continue to apply only as long as such employee remains continuously employed half time. 1.7 Life tnsurance: For each eligible employee, the Employer agrees to contribute � to the cost of $50,000 iife insurance coverage. The total premium contribution by the Employer for ait life insurance coverage shali not exceed $11.10 per month. This amount shatl drop to $5,000 of coverage (in the event of earfy reYirement) until the retiree reaches age 65; then alt Employer coverage shall lerminate. 1.8 Flexible S ep nding Account: It is the intent of the Employer to maintain during the term of this Agreement a plan for medicai and child care expense accounts to be availa6le to employees in this bargaining unit who are eligibie for Employer-paid premium contribution for health insurance for such expenses, within the estabiished legal regulations and IRS requirements for such accounts. 1.9 The contributions indicated in this Section 1, shall be paid to the Empioyer's group health and welfare plan. 7.10 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Section shaii be paid by the employee through payroll deduction. � 24 9�- �is ARTICLE i 6. EMPLOYEE BENEFITS, Section 2. (continued): • SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFR Subd. 1 Required Conditions for Retirees (Age 65 and Over), Effective Juty 1, 1996 through June 30, 1997 1.1 Eligible and participating employees who retire on or after July 1, 1996, must meet the following co�ditions at the time of retirement to qualify for any continuing District contributions toward premium payment for heatth insurance at age 65 or over: 1.1 .1 Effective July 1. 1 996: Required conditions for empfoyee appointed to service in independe�t School Disirict No. 625 in a position within this bargaining unit prior to July 1, 1996: Eligib{e employees who were appointed to posRions within this bargaining unii prior to Juiy 1, 1996, and who retire on or after July 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. r� � 1.1.1.2 Employees retiring after July 1, 1996, must have completed the following service eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. A. Employees hired before January 1, 1987, must have temained conlinuously employed by the District. For such employees or early retirees who have not remained continuously employed by the District of completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). n LJ Employees hired on or after January 1, 1987, must have completed twenty (20) years of continuous employment with the District. For such employees or early retirees who have not compfeted at least twenty (20) years of service with the District at the time of their retirement, the Empioyer will disco�tinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). 25 ��-�(� ARTICLE 1 6. EMPLOYEE BENEFlTS, Section 2. (continued): Years of certified civil service time with the City ot Saint Paul eamed prior to July 1, 1996, will continue to be counted toward meeting the District's service requirement of this Subd. 1.1.12. Time worked with City of Saint Paul after July 1, 1996, will be considered a break in District empioyment. • 1.1.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School Oistrict No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.1.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District e�ense atter retirement. 1.1.1.5 The employee must make application through District procedures prior to the date of retirement in order to be e(igibfe for any benefits provided in this Section. 1.2 1.1.2 For employees appointed into service in Independent School District Na. 625 to positions within this bargaining unit after July 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age sixty-five (65) and over. Time worked in the City of Saint Paul prior to July 1, 1996, will not be treated as fndependent School District No. 625 time, for such employees. Retiree Age 65 and Over Healtfi Insurance: Employer Contribution Levels Effective July 1, 1996 through June 30, 7997 oniy For eligible empioyees who were hired and appointed into Independent School district No. 625 service prior to July 1, 1996, and who retire at agesixty-five (65) or later and who meet the health insurance eligibility requirements i n Subd. 1.1 or for early retirees who qualified under the conditions of Subd. 2.1 and who are eligible under the terms of the Medicare supplement policy provided in this Subd. 12, upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare Supptement health coverage policy selected by the District. This provision is effective oniv for employees hired into service in Independent School District No. 625 before July 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the TransiYional Plan in Article 7, Section 2, Subd. 3.1 of this Agreement following hereafter. This provision expires and is nuli and void after June 30, 1997. � . � 9�- yis C_� The employee must meet the foliowing conditions at the time of early retirement in order to be eligible for any payment of any insurance premium contribution by the Employer after his/her retirement (early retirement and subsequently after age sixty-five [65]): 2.1.1 Se receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): Subd.2 Early Retiree Provisions, Effiective July 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired before July 1, 1996 and eligible employees hired on or after July 1, 1996, who retire before June 30, 1997, and meet the required conditions below. 2.1.2 Employees hired into District service before July 1 1996, and retiring afiter July 1, 1996, must have completed the following service eligibility requirements with Independent SChool District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District atter retirement: � a Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service; or, � C The combination of their age and their years of service must equat eighty-five (85) or more; or, Must have completed at least thirty (30) years of service; or, D. Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. � Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but not for Suhd.2.1.2 D. ��'I �� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued}; CJ 2.1 .3 m lo s hired into District service on or after anua 1 1 , and retiring after July 1, 1996, must have completed twenty ( 2 0} years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year service requirement. 2.1.4 A retiree may not carry his/her spouse as a dependent if such spouse is atso an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or i n any other Employer-paid health insurance program. 2.1.5 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 2.1.6 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreement provide for employees who meet the eligibility requirements for health insurance in 2.1 above, who retire during the term of this Agreement, and untii such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single o r � family coverage by that carrier for an employee under this Agreement, i n his/her last month of active employme�t. in the event new carriers repiace those in place at execution of this Agreement, the doilar amounts being paid for single or family coverage to ihe carrier at the employee's date of retirement shall constitute the limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amaunt of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.3 Early Retiree Life Insurance: Employer Contribution Levels The District wiii provide for eariy retirees who qualify under the conditions of 2.1 above, premium contributions for eligible retirees for $5,000 of life insurance only urttil their 65th birthday. No life insurance will be provided, o r premium contributions paid, for any retiree age sixty-five (65) or over. � 28 �7- ��s ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): • Subd. 3. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1996-1998 term, it was the intent of the parties to develop a long-range plan tor retirement benefits which could be available to employees and managed by the District on a currentiy funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of ret+rement heafth insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range ptan for accomp{ishing that goal by providing current active employees with the choice of one of three aliernative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for hisfher retirement. in addition, the plan design provides for future employees; i,e., those hired on or after July 1, 1 996, the opportunity (after completing three [3] full years of consecutive active servicey to participate in a deferred compensation savings pfan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee i n financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). � Employees hired before July 1, 1996, and employees hired on or after July 1, 1996, who fulfill the specified following conditions tisted below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1.1 Se receiving pension benefits from ihe PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School Districi No. 625. 3.1 .2 Employees hired before July 1, 1996, must have completed continuous empfoyment requirements in Subd. 2.1.2. Employees hired and �pt�ointed into Independent School District No 62 service on or aft r July 1 1996 must have completed twenty 2(_0� years of continuous employment with Indenendent School Dis rict No 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked in City of Saint Paul will be counted only for rl Retiree premium contribution by the District for employees hired into Independent School DistriCt No. 625 service after July 1, 1996. lnsurance premium contribution for such empfoyees shall cease when the empioyee reaches age sixty-five (65). � 29 ��-Li�� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): 3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is • also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or i n any other Emptoyer-paid heaith insurance program. 3.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added af the District expense after retirement. 3.1.5 The employee must make appiication through District procedures prior fo the date of retirement in order to be eligible for any benefits provided in this SecYion. 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after July i, t996: 3.2.1 New employees hired on or after July 1, 1996, will after completing three (3) futi years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the Districi. Part-time emp(oyees working half-time or more will be eligible for up to one half (50°/,) of � the available District match. Approved non-compensatory leave shall not be counted in reaching the fhree (3) fulf years of consecutive active service, a�d shall not be considered a break in service. Time worked in the CiYy of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules goveming participation in the Minnesota Deferred Compensation Pian shaii apply. The employee, not the District, is solely responsible for determining his/her total maximum allowabie annual contribution amount under IRS regulations. THE EMPLOYEE MUST lNITIATE AN APPLICATION TO PARTICIPATE THROUGH THE DISTRICTS SPECfFIED PROCEDURES. 3.2.2 No employee hired on or after Juty 1, 1996, shail have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixiy-five (65) and over. Employees hired on or after July i, 1996, shail be eligible only for eariv retirement health insurance premium contribution as provided in Subd. 3.1. LJ 30 �i�- �/� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. {continued): � 3.3 Employees Hired into lndependent School District No. 625 service before July 1 , 1996. A choice among three (3) possible options is avai{able only to employees hired and appointed into Independent School Distriet No. 625 service before July 1, 1996. Oncethe employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are Iisted here, and detailed i n the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2- Minnesota Deferred Compensation Plan Option • Option 3- Transitional Severance Allowance Option 3.3.1 �uired Conditions for ALL Retirees effective July 1 1996. Eligible employees who retire on or after July 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District �, No. 625. 3.3.1.2 Employees hired before July 1, 1996, must have completed conti�uaus employment requirements in Subdivision 1.1.i.2 through Subdivision 1.1.1.5. Years of certified civil service time with the Gity of Saint Pau! earned prior to July 1, 1996, will continue to be counted toward meeting the DistricYs service requirement in this Subd. 3.3.1.2. Time worked with the City oS Saint Paul after July 1, 1996, wiil be considered a break in District employment. 3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent Schooi District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1 .4 Addftional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.3.1.5 The employee must make application through District procedures prior to the date of retirement in order to be • eligible for any benefits provided in this Section. 31 �?-`f l� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (confinued): 3.3.2 Ootion 1- Transitional Retiree Age 65 and Over Insurance O�tion � Conditions: • An employee who has earlier elected to participate in Option 2- Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change hislher original decision.� • An employee who elects at retirement to participate in Option 3- Transitiona! Severance AIlowance Option (3.3.4 below) is not eligible for this provision. • M employee who elects parficipation in this provision at retirement must irrevocabfy waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in Article 1 1, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before July 1, 1996, who retire at age sixty-five (65) or tater � and who are eligible under Subd. 3.3.1 of this Section and the terms of the policy provided in ihis Subd. 3.32, or for early retirees who qualified under the condifions of Subd. 3.1 above and who are eligib(e under tfie terms of the policy provided i n this Subd. 3.3,2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65j will not exceed: CoverageTvoe in i Famf�X Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month Af no lime shall any payment in any amou�t be made directly io the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in fulf by the retiree, o r coverage wiif be discontinued. � An employee is not excluded from this option by virtue of his/her participation in the Minnesota • Deferred Compensation Plan as an individual investor wfth no employer-paid matching funds. 32 �� yls C� ARTICLE 16 3.3.3 EMPLOYEE BENEFITS, Section 2. (continued�: Option 2- Minnesota Deferred Com�ensation Plan O�fion � � �� Effective July 1, 1997, employees hired before July 1, 1996, who have completed at least three (3) fuil years of continuous active service within Independent School District No. 625 can become eligible to participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Su6division). Time worked i n City of Saint Paui immediately prior to July 1, 1996, will be courrted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Qption 1- Transitional Retiree age 65 and over Insurance Option as provided in 3.3.2 above of this Subdivision. • The employee must irrevocably waive Option 3- Transitionaf Severance Allowance prior as provided under 3.3.4 (below) of this Subdivision. • The employee is not required to waive eligibility for Severance Pay provided in Article 11, Severance Pay of this Agreement. • The empioyee must initiate an application to participate through the DistricYs specified procedures. Matching contribution by the District can only occur so long as the employee remains in continuous active service in the District, and shall not exceed $500 per year, with a cumulative lifet+me maximum total of $12,500. Approved non-compensatory leave shalf not be considered a break in service and shall not be counted in completing the three ( 3) year requirement. Efigibte part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1!2) the annual match by the District. KB3 �-�l5 ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued}: 3.3.4 Option 3- Transitional Severance ANowance Option: • Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this spec'rfied Transitional Severance Allowance Option: i'HE EMPLOYEE MUST IRREVOCABLY WAiVE OPTION 1- TRANSRIONAL RETIREE A�E 65 AND OVER 1NSURANCE OP'fION AS PROVIDED IN 3.32 (ABOVE) OF THIS SUBDIVISION. An employee who has earlier elected to participate i n Option 2- Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her originai decision? The employee must have completed aY least twenty ( 2 0) full years of continuous active service in independent School District No. 625 (not including periods of non- compensatory leave). Time worked in the City of Saint Paul prior to July 1, 1996, wiil be counted toward meeting this eiigibility requirement. The employee must be voluntarily separated from District � employment. Those employees who are discharged f o r" cause, misconduct, inefficiency, incompetency or any other disc+plinary reason are not eligible for this Transitionai Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. The employee must be at least age fifty-five (55}, retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PER,4 or Saint Paul Teachers' Retirement Fund. The employee must have a minimum ot sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the fuil Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $7,500 of the Transitional Severance Allowance specified for that year of his/her retirement. 2 An employee is not excluded from this option by virtue of his/her participaitort in the Minnesota � Deferred Compensation Plan as an individual investor with no employer-paid matching funtls. 34 ��- �� ARTICLE 16. EMPLOYEE BENEFtTS, Section 2. (continued): � • The employee must elect to waive all severance pay described in Article 11, Severance Pay of this Agreement (for up to $7,500) in favor of this option. • The employee must provide to the District the required waivers and signed resignation by April 1 ofi the school year in which he/she intends to retire. Appeal of this deadline, based on emergency or extraordinary circumstances, will be considered by the District. • The employee must initiate application to participate through specitied District procedures. � 3.3.42 When application has been made, and all of the above conditions have been met, the employee will be deemed eligible for severance pay allowance equal to the le ser of one year's salary at hislher current salary or a maximum amount � prescribed herei�: For Retirements in Maximum Transitiona! School/Fiscal Year Severance Pay Ailowance 1996-97 $31,000 1997-98 $31,750 1998-99 $32,50� 1999-00 $33,250 2000-01 $34,000 2001-02 $34,750 20�2-03 $35,500 2003-04 $36,250 2004-OS $37,000 2005-06 $38,000 Such amount will normally be paid out according to District established procedures, in equal installments over five (5) years from the date of retirement; exception will be made in the event of the death of the employee; special o r emergency appeal for eariier payment will be considered by the District. • 3.3.4.3 There is no access to the benefits of this Option 3- Transitional Severance Pay AVlowance for the spouse or estate of an active employee who dies having not yet actually retired. A surviving spouse however mav be eligible for severance pay as provided in Article 11, Severance Pay of this Agreement. 35 ��-� i� ARTICLE 16. EMPLOYEE BENEFITS, Secfion 2. (continued): 3.3.4.4 At no time, and under no circumstances shall this Option 3- Transitional Severance Allowance Option be available to any person hired by ihe District into Independent School District No. 625 service on or affer July 1, 1996. This Option 3 - expires on June void. Transitionat Severance Ailowance Option 30, 2017, and wil! be thereafter null and 3.3.5 Choice of O tions: tt wiil be apparent to current employees that if Option 2- Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is ta be elected by the employee, that choice should be made at the earliest possible date, i n order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possibie selection of Option 1- Transitional Retiree l�e 65 and Over Insurance Option (Subd. 3.3.2) OR Option 3- Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly be ore actual retirement. Or�ce made, the decision is irrevocable. District Benefits Office wiil provide information upon request. 3.3.5.1 If state and federa! law permits, and the option remains availabfe from carriers, the District wiil afiow eligible retirees at age 65 who were hired into Independent School District No. 625 service before July 1, 1996, and who have completed the requirements in Sabd. 3.3.1, to continue on a seif-paid basis, to participate in the retiree group pian for Medicare supplement then made available by the District. The retiree must make appiication pursuant to District procedures, and must have or obtain Medicare Part B coverage at his/her own expense. No monetary contribution to premium cost or medical costs of any kind will be made by the District. The retiree will be responsible for the timeiy payment of premiums, and failure to do so will result i n discontinuance of the coverage and the option to participate. � � � LJ cI. ��- �S ARTICLE 17. HOLIDAYS � 17.1 Holidays Recognized and Observed: The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriaf Day independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two Floating Holidays (Effective July 1, 1996 through December 6, 1998) Eligibfe employees shatl receive pay for each ot the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shail fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday • the following language shall apply. Whenever any of the holidays listed above fall on the first day of an employee's two (2) consecutive days off following that employee's normal work week, the last day of the employee's normal work week preceding the holiday will be observed as the holiday. Whenever any of the holidays iisted above fall on the second day of the employee's two (2) consecutive days off following that employee's normal work week, the first day of the employee's normal work week following the holiday will be observed as the holiday. 17.2 The floating holidays set forth in Section 17.1 above may be taken at any time during the calendar year, subject to the approval of the department head of any employee. Effective December 7, 1996, the two (2) days of floating holiday are converted into vacation as part of the vacation accrual formula in Article 18.1 . Any tloating holidays recorded between December 7, 1996, arid the adoption of this Agreement will be converted and deducted from accred vacation. 17.3 Eligibili�r Requirements: In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six (6) working days of the �i�e (9) working days preceding the holiday or an employee's name must appear on the payroll the last working day before the hotiday and on three (3) other working days of the nine (9) working days preceding the holiday. ln neither rase shali the holiday be counted as a working day for the purposes of this Section. I t is further understood that other employees not otherwise eligible shall not receive holiday pay. � 37 ��'� �� ARTICLE 17. HOLIDAYS (continued): 17.4 If art employee entitled to a holiday is required to work on Martin Luther King, • Jr. Day, Presidents' Day, Columbus Day or Veterans' Day, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as is reasonable; the specific date shall be determined by agreement between the employee and the operations coordinator, subject to approval of the department head; m He/she shall be paid on a straight-lime basis for such hours worked, in addition to his/her regular holiday pay, if an emp(oyee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granied compensatory time on a time-and-one-hal( basis or by being paid on a time- and-one-hatF basis or such hours worked, in addition to the regular hotiday pay. 17.5 Notwithstanding Article 17.3, effective January 1, 1991, a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (67) consecutive workdays. Temporary employees shall not be eligible for any fioating hoiidays, except for an Extended Service Temporary employee as provided in Article 4.3.3.3. . � 38 I �J /'/ �� ARTICLE 18. VACATION 18.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Vacationaccrual rate effective July 1. �996 through December6 1996: Years of Service ist year through 4th year Sth year through 9th year 10th year through l5th year 16th yearthrough 23rd year 24th year and thereafter Hours of Vacation .0385 .0577 .0654 .0808 .1000 Vacation accrual rate effective December 7 1 996: � Years of Service 1st year through 4th year 5th year through 9th year 10th year through 15th year 16th year through 23rd year 24th year and thereafter Hours of Vacation .0462 .0654 .0731 .0885 .1 077 18.2 Effective July 1, 1995, the head of the department may permit an employee to carry over into the next "calendar' year up to one hundred twenty (120) hours of vacation. 18.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section i, Subd. H. 18.4 Sick Leave Conversion: Sick leave accumulated in excess of 1,440 hours may be co�verted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a iotal of forty [40j hours) in any year. 18.4.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time. � 39 ��-��5 ARTICLE 19. UNIFORMS 19.1 Employees in this bargaining unit are required to wear uniforms when on duty. � Uniforms will be supplied as follows: The District will initially provide each employee (or newly appointed employee) with five {5) shirts or five (5) smocks. Each year thereafter, Yhe District wil! provide employees with three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested and received the initial five ( 5) shirts or five (5) smocks prior to implementation of this provision will be considered already initially supplied. 19.2 Uniform shirts will be worn at a(I times when school is in session including summer school, andlor whenever the school building or site is scheduled through usual procedures for use by the public. During school vacation periods the uniform shirt will be optional. However, for empioyees who choose to not wear the uniform shirt during school vacation periods, the standard dress rules are i n effect, Uniform shirts are to be worn only while at work, and en route. The employee is not to wear the uniform shirt during persona! events and aci+vities, work outside the School District, or incidental stops at places selfing on-sale liquor, or other such pfaces not consistent with the image of the School District. 19.3 Each employee is responsible for laundering, pressing, and making minor repairs, such as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair during the course of duty, it will be replaced at no cost to the employee when the damaged shirt is returned to the District. Normal wear � will not be considered for replacement except through Yhe annual cycie. The District will attempt to provide the repfacement shirts at fhe beginning of each schooi year. 7 9.4 Safety Shoes: The District agrees to pay thirty dollars ($30) per year toward the cost of safety shoes required by the Employer and purchased by an employee who is a member of this unit, under the following conditions: 19.4.1 The District sfiall contribute toward the cost of one (1) pair of shoes per contract year and shall not be responsible for any additional cost of any additiona! shces hereafter. Y 9.4.2 TF�is reimbursement of thirty dollars ($30) shall be made only after verification of expenditure and approval by the Department head or designated supervisor of the employee. 19.4.3 This thirty dollars ($30) Employer contribution shall apply only to those employees who are required to wear protective shoes or boots by the Employer, and the contribution shall not exceed the actual cost of such shoes or boots. C I 40 '/ //�! � ( � ARTICLE 20. GRIEVANCE PROCEDURE � 20.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulat+ons as the grievance representative ot the bargaining unit. The Union shail notify the Employer in writing of the names of the stewards and of their successors when so named. 20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is fimited by the job duties arxl responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shalf suffer no loss of pay when a grievance is processed during working hours provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental io the work programs of the Employer. 20.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discip{inary action as provided by Article 7, for the processing of grievances, which are defined as an atleged violation of the ferms and conditions of this Agreement. A grievance shall be resolved i n conformance with the following procedure: Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the empfoyee's satisfaction by the informal discussion, it may be reduced to writing and referred . to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section{s) of the Agreement violated, and the relief requested. Any aileged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance shall be considered waived. At this step only, an e�ension of seven (7) additional calendar days shall be granted automatically if requested by the Business Representative or steward. Ste� 2: Within fourteen (14) calendar days after receiving the wri4ten grievance, a designated Employer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, es a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within fourteen (14) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within fourteen (14) calendar days following receipt of the Employer's answer shali be considered waived. Ste : Within fourteen (14) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor sha{I meet with the " Union Business Manager or designated representative and attempt io resolve the grievance. Within fourteen (14) calendar days following this meeting, the Employer shaA reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance � not referred in writing by the Union to Step 4 withi� fourteen (14) calendar days fol{owing receipt of the Employer's answer shall be considered waived. 41 ��.�r� ARTICLE 20. GRIEVANCE PROCEDURE (continued): Sten 4. If the grievance remains unresotved, the Union may within fourteen ( i 4) � calendar days after the response of the Employer in Step 3 by writien notice to the Employer, request arbitration of the grievance, The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within fourkeen {14) calendar days after notice has been given. !f the parties fai! to mutually agree upon an arbiirator within the said fourteen (14)-day period, either party may requesf the Bureau of Mediation Services to submit a panel of five {5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. The Union shall strike the first (1st) name; the Employer shalt then strike one (i) name. The process will be repeated and the remaining person shall be the arbitrator. 20.4 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shati have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shalf be submitted in writing within thirty {30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shall be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of fhe grievance presented. The decision of the arbitrator shall be � final and binding on the Empioyer, the Union, and the empioyees. 20.5 The fees and expenses for fhe arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shalt 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. 20.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 20.7 It is understood by the Union and the Employer Yhat if an issue is resolved at any step by this grievance procedure, that issue shall not again be submitted for review under the provisions of fhe Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and resolved at any step by the grievance procedure under the Civil Service Rules and Regulations, It shail not be submitted for review and arbitration under procedures set forth in this Article. � 42 97- �iS ARTICLE 21 . WAGE SCHEDULE � 21.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. ARTICLE 22. STRIKES, LOCKOUTS, WORK {NTERFERENCE 22. i The Union and the Employer agree that tfiere shall be no strikes, work stoppages, slowdowns, sit-down, stay-in or other canaerted interference with the Employer's business or affairs by said Unions andfor the members thereof, and there shafl be no bannering during the existence of this Agreement without first using aii possibfe means of peacefui settlement of any controversy which may arise. � ARTICLE 23. NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. � 43 ( �? - `{ r''J ARTiCLE 24. TERMS OF AGREEMENT 24.1 omplete Q�rgement aM Waiver of Bargaining: This Agreement shall represent the complete Agreement between the Union and the Empioyer. The parties acknowledge that during the negotiations which resuited in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the compiete understandings and agreements arrived at by the parties after the exercise of that right arxi opportunity are set forth in this Agreement. Therefore, the Empfoyer and the Union, for the life of this Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shail not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savinqs Clause: This Agreement is subject to the taws of the United States, the State of Minnesota, and the City of Saint Paui. In the event any provision oi this Agreement shatl hold to be contrary to law by a court of competenf jurisdiction from whose finai judgment or decree no appeal has been taken within the time provided, such provision shafl be voided. Aif other provisions shall continue i n tuli force and efiect. 24.3 Terms of Agreement: Except as herein provided, this Agreemeni shall be efteciive as of July 1, 1996, and shall continue in full force and effect through the 30th day of June 1998, and shal! be automatically renewed from year to year thereaHer unless eiiher paRy shall notify the other in writing at least sixty (60) days before the termination of this Agreement that it desires to modity o r terminate this Agreement. In witness thereof, the parties have caused this Agreement ro be executed as signed and dated tseiow. 24.4 This constitutes a tentative recommended by the District subject to the approval of ratification by the Union. WITNESSES: INDEPENDENT SCHOOL DISTRICT INTERNATIONAL tJNtON OF OPERATING ENG ERS L CAL O. 70 � l Business Manage , ocal No. 70 � Local ��`�"��a % Agreement between the parties which wil! be Negotiations and Labor Relations Manager, but is the Board of Education, and is also subjeci to cniet steward, tocai iVo. 70 -�r?// �I,Q' / ��7 Date ' 44 i � • f� s � �ss7 Date ��-�� • APPENDIX A: WAGES � L� ��-`�l� APPENDIX A: 1996-97 WAGES The hourly wage rates and salary ranges for ciassifications in this unit are effective • July 1, 1996, as ioilows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Probationary Rate Facility Services Worker $10.00 Custodian' Custodian (Light Duty)* Trainee (Custodian-Engineer) Probationary Rate $13.57 After Years $10.64 nr $8.36 Probationary 8ase Rate at $17.36 $18.23 16.76 17.67 16.22 17.13 15.8'I 16.71 15.48 16.15 Base Rate $10.50 Base Rate $14.61 After 5 Years $1 D.99 After 6 Months $9.62 S Aiter 1 year $11.30 After 2 years $12.00 After After 10 15 Years Years $11.21 $11.46 After After 1 Year 18 Months $10.94 $12.25 Personnel hired for employment with the District after the date of the signing of this Agreement, to a ciass of positions listed in Appendix A above, shall be campensated at the "Probationary RaYe" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the posRions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourly wage rate, notwithstanding that the employee must complete a promotionai probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the classification in which they are employed. 'Abolished except as to present incumbents. r ' �_ A1 ��- �r� CJ ❑ �� APPENDIX A: 1997-98 WAGES The hourty wage rates and salary ranges for cfassifications in this unit are effective .lu(y 1, t997, as follows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Probationary R�t� Facility Services Worker $70.20 Custodian' Custodian (Light Duty)` Trai�ee ( Custod ian-E ng ineer) Probationary Rate $13.98 After ars $10.96 Probationary Rate $17.88 1726 16J0 16.28 15.95 Base � $10.71 Base Ra e $18.78 18.20 17.64 17.21 16.63 After 1 vear $11.64 After 2 years $12.36 Base Rate $15.05 After After After 10 15 5 Years Y��,�rs Years $11.32 $11.54 $11.81 After qfier n r �RLhs_ 1 year $8.55 $9.91 $11.27 After 18 Months $12.62 Personnei hired for employment with the District after the date of the signing of this Agreement, to a class of positions tisted in Appendix A above, shali be compensated at the "Probationary Rate" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from a�y of the positions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourfy wage rate, notwithstanding that the employee must complete a promotional probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the classification in which they are empioyed. *Abolished except as to present incumbents. A2 ��-�f�5 MEMORANDUM OF UNDERSTANDING BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 REGARDING EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVECE This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 625, and International Union of Operating Engineers LoCal No. 70, exclusive representative for custodiai service empioyees in the Saint Paul Public Schools. The purpose of this Memorandum of Undersianding is to state clearly the intent of the parties regarding procedures which will be used to call and/or assign employees in the uniY for overtime work during the term of the 1996-98 Labor Agreement. These procedures shall become effective beginning with the first full month after the Board of Education adoption of the 1996-98 Labor Agreement. Renewal, revision, or continuation of this Memorandum of Understanding wili occur only if the parties so agree. Absent such agreement, this Memorandum of Understanding terminates June 30, 1998. Section 1: Qualified Employees A qualified person for all provisions of this policy is a regular full-time custodian or facility services worker, or custodian-engineer who holds the appropriate license for Yhe task, and has demonstrated satisfactory job performance. 1.1 An employee who has specified physical restrictions which impair his/her ability to perform a particutar overtime task will not be assigned the overtime; for purposes of calling order he/she will be considered, however, as having worked that overtime. Section 2: Overtime Within a Building Employees assig»ed to a particular building will have the first opportunity to work overtime in that building. Persons who are interested in working overfime in the building will be required to sign in advance. The employees will be placed on a list in order of District seniority. When a need for overtime arises, the quafified most senior employee on the list will be called first unless the employee has already worked overtime in that fiscai year. If the qualified most senior employee has already worked overtime in that fiscal year, the next qualified empbyee on the list will be called until ail empioyees in the buiiding have worked overtime. When all employees have worked overtime, the process wil! be repeated. When an employee is asked to work overtime in the building and refuses, he/she will be considered as having worked that overtime. I f there are rro employees in the building who want to work overtime, then the overtime shalf be classified as District overtime and disiributed as described below. 2.1 When an employee is newiy assigned to a bui(ding, hislher overtime eligibility history for that location will be deYermined by assigning to him/her fhe average of overtime hours credited to date for all affected employees in that location (average of hours worked and/or refused). C� � 2.2 The overtime history of each employee will be carried over from year to year in each building for that buiiding. . 9�- ��S Seetion 3: District Overtime � When there is District overtime work to be done on a planned basis (i,e., it is of a non-emergency nature), regular employees assigned as relief staff will have the f i rst opportunity to work the overtime. Qualified relief staff members wiil be contacted for the overtime work i� seniority order (i.e., most senior first) unless the employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she wilt be considered as having worked that overtime assignment. If there are not sufficient qualified relief staff employees available, qualified employees Iisted as availa6le for emergency call out will be called by � the same procedure. Effective July 1, 1997, the assigned relief staff will no longer have first opportunity to work District overtime. In September of each year Facility Operations will aflow people interested in working District overtime to sign up to be calied. The most senior employees in one of three groups, 1) Facility Services WorkerlCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for overtime needed in the group based on seniority order, unless employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she w i I I be considered as having worked that overtime assignment. If there are not sufticient qualified relief staff employees availabie, qualified employees tisted as availabie for emergency call out will be called by the same procedure. Section 4: Mandatory Overtime The District retains the right to institute mandatory overtime if there are inadequate • volunteers to meet District needs. The mandatory system requires that the least senior empioyee who has not worked overtime will be required to work first and so forth. Should mandatory overtime become necessary, employees who have voluntarily worked overtime will be credited with the hours they have previously worked. Seetion 5: Emergency Call Outs This Equalization of Overtime Memorandum does not apply to emergency call outs requesting that overtime be worked. A qualified employee who is willing to accept emergency overtime assignment immediatefy upon notification may ask to be listed � available. The District will not list an employee for emergency call out if the employee has refused overtime work several times, or is not qualified. The District, in assigning emergency cafl out, wili do so as equitabiy as circumstances permit. 5.1 The District will periodically provide to the Union a copy of the emergency call-out list, and a tally of time worked. , Section 6: Overtime Resulting from BuildinglProgram Moves Overtime resulting from moving a program or a staff/student population from one buildingllocation to another will be treated as building overtime for staff in the location from which the move originates. ti more overtime workers are needed than the originating location can supply, the District overtime procedure will be used to secure � additional workers. 2 ��1� Section 7; Grievance Process An alleged violation of these procedures can be presented to the Employer by the Union for • review under the grievance procedures of the labor co�tract through Step 3, as the finai appeal. Step 3 review is at the ievel of the Superintendent of Schoo(s, or his designee: This Memorand�m of Understanding shatl be effeciive with the first fuil month after Board of Education approval, and shalf expire on June 30, 1998. INDEPENDENT SCHOOL DISTRICT INTERNATIONAL UNION OF OPERATING NO. 625 ENG RS LOCALD 70 � Ne� ti�jions/La�af�t� i s Manager Busi�ess Manager i No. 70 // ( / � � . Mgr. �n � Chair, �ard of Education o President, L al No. 70 - � �� s � s� 7 ��- _ Date Recordinp SeclEtar� Local No. 70 � Ghief Steward, Local No. 70 • ^�/c�/J• 0 /Y�1 � Date • 3 9�� 1� i BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 MEMORANDUM OF UNDERSTANDING REGARDING EfVGiNEER 2-5 BIDDING � Bidding for location Custodian Fngineer 2 5 Positions: This bidding process for Custodial Engineer 2-5 employees will be piloted effective February 4, 1997, and will continue for the duration of the 1996-98 contract, and wilf not be automaticatly extended as part of any successor agreement. The Office of Facility Operations wiil post a listing of vacant positions in the job classes Custodian-Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the locations of the vacancies. Employees who have been certifiied and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bidding wili be only open to employees who have successfully completed ihe probationary period and have satisfactory or higher performance ratings for at least the preceding year, Bids for assignments will be honored in order of class seniority in that job class providing the employee is qualified. This process requires that all Gustodial Engineer 2-5 employees who bid be able to satisfactorily perform the full range of duties at the bid location from the onset. With the rights to bid in this pilot process �mes the responsibility to fully assess the requirements of the location where helshe would bid and the strengths and weaknesses that he/she may have. a) Vacancies in the specified job dasses during the school year w i i l be posted for bidding as they occur. � b) A Custodian-Engineer 2 who is assigned to evening shift must complete one (1) year as an Engineer 2 before having the right to bid. • If the Custodian-Engi�eer 2 assigned to evening shift bids on another evening shift and is reassigned as a resutt of this bidding process he/she is not eligible for any further bidding for one (1) year. • lf the Custodian-Engineer 2 assigned to evening shift is reassigned to a day shift as a result of this bidding process helshe is not eligible for any further bidding for two ( 2) years. • ff the Custodian-Engineer 2 assigned to day shift is reassigned as a result of this bidding prvicess he/she is not eligible for any further bidding for two (2) years. • An employee whose shift is changed significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again without waiting the full two (2) years. � -`� � S c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a result of this bidding process is not eligible for any further bidding for three (3) years. M employee whose shift is dianged significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again without waiting the full two (2) years. d) Nothing in ihis provision shall be construed to limit the right of fhe Employer to transfer an employee to another location without bidding if there is reason to do so. e) There wiil be no bidding assignments in new buildings. Custodian- Engineer vacancies in new buildings wiil be iisted only to allow emptoyees in that job class to express interest in being considered by submitting a letter to the deoartment head, INDEPENDENT SCHOOL DISTRICT INTERNATIONAL UNION OF OPERATING EN ERS LOCAL N. 70 ��.,�� Business Manager, L No. 70 ient, ocal No_70 /J _ C1inr�r�i�z. din Secret , La � � Steward, Local No Local ��e�� 70 .�— ��/l. �,Y /rrs � ' Date ' � • � 2 �� s� isy7 Date Council File # 97 �/ � ,__�-- Presented Referred To RESOLUTlON Green Sheet # 35891 - INT PAUL, MINNESOTA /Q � � Committee Date RESOLVED, that the Council of the City of Saint Paul hereby approves and ratifies the attached 2 July 1, 1996 through June 30, 1998 Labor Agreement between the Independent School District No. 625 and International Union of Operating Engineers Loca170. Requested by Deparnnent of: Office of Labor Relations BY� _-�� Form Appro ed by City Attorn B � � �� Adoption Certified by Council Secretary By: % V \�� 1`�^!V-��_ Approved by Date ��`�\��_ "� By: �. �,P \ Approved by�r Submissio to Council By: � U� Adopted by Council: Date �n�A� 3�� '� ' C DEPARTMEYIT/OFFICFICOUNCD.: DA7E INITL4TED GREEN SHEET / �No.:35891 LABOR RELATIONS April 1,1997 � � �� f CONTACf PERSON & PHONE: p II'ffiAi/nnTE INITTni/De'PE �� 7ulie Kraus 266-6513 ,�� 1 DEPAR7MENT DIR � a crrr courrcn, 7�Q�Mggg 2 CITY A7TORNEY � C1TY C:LERK MUSf BE ON COUNCII. AGENDA BY (DATL� �R BUDCET DIIL FIN. & MGT. SERVICE DIIt ROUTING 3 MAYOR (OR ASST.) ORDER TOTAL # OF SIGNATURE PAGES i (CLIP ALL IACATTONS FOR SIGNATURL� acrtox�irnsrEn: This resolution approves the July 1, 1996 through June 30, 1998 Labor Agreement between Independent School District No. 625 and Internationai Union of Operating Engineers Local 70. RECOMMENDATTONS: App�ove (A) ar Rejed (R) YERSONAL SERVICE CONTRALTS MUSf ANSWER THE FOLLOWING � QURSTIQNS: _PLANNINGCOr4llSSION CIVII.SERVICE COMR4SSION 1. HastLispasonRumevawa�kedundca�forihiedepattmat? CIBCOMD�IlTfEE Yes No STAFF 2. Hasttispaam/S�¢ievabemacilyemployce? DIST'RICT COURT Yts No sorroxTS wFncx cou[aca os�c�nvE� s. nxsm��m �a�u ms�urr�bv�r ��r �m�m�T Yes No Ezplalo a➢ya answen on aepat�fe aLeet aud adach to =reen s6eet Il�7'FIATING PROBLEM, ISSUE, OPPORTUiVITY �Vdo, Whaf, W6en, Where, Why): ADVANfAC&SIFAPPROVED: � ` �. "t�.d' This resoluCion pertains to Boazd of Education employees only. �� ' �—�' �� __ APR � Q 1 1997 �,3 � DISADVANTAGES IF APPROVED: DISADVpNTpGESIF NOT?,.�PROVED: , TOTAL AMOUNT OFTRANSACfIUN: COST/REVENUE BUDGETED: FUNDING50URCE: AGTIVITYNUhiBER: RECEI��U FINANCIAI. TNFORMATION: (F.XPLAIN) AQR 0 3 1997 f7RYQR'S iN'H(;� 97= �is INQEPENDENT SGHOOL DISTRlCT NO. 625 BOARD OF EDUCATfON SAINT PAUL PUBLIC SCHOOLS DATE: February 3, i987 TOPIC: Approvai of 1996-98 Labor Agreement, 1996-98 Memorandum of Understanding regarding overtime; 1996-98 Memorandum of Understanding regarding bidding, and 1996-98 Memorandum of Understanding regarding training with Intemational Union of Operating Engineers (I,U.O.E.) Locaf 70 exclusive representatives for custodial service employees A. PERTINENT FACTS: 1. The term of the contract is from July 1, 1996 through June 30, 1998. 2. Contract changes include the following: The titles were changed to reffect Arabic numbering and delete the former Roman numerafs. Obso4ete language and dates were deleted and updated throughout the contract. SENIORITY: The se�iority language in Article 5.6.3 was amended to delete building seniority ianguage and reflect current use of dass'rfication seniority. Additionaity, new language in 5.6.4 describes the procedures for cases where afull-time position is eliminated and tfie emp4oyee is p{aced in a position with a starting time more than two hours different than his/her originai position. SICK LEAVE: Effective March 1, 1997, in case of sudden sickness or disability of a household member, up to eight hours may be granted for any one instance. The language from section 8.6.1 was moved and renumbered to 8.4.3. SEVERANCE: The eligibility requirement in this Article was changed from 58 to 55 years of age. IM LEAGE The language was updated to refleet the current mileage rates approved by the Board of Education. iNSURANCE Retiree Healfh Msurance: The new transitionat Retiree Heafth insurance language wili be inserted as agreed. This includes the new deferred compensation option, transitional severance allowance optian or stated employer contribution limits on retiree heaith insurance for retirees who reach age 65 and older. All options have specified eligibility criteria 9�- �Js Empioyment Agreement fior intemational Union of Operating Engineers Local No. 70 INSURANCE (continued): February 3, 1997 Page Two Active Employee Heakh insurance: This articie was completely rewritten to coordinate the transitional retiree insurance language and prov+de a more readabie article. Effective January 1,1997, the waiting period for eligibility will be three morrths of active service. Effective July 1, 1996: Heatth insurance premium coMritrution by District increases to $177 per month for single coverage or $305 per month Sor family coverage. Effective January 1, 1997: HeaRh insurance premium contribution by District increases to $185 per month for single coverage or $320 per month for tamiry coverage. Effective January 1, 7998: Health insurance premium contribution by District increases to $195 per month for single coverage or $330 per month for family coverage. Life Insurance: The amount of I'rfe insurance for eariy retirees prior to age 65 was amended from $10,000 to the standard District amount of $5,000. HOLIDAYS: The two fioating holidays will be converted into vacation days effective December 7, 1996. The vacation tormuta is increased to retlect the additionai two days. Any ftoating holidays used between December 7, 1996, and the finai approval by Board of Education wiii be deducted from accrued vacation. There is no net change in the total number of days availabie. A ES: The satary rates are on the attached sheets. Effective Juty 1 1996: The Facility Services Worker c{ass'rfication was restructured to provide the ability to work alone in buildings wfth pubiic contact and to lock up. The hourly rate for the Facility Services Worker title was bargained to reflect this change in responsibilfties. The salary rates for other titles will be increased by 2.25%. EffecFrve July 1, 1997: The Faciiity Services Worker rates ai Step 1 and 2 wi0 be increased by 2%. All other rates will be increased by 3%. 3. MEMORANDA OF UNDERSTANDING: . A Memorandum of Understanding has been developed between the District and the Union which deariy states the overtime Call procedures, and amends the procedures to simptify the process. The Memorandum of Understanding vdll be an appendix to the contract book. Atfeged violations wilf be grievable under the crontract grievance procedures to the Superintendenfs level as the final step. This Memorandum of Understanding is effective July 1, 1996 through June 3�, 1998 Engineer 2-5 6idding: The Memorandum ot Understanding regasding bidding rights for Custodian-Engineer 2-5 empfoyees wiil be an appendix to the contact book. This Memorandum of Understanding is a pilot project that wiil be effective February 4, 1997 through June 30, 1998. ��15 Employment Agreement for Intemational Union of Operating Engineers Local No. 70 MEMORANDA OF UNDERSTANDING (continued}: Trainin� Premium (Not Inc{uded in Labor Agreement): February 3, 1997 Page Three The training premium for Gustodian-Engineers 2-5 is renewed through June 30, 1998. This memorandum establishes the conditions for Custodian-Engineer 2-5 emptoyees to take advanced Vaining on their own time and establishes the premium payment scheduled for successful completion of the training. The amount ot the training premium is not increased. 4. 7he Distdct has 265 regular employees in this bargaining unit. 5. This request is submiited by Richard Kreyer, Negotiations/Labor Reiations Manager, Patrick Quinn, Executive Director, Plant Planning and Maintenance; 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 and Memoranda ot Understanding concerning the terms and conditions of employment of those custodiaV service empioyees in this schoof district for whom the intemational Union of Operating Engineers (I.U.O.E.) Local No. 70 is the exclusive representative. Duration of the Agreement is for the period July 1, 1996 through Jurte 30, 1998. Duratior� ot Memoranda of Understanding are as indicated therein. ��- �/s i 1996 - 9S LABOR AGREEMENT between SAINT PAUL PUBLIC SCHOOLS INDEPENDENT SCHOOL DISTRICT NO. 625 � � INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 70 Term: July 1, 1996 through June 30, 1998 s � j �f� p�� d� �� PUBLIC SCHOOLS LlFELONG LfARNING � �� PUBLIC SCNOOLS �IFELONG LEARNING SAINT PAUL PUBLIC SCHOOLS Independent School District No. 625 Board of Education: Mary Thornton Phillips - Chair Tom Conlon - Director Marc Manderscheid - Vice Chair Greg Filice - Director Neal Thao - Clerk AI Oertwig - Direcior Becky Montgomery - Treasurer Administration: Curtnan L. Gaines Maureen A. Flanagan Wiitiam A. Larson Lyle Baker, Interim Cy R. Yusten - Superintendent of Schools - Executive Assistant Superintendent of Schools - Assistant Superintendent Fiscal Affairs and Operations - Assistant Superintendent Planning and Support Services - Assistant Superintendent Teaching and Leaming i �� 9?- �� CONTENTS r LJ A TI LE TITLE � i Article 1. Article 2. Article 3. Article 4. Article 5. Article 6. Article 7. Article 8. Article 9. Article 1�. Article ii. Article 12. Article 13. Article 14. Article 15. Article 16. Article 17. Articie 18. Article 19. Article 20. Article 21. Article 22. Article 23. Artic{e 24. Appendix A Recognition ..................................................................................................1 Definitions ................................................................................................... 2 Union rights ................................................................................................3 Temporary Employment ..............................................................................5 Seniority ..................................................................................................... 8 Management .................................................................................... t 2 Hours And Premium Pay ........................................................................... i 3 LeavesOf Absence ...................................................................................... i 4 Military Leave Of Absence ......................................................................... i 7 Court Duty .................................................................................................1 7 Severance ...........................................................................................1 8 Mileage ......................................................................................................1 9 Supervisory Assignment ...........................................................................i 9 Working Out Ot Classification ...................................................................20 Discipline ..................................................................................................2 2 Employee Benefits .....................................................................................23 Holidays .....................................................................................................3 7 Vacation .....................................................................................................3 9 Uniforms ...................................................................................................4 0 Grievance Procedure .................................................................................41 Wage Schedule ...........................................................................................4 3 5t rikes, Lockouts, Work Interference ......................................................4 3 Nondiscrimination .....................................................................................4 3 Terms Of Agreement ..................................................................................4 5 W� ................................................................................................A1 - A2 MEMORANDA OF UNDERSTANDING � Equalization of Overtime Engineer 2-5 Bidding �� i�-�� 1�_J � PREAMBLE This Agreement is by and between Independent School District No. 625 and Locai Union No. 70, Intemational Union Of Operating Engineers, AFL-CIO. Tfiis Agreement has been entered into between fndependent School District No. 625, hereafter referred to as the Employer, and Local Union No. 70, International Union of Operating Engineers, AFL-CIO, hereafter re(erred to as the Union. This Agreement has as its purpose, the promotion of harmonious relations behveen the Employer and the Union, the establishment of an equitable and peacaful procedure for the resolution of differences and the estabfishment of raies of pay, benefits, hours of work, and other conditions of employment. The parties hereto pledge that they shall pursue the above objeetives in full compiiance with the requirements of the Public Employment Labor Relations Act of the State of Minnesota of 1971, as amended. � ��-�js� ARTICLE 1. RECOGNITION • 1.1 The Employer recognizes ihe Union as the sole and exclusive bargaining agent for the purposes of establishing wages, benefits, hours, and other conditions of employment for all of its employees as outli�ed in the certification by the State of Minnesota 8ureau of Mediation Services under Case No. 73-PR-449-A, � amended, to read as toilows: All regular, probationary, and provisionaf engineering and building maintenance personnel who are employed by Independent School District No.625, and whose employment service exceeds the lesser of 14 (fourteen} hours per week or thirty-five percent (35°/a) of the normal workweek and more than sixty-seven (67) workdays per year i n the following classifications: Custodian-Engineer 5, Board of Education, Custodian-Engineer 4, Board of Education, Custodian-Engirteer 3, Board of Education, Custodian-Engineer 2, Board of Education, Custodian-Engineer 1, Board of Education, Facility Services Worker, Trainee (Custodian-Engineer) Custodian', Custodial Worker*, Custodian (Light Duty)'; • excfuding supervisory, managerial, clerical, confidential, and temporary employees, those exclusively represented by other labor or employee organizations, and all other employees. 1.2 The parties agree that any new classifications which are an expansion of the above bargaining unit or which derive from the classifications set forth in this Agreement shafl be recognized as a part of this bargaining unit, and the parties shall take all steps required under the Public Employment Relations Act to accomplish said objective. 1.3 Temporary employees are recognized as within the unit covered by this Agreement, however, except as specificaify provided by this Agreement (see Article 4), temporary employees shali not have nor acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules. � 'Abolished except as to present incumbents. ��-��5 ARTICLE 2. DEFINITIONS 2.1 Collective Bargainina: The Employer will bargain collectively with the Union • with respect to rates of pay, hours, and other conditions pertaining to employment for ail of the emptoyees in the unit hereinbefore set forth. 2.2 Maintenance of Standards: The Employer agrees that all conditions of employment relating to wages, hours of work, overtime differentials, vacations, and general working co�ditions shall be maintained at not less than the highest minimum standard as set forth in the Civil Service Rules ot the City of Saint Paul (Resolution No. 3250), at ihe time of the signing of this Agreement, and the conditions of employment shall be improved wherever specific provisions for improvement are made elsewhere in this Agreement_ 2.3 Discrimination; The Employer will not interfere with, restrain or coerce the employees covered by this Agreement because of inembership in or activity on behalf of the Union. The Employer will not discriminate in respect to hire, tenure of employment or any term or condition of employment against any empioyee covered by this Agreement bec�ause of inembership in or activity on behalf of the Union, nor will it discourage or attempt to discourage membership in the Union, or attempt to encourage membership in another Union. � � 9�-�J-s � C� � ARTICLE 3. UNION RIGHTS 3. i The Union may designate employees within the bargaining unit to serve as Union Stewards and shall be required to administer this Agreement. 3.2 The llnion shall furnish the Emptoyer and appropriate department heads and District Negotiator with a Iist of Stewards and alternates, and shall, as soon � possible, notify said appropriate District officials in writing of any changes thereto. Only those who are Officers and Stewards shaii be recognized by the Employer for the purpose of ineetings. 3.3 There shatl be no deduction from the pay of a Steward when directly involved i n meetings with management relating to the administration of this Agreement during working hours. 3.4 Designated Union representatives shall be permitted to visit employees on job sites and at department buildings during working hours for the purpose of the administration of this contract, so long as the Union representative does not interfere with the completion of the employees' job duties. 3.5 Shoo Steward: The Chief Steward or Assistant Chief Steward in the District w i I I be allowed to accompany an employee io meet with the Employer during regular working hours for the purpose of grievance review and dispute resolution invoiving employees, under the following conditions: 3.5.1 3.5.2 3.5.3 3.5.4 3.5.5 That only one employee from any one department be allowed to leave his/her work. That stewards wilt attend these meetings on their own time when they are held outside of regular working hours. That adequate notice is given to the supervisors so that permission may be obtained from the Facility Operations Office. That the steward has officially been designated as such by the Union. Only the chief or assistant chief steward shall be excused for participation in grievance and/or dispute resolution meetings. 3.6 A maximum total of eighty (80) hours without loss of pay per contract term w i l l be allowed for the combined use of a maximum ot four (4) shop stewards to participate in contract negotiations, mediation, or arbitration meetings which are held during the regular working hours of any of the stewards. It is understood that Union and the Employer will, to ihe greatest extent possible and reasonable, schedule such meetings outside regular working hours, and stewards will attend the meetings when this is the case on their own time. 3.7 Union Conventions: Duly-elected Union delegates shall be granted time off without pay for one (1) week to attend such convention. Vacation or compensatory time may be used for this purpose. The Union shali give at least ten {10) working days' advance notice of the employees who will be participating in such conventions. � ��+� ARTICLE 3. UNION RIGHTS (continued): 3.8 Dues. Fair Share � 3.8.1 Dues: The Employer agrees to deducf 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 Unio� and the aggregate deductions of all employees 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 is possible. 3.8.2 Fair Share: 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 shaii the required contribution exceed a pro rata share of the specific expenses incurred for services rendered by the representative in relationship to negotiations and administration of grievance procedures. This provision shall remain operative only so long as specificaliy provided by Minnesota law, and as otherwise legal. 3.8.3 The Union will indemnify, defend, and hold the Employer harmless against any claims made and against any suits instituted against ihe � District, its officers or empioyees, by reason of negligence of the Union in requesting or receiving deducYions under this Article. The District will indemnify, defend, and hold the Union harmless against any claims made and against any suits instituted against the Union, its officers o r employees by reason of negtigence on the part of the Empioyer i n making or forwarding deductions under this Article. 3.8.4 The Employer will notify the Union in writing of ail new employees covered by this Agreement within a reasonable time period of the employee's first day of work. The Employer will notify the Union at regular intervals regarding employee status changes, including unpaid leave, promotion, demotion, resignation, layoff, and/or retirement. � �- y1S ARTICLE 4, TEMPORARY EMPLOYMENT (Effective July 1, 1993) • Effective July 1, 1993, the District and Union acknowledge three types of temporary employment: Casual Service, Short-term Service, and Extended Service. All persons employed in any temporary status or any extension of temporary service must knowing4y consent to such extension and compiete a Temporary Employment Certification Form acknowledging the temporary nature of the assignment. All perso�s employed in any temporary status will be members of the bargaining unit following the completion of sixty-seven (67) workdays, and have the terms and conditions of employment set forth in this Article. An extension of temporary assignment dces not create any continuing employment rights for the temporary employee. 4.1 Casual Service Temporary Employment: Casual Service Temporary Employment will be characterized by assignments that are less than sixty-seven (67) days in duration, and the terms and conditions of employment are established solely by the Employer. These are not positions covered by the bargaining unit. Work assignments will typically be overflow work which serves as an extension of, and not a replacement for, the normal workforce of regular empioyees. 4.2 Short-Term Temoorary Empioyment: 4.2.1 Short-term Temporary Empfoyment wili be characterized by an initial employment assignment for up to 1,040 hours. One extension for up to an additional 1,040 hours wiil be permiited. A copy of the completed � Temporary Employment Certification Form signed at the time of the extension wiil be sent to the Union. 4.2,2 Short-term Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.2.3 Short-term Temporary employees will receive paid time off for the named holidays in Article 17, exctuding any floating holidays. 4.2.4 There shaii be no other access to contractual benefits except � specifically stated in 42.3 above. 4.2.5 Short-term Temporary Employment work assignments typically w i I I serve as short-term replacements for positions normally filled by regular employees. 4.2.6 Such assignments will normally be to cover for the following conditions: a) regular employees on paid leave, . b) regular empfoyees on non-compensatory leaves with guaranteed return, c) vacancies in job ciasses where there is no list ot eligibie candidates in place from which to make regular appointments, d) positions that are of specific limited duration of less than twelve (12) months in duration, � e) other similar assignments. 5 �.�� ARTICLE 4. TEMPORARY EMPLOYMENT (continued}: 4.3 Extended Service Temnorary Employment; • Extended Service Temporary Employment will be characterized by temporary employment which requires assignment beyond 2,080 hours, but is nevertheless temporary in �ature. 4.3.1 If the District determines the assignment for a Short-term Temporary employee must be eutended beyond 2,080 hours, the assignment will be considered an Extended Service Temporary assignment. 4.3.1.1 The District, Union and temporary emptoyee must agree to any Short-term Temporary Employment that is to be extended beyond 2,080 hours. 4.3.1.2 The District, Union and temporary employee wili sign the Temporary Employment Certification Form acknowledging the temporary nature of the assignment. 4.3.7.3 Upon agreement, the temporary employee will be considered an Extended Service Temporary employee. 4.3.2 Exkended Service Temporary employees will be paid at the current minimum hourly rate in Appendix A for the job class hired. 4.3.3 Eutended Service Temporary employees will have access to contractual " � benefits as described in 4,3.3.1 through 4.3.3.4 below. The benefits i n 4.3.3.1 through 4.3.3,4 wiil be effective the first full pay period after the completion of the first 2,080 hours in temporary status and aiter the signing of the Temporary Empioyment Certificafion Form. 4.3.3. i Paid sick leave time shall begin to accrue for ali hours on the payroll, based on a formula ot .0576 ho�rs time earned for each straight-time hour on the payroll, Maximum accrual ailowed is 200 hours. There is no exchange of accrued unused sick leave for cash paymenf. 4.3.3.2 Paid personal leave time shall begin to accrue (as vacation), for all hours on the payroli, based on a formula of .0385 hours time earned for each straight-time hour on the payroll. 4.3.3.3 The employee sfiall have access to paid hoiidays as provided i n the labor agreement in Article 17, Seciion 17.5. They shatl also have eligibility for the two {2) floating holidays as identified in Article 17, Section i7.1, through December 31, 1996. � 0 �� y�s ARTICLE 4. TEMPORARY EMPLOYMENT (continued): � 4.3.3.4 The employee shall be eligible for participation in and Employer contributio� to health care coverage and life insurance coverage as provided for active regular employees in Article 16, Sections 16.$.1 and i6.13.1. Temporary employees will be required to contact the Benefits Off+ce to apply fior appropriate benefits. No access or benefii beyond these specified sections is granted or aeated or intended or � implied. Any cost of any premium for any District-offered empioyee or famiiy insurance coverage in excess of the specified District maximum contribution limits shall be paid by the employee via payroll deduction. 4.3.4 There shall be rw other access to contractual benefits except those specifically staied in 4.3.3 above. 4.3.5 An Extended Service Temporary employee who, through the appropriate merit based examination procedures, becomes employed as a regular employee covered by this Agreement during the period of Extended Service Temporary Employment shail have hislher period of temporary employment in excess of the initial 1,040 hours recognized toward compfetion of the probationary service requirement in the regular appointment. � 4.4 None of the provisions of this Arficle shall have any retroactive effect for any empioyee in any temporary employment status prior to the effective date of this Article, July 1, 1993. 4.5 No access to continuing employment is created or intended by any provisions of this Articie. � �-�—�{c5 ARTICLE 5. SENIORIlY 5.1 General class seniority; Ciass seniority shail be determined based on the � continuous length of probationary and regular service with the Employer (Independent School District No. 625, Saint Paul Public Schools) from the date the empioyee was first appointed to a job ciass covered by this Agreement. Class seniority shall be understood to be on an Employer-wide (District-wide) basis within eachjob class unless expressly siated otherwise. In cases where two or more employees are appointed to the same c(ass title on the same date, the seniority shall be determined by the employee's rank on the eligibte list from ' which certification was made. 5. i.1 It is further understood that only time worked for the Employer (Saint Pau! Public Schools) shall be considered for the purpose of seniority calculations. The only exception is for regular employees currentiy employed by the Employer as of July 1, 1993, who have accrued time in a job class represented by the Union in service with the City of Saint Paul prior to July 1, 1993. For those regular empioyees, the time in such job class with the City of Saint Paul w i I I continue to be considered as time with ihe Empioyer. If, however, the employee has a break in employment with the Employer, (i.e., termination, resignation, retirement) thereafter, i f re-employed, only ihe time following the employee's subsequent rehire to the Employer will be considered for purpose of seniority calculation. 5.1.2 An unsuccessful completion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall � not be considered a break in employment with the Employer. A successful completion of probationary period for a position with the City of Saint Paul by any employee covered by this Agreement shall be considered a break in employment with the Employer. 5.2 Class seniority determination for workforce reductiorts: In the event that the Employer determines that it is necessary to reduce the workforce, employees wiil be laid off in inverse order of class seniority in the job class from which the reduciion is to occur. The Employer must terminate the employment of all temporary and provisional employees in that job class before any regular employee in that job class is laid off. 5.3 Class seniority determination for placement following a workforce reduction: For purposes of this Section, the job classes covered by this Agreement (excluding Custodian-Engineer Trainee and abotished job classes} shall be considered one job class series. The job class with the highesi rate of pay shown in Appendix A shall be the highest level job class in the series. The job class with the next highest rate of pay shown in Appendix A shall be the next highest level job class in the series, arid so on down to the last job class. When the number of empioyees in higher level job classes is to be reduced, employees w i I 1 be oHered reductions to the next highest level job c(ass, whether or not the employee previously was appointed to such job class, in which class seniority would keep the employee from being laid off. � 0 �� 1�5 ARTICLE 5. SENIORITY (continued): • 5.3 Ciass seniority deiermination for placement following a workforce reduction (continued): it is understood that an employee being reduced shall have that employee's class seniority in his/her current job class (and any appropriate class seniority i n any lower levei job class that the employee previously held) used to determine rights to positions at tt�e time of the reduction. Thereby, employees whose positions are to be reduced shali have the right to displace employees with less class seniority in that job ciass. The empioyee with ihe least class seniority i n the job class shall then be reduced to the naxt lowest title for which the employee has more seniorily than the feast senior employee in that job class. Empioyees being reduced shall not have the ability to reduce to abolished job classes shown in Appendix A, unless the empioyee was previously appointed to such job class, has no breaks in empioyment since appointed to such job class, and there remain employees actively empioyed in that job class at the time of the layoff. 5.4 Recall from workforce rerluctions: Recall from workforce reduction shall be in order of class seniority within ihe job class from which the layoff occurred. However, recall rights shali expire after two (2) years from the date of the layoff. 5.5 Class seniority determination foliowing voluntary reduction: In the event that an employee requests a voluntary reduction to a lower level job class, and such request is approved by the Human Resource Department for the Employer, then � the employee's cfass seniority in the job class to which the employee is being reduced shatl be the continuous length of probationary and regular service with the Employer from the date the emplayee was first appointed to the job class in this Agreement to which the empioyee will be reduced (this would also inciude any continuous service time in higher level job classes covered by this Agreement). If the empioyee is reduced to a lower level job class not previously hefd, then the employee's ciass seniority in the job class to which the empfoyee is being reduced shail be the continuous length of probationary and reguiar service with the Employer from the date the empioyee was first appointed to any higher levei job class covered by this Agreement. Voluntary reductions will only be approved if the reduction is to a vacant position in a lower level job class. It is understood that the employee wiil have no reinstatement rights back to the former higher level job ciass following the voluntary reduction. If the employee is reappointed to the higher level job ciass through the appropriate testing and selection procedures, then the employee's class seniority in that job class will begin as if new{y appointed to that job class. No employee will have the ability to voluntarily reduce to any of the abolished job classes shown in Appendix A. �� -� �� ARTICLE 5. SENIORITY (conlinued): 5.6 Seniority for Bidding on Location 5.6.1 Bidding for location: Annually, after the beginning of the school year, the Office of Facility Operations wiH post a listing of vacant positions i n the job classes Light-Duty Custodian`, Custodian*, Facility Services Worker, and Custodian-Engineer 1, with the lacations of the vacancies. Empioyees who have been certified and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bids for assignments witl be honored in order of class seniority in that job class providing the empioyee is qualified for the assignment. No other positions are posted for bid. Vacancies in new buildings will be open to bidding only by employees who have had satisfactory or higher performance ratings for at least ihe preceding year. Custodian-Engineer 1 vacancies in new buildings will be listed only to allow employees in that job class to express interest in being cons+dered by submitting a letter to the department he�ad. a) Additional vacancies in the specified year will be similarly posted for additional times during the year, vacancies available. job classes during the schooi bidding at least four ( 4) if there are appropriate b) M employee who has been reassigned as a resutt of the bidding process is not eligibie for any further bidding for at teast one ( 1) year. An employee whose shift is changed significantty on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again in the same year. c) Nothing in this provision shall be construed to limit the right of the Employer to transfer an employee to another location without bidding if there is reason to do so. 5.6.2 When ihere is a reduction irt the number of positions in a job ciass at a specific building, but the overall number of positions in the job class District-wide has not been reduced, then classification seniority applied District-wide will be used to determine who is transferred out of that building. 5.6.3 If any full-time employee's position at a specific building is eliminated and/or changed to require the empioyee be scheduled to regutarly perform work in two buildings, the newly assigned employee wiii: a) Have the employee's class seniority recognized in the second building(s). • � � 10 9�- �� ARTICLE 5. SENfORiTY (continued): • 5.6.3 (continued): b) Have the employee's class seniority recognized in the new building(s) and may use such class seniority in the new building(s) assignment for purpose of displacing the employee with the least class seniority in the same classification from that employee's scheduled shift, providing the newly assigned employee has more class seniority than the employee being displaced. Fuii-time employees may not dispiace part-time employees, a�d part-time empioyees may not displace full-time employees. c) Retain the right to reclaim that employee's original position in the first location shauld it reopen in the ne�ct thirteen (13) months, provided the employee has not accepted a position through any bid process. 5.6.4 Effective March 1, i997, a full-time employee whose position is eliminated and who is assigned to a"floater" assignment in the employee's job class, at that time, shall have the right to displace the least senior employee in the same job class who hoids a building assignment. If a`Yioate�" position remains as an availa6le vacancy, the dispiaced least senior employee can be reassigned to a`Yloater" position in the same job ciass. A fufl-time employee whose position is eliminated and who is placed in � an assignment in the employee's job cfass that is more than two ( 2) hours different than the shiit assignment prior to the position elimination, at that time, shali have the right to displace the least senior employee in the same job class who holds a shift assignment that is within two (2) hours of the shift assignment prior to the position elimination. If a"floater" position remains as an available vacancy, the displaced least senior employee can be reassigned a"floater" position in the same job class. 5.7 Seniority for Shift Seiection: 5.7.1 All shifts and work areas are determined by the Employer. Nothing i n this Section 5.7. should be construed to limit the right of the Employer (department head or designee) to change an employee to another shift o r work area ii there is reason to do so, 5.7.2 There is no building seniority status tor the purpose of bidding on locations or shifts. 5.7.3 When a shift adjustment of more than two (2) hours earlier or later is made bythe Employer, and is planned to continue for more than thirty (30) working days, then shift assignment for employees in that building in the classification of the adjusted shift shall be re-bid. Ciass seniority shall be the determining factor, so long as the employee is qualified and able to perform the duties of the assignment. � 11 ��-�l� ARTICLE 5. SENIORITY (continued): 5.7 Seniority for Shift Selection (continued): � 5.7.4 When a vacancy occurs in a building, the opening wili not be offered for bid in the building. Piant Pianning and Maintenance wiil review and determine any schedule or classification change, and whether the vacancy will be filled. If the vacancy is to be filled, the position w i I I then be offered for location bid pursuant to Section 5.6.1. of this Article. 5.7.5 When a shift change of more than four (4) hours occurs in a position or several positions, then the position(s) shall be offered for bid pursuant to 5.6.1 of this Article. An employee displaced by the re-bid shall be eligible to bid for any other vacancy in that year even if the employee had successfully bid earlier in the same year prior to being displaced. 5.8 Seniority Termination: Afl seniority shall terminate when an empioyee retires, resigns or is terminated. 5.9 Seniority Consolidation: Effective August 1, 1993, the job ciasses Custodian* and Facility Services Worker wil� he treated as a singfe job class for purposes of: 5.9.1 Layoff and recail rights determination, except for the limitations on rights to abolished titles as described in 5.3 of this Article. 5.9.2 Bidding on work location as described in 5.6 of this Article . 5.9.3 8idding on shift selection within a tocation as described in 5.7 of this Article. 5.9.4 Job assignment as determined by the Employer within any location . ARTICLE 6. MANAGEMENT RIGHTS 6.1 The Union recognizes the right of the Employer to operate and manage its affairs in all respecis in accordance with applicable laws and regulations of appropriate authorities. The rights and authority which the Employer has not officially abridged, delegated or modified by this Agreement are retained by the Employer. 6.2 A public employer is not required to meet and negotiate on matters of inherent managerial policy, which include, but are not limited to, such areas of discretion or policy as the functions and programs of the Employer, its overall budgat, utilization of technology, and organizational structure and selection and direction and number of personnel. C� 12 ��- �l� • ARTICLE 7. HOURS AND PREMIUM PAY 7.1 Definitions: The purpose of this Section is to provide a basis for computation of straight time, overtime, and other wage calculations, and nothing in this Article shafl be construed as a guarantee or commitment by the Employer to any individual emp{oyee of a minimum or maximum number of hours of work. 7.1.1 Week: A week shall consist of seven (7) consecutive days beginning at 12:01 A.M. on Monday and ending at 12:00 midnight the following Sunday. 7.1.2 Day: A day shall consist of twenty-four (24) consecutive hours beginning at 12:01 A.M. at the start of a calendar day and ending at midnight of that day. 7.1.3 Normai Work Schedule: The normal work schedule for employees covered by this Agreement shall consisi of forty (40) haurs or work scheduled on five (5) consecutive eight (8) hour workdays. The department head, with the concurrence of the Union, may modify the work schedule to consist of forty (40) hours of work schedufed on four (4) consecutive ten (10) hour workdays. The hours worked in a day shall be consecutive excluding any unpaid lunch period scheduled during the employee's assigned workday. The unpaid Iunch period may not exceed one (1) hour in length. � 7.2 Cali-In Pay: When an employee is called to work, the employee shall receive two (2) hours of pay at the employee's normal hourly pay rate if the empioyee reports to work as called and is then not put to work. If the employee is called to work and commences work, ihe employee shail be guaranteed four (4) hours of pay at fhe employee's normai hourly pay rate. These provisions, however, shail not be effective when work is unable to proceed because of adverse weather conditions; nor shall these provisions apply to temporary employees nor to any person whose regularly-scheduled workday is less than four (4) hours per day. 7.3 Overtime: Work performed in excess of forty (AO) hours of work in a normal work schedule or eight (8) hours of work in a normal workday wiil be considered overtime. Overtime work shall be done only by order of the department head. Overtime shali be paid at the rate of one and one-half (1 -1 / 2) times the employee's current hourly pay rate. Employees assigned to work on four (4) consecutive ten (10) hour workdays shall receive overtime pay for work in excess of ten (10) hours in the workday. The overtime compensation due the employee shall be paid at the rate herein cited, or by granting compensatory time on a time and one-half basis if mutualiy agreed to by the District and the employee. �� 13 ��-�� ARTICLE 7. HOURS AND PREMIUM PAY (continued): 7.4 Pr�mium Pav for Shift Differential. Effective March 4. 1995: Any employee � who works on a regularly-assigned shift which begins after 1:00 p.m., shall be paid a shift differential for the entire shift. The shift differential shail be five Percent (5%) oi the base rate, and shall be paid only for those late shifts actually worked. 7.5 Soeciai Dutv Pav: Employees assigned to work in the speciaf duty category of custodial worker shaii be paid at ninety percent (90%} of the rate paid for positions in the Custodian' job ciass. 7.6 Lonaevity Pav: Employees who have completed twenty (20) full-time equivalent years of service with the Employer shall receive an additional $.15 (15�j per hour above the normal hourly rate of pay, ARTICLE 8. lEAVES OF ABSENCE 8.1 Leave of Absence: After three {3) months of empioyment, an employee may make application for a leave of absence without pay or employer-paid benefits not to exceed one (1) year. Requests for leave of absence shall be submitted to � the Human Resource Department for consideration not less than sixty (60) days prior to the requested date of the leave. Granting of such leaves will be subject to the operationaf needs and approval of the Employer. 8.2 Sick Leave: Sick leave shaii accumulate for regularly appoinfed empioyees af Yhe rate of .0576 of a working hour for each full hour on the payroil, excluding overtime. In no case shall sick leave with pay be granted in anticipation of any future accumulation. Sick leave accumulation is unlimited. To be eligible for sick leave, the employee must call his/her supervisor to report the illness as described in 8.5 of this Article. 8.3 Using Sick Leave Credits: Any empioyee who has accumulated sick leave credits as provided above shall be granted leave with pay for such time as the appointing supervisor deems necessary for any of ihe following reasons: 8.3.1 Sickness or injury of the employee. 8.3.2 Death of the empioyee's mother, father, spouse, child, brother, sister, mother-in-law, Father-in-law, or other person who is a member of the household. 8.3.3 Effective March 1, 1995: One day of sick leave use may be approved by the supervisor in the event of death of the employee's brother-in-law, sister-in-law, stepparent, stepchild, stepbrother, or stepsister. � 14 9�- ��s �J ARTICLE 8. LEAVES OF ABSENCE (continued): 8.4 Employees may be granted sick leave for such time as is actualiy necessary for the following: 8.4.1 OHice visits to physic+ans, dentists, or other health care personnel. 8.4.2 In the case of sudden sickness or disability of a household member, up to four (4) hours for any one instance. Effective March 1, 1997, up to eight (8} hours may be used for any one instance. 8.4.3 Up to three (3) days of accumulated sick leave may be used in a contract year to allow the employee to provide necessary care for the serious o r critical illness of a spouse, or dependent parent. These days when used are deductible from sick leave, and verification of iliness may be required. r1 LJ 8.5 Requesting Sick Leave: No sick leave shaif be granted for the above reasons unless the employee reports to hislher supervisor the necessity for the absence no taterthan one (1) hour before hisJher regular scheduled starting time. For an employee whose shift begins after 11:00 A.M., the employee must call his/her supervisor to report the illness by 10:00 A.M. The employee must call his/her supervisor on each day of the illness by the times specified, unless the requiremeni to call in is waived by the supervisor after verification of extended illness. Sick {eave will not be granted to any employee who does not properiy report the necessity for the absence, unless he/she can show to the satisfaction of the supervisor that the failure to report was excusable. Empioyees wili be required to provide medical verification of the illness at the discretion of the supervisor. 8.5.1 SiGk Leave - Medical Verification: Employees wiil be required to provide medical verification of the iitness at the discretion ot the supervisor, and especially noting the foliowing circumstances: ( 1) An employee who used more than ten (10) sick days per year is likely to be required to provide medical certification of illness. ( 2) Absences which refteet a pattern are likely to result in a medical certification requirement. Euamples: ( a) Frequent absences on Fridays and Mondays. ( b) Absences precedinglfoliowing recognized holidays. ( 3) Reasonable cause to suspect that sick leave is being requested inappropriately is likely to result in certification requirement. � After the end of every school year, there will be a review of the medical certification requirement for all affected employees unless the requirement has been in place less than nine (9) months. This review may or may not result in a change of the medical certification requirement. 15 ��,�i� ARTICLE S. LEAVES OF ABSENCE (continued}: 8.6 �ick Child Care: An employee who has worked for the District for at least � iwelve (12) consecutive months for an average of twenty (20) or more hours per week prior to the leave request may use accumulated personal sick leave credits for absences required to care for the employee's ill child. Sick leave for sick child care shatl 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 Minn. Stat. § 181.9413 and shall remain available so long � provided in statute. 8.7 Family Medical Leave: Leaves of ahsence shall be granted as required under the federal law known as the Family and Medical Leave Act (FMLA) so long as i t remains in force. The Human Resource Department provides procedures. 8.8 An employee shall be paid under the provisions of this paragraph only for the number of days or hours for which he/she wo�ld normally have been paid i f he/she had not been on sick leave. 8.9 No employee shall be granted sick leave with pay for treatment of chemical dependency more than twice. 8.10 Sick LeaveConversion: Sick leave accumulated in excess of 1,440 hours may be converted to paid vacation time at a ratio of two (2) hours of sick leave time for one (i) hour of vacation time, to a mauimum of five (5) regularly-assigned workdays (not to exceed a total of forty [40] ho�rs) in any year. � 8.10.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time. 8.11 Maternitk/Parental Leave: Maternity is defined as the physicai state of pregnancy of an employee, commencing eight (8) months before the estimated date of childbirth, as determined by a physician, and ending six (6) months after the date of such birth. In the event ot an employee's pregnancy, the employee may appiy for leave without pay at any time during the period stated above azxl the Employer may approve such leave at its option, and such leave may be no longer than one (1} year. Parental Ieave sfiall be granted to employees for the birth or adoption of a child in accordance with applicable state and federal laws. � 16 9�-�1� ARTICLE 9. MILITARY LEAVE OF ABSENGE • 9.1 Pay Allowance: Any employee who shatl be a member of the Nationai Guard, the Naval Militia or any other component of the militia of the state, now or hereafter organized or constituted under state or federal law, or who shall be a member of the Officers Reserve Corps, the Enlisted Reserve Corps, the Naval Reserve, the Marine Corps Reserve or any other reserve component of the military or naval force of the United States, now or hereafter organized or constituted under federal law, shall be entitled to leave of absence from employment without loss of ' pay, seniority status, efficiency rating, vacation, sick leave or other benefits for all the time when such employee is engaged with such organization or component in training or active service ordered or authorized by proper authority pursuant - to law, whether for state or tederal purposes, provided that such leave shall not exceed a total of fifteen (15) days in any calendar year and, further, provided that such leave shall be allowed onfy in case the required military or naval service is satisfactorily performed, which shali be presumed unless the contrary is established. Such leave shall not be allowed unless the employee: (1) returns to his/her position immediately upon being relieved from such military or naval service and not later than the expiration of time herein limited for such leave, o r (2) is prevented from so returning by physicai or mentai disability or other cause not due to such employee's own fault, or (3) is required by proper authority to continue in such military or naval service beyond the time herein limited for such leave. 9.2 Leave without Pay: Any employee who engages in active service in time of war o r other emergency declared by proper authority of any of the military or navai � forces ot the state or of the United States for which leave is not otherwise alfowed by law shall be entitled to leave of absence from employment without pay during such service with right of reinstatement and subject to such conditions as are imposed by law. 9.3 Such leaves of absence as are granted under Article 9 sha{i conform to Minnesota Statutes, Section 192, as amended from time to time, and shall confer no additional benefits other than those granted by said statute. ARTICLE 10. COURT DUTY 10.1 Any employee who is required to appear in court as a juror or witness shail be paid hislher regular pay while so engaged, provided, however, that the employee is not appearing as a witness in litigation undertaken by the employee or the Union against the District; further, any fees that the employee may receive from the court for such service shali be paid to the Employer and be deposited with the District Office of Business and Finance. Any empioyee who is scheduled to work a shift other than the normal daytime shift, shall be rescheduled to work the normal daytime shift during such time as the employee is required to appear i n court as a juror or witness. • 17 ��- �li� ARTICLE 11. SEVERANCE PAY 1 1.1 The Employer shall provide a severance pay program as set forth in this Article. � 11.2 To be eligible for the severance pay program, an employee must meet the following requirements: 11.2.1 The employee must be fifty-five (55) years of age or older or must be eiigibte for pension under the "Rule of 85" or the "Ruie of 9 0" provisions of the Public Emptoyees Retirement Association {PERA}. The "ftule of 85" or the "Rule oi 90" criteria shall also apply to employees covered by a public pension plan other than PERA. yy.2.2 The employee must be voiuntarily separated from School District emptoyment 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 nat eligible for this severance pay program. t 1.2.3 The employee must have at least ten (10) years of consecutive service under the classified or unciassified Civit Service at the time of separation. For the purpose of this Article, employment in efther the City of Saint Paui or in Independent School District No. 625 may be used in meeti�g this ten (10)-year service requirement. 11.2.4 The employee must file a waiver of re-employment with the Director of Human Resources, which witl cieariy indicafe that by requesting � severance pay, the employee waives att ciaims to reinstatement o r re-employment (of any type) with the City of Saint Paul or with Independent School District No. 625. 11.2,5 The emptoyee must have accumulated a minimum of sixty (60) days of sick leave credits at the time of his separation from service. 11.3 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-haif (1 /2) of the daily rate of pay for the position held by the employee on the date of separation for each day of accrued sick leave subject to a maximum of $7,500. 1 1. 4 For the purpase 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. 11 .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 a separation of employment, and such transferee shaii not be eligibie for this severance program. � 18 ��-��s � J � ARTICLE 11. SEVERANCE PAY (continued): t i.6 The manner ot payment of such severance pay shall be made in accordance with the provisions of the Schooi District Severance Pay Plan aiready in existence. 11 .7 This severance pay program shafl be subject to and govemed by the provisions of the original School District Severance Pay Plan (which allows $4,000 maximum payment) except in those cases where the specific provisions of this Article conflict with said Severance Pay Plan and in such cases, the provisions of this Article shall control. 11 .8 The provisions of this Article shall be effective as of January 1, 1984. 11.9 Any employee hired prior to December 31, 1983, may, in any eveni, and upon meeting the qualifications of this Article or the original School District Basic Severance Pay Plan (which aliows $4,000 maximum payment), draw severance pay. However, an election by the employee to draw severance pay under either this Articie or the basic School District Severance Pay Plan shall constftute a bar to receiving severance pay from the other. Any empioyee hired aSter December 31, 1953, shall be entitled only to the benefits of this Article upon meeting the qualifications herein. ARTICLE 12. MILEAGE - INDEPENDENT SCHOOL DISTRICT NO. 625 12.1 Employees of the School District under policy adopted by the Board of Education may be reimbursed for the use of their automobiles for school business. To be eligible for such reimbursement, employees must receive authorization from the District Mileage Committee utilizing the fo{{owing plan: PLAN A: Effective rate approved by the Board of Education or 28¢ per mile, whichever is greater. Effective December 1, 1996, the rate will be the current rate approved by the Board or 31¢ per mile, whichever is greater. In addition, a maximum amount which can be paid per month is established by an estimate furnished by the employee and the employee's supervisor. Another consideration for establishi�g the maximum amount can be the experience of another working in the same or similar position. Under this plan, it is necessary for ihe employee to keep a record of each trip made. � ARTICLE i 3. SUPERVfSORY ASSIGNMENT 13.1 An engi�eer who is assigned to supervise other employees will be at least one title higher in the series than the employees he(she supervises. 19 ��-`�t5 ARTICLE 14. WORKING OUT OF CLASSIFICATION 14.1 For purposes of this Article, an out-of-class assignment is defined as an � assignment of an employee to pertorm, on a full-time basis, all of the significant duties and responsibilities of a position different from the employee's regular position, and which is in a classification higher than the classification held by such employee. 14.1.1 The Employer shatl avoid, whenever passible, working an empioyee on an out-oi-class assignment for a prolonged period of time. Any employee working an out-of-class assignment for a period in excess of fifteen (15) consecutive working days sha!! receive the rate of pay for the out-of-class assignment in a higher classification beginning on the sixteen (16th) consecutive working day of such assignment. The rate of pay far an approved out-of-ciass assignment shali be the same rate the employee would receive if such employee received a regular appointment to the higher classification. 14.1.2 When an employee is assigned to fill in and cover the duYies of a higher ctassification for a period of time which dces not exceed tifteen (1 5) consecutive working days, the employee shall be considered a short-term crew leader and shail be eligible for premi�m pay under these stated conditions: a) Short-term crew leader is defined as the assignment of an employee to cover the significant duties and responsibilities of a � higher classification than the employee's own classification for at least one (1 } fu(i workday, and not more than fifteen (1 5) consecutive workdays. b) The premium pay shall be applicable only on student contact school days as shown on the District school year calendar, i n facilities where students are present. Summer school days are inc(uded only in facilities where officially scheduled and designated summer school programs are occurring. c) The premium pay shalt be applicable oniy for futi workdays of such assignment, not for a partial day. d) When an employee reaches 4he sixteenth (16th) consecutive working day of short-term crew leader assignment, the premium pay shall no longer be appiied and the employee shall be shifted to out-of-class assignment and paid under 14.1.1 above. There shai( be no retroactive pay adjustment or out-of-ciassification payment beyond the stated crew leader premium. � U F��: ��-�s � r� LJ C_� ARTICLE 14. WORKING OUT OF CLASSIFICATION (continued): e) Premium pay rates for the added responsibility of the short-term crew leader assignment are stated in a cents-per-hour formula above the employee's regufar hourfy rate as foilows: Premium Identification CL-A Assignment Descrpiion Assigned to cover duties one (1) class higher Assigned to cover duties two (2) classes higher Assigned io cover duties three (3) classes higher Assigned to cover duties four (4) classes higher Premium Amount $.20 per hour CL-B CL-C CL-D 21 $.30 per hour $.40 per hour $.50 per hour ��- ��1� ARTICLE 15. DISCIPLINE i 5.1 The Employer witl discipiine employees for just cause oniy. Discipiine wi(I be in the form of: 15.1.1 Oral reprimand; 15.1.2 Written reprimand; 15.1.3 Suspension; 15.1.4 Reduction; 15.1.5 Discharge. 15.2 A notice in writing of Suspensions, Reductions, and Discharges shall be sent to Yhe employee and the Union seventy-two (72) hours after such action is taken. 15.3 Employees and the Union will receive copies of written reprimands and notices of suspension and discharge. 15.4 Employees may examine ail informafion in their Employer personnel file that concerns work evaluations, commendations and/or discipli�ary actions. Files may be examined at reasonable times under the direct supervision of the Employer. 15.5 Discharges wilt be preceded by a five (5)-day pretiminary suspension without pay. During said period, the Emp�oyee and/or Union may request and shatl be entitled to a meeting with the Employer representative who initiated the suspension with intent to discharge. During said five (5}-day period, the Employer may affirm the suspension and discharge in accordance with Civil Service Rules or may modify or withdraw same. 15.6 An employee to be questioned concerning an investigation of disciplinary action shall have the right to request that a Union representative be present. 15.7 Employees who are suspended, demoted or discharged shall have the right to request thai such actions be cortsidered a"grievance" for the purpose of processing through the provisions of Article 2Q (Grievance Procedure); as an alternative option, such employee can request a review, consistent with Minn. Stat_ § 179A.20, Subd. 4. Once an employee, or the Union aciing in the employee's behalf initiates review in one forum, the matter shall not be again reviewed in another forum. Oral reprimands shall be subject to the grievance review procedures through Step 3 only. An employee who elects the contractuai grievance procedure as the forum for review of a disciplinary action has not thereby waived any rights secured to him/her under Minn. Stat. § 197.46, other than the choice of forum for review. � � � 22 9�- �s �1 � ARTICLE SECT{ON 1 1.1 The Employer will continue for the period of this Agreement to provide for active employees such health and lite insurance benefits as are provided by Employer at the time of execution of this Agreement. 1.2 Eligi6ility Waiting Period: Six (6) tull months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for heaith and fife insurance provided herein. 1.2.i Effective January 1, 1997, three (3) full months of continuous regularly appointed service in Independent School District No. 625 will be required before an eligible employee can receive the District contribution to premium cost for heaith and life insurance provided herein. Full-Time Status: For the purpose of this Section, fuii-time employment is detined as appearing on the payroll regularly at least thirty-two (32) hours per week or at least sixty-four (64) hours per pay period, excluding overtime hours. 1.3 1.4 Half-Time Status: For the purpose of this Section, half-time employment is defined as appearing on the payroll regularly at least twenty (20y hours but tess than thirty (30) hours per week or at least forty (40) hours but less than ( 6 0) hours per pay pe�iod, excluding overtime hours. 16. EMPLOYEE BENEFITS ACTNE EMPLOYEE HEALTH WSURANCE � Regularly-scheduled hours are the daily hours which are specifically authorized . for the employee and assigned by the supervising administrator, and verified by the Human Resource Department, as the regular schedule. Occasiona! work time assigned in excess of the minimums stated in 1.3 and 1.4 shall not be construed as providing eiigibility for insurance premium payment. NOTE: Any empioyee who is regutarly scheduled for less than twenty (20) f u I I hours of work per five (5)-day week or who is scheduled irregularly is ineligibie for any benefits described in this Section. Nothing in this Agreement shal! be construed as a guarantee of any hours of work. u 1.5 EmRloyer Contribution Amount Full Time m{2loyees: Effective July 1, 1996, for each eligible employee covered by this Agreement who is employed full time and who selects employee i�surance coverage, the Employer agrees to contribute the cost of such coverage or $177 per month, whichever is less. For each eligible fuii-time empioyee who selects famiiy coverage, the Empioyer will contribute the cost oS sucfi family coverage or $305 per month, whichever is less. 1.5.1 Eftective January 1, 1997, for each eligible empfoyee covered by this Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute the cost of such coverage or $185 per month, whichever is less. For each eligibie futl-time employee who selects family coverage, the Employer will contribute the cost of such famify coverage or $320 per month, whichever is less. 23 ��y�5 ARTICLE 16. EMPLOYEE BENEFITS (continued): 1.5.2 Effective January 1, 1998, for eaCh eligible employee covered by this � Agreement who is employed full time and who selects employee insurance coverage, the Employer agrees to contribute ihe cost of such coverage or $795 per month, whichever is less. For each eligible f u I I- time empioyee who seiects fami(y coverage, the Employer w i I I contribute the cost of such family coverage or $330 per month, whichever is less. 1.6 Employer Contribution Amount--Half-Time Employees: For each eligible employee covered by this Agreement who is employed half time, the Employer agrees to contribute fifty percent (50%) of the amount contributed for full-time employees selecting employee coverage; or for each half-iime employee who selects family insurance coverage, the Employer will contribute fifty percent (50%) of the amount contributed for full-time employees selecting family coverage in the same insurance pian. 1.6.1 Notwithstanding Section 1.6 above, employees covered by this Agreement and employed half time prior to January 1, 1978, shall receive the same insurance contributions as a full-time employee. This Section 1.6.1 applies only to employees who were employed half-time during the month of December 1977 and shall continue to apply only as long as such employee remains continuously employed half time. 1.7 Life tnsurance: For each eligible employee, the Employer agrees to contribute � to the cost of $50,000 iife insurance coverage. The total premium contribution by the Employer for ait life insurance coverage shali not exceed $11.10 per month. This amount shatl drop to $5,000 of coverage (in the event of earfy reYirement) until the retiree reaches age 65; then alt Employer coverage shall lerminate. 1.8 Flexible S ep nding Account: It is the intent of the Employer to maintain during the term of this Agreement a plan for medicai and child care expense accounts to be availa6le to employees in this bargaining unit who are eligibie for Employer-paid premium contribution for health insurance for such expenses, within the estabiished legal regulations and IRS requirements for such accounts. 1.9 The contributions indicated in this Section 1, shall be paid to the Empioyer's group health and welfare plan. 7.10 Any cost of any premium for any Employer-offered employee or family insurance coverage in excess of the dollar amounts stated in this Section shaii be paid by the employee through payroll deduction. � 24 9�- �is ARTICLE i 6. EMPLOYEE BENEFITS, Section 2. (continued): • SECTION 2. RETIREMENT HEALTH INSURANCE AND TRANSITIONAL BENEFR Subd. 1 Required Conditions for Retirees (Age 65 and Over), Effective Juty 1, 1996 through June 30, 1997 1.1 Eligible and participating employees who retire on or after July 1, 1996, must meet the following co�ditions at the time of retirement to qualify for any continuing District contributions toward premium payment for heatth insurance at age 65 or over: 1.1 .1 Effective July 1. 1 996: Required conditions for empfoyee appointed to service in independe�t School Disirict No. 625 in a position within this bargaining unit prior to July 1, 1996: Eligib{e employees who were appointed to posRions within this bargaining unii prior to Juiy 1, 1996, and who retire on or after July 1, 1996, must meet the following conditions at the time of retirement to qualify for any District contributions of premium payment for health insurance or life insurance: 1.1.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. r� � 1.1.1.2 Employees retiring after July 1, 1996, must have completed the following service eligibility requirements prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. A. Employees hired before January 1, 1987, must have temained conlinuously employed by the District. For such employees or early retirees who have not remained continuously employed by the District of completed at least twenty (20) years of service with the District at the time of their retirement, the Employer will discontinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). n LJ Employees hired on or after January 1, 1987, must have completed twenty (20) years of continuous employment with the District. For such employees or early retirees who have not compfeted at least twenty (20) years of service with the District at the time of their retirement, the Empioyer will disco�tinue providing any health insurance contributions upon their retirement or, in the case of early retirees, upon their reaching age sixty-five (65). 25 ��-�(� ARTICLE 1 6. EMPLOYEE BENEFlTS, Section 2. (continued): Years of certified civil service time with the City ot Saint Paul eamed prior to July 1, 1996, will continue to be counted toward meeting the District's service requirement of this Subd. 1.1.12. Time worked with City of Saint Paul after July 1, 1996, will be considered a break in District empioyment. • 1.1.1.3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent School Oistrict No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 1.1.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District e�ense atter retirement. 1.1.1.5 The employee must make application through District procedures prior to the date of retirement in order to be e(igibfe for any benefits provided in this Section. 1.2 1.1.2 For employees appointed into service in Independent School District Na. 625 to positions within this bargaining unit after July 1, 1996, and who retire prior to July 1, 1997, there is no access to premium contributions for Retiree Health Insurance at age sixty-five (65) and over. Time worked in the City of Saint Paul prior to July 1, 1996, will not be treated as fndependent School District No. 625 time, for such employees. Retiree Age 65 and Over Healtfi Insurance: Employer Contribution Levels Effective July 1, 1996 through June 30, 7997 oniy For eligible empioyees who were hired and appointed into Independent School district No. 625 service prior to July 1, 1996, and who retire at agesixty-five (65) or later and who meet the health insurance eligibility requirements i n Subd. 1.1 or for early retirees who qualified under the conditions of Subd. 2.1 and who are eligible under the terms of the Medicare supplement policy provided in this Subd. 12, upon reaching age sixty-five (65) after retirement, the District will provide payment of premium contributions for a Medicare Supptement health coverage policy selected by the District. This provision is effective oniv for employees hired into service in Independent School District No. 625 before July 1, 1996, who retire by June 30, 1997, and who have not requested participation in any component of the TransiYional Plan in Article 7, Section 2, Subd. 3.1 of this Agreement following hereafter. This provision expires and is nuli and void after June 30, 1997. � . � 9�- yis C_� The employee must meet the foliowing conditions at the time of early retirement in order to be eligible for any payment of any insurance premium contribution by the Employer after his/her retirement (early retirement and subsequently after age sixty-five [65]): 2.1.1 Se receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District No. 625. ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): Subd.2 Early Retiree Provisions, Effiective July 1, 1996 through June 30, 1997 2.1 This provision will be available to eligible employees hired before July 1, 1996 and eligible employees hired on or after July 1, 1996, who retire before June 30, 1997, and meet the required conditions below. 2.1.2 Employees hired into District service before July 1 1996, and retiring afiter July 1, 1996, must have completed the following service eligibility requirements with Independent SChool District No. 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District atter retirement: � a Must be at least fifty-five (55) years of age and have completed twenty-five (25) years of service; or, � C The combination of their age and their years of service must equat eighty-five (85) or more; or, Must have completed at least thirty (30) years of service; or, D. Must have completed at least twenty (20) consecutive years of service within Independent School District No. 625 immediately preceding retirement. � Years of regular service with the City of Saint Paul will continue to be counted toward meeting the service requirement of this Subd. 2.1.2 A, B or C, but not for Suhd.2.1.2 D. ��'I �� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued}; CJ 2.1 .3 m lo s hired into District service on or after anua 1 1 , and retiring after July 1, 1996, must have completed twenty ( 2 0} years of service with Independent School District No. 625. Time with the City of Saint Paul will not be counted toward this twenty (20)-year service requirement. 2.1.4 A retiree may not carry his/her spouse as a dependent if such spouse is atso an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or i n any other Employer-paid health insurance program. 2.1.5 Additional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 2.1.6 The employee must make application through District procedures prior to the date of retirement in order to be eligible for any benefits provided in this Section. 2.2 Early Retiree Health Insurance: Employer Contribution Levels The District will for the period of this Agreement provide for employees who meet the eligibility requirements for health insurance in 2.1 above, who retire during the term of this Agreement, and untii such employees reach sixty-five (65) years of age, such health insurance premium contributions up to the same dollar amount as were made by the District for health insurance for single o r � family coverage by that carrier for an employee under this Agreement, i n his/her last month of active employme�t. in the event new carriers repiace those in place at execution of this Agreement, the doilar amounts being paid for single or family coverage to ihe carrier at the employee's date of retirement shall constitute the limit on future contributions. Any employee who is receiving family coverage premium contribution at date of retirement may not later claim an increase in the amaunt of the Employer obligation for single coverage premium contributions to a carrier after deleting family coverage. 2.3 Early Retiree Life Insurance: Employer Contribution Levels The District wiii provide for eariy retirees who qualify under the conditions of 2.1 above, premium contributions for eligible retirees for $5,000 of life insurance only urttil their 65th birthday. No life insurance will be provided, o r premium contributions paid, for any retiree age sixty-five (65) or over. � 28 �7- ��s ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): • Subd. 3. Retirement Benefits Transitional Plan Background Information: In the negotiation of this Labor Agreement for the 1996-1998 term, it was the intent of the parties to develop a long-range plan tor retirement benefits which could be available to employees and managed by the District on a currentiy funded benefit basis, and at the same time to gradually phase out the unfunded future financial liability being generated by the open-ended provision of ret+rement heafth insurance premium contribution identified in the above Subd. 1.2 of this Section. To that end, the Retirement Benefits Transitional Plan developed by the parties in this Subd. 3 describes a long-range ptan for accomp{ishing that goal by providing current active employees with the choice of one of three aliernative benefits available during or at the conclusion of their careers in this District, which if prudently used, can effectively serve the purpose of assisting the employee in financial planning and preparation for hisfher retirement. in addition, the plan design provides for future employees; i,e., those hired on or after July 1, 1 996, the opportunity (after completing three [3] full years of consecutive active servicey to participate in a deferred compensation savings pfan with specified Employer matching funds, which if prudently and consistently used, can effectively assist the employee i n financial planning for retirement. 3.1 Health Insurance Premium Contribution for ALL Early Retirees (i.e., before age sixty-five [65]). � Employees hired before July 1, 1996, and employees hired on or after July 1, 1996, who fulfill the specified following conditions tisted below will be eligible for District contribution to payment of premiums for health insurance coverage during early retirement (i.e., until the retiree reaches age sixty-five [65]) as provided in Subd. 2, Subparagraphs 2.2 and 2.3 of this Section. 3.1.1 Se receiving pension benefits from ihe PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School Districi No. 625. 3.1 .2 Employees hired before July 1, 1996, must have completed continuous empfoyment requirements in Subd. 2.1.2. Employees hired and �pt�ointed into Independent School District No 62 service on or aft r July 1 1996 must have completed twenty 2(_0� years of continuous employment with Indenendent School Dis rict No 625 prior to retirement in order to be eligible for any payment of any insurance premium contribution by the District after retirement. Time worked in City of Saint Paul will be counted only for rl Retiree premium contribution by the District for employees hired into Independent School DistriCt No. 625 service after July 1, 1996. lnsurance premium contribution for such empfoyees shall cease when the empioyee reaches age sixty-five (65). � 29 ��-Li�� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued): 3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is • also an Independent School District No. 625 retiree or Independent School District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or i n any other Emptoyer-paid heaith insurance program. 3.1.4 Additional dependents beyond those designated to the District at the time of retirement may not be added af the District expense after retirement. 3.1.5 The employee must make appiication through District procedures prior fo the date of retirement in order to be eligible for any benefits provided in this SecYion. 3.2 Deferred Compensation Plan for Employees Hired Into Independent School District No. 625 Service on or after July i, t996: 3.2.1 New employees hired on or after July 1, 1996, will after completing three (3) futi years of consecutive active service in Independent School District No. 625 to attain eligibility, be eligible to receive up to $500 per year of matching contributions to the Minnesota Deferred Compensation Plan, so long as the employee remains in continuous active service, up to a cumulative lifetime maximum of $12,500 total in matching contributions by the Districi. Part-time emp(oyees working half-time or more will be eligible for up to one half (50°/,) of � the available District match. Approved non-compensatory leave shall not be counted in reaching the fhree (3) fulf years of consecutive active service, a�d shall not be considered a break in service. Time worked in the CiYy of Saint Paul will not be counted toward this three (3)-year requirement. Federal and state rules goveming participation in the Minnesota Deferred Compensation Pian shaii apply. The employee, not the District, is solely responsible for determining his/her total maximum allowabie annual contribution amount under IRS regulations. THE EMPLOYEE MUST lNITIATE AN APPLICATION TO PARTICIPATE THROUGH THE DISTRICTS SPECfFIED PROCEDURES. 3.2.2 No employee hired on or after Juty 1, 1996, shail have or acquire in any way any eligibility for Employer-paid health insurance premium contribution for coverage in retirement at age sixiy-five (65) and over. Employees hired on or after July i, 1996, shail be eligible only for eariv retirement health insurance premium contribution as provided in Subd. 3.1. LJ 30 �i�- �/� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. {continued): � 3.3 Employees Hired into lndependent School District No. 625 service before July 1 , 1996. A choice among three (3) possible options is avai{able only to employees hired and appointed into Independent School Distriet No. 625 service before July 1, 1996. Oncethe employee makes a choice of one of these options, that choice is irrevocable, and the other options are no longer accessible to the employee at any time, for any reason. The options are Iisted here, and detailed i n the following subparagraphs: • Option 1 - Transitional Retiree Age 65 and Over Insurance Option • Option 2- Minnesota Deferred Compensation Plan Option • Option 3- Transitional Severance Allowance Option 3.3.1 �uired Conditions for ALL Retirees effective July 1 1996. Eligible employees who retire on or after July 1, 1996, must meet the conditions and eligibility requirements specified below in this Section 3.3.1 to be eligible for any of the options listed in 3.3 and in the following Subparagraphs. 3.3.1.1 Be receiving pension benefits from the PERA, the Saint Paul Teachers' Retirement Fund or other public employee retiree program at the time of retirement and have severed the employment relationship with Independent School District �, No. 625. 3.3.1.2 Employees hired before July 1, 1996, must have completed conti�uaus employment requirements in Subdivision 1.1.i.2 through Subdivision 1.1.1.5. Years of certified civil service time with the Gity of Saint Pau! earned prior to July 1, 1996, will continue to be counted toward meeting the DistricYs service requirement in this Subd. 3.3.1.2. Time worked with the City oS Saint Paul after July 1, 1996, wiil be considered a break in District employment. 3.3.1 .3 A retiree may not carry his/her spouse as a dependent if such spouse is also an Independent School District No. 625 retiree or Independent Schooi District No. 625 employee and eligible for and is enrolled in the Independent School District No. 625 health insurance program, or in any other Employer-paid health insurance program. 3.3.1 .4 Addftional dependents beyond those designated to the District at the time of retirement may not be added at the District expense after retirement. 3.3.1.5 The employee must make application through District procedures prior to the date of retirement in order to be • eligible for any benefits provided in this Section. 31 �?-`f l� ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (confinued): 3.3.2 Ootion 1- Transitional Retiree Age 65 and Over Insurance O�tion � Conditions: • An employee who has earlier elected to participate in Option 2- Minnesota Deferred Compensation Plan Option (3.3.3 below) is not eligible for this provision, and cannot change hislher original decision.� • An employee who elects at retirement to participate in Option 3- Transitiona! Severance AIlowance Option (3.3.4 below) is not eligible for this provision. • M employee who elects parficipation in this provision at retirement must irrevocabfy waive participation in the Option 3 - Transitional Severance Allowance Option, but is not required to waive eligibility for Severance Pay provided in Article 1 1, Severance Pay of this Agreement. • The employee must initiate application to participate through specified District procedures. 3.3.2.1 Effective July 1, 1997, for employees hired before July 1, 1996, who retire at age sixty-five (65) or tater � and who are eligible under Subd. 3.3.1 of this Section and the terms of the policy provided in ihis Subd. 3.32, or for early retirees who qualified under the condifions of Subd. 3.1 above and who are eligib(e under tfie terms of the policy provided i n this Subd. 3.3,2 upon reaching age sixty-five (65) after retirement, the District will provide contributions toward premium payment as specified herein, for a Medicare Supplement health coverage policy selected by the District. Effective June 30, 1997, premium contributions by the District toward retiree health insurance coverage at and after age sixty-five (65j will not exceed: CoverageTvoe in i Famf�X Medicare Eligible $300 per month $400 per month Non-Medicare Eligible $400 per month $400 per month Af no lime shall any payment in any amou�t be made directly io the retiree. Any premium cost in excess of the maximum contributions specified must be paid directly and in fulf by the retiree, o r coverage wiif be discontinued. � An employee is not excluded from this option by virtue of his/her participation in the Minnesota • Deferred Compensation Plan as an individual investor wfth no employer-paid matching funds. 32 �� yls C� ARTICLE 16 3.3.3 EMPLOYEE BENEFITS, Section 2. (continued�: Option 2- Minnesota Deferred Com�ensation Plan O�fion � � �� Effective July 1, 1997, employees hired before July 1, 1996, who have completed at least three (3) fuil years of continuous active service within Independent School District No. 625 can become eligible to participate in Minnesota Deferred Compensation Plan and receive matching contribution by the District up to a maximum of $500 annually, for a maximum lifetime total of $12,500 in matching contributions (as provided in 3.2 of this Su6division). Time worked i n City of Saint Paui immediately prior to July 1, 1996, will be courrted toward meeting this three (3)-year service requirement. Conditions: • The employee must irrevocably waive Qption 1- Transitional Retiree age 65 and over Insurance Option as provided in 3.3.2 above of this Subdivision. • The employee must irrevocably waive Option 3- Transitionaf Severance Allowance prior as provided under 3.3.4 (below) of this Subdivision. • The employee is not required to waive eligibility for Severance Pay provided in Article 11, Severance Pay of this Agreement. • The empioyee must initiate an application to participate through the DistricYs specified procedures. Matching contribution by the District can only occur so long as the employee remains in continuous active service in the District, and shall not exceed $500 per year, with a cumulative lifet+me maximum total of $12,500. Approved non-compensatory leave shalf not be considered a break in service and shall not be counted in completing the three ( 3) year requirement. Efigibte part-time employees assigned to .5 FTE or more, shall be eligible for up to one-half (1!2) the annual match by the District. KB3 �-�l5 ARTICLE 16. EMPLOYEE BENEFITS, Section 2. (continued}: 3.3.4 Option 3- Transitional Severance ANowance Option: • Effective July 1, 1996 through June 30, 2017 3.3.4.1 Conditions for participation in this spec'rfied Transitional Severance Allowance Option: i'HE EMPLOYEE MUST IRREVOCABLY WAiVE OPTION 1- TRANSRIONAL RETIREE A�E 65 AND OVER 1NSURANCE OP'fION AS PROVIDED IN 3.32 (ABOVE) OF THIS SUBDIVISION. An employee who has earlier elected to participate i n Option 2- Minnesota Deferred Compensation Plan Option (3.3.3 above) is not eligible for this provision, and cannot change his/her originai decision? The employee must have completed aY least twenty ( 2 0) full years of continuous active service in independent School District No. 625 (not including periods of non- compensatory leave). Time worked in the City of Saint Paul prior to July 1, 1996, wiil be counted toward meeting this eiigibility requirement. The employee must be voluntarily separated from District � employment. Those employees who are discharged f o r" cause, misconduct, inefficiency, incompetency or any other disc+plinary reason are not eligible for this Transitionai Severance Pay Option. • The employee must file a waiver of reemployment with the Director of Human Resources, which will clearly indicate that by requesting severance pay, the employee waives all claims to reinstatement or reemployment (of any type) with Independent School District No. 625. The employee must be at least age fifty-five (55}, retiring from Independent School District No. 625 service, and eligible for pension under Minnesota PER,4 or Saint Paul Teachers' Retirement Fund. The employee must have a minimum ot sixty (60) days accumulated unused sick leave on his/her record at the date of retirement in order to qualify for the fuil Transitional Severance Allowance. Any employee who does not meet this condition will forfeit $7,500 of the Transitional Severance Allowance specified for that year of his/her retirement. 2 An employee is not excluded from this option by virtue of his/her participaitort in the Minnesota � Deferred Compensation Plan as an individual investor with no employer-paid matching funtls. 34 ��- �� ARTICLE 16. EMPLOYEE BENEFtTS, Section 2. (continued): � • The employee must elect to waive all severance pay described in Article 11, Severance Pay of this Agreement (for up to $7,500) in favor of this option. • The employee must provide to the District the required waivers and signed resignation by April 1 ofi the school year in which he/she intends to retire. Appeal of this deadline, based on emergency or extraordinary circumstances, will be considered by the District. • The employee must initiate application to participate through specitied District procedures. � 3.3.42 When application has been made, and all of the above conditions have been met, the employee will be deemed eligible for severance pay allowance equal to the le ser of one year's salary at hislher current salary or a maximum amount � prescribed herei�: For Retirements in Maximum Transitiona! School/Fiscal Year Severance Pay Ailowance 1996-97 $31,000 1997-98 $31,750 1998-99 $32,50� 1999-00 $33,250 2000-01 $34,000 2001-02 $34,750 20�2-03 $35,500 2003-04 $36,250 2004-OS $37,000 2005-06 $38,000 Such amount will normally be paid out according to District established procedures, in equal installments over five (5) years from the date of retirement; exception will be made in the event of the death of the employee; special o r emergency appeal for eariier payment will be considered by the District. • 3.3.4.3 There is no access to the benefits of this Option 3- Transitional Severance Pay AVlowance for the spouse or estate of an active employee who dies having not yet actually retired. A surviving spouse however mav be eligible for severance pay as provided in Article 11, Severance Pay of this Agreement. 35 ��-� i� ARTICLE 16. EMPLOYEE BENEFITS, Secfion 2. (continued): 3.3.4.4 At no time, and under no circumstances shall this Option 3- Transitional Severance Allowance Option be available to any person hired by ihe District into Independent School District No. 625 service on or affer July 1, 1996. This Option 3 - expires on June void. Transitionat Severance Ailowance Option 30, 2017, and wil! be thereafter null and 3.3.5 Choice of O tions: tt wiil be apparent to current employees that if Option 2- Minnesota Deferred Compensation Plan Option in Subd. 3.3.2 is ta be elected by the employee, that choice should be made at the earliest possible date, i n order to allow for the greatest possible growth in the account. If, however, the current employee prefers to keep open the possibie selection of Option 1- Transitional Retiree l�e 65 and Over Insurance Option (Subd. 3.3.2) OR Option 3- Transitional Severance Allowance Option (Subd. 3.3.4), that decision can be made shortly be ore actual retirement. Or�ce made, the decision is irrevocable. District Benefits Office wiil provide information upon request. 3.3.5.1 If state and federa! law permits, and the option remains availabfe from carriers, the District wiil afiow eligible retirees at age 65 who were hired into Independent School District No. 625 service before July 1, 1996, and who have completed the requirements in Sabd. 3.3.1, to continue on a seif-paid basis, to participate in the retiree group pian for Medicare supplement then made available by the District. The retiree must make appiication pursuant to District procedures, and must have or obtain Medicare Part B coverage at his/her own expense. No monetary contribution to premium cost or medical costs of any kind will be made by the District. The retiree will be responsible for the timeiy payment of premiums, and failure to do so will result i n discontinuance of the coverage and the option to participate. � � � LJ cI. ��- �S ARTICLE 17. HOLIDAYS � 17.1 Holidays Recognized and Observed: The following days shall be recognized and observed as paid holidays: New Year's Day Martin Luther King, Jr. Day Presidents' Day Memoriaf Day independence Day Labor Day Columbus Day Veterans' Day Thanksgiving Day Christmas Day Two Floating Holidays (Effective July 1, 1996 through December 6, 1998) Eligibfe employees shatl receive pay for each ot the holidays listed above, on which they perform no work. Whenever any of the holidays listed above shail fall on Saturday, the preceding Friday shall be observed as the holiday. Whenever any of the holidays listed above shall fall on Sunday, the succeeding Monday shall be observed as the holiday. For those employees assigned to a work week other than Monday through Friday • the following language shall apply. Whenever any of the holidays listed above fall on the first day of an employee's two (2) consecutive days off following that employee's normal work week, the last day of the employee's normal work week preceding the holiday will be observed as the holiday. Whenever any of the holidays iisted above fall on the second day of the employee's two (2) consecutive days off following that employee's normal work week, the first day of the employee's normal work week following the holiday will be observed as the holiday. 17.2 The floating holidays set forth in Section 17.1 above may be taken at any time during the calendar year, subject to the approval of the department head of any employee. Effective December 7, 1996, the two (2) days of floating holiday are converted into vacation as part of the vacation accrual formula in Article 18.1 . Any tloating holidays recorded between December 7, 1996, arid the adoption of this Agreement will be converted and deducted from accred vacation. 17.3 Eligibili�r Requirements: In order to be eligible for a holiday with pay, an employee's name must appear on the payroll on any six (6) working days of the �i�e (9) working days preceding the holiday or an employee's name must appear on the payroll the last working day before the hotiday and on three (3) other working days of the nine (9) working days preceding the holiday. ln neither rase shali the holiday be counted as a working day for the purposes of this Section. I t is further understood that other employees not otherwise eligible shall not receive holiday pay. � 37 ��'� �� ARTICLE 17. HOLIDAYS (continued): 17.4 If art employee entitled to a holiday is required to work on Martin Luther King, • Jr. Day, Presidents' Day, Columbus Day or Veterans' Day, he/she shall be granted another day off with pay in lieu thereof as soon thereafter as is reasonable; the specific date shall be determined by agreement between the employee and the operations coordinator, subject to approval of the department head; m He/she shall be paid on a straight-lime basis for such hours worked, in addition to his/her regular holiday pay, if an emp(oyee entitled to a holiday is required to work on New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day or Christmas Day, he/she shall be recompensed for work done on this day by being granied compensatory time on a time-and-one-hal( basis or by being paid on a time- and-one-hatF basis or such hours worked, in addition to the regular hotiday pay. 17.5 Notwithstanding Article 17.3, effective January 1, 1991, a temporary employee shall be eligible for holiday pay only after such employee has been employed as a temporary employee for sixty-seven (67) consecutive workdays. Temporary employees shall not be eligible for any fioating hoiidays, except for an Extended Service Temporary employee as provided in Article 4.3.3.3. . � 38 I �J /'/ �� ARTICLE 18. VACATION 18.1 Vacation credits shall accumulate at the rates shown below for each full hour on the payroll, excluding overtime. Vacationaccrual rate effective July 1. �996 through December6 1996: Years of Service ist year through 4th year Sth year through 9th year 10th year through l5th year 16th yearthrough 23rd year 24th year and thereafter Hours of Vacation .0385 .0577 .0654 .0808 .1000 Vacation accrual rate effective December 7 1 996: � Years of Service 1st year through 4th year 5th year through 9th year 10th year through 15th year 16th year through 23rd year 24th year and thereafter Hours of Vacation .0462 .0654 .0731 .0885 .1 077 18.2 Effective July 1, 1995, the head of the department may permit an employee to carry over into the next "calendar' year up to one hundred twenty (120) hours of vacation. 18.3 The above provisions of vacation shall be subject to the Saint Paul Salary Plan and Rates of Compensation, Section i, Subd. H. 18.4 Sick Leave Conversion: Sick leave accumulated in excess of 1,440 hours may be co�verted to paid vacation time at a ratio of two (2) hours of sick leave time for one (1) hour of vacation time, to a maximum of five (5) regularly-assigned workdays (not to exceed a iotal of forty [40j hours) in any year. 18.4.1 There shall be no conversion of unused sick leave in any amount at any time to any cash payment other than the above-described conversion to vacation time. � 39 ��-��5 ARTICLE 19. UNIFORMS 19.1 Employees in this bargaining unit are required to wear uniforms when on duty. � Uniforms will be supplied as follows: The District will initially provide each employee (or newly appointed employee) with five {5) shirts or five (5) smocks. Each year thereafter, Yhe District wil! provide employees with three (3) additional shirts or three (3) smocks. Employees who have voluntarily requested and received the initial five ( 5) shirts or five (5) smocks prior to implementation of this provision will be considered already initially supplied. 19.2 Uniform shirts will be worn at a(I times when school is in session including summer school, andlor whenever the school building or site is scheduled through usual procedures for use by the public. During school vacation periods the uniform shirt will be optional. However, for empioyees who choose to not wear the uniform shirt during school vacation periods, the standard dress rules are i n effect, Uniform shirts are to be worn only while at work, and en route. The employee is not to wear the uniform shirt during persona! events and aci+vities, work outside the School District, or incidental stops at places selfing on-sale liquor, or other such pfaces not consistent with the image of the School District. 19.3 Each employee is responsible for laundering, pressing, and making minor repairs, such as tears and sewing buttons, etc. If a uniform shirt becomes damaged beyond repair during the course of duty, it will be replaced at no cost to the employee when the damaged shirt is returned to the District. Normal wear � will not be considered for replacement except through Yhe annual cycie. The District will attempt to provide the repfacement shirts at fhe beginning of each schooi year. 7 9.4 Safety Shoes: The District agrees to pay thirty dollars ($30) per year toward the cost of safety shoes required by the Employer and purchased by an employee who is a member of this unit, under the following conditions: 19.4.1 The District sfiall contribute toward the cost of one (1) pair of shoes per contract year and shall not be responsible for any additional cost of any additiona! shces hereafter. Y 9.4.2 TF�is reimbursement of thirty dollars ($30) shall be made only after verification of expenditure and approval by the Department head or designated supervisor of the employee. 19.4.3 This thirty dollars ($30) Employer contribution shall apply only to those employees who are required to wear protective shoes or boots by the Employer, and the contribution shall not exceed the actual cost of such shoes or boots. C I 40 '/ //�! � ( � ARTICLE 20. GRIEVANCE PROCEDURE � 20.1 The Employer shall recognize Stewards selected in accordance with Union rules and regulat+ons as the grievance representative ot the bargaining unit. The Union shail notify the Employer in writing of the names of the stewards and of their successors when so named. 20.2 It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is fimited by the job duties arxl responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities. The steward involved and a grieving empioyee shalf suffer no loss of pay when a grievance is processed during working hours provided the steward and the employee have notified and received the approval of their supervisor to be absent to process a grievance and that such absence would not be detrimental io the work programs of the Employer. 20.3 The procedure established by this Article shall be the sole and exclusive procedure, except for the appeal of discip{inary action as provided by Article 7, for the processing of grievances, which are defined as an atleged violation of the ferms and conditions of this Agreement. A grievance shall be resolved i n conformance with the following procedure: Step 1: Upon the occurrence of an alleged violation of this Agreement, the employee involved shall attempt to resolve the matter on an informal basis with the employee's supervisor. If the matter is not resolved to the empfoyee's satisfaction by the informal discussion, it may be reduced to writing and referred . to Step 2 by the Union. The written grievance shall set forth the nature of the grievance, the facts on which it is based, the alleged section{s) of the Agreement violated, and the relief requested. Any aileged violation of the Agreement not reduced to writing by the Union within fourteen (14) calendar days of the first occurrence of the event giving rise to the grievance shall be considered waived. At this step only, an e�ension of seven (7) additional calendar days shall be granted automatically if requested by the Business Representative or steward. Ste� 2: Within fourteen (14) calendar days after receiving the wri4ten grievance, a designated Employer supervisor shall meet with the Union steward and attempt to resolve the grievance. If, es a result of this meeting, the grievance remains unresolved, the Employer shall reply in writing to the Union within fourteen (14) calendar days following this meeting. The Union may refer the grievance in writing to Step 3 within fourteen (14) calendar days following receipt of the Employer's written answer. Any grievance not referred in writing by the Union within fourteen (14) calendar days following receipt of the Employer's answer shali be considered waived. Ste : Within fourteen (14) calendar days following receipt of a grievance referred from Step 2, a designated Employer supervisor sha{I meet with the " Union Business Manager or designated representative and attempt io resolve the grievance. Within fourteen (14) calendar days following this meeting, the Employer shaA reply in writing to the Union stating the Employer's answer concerning the grievance. If, as a result of the written response, the grievance remains unresolved, the Union may refer the grievance to Step 4. Any grievance � not referred in writing by the Union to Step 4 withi� fourteen (14) calendar days fol{owing receipt of the Employer's answer shall be considered waived. 41 ��.�r� ARTICLE 20. GRIEVANCE PROCEDURE (continued): Sten 4. If the grievance remains unresotved, the Union may within fourteen ( i 4) � calendar days after the response of the Employer in Step 3 by writien notice to the Employer, request arbitration of the grievance, The arbitration proceedings shall be conducted by an arbitrator to be selected by mutual agreement of the Employer and the Union within fourkeen {14) calendar days after notice has been given. !f the parties fai! to mutually agree upon an arbiirator within the said fourteen (14)-day period, either party may requesf the Bureau of Mediation Services to submit a panel of five {5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panei. The Union shall strike the first (1st) name; the Employer shalt then strike one (i) name. The process will be repeated and the remaining person shall be the arbitrator. 20.4 The arbitrator shall have no right to amend, modify, nuliify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the specific issue submitted in writing by the Empioyer and the Union and shati have no authority to make a decision on any other issue not so submitted. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the application of laws, rules or regulations having the force and effect of law. The arbitrator's decision shalf be submitted in writing within thirty {30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an e�ension. The decision shall be based soiely on the arbitrator's interpretation or application of the express terms of this Agreement and to the facts of fhe grievance presented. The decision of the arbitrator shall be � final and binding on the Empioyer, the Union, and the empioyees. 20.5 The fees and expenses for fhe arbitrator's services and proceedings shall be borne equally by the Employer and the Union, provided that each party shalt 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. 20.6 The time limits in each step of this procedure may be extended by mutual agreement of the Employer and the Union. 20.7 It is understood by the Union and the Employer Yhat if an issue is resolved at any step by this grievance procedure, that issue shall not again be submitted for review under the provisions of fhe Rules and Regulations of Civil Service. It is further understood that if an issue is submitted and resolved at any step by the grievance procedure under the Civil Service Rules and Regulations, It shail not be submitted for review and arbitration under procedures set forth in this Article. � 42 97- �iS ARTICLE 21 . WAGE SCHEDULE � 21.1 The wage schedule for purposes of this contract shall be Appendix A attached hereto. ARTICLE 22. STRIKES, LOCKOUTS, WORK {NTERFERENCE 22. i The Union and the Employer agree that tfiere shall be no strikes, work stoppages, slowdowns, sit-down, stay-in or other canaerted interference with the Employer's business or affairs by said Unions andfor the members thereof, and there shafl be no bannering during the existence of this Agreement without first using aii possibfe means of peacefui settlement of any controversy which may arise. � ARTICLE 23. NONDISCRIMINATION 23.1 The terms and conditions of this Agreement will be applied to employees equally without regard to, or discrimination for or against, any individual because of race, color, creed, sex, age or because of inembership or nonmembership in the Union. 23.2 Employees will perform their duties and responsibilities in a nondiscriminatory manner as such duties and responsibilities involve other employees and the general public. � 43 ( �? - `{ r''J ARTiCLE 24. TERMS OF AGREEMENT 24.1 omplete Q�rgement aM Waiver of Bargaining: This Agreement shall represent the complete Agreement between the Union and the Empioyer. The parties acknowledge that during the negotiations which resuited in this Agreement, each had the unlimited right and opportunity to make requests and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the compiete understandings and agreements arrived at by the parties after the exercise of that right arxi opportunity are set forth in this Agreement. Therefore, the Empfoyer and the Union, for the life of this Agreement, each voluntarily and unqualifiediy waives the right, and each agrees that the other shail not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement. 24.2 Savinqs Clause: This Agreement is subject to the taws of the United States, the State of Minnesota, and the City of Saint Paui. In the event any provision oi this Agreement shatl hold to be contrary to law by a court of competenf jurisdiction from whose finai judgment or decree no appeal has been taken within the time provided, such provision shafl be voided. Aif other provisions shall continue i n tuli force and efiect. 24.3 Terms of Agreement: Except as herein provided, this Agreemeni shall be efteciive as of July 1, 1996, and shall continue in full force and effect through the 30th day of June 1998, and shal! be automatically renewed from year to year thereaHer unless eiiher paRy shall notify the other in writing at least sixty (60) days before the termination of this Agreement that it desires to modity o r terminate this Agreement. In witness thereof, the parties have caused this Agreement ro be executed as signed and dated tseiow. 24.4 This constitutes a tentative recommended by the District subject to the approval of ratification by the Union. WITNESSES: INDEPENDENT SCHOOL DISTRICT INTERNATIONAL tJNtON OF OPERATING ENG ERS L CAL O. 70 � l Business Manage , ocal No. 70 � Local ��`�"��a % Agreement between the parties which wil! be Negotiations and Labor Relations Manager, but is the Board of Education, and is also subjeci to cniet steward, tocai iVo. 70 -�r?// �I,Q' / ��7 Date ' 44 i � • f� s � �ss7 Date ��-�� • APPENDIX A: WAGES � L� ��-`�l� APPENDIX A: 1996-97 WAGES The hourly wage rates and salary ranges for ciassifications in this unit are effective • July 1, 1996, as ioilows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Probationary Rate Facility Services Worker $10.00 Custodian' Custodian (Light Duty)* Trainee (Custodian-Engineer) Probationary Rate $13.57 After Years $10.64 nr $8.36 Probationary 8ase Rate at $17.36 $18.23 16.76 17.67 16.22 17.13 15.8'I 16.71 15.48 16.15 Base Rate $10.50 Base Rate $14.61 After 5 Years $1 D.99 After 6 Months $9.62 S Aiter 1 year $11.30 After 2 years $12.00 After After 10 15 Years Years $11.21 $11.46 After After 1 Year 18 Months $10.94 $12.25 Personnel hired for employment with the District after the date of the signing of this Agreement, to a ciass of positions listed in Appendix A above, shall be campensated at the "Probationary RaYe" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from any of the posRions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourly wage rate, notwithstanding that the employee must complete a promotionai probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the classification in which they are employed. 'Abolished except as to present incumbents. r ' �_ A1 ��- �r� CJ ❑ �� APPENDIX A: 1997-98 WAGES The hourty wage rates and salary ranges for cfassifications in this unit are effective .lu(y 1, t997, as follows: Title Custodian-Engineer 5, Board of Education Custodian-Engineer 4, Board of Education Custodian-Engineer 3, Board of Education Custodian-Engineer 2, Board of Education Custodian-Engineer 1, Board of Education Probationary R�t� Facility Services Worker $70.20 Custodian' Custodian (Light Duty)` Trai�ee ( Custod ian-E ng ineer) Probationary Rate $13.98 After ars $10.96 Probationary Rate $17.88 1726 16J0 16.28 15.95 Base � $10.71 Base Ra e $18.78 18.20 17.64 17.21 16.63 After 1 vear $11.64 After 2 years $12.36 Base Rate $15.05 After After After 10 15 5 Years Y��,�rs Years $11.32 $11.54 $11.81 After qfier n r �RLhs_ 1 year $8.55 $9.91 $11.27 After 18 Months $12.62 Personnei hired for employment with the District after the date of the signing of this Agreement, to a class of positions tisted in Appendix A above, shali be compensated at the "Probationary Rate" hourly wage rate during their probationary period. After completion of the probationary period, the employee shall be paid at the "Base Rate" hourly rate. Employees promoted from a�y of the positions listed in Appendix A above to any other position listed shall receive the "Base Rate" hourfy wage rate, notwithstanding that the employee must complete a promotional probation period. Temporary employees shall be paid the minimum rate indicated in this Appendix for the classification in which they are empioyed. *Abolished except as to present incumbents. A2 ��-�f�5 MEMORANDUM OF UNDERSTANDING BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 REGARDING EQUALIZATION OF OVERTIME FOR CUSTODIAL SERVECE This Memorandum of Understanding is by and between the Board of Education of Independent School District No. 625, and International Union of Operating Engineers LoCal No. 70, exclusive representative for custodiai service empioyees in the Saint Paul Public Schools. The purpose of this Memorandum of Undersianding is to state clearly the intent of the parties regarding procedures which will be used to call and/or assign employees in the uniY for overtime work during the term of the 1996-98 Labor Agreement. These procedures shall become effective beginning with the first full month after the Board of Education adoption of the 1996-98 Labor Agreement. Renewal, revision, or continuation of this Memorandum of Understanding wili occur only if the parties so agree. Absent such agreement, this Memorandum of Understanding terminates June 30, 1998. Section 1: Qualified Employees A qualified person for all provisions of this policy is a regular full-time custodian or facility services worker, or custodian-engineer who holds the appropriate license for Yhe task, and has demonstrated satisfactory job performance. 1.1 An employee who has specified physical restrictions which impair his/her ability to perform a particutar overtime task will not be assigned the overtime; for purposes of calling order he/she will be considered, however, as having worked that overtime. Section 2: Overtime Within a Building Employees assig»ed to a particular building will have the first opportunity to work overtime in that building. Persons who are interested in working overfime in the building will be required to sign in advance. The employees will be placed on a list in order of District seniority. When a need for overtime arises, the quafified most senior employee on the list will be called first unless the employee has already worked overtime in that fiscai year. If the qualified most senior employee has already worked overtime in that fiscal year, the next qualified empbyee on the list will be called until ail empioyees in the buiiding have worked overtime. When all employees have worked overtime, the process wil! be repeated. When an employee is asked to work overtime in the building and refuses, he/she will be considered as having worked that overtime. I f there are rro employees in the building who want to work overtime, then the overtime shalf be classified as District overtime and disiributed as described below. 2.1 When an employee is newiy assigned to a bui(ding, hislher overtime eligibility history for that location will be deYermined by assigning to him/her fhe average of overtime hours credited to date for all affected employees in that location (average of hours worked and/or refused). C� � 2.2 The overtime history of each employee will be carried over from year to year in each building for that buiiding. . 9�- ��S Seetion 3: District Overtime � When there is District overtime work to be done on a planned basis (i,e., it is of a non-emergency nature), regular employees assigned as relief staff will have the f i rst opportunity to work the overtime. Qualified relief staff members wiil be contacted for the overtime work i� seniority order (i.e., most senior first) unless the employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she wilt be considered as having worked that overtime assignment. If there are not sufficient qualified relief staff employees available, qualified employees Iisted as availa6le for emergency call out will be called by � the same procedure. Effective July 1, 1997, the assigned relief staff will no longer have first opportunity to work District overtime. In September of each year Facility Operations will aflow people interested in working District overtime to sign up to be calied. The most senior employees in one of three groups, 1) Facility Services WorkerlCustodian, 2) Engineer, or 3) Supervisor (Engineer 3-5), will be called for overtime needed in the group based on seniority order, unless employee has already worked overtime in that fiscal year. When a qualified employee who is asked to work overtime refuses the work, he/she w i I I be considered as having worked that overtime assignment. If there are not sufticient qualified relief staff employees availabie, qualified employees tisted as availabie for emergency call out will be called by the same procedure. Section 4: Mandatory Overtime The District retains the right to institute mandatory overtime if there are inadequate • volunteers to meet District needs. The mandatory system requires that the least senior empioyee who has not worked overtime will be required to work first and so forth. Should mandatory overtime become necessary, employees who have voluntarily worked overtime will be credited with the hours they have previously worked. Seetion 5: Emergency Call Outs This Equalization of Overtime Memorandum does not apply to emergency call outs requesting that overtime be worked. A qualified employee who is willing to accept emergency overtime assignment immediatefy upon notification may ask to be listed � available. The District will not list an employee for emergency call out if the employee has refused overtime work several times, or is not qualified. The District, in assigning emergency cafl out, wili do so as equitabiy as circumstances permit. 5.1 The District will periodically provide to the Union a copy of the emergency call-out list, and a tally of time worked. , Section 6: Overtime Resulting from BuildinglProgram Moves Overtime resulting from moving a program or a staff/student population from one buildingllocation to another will be treated as building overtime for staff in the location from which the move originates. ti more overtime workers are needed than the originating location can supply, the District overtime procedure will be used to secure � additional workers. 2 ��1� Section 7; Grievance Process An alleged violation of these procedures can be presented to the Employer by the Union for • review under the grievance procedures of the labor co�tract through Step 3, as the finai appeal. Step 3 review is at the ievel of the Superintendent of Schoo(s, or his designee: This Memorand�m of Understanding shatl be effeciive with the first fuil month after Board of Education approval, and shalf expire on June 30, 1998. INDEPENDENT SCHOOL DISTRICT INTERNATIONAL UNION OF OPERATING NO. 625 ENG RS LOCALD 70 � Ne� ti�jions/La�af�t� i s Manager Busi�ess Manager i No. 70 // ( / � � . Mgr. �n � Chair, �ard of Education o President, L al No. 70 - � �� s � s� 7 ��- _ Date Recordinp SeclEtar� Local No. 70 � Ghief Steward, Local No. 70 • ^�/c�/J• 0 /Y�1 � Date • 3 9�� 1� i BETWEEN INDEPENDENT SCHOOL DISTRICT NO. 625 AND INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL N0. 70 MEMORANDUM OF UNDERSTANDING REGARDING EfVGiNEER 2-5 BIDDING � Bidding for location Custodian Fngineer 2 5 Positions: This bidding process for Custodial Engineer 2-5 employees will be piloted effective February 4, 1997, and will continue for the duration of the 1996-98 contract, and wilf not be automaticatly extended as part of any successor agreement. The Office of Facility Operations wiil post a listing of vacant positions in the job classes Custodian-Engineer 2, Custodian-Engineer 3, Custodian-Engineer 4, and Custodian-Engineer 5, with the locations of the vacancies. Employees who have been certifiied and appointed to one of the above listed job classes may bid for an assignment in that same job class at a different location shown on the posting. Bidding wili be only open to employees who have successfully completed ihe probationary period and have satisfactory or higher performance ratings for at least the preceding year, Bids for assignments will be honored in order of class seniority in that job class providing the employee is qualified. This process requires that all Gustodial Engineer 2-5 employees who bid be able to satisfactorily perform the full range of duties at the bid location from the onset. With the rights to bid in this pilot process �mes the responsibility to fully assess the requirements of the location where helshe would bid and the strengths and weaknesses that he/she may have. a) Vacancies in the specified job dasses during the school year w i i l be posted for bidding as they occur. � b) A Custodian-Engineer 2 who is assigned to evening shift must complete one (1) year as an Engineer 2 before having the right to bid. • If the Custodian-Engi�eer 2 assigned to evening shift bids on another evening shift and is reassigned as a resutt of this bidding process he/she is not eligible for any further bidding for one (1) year. • lf the Custodian-Engineer 2 assigned to evening shift is reassigned to a day shift as a result of this bidding process helshe is not eligible for any further bidding for two ( 2) years. • ff the Custodian-Engineer 2 assigned to day shift is reassigned as a result of this bidding prvicess he/she is not eligible for any further bidding for two (2) years. • An employee whose shift is changed significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again without waiting the full two (2) years. � -`� � S c) A Custodian-Engineer 3, 4, or 5 who has been reassigned as a result of this bidding process is not eligible for any further bidding for three (3) years. M employee whose shift is dianged significantly (by more than two [2] hours) on a permanent basis, or whose shift is changed from a daily assignment at one location to more than one location, may bid once again without waiting the full two (2) years. d) Nothing in ihis provision shall be construed to limit the right of fhe Employer to transfer an employee to another location without bidding if there is reason to do so. e) There wiil be no bidding assignments in new buildings. Custodian- Engineer vacancies in new buildings wiil be iisted only to allow emptoyees in that job class to express interest in being considered by submitting a letter to the deoartment head, INDEPENDENT SCHOOL DISTRICT INTERNATIONAL UNION OF OPERATING EN ERS LOCAL N. 70 ��.,�� Business Manager, L No. 70 ient, ocal No_70 /J _ C1inr�r�i�z. din Secret , La � � Steward, Local No Local ��e�� 70 .�— ��/l. �,Y /rrs � ' Date ' � • � 2 �� s� isy7 Date