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PARTIES AND PURPOSE
Section 1. Parties
The parties to this Agreement are Independent School District No. 152,
Moorhead, Minnesota (hereinafter referred to as School District or District)
and the Minnesota School Employees Association (hereinafter referred to
as the Exclusive Representative, the Union or the Association).
Section 2. Purpose
The parties enter this Agreement to establish the terms and conditions
of employment for Operation and Maintenance employees pursuant to and
in compliance with the Public Employment Labor Relations Act of 1971,
as amended (hereinafter referred to as the P.E.L.R.A.).
ARTICLE II
EXCLUSIVE REPRESENTATIVE
Section 1. Recognition
In accordance with the P.E.L.R.A., the School District recognizes the
Association as the Exclusive Representative for Operation and Maintenance
workers employed by the School District. This Exclusive Representative
shall have those rights and duties prescribed by the P.E.L.R.A. and described
in the provisions of this Agreement.
Section 2. Appropriate Unit
The Exclusive Representative shall represent all Operation and Maintenance
employees of the District who are members of the appropriate unit as defined
in Article III, Section 2, of this Agreement, in the P.E.L.R.A., and in
the certification document of April 30, 1981, or other directives issued
by the Commissioner of the Bureau of Mediation Services.
Section 1. Terms and Conditions of Employment
"Terms and conditions of employment" means the hours of employment,
the compensation therefore, including fringe benefits except retirement
contribution or benefits, and the employer's personnel policies affecting
the working conditions of the employees.
Section 2. Appropriate Unit
For purposes of this Agreement, "appropriate unit" shall mean
all Operation and Maintenance workers employed by the School District
excluding the following:
a. Supervisory and confidential employees;
b. Part-time employees whose services do not exceed fourteen (14) hours
per week or thirty-five percent (35%) of the normal work week;
c. Employees who hold positions of a temporary nature for a period of
less than sixty-seven (67) work days in any calendar year (P.E.L.R.A.);
d. Emergency employees who are employed for emergency work caused by natural
disaster; or
e. Employees who are required to be licensed by the State Board of Education.
Section 3. School District
Any reference to "School District" or "District" in
this Agreement shall mean the School Board or its designated officials
or representatives.
Section 4. Other Terms
Terms not defined in this Agreement shall have those meanings ascribed
to them by the P.E.L.R.A.
SCHOOL DISTRICT RIGHTS
Section 1. Inherent Managerial Rights
The Exclusive Representative recognizes that the School District 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 budget, utilization
of technology, the organizational structure, and the selection, direction
and number of personnel. All management functions not expressly delegated
in this Agreement are reserved to the School District.
Section 2. Management Responsibilities
The Exclusive Representative recognizes the right and obligation of the
School District to efficiently manage and conduct the operation of the
School District within its legal limitations and with its primary obligation
to provide educational opportunity for the students of the School District.
Section 3. Rules, Regulations and Policies
The parties recognize that all employees covered by this Agreement shall
perform the services and duties prescribed by the School District and
its rules, regulations, directives and orders, issued by properly designated
officials of the School District. Such rules, regulations, directives
and orders may not be inconsistent with the terms of this Agreement.
EMPLOYEE RIGHTS
Section 1. Right to Views
Nothing contained in this Agreement shall be construed to limit, impair
or affect the right of any employee or employee's representative to the
expression or communication of a view, grievance, complaint or opinion
on any matter related to the conditions or compensation of public employment
or their betterment, so long as such expression is not designed to and
does not interfere with the full, faithful and proper performance of the
duties of employment, or circumvent the rights of the Exclusive Representative.
Section 2. Right to Join
The School District recognizes the right of employees to form and join
labor or employee organizations.
Section 3. Dues Check-Off
Pursuant to the P.E.L.R.A., employees who are members of the Association
shall have the right to request and be allowed dues check-off. Upon receipt
of a properly executed authorization card from such an employee, the School
District shall deduct from his/her paycheck the dues which the employee
has agreed to pay to the Association during the period provided in said
authorization. These deductions, together with a list of the names of
employees from whom deductions were made, shall be transmitted each month
to the Association. If the employee organization loses its right to dues
check-off, the School District shall discontinue making deductions for
dues and discontinue forwarding the proceeds to the Association.
Section 4. Fair Share
Subd. 1.
All affected employees who are not members of the Exclusive Representative
may be required by said representative to contribute a fair share fee
for services rendered by the Exclusive Representative.
Subd. 2.
The School District, upon receipt of a copy of the MSEA membership application
from the Exclusive Representative of such employees, shall be obligated
to check-
off said fee from the earnings of the employee and transmit the same to
the Exclusive Representative.
Subd. 3.
The fair share fee for employees in this bargaining unit shall not exceed
an amount equal to the regular membership dues of the Exclusive Representative,
less the cost of benefits financed through the dues and available only
to members of the representative, and in no event shall exceed eighty-five
percent (85%) of the regular membership dues.
Subd. 4.
Provided the Exclusive Representative requires a "fair share fee"
of members within the bargaining unit, the exclusive representative shall
provide the District with written notice of said fair share amount.
Subd. 5.
Proof of notification shall be the signatures of the affected employees
or a signed receipt of a certified letter sent to the employees.
Subd. 6.
The Exclusive Representative further agrees to hold harmless and indemnify
the District from actions or judgments arising from the establishment
or execution of said "fair share fees."
Section 5. Personnel Files
Members of the unit, upon written request to the Supervisor having custody
of the files, have the right to review the content of his/her own personnel
file and evaluations. Members of the unit shall have the right to reproduce,
at the District's expense, any of the contents of his/her own file. Each
member of the unit shall have the right to submit for inclusion in his/her
file written information in response to any material in the file, and
such information shall become part of the file.
SALARY SCHEDULES AND RATES OF PAY
Section 1. Effective Date
The rates of pay reflected in Appendix A shall be a part of this Agreement
and shall be effective as provided herein for a period as provided in
Article XV, Duration, of this Agreement.
Section 2. New Employees
The past experience of a new employee will be evaluated by the Property
Services Supervisor who will recommend to the Human Resources Office an
appropriate step on the salary schedule. Upon request of the Union, its
representatives may meet with the Assistant Superintendent for Human Resources
to discuss any placement above Step #3. A new employee shall be eligible
for advancement on July 1 if employed prior to January 1 of the same year.
An employee hired after January 1 shall not be eligible for an increase
in his/her starting salary until one (1) year from the following July
1.
Section 3. Salary Schedule Placement of Promoted or Demoted
Employees or Voluntary Transfers:
Subd. 1.
Promotions: In the event that an employee is promoted to a job classification
with a higher "band, grade, and subgrade," the employee shall
be moved to that lane and step on the schedule representing an increase
in pay plus one (1) additional step.
Subd. 2.
Demotions: If a reduction in force requires an employee to transfer to
a job with a lower "band, grade , and subgrade," the employee
shall be frozen at the employee's rate of pay prior to the reduction in
force until the employee's schedule placement catches up. However, such
employee must bid on all subsequent openings in higher "band, grade,
and subgrade" positions. Failure to bid on such positions will result
in pay rate placement as outlined in Subd. 3.
Subd. 3.
Voluntary Transfers: If an employee voluntarily requests a transfer (subject
to the limitations of Article XII, Seniority, Vacancies and Layoffs, Section
4, Administrative Transfers) to a position having a lower band, grade,
and subgrade, he/she will move back to the lower rate of pay from the
step he/she was on in the previous position.
Section 4. Temporary Change in Classification
Employees assigned temporarily to a higher pay classification shall receive
the higher rate of pay retroactive to day one (1) after five (5) days
of temporary assignment. All vacations are excluded from this paragraph.
Section 5. Hours of Work
Subd. 1.
A regular work week for full-time employees, as defined in Article VII,
shall consist of a forty (40) hour week.
Subd. 2.
The work schedule of employees will not be manipulated on a day-to-day
basis to avoid paying overtime labor costs. Work schedules will be set
by the Property Services Supervisor, or his/her designee.
Subd. 3.
Split shifts will not be implemented without the approval of the Association.
Section 6. Overtime Pay
Subd. 1.
Any work performed over forty (40) hours in any work week shall be overtime
and shall be paid or have release time at time and one-half (1 and 1/2
time) rate. All hours performed in excess of the regular work schedule
shall be authorized by a time sheet signed by the Supervisor.
Subd. 2.
However, in the event of an order by authorized federal or state authority,
or in case of declared emergency by the Board, the School District may
modify the duty day or duty week to place the School District in compliance
with such federal or state order, but with the understanding that the
total number of hours per week shall not be increased -- i.e. a four (4)
day week with increased hours per day, but the total weekly hours not
more than forty (40) hours.
Subd. 3.
Overtime rates are to be computed on an employee's total salary as used
for tax deduction purposes, less any overtime pay.
Section 7. Minimum Pay (Call Back)
In an emergency, an employee called back to work after having completed
his/her regular day's work, shall receive time and one-half (1 and 1/2
time) rate for hours worked, with a minimum of two (2) hours of pay. Determination
of an "emergency" will be made by the Property Services Supervisor
or, in his/her absence, the Business Officer.
Subd. 1.
A part-time employee, as defined in Article VII, shall not be entitled
to call back pay.
Subd. 2.
Call back pay shall not, under any circumstances, apply to building checks.
Section 8. License Fee Reimbursement
The School District will reimburse $10.00 for license fee renewal each
year. Custodians must submit a copy of the license to the Property Services
Supervisor. Reimbursements will be made in December of each year.
Section 9. Storm Days
Subd. 1.
Operation and Maintenance Employees are required to work on all storm
days falling on regular work days, even though school may be closed because
of inclement weather. An employee missing work under this clause will
be given the opportunity to:
a. Make up time by working additional hours;
b. Use scheduled vacation available; or
c. Take a salary deduction.
Subd. 2.
Once an employee has reported for work on a storm day and has been released
early by the Property Services Supervisor, they will receive pay for an
eight (8) hour day.
EMPLOYEE DESIGNATION
All employees shall be designated as follows:
Section 1. Full-Time Employees
A "full-time employee" is an employee who works eight (8) hours
per day, five (5) days per week, twelve (12) months per year.
Section 2. Part-Time Employees
A "part-time" employee is an employee who works less than eight
(8) hours per day, five (5) days per week.
Section 3. Casual Employee
A casual employee is any employee who is not required to work a regular
schedule, five (5) days per week.
HOLIDAYS
Section 1. Paid Holidays
Regular, full-time employees, as defined in Article VII, shall receive
the following paid holidays:
1. New Year's Day 9. Christmas Day
2. Memorial Day 10. Presidents' Day
3. Good Friday (provided students and teachers
4. Christmas Eve Day are not in building.)
5. Independence Day
6. Labor Day 11. New Year's Eve Day
7. Thanksgiving Day
8. Friday after Thanksgiving
When an employee is required to work on Presidents' Day, he/she shall
be granted a different day in lieu thereof, on a date as determined by
the Superintendent or his/her designee.
Section 2. Changing Holiday Dates
Subd. 1.
The School District reserves the right, if school is in session, to change
any of the above holidays and establish another holiday in lieu thereof.
Any legal holiday which falls within an employee's vacation period shall
not be counted as a vacation day.
Subd. 2.
Holidays that fall on weekends will be observed on a day established by
the School Board.
Section 3. Eligibility
In order to be eligible for holiday pay, an employee must have worked
his/her regular work day before and after the holiday unless he/she is
on an excused illness or another leave under these provisions.
LEAVE PROVISIONS
Section 1. Sick Leave
Subd. 1.
Full-time employees, as defined in Article VII, shall be granted leave
as defined in this Article.
Subd. 2.
Employees shall be granted sick leave at the rate of twelve (12) days
per year (one (1) day per month).
Subd. 3.
Unused sick leave days may accumulate to a maximum credit of sixty (60)
days of sick leave.
Subd. 4.
When an employee shall have accrued the maximum sixty (60) days of sick
leave to his/her credit, the full sixty (60) days shall be restored on
July 1 of each year regardless of usage the previous year. This policy
shall be subject to the provisions of the Long-Term Disability Insurance.
Subd. 5.
Sick leave with pay shall be allowed by the School District whenever an
employee's
absence is found to have been due to illness which prevented attendance
and performance of duties on that day or days. Sick leave with pay shall
also be allowed by the School District in the case of an injury or illness
to the employee's minor children; in the situation where both father and
mother are employed by the School District, only one (1) individual can
use such leave unless there exists an emergency.
Subd. 6.
In order to qualify for sick leave pay, the School District may require
an employee to furnish a medical certificate from the school health officer
or from a qualified physician as evidence of illness.
Subd. 7.
Sick leave allowed shall be deducted from the accrued sick leave days
earned by the
employee.
Subd. 8.
Sick leave pay shall be approved only upon submission of a signed absence
verification form available at the Human Resources Office.
Subd. 9.
Employees are required to give notice to their supervisor when sick leave
is to be
taken to allow time to obtain replacements.
Section 2. Child Care/Parenting Leave
Subd. 1.
A child care/parenting leave may be granted by the School District to
an eligible employee to provide parental care to the employee's child,
including birth and adoption.
Subd. 2.
An "employee," for purposes of this Section, means a person
who performs services for at least twelve (12) consecutive months preceding
the request for a leave under this Section, and for an average of twenty
(20) or more hours per week during those twelve (12) months.
Subd. 3.
A "child," for purposes of this Section, means an individual
under eighteen (18) years of age, or an individual under age twenty (20),
who is still attending secondary school.
Subd. 4.
An employee making application for child care/parenting leave shall inform
the Assistant Superintendent of Human Resources in writing of the intention
to take the leave at least three (3) calendar months before commencement
of the intended leave, except in emergency circumstances.
Subd. 5.
The employee and the School District shall discuss the appropriate timing
for a child care/parenting leave considering the availability of substitutes,
the duration of the leave and other matters as may be pertinent to the
leave. Unless there is a conflict caused by the use of sick leave as set
forth in Subd. 6 below, the School District may adjust the proposed beginning
and/or ending dates of the child care/parenting leave so that the dates
of the leave are coincident with a natural break in the school year, i.e.,
winter vacation, spring vacation, semester or quarter break, end of grading
period, end of the school year, or the like. In any case, such child care/parenting
leave shall be no longer than six (6) weeks.
Subd. 6.
An employee who elects a child care/parenting leave for reasons of pregnancy
may, in addition, elect to use sick leave pursuant to the provisions of
Section 1 of this Article to cover the period of disability incident to
the pregnancy. After the birth of a child, a certificate of disability
from the employee's physician is required every two (2) weeks. In the
event that child care/parenting leave is elected, the period of child
care/parenting leave must immediately follow the use of such sick leave
and may not exceed six (6) weeks in duration.
Subd. 7.
In making a determination concerning the commencement and duration of
a child care/parenting leave, the School District shall not, in any event,
be required
to:
a. Grant any leave more than six (6) weeks in duration; or
b. Permit the employee to return to his/her employment prior to the date
designated in the request for child care/parenting leave.
Subd. 8.
An employee returning from child care/parenting leave shall be reinstated
in the employee's former position, or in a position of comparable duties,
number of hours and pay unless previously terminated. An employee is not
entitled to reinstatement if, during the period of leave, the School District
experiences a layoff and the employee taking the leave would have been
laid off had the employee not been on such a leave. The employee retains
all rights regarding layoff and recall as may otherwise be set forth in
this Agreement.
Subd. 9.
Failure of the employee to return pursuant to the date determined under
this Section
shall constitute grounds for termination unless the School District and
the employee mutually agree in writing to an extension of the leave.
Subd. 10.
The parties agree that the applicable periods of probation for employees
as set forth in this Agreement are intended to be periods of actual service
enabling the School District to have the opportunity to evaluate performance.
The parties agree, therefore, that periods of time for which the employee
is on child care/parenting leave shall not be counted in determining the
completion of the probationary period.
Subd. 11.
An employee who returns from child care/parenting leave within the provisions
of this Section shall retain all previous experience credit and any unused
leave time accumulated under the provisions of this Agreement at the commencement
of the beginning of the leave. The employee shall accrue additional experience
credit or leave time during the period of absence for child care/parenting
leave.
An employee on child care/parenting leave is eligible to participate in
group insurance programs if permitted under the insurance policy provisions,
but shall pay the entire premium for such programs as the employee wishes
to retain, commencing with the beginning of the child care/parenting leave.
The right to continue participation in such group insurance programs,
however, will terminate if the employee does not return to the District
pursuant to this Section.
Subd. 13.
Leave under this Section shall be without pay or fringe benefits.
Section 3. Family/Medical Leave
Subd. 1.
An employee, as defined herein, will be granted an unpaid leave of absence
for a total period of up to twelve (12) work-weeks during any twelve (12)
month period for any of the following:
a. The birth and first-year care of a child;
b. The adoption or foster placement of a child;
c. To care for the spouse, child, or parent of the employee if such spouse,
child, or parent has a serious health condition; or
d. A serious health condition that makes the employee unable to perform
his/her job.
Subd. 2.
An "employee," for purposes of this Section, means any individual
employed by the School District for twelve (12) months preceding the request
for a leave under this Section, and who has worked for at least 1,250
hours during that twelve (12) month period.
Subd. 3.
A "child," for purposes of this Section, means the employee's
son or daughter, which includes biological, adopted, foster, step, legal
ward, or a child of a person standing in loco parentis, who is
under eighteen (18) years of age, or eighteen (18) years of age or older
and incapable of self-care because of a mental or physical disability.
Subd. 4.
"Spouse," for purposes of this Section, means husband or wife,
but does not include unmarried domestic partners.
Subd. 5.
A "parent," for purposes of this Section, means the biological
parent of an employee or an individual who stood in loco parentis
to an employee when the employee was a youth.
Subd. 6.
A "serious health condition," for purposes of this Section,
means an illness, injury, impairment, or physical or mental condition
that involves inpatient care in a hospital, or residential medical care
facility, including any period of incapacity or any subsequent treatment
in connection with inpatient care, or continuing treatment by a health
care provider. A "health care provider" is defined as a doctor
of medicine or osteopathy, who is authorized to practice medicine or surgery
by the State of Minnesota.
Subd. 7.
In the event a leave is requested under this Section, an employee must
provide the employer written notice at least thirty (30) days in advance
of when the leave is to begin. This written notice must be submitted to
the Assistant Superintendent for Human Resources if the need for the leave
is foreseeable based on an expected birth, placement for adoption or foster
care, or planned medical treatment for a serious health condition of the
employee or of the employee's family member. If thirty (30) days notice
is not practicable, because of a lack of knowledge of approximately when
the leave will be required to begin, a change in circumstances, or a medical
emergency, notice must be given as soon as practicable. "As soon
as practicable" means as soon as both possible and practical, taking
into account all of the facts and circumstances for the individual case,
and ordinarily would mean at least verbal notification to the Assistant
Superintendent of Human Resources within one (1) or two (2) business days
prior to when the need for leave becomes known to the employee.
Subd. 8.
In the event that the foreseeable leave is in connection with the care
for the spouse, child, or parent of the employee, or a serious health
condition that makes the employee unable to perform his/her job, the employee
must make a reasonable effort to schedule treatment, including taking
leave intermittently or on a reduced hours basis, as to not unduly disrupt
the operations of the School District, subject to the approval of the
employee's or family member's health care provider.
Subd. 9.
In the event that the leave is in connection with the care for the spouse,
child, or parent of the employee, or a serious health condition that makes
the employee unable to perform his/her job, the School District may require
the employee to provide timely certification from the employee's health
care provider, or a family member's health care provider, addressing:
a. The approximate date on which the serious health condition commenced;
b. The probable duration of the serious health condition, including the
probable duration of the patient's present incapacity;
c. The appropriate medical facts, within the knowledge of the health care
provider, regarding the serious health condition;
d. In the event that the leave is in connection with the care for the
spouse, child or parent of the employee, a statement that the employee
is needed to care for the spouse, child or parent, and an estimate of
the amount of time the employee is needed to care for the spouse, child
or parent;
e. In the event the leave is in connection with a serious health condition
that makes the employee unable to perform his/her job, a statement that
the employee is unable to perform the functions of his/her job; and
f. In the case of certification for intermittent leave for planned medical
treatment, the dates on which such treatment is expected to be given,
and the duration of such treatment.
Subd. 10.
In the event that the School District doubts the certification provided
pursuant to Subd. 9 of this Section, the School District may, in its discretion,
require, at its own expense, that the employee obtain the opinion of a
second health care provider (other than a School District employee) designated
by the School District. If the second opinion provided for herein differs
from the certification provided pursuant to Subd. 9 of this Section, the
School District may require, at its own expense, that the employee obtain
the opinion of a third health care provider designated or approved by
both the School District and the employee, which opinion shall be final
and binding on both the School District and the employee.
Subd. 11.
The School District may require, or the employee may elect, the substitution
of the employee's accrued paid vacation leave, personal leave or emergency
leave for any part of the twelve (12) week period of such leave. The employee
may not elect the substitution of paid medical or sick leave to care for
the spouse or parent of the employee if such spouse or parent has a serious
health condition. However, the School District may require, or the employee
may elect, the substitution of paid medical or sick leave to care for
the child of the employee who has a serious health condition or in the
event of a serious health condition of the employee himself/herself which
makes the employee unable to perform his/her job. In addition, any leave
provided pursuant to this Section shall not be in addition to any other
child care/parenting leave.
Subd. 12.
In the event that the leave is in connection with a serious health condition
that makes the employee unable to perform his/her job, the School District
may require the
employee to provide certification from the employee's health care provider
that the employee is able to resume work.
Subd. 13.
During the period of a leave as provided for herein, the employee shall
retain all seniority, salary and fringe benefits which had been accrued
prior to the taking of such a leave.
Subd. 14.
The School District shall maintain coverage for the employee under any
group health insurance plan for the duration of any leave provided for
herein at the level and under the conditions coverage would have been
provided if the employee had continued in employment continuously for
the duration of such leave. The employee, however, shall pay that portion
of the premium as otherwise set forth in this Agreement. The School District
may recover any premium that the School District paid for maintaining
such coverage for the employee pursuant to this Subdivision if the employee
fails to return to work after the leave has expired for reasons other
than the continuance, recurrence or onset of a serious health condition
or other circumstances beyond the control of the employee.
Subd. 15.
Upon return from leave as provided for herein, the employee shall be restored
to the position held by the employee when said leave commenced, or to
an equivalent position with equivalent employment benefits, pay and other
terms and conditions of employment. The School District is not required
to reinstate the employee if it can show that the employee would have
been subject to layoff at the time reinstatement is requested.
Subd. 16.
In the event that both a husband and wife are employed by the School District,
the aggregate number of work weeks of leave for the birth or adoption
of a child, or to care for a sick child or parent, to which both may be
entitled shall be limited to twelve (12) work weeks during any twelve
(12) month period.
Subd. 17.
Except as provided in Subd. 11 of this Section, Family/Medical Leave is
without pay.
Subd. 18.
An employee who attempts to use leave provided in this Section, and also
Child Care/Parenting Leave, shall have the amount of Child Care/Parenting
Leave count against the leave provided in this Section.
Section 4. Emergency and Essential Leave
Employees will be entitled to a maximum of seven and one-half (7 and 1/2)
days of emergency leave of absence with full pay each school year in addition
to sick leave. This will not be cumulative. Such leaves will be granted
for the following: death, emergency or serious illness requiring bedside
or household attention by the employee of the employee's spouse, child,
son-in-law, daughter-in-law, parents, father-in-law, mother-in-law, sibling,
or member of the immediate household. One (1) day of the allotted seven
and one-half (7 and 1/2) days of emergency leave may be used for the funeral
of a friend.
Employees will be granted up to three (3) days of the above-mentioned
seven and one-half (7 and1/2) days at one (1) time in the event of death
of an employee's grandfather, grandmother, grandchild, brother-in-law,
sister-in-law, aunt, uncle, niece, or nephew.
Section 5. Medical Leave
Subd. 1.
Employees who are unable to perform their duties because of personal illness
or disability and who have exhausted all accumulated sick leave, or have
become eligible for long-term disability compensation, may receive a leave
of absence without pay for the duration of such illness or disability
up to one (1) year. The leave may be renewed for one (1) year at the discretion
of the School Board upon the written request of the employee.
Subd. 2.
In accordance with state law, the employee while on medical leave of absence
shall be permitted to continue with the School District's insurance program
by paying the full premium.
Subd. 3.
At the expiration of the leave, if the disability still exists and the
leave is not extended, the employee's employment is terminated. When employment
is terminated in such a circumstance, group insurance benefits may be
continued at the employee's option and expense consistent with State and
Federal laws.
Section 6. Other Leaves
The School Board may allow leaves of absence for reasons other than those
listed in this Article. If the leave is for six (6) months or less, the
employee shall return to the same position. If the leave is for more than
six (6) months, the employee shall return to a comparable position.
Section 7. Salary Deductions
Absences not covered by leave policies will result in a salary deduction
at the employee's regular daily compensation rate.
Section 8. Vacations
Subd. 1.
Operation and Maintenance employees on a twelve (12) month assignment
will be allowed annual vacation as of July 1 of each year as follows:
a. After six (6) months, six (6) days;
b. After eleven (11) months, twelve (12) days;
c. After five (5) years, fifteen (15) days;
d. After ten (10) years, eighteen (18) days; and
e. After fifteen (15) years, twenty-one (21) days.
Subd. 2.
Except by written mutual agreement, vacation time must be taken during
the summer months when school is not in session. Vacation shall not accrue
from year to year.
Subd. 3.
A resigning employee shall be entitled to a full pro-rata vacation as
earned on a monthly basis, provided such employee provides the School
District with at least two (2) weeks, advance written notice of his/her
resignation.
Subd. 4
Part-time employees working five (5) days per week, twelve (12) months
per year, shall earn vacation pursuant to this Section, with the length
of their vacation day being the same length as their regular work day.
Subd. 5.
Any unused or accrued vacation may be deducted from Family/Medical Leave
used by the employee, at the School District's discretion.
Section 9. Military Leave
Military leave shall be granted pursuant to applicable laws.
Section 10. Jury Duty
Employees shall be granted a leave of absence with pay any time they are
required to report for jury duty or jury service. Employees shall be paid
the regular salary during the period of jury duty or jury service but
shall turn over to the School District any jury duty or jury services
pay - excluding travel and expense allowance.
Section 11. Union Leave
Employees elected or selected by the Union to attend Union conventions,
conferences, and/or seminars, shall be granted a leave of absence without
pay, for a period not exceeding five (5) working days, and provided that
such absence shall not interfere with the services and operation of the
employee's department. Interference shall be determined by the proper
authority in charge of buildings and grounds.
Section 12. Personal Leave
An employee may be granted a one (1) day leave at full pay for personal
business, which cannot be attended to when school is not in session and
is not covered under other provisions of this Agreement. Requests for
leave shall be made to the immediate Supervisor no later than three (3)
days prior to the requested leave, except in cases of emergency. This
leave shall be non-accumulative. In cases of conflict, the most senior
employee's request shall prevail.
GROUP INSURANCE
Section 1. Selection of Carriers
The selection of the insurance carriers and policies shall be made by
the School District.
Section 2. Claims Against the School District
The parties agree that any description of insurance benefits contained
in this Article are intended to be informational only, and the eligibility
of any employee for benefits shall be governed by the terms of the insurance
policy purchased by the School District pursuant to this Article. It is
further understood that the School District's only obligation is to provide
an insurance policy as agreed to herein, and no claim shall be made against
the School District as a result of a denial of insurance benefits by an
insurance carrier.
Section 3. Eligibility
Full-time employees, as defined in Article VII, shall be eligible for
group insurance as set forth in this Article.
Section 4. Duration
An employee is eligible for District insurance contributions and payroll
deductions as provided in this Article as long as the unit member is employed
by the School District. Upon termination of employment, all deductions
and contributions shall cease, effective on the last working day.
Section 5. Participation
In accordance with the provision set forth in this Article, the School
District shall provide an opportunity for eligible employees to participate
in group insurance plans.
Section 6. Medical-Hospitalization Insurance
The School District shall contribute a sum, toward the cost of the coverage
for each
unit member employed by the School District who qualifies for and is enrolled
in the group
medical-hospitalization plan, equivalent to an amount per hour worked
as follows:
Year Benefit Per Hour Worked
1998-1999 80 cents
1999-2000 80 cents
Employees with current benefits greater than those noted above will remain
the same until the benefit level equals the current benefits.
The cost of the premium not contributed by the School District shall be
borne by the employee and paid by payroll deduction.
Section 7. Long-Term Disability Insurance
The School District shall pay the premium for long-term disability insurance.
The income plan shall include the following provisions:
a. Benefits begin after sixty (60) work days of total disability;
b. The monthly income benefits will be 60% of the basic monthly earnings;
c. Benefits will be paid for disability due to an accident or illness
as long as the employee remains totally disabled up to age sixty-five
(65), and thereafter as required under option (b) of the Age Discrimination
and Employment Act; and
d. During the period an employee is receiving long-term disability compensation
as provided in this Agreement, such employee shall not be eligible for
sick leave.
Section 8. Life Insurance
The District agrees to furnish each employee working full-time, as defined
in Article VII, with a Life Insurance Policy, total of $50,000, with all
expenses to be borne by the District.
Section 9. Additional Life Insurance
Supplemental Life Insurance totaling $25,000 will be provided to employees
who qualify, at the employee's option, and at his/her own expense subject
to the limitations enforced by the insurance carrier.
Section 10. Optional Cancer Care or Intensive Care Insurance
Employees in the unit who qualify for and wish to carry cancer care or
intensive care insurance may do so on a payroll deduction basis at their
own expense. This option must be exercised during the period of September
1 to September 30 of each school year, subject to the limitations of Section
2.
Section 11. Optional Dependent Insurance
Employees in the unit who qualify for and wish to carry optional dependent
insurance may do so on a payroll deduction basis at their own expense.
This option must be exercised during the period of September 1 to September
30 of each school year, subject to limitations of Section 2.
Section 12. Workers' Compensation
In case of a compensable injury or sickness incurred while on the job,
that is eligible for Workers' Compensation Benefits, an employee may elect
to use as much pro-rata sick leave as necessary and available to equal
the normal pay. Any such injury or sickness must be reported immediately
to the School District.
Section 13. Dental Insurance
Employees desiring to purchase optional dental insurance coverage if available,
and who qualify, may do so through payroll deductions.
Section 14. Vision Insurance
Employees desiring to purchase optional vision insurance coverage if available,
and who qualify, may do so through payroll deductions.
TERMINATION OF SERVICES
Section 1. Early Retirement Incentive Pay
Subd. 1. Qualifications
Employees who have completed ten (10) years with the School District,
and are fifty-five (55) years of age or older, shall be eligible for early
retirement incentive pay pursuant to the provisions listed below, upon
early retirement. An employee shall be eligible for early retirement incentive
pay based on the highest annual salary of the last five (5) years.
Subd. 2. Formula-Proration
Proration formula by age:
Age 55 through 60 60%
61 50%
62 40%
63 30%
64 20%
65 10%
Subd. 3. Payments
Early retirement incentive payments shall be paid as decided by the District.
Section 2. Group Hospitalization
An employee retiring prior to age sixty-five (65), but over age fifty-five
(55), shall have the option to continue group hospitalization insurance
for single and/or dependent coverage under the group policy offered by
the District. The cost of said coverage shall be the expense of the employee.
SENIORITY, VACANCIES, & LAYOFFS
Section 1. Seniority
Subd. 1.
Seniority standing shall be granted to all full-time employees, as defined
in Article VII. This standing is to be determined on the basis of total
length of continuous employment in this unit with the School District.
Subd. 2.
An employee shall lose his/her seniority standing upon voluntary resignation
from
employment or upon discharge for cause. An employee's seniority shall
not be terminated because of absence due to illness, authorized leave
of absence or temporary layoff.
Section 2. Job Postings
Subd. 1.
A "permanent job opening" is a vacancy in a position covered
by the Agreement. A permanent job opening will not exist when any person
who has a seniority claim on that position is on vacation, sick leave,
or other leave of absence subject to definitions of Article 3, Section
2, Appropriate Unit.
Subd. 2.
All vacancies or new jobs shall be posted in each area of employment for
a period of five (5) working days. Any present employee shall be eligible
to apply for said vacancy or new job. Postings shall contain the following
information: location, usual hours of work, description of the job, and
minimum qualifications.
Subd. 3.
Seniority will be considered in the filling of vacancies provided an employee
has the
qualifications to perform the duties and handle the responsibilities of
the position. Final decision shall be made by the District.
Subd. 4.
However, an application for a position under this Section which creates
a salary reduction for an employee shall only be made with the approval
of the Assistant Superintendent of Human Resources.
Subd. 5.
Copies of all job postings will be posted to the Stewards of the local
unit.
Section 3. Promotion Positions
Subd. 1. Band, Grade, and Subgrade
For purposes of this section, a promotion is defined as involving an increase
in pay.
Subd. 2.
In filling positions involving a promotion as defined above, the position
shall be filled by the School District with the best qualified candidate
as determined by the School District. In making its determination, the
School District shall consider the employee's qualifications and aptitude
for the position, as well as his/her length of service with the School
District, along with other relevant factors. Final decision shall be made
by the District.
Subd. 3.
Upon promotion to a higher classification, and after successful completion
of a six (6)month probationary period, during which, the employee will
be given status reports at the 30 - 60 - 90 - 120 day plateaus, the employee
shall be awarded the new classification.
Section 4. Administrative Transfers
Seniority and posting shall not apply in an administrative transfer involving
two (2) regular employees. Transfers of this nature will be discussed
with the Union prior to final disposition.
Section 5. Staff Reduction
Subd. 1.
In the event conditions necessitate a reduction of staff, voluntary separation,
if any, will be accepted.
Subd. 2.
Employees shall be laid off according to seniority in the inverse order
of hiring. Employees shall be rehired according to seniority in the reverse
order of layoffs. However, employees may not displace a junior Building
Head nor claim a vacant Building Head position through the exercise of
seniority rights.
Section 6. Notifying the District of a Change of Address
A laid-off employee must advise the District of any change in address
in order to be notified of job openings for which he/she may be qualified.
Section 7. Seniority List
The School District will post a seniority list and revise it every twelve
(12) months.
MISCELLANEOUS
Section 1. Uninterrupted Services
The parties recognize that their first obligation during the term of this
Agreement is to see that the students of the District receive a continuous
and uninterrupted delivery of instructional services.
Section 2. Short Course Training
The School District will pay the tuition costs of authorized and approved
short-course training.
Section 3. Use of Bulletin Boards
The Association shall be permitted the use of school bulletin boards located
on the premises of the School District for the posting of matters of interest
to its members.
Section 4. Access to Buildings
Representatives of the Minnesota School Employee Association shall have
access to the premises of the School District subject to reasonable District
rules, to investigate grievances and other problems with which they are
concerned, provided permission is requested, and approval granted, by
the respective building principal.
Section 5. Union Stewards
The Union shall select five (5) stewards from their membership who will
constitute the grievance and negotiating committees. The name of these
members and their successors shall be submitted to the Human Resources
office by the Union.
Section 6. Mileage Reimbursement
Employees whose work requires the use of their personal car for transportation
from one (1) building to another during their regular work day, shall
be paid according to IRS mileage allowances. Mileage reports may be turned
in for each pay period.
Section 7. Probationary Period
New employees shall undergo a six (6) month probationary period before
they are regarded as a regular full-time employee. The affected employee,
the Association, and the School District may agree in writing to extend
the employee's probationary period by ninety (90) days.
Section 8. Resignation
A resignation should be turned in at least two (2) weeks in advance of
leaving. Employees should write a letter of resignation to the Assistant
Superintendent of Human Resources (copy to their Supervisor) stating the
reasons for leaving. The Assistant Superintendent of Human Resources must
then present the resignation to the School Board at its next regular meeting
for acceptance.
Section 9. Job Assignment
An employee's duties shall be established or assigned by the immediate
supervisor.
Section 10. Right and Responsibility
Employees are responsible to their building principal or the Property
Services Supervisor. Should a grievance arise, an employee has the right
of appeal through the grievance procedure.
Section 11. Pay Periods
Subd. 1.
Pay periods for employees working on a schedule of five (5) days per week
will be paid at the end of each month.
Subd. 2.
The annual salary will be paid in twelve (12) equal payments. The first
check will be in July, and the last check will be in June.
Subd. 3.
Time sheets will be turned in to the employee's immediate Supervisor according
to the schedule sent to all Administrators and Supervisors by the payroll
department.
Section 12. Discharge and Discipline
Discharges shall be made only for just cause. Any of the following reasons
shall be considered just cause for dismissal:
a. Failure to perform duties assigned;
b. Insubordination and lack of cooperation;
c. Use of intoxicating liquor or drugs which are detected by the employee's
Supervisor, or anyone who comes in contact with the employee while the
employee is on duty; and/or
d. The commission of any criminal offense involving moral turpitude.
Any employee liable to dismissal for just cause by the School Board shall
be given a written notice of discharge which shall state the cause of
dismissal. Any employee who fails to do a satisfactory job may receive
a written warning notice of possible temporary suspension for not more
than one (1) week; if second warning notice (notice of possible impending
discharge) goes unheeded, the employee may be discharged.
Section 13. Representation During Disciplinary Meetings
If a Supervisor meets with an employee to discuss possible written reprimand,
suspension or discharge, the employee shall be entitled to have a Union
Representative present. The meeting shall occur within two (2) working
days after the School District's request for such a meeting.
GRIEVANCE PROCEDURE
Section 1. Grievance Definition
A "grievance" shall mean a dispute or disagreement by an aggrieved
(association or employee) as to the interpretation or application of any
term or terms of this Agreement.
Section 2. Representative
The employee, or School District, may be represented during any step of
the procedure by any person or agent designated by such party to act in
his/her/its behalf.
Section 3. Definitions and Interpretations
Subd. 1. Extension
Time limits specified in this Agreement may be extended by mutual written
agreement.
Subd. 2. Days
Reference to days regarding time periods in this procedure shall refer
to "working days". A "working day" is defined as all
week days not designated as holidays by State law.
Subd. 3. Computation of Time
In computing any period of time prescribed or allowed by procedures herein,
the date of the act, event, or default for which the designated period
of time begins to run shall not be included. The last day of the period
so computed shall be counted, unless it is a Saturday, a Sunday or a legal
holiday, in which event the period runs until the end of the next day
which is not a Saturday, a Sunday or a legal holiday.
Subd. 4. Filing and Postmark
The filing or service of any notice or document herein shall be timely
if it is personally served or it bears a certified postmark of the United
States Postal Service within the time period specified.
Section 4. Adjustment of Grievance
The parties shall attempt to adjust all grievances which may arise during
the course of employment of any employee within the School District in
the following manner of informal discussions with the Property Services
Supervisor.
Subd. 1. Time Limitation and Waivers
a. A grievance shall not be valid for consideration unless the grievance
is submitted in writing to the Property Services Supervisor setting forth
the facts and the specific provisions of the Agreement allegedly violated
and the particular relief sought within twenty (20) days after the date
the event giving rise to the grievance occurred.
b. Failure to file any grievance within such period shall be deemed a
waiver thereof. Failure to appeal a grievance from one (1) level to another
within the time periods hereafter provided shall constitute a waiver of
the grievance.
Subd. 2. Level I
If the grievance is not resolved through informal discussions, the immediate
Supervisor, or designee, shall give a written decision on the grievance
to the parties involved within ten (10) days after receipt of the written
grievance.
Subd. 3. Level II
In the event the grievance is not resolved in Level I, the decision rendered
may be appealed to the Assistant Superintendent of Human Resources provided
such appeal is made in writing within five (5) days after receipt of the
decision in Level I. If a grievance is properly appealed, the Assistant
Superintendent of Human Resources, or designee, shall set a time to meet,
and shall issue a decision in writing to the parties involved within ten
(10) days of the meeting.
Subd. 4.
Processing of all grievances through Level II shall be during the normal
workday, and the employee shall not lose wages due to his/her necessary
participation.
Section 5. Denial of Grievance
Failure by the Assistant Superintendent of Human Resources or designee
to issue a decision within the time periods provided herein shall constitute
a denial of the grievance and the employee may carry the grievance to
arbitration.
Section 6. Arbitration Procedures
In the event that the employee and the District are unable to resolve
any grievance, the grievance may be submitted to arbitration as defined
herein.
Subd. 1. Request
A request to submit a grievance to arbitration must be in writing, signed
by the aggrieved party, and such request must be filed in the office of
the Superintendent within ten (10) days following the decision in Level
II.
Subd. 2. Prior Procedure Required
No grievance shall be considered by the arbitrator which has not been
first duly processed in accordance with the grievance procedure and appeal
provisions.
Subd. 3. Selection of Arbitrator
Upon the prior submission of a grievance under the terms of this procedure,
the parties shall, within ten (10) days of the request to arbitrate, attempt
to agree upon the selection of an arbitrator. If no agreement on an arbitrator
is reached, either party may request the Bureau of Mediation Services
to appoint an arbitrator, pursuant to the P.E.L.R.A., providing such request
is made within twenty (20) days after the request for arbitration. The
request shall ask that the appointment be made promptly after the receipt
of said request. Failure to agree upon an arbitrator appointed by the
Bureau of Mediation Services within the time periods provided herein shall
constitute a waiver of the grievance.
Subd. 4. Submission of Grievance Information
a. Upon appointment of the arbitrator, the appealing party shall within
ten (10) days forward to the School District, the submission of the grievance
which shall include the following:
1) The issues involved;
2) Statement of the facts;
3) Position of the grievant; and
4) The written documents relating to Section 4 of this grievance procedure.
b. If there is any difference in opinion in (a) above, the other party
will respond.
c. The School District may make a similar submission of information relating
to the grievance either before or at the time of the hearing.
Subd. 5. Hearing
The grievance shall be heard by a single arbitrator, and both parties
may be represented by such person or persons as they may choose and designate.
The parties will have the opportunity to submit evidence, offer testimony,
and make oral or written arguments relating to the issues before the arbitrator.
The proceeding before the arbitrator shall be a hearing de novo.
Subd. 6. Decision
The decision by the arbitrator shall be rendered as soon as possible after
the close of the hearing. Decisions by the arbitrator in cases properly
before him/her shall be final and binding upon the parties, subject, however,
to the limitations of arbitration decisions as provided by the P.E.L.R.A.
Subd. 7. Expenses
Each party shall be responsible for equally compensating the arbitrator
for his/her necessary expenses. Each party shall bear its own expenses
in connection with the party's representatives, witnesses, and any other
expenses which the party incurs in connection with presenting its case
in arbitration. A transcript or recording shall be made of the hearing
at the request of either party. However, the party ordering a copy of
the transcript shall pay for such copy.
Subd. 8. Jurisdiction
The arbitrator shall have jurisdiction over disputes or disagreements
relating to grievances properly before the arbitrator pursuant to the
terms of this procedure. The jurisdiction of the arbitrator shall not
extend to proposed changes in terms and conditions of employment as defined
herein and contained in this written Agreement; nor shall an arbitrator
have jurisdiction over any grievance which has not been submitted to arbitration
in compliance with the terms of the grievance and arbitration procedure
as outlined here; nor shall the jurisdiction of the arbitrator extend
to matters of inherent managerial policy, which shall include but are
not limited to such areas of discretion or policy as the functions and
programs of the employers, its overall budget, utilization of technology,
the organizational structure, and the selection, direction, and number
of personnel. In considering any issue in dispute, in its order the arbitrator
shall give due consideration to the statutory rights and obligations of
the District to efficiently manage and conduct its operation within the
legal limitations surrounding the financing of such operations.
Section 7. Grievance Form
Grievances must be filed on the form provided in this Article. Forms shall
be supplied by the School District.
Section 8. Election of Remedies and Waiver
A party instituting any action, proceeding or complaint in a federal or
state court of law, or before an administrative tribunal, federal agency,
state agency, or seeking relief through any statutory process for which
relief may be granted, the subject matter of which may constitute a grievance
under this Agreement, shall immediately thereupon waive any and all rights
to pursue a grievance under this Article. Upon instituting a proceeding
in another forum as outlined herein, the employee shall waive the right
to initiate a grievance pursuant to this Article or, if the grievance
is pending in this grievance procedure, the right to pursue it further
shall be immediately waived. This Section shall not apply to actions to
compel arbitration as provided in this Agreement or to enforce the award
of an arbitrator.
GRIEVANCE REPORT FORM
Independent School District No. 152
Grievance No.
Name Building
Employees Group
Date Grievance Occurred
Statement of Facts:
Specific Provisions of Agreement Allegedly Violated:
Particular Relief Sought:
Date:
Signature of Grievant
Signature of Steward Rep.
Copies to:
Superintendent
Business Office
Human Resources
Principal
Exclusive Representative
DURATION
Section 1. Term and Reopening Negotiations
This Agreement shall remain in full force and effect for a period commencing
July 1,
1998, and continue through June 30, 2000, and thereafter until modifications
are made pursuant to the P.E..L.R.A. If either party desires to modify
or amend this Agreement, commencing at expiration, it shall give written
notice pursuant to the P.E.L.R.A.
Section 2. Effect
This Agreement constitutes the full and complete Agreement between the
School District and the Exclusive Representative representing the Operation
and Maintenance employees of the District. The provisions herein relating
to terms and conditions of employment supersede any and all prior agreements,
resolutions, practices, School District policies, rules or regulations
concerning terms and conditions of employment inconsistent with these
provisions.
Section 3. Finality
Any matters relating to the current Agreement term, whether or not referred
to in this Agreement, shall not be open for negotiation during the term
of this Agreement except if mutually agreed to by the parties.
Section 4. Severability
The provisions of this Agreement shall be severable by mutual agreement.
If any provision thereof, or the application of any provision under any
circumstances, is held invalid, it shall not affect any other provision
of this Agreement, or the application of any provision thereof.
MASTER AGREEMENT SIGNATURE PAGE
Signed this ____day of_______________ , 1998.
FOR THE DISTRICT:
INDEPENDENT SCHOOL MINNESOTA SCHOOL EMPLOYEES
DISTRICT #152 ASSOCIATION (OPERATION AND
MAINTENANCE EMPLOYEES)
(Board Chairperson) (President)
(Board Clerk) (Secretary)
_____________________________________
(Chief Negotiator) (Chief Negotiator)
Copyright © 1999 Moorhead Area Public Schools, Moorhead, MN
810 4th Ave. S., Moorhead, MN 56560; (218)236-6400
All Rights Reserved.
Home page URL: www.moorhead.k12.mn.us
Webmaster: [email protected]
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