TABLE OF CONTENTS

ARTICLE PAGE

PREAMBLE............................................................................................................. 1

1 RECOGNITION...................................................................................................... 1

2 MANAGEMENT RIGHTS...................................................................................... 2

3 NO-STRIKE CLAUSE............................................................................................ 2

4 ZIPPER CLAUSE.................................................................................................... 2

5 VOIDABLE WAIVER CLAUSE............................................................................. 3

6 SAVINGS CLAUSE................................................................................................ 3

7 GRIEVANCE AND ARBITRATION...................................................................... 3

8 DISCIPLINE AND DISCHARGE........................................................................... 5

9 HOURS OF WORK................................................................................................ 6

10 REPORTING TIME................................................................................................. 7

11 REST PERIODS....................................................................................................... 7

12 MEAL PERIODS..................................................................................................... 8

13 CLEAN UP TIME.................................................................................................... 8

14 CALL TIME............................................................................................................. 8

15 OVERTIME............................................................................................................. 8

16 LEAVES OF ABSENCE........................................................................................ 10

17 SICK LEAVE......................................................................................................... 14

18 PERSONAL LEAVE.............................................................................................. 15

19 VACATION........................................................................................................... 15

20 WAGES................................................................................................................. 17

21 WAGE RATES....................................................................................................... 18

22 HOLIDAYS........................................................................................................... 19

23 LONGEVITY PLAN.............................................................................................. 20

24 RETIREMENT BENEFIT...................................................................................... 21

25 SUPPLEMENTAL BENEFITS.............................................................................. 22

26 PART-TIME EMPLOYEES................................................................................... 23

27 SENIORITY........................................................................................................... 23

28 CLASSIFICATION AND RE-CLASSIFICATION.............................................. 26

29 GENERAL PROVISIONS..................................................................................... 27

30 UNION REPRESENTATIVES.............................................................................. 30

31 UNION DUES....................................................................................................... 30

32 LABOR-MANAGEMENT COMMITTEE............................................................. 31

33 HEALTH AND SAFETY....................................................................................... 31

34 CONTRACTING AND SUBCONTRACTING OF PUBLIC WORK.................. 32

35 MANAGERIAL EMPLOYEES.............................................................................. 32

36 SICK LEAVE BUY BACK.................................................................................... 33

37 EMPLOYEE EVALUATION................................................................................. 33

38 PROTECTION....................................................................................................... 35

39 AGENCY SERVICE FEE...................................................................................... 35

40 DURATION........................................................................................................... 36

APPENDIX A: 2000-2001 Salary Schedule............................................................ 37

APPENDIX B: 2001-2002 Salary Schedule............................................................ 40

PREAMBLE

This Agreement entered into by the Amherst, Pelham and Amherst-Pelham Regional School Committees, acting as three (3) district governmental identities, hereinafter referred to as the Employer or the School Committee, and Local #1725, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious relations between the Employer and the Union, the establishment of an equitable and peaceful procedure for the resolution of differences, and the establishment of wages, standards of productivity and performance, hours and other terms and conditions of employment.

ARTICLE 1

RECOGNITION

The Employer recognizes the Union as the sole and exclusive bargaining agent for the purpose of establishing wages, standards of productivity and performance, hours, and other terms and conditions of employment for all employees who are party to the bargaining unit of the Amherst, Pelham and Amherst-Pelham Regional School Committees as certified by the Massachusetts State Labor Commission on April 25, 1978. The classifications covered under the terms of this contract are hereby identified as:

All regular full-time and part-time employees performing custodial, maintenance, driver and general laborer work, excluding the Maintenance and Transportation Administrator, seasonal, casual and all other employees.

Should any new classified classification(s) be added to the work force, the Union shall be notified. The Employer and the Union shall meet to determine whether or not that classification(s) shall be added to the bargaining unit. If Agreement cannot be reached, the matter may be referred to the Massachusetts State Labor Relations Commission by the Union with a request that the Commission make a determination. In the event it shall be finally adjudicated that the classification(s) should be added to the bargaining unit, the position shall then be subject to the provisions of the job posting and bidding article contained in this Agreement. The Employer will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, or make any agreement with any such group or individual for the purpose of undermining the Union or changing any condition contained in this Agreement.

The bargaining agent for the Employer specifically represents that it will in good faith seek from an appropriate governing body the necessary appropriations and by-law changes necessary to accomplish the terms of this Agreement. It is understood by the parties that all provisions that all provisions of this Agreement which require that necessary appropriations be made and authorized by the School Committee are subject to said authorization and conditional upon the granting of said authorization by the School Committee; and in the event that said necessary authorization is not given the School Committee, said matters shall be returned to the Parties for further bargaining without any obligation to conform to the earlier Agreement in their record.

ARTICLE 2

MANAGEMENT RIGHTS

The Parties agree that the operation of the School District, the supervision of the employees and of their work are the rights of the Committee and/or the Superintendent alone. Accordingly, subject to the provisions of this Agreement, the making of reasonable rules to ensure orderly and effective work, to determine the quantity and types of equipment to be used; to introduce new methods and facilities; the making of work schedules; the determination of what and where duties will be performed; and of employee competency; the hiring, transfer, promotion, demotion, lay-off, recall, discipline or discharge of the employees for just cause without discrimination; and to inform the employees concerning the employment matters are exclusive rights of the Committee and/or the Superintendent. The foregoing enumeration of the Committee's and/or the Superintendent's rights shall not be deemed to exclude other rights not specifically set forth, and the Committee and/or the Superintendent therefore retains all rights not otherwise specifically restricted by this Agreement. The exercise by the Committee and/or the Superintendent of any of the foregoing rights shall not alter any of the specific provisions of this Agreement; nor shall they be used to discriminate against any member of the bargaining unit.

In the event that a new employee is hired to fill a position at Grade F or above, the District reserves the right to unilaterally place him/her on the step within his/her grade that it deems, in its sole discretion, is most appropriate.

ARTICLE 3

NO-STRIKE CLAUSE

During the term of this Agreement, the Parties hereto agree that there shall be no lockouts nor any strikes of any kind whatsoever; work stoppages; slow-downs; or interference or interruption with the operations of the School Department by any employees or the Union. Nor shall there be any strikes or interruption of work during the term of this Agreement because of any disputes or disagreements between any other parties who are not signatories to this Agreement. Employees who violate this provision shall be subject to disciplinary action and any claim by either party against the other of a violation of this Article shall be subject to arbitration as provided for under Article 7 of this Agreement.

ARTICLE 4

ZIPPER CLAUSE

The Parties to this Agreement hereby expressly waive any right to require the other to discuss, negotiate or bargain on any subject matter, demands or proposals, whether or not raised, discussed or negotiated upon during the negotiations leading to this Agreement and whether or not covered by any of the terms and provisions of this Agreement.

The Parties agree and intend that this written Agreement sets forth the wages, rates of pay, hours and working conditions of employment of employees covered that are to govern during the term of this Agreement; and no other terms or conditions shall be added to or subtracted from this Agreement during its term, by arbitration or otherwise, unless mutually agreed to by the Parties.

ARTICLE 5

VOIDABLE WAIVER CLAUSE

The waiver by either party of any provisions or requirements of this Agreement shall not be deemed a waiver of such provisions or requirements for the future and shall not constitute a modification of this Agreement.

ARTICLE 6

SAVING CLAUSE

In the event any Article, Section or Portion of this Agreement should be held invalid and unenforceable by any Court of competent jurisdiction, such decision shall apply only to the specific Article, Section or Portion thereof specifically specified in the Court's decision; and upon issuance of such a decision, the Employer and the Union agree to immediately negotiate a substitute for the invalidated Article, Section or Portion thereof.

ARTICLE 7

GRIEVANCE AND ARBITRATION

Section 1.

Any grievance or dispute which may arise between the Parties, regarding the application, meaning or interpretation of this Agreement, shall be settled in the following manner:

Step 1. The Union Steward and/or representative, with or without the aggrieved employee, shall take up the grievance or dispute in writing with the principal (if the grievant is a custodian or matron) or with the Maintenance and Transportation Administrator (if the grievant is a system-wide employee) within seven (7) calendar days of the date of the grievance or his knowledge of its occurrence. The principal or the Maintenance and Transportation Administrator shall hold a hearing with the grieving party in an effort to resolve the matter and shall respond to the employee and steward within seven (7) calendar days. Nothing in this step shall preclude the opportunity for informal discussion of the grievance prior to the formal filing.

Step 2. If the grievance has not been settled, it may be presented in writing by the said parties grieving to the Superintendent or the Superintendent's designee within seven (7) calendar days after the response at Step 1 is received or is due. The Superintendent (or designee) shall hold a hearing with the grieving parties in an effort to resolve the matter, and shall respond to the said parties in writing within seven (7) calendar days.

Step 3.

a. If the grievance is still unsettled in accordance with the procedures prescribed in Step 2 of this section, then either party may take the issue to arbitration by filing a written demand with the American Arbitration Association within thirty (30) calendar days after either the receipt of the written decision of the Superintendent or the event causing the claim of a violation of Article 3.

b. The arbitration proceeding will be conducted under the rules of the AAA. The arbitrator shall not have the authority to add to, subtract from, modify, change or alter any of the provisions of this Agreement. The award shall be final and binding on the School Committee, the Union and the Grievant. The expenses and the charge for the Arbitrator's services shall be shared equally by the School Committee (50%) and the Union (50%).

c. If the School Committee claims the Union has violated the No-Strike Article of this Agreement, it may present such claim to the Union in writing and if the Parties fail to settle it within ten (10) calendar days, the School Committee may submit the issue to arbitration under the provision of this Article.

Section 2.

No employee of the School Committee shall leave his job to present, participate in a grievance hearing, discuss or investigate a grievance without first obtaining the consent of his immediate supervisor, and such consent shall not be unreasonably denied in light of the functions and duties of the particular employee and his department.

A grievance shall be considered waived upon failure to appeal the grievance from one step to another within the designated time limits prescribed in the procedure.

Section 3.

A Union officer or steward, and employees directly affected, may receive, discuss and handle grievances and may attend grievance meetings and disciplinary hearings on the premises of the Employer or elsewhere during working hours except where any such activities unreasonably interfere with their work. No deduction shall be made for regularly scheduled working time lost by a Union officer or steward, or employees directly affected, in performing their duties as provided in the Grievance Procedure and as provided for in the prior sentence.

Section 4.

If a decision, satisfactory to the Union, at any level of the grievance procedure is not implemented within a reasonable time, the Union may reinstitute the original grievance at the next step of the grievance procedure.

Section 5.

If the Employer exceeds any time limit prescribed at any step in the grievance procedure, the Grievant and/or the Union may assume that the grievance is denied and invoke the next step of the procedure, except, however, that only the Union may request impartial arbitration under Step 4.

Section 6.

The Parties agree that time extensions may be granted by mutual agreement at any step of the procedure set forth in this Article.

ARTICLE 8

DISCIPLINE AND DISCHARGE

Section 1. Discipline.

Disciplinary action or measures shall include only the following:

oral reprimand

written reprimand

suspension (notice to be given in writing)

discharge

demotion

transfer

Any disciplinary action or measure imposed upon an employee may be processed as a grievance through the regular grievance procedure.

If the Employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public.

Section 2. Discharge.

The Employer shall not suspend, demote, transfer or discharge any employee without specific written reason and just cause. If, in any case, the Employer feels there is just cause for discharge, the employee involved will be suspended for three (3) days during which time a hearing will be held. The employee and his steward will be notified in writing that the employee has been suspended and is subject to discharge.

The Union shall have the right to take up the matter as a grievance at the third step of the grievance procedure, and the matter shall be handled in accordance with this procedure through the arbitration step if deemed necessary by either party.

Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment.

ARTICLE 9

HOURS OF WORK

Section 1. Regular Hours.

The regular hours of work each day shall be consecutive except that they may be interrupted by a lunch half hour.

Section 2. Work Week.

The work week shall consist of five (5) consecutive eight (8) hour days, Monday to Friday inclusive.

Section 3. Work Day.

Eight (8) consecutive hours of work, exclusive of the lunch period, within the 24-hour period beginning at midnight shall constitute the regular work day (excepting part-time personnel).

Section 4. Work Shift.

Eight (8) consecutive hours of work, exclusive of the lunch period, shall constitute a work shift (excepting part-time personnel). All employees shall be scheduled to work on a regular work shift, and each work shift shall have a regular starting and quitting time, although this may be adjusted during school vacation periods in accordance with present practice.

Section 5. Work Schedule.

Work schedules showing the employees' shift, work days and hours shall be posted on all department bulletin boards at all times. The hours and/or days of an employee's particular shift will not be changed without prior consultation with the Union. In the event that an employee's shift, hours and/or days are to be changed, the Employer shall give the affected employee, in writing, fourteen (14) days advance notice of the proposed change including the reason(s) for the change. Disputes regarding the reasonableness of any change in the work schedule will be subject to the grievance procedure.

Notwithstanding the preceding paragraph, the Employer retains the right to make temporary changes in an employee's shift, hours or work days, if such a temporary change is made based on an operational need and not solely to avoid payment of overtime. The Employer will give notice to employees of such temporary changes as soon as practicable and feasible.

The above provisions shall be subject to the following conditions:

A) Whenever an employee's shift, days of work or hours of work are to be changed, such changes shall be made in inverse order of seniority within a classification.

B) Before involuntary changes are made to an employee's work schedule, the Employer shall seek qualified volunteers.

C) An employee whose schedule is involuntarily changed shall be given first opportunity to return to his prior schedule or shift, provided such schedule or shift is reinstated or otherwise becomes available for that employee's classification.

D) When a grievance concerning the reasonableness of a change hereunder has been processed to Step 4, it shall be subject to processing for arbitration to a panel made up of the following persons deemed acceptable arbitrators by the parties:

A) Mark Grossman D) Robert Gartska

B) James Cooper E) Garry Alltman

C) Timothy Bornstein

The matter shall be heard, after the above arbitrators have been called by either party, on the earliest date offered, on which the parties can attend a hearing. Such arbitration hearing shall be heard in accordance with all the provisions of Article VII concerning Arbitration, which are not inconsistent with the procedure laid out herein.

ARTICLE 10

REPORTING TIME

When any employee reports for and starts to work as scheduled, and insufficient work is available, the employee shall be paid for a minimum of four (4) hours work at the appropriate rate.

ARTICLE 11

REST PERIODS

All employees' work schedules shall provide for a fifteen (15) minute rest period during each one-half shift. The rest period shall be scheduled at the middle of each one-half shift whenever this is feasible. Employees who, for any reason, work beyond their regular quitting time into the next shift, shall receive a fifteen (15) minute rest period before they start to work on such next shift. In addition, they shall be granted the regular rest periods that occur during the shift.

ARTICLE 12

MEAL PERIODS

All employees shall be granted a one-half hour lunch period during each work shift. Whenever possible, the lunch period shall be scheduled at the middle of each shift. Night crews shall ordinarily remain on the premises during their lunch period and that time shall be counted as part of their regular work day.

The Employer shall provide for a meal to any employee who is required to work in emergency situations three (3) hours beyond the regular quitting time. The Employer shall provide for additional meals every four (4) hours thereafter while the employee continues to work.

ARTICLE 13

CLEAN UP TIME

Employees shall be granted reasonable time for clean up period prior to the end of each work shift. Work schedules shall be arranged so employees may take advantage of this provision.

ARTICLE 14

CALL TIME

Any employee called in to work outside his regularly scheduled shift shall be paid for a minimum of three (3) hours at the rate of time and one-half (1-1/2).@ If the call-time work assignment and the employee's regular shift overlap, the employee shall be paid the call time rate of time and one-half (1-1/2) until he completes two (2) hours' work. The employee shall then be paid for the balance of his regular work shift at the appropriate rate. Call time does not include scheduled additional time to regular shifts.

ARTICLE 15

OVERTIME

Section 1. Rate of Pay.

Time and one-half (1-1/2) the employee's regular hourly rate of pay shall be paid for work under any of the following conditions, but compensation shall not be paid twice of the same hours.

Section 2. Daily.

All work performed in excess of eight (8) hours in any work day.

Section 3. Weekly.

All work performed in excess of forty (40) hours in any work week.

Section 4. Before or After Regular Hours.

All work performed before or after any scheduled work shift, unless a schedule adjustment has been agreed upon by the employee and the employee's immediate supervisor.

Section 5. Saturday and Sunday Work.

All work performed on Saturday and Sunday.

Section 6. Payment of Overtime.

Payment for overtime will be paid in accordance with establishment payroll procedures, unless the employee prefers compensatory time off in lieu of payment for overtime services. Such compensatory time would be subject to the approval of Employer and employee, and be at the time and one-half (1-1/2) rate. Compensatory Time may not accumulate in excess of twenty-four (24) hours at any one time. Annual accumulation may not exceed forty (40) hours. Compensatory time off will be at the discretion of the Employer, scheduled within a reasonable time after requested and at time that would not unduly disrupt the operation of the School District.

Section 7. Distribution.

The Employer shall attempt to distribute overtime work fairly among employees within the same job classification at a particular work site. However, employees assigned overtime duties should be capable of performing such assignments. A record of overtime hours worked by each employee shall be kept in the Maintenance Office for review. For record keeping purposes, overtime refused shall be counted as time worked.

Section 8. Overtime Calculation.

All time for which an employee is on full pay status, such as sick leave, vacation, paid education leave, holiday, family sickness and death, jury duty and Reserve Military leave and any other paid leave shall be considered time worked for the purpose of calculating overtime compensation.

Section 9. Work at Employee's Option.

Except in an emergency, overtime work shall be voluntary. There shall be no discrimination against any employee who declines to work overtime.

Section 10. No Curtailment of Overtime.

The Employer shall not, for the purpose of avoiding the payment of overtime, curtail the scheduled hours of an employee during the remainder of a work week in which the employee has previously worked hours beyond his/her normal work day.

ARTICLE 16

LEAVES OF ABSENCE

Section 1. Eligibility Requirements.

Employees shall be eligible for leaves of absence after thirty (30) days' service with the Employer. Such requests are subject to approval by the Employer.

Section 2. Application for Leave.

a. Any request for a leave of absence shall be submitted in writing by the employee to the Maintenance and Transportation Administrator. The request shall state the reason the leave of absence is being requested and the approximate length of time off the employee desires.

b. Authorization granted for a leave of absence shall be furnished to the employee in writing. In case of emergency, authorization for leave of absence may be granted orally by the Maintenance and Transportation Administrator or the Superintendent of Schools. This authorization will be followed up in writing at a later date. All requests for leaves of absence shall be answered promptly, and in all cases, within ten (10) calendar days following receipt of request.

c. Employees receiving an approved leave of absence granted under the provisions of this Agreement shall be returned to the position they held at the time the leave of absence was requested. Employees on approved leaves of absence shall be sent notification of all job vacancies within their job classification or a higher job classification. Employees receiving an approved education leave, to receive training related to work areas within the bargaining unit, shall continue to accrue seniority while on such leave.

Section 3.

a. Paid Leaves.

For death in the immediate family, up to four (4) consecutive working days may be allowed with no charge to either vacation or sick leave. For serious illness in the immediate family, no more than seven (7) days may be allowed in any one calendar year; such time will be charged to sick leave. Additional days may be granted by the Superintendent chargeable to the employee's vacation or sick leave. Immediate family shall include husband, wife, child, parents, grandparents, foster parents, grandchildren, brothers, sisters, mother-in-law, father-in-law, or members of the immediate household of an eligible employee.

b. Jury Duty.

Employees shall be granted a leave any time they are required to report for jury duty or jury service. Employees shall be paid the difference between any jury duty compensation they receive and their regular wages for each day of jury service.

c. Civic Duty.

Employees required to appear before a court or other public body on any matter not related to their work in which they are not personally involved (as a plaintiff or defendant) shall be granted a leave of absence with pay for the period necessary to fulfill their civic responsibilities. Employees shall be paid the difference, if any, between the compensation they received from the court or other public body and their wages for each day of service.

d. Military Service.

Any employee who is a member of a reserve force of the United States or of this State and who is ordered by the appropriate authorities to attend a training period or perform other duties under the supervision of the United States or this State shall be granted a leave of absence during the period of such activity. Employees shall be paid the difference between any military service compensation they receive and their regular wages for each day of military service.

Section 4. Unpaid Leaves.

a. Reasonable Purpose.

Leaves of absence for a limited period -- not to exceed six (6) months -- may be granted for any reasonable purpose, and such leaves may be extended or renewed for any reasonable period. Such leaves shall be subject to approval by the Superintendent or his designee.

b. Union Business.

At the written request of the Union, employees elected to any Union office, or selected by the Union, to do work which takes them from their employment with the Employer may request a leave of absence. The leave of absence shall not exceed one (1) year, may be renewed or extended for a similar period, and shall be subject to approval by the Superintendent or his designee.

c. Education Leave.

After completing one (1) year of service, any employee upon request, may be granted a leave of absence for educational purposes. The period of the leave of absence shall not exceed one (1) year, but may be extended or renewed at the request of the employee, and shall be subject to approval by the Superintendent or his designee.

d. Union Convention Leave.

Members of the Union who may be elected or designated as delegates to represent the Union shall be granted unpaid leave from their work. It is understood and agreed that although they may be released for Union Convention Leave, they are not to be considered as being within the scope of their employment while traveling to, attending, or returning from a convention.

e. Military Leave.

Any employee who enters "involuntarily" into active service in the armed forces of the United States while in the service of the Employer shall be granted an unpaid leave of absence for the period of military service.

F. Family Medical Leave Act.

1. Parental Leave of Absence

A. An unpaid parental leave of absence shall be granted upon request to any qualifying employee for the purpose of giving birth to and/or rearing a newly born infant. Further, a parental leave of absence shall be granted upon request to any qualifying employee for the purpose of adopting and/or rearing a newly adopted child seven (7) years or younger, or in the case of a child who is physically or mentally handicapped, twenty-two (22) years or younger and for the purpose of foster placement. In order to qualify for the parental leave of absence:

1. The employee must have completed a full year of continuous service with over 1,250 hours of work as a unit employee.

2. As soon as practicable after the female employee determines that she is pregnant, she shall inform the building principal and the Transportation and Maintenance Administrator.

3. The employee intends to return to work at the conclusion of the leave, and so informs the building principal and the Transportation and Maintenance Administrator.

4. The employee shall notify the building principal and the Transportation and Maintenance Administrator in writing at lease 30 school days prior to the probable date that said leave or disability is to commence or as soon as is practicable. At the time of the notification, the employee shall select, in writing, one of the following options, if applicable:

a. Extended leave without pay of up to one (1) year, and as to female employees, either entitlement to sick leave benefits for certified disability resulting from childbirth and recovery therefrom during the period of this leave.

b. Leave of twelve (12) weeks duration pursuant to the Family Medical Leave Act of 1993, and as to female employees, with entitlement to sick leave benefits for certified disability resulting from childbirth and recovery therefrom during the period of leave.

B. An employee on leave shall retain all rights held prior to such leave.

C. While an employee is on the FMLA leave, the Employer shall continue its contribution toward the employee's health insurance premium, provided that the employee makes timely payment of his/her contribution toward the health insurance premium. An employee on an unpaid, non-FMLA leave of absence may continue his/her insurance coverage during the leave of absence provided that he/she pays 100% of the monthly premium.

D. For those employees who have not completed one full year of service, but who have completed more than three (3) months of service, he/she may be granted an eight (8) week leave of absence pursuant to G.L. c. 149, '105D, with entitlement to sue sick leave during the certified period of disability due to childbirth and recovery therefrom.

2. FMLA Leave for Serious Health Condition of Employee or Member of His/Her Immediate Family.

A. To be eligible for such leave, the employee must have completed a full year of continuous service with 1,250 or more hours of work as a unit employee.

B. An employee who has a serious health condition, or who has a member of his/her immediate family with a serious health condition, as defined by the FMLA and the regulations issued thereunder, will be granted a FMLA leave of up to twelve (12) weeks.

C. The employee shall utilize all sick leave and vacation concurrently with said FMLA leave.

D. While an employee is on the FMLA leave, the Employer shall continue its contribution toward the employee's health insurance premium, provided that the employee makes timely payment of his/her contribution toward the health insurance premium.

ARTICLE 17

SICK LEAVE

Section 1. Allowance.

Any employee contracting or incurring any non-service connected sickness or disability, which renders such employee unable to perform the duties of his/her employment, shall receive sick leave with pay. Sick leave days are a form of insurance protection for the employees, and are a potential right to compensation that does not vest in an employee until the employee has a bona fide sickness, preventing the employee from reporting for and performing his/her duties. Abuse of sick leave will subject the employee to disciplinary action including discharge. Employees shall be eligible for sick leave after thirty (30) days' service with the Employer. Employees shall be allowed one and one-fourth (1-1/4) days of sick leave for each month of service.

Section 2. Accumulation.

Employees shall start to earn sick leave from their date of hire, and they shall accumulate sick leave as long as they are employed by the school department, to a maximum of two hundred forty five (245) days.

Section 3. Sick Leave During Vacation.

If an employee becomes sick or disabled during a scheduled vacation, sick leave may be used to cover the sickness or disability, providing any sickness or disability of more than three (3) days is verified by a physician, and the vacation may be rescheduled.

ARTICLE 18

PERSONAL LEAVE

Three (3) days paid personal leave, for justifiable reasons, may be granted each employee within any contract year, providing such reasons are furnished to the Maintenance and Transportation Administrator and the principal (if a custodian or matron) at least twenty-four (24) hours in advance of the requested leave, except in cases of emergency. Personal leave days for regular part-time employees will be granted on a prorated basis. Personal leave may be available in units of half-days or whole days. Such leave will not be charged to sick leave.

ARTICLE 19

VACATION

Section 1. Eligibility and Allowances.

Every contracted employee on the active payroll shall be eligible to earn paid vacation time following completion of their probationary period. Upon successful completion of the probationary period, employees' vacation allowance shall be credited as of their date of hire. Vacation allowances shall be earned and credited on June 30 of each year according to the following schedule:

a. employees working less Up to 10 working days

than 12 months (pro-rated to the nearest

full day).

b. employees completing 1-3 10 working days annually

full years of service on

June 30

c. employees completing 4-7 15 working days annually

full years of service on

June 30

d. employees completing 8-19 20 working days annually

full years of service on

June 30

e. employees completing 20 or 25 working days annually

more full years of service on

June 30

For purposes of determining vacation leave allowances, years of service must be continuous except when an employee is on an approved leave. An employee may carry forward into the next year only the number of vacation days equal to his current year=s annual allotment.

Section 2. Vacation Pay.

The rate of vacation pay shall be the employee's regular straight time rate of pay in effect for the employee's regular job.

Section 3. Choice of Vacation Period.

Vacations shall be granted, if possible, at the time requested by the employee subject to the approval of the Maintenance and Transportation Administrator and the principal (if a custodian/matron). If it should be necessary for the Maintenance and Transportation Administrator to limit the number of employees on vacation at the same time, the employee with the greatest seniority shall receive preference for the choice of vacation period. Seniority may not be invoked once the annual vacation request deadline has been reached and the vacation schedule has been set.

Section 4. Holiday During Vacation Period.

If a holiday occurs during the calendar week in which a vacation is taken by an employee, it shall not be counted as vacation time.

Section 5. Work During Vacation Period.

Any employee who is requested to and does work during his approved vacation period shall be paid for regular hours at the rate of time and one-half (1-1/2) of his regular rate and for overtime hours at a rate of two (2) times his regular rate of pay. In addition, the employee's vacation (with pay) shall be rescheduled to any future period the employee may request.

Section 6. Vacation Rights in Case of Layoff or Separation.

Any employee who resigns, retires or is laid off will be allowed to utilize earned vacation time, prior to his/her last day of employment. Employees whose services are terminated by dismissal, shall receive unused earned vacation time payment for such time. In the event of an employee=s death, payment will be made to the estate or heirs of the deceased for unused vacation time and vacation leave earned during the vacation year in which death occurred.

Section 7. Vacation Use for Personal Use.

Vacation time may be used for personal reasons in one-half (1/2) day amounts, subject to the provisions of Section 3.

ARTICLE 20

WAGES

Section 1. Wage Schedule.

Employees shall move from the minimum step in the pay schedule to the maximum step in annual increments, contingent upon satisfactory work performance. An employee must have worked at lease six (6) months within a grade and step to be eligible for the next step increment. The initial placement of an employee on the salary schedule will be determined by the Employer, but shall not exceed Step 4.

Section 2. Pay Period.

The salaries and wages of employees shall be paid every two (2) weeks. In the event the regular pay day is a holiday, the preceding day shall be the pay day.

Section 3. Shift Differentials.

In addition to the established wage rates, the Employer shall pay an hourly premium of forty cents ($0.40) to employees for all hours worked on shifts beginning between 3:00 P.M. to 11:00 P.M. effective July 1, 2001.

Section 4. Van Drivers.