Agreement Between
Independent School District No. 624 White Bear Lake, Minnesota and White Bear Lake Confidential Employees
Effective July 1, 2015 through June 30, 2017
WHITE BEAR LAKE CONFIDENTIAL EMPLOYEE AGREEMENT Article
Page INDEX
I.
Purpose….................................................................................................. 1
II.
Exclusive Representative ......................................................................... 1
III.
Definitions ................................................................................................ 1
IV.
School Board Rights ................................................................................ 2
V.
Employee Rights ...................................................................................... 2
VI.
Duty Year ................................................................................................. 3
VII.
Basic Compensation ................................................................................ 4
VIII.
Group Insurance ....................................................................................... 5
IX.
Leaves of Absence ................................................................................... 7
X.
Vacancies and Transfers ........................................................................ 11
XI.
Retirement .............................................................................................. 12
XII.
Required Records .................................................................................... 12
XIII.
Early Retirement ..................................................................................... 12
XIV.
Matching Annuity Plan ........................................................................... 13
XV.
Seniority Policy....................................................................................... 14
XVI.
Miscellaneous ......................................................................................... 14 Publication of Contract Individual Contract Tax Sheltered Annuities Application of Benefits Grievances Retroactive Payments ............................................................................. 14 Holidays Non-Salary Benefits
XVII.
Duration .................................................................................................. 15 Signature Page ........................................................................................ 16 Grievance Procedure – Attachment A ................................................... 17 Grievance Report Form – Attachment B ................................................ 20 Salary Schedule – Attachment C ............................................................ 21
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AGREEMENT ARTICLE I PURPOSE Section 1. Parties: THIS AGREEMENT is entered into between the School Board of Independent School District No. 624, White Bear Lake, Minnesota (herein after referred to as the School Board or School District) and the White Bear Lake Confidential Employees (hereinafter referred to confidential employees) pursuant to and in compliance with the Public Employment Labor Relations Act of 1971 (hereinafter referred to as the P.E.L.R.A.), as amended, to provide the terms and conditions of employment for confidential employees during the duration of this Agreement. Section 2. Purpose: The purpose of this Agreement is to promote orderly and constructive relationships between the Employer and confidential employees of this association. ARTICLE II RECOGNITION Section 1. Recognition: The School Board recognizes the White Bear Lake Confidential Employees as a bargaining association employed by the School Board, Independent School District No. 624, which shall have those rights and responsibilities as prescribed by the P.E.L.R.A. and as described in the provisions of this Agreement. Section 2. Appropriate Unit: The Employer agrees that it will meet and negotiate only with members of the association as listed in Attachment C concerning the terms and conditions of employment for the association. ARTICLE III DEFINITIONS Section 1. Terms and Conditions: The term “terms and conditions of employment” means the hours of employment, the compensation therefor, including fringe benefits except retirement contributions or benefits other than School District payment of or contributions to, premiums for group insurance coverage of retired confidential employees or severance pay, and the School District’s personnel policies affecting the working conditions of the confidential employees. The term does not mean educational policies of the School District. “Terms and conditions of employment” is subject to the provisions of P.E.L.R.A. Section 2. Employee: Any person who works in the association for which the association is the exclusive representative and who works more than fourteen (14) hours per week or thirty-five (35%) of the normal work week in the confidential employee’s. Section 3. School Board or School District: For purposes of this Agreement, the term School District or School Board shall mean the School Board or its designated representative. Section 4. Other Terms: Terms not defined in this Agreement shall have those meanings as defined by the P.E.L.R.A.
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ARTICLE IV SCHOOL BOARD RIGHTS Section 1. Inherent Managerial Rights: The parties recognize that the School Board 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 selection, direction, and number of personnel, and that all management rights and management functions not expressly delegated in this Agreement are reserved to the School Board subject to the right of the Exclusive Representative to meet and confer as provided in the P.E.L.R.A. Section 2. Management Responsibilities: The parties recognize the right and obligation of the School Board 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. Effect of Laws, Rules, Regulations: The parties recognize that all employees covered by this Agreement shall perform the services and duties prescribed by the School District. The parties also recognize the right, obligation, and duty of the School Board and its duly designated officials to promulgate reasonable rules, regulations, directives, and orders as deemed necessary insofar as such reasonable rules, regulations, directives, and orders are not inconsistent with the terms of this Agreement. The parties further recognize that the School Board, all employees covered by this Agreement, and all provisions of this Agreement are subject to the laws of the State of Minnesota, Federal laws, rules and regulations of the State Board of Education, and valid rules, regulations, and orders of State and Federal governmental agencies. Any provision of this Agreement found to be in violation of any such laws, rules, regulations, directives, or orders shall be null and void and without force and effect. ARTICLE V RIGHTS AND OBLIGATIONS OF EMPLOYEES Section 1. Right to Views: Pursuant to Minnesota State law, nothing contained in this Agreement shall be construed to limit, impair, or affect the right of any employee or the 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 the same 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 confidential employees, nor shall it be construed to require any public employee to perform labor or services against his/her will. Section 2. Right to Join: Employees shall have the right to form and join labor or employee organizations, and shall have the right not to form and join such organizations. Section 3. Personnel Files: Pursuant to Minnesota State law, all evaluations and files generated within the School District relating to each individual confidential employee shall be available during regular school business hours to each individual confidential employee upon his/her written request. The confidential employee shall have the right to reproduce any of the contents of the files at the confidential employee’s expense and to submit for inclusion in the file, written information in response to any material contained therein, provided, however, the School District may destroy such files as provided by law.
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Section 4. School Buildings, Facilities, and Equipment: The confidential employees shall have the right, upon request, to reasonable use of school buildings facilities and equipment subject to the right of the School Board to assess reasonable charges for additional custodial expenses or other additional operational expenses beyond normal maintenance costs resulting from such use, provided further that said use shall not interfere with normal school activities or functions. Section 5. Association Representatives: Representatives of the confidential employees and their respective affiliates shall be permitted to transact official Association business on school property at reasonable times, provided that this activity shall not interfere with or interrupt normal school operations. Section 6. Information: The parties agree that the confidential employees shall have access, upon reasonable notice, to appropriate any available information necessary for the confidential employees to exercise its responsibilities as Exclusive Representative. Section 7. Meet and Confer: The School Board shall afford the confidential employees an opportunity to meet and confer pursuant to the P.E.L.R.A. concerning policies and other matters of interest to the confidential employees which are not covered by this Agreement. Section 8. Confidential Employee's Rights: Nothing contained herein shall be construed to deny or restrict a confidential employee’s rights that he/she may have under the Minnesota School Law or other applicable laws. Section 9. Probationary Period: The probationary period is an extension of the evaluation process. It provides an opportunity for the supervisor or designee to observe, and the employee to demonstrate, whether the employee can perform the duties and fulfill the responsibilities of the position. Subd. 1. Length of Probationary Period: Probationary periods shall be for a period of one (1) year from start date. Supervisors are encouraged to conduct mid-term reviews of probationary employees. A probationary employee may request and a supervisor may reduce the length of an employee’s required probationary period to not less than six (6) months. A probationary employee may request and a supervisor may allow the employee to return to a previously held position if vacant. Unless the employee is notified by Human Subd. 2. Attainment of Permanent Status: Resources that the employee will not be certified to permanent status prior to the end of a probationary period specified or extended in accord with the above provisions, the employee shall attain permanent status immediately upon completion of the last assigned work day of the probationary period. Subd. 3. Failure to Attain Permanent Status: An employee serving an initial probationary period may be terminated by the School Board or designee at any time during the probationary period and shall have no further rights to District Employment. Subd. 4. Benefits During Probationary Period: All employees will be able to use accumulated sick leave and vacation days as earned during the probationary period.
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ARTICLE VI DUTY YEAR Section 1. Confidential Employee Duty Days: The School District shall establish the calendar and confidential employee duty days for each school year, and the confidential employee shall perform services on such days as determined by the School District, including those legal holidays on which the School District is authorized to conduct school. Subd. 1. 12 Month Employees: The duty year for 12 month confidential employee shall consist of at least 222 duty days, 13 paid holidays (11 holidays + 2 floating holidays) and 25 vacation days. Section 2. Scheduling of Duty Days - Variance: The duty days scheduled for confidential employees each year shall be determined by the School Board, upon recommendation of the Superintendent. Variance in such scheduled duty days may be allowed at the discretion of the Superintendent. Section 3. Emergency Closings: When schools are closed because of severe weather, confidential employees shall not be required to report for work and shall not lose compensation or vacation time for missed days. Confidential employees shall perform duties on such other days(s) in lieu thereof as the School Board shall determine. Section 4. Vacation Accrual: For confidential employees hired prior to July 1, 2013, the employee shall be allowed twenty-five (25) days of vacation after one (1) year of service and each year thereafter. Any vacation accrued in this manner, will be available for employee use on July 1 of each year. Vacation will be pro-rated for employees who in their initial year have less than twelve months of service by July 1. For confidential employees hired on or after July 1, 2013, shall be allowed to accrue twenty-five (25) days of vacation annually with one-half of the vacation put into employee’s leave bank on July 1 of each year. Vacation will be pro-rated for employees who in their initial year have less than twelve months of service by July 1. Section 5. Accumulation of Vacation Days: Confidential employees may accumulate up to fifteen (15) vacation days by not using all permitted vacation days in a given year. These fifteen (15) days may then be added on to the next year's total. For unique and unusual opportunities, the School Board may grant a confidential employee additional paid vacation days at the discretion of the School Board. Vacation days must be approved by the confidential employee’s supervisor. ARTICLE VII BASIC COMPENSATION Section 1.
Confidential employees shall be compensated pursuant to Attachment C.
Section 2.
Mileage Payment: Mileage payment shall be at the rate of the IRS maximum.
Section 3. Shorter Work Year: Confidential employees have the option to request a shorter work year. The salary for the shorter work year would be adjusted according to Section 5 in this Article. The shorter work year shall be approved by the employee's immediate supervisor and the Superintendent. 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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Section 4.
Attendance at Local, State and National Meetings:
Subd. 1. There is no set number of local, state and national meetings that confidential employees may attend. The number is determined by the budget and upon approval of the Superintendent of Schools or the employee’s supervisor. Section 5. Salary Reduction: Salary reduction for each day's absence for which salary is deducted shall be at the rate of 1/260 of the regular school year salary for 12-month employees and 1/200 of the regular school year salary for 10-month employees for the term of this Agreement. ARTICLE VIII GROUP INSURANCE Section 1. Selection of Carrier: The parties agree to meet and confer pursuant to the P.E.L.R.A. on the matter of selection of insurance carriers. It is further agreed that the final selection of the insurance carrier and policy shall be made by the School Board, as provided by law. Subd. 1. Insurance Eligibility: a) To be eligible for insurance benefits, the employee must work 30 hours or more per week to qualify. b) Employees on an approved unpaid leave of absence or modified work schedule working less than 30 hours per week may participate at employee’s own expense. c) Employees who are laid off may continue coverage at the employee’s own expense as provided by federal and state continuation laws. Employees who are laid off may not continue disability insurance coverage. Section 2.
Medical-Hospitalization Insurance:
Subd. 1. Single Coverage: Effective with this Agreement, the School District will contribute a sum not to exceed $470.00 per month toward the cost of the premium for the medicalhospitalization plan for individual coverage for each confidential employee employed by the School District who qualifies for and is enrolled in one of the group’s medical-hospitalization plan. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. Subd. 2. Family Coverage: Effective with this Agreement, the School District will contribute a sum not to exceed $1,181.97 per month toward the cost of the premium for the medicalhospitalization plan for family coverage for each confidential employee employed by the School District who qualifies for and is enrolled in one of the group’s medical hospitalization plans and is eligible for family coverage. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. A confidential employee married to another School District employee eligible for a School District contribution toward the premium of the group health and hospitalization insurance plan may combine the School District’s contributions toward one family premium if allowed by the insurance carrier. Subd. 3. Effective with this Agreement, the School District shall offer a high-deductible health insurance plan coupled with a HRA (Health Reimbursement Account) in addition to its 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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other health insurance plan. Each employee who chooses to enroll in the high deductible/HRA plan shall receive a School District contribution to a HRA account set up for that employee. The following provisions shall apply to the high-deductible HRA plan offered by the School District: a) Single Coverage: The deductible on a single policy will be $2,000. The School District will make a $1,500 annual contribution, paid on a semi-annual basis, to the employee’s HRA account. As of January 1, 2016, the School District shall pay $475 monthly towards the basic single premium for the high-deductible plan. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. b) Family Coverage: The deductible on a dependent policy will be $4,000. The School District will make a $3,000 annual contribution, paid on a semi-annual basis, to the employee’s HRA account. As of January 1, 2016 the School District shall pay $1,115 monthly toward the cost of the dependent premium for the high-deductible plan. The cost of the premium not contributed by the School District shall be borne by the employee and paid by payroll deduction. c) If a qualified employee enters the HRA plan as a participant on a date after January 1, the School District shall prorate the amount of the School District HRA contribution to reflect the late entry. This prorated amount will be determined by comparing the number of days for which the employee is contracted to the total contract days of a full time employee. d) If an employee submits evidence of hardship, the School District will make the remainder of the annual contribution to the employee’s HRA account in one payment. Upon such a payment, no further School District contributions will be for the remainder of the year. If the employee who has received this payment either voluntarily or involuntarily terminates employment with the School District or terminates coverage under the School District’s high deductible/HRA plan prior to the end of the payment year, the employee will be responsible for repaying the School District for any portion of the School District’s lump sum HRA contribution which was associated with the time period in which the employee was no longer employed by the School District. Section 3. Group Income Protection: Effective July 1, 1993, the School District will pay the premium for income protection insurance for all confidential employees. The income protection plan shall include the following: 1. Benefits begin after 60 days of total disability. 2. The monthly income benefits shall be 66 2/3% of the basic monthly earnings (exclusive of additional compensation). 3. Benefits will be paid for disability due to an accident or illness as long as the confidential employee remains totally disabled up to the date of medicare eligibility. Section 4.
Life Insurance:
Subd. 1. The School District shall pay the full premium for a term life insurance policy for each employee in the amount of $50,000. 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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Subd. 2. The School District shall also arrange the life insurance program so that a confidential employee may purchase additional life insurance at the employee's own expense through payroll deduction, a minimum of $10,000 or an amount not to exceed $75,000, contingent upon the insurance carrier agreement. Subd. 3. The School Board agrees that all employees are insured while employed by the School District under the provisions of Article VIII. Subd. 4. Effective as soon as practicable after the execution of this Agreement, the School District shall arrange for the life insurance program to provide options for dependent and spouse coverage at the confidential employee’s expense. Section 5. Eligible Employees: The parties agree that only full-time (30 hours or more) confidential employee shall be eligible for group insurance benefits as provided in this Article. Section 6. 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 purchase an insurance policy and pay such amounts 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 7. Duration of Insurance Contributions: An employee is eligible for School District contributions as provided in this Article as long as the employee is employed full-time by Independent School District No. 624. Upon termination of employment, all School District participation and contributions shall cease, effective on the last day of the month in which employment ceases. Section 8. Errors and Omissions Insurance: The School District shall purchase and pay the full premium for a policy on Errors and Omission insurance. Section 9. Dental Insurance: The School District shall contribute 100% of single or family dental premium for 2015-2016 and 2016-2017.
ARTICLE IX LEAVES OF ABSENCE Section 1.
Sick Leave:
Subd. 1. In years 0-5, a confidential employee shall accrue sick leave at the rate of 1 day per month (12 days per year). Employees new to the School District shall be advanced twelve (12) days with additional days accruing at the beginning of the employee's second year of employment. In years 5+, a confidential employee shall accrue sick leave at the rate of 1.25 days per month (15 days per year). Unused sick days shall carry over year-to-year and accumulate to an unlimited amount. Subd. 2.
An absence resulting from death of a member of the family (spouse, child, sibling,
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parent, guardian, or related member of the household) may be extended to five (5) days with no salary deduction for each incident. Additional leave may be granted under these provisions for special circumstances at the discretion of the Superintendent. These leave days will be deducted from cumulative days credited to the employee under sick leave. Leave will be granted to employees due to the serious illness of an adult child, spouse, sibling, parent, grandparent, or step-parent for reasonable periods of time as the employee’s attendance may be necessary up to 160 hours, or pursuant to Minn. Stat. §181.9413, whichever is less. This provision is not meant to increase or decrease the amount of leave otherwise provided in this Article except as otherwise required by law. An absence related to serious illness of guardian, or any other related member of the household may be extended to five (5) days. Such days will be deducted from the employee’s individual leave account. Subd. 3. A confidential employee who is unable to provide service because of a disability or illness and who has exhausted all accumulated paid sick leave may be granted additional paid sick leave by a majority vote of the School Board. Confidential employees who have exhausted all accumulated sick leave and who are not granted additional days of paid sick leave shall receive a leave of absence without pay for the duration of such disability or illness up to one (1) year, and the leave may be renewed each year at the discretion of the School Board upon written request by the confidential employee. Subd. 4. When deemed necessary, the School Board may require a statement from the attending physician or similar statement from the school nurse in support of any absence due to disability or illness. Subd. 5. Upon termination of an employee's employment for any reason, all sick leave, current or cumulative, shall be immediately and automatically cancelled, except as provided in early retirement and severance pay calculations, or if an employee returns from unrequested leave, or an employee who is re-hired and whose service has been continuous. Subd. 6. Sick leave allowed shall be deducted from the accrued sick leave days earned by the confidential employee. Subd. 7. A confidential employee who becomes totally disabled and subsequently qualifies for long-term disability benefits may elect to use remaining sick leave on a pro-rated basis so long as his/her combined disability insurance and pro-rated sick leave benefits do not exceed one hundred percent (100%) of normal monthly earnings. Subd. 8. When a confidential employee is injured on the job in the service of Independent School District No. 624 and collecting compensation insurance as well as drawing on sick leave and receiving full salary from the School District, his/her salary shall be reduced by an amount equal to the insurance payments and only that fraction of the days not covered by insurance will be deducted from his/her accrued sick leave. Section 2. Perfect Attendance Incentive: Confidential employees may receive either payment or time off for perfect attendance hours earned according to the following plan: Subd. 1. Zero (0) hours absent earns two (2) additional days off. Days off shall be arranged by mutual consent between the principal/administrator and the employee. 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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Subd. 2. One (1) hour to 6, 7, or 8 hours absent, depending on daily hours worked, earns one (1) additional day off. The day off shall be arranged by mutual consent between the building principal/administrator and the employee. Subd. 3. Effective July 1, 1996, over eight (8) hours absent or daily hours worked, for any reason other than paid vacation, discretionary hours, or hours missed due to a school closing because of inclement weather, earns no additional days off. Subd. 4. All days off earned in one school year must be taken in the following school year. The time off shall be based upon the "day" that the employee worked during the school year in which the time was earned (i.e. calculate in hours). Section 3.
General Leaves of Absence:
Subd. 1. Confidential employees, with a minimum of two (2) years of experience in the White Bear Lake School District, may apply in writing for an unpaid leave of absence for reasons of professional growth. The professional growth may be in further education or training. Subd. 2. The granting of such leave is solely within the discretion of the School Board. The School Board, upon prior notice to the employee, may cancel any approved leave of absence at any time the School Board has evidence that the employee is using the leave for purposes other than those specified at the time of approval. Subd. 3. Applicants for a leave of absence must present an outline of courses or syllabus to be considered. Subd. 4. A confidential employee who is granted a leave of absence must notify the Superintendent by February 1 of the leave year to indicate his/her intention of coming back to the system. A confidential employee who is granted a leave of absence for reasons of professional growth will return at a salary he/she would be receiving if he/she had not left. The confidential employee will return to the same position he/she had, unless otherwise mutually agreed upon by the confidential employee and the Superintendent. Subd. 5. No leave of absence without pay shall be granted for the purpose of accepting other employment outside of the District. Subd. 6. Hospital and health insurance and life insurance programs may be continued by the employee on leave of absence under this section by paying the premium in advance. The School District does not contribute to the cost of the insurance. There is no accumulation of sick leave while the employee is on leave of absence. Subd. 7. section.
The School Board may allow leaves of absence for other reasons than listed in this
Subd. 8. Any absence of an employee from scheduled duty that has not been previously authorized by the supervisor may be deemed an absence without leave. Any employee absent without leave will be subject to disciplinary action, and any employee absent without leave for three (3) consecutive days may be deemed to have resigned his/her employment, provided the School Board may grant approval for the leave subsequent to the unauthorized absence if the employee can conclusively establish to the School Board that the circumstances surrounding the 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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absence and failure to request leave were beyond the employee’s control. Section 4. Family Medical Leave Act: The Family Medical Leave Act (FMLA) of 1993 provides additional rights. Eligible employees may take up to twelve (12) weeks of leave per calendar year in the case of serious illness to care for a spouse/child/parent/self, or due to the birth/adoption/foster placement of a child. There are also military leaves associated with FMLA. To determine if a specific FMLA leave provision applies, contact the Human Resources Department. Subd. 1. Salary and Fringe Benefits: Such leave shall be unpaid, except an eligible employee, during such leave, shall be eligible for regular School District group health and hospitalization insurance contributions as provided in this Agreement for a period of the leave, notwithstanding any other provisions of this Agreement. Subd. 2. Eligibility: To be eligible for the benefits of this section, an employee must have been employed by the School District for the previous twelve (12) months and must have been employed for at least 1,250 hours during such previous twelve (12)-month period. Subd. 3. Paid Leave Under the Agreement: While FMLA leaves, except for eligible insurance contributions as provided in Subd. 2. above, are unpaid, nothing shall preclude an employee from utilizing paid leave otherwise provided in this Agreement, provided the employee qualifies for the paid leave; i.e., sick leave or personal leave, pursuant to the provisions of this Agreement governing such leaves. Moreover, nothing in this Agreement shall be construed to require the School District to combine leaves for a period of time that exceeds the leave provided by this section or the period of time for leaves provided in other sections of this Agreement. Subd. 4. Notification: When the reason for leave is foreseeable, the employee shall make a written request for said leave at least thirty (30) days prior to the beginning of the leave. The employee shall further make reasonable efforts to schedule any treatment so as to minimize disruption of the work of the School District. Section 5. Parental Leave: Parental leave of up to one (1) year shall be granted. Such leave shall be granted provided the leave is used by the confidential employee to care for a natural or adopted child on a full-time basis. A confidential employee shall request to take the leave at least three (3) calendar months before the commencement of the leave. A medical statement may be requested at the time of the application indicating the expected date of delivery. Excluding eligibility for leave under the Family Medical Leave Act, leave under this section shall be without pay. The failure of a confidential employee to return from parental leave shall constitute grounds for termination unless the School District and the confidential employee mutually agree in writing to an extension in the leave. Section 6.
Emergency and Essential Leave:
Subd. 1. Confidential employees may be granted emergency and essential leave under this section at the discretion of the Superintendent or designee. Subd. 2. Examples of absences that are excused under this leave are required court appearances involving the employee's private family matters, necessary business that cannot be accomplished after school or on Saturday, and emergency situations over which the employee has no control when such absences are not covered under other provisions of this Agreement. Subd. 3.
These days of leave shall be deducted from cumulative days credited to the employee
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under sick leave. Subd. 4. Application for emergency leave shall be made in writing to the Superintendent or designee a minimum of three (3) days in advance of the absence, unless the absence is an immediate emergency. Section 7. Military Leave: Military leave shall be granted pursuant to applicable laws, and a confidential employee called for a selective service physical examination shall be excused without loss of pay for such purposes. Section 8. Other Leave Rules: No long-term leave will be granted with or without pay unless specifically authorized by the School Board. Short-term leaves may be authorized directly by the Superintendent but shall be subject to deduction in pay. Section 9. Insurance Application: A confidential employee on leave under Section 1, Subd. 3 or Sections 3 or 4 of this Article is eligible to continue to participate in group insurance programs if permitted under the insurance policy provisions, but shall pay the entire premium for such programs which the confidential employee wishes to retain commencing with the beginning of the leave. It is the responsibility of the employee to make arrangements with the School District's Human Resources Office to pay to the School District the monthly premium amounts in advance and on such date as determined by the School District. The right to continue participation in such group insurance programs, however, will discontinue upon termination of employment, except if a person qualifies for early retirement benefits. Section 10. Accrued Benefits: Except as otherwise provided herein, a confidential employee on leave under Section 1, Subd. 3. or Sections 3 or 4 of this Article shall retain such amounts of experience credit for pay purposes and other accrued benefits, if any, which the confidential employee had accrued at the time the leave commenced for use upon return. No additional experience credit for pay purposes or other benefits shall accrue for the period of time that an employee is on leave under this section. Section 11. Extensions: All leaves may be extended by mutual agreement between the School Board and the confidential employee. ARTICLE X VACANCIES AND TRANSFERS Section 1.
Publishing of Vacancies:
Subd. 1. Where a permanent vacancy in a Confidential position in the White Bear Lake School District shall appear, the School Board shall cause to be published a written notice of such vacancy via the School District website. The notice shall be sent to the confidential employees and the vacancy shall be posted on the School District website. No vacancies shall be filled until notice of such vacancies shall have been posted for at least 10 calendar days. A position description and other pertinent information shall be accessible. The School District may fill vacancies of a temporary nature pending posting of vacancies and processing of applications. Vacancies of a temporary nature defined as likely to exist for less than a year need not be posted. Subd. 2.
Any confidential employee possessing the necessary qualifications may apply for a
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vacancy, and all applications shall be carefully considered. All applications must be submitted on-line following the District procedures and shall set forth the position for which the applicant is to be considered. Subd. 3. Unsuccessful candidates for a position shall be so notified in writing within one week of the decision. Subd. 4. The School District will notify and confer with the confidential employees when attempting to add positions to the group. Section 2.
Transfers - Voluntary:
Subd. 1. Confidential employees may apply for a transfer to a specified or unspecified location at any time during the school year. Subd. 2. Confidential employees desiring a transfer shall submit a formal request to the Director of Human Resources stating the reason for the request. Such requests shall be acknowledged promptly in writing. Section 3. Transfers - Involuntary: Notice of involuntary transfer shall be given to the confidential employee involved immediately upon knowledge of such transfers. An involuntary transfer shall be made only after a meeting between the confidential employee and the Superintendent or his/her designee, at which time the confidential employee shall be notified of reasons for the transfer. ARTICLE XI REQUIRED RECORDS Section 1. Personnel material will be kept on file in the Human Resources Office during the entire time the confidential employee is employed in the school system. ARTICLE XII RETIREMENT Section 1.
Definition of Eligibility
For purposes of retirement benefits, years of service shall include all years that an Subd. 1. employee was employed by the School District performing work of a confidential employee or clerical/secretarial employee. Employees Hired Prior to January 1, 1991: Employees with hire dates prior to Subd. 2. January 1, 1991 are only eligible for the terms of Plan IA, which include a severance payment based upon the employee’s years of service as well as the employee’s accrued, unused sick leave at the time of retirement. These employees are eligible to participate in the TSA/Deferred Compensation plan with employer matching contribution when the employee reaches twenty (20) years of service with the employer. Employees Hired on or After January 1, 1991, but before January 1, 2002: Subd. 3. Employees with hire dates on or after January 1, 1991 but before January 1, 2002 are eligible for the terms of either Plan I (A or B, dependent upon the employee’s hire date). Plans IA and IB include the severance terms as referenced above. 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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Subd. 4. Employees Hired on or After January 1, 2002: Employees hired on or after January 1, 2002 are only eligible for the Matching Annuity Program. Section 2.
Severance:
Subd. 1.
Plan IA and IB:
Plan IA: Full-time confidential employees who were employed by the School District as members of this bargaining unit or were employed as members of the clerical/secretarial bargaining unit as of January 1, 1992 who are at least 55 years of age and have completed at least 15 years of service with the School District shall be eligible for severance pay, pursuant to the provisions of this Article, upon submission of a written resignation accepted by the School Board. Regular part-time employment shall be credited toward the accumulated years of service. Example: The number of hours worked in a year divided by 1062 hours will yield a partial year to be added to the total employment. Plan IB: An employee who was hired after January 1, 1992 but prior to January 1, 2001 and is at least 55 years of age and has completed at least 20 years of continuous service with the School District shall be eligible for severance pay pursuant to the provisions of this Article, upon submission of a written resignation accepted by the School Board. Regular part-time employment shall be credited toward the accumulated years of service. Example: The number of hours worked in a year divided by 1062 hours will yield a partial year to be added to the total employment. Subd. 1a.
Years of Service Consideration:
Eligible employees, upon retirement, shall receive as severance pay an amount representing 50 days pay. Subd. 1b.
Accrued Sick Leave:
An employee who terminates under the provisions of this program shall be eligible to receive as severance pay the amount equal to 50% of unused sick leave not to exceed 115 days. Subd. 1c.
Daily Rate:
In applying these provisions, an employee's daily rate of pay shall be the basic daily rate at the time of retirement as provided in the basic salary schedule for the basic school year. Subd. 1d.
Discharged Employee:
Severance pay shall not be granted to any employee who is discharged for cause by the School District. Subd. 1e.
Payment:
Severance payments will be made in July for employees retiring at the end of the school year and in January for employees retiring before December 30 of any new school year. (Under the provisions of a current agreement with the exclusive representative and existing legislation, all severance payments will be sent to a financial company contracted by the School District to receive severance payments under the guidelines of a 401(a) and/or 403(b) tax deferred 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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program.) Subd. 1f.
Beneficiary:
If an employee dies before all or a portion of the payments have been disbursed, the balance due shall be paid to a named beneficiary or, lacking same, to the deceased's estate. If an employee, eligible for severance pay, dies prior to submitting a written resignation, the severance pay that the employee was entitled to prior to death will be paid to a named beneficiary or, lacking same, to the deceased’s estate. Section 3.
Matching Annuity Program:
A confidential employee is eligible to participate in a School District matching annuity program as provided in M.S. 356.24 after five years of combined service as a member of the secretarial/clerical or the paraprofessional bargaining units. The chart below lists the maximum annual School District contribution for full time employees. The contributions for part-time employees will be pro-rated. Maximum Matching Contributions: Effective 7/1/13 After 5 years of service in the School District After 10 years of service in the School District
$1,500 annually $2,000 annually
Maximum Matching Contributions: Effective 7/1/15 Upon hire After 5 years of service in the School District
$2,000 annually $2,600 annually
All amounts that the School District contributes to an employee’s account under the matching annuity program shall be deducted from any severance payment the employee is due under Section 2 above. Section 4.
Continuation of Health Insurance:
An employee who retires early, and is not eligible for the Age 55 Option, shall be eligible to continue participation in the School District group medical-hospitalization and life insurance plans, if permitted by the terms of the policy with the insurance carrier, but shall pay the entire premium for such insurance commencing with the date of early retirement. It is the responsibility of the employee to make arrangements with the Department of Human Resources to pay to the School District the monthly premium amounts in advance and on such date as determined by the School District. The employee's right to continue participation in such group insurance, however, will be discontinued upon the employee reaching the age eligibility for Medicare. Subd. 1.
Age 55 Option:
The School District will pay health coverage (at same rate as active employee) for five years for the eligible employee providing the employee has fifteen (15) full-time years of service and is at least age 55 at the time of retirement and was hired before July 1, 2012. Subd. 2.
Non-duplication with Medicare:
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If the retiree is entitled, by virtue of age eligibility, to have any part of the cost of services or supplies paid by Medicare Parts A or B, even though the retiree does not enroll in Medicare or waives or fails to claim the medical benefits, the School District will reduce its contribution toward medical premiums so that the total amount paid by Medicare and the School District will not exceed the total charges for covered benefits, except for those employees who are in the basic plan and are not eligible for Medicare. Retirees who qualify for Medicare must inform the School District within thirty (30) days of the date to facilitate the transfer of contributions to the new co-insurer. Section 5.
Post-Retirement Savings Plan for Medical Care:
The School District shall annually make a contribution to a post-retirement medical care savings plan for employees who are not eligible for any School District paid post-retirement health care benefits. Effective July 1, 2012, employees eligible under this Section 5, shall receive a School District contribution of $600.00 per year to their post retirement savings plan for medical care. School District contributions will be pro-rated for less than full-time employees. Benefits provided under this section apply only to employees who are permanently employed. ARTICLE XIII SENIORITY POLICY Section 1. Seniority Date: Each employee shall have seniority based on the continuous work experience in the School District, excluding internships, from the first day of service. Section 2. Leaves of Absence: Time spent on approved leaves of absence from which the employee returns to service in the School District shall be counted up to a maximum of one (1) year, when determining seniority. Section 3. Reduction of Work Force: In the event a confidential employee position is eliminated or reduced in hours, seniority within the group would apply. Thus, the least senior member of the unit would sustain the reduction. For purposes of this clause, seniority is the seniority in the association, not the District. In reassignment occurs to due to work force reduction, only the least senior member of the association would suffer a decrease in pay. ARTICLE XIV MISCELLANEOUS Section 1. Publication of Contract: Copies of this Agreement can be requested through the Department of Human Resources, and a copy will be posted on the School District’s website for reference. Section 2. Tax Sheltered Annuities: The School Board shall provide information regarding available tax-sheltered annuity programs and shall make policies to allow for employees to have deductions made from their paychecks for purposes of such programs. Section 3.
Application of Benefits:
It is understood that fringe benefits, Article VIII, and leave
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provisions, Article IX, apply to regularly contracted confidential employees who are regularly employed during the school year. Section 4. Grievances: The procedure for the filing of a grievance is provided as Attachment A. A form which must be used for filing of grievances will be provided by the School District and is attached as Attachment B. Such form shall be readily accessible to all confidential employees. Attachments A and B are incorporated in this Agreement. Section 5. Retroactive Payments: Employees shall receive retroactive pay pursuant to Schedule A within thirty (30) days of ratification by both parties. Section 6. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.
Holidays: Twelve-month confidential employees shall have the following paid holidays:
New Year's Day Presidents' Day Memorial Day Independence Day Labor Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day Floating Holiday (designated by School District) Floating Holiday (designated by School District) Floating Holiday ARTICLE XV DURATION
Section 1. Term and Reopening Negotiations: This Agreement shall remain in full force and effect upon its execution through June 30, 2017, 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 on July 1, 2017, the party shall give written notice of such intent no later than April 1, 2017. Section 2. Effect: This Agreement constitutes the full and complete Agreement between the School Board and the confidential employees of the School District. The provision 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 contract term, whether or not referred to in this Agreement, shall not be open for negotiations during the term of this Agreement except by mutual agreement of the parties. Section 4. Severability: The provisions of the Agreement shall be severable if any provision thereof or the application of any such provision under any circumstances is held invalid, it shall not affect any other provisions of this Agreement or the application of any provision thereof. Any substitute provisions shall be subject to negotiation between the parties of this Agreement. 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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AGREEMENT IN WITNESS THEREOF, the parties have executed this 2015-2017 Agreement with the White Bear Lake Confidential Employees' Association as follows: FOR:
FOR:
White Bear Lake Confidential Employees 4855 Bloom Avenue White Bear Lake, MN 55110
White Bear Lake Independent School District 624 4855 Bloom Avenue White Bear Lake, MN 55110
Confidential Employee Rep
_____________________________________ Chairperson
Confidential Employee Rep
_____________________________________ Clerk
Confidential Employee Rep
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Attachment A GRIEVANCE PROCEDURE Section 1. Grievance Definition: A "Grievance" shall mean an allegation by the employee resulting in a dispute or disagreement 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 the party's behalf. Section 3. Definitions and Interpretations: Subd. 1. Extension: Time limits specified in this Agreement may be extended by mutual 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 weekdays 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 if it bears a certified postmark of the United States Postal Service within the time period. Section 4. Time Limitation and Waiver: Grievances shall not be valid for consideration unless the grievance is submitted in writing to the School Board's designee, setting forth the facts and the specific provision of the Agreement allegedly violated and the particular relief sought within fifteen days after the date the event giving rise to the grievance occurred. Failure to file any grievance within such period shall be deemed a waiver thereof. Failure to appeal a grievance from one level to another within the time periods hereafter provided shall constitute a waiver of the grievance. An effort shall first be made to adjust an alleged grievance informally between the employee and the School Board's designee. Section 5. 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: Subd. 1. Level I: If the grievance is not resolved through informal discussions, the immediate supervisor of the employee shall give a written decision on the grievance to the parties involved within ten days after receipt of the written grievance. Subd. 2. Level II: In the event the grievance is not resolved in Level I, the decision rendered may be appealed to the Superintendent of Schools, provided such appeal is made in writing within five days after receipt of the decision in Level I. If a grievance is properly appealed to the Superintendent, the Superintendent or designee shall set a time to meet regarding the grievance within ten days after receipt of the appeal. Within ten days after the meeting, the Superintendent or his/her designee shall issue a decision in writing to the parties involved. 2015– 2017 WHITE BEAR LAKE AREA SCHOOLS CONFIDENTIAL EMPLOYEE AGREEMENT
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Section 6. Denial of Grievance: Failure by the School District or its representative to issue a decision within the time periods provided herein shall constitute a denial of the grievance and the employee may appeal it to the next level. Section 7. Arbitration Procedures: In the event that the employee and the School District are unable to resolve any grievance, the grievance may be submitted to arbitration as defined herein by the Confidential Employee Agreement not the individual grievant. Subd. 1. Request: A request to submit a grievance to arbitration must be in writing signed by the aggrieved party and a representative of the Confidential Employees, and such request must be filed in the office of the Superintendent within ten 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, the appeal provisions, and formally endorsed by the majority of membership of the Confidential Employees. Subd. 3. Selection of Arbitrator: Upon the prior submission of a grievance under the terms of this procedure, the parties shall, within ten days after 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 Commissioner to submit a panel of seven (7) arbitrators to the parties, pursuant to P.E.L.R.A., provided such request is made within twenty (20) days after the request for arbitration. The request shall ask that the panel be submitted within ten (10) days after the receipt of said request. Within ten (10) days after the receipt of the panel, the parties shall alternately strike names, and the remaining name shall be the arbitrator to hear the grievance. The order of striking will be determined by lot. Failure to agree upon an arbitrator or failure to request an arbitrator from the Commissioner within the time period as provided in this article shall constitute a waiver of the grievance. Subd. 4.
Submission of Grievance Information:
a) Upon appointment of the arbitrator, the appealing party shall within five days after notice of appointment forward to the arbitrator, with a copy to the School Board, the submission of the grievance which shall include the following: 1) 2) 3) 4)
The issues involved Statement of facts Position of the grievant The written documents relating to Section 5 of the grievance procedure.
b) 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, and the parties shall have the right to a hearing at which time both 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 denovo.
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Subd. 6. Decision: The decision by the arbitrator shall be rendered within thirty days after the close of the hearing. Decisions by the arbitrator in cases properly before the arbitrator shall be final and binding upon the parties, subject, however, to the limitations of arbitration decisions as provided by in the P.E.L.R.A. Subd. 7. Expenses: Each party shall bear its own expenses in connection with arbitration including expenses relating to 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. The party ordering a copy of the transcript shall pay for such copy. The parties shall share equally fees and expenses of the arbitrator, the cost of the transcript or recording if requested by both parties, and any other expenses which the parties mutually agree are necessary to conduct the arbitration. 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 herein, 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 employer, its overall budget, utilization of technology, the organizational structure, and selection and 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 public School Board’s to efficiently manage and conduct its operation within the legal limitations surrounding the financing of such operations.
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Attachment B GRIEVANCE REPORT FORM Independent School District No. 624 White Bear Lake, Minnesota Name:
_________________________________________________________________________ _________________________________________________________________________
Building:
______________________________________________________________________ ______________________________________________________________________
Date Grievance Occurred:
_________________________________________________________
Statement of Facts: _______________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Specific Provisions of Agreement Allegedly Violated:
__________________________________
________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Particular Relief Sought: ____________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ ________________________________________________________________________________ Dated: Signature of Grievant Copies to: Superintendent Immediate Supervisor Confidential Employee Rep
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Attachment C CONFIDENTIAL EMPLOYEE 2015-2017 ANNUAL SALARIES
POSITION
2015-2016
Executive Assistant to Superintendent
$63,962-67,534
Human Resources Specialist
$56,322-59,892
Human Resources Representative
$54,575-58,145
Admin Assistant to Asst Superintendent
$54,575-58,145
POSITION
2016-2017
Executive Assistant to Superintendent
$65,241-68,885
Human Resources Specialist
$57,448-61,090
Human Resources Representative
$55,667-59,308
Admin Assistant to Asst Superintendent
$55,667-59,308
Effective July 1, 2015, the Executive Assistant to the Superintendent’s salary as stated above includes an additional $5,000 per year for preparation and attendance at School Board Meetings. Effective July 1, 2015, employees with over 25 years of service in the School District will receive an additional $2,000 annually.
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. MEMORANDUM OF UNDERSTANDING Between INDEPENDENT SCHOOL DISTRICT 624 And WHITE BEAR LAKE CONFIDENTIAL EMPLOYEES
It is hereby agreed by Independent School District 624 and the White Bear Lake Confidential Employees the following information regarding the salary range as stated above: WHEREAS the district has modified the salary schedule and longevity to now include a salary range the following steps within the range will apply: 2015-2016 Step 1
Step 2
Step 3
Step 4
Step 5
Executive Assistant to Superintendent
63,962
64,855
65,748
66,642
67,534
Human Resources Specialist
56,322
57,215
58,600
59,000
59,892
Human Resources Representative
54,575
55,468
56,360
57,253
58,145
Admin Assistant to Asst Superintendent
54,575
55,468
56,360
57,253
58,145
2016-2017 Step 1
Step 2
Executive Assistant to Superintendent
65,241
66,152
Human Resources Specialist
57,448
58,359
Human Resources Representative
55,667
Admin Assistant to Asst Superintendent
55,667
Step 3 67,062
Step 4
Step 5
67,976
68,885
59,772
60,180
61,090
56,577
57,488
58,398
59,308
56,577
57,488
58,398
59,308
Factors to be considered in determining step placement include years of experience in a similar position, market conditions and educational background. It is hereby agreed that for the 2015-2016 school year, employees hired on or after July 1, 2015, will not be placed beyond Step 3 of the salary schedule.
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