Agreement
between
Amherst, Pelham and
and
Amherst-Pelham Education Association
Unit B
Clerical/Media Staff
TABLE
OF CONTENTS
ARTICLE PAGE
STATEMENT
OF AGREEMENT.................................................................................................... 1
1. RECOGNITION.................................................................................................................. 1
2. SCOPE................................................................................................................................. 1
3. DURATION......................................................................................................................... 2
4. MANAGEMENT'S RIGHTS............................................................................................... 2
5. NO STRIKE......................................................................................................................... 3
6. VOIDABLE WAIVER......................................................................................................... 3
7. NEGOTIATION PROCEDURE.......................................................................................... 3
8. GRIEVANCE PROCEDURES............................................................................................. 4
9. CONDITIONS OF EMPLOYMENT.................................................................................. 6
A. Full Year and School Year Employees................................................................. 6
B. Work Day and Work Week................................................................................. 6
C. Lunch Period....................................................................................................... 6
D. Rest Period.......................................................................................................... 7
E. Responsibilities..................................................................................................... 7
F.
G. Snow Days.......................................................................................................... 7
H. Duties Outside Job Description............................................................................ 7
I. Vacancies............................................................................................................ 7
J. Promotions.......................................................................................................... 8
K.
New Hires........................................................................................................... 8
L.
CORI Checks..................................................................................................... 8
10. PAID HOLIDAYS............................................................................................................... 9
11. VACATIONS...................................................................................................................... 9
12. LEAVES OF ABSENCE.................................................................................................... 11
A. Leave of Absence.............................................................................................. 11
B. Court Leave....................................................................................................... 11
13. SICK LEAVE..................................................................................................................... 12
14. FAMILY MEDICAL LEAVE ACT.................................................................................... 13
A. Parental Leave of Absence................................................................................. 13
B. FMLA Leave for Serious Health Condition......................................................... 14
15. PERSONAL LEAVE.......................................................................................................... 15
16. BEREAVEMENT LEAVE.................................................................................................. 16
17. EVALUATION.................................................................................................................. 16
18. PERSONNEL RECORDS................................................................................................. 16
19. IN-SERVICE PROGRAMS............................................................................................... 17
20. REDUCTION IN STAFF................................................................................................... 17
21. SALARY SCHEDULES..................................................................................................... 18
22. OTHER COMPENSATION.............................................................................................. 18
A. Longevity........................................................................................................... 18
B. Merit Awards.................................................................................................... 19
C. Retirement......................................................................................................... 19
D. Insurance........................................................................................................... 20
E. Worker's Compensation..................................................................................... 20
F. Course Reimbursement....................................................................................... 20
G. Compensation for Increased Responsibilities....................................................... 20
H. Mileage Reimbursement..................................................................................... 20
I. Overtime............................................................................................................. 20
J. No Pyramiding.................................................................................................... 21
K. Payroll Deductions............................................................................................. 21
L. Determining Benefits........................................................................................... 21
23. PRORATION OF BENEFITS........................................................................................... 21
24. PHYSICAL ASSAULTS.................................................................................................... 21
25. HEALTH
AND SAFETY................................................................................................... 22
26. WORKER’S
COMPENSATION...................................................................................... 22
27. AGENCY
SERVICE FEE.................................................................................................. 22
28 NO
DISCRIMINATION................................................................................................. 23
29. GENERAL........................................................................................................................ 24
. APPENDIX A
Classification
of Personnel........................................................................................ 25
Salary
Schedules (FY 2004, 2005, 2006)................................................................ 27
MEMORANDUM
OF AGREEMENT (Evaluation Task Force)......................................... 30
SIDE
LETTER AGREEMENTS......................................................................................... 31
AGREEMENT
This Agreement is
entered into between the School Committees of the Amherst-Pelham Regional
District, the Town of
ARTICLE
1.
RECOGNITION
The Committee
recognizes the Association as the sole and exclusive bargaining agent on the
questions of wages, hours, and other conditions of employment as set forth in
this Agreement for all its secretarial and clerical employees, audio-visual
technicians, and media aides (excluding managerial, confidential, and all other
employees including Secretaries to the Superintendent) employed by the School
Committees mentioned in the Agreement above.
ARTICLE
2.
SCOPE
A. It is agreed and understood between the
Committee and the Association that this Agreement has been entered into between
the Parties as a result of the provisions of Chapter 150E of the General Laws
of
B. This Agreement shall constitute
Committee policy for the term of said Agreement and the Committee will carry
out the commitments contained herein and give them full force and effect. The Committee will amend its Administrative
Regulations and/or policy statements and take such other legal action as may be
necessary in order to give full force and effect to the provisions of this
Agreement.
C. No employee will be disciplined,
discharged, reprimanded, or deprived of any right or benefit without just
cause.
D. If any provisions of this Agreement or
any application of the Agreement to any employee or group of employees shall be
found to be contrary to law, then such provision or application shall not be
deemed valid and subsisting, except to the extent permitted by law, but all
other provisions or applications will continue in full force and effect. The Parties will meet not later than ten (10)
days after any such holding for the purpose of re-negotiating the provision or
provisions affected.
E. Before the School Committee adopts any
change affecting the hours, wages, conditions of employment or standards of
productivity, the School Committee will notify the Association in writing of
the intended policy change. The School
Committee will, upon receipt of a
demand to bargain from the Association, agree to negotiate on the change
in policy, provided the Association makes a written demand to bargain over the
effects of the policy change within ten (10) days of receipt of the School
Committee notice of the intent to make the policy change.
ARTICLE
3.
A. This agreement shall continue in full force and effect from July 1, 2004 to June 30, 2007. The Parties agree not later than February 1, 2007 to enter into negotiations for a successor agreement to be effective on July 1, 2007.
B. If negotiations for a successor
agreement are not completed by July 1, 2007, the provisions of this
Agreement will remain in full force and effect until said successor agreement
is executed.
ARTICLE
4.
MANAGEMENT'S
RIGHTS
A. The Parties agree that the operation of
the school districts, the supervision of the employees and of their work are
the rights of the Committee and/or 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 employees competency; the
hiring, transfer, promotion, demotion, lay-off, recall, discipline or discharge
of the employees for just cause without discrimination; and the right to
discuss terms and conditions of employment are the exclusive rights of the
Committee and/or Superintendent.
B. The foregoing enumeration of the Committee's and/or Superintendent’s rights shall not be deemed to exclude other rights not specifically set forth; the Committee and/or Superintendent therefore retaining all rights not otherwise specifically restricted by this Agreement.
C. The exercise by the Committee and/ or
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.
ARTICLE
5.
NO
STRIKE
During the term of
this Agreement, the Parties hereto agree that there shall be no strikes of any
kind whatsoever, work stoppages, withholding of services, slowdowns, or
interference or interruption of the operation of the School Department by any
employees or the Association.
Nor shall there be
any strike 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 the Agreement.
Employees who violate
this provision shall be subject to disciplinary action, including discharge,
and any claim by either Party against the other of a violation of this Article
shall be subject to arbitration as provided for on Page 4 of this Agreement.
ARTICLE
6.
VOIDABLE
WAIVER
A. 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.
B. The withholding or failure by either
Party to exercise its rights recognized or reserved by this Agreement shall not
be deemed a waiver of said recognized or reserved rights or the right to
exercise them in the future in a way that does not conflict with the specific
terms of this Agreement.
ARTICLE
7.
NEGOTIATION
PROCEDURE
A. Not later than February 1, 2007,
prior to the expiration of this Agreement, the Committee and the Association
agree to enter into negotiations over a successor agreement in accordance with
the procedure set forth herein in good faith effort to reach agreement
concerning employee wages, hours and other conditions of employment.
B. Following the formal re-opening of
negotiations for a successor agreement, if the Committee and the Association
shall have failed to reach agreement, either Party shall have the right to
petition the State Board of Conciliation and Arbitration to initiate mediation
and fact-finding proceedings in accordance with Section 9 of Chapter 150E of
General Laws of
Costs of
the mediator/fact finder shall be borne equally by the Association and the
Employer.
ARTICLE
8.
GRIEVANCE
PROCEDURES
A. Definitions.
Any claim by the
Association or an employee that there has been a violation, misinterpretation,
misapplication, or a violation of fair treatment of the terms of this
Agreement, shall be a grievance.
B. Time Limits.
All time limits
herein shall consist of calendar days exclusive of legal holidays, Saturdays
and Sundays. The time limits indicated
hereunder will be considered maximum unless extended by mutual agreement in
writing. A grievance must be filed
within thirty (30) calendar days of when the employee and/or the Association
knew or should have known of the event causing the grievance. In the event a grievance is filed which
cannot be resolved to the satisfaction of the Association prior to the termination
of this contract using the normal time limits set forth herein, the Committee
and Association agree to continue to seek resolution under this Article pending
ratification of a new contract.
C. Level One.
An employee with a
grievance will present it in writing to his/her principal either directly or
through the Association. In the event
that the employee is not directly responsible to an individual principal then
he/she will present it to his/her immediate supervisor.
Level
Two.
If the grievance is
not resolved to the satisfaction of the grievant or the Association within ten
(10) days after submission at Level One, the employee or the Association may
present the written grievance to the Superintendent or his designee.
Level
Three.
If the grievance is not settled in the foregoing
steps and it involves the interpretation, application, or claimed violation of
any provision of this Agreement, then either party may, upon written demand
given to the other Party, within ten (10) days (after the Employer's answer in
the last step or the Association's answer to the School Committee's claim of
violation of the no-strike pledge), submit said dispute to arbitration, as
follows: The parties shall attempt to
agree upon an arbitrator, but if agreement is not reached within ten (10) work
days after receipt of such notice, the grievance shall be submitted within ten
(10) work days thereafter to the American Arbitration Association.
The arbitration
proceeding shall be conducted under the rules of the American Arbitration
Association.
D. General
Provisions.
1. The
Association shall have the right to use in its presentation of any level of
this grievance procedure any representative or representatives of its own
choosing.
2. The
Committee acknowledges the right of the Association to participate in the
processing of a grievance at any level.
3. Provided the
Parties agree, Level One and/or Level Two of the Grievance Procedure may be
by-passed and the grievance brought directly to Level Three.
4. No reprisals
of any kind will be taken by the Committee, school administration, or any
employee against one another because of their participation in the Grievance
Procedure.
5. The
Committee and the administration will cooperate with the Association in its
investigation of any grievance, and, further, will furnish the Association with
such information as is appropriate and necessary for the processing of any
grievance.
6. If, in the
judgment of the Association, a grievance affects a group of employees, the
Association may submit such a grievance in writing to the Superintendent
directly and the processing of such a grievance will be commenced at Level
Two. The Association may process such a
grievance through all levels of the Grievance procedure if the aggrieved group does
not wish to represent itself.
7. All
decisions rendered at Levels One and Two of the Grievance Procedure will be in
writing, setting forth the decision and the reasons therefore and will be
transmitted promptly to the grievant and/or the Association.
8. The costs
for the services of an arbitrator, including per-diem expenses, if any, and
actual and necessary travel and subsistence expenses, will be borne equally by
the Committee and the Association.
9. If any
grievance is upheld, all references to it will be stricken from any and all
personnel records.
E. When it is necessary, pursuant to Level
Three of the Grievance procedure, for a member of the Association to attend a
grievance meeting or hearing during work day, he/she will be released without
loss of pay as necessary in order to permit participation in the foregoing
activity.
ARTICLE
9.
CONDITIONS
OF EMPLOYMENT
A. Full Year & School Year Employees.
The Parties hereto
recognize that the Association consists of two (2) groups of employees referred
to as school year employees and full year employees.
The work
year of school year employees shall be two hundred (200) workdays scheduled
between August 15 and June 30. The
supervisor will present the employee with a specific, written schedule no later
than June 30, for the following school year, or within ten (10) business days
of the date of hire or transfer for a new employee. This schedule may be modified in writing with
the mutual consent of both the supervisor and the employee.
B. Work Day and Work Week.
The normal work day
shall consist of seven and one-half (7 1/2) consecutive hours per day,
exclusive of a lunch period, scheduled between 7:00 AM and 4:00 PM. A full-time work week shall consist of
thirty-seven and one-half (37 1/2) hours per week, Monday through Friday,
unless there is a change mutually agreed to by the Association and the
Committee.
The
starting and ending times of the work day, when initially established, shall be
agreed upon by the individual administrator and the employee. If there is disagreement between the employee
and the administrator, then the Human Resources Director will make a final
decision. In the event that the employee's work day is to be changed, the
Committee shall give written notice to the employee and the Union, fourteen
(14) days in advance of the proposed change, including the reasons for the
proposed change. Disputes regarding the
reasonableness of the proposed change will be subject to the grievance
procedure.
C. Lunch Period.
All clerical,
secretarial and other unit personnel will have a meal period scheduled as close
to the middle of the shift as possible, considering the needs of their
supervisor and the needs of the employee.
D. Rest Period.
All clerical and
secretarial and other unit personnel will have a fifteen (15) minute rest in
the A.M. and a fifteen (15) minute rest in the P.M. Rest periods are part of the work day and
will be taken in the appropriate areas provided within the existing building
(lounges, etc.)
E. Responsibilities.
Each employee should
exercise his/her employment in a manner consistent with the highest ideals of
professional service. All employees are
under the general supervision of the Superintendent of School and directly
responsible to their respective principal or supervisor.
F. Emergency School Closing.
Whenever
a school is closed for any emergency reason for other than what are commonly
called snow days, or faculty and students are released, members of Unit B in
that building will also be released without loss of pay, and will not be
required to reenter the building prior to the reopening of the building for
faculty and students.
G. Snow Days.
When school is closed
for what is commonly called a "snow day" employees unable to reach
their place of employment will not suffer a loss in pay. Employees who have been able to arrive at
their place of employment will receive comparable time off at a time agreeable
to their supervisor to compensate for their diligent efforts. When the opening of school is delayed,
employees will arrive at their place of employment at a time comparable to the
length of the delay without loss of pay.
H. Duties Outside Job Description.
The administration
will consult with the employee and/or representative of the Unit on job titles
and descriptions covering all Parties heretofore identified in this Agreement
during the course of this contract. This
consultation will take the form of advanced written notification and an
opportunity for the Parties involved to meet and discuss these issues.
I. Vacancies.
When a permanent
vacancy occurs, notification of the position and salary paid for such position
shall be posted on appropriate bulletin boards at job sites not less than ten
(10) working days prior to the closing date for applications. The notice shall indicate the name of the
school or building, the title of the available position, the general duties of
the position and the salary paid for such position.
Employees who wish to
be considered for the position must make written application to the
Superintendent of Schools on the form provided within the aforementioned ten
(10) working day period.
Every vacancy will be
filled by the Superintendent or his designee after a recommendation has been
received by the Superintendent of Schools or his designee. In filling vacancies the following criteria
will be used: qualifications for the
position as reflected in current job descriptions and recommendations regarding
prior work performance experience.
If these factors are
relatively equal among competing candidates, the recommendation for hiring
shall be based on the following priorities:
1. First,
candidates presently employed within the unit shall receive preference except
for affirmative action.
2. Second, if
affirmative action does not apply, the currently employed candidate with the
longest continuous service within the unit shall receive preference in hiring.
J. Promotions.
When an employee is
promoted or assigned to a position of higher classification said employee shall
receive increment step credit for prior service to the Committee for up to
three (3) years or shall be placed on that step which insures no reduction of
pay, whichever is greater.
K. New Hires.
The Chairperson of
Unit B will be notified in writing when new personnel are hired into
clerical/media positions.
L. CORI Checks.
The parties agree that, pursuant to M.G.L. Ch.71, §38R, Criminal Offender Record Information (“CORI”) checks will be conducted every three (3) years for employees covered by this Agreement. An individual’s record may be checked on a more frequent basis, with reasonable cause.
1. The Superintendent or a Central Office
administrator designated by him/her will be the only persons authorized to
request CORI checks.
2. A copy of an individual’s CORI report will
be available to the employee upon request.
If the CORI request shows any activity, a copy will be immediately
forwarded to the employee.
3. All CORI reports will be maintained in the
Superintendent’s office, in separate confidential files.
4. Any disciplinary action taken as a result of CORI checks will be in accordance with the terms of this Agreement and/or applicable state law.
ARTICLE
10.
PAID
HOLIDAYS
All employees shall
receive their regular compensation for each of the following days, provided
they have been on the payroll for twenty (20) working days preceding the
holiday:
New Year's Day Columbus Day
Martin Luther King
Day Veteran's Day
Washington's Birthday Thanksgiving Day and the day after
Patriot's Day one-half
(˝) day before Thanksgiving
Memorial Day Christmas
(When Christmas is preceded by
Independence
Day* a work day employees will be granted.
Labor Day one-half
(˝) day with pay
*Does not apply to school year employees.
Whenever one (1) of the holidays set
forth in the above section falls on:
1) Saturday - the
preceding day shall be the legal holiday (except when classroom sessions are
being held in schools)
2) Sunday - the
following day shall be the legal holiday.
ARTICLE
11.
VACATIONS
A. Full year employees' service will be determined
as of June 30th each year, and vacation credited for use the following year,
according to the schedule below. The
timing of vacation leave shall be mutually agreed upon by the employer and the
employee.
a. Employees
completing at least
4 months but less
than 1 year of
service as of June
30th 5
working days
b. Employees
completing at least
1 but less than 3
full years
of service as of June 30th 10
working days
c. Employees completing at least
3 but less than 7
full years
of service as of June 30th 15
working days
d. Employees completing at least
7 but less than 19
full years
of service as of June 30th 20
working days
e. Employees completing 19 or more
full years of service
as of June
30th 25
working days
B. School year employees shall be granted
vacation pay proportioned at a ratio of one-half (1/2) of the full year rate.
a. Employees
completing at least
4 months but less
than 1 year
of service as of June 30th 2.5
days pay
b. Employees completing at least
1 but less than 3
full years
of service as of June 30th 5
days pay
c. Employees completing at least
3 but less than 7
full years
of service as of June
30th
d. Employees completing at least
7 but less than 19
full years
of service as of June 30th 7.5
days pay
e. Employees completing 19 or more
full years of service as of June 30th 12.5 days pay
C. The appointing authority shall grant
vacation leave in the vacation year in which it becomes available, unless in
his/her opinion it is impossible or impractical to do so because of work
schedules or other emergencies.
In no
event shall vacation leave credit be carried over for more than one (1)
succeeding vacation year.
D. Upon the death of an employee who is
eligible for vacation under this Contract, payment shall be made in an amount
equal to the vacation leave which had not been used by the employee, and in
addition, the vacation leave earned in the vacation year during which the
employee died, up to the time of his/her separation from payroll, provided that
no monetary or other allowance has already been made.
The Human Resources
Director may, upon request of the appointing authority of the deceased person,
authorize the payment of such compensation in the following order of
precedence:
First: To
the surviving beneficiary or beneficiaries, if any, lawfully designated by the
employee under the state employee's retirement system, and