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
