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2012 Additions Language

PREAMBLE

 

Add the following to the current language:

 

Work Place Environment.   Employees have the right to a workplace free from abuse, threats, and assaults related to their work whether the behaviors originate from customers or co-workers at any level of the District.  Behaviors covered include, but are not limited to, all forms of harassment, bullying, intimidation, physical threats or assaults, robbery and other intrusive behaviors.   Employees who experience such behavior are encouraged to contact the Human Resources Department as outlined in School Board Policy 415.00 Harassment, Violence and Other Offensive Behavior. 

 

The Employer and the Union affirm their commitment to encourage and maintain a work environment that is hospitable to all employees, managers, and supervisors.   Both parties share the goal of supporting the well being of employees, supervisors and managers. 

 

ARTICLE 3. MAINTENANCE OF STANDARDS

 

3.2.  Both parties agree that job responsibilities within the bargaining unit should remain with members of the bargaining unit.

 

3.2.1 In the event the Employer feels it is necessary to contract out or subcontract any work performed by employees covered by this agreement, the Employer will notify the Union at least ten (10) days prior to the issuance of a Request for Proposal but no less than thirty (30) calendar days in advance.  During the ninety (90) days the Employer will meet with the Union and discuss possible ways and means to minimize the elimination of positions and avoid layoff of current employees.

 

3.2.2 In the event of a merger, transfer or reorganization of any department which will result in the reduction of staff, the Employer will notify the Union no less than thirty (30) days in advance.  During the thirty (30) days the Employer will meet with the Union and discuss possible ways and means to minimize the elimination of positions and avoid layoff of current employees.

 

ARTICLE 5.            WORK DAY

 

5.3            This Article shall not be construed as, and is not a guarantee of, any hours of work per normal workday or per normal work week.  Additional hours or work weeks that become available will first be offered to permanent employees at the work site within the same job title in seniority order.  If no such employee accepts the hours, the hours will be offered to others in the same job title at other work locations with consideration given to employee seniority provided the additional hours do not conflict with the hours scheduled at the regular work site.  In the event no regular employee volunteers, the District may employ a temporary employee for the additional hours.

 

ARTICLE 8.            VACATION

 

8.5 At the time that an employee retires, resigns or otherwise ends their employment relationship with the District, they shall be paid for all accrued but unused vacation hours at the rate of pay in place at the time of separation.

ARTICLE 9. LEAVES OF ABSENCE

 

9.9            Union Official Leave.  An employee elected or appointed to a full-time paid position by involving work with the exclusive representative may be granted a leave of absence without pay for not more than one (1) year for the purpose of conducting the duties of the exclusive representative.  An employee may choose to use accrued vacation or compensatory time instead of a leave of absence without pay.  In the event an employee chooses the leave without pay option, the employee shall continue to accrue seniority. The Employer shall continue to pay the Employer’s portion of any health, life, or dental insurance premiums in effect immediately prior to the commencement of such leave as long as the leave does not exceed two pay periods provided that if the employee fails to return to the District, he/she shall refund to the District the amount paid by the District in premium contribution.

 

9.10            Release Time for Negotiations, Labor Management Committees and Meet and Confer Meetings.  Members of appointed or elected by the union as part of the Union’s negotiating team or representative(s) to labor management or meet and confer meetings may be released from their assignment with appropriate advance notice for such reasonable time as is necessary to attend negotiation sessions or meetings set by the school district and union.  Such time may be granted upon approval of the employee’s immediate supervisor and payment of salary during time off may shall be granted at the discretion of by the District when such meetings occur during the employee’s regularly scheduled work hours.

 

ARTICLE 10.            WAGES

 

10.4  Salary Step/Increase Eligibility.  Employees must meet the following conditions in order to be eligible for salary step advancement or, if on the 5, 10 or 15 or 20 year step, to be eligible for a salary increase: ….

 

10.5            Salary Step Progression  

 

10.5.1                   An employee who meets the eligibility requirements in 10.4 of this Section will at the beginning of fifteen (15) calendar years of service in the District advance one (1) additional salary step on the first pay period in July, not to exceed Step 8.

 

10.5.2  An employee who meets the eligibility requirements in 10.4 of this Section will at the beginning of twenty (20) calendar years of service in the District advance one (1) additional salary step on January 1, 2011.  Thereafter, an employee who meets the eligibility requirements in 10.4 of this Section will, at the beginning of twenty (20) calendar years of service in the District, advance (1) additional salary step on the first pay period in July not to exceed Step 9.

 

10.7  Red Circled Employees.  Employees whose current rate of pay is greater than the top step of their current pay range shall receive lump sum payment equal to 1.5% their annual wages on July 1, 2013.

 

ARTICLE 13.            SEVERANCE PAY

 

13.3            If an employee notifies the Human Resource Department three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirements set forth in 13.2 above, he or she will receive a District contribution to the District 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $100 125 for each day of accrued, unused sick leave, up to 180 days.

 

13.3.1      If an employee notifies the Human Resource Department in less than three (3) months in advance of the date of retirement and requests severance pay and if the employee meets the eligibility requirement set forth above, he or she will receive a District contribution to the District 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $85 95 pay for each day of accrued, unused sick leave up to 211.76 212 days.

 

13.3.2             If exigent circumstances exist, such as a sudden illness/injury of the employee or immediate family member necessitating immediate retirement, and if the employee meets the eligibility requirements set forth above, he or she will receive a District contribution to the District 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay in an amount equal to $100 125 pay for each day of accrued, unused sick leave up to 180 days.

 

13.4            The maximum amount of severance pay that any employee may obtain through this 403(b) Tax-Deferred Retirement Plan for Sheltering Severance Pay and Vacation Pay is $18,000 20,000.

 

ARTICLE 14.            INSURANCE BENEFITS

 

SECTION            1.            ACTIVE EMPLOYEE HEALTH INSURANCE

 

1.5            Employer Contribution Amount--Full-Time Employees.  Effective January 1, 2010 2012, for each eligible employee 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 $550600 per month, whichever is less.  For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $1,0751,175 per month, whichever is less.

 

1.5.1      Effective January 1, 20112013, for each eligible employee 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 $575612.50 per month, whichever is less.  For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $1,1251,200 per month, whichever is less.

 

1.5.2 Effective January 1, 20122014, for each eligible employee 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 $600637.50 per month, whichever is less.  For each eligible full-time employee who selects family coverage, the Employer will contribute the cost of such family coverage or $1,1751,250 per month, whichever is less.

 

ARTICLE 16.            SENIORITY

16.3            In the event it is determined by the Employer that it is necessary to reduce the workforce, employees will be laid off by class title within each department based on inverse length of seniority as defined above.  However, when layoff occurs in any of the titles listed below under Column A, layoff shall be based on inverse length of total seniority in all titles listed on the corresponding line under Column B.  For the purposes of this section the following groupings of job titles shall be considered as one classification: 

 

·       Clerk I BOE and Clerk II BOE;

·       Clerk Typist I BOE and Clerk Typist II BOE; and

·       Data Entry Operator I BOE and Data Entry Operator II BOE

 

The Human Resource Department will identify such least senior employee in the department reducing positions, and shall notify said employee of his/her reduction from the department.  If there are any vacancies in any of the class titles under Column B on which seniority was based, in any other District department, the Human Resource Department shall place the affected employee will be placed in such vacancy.  If two or more vacant positions are available, the Human Resource Department shall decide which vacant positions the affected employee shall fill. Whenever possible, employees shall be placed in a position with the same or similar number of annual hours per work year as the position they are being displaced from.   If no vacancy exists in such titles, then the least senior District employee in such titles shall be identified, and the affected employee if the employee affected by the original departmental reduction is more senior, he/she shall have the right to claim that position and the least senior District employee in such titles shall be the employee laid off.  For the purposes of this Article, the Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. 

 

Column A                                             Column B

Clerk I BOE                                          Clerk I BOE, Clerk II BOE

Clerk II BOE                                         Clerk I BOE, Clerk II BOE

Clerk-Typist I BOE                             Clerk-Typist I BOE, Clerk-Typist II BOE

Clerk-Typist II BOE                            Clerk-Typist II BOE, Clerk Typist I BOE

Data Entry Operator I BOE              Data Entry Operator I BOE

                                                             Data Entry Operator II BOE                                                

                                     

16.5            In cases where an employee to be laid off has held no regular appointment in a lower title in the same promotional series as his/her current title, that employee will be offered a reduction to the title within the bargaining unit to which he/she was regularly appointed immediately prior to his/her current title, so long as there is either a vacancy or, if no vacancy exists, a less senior employee in such title may be displaced.  In cases where an employee to be laid off has held no regular appointment to any titles immediately prior to his/her current title, said employee shall be laid off.  

 

The employee reducing into a title formerly held must satisfactorily complete a six (6) month probationary period in such title.  If the probationary period is not satisfactory, the employee shall, at any time during the probationary period, be reinstated to his/her former title and shall be laid off, but such employee’s name will be placed on the reinstatement register in his/her former title and “bumping” rights herein shall not again apply to such employee.

 

16.8            This procedure will be followed by the Board of Education for Board of Education employees.  City employees being reduced or laid off may not displace Board of Education employees.  Board of Education employees being reduced or laid off may not displace City employees.  The Board of Education is not included as a City department nor is a Board of Education employee included as a City employee. 

 

ARTICLE 19.            GRIEVANCE PROCEDURE

 

19.2            It is recognized and accepted by the Employer and the Union that the processing of grievances as hereinafter provided is limited by the job duties and responsibilities of the employees and shall therefore be accomplished during working hours only when consistent with such employee duties and responsibilities.  The steward involved and a grieving employee shall suffer no loss in 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 to the work programs of the Employer.

 

Designated and certified stewards and the chair officers of the Local Union shall be granted reasonable time off, with pay, in order to investigate and/or present grievances to the Employer and to attend meetings at which an employee is formally questioned during an investigation into conduct which may lead to disciplinary action during their normal working hours. Such stewards and chair officers, however, shall not leave their work stations without first obtaining the permission of their immediate supervisor and shall notify their immediate supervisor upon returning to work. The permission of the supervisor shall not be denied without good cause. Stewards and other representatives of the Union shall not interfere in any way with the Employer’s operation or with the performance of work by its employees.

 

ARTICLE 20.            TEMPORARY EMPLOYEES

 

20.1            It is recognized that temporary employees are within the unit covered by this Agreement, however, except as specifically provided by this Agreement, temporary employees shall not have or acquire any rights or benefits other than specifically provided by the provisions of the Civil Service Rules and/or the Saint Paul Salary Plan and Rates of Compensation.

 

In cases of temporary work or pending selection of a permanent employee to fill a vacant position, appointment officers may fill a vacant position with a temporary employee. The appointing officer must indicate in making such a request that such employment is in fact temporary.  No person shall serve as a temporary employee and no position shall be filled by a temporary employee for more than 1,040 working hours in any fiscal year provided that a temporary employee used to fill a position left temporarily vacant due to a permanent employee utilizing paid or unpaid leaves of absence may be used for the duration of the leave even if the leave exceeds 1,040 hours.  unless the Executive Director of Human Resources approves such extension prior to the use of the full 1,040 hours, such extension not to exceed an additional 1,040 hours

 

Persons on appropriate eligible lists shall be given, at the discretion of the Executive Director of Human Resources, preference in temporary appointment, and their names shall remain on all eligible lists for regular employment.

 

The Executive Director of Human Resources may alter the number of working days permitted upon determination that market conditions warrant an adjustment only with approval of the Union.

 

Whenever discretionary changes are made in accordance with this section by the Executive Director of Human Resources, the effective date of the action shall be preceded by a twenty (20) day public notice period. This period shall be initiated by notice to the recognized bargaining unit for the title affected and the affected departments.

ARTICLE 22.            VACANCIES

 

22.1.2 Employees requesting to be transferred to a vacant position within their classification shall be selected by seniority order for transfer prior to the hiring of an outside candidate who as a result of the bumping/placement process have been placed in a position with different work hours or work weeks shall be selected by seniority order for positions within their job title which allow them to return to the work hours or work weeks held prior to bumping/placement. 

 

22.1.3 Employees requesting to be transferred to a vacant position within their classification shall be given priority by seniority order for transfer as long as the Employer has no reasonable reservations about the employee’s ability to fill the vacancy prior to the hiring of an outside candidate.

 

ARTICLE 27. TERMS OF AGREEMENT

 

27.3 Terms of Agreement.  This Agreement shall be in full force and effect from July 1, 2010 2012 through June 30, 2012 2014 and shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing by June 1 that it desires to modify or terminate this Agreement.

 

APPENDIX A. TITLES AND WAGES

APPENDIX C. STANDARD RANGES

 

Increase each step of each standard pay range by 1.5% on July 1st of each year of the collective bargaining agreement

 

Increase the pay rate of each employee whose rate of pay is lower than Step 9 of the appropriate wage range by a reasonable wage increase during each year of the collective bargaining agreement.  

 

MEMORANDA OF UNDERSTANDING AND LETTERS OF AGREEMENT

 

Continue Letter of Understanding re: Ten-Month Employees’ Vacation (currently page 46) into next contract

 

Delete Letter of Understanding re: Bumping as language will be part of Section 16.3 of new contract

 

MEMORANDUM OF AGREEMENT: Improvement Plan Process

 

Replace current Memorandum with a new Memorandum as presented on Page 7-8 of this document

 

MEMORANDUM OF UNDERSTANDING: Labor Management Task Force and Labor Management Committees

 

See combination of these two Memoranda on page 9 of this document

 

HOUSEKEEPING

 Delete language that is no longer necessary, update dates, renumber as necessary, revise for clarification, etc.

MEMORANDUM OF AGREEEMENT

REGARDING IMPROVEMENT PLAN PROCESS

 

The Union and District jointly affirm that individual improvement plans are an appropriate method through which to identify job-related performance areas of concern and provide an opportunity for employees to improve performance.  This process connects an employee’s step advancement or salary increase to the following improvement plan process.

 

1.     When a supervisor identifies job-related performance areas of concern, he/she shall complete a formal performance evaluation of the employee.  A meeting shall be scheduled with the employee and his/her union representative (if desired by the employee) and a Human Resources representative, at which time the performance evaluation shall be discussed.  The employee must be given written notice of the meeting at least one (1) working day advance notice of the meeting in order to have time to contact a union representative.  The notice shall inform the employee of their right to have a union representative present.

 

2.     The supervisor, employee, union representative (if desired by the employee) and Human Resources representative shall jointly develop a written performance improvement plan that addresses the identified areas of concern with the understanding that the supervisor may implement a plan if no consensus can be reached.

 

3.     Elements of a written improvement plan must include:

a)    A statement of the required performance standards and each identified performance concern;

b)    A statement of the actions the employee must take to meet expected performance for each identified performance concern;

c)    The length of the improvement plan and the schedule of review meetings (at least monthly) between the supervisor and employee along with any other timelines related to specific concerns;

d)    Identification of specific resources available to the employee to assist in meeting the improvement plan goals including, but not limited to, mentors, classes, feedback, modeling and employee assistance;

e)    Identification of the next level supervisor; and

f)     Signatures of the supervisor and employee indicating the plan has been discussed and reviewed along with the date of such discussion (but not necessarily indicating agreement).

 

4.     If consensus is not reached on the written performance improvement plan, the employee may appeal components of and/or timelines related to the plan to the next level supervisor identified as part of the plan.  If appealed, any timelines identified as part of the plan are held in abeyance until the completion of the appeal meeting.

a)    Notice of the appeal must be sent in writing (including e-mail) within five (5) working days of the discussion meeting. 

b)    An appeal meeting shall take place within ten (10) working days of receipt of the written appeal notice.  The employee must be given written notice at least one (1) working day advance notice of the meeting in order to have time to contact a union representative.  The notice shall inform the employee of their right to have a union representative present.

c)    The appeal meeting shall be in the form of a “meet and confer” between the employee, the employee’s union representative (if desired by the employee), the employee’s supervisor, the next level supervisor, and a Human Resources representative.

d)    Within ten (10) working days following the “meet and confer” the next level supervisor shall review the plan and make any appropriate adjustments.  A final version of the written performance improvement plan shall be given to the employee.  At a minimum the final plan should include appropriate adjustments to timelines in the original plan to reflect the appeal process.

 

5.     At the end of the improvement plan, the supervisor shall formally evaluate the employee’s performance and make a determination of whether or not the elements of the plan have been met. 

a)    If the employee has not met the improvement plan expectations, a meeting will be held between the supervisor, the employee, the employee’s union representative (if desired by the employee), the next level supervisor and a Human Resources representative to discuss further options with the appropriate notices as described above.  Options that may be considered during the meeting include, but are not limited to, extension of the improvement plan and alternative work assignments.

 

An employee determined not to have met the improvement plan goals may be subject to discipline pursuant to Article 17 of the Labor Agreement.

 

ON TRACK

An employee is considered to be “on track” if they are making adequate progress, as determined by the District, toward meeting the goals of the performance improvement plan.  It does not mean that an employee has to have met all of those goals.

 

Throughout the duration of the improvement plan, the supervisor shall meet with the employee on a regular basis as outlined in the plan itself.   The goal of these interim meetings is to identify the progress made by the employee and to identify any additional resources that may be available.  A supervisor is considered to be “on track” if they have held regularly scheduled meetings with the employee to assess progress towards meeting the expectations of the employee’s performance improvement plan and if they have offered the necessary support to the employee (i.e., access to training, mentors, etc.) to assist the employee in meeting the performance expectations.

 

STEP INCREASES

If a performance improvement plan is in place for an employee as of March 1st of the year and the employee is not on track with the components of the plan, the employee’s step as outlined in Section 10.5 may be withheld.  If the employee’s supervisor is not on track, the employee’s step as outlined in Section 10.5 may not be withheld.  When an employee has met the goals of an improvement plan or the supervisor has not been on track, the employee’s step shall be reinstated retroactive to July 1st.

 

OTHER PROVISIONS

Although placement on an improvement plan is not grievable, an employee may grieve a disciplinary action or failure to reinstate a step increase. 

 

Memorandum shall remain in effect for the duration of the 2012-2014 Labor Agreement.

 

MEMORANDUM OF UNDERSTANDING

BETWEEN

INDEPENDENT SCHOOL DISTRICT NO. 625

AND

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICPAL EMPLOYEES

DISTRICT COUNCIL 5, LOCAL NO. 844

REGARDING LABOR MANAGEMENT COMMITTEE

 

The parties agree to continue a formal Labor Management Committee (LMC) with consensus based decision making to explore topics of mutual interest.  It is understood that the Union and Employer will appoint their own members to the Committee and any established sub-committees. 

 

The Committee may utilize topic specific sub-committees which shall meet separately from the LMC and report findings and recommendations back to the LMC for further consideration.

 

Recommendations of the Committee may be submitted to the Superintendent of Schools and Local No. 844 Executive Board for their consideration.

 

The Union and the District agree that appropriate topics for exploration by the LMC or established sub-committees include any topic of mutual interest that is not a mandatory subject of bargaining

 

 

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