Employee Contract: Maintenance and Custodial Staff

AMHERST, PELHAM AND AMHERST-PELHAM REGIONAL
SCHOOL COMMITTEES

AND

AFSCME,
COUNCIL 93, LOCAL 1725, AFL-CIO

July
1, 2004 through June 30, 2007

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

APPENDIX C: 2002-2003 Salary Schedule............................................................ 41

APPENDIX D: 2003-2004 Salary Schedule............................................................ 42

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.

Van
Drivers who possess their C.D.L. will be paid at Grade C but for the purpose of
contract administration and interpretation will be considered at Grade B.

Section 5. Commercial Driver's
License (CDL).

The
School Committee shall reimburse employees hired prior to November 1, 1991 for
100% of the costs of state testing and state fees incurred in procuring a
Commercial Driver's License (CDL).
Employees hired after November 1, 1991 shall be reimbursed for 50% of
renewal costs only.

Employees
hired prior to November 1, 1991 who fail the tests for the Commercial Driver's
License and endorsement(s) shall hold their existing job classification for a
maximum of thirty (30) days from the date of the failed test, during which time
the employee must take a second test.

If the
employee is unable to take a second test within this thirty (30) day period, a
reasonable extension shall be granted by the School Committee in order to take
the second test. The length of the
extension will be determined solely by the School Committee and be subject to
the employee performing any and all work assigned at a time and shift
determined by the Director.

If the
employee does not take or fails to pass the second test, the employee may be
terminated from employment, unless the employee accepts a demotion to a lower
pay classification which does not require possession of a CDL. The option to offer a demotion, in lieu of
termination, rests solely at the discretion of the School Committee.

As of
April 1, 1992, it shall be a condition of employment to possess and maintain a
CDL with appropriate endorsements for all job classifications which as of July
1, 1991 requires a Class I or Class II license.

Employees
who are terminated or demoted solely for failure to possess a CDL and
endorsements, shall for a two-year period be given consideration for vacancies
that develop, provided the employee is qualified and the School Committee
decided to fill such vacancy.

An
employee who takes the required course for his/her school bus license during
non-work time shall be paid the equivalent of four (4) hours work at his/her
regular hourly rate during the 2000-2001 contract year, and shall be paid the
equivalent of eight (8) hours of work at his/her regular hourly rate in each contract
year thereafter. Such payments will be
made upon presentation of documentation acceptable to the Employer that the
employee has renewed his/her school bus license.

ARTICLE
21

WAGE
RATES

Section 1. 2004-2005

Effective July 1,
2004, employees will receive a 1.5 % wage increase.

Effective July 1,
2004, there will be two salary step schedules.
The first

(Schedule A) will
be the same eight step schedule that has been in effect for years with the
above-referred wage increase being made thereto. This schedule will apply to all persons
employed by the District as of June 30, 2004.
The second, new salary schedule, (Schedule B) will apply to all persons
hired or rehired after July 1, 2004. It
will consist of eleven steps, with the eleventh step being equal to the
above-referred eighth step that is applicable to persons hired on or before
June 30, 2004. Both the A and B step
schedules are attached hereto as Appendix A.

Effective
July 1, 2004, the position of “Bus Driver/Maintenance” will be upgraded from
Grade C to Grade D.

Section 2. 2005-2006

Effective July 1, 2005, the
salary schedules will be changed to reflect a 2.5% increase. The salary schedules for this period is
attached hereto as Appendix B.

Section
3. 2006-2007

Effective July 1,
2006, the salary schedules will be changed to reflect a 3.5% increase. The salary schedules for this period is
attached hereto as Appendix C.

Effective
July 1, 2006, the position of “Bus Driver/Maintenance” will be upgraded from
Grade D to Grade E.

ARTICLE
22

HOLIDAYS

Section 1. Holidays Recognized and
Observed.

The
following days shall be recognized and observed as paid holidays:

New
Year's Day Columbus
Day

Martin
Luther King's Birthday Patriot's
Day

Washington's
Birthday Veteran's
Day

Memorial
Day Thanksgiving Day

Independence Day Christmas
Day

Labor
Day

Eligible
employees shall receive one (1) day's pay for each of the holidays listed above
on which they perform no work.

Whenever
any of the holidays listed above shall fall on Saturday, the preceding Friday
shall be observed as the holiday, provided school is not in session. Whenever any of the holidays listed above
shall fall on Sunday, the succeeding Monday shall be observed as the holiday,
provided school is not in session.
Whenever the observance of a holiday is scheduled on a day when school
is in session, a compensatory day off will be granted to be taken within that
contract year.

Section 2. Eligibility Requirements.

Employees
shall be eligible for holiday pay under the following conditions:

a. The
employee would have been scheduled to work on such day if it had not been
observed as a holiday.

b. The
employee is on a day off, vacation, or sick leave, on a day that is observed as
a holiday.

c. Employees
who have established seniority, but are on inactive status due to layoff that
commenced thirty (30) work days prior to the week in which the holiday occurs,
shall receive pay for such holiday.

d. The
employee is on the active payroll.

Section 3. Holiday Pay.

Eligible
employees who perform no work on a holiday shall be paid at their current rate
of pay.

Section 4. Holiday Work.

If an
employee works for the School Committee on any of the holidays listed above, he
shall be paid at the rate of time and a half (1-1/2).

Section 5. Holiday Hours for
Overtime.

For the
purpose of calculating overtime compensation, all holiday hours shall be
included.

Section 6. Days Off With Pay.

The
Friday after Thanksgiving, either the day before or after Christmas and either
the day before or after New Year's Day shall be considered
"Special." All employees
covered by this Agreement may select any two (2) "Special days as days off
with pay. Whenever the Christmas and New
Year's holidays fall on a weekend, the "Special" days shall be taken
during the week between the holidays. If
disagreement on the selection of these days occurs, seniority shall take
precedent. All requests for these
special days shall be subject to the approval of the Maintenance and
Transportation Administrator.

ARTICLE
23

LONGEVITY
PLAN

Employees shall be
entitled to an annual Longevity Plan payment in additions to their base salary
in the next contract year according to the following schedule:

a. Employees completing ten (10) full
years

of satisfactory service on June 30. $500.00

b. Employees completing fifteen (15)
full years

of satisfactory service on June 30. $1000.00

c. Employees
completing twenty
(20) full

years of satisfactory service on June 30. $1400.00

d. Employees completing twenty-five (25) full
years of

satisfactory service on June 30. $1800.00

e. Employees completing thirty (30) full

years of satisfactory service on June 30. $2000.00

While not on the above referred schedule,
effective for the first year of the contract only (July 1, 2004-June 30, 2005),
the former fifth (5) year longevity stipend of $250 will be paid. Following the conclusion of the first year of
the contract, there will no longer be a fifth year longevity stipend paid to
anybody.

Effective in the second year of the contract,
July 1, 2005-June 30, 2006, the following amounts will replace the figures in
the appropriate portions of the above referred table:

10
years.....................$ 545

15
years...................$1090

20
years...................$1635

25
years...................$2180

Effective in the third year of the contract,
July 1, 2006-June 30, 2007, the following amounts will replace the figures in
the appropriate portions of the above referred table:

30
years...................$2725

ARTICLE
24

RETIREMENT
BENEFIT

Section 1. Conditions of Benefit.

One (1)
year prior to retirement of an employee covered by this Agreement, the Employer
shall provide a $750. retirement benefit providing:

a. the
employee has served at least fifteen (15) years

b. the
employee has provided one (1) year's prior notice of his/her intent to retire

c. the employee works his/her last full
year.

Section 2. Payment of Benefit.

An
employee may defer the benefit to the next tax year.

An
employee who cannot provide a full year=s
notice shall still be eligible for the benefit but might receive it in the next
fiscal year. An employee who dies prior
to retirement shall have the benefit assigned to his her estate.

ARTICLE
25

SUPPLEMENTAL
BENEFITS

Section 1. Health and Life
Insurance.

The
Employer shall assume responsibility for payment of the percent of a group
insurance contract as determined for the total group to which employees belong,
or a like dollar amount to a contract with an approved health maintenance
organization, and payment of the same percent of a group insurance contract in
accordance with the provisions of Chapter 32B of the Commonwealth Laws. Such percentages shall not be less than
seventy-five percent (75%).

Section 2. Part-time Employees

All
regular part-time employees eligible, under State law, to receive health and
life insurance coverage shall receive coverage if they so desire.

Section 3. Workmen's Compensation.

a. The
members of the bargaining unit shall be covered by the provisions of Chapter
152 of the General Laws to the extent that the Commonwealth has acted pursuant
to Section 69 thereof to include them within the coverage of said Chapter 152.

b. The
Employer shall pay the difference between Workmen's Compensation payments and
full pay, provided the employee has accumulated sick leave which may be debited
on a pro-rata basis. The Employer shall
also pay compensation during the waiting period.

Section 4. Tax Deferred Annuities.

The
School Committee shall permit the purchase of annuities by employees pursuant
to the provisions of Chapter 15, Section 18A of the General Laws.

Section 5. Retirement Plan.

The
Employer agrees to continue membership in the Country Retirement Plan.

ARTICLE
26

PART-TIME
EMPLOYEES

All
articles of this Agreement apply proportionally to permanent part-time
employees covered under the Certification Petition MCR 2700, excepting for
provisions of State Law.

ARTICLE
27

SENIORITY

Section 1. Definition.

Seniority
means an employee's length of continuous service with the Employer since
his/her date of hire. Permanent
part-time employees who were subsequently hired as full-time employees, with no
break in service as defined below, shall accrue seniority proportionally to
their amount of hours worked as part-time employees.

Section 2. Probation Period.

New
employees shall be added to the seniority list ninety (90) days after their
date of hire. Probationary employees may
be terminated without recourse to grievance or arbitration.

Section 3. Seniority Lists.

Every
six (6) months the Employer shall post on all bulletin boards a seniority list
showing the continuous service of each employee. A copy of the seniority list shall be furnished
to the local Union when it is posted. An
up-to-date seniority list will be on file and available for inspection in the
Central Office.

Section 4. Breaks in Continuous
Service.

An
employee's continuous service record shall be broken by voluntary resignation,
discharge for just cause, and retirement.
However, if an employee returns to work in any capacity within one (1)
year, the break in continuous service shall be removed from his record, but he
shall receive no credit for time not worked.
There shall be no deduction from continuous service for any time lost
which does not constitute a break in continuous service.

Section 5. Promotions.

The
term promotion, as used in this provision, means the advancement of an employee
to a higher paying position.

Whenever
a job opening occurs -- other than a temporary opening as defined below -- in
any existing job classification or as the result of the development or
establishment of a new job classification, a notice of such opening shall be
posted on all bulletin boards for seven (7) working days.

Section 6. New or Vacant Positions.

A
vacancy is an opening caused by promotion, demotion, retirement, resignation,
transfer or re-assignment, termination, death or the availability of new
positions.

When a
position covered by this Agreement becomes vacant, such vacancy shall be posted
on bulletin boards so designated in the School Department listing the
following:

1. Date of posting 6. Example
of duties

2. Job Title 7. Qualifications

3. Shift 8. Closing of date for

4. Salary application

5. Location 9. Person
to whom application

should
be made

Any
notice of vacancy shall remain posted internally for a period of not less than
seven (7) calendar days. Employees in
the bargaining unit who are interested shall apply in writing within the
posting period.

The
Superintendent, or his designee, will select the applicant determined to be the
best applicant for the job in terms of ability and qualifications, such as
education, training, experience, job performance, attendance, conduct,
seniority. If the Superintendent, or his
designee, determines applicants are comparable in terms of ability and
qualifications, then a unit employee who is comparably qualified shall receive
preference in hiring; and, if more than one unit employee is so comparable, the
unit employee with the greatest seniority shall receive preference in hiring.

In
filling subsequent vacancies created by filling the initial vacancy, the
posting period shall be three (3) working days if the subsequent vacancy(s) is
in the same job series as the initial vacancy (Example: Custodial/head
custodian vacancy filled by a custodian, opening the latter position). However, if the subsequent vacancy is in a
different job series than the initial vacancy, the regular posting
procedure/time period will be followed.

Section 7. Consolidation or
Elimination of Jobs.

Employees
displaced by the elimination of regular job positions through job consolidation
(combining the duties of two or more jobs), the installation of new equipment
or machinery, the curtailment or replacement of existing facilities, the
development of new facilities, or for any other reason, shall be permitted to
exercise their seniority rights as set forth in the Section on Bumping.

Section 8. Transfers.

Employees
desiring to transfer to other jobs shall submit an application in writing to a
Maintenance and Transportation Administrator.
The application shall state the reason for the requested transfer. Except for transfer requests resulting from
the elimination of an employee's job, transfer requests will be subject to the
approval of the Maintenance and Transportation Administrator.

Section 9. Temporary Job Openings.

Temporary
job openings are defined as job vacancies that may periodically develop in any
classification as a result of illness, family emergencies, approved leaves of
absence or special project funds.
Temporary job openings of less than four months' duration may be filled
by mutually agreeable employee assignment or re-assignment and shall not
require posting. Temporary job openings
of more than four months will be posted.
No employee shall be assigned to a temporary job opening more than twice
in any calendar year, unless the employee specifically agrees to the assignment. It is the intent of this provision to prevent
the repeated assignment of employees to job vacancies designated as temporary
job openings that could be filled in another manner. Employees assigned to temporary job openings
shall be paid the wage rate established for the job or their own wage rate
whichever is higher.

Section 10. Bumping.

When an
employee is laid-off due to a reduction in the work-force, he/she may first be
transferred to another vacancy within the same job classification and on the
same shift. If there is no such vacancy,
he/she may be permitted to exercise seniority rights to "bump" -
replace an employee with less seniority.
Such an employee may bump the employee with the least seniority
in the same job classification or, if none, in successively lower
classification, with the following stipulations:

1. The
bumping employee must have greater seniority than the employee being bumped.

2. The
bumping employee shall first bump an employee with the least seniority on the
same work shift; if none, then an employee with the least seniority on another
work shift.

3. The
bumping employee must be qualified to perform the duties of the new position
into which he/she is bumping.

4. Only a female employee may bump a
matron.

The sequence for bumping
down through job classification shall be as follows:

1. Maintenance specialists (inc.
carpenter)

2. Maintenance Mechanic

3. Bus driver/Maintenance

4. Van driver/laborer with CDL

5. Head Custodian

6. Night Shift Supervisor

7. Custodian/Matron

8. Van driver/no CDL

Section 11. Layoff.

In the
event it becomes necessary to layoff, employees shall be laid-off in the
inverse order of their seniority within their job classification.

Section 12. Recall.

Employees
shall be eligible for recall from layoff, according to their seniority within
their particular job classifications, for a period of two (2) years from their
date of layoff. No new employees for a
particular job classification shall be hired until all employees on layoff
status eligible to return to work have received a recall notice. Should a recalled employee decline a recall
notice, he or she will no longer be eligible for recall. The Employer shall notify the employee by
certified mail at his last known address of the recall.

ARTICLE
28

CLASSIFICATION
AND RE-CLASSIFICATION

Section 1. Class Specifications.

The
Employer shall provide the Union with a copy of the class specification of each
classification title covered by this Agreement for which such a specification
exists. Each employee in the bargaining
unit shall be permitted by the Employer to have access to examine his/her class
specification.

Section 2. Re-Classification.

Should
the Employer wish to re-classify the duties and the salary of any position,
such action will be taken only under any of the following circumstances:

a. as
part of negotiation procedures,

b. following
consultation with the approval of the Union, or

c. should
the position be vacated.

Section 3 Working
Out of Classification

No employee shall
be required to work out of his/her classification in excess of ninety days
without a review by the parties.

ARTICLE
29

GENERAL
PROVISIONS

Section 1. Pledge Against Discrimination and Coercion.

The
Employer and Union agree to by abide by all Federal and State laws regarding
equal employment opportunity without discrimination, and the provisions of
Massachusetts General Laws Chapter 150E regarding discrimination and coercion.

Section 2. Union Bulletin Boards.

The
Employer agrees to furnish and maintain suitable bulletin boards in convenient
places in each work area to be used by the Union. The Union shall limit its posting of notices
and bulletins to such bulletin boards.

Section 3. Union Activities on
Employer's Time and Premises.

The
Employer agrees that during working hours, on the Employer's premises, and
without loss of pay, Union representatives and members shall be allowed, with
the approval of the Maintenance and Transportation Administrator, to:

post
Union notices;

distribute
Union literature;

provide
an initial orientation to the Union for new employees by a Steward or Union
Officer;

attend
negotiating meetings;

transmit
communications, authorized by the Local Union or its officers, to the Employer
or its representative;

consult
with the Employer, its representative, local Union officers, or other Union
representatives concerning the enforcement of any provisions of this Agreement.

Section 4. Visits by Union
Representatives.

The
Employer agrees that accredited representatives of the American Federation of
State, County and Municipal Employees whether local Union representatives,
district council representatives, or international representatives, shall have
access to the premises of the Employer at any time during working hours with the
approval of the Maintenance and Transportation Administrator, provided such
access does not interfere or interrupt the work of the employees.

Section 5. Work Rules.

All
existing and future work rules shall be subject to consultation with the Union
before becoming effective.

a. Establishing.

The
Employer agrees to consult with the Union on changes in existing work rules or
the establishment of new work rules.

b. Revising.

Changes
in existing work rules shall not become effective until consultation with the
Union has occurred. In addition, when
existing rules are changed or new rules are established, they shall be posted
prominently on all departmental bulletin boards for a period of ten (10)
consecutive work days before becoming effective, excepting in matters affecting
health and safety which will become effective immediately.

c. Informing
Employees.

The
Employer further agrees to furnish each employee in the bargaining unit with a
copy of all existing written work rules thirty (30) days after they become
effective. New employees shall be
provided with a copy of the rules at the time of hire.

Any
unresolved complaint as to the reasonableness of any new or existing rule, or
any complaint involving discrimination in the application of new or existing
rules shall be resolved through the grievance procedure.

Section 6. Uniforms and Protective Clothing.

If any
employee is required to wear a uniform, protective clothing or any type of
protective device as a condition of employment, such uniforms, protective
clothing or protective device shall be furnished to the Employee by the
Employer; the cost of maintaining the uniform or protective clothing in proper
working condition (including dry cleaning or laundering) shall be paid by the
Employer.

Section 7. Employer Provisions of
Information.

a. Within
thirty (30) days after final approval of this Agreement and semi-annually
hereafter during the term of the Agreement, the Employer shall give to the
Union a list of all employees covered by this Agreement, their addresses, and
telephone numbers. An up-to-date
employee list will be on file and available for inspection in the Central
Office.

b. A
list of all employees who withdraw check-off authorizations shall be provided
monthly.

c. The
Employer will provide each member of the bargaining unit with a copy of the
Collective Bargaining Agreement.

Section 8. Bad Weather Days.

In the
event that school is closed because of bad weather conditions, employees shall
report to work. However, if an employee
is unable to get to work by 10:00 a.m., the Maintenance and Transportation
Administrator must be notified. If an
employee does not report to work, the employee shall use a personal day,
vacation day, or take the day without pay.
Employees who are able to report to work shall be given compensatory
time without loss of pay equivalent to time and one-half the number of hours
worked. Such compensatory time must be
used by the next September 1 but may not be used in conjunction with vacation
time without the approval of the Maintenance and Transportation Administrator.

Section 9. Staffing Required for
Outside Functions.

When
groups outside the school department utilize school facilities beyond normal
work hours, adequate custodial staff will normally be required to be on
duty. Exceptions may be granted by the
Superintendent or his designee. The
Employer agrees to provide a weekend custodian for the Junior High gym/pool
area and the High School for up to three (3) hours of cleaning when the
Superintendent or his designee deems necessary.

Section 10. Union Use of Employer
Premises, Equipment and Office Space.

The
Union will be allowed the use of Employer's premises and equipment, as
available, for local meetings and educational sessions. The Employer will also provide space for
Union records.

Section 11

Employees who make
requests to take off accrued leave in writing will be notified, whenever
possible, within 72 hours following the decision maker=s receipt of said
request.

ARTICLE
30

UNION
REPRESENTATIVES

A
written list of Union stewards and other representatives shall be furnished to
the Employer immediately after their designation and the Union shall notify the
Employer of any changes.

The
above shall be granted reasonable time off during working hours to investigate
and settle grievances. Requests for time
off shall be made to the Maintenance and Transportation Administrator or, in
his absence, his immediate supervisor, and a log kept by the Employer of time spent
on such investigations.

ARTICLE
31

UNION
DUES

Employees
shall tender monthly membership dues by signing the Authorization of Dues
Form. During the life of this Agreement
and in accordance with the terms of the form of Authorization of Check-off for
Dues hereinafter set forth, the Employer agrees to deduct Union Membership dues
levied in accordance with the Constitution of the Union from the pay of each
employee who executes or has such form and remit the aggregate amount to the
Treasurer of the Union along with a list of employees who have said dues
deducted. Such remittance shall be made
the second week of each month. The
following form shall be the proper form authorizing the deduction of dues:

AUTHORIZATION
FOR PAYROLL DEDUCTIONS

BY: (name of employee)

TO: (name of Employer)

Effective
                 , I hereby request and authorize you to
deduct from my earnings each                              , the amount
of $                     per
(payroll period)

This amount shall be
paid to the Treasurer of Local Union No. 1725 and represents payment of my
Union dues.

These
deductions may be terminated by me during the sixty (60) day period prior to
the termination of this Agreement by my giving written notice in advance or
upon termination of my employment.

Employee's
Signature

Employee’s
Address

ARTICLE
32

LABOR-MANAGEMENT
COMMITTEE

The
Union shall designate a standing committee of three (3) employees whose rates
and conditions of employment are covered by the Agreement, which committee
shall meet with the School Committee or its designated representative, from
time to time at the request of either party.
Such meetings shall be held at the convenience of both parties, if
possible within ten (10) days from the date upon which such request is
received. This clause is not to be
considered part of the grievance procedure hereinbefore described. This committee shall be responsible for
concerning itself with all matters under the following categories: training and
career ladders, classification and re-classification, health and safety, and
any other matter concerning working conditions.

ARTICLE
33

HEALTH
AND SAFETY

Section 1.

a. The Employer
agrees to provide employment and a place of employment which shall be
reasonably safe and healthful for the employees herein and shall furnish and
use safety devices and safeguards and shall adopt and use methods and
provisions adequate to render such places of employment safe and
healthful. Any unresolved concerns in
this area shall initially be referred to the Labor-Management Committee for
review and recommendations.

b. Under no
circumstances will an employee be required or assigned to engage in any
activity involving dangerous conditions of work or danger to person or
property, except if the immediate safety of school children or staff may be
threatened.

c. The Employer
shall notify all workers exposed to previously unknown or undetected toxic
substances which may be a health hazard to employees and Employer plans to
eliminate or minimize these hazards.

d. No employee
shall be required to work on any job with which he is unfamiliar until he shall
have received adequate safety training in the performance of the operation.

e. The
District agrees to buy and install one suspension-style bus seat

in each of the following years: FY >05, FY >06, FY >07 if the Union

so
requests in each of those years. It is
expressly understood that

all
drivers, regardless of whether their regular bus contains such a

suspension
seat, will also be required drive District vehicles

without
such seats. Moreover, the District
reserves the right to

determine
who will drive the vehicles with suspension seats and

to
alternate who drives those vehicles.

Section 2.

a. Union
representatives on the Labor-Management Committee shall be permitted a
reasonable opportunity to visit work locations throughout the Employer's
facilities where employees who are covered by this Agreement perform their
duties, for the purpose of investigating unresolved safety and health
conditions, during working hours, with no loss of pay.

b. The Employer
shall comply with all Federal, State and local health and safety laws and shall
provide for first-aid training on an annual basis.

Section 3.

a. The parties
agree that, during the term of this Agreement, they will implement the
requirements of the Department of Transportation on Drug and Alcohol Testing
for CDL's as outlined in the parties' side letter agreement on such testing.

ARTICLE
34

CONTRACTING AND
SUBCONTRACTING OF PUBLIC WORK

For the
term of this contract, the Employer will not contract out school department
work which replaces individuals or groups presently employed in the bargaining
unit. This provision does not apply to
temporary employees, vacated positions, or CETA employees.

ARTICLE
35

MANAGERIAL
EMPLOYEES

Section 1.

No
managerial employee, as defined by the Massachusetts Public Employee Collective
Bargaining Law (Chapter 150E), or any other employee outside the bargaining
unit who is excluded from the terms of this Agreement, shall regularly perform
the work of any employee covered by this Agreement except in the case of
extreme emergency, excessive absence of employees from work, or for the purpose
of providing instruction or training of employees, except as heretofore has
been the custom.

Section 2.

The
parties agree that managerial employees and others outside the bargaining unit
will not have their duties enlarged to take work away from bargaining unit
members.

Section 3.

No
bargaining unit employee shall be required to do the work of any managerial
employee, as defined by the Massachusetts Public Employee Collective Bargaining
Law (Chapter 150E) or any other employee outside the bargaining unit who is
excluded from the terms of this Agreement.

ARTICLE
36

SICK
LEAVE BUY BACK

A
bargaining unit member who has completed twenty (20) or more years of service
with the Committees will, upon a voluntary termination of employment and if
their accumulation of sick leave is at least 140 days, be compensated for their
unused accumulated sick leave at the rate of ~~$10~~ $15 per
day. A voluntary termination will be
limited to retirement and/or a normal resignation resulting from another
employment opportunity.

ARTICLE
37

EMPLOYEE
EVALUATION

Section 1.

Performance
evaluations are designed to serve the needs of both the employee and
employer. An organized program for
employee performance evaluation will:

a. Improve
employee satisfaction and potentially reduce employee absenteeism, turnover,
and grievance. Management
reserves the right to convene a committee consisting of management and union
members to revise the evaluation system.
The revised evaluation mechanism will be used to evaluate employee
performance during FY >06 (July 1, 2005-June 30, 2006). Thereafter, the revised evaluation system
will be utilized each year thereafter unless and until management and the union
convene a subsequent committee to further revise the evaluation system.

b. Serve as an
important motivation tool and improve the qualify of job performance;

c. Enhance the
ability to achieve Affirmative Action goals through supervisor-employee
communication;

d. Base
personnel actions on objective, accurate and fair performance appraisals;

e. Monitor the
performance of probationary employees on a timely basis; and

f. Serve as
evidence for any employment decisions.
Performance evaluation is the review and rating of all factors relevant
to an employee's effectiveness on the job.
It involves observation, guidance, training and open communication
between the employee and supervisor. For
it to be of significant benefit to both the individual employee and the
employer, it should be continuous process.
Performance evaluation should be seen primarily as a developmental tool. Its purpose is to assess an employee's
job-related strengths and weaknesses and develop his/her competence to the
fullest. In a correctly executed
evaluation, the supervisor and the employee work together to find the means by
which the employee's ability can be strengthened and directed.

Section 2.

a. Performance
evaluation of an employee shall be made annually by the supervisor prior to May
30 of each year with the exception of a probationary employee who shall be
evaluated a the completion of the first three (3) months of service. Such evaluation will be recorded in writing
on the form agreed to by the parties and shall be made on the basis of the
following criteria:

A. Quality and
quantity of work;

B. Work habits;

C. Work attitudes;

D. Working relations with others;

E. Supervisory ability (if employee
supervises others).

Section 3.

Each
employee shall receive a written copy of his/her evaluation and shall be
entitled to discuss the evaluation with the evaluator and, if requested, with
the supervisor of the next higher level than the evaluator who has been
assigned to review the performance evaluation.
For the purpose of this article, the evaluator will be the principal
with input from the Maintenance and Transportation Administrator for
Custodians/Matrons, and will be the Maintenance and Transportation
Administrator for all system-wide employees.

Section 4.

The
Superintendent's office shall receive all evaluation from the evaluator, shall
retain such evaluations, together with any recommendations made on the basis of
any such evaluation, and any evidence or materials submitted in support of such
evaluation, in the respective personnel file of each employee.

Section 5.

The
employee may review his/her evaluation in the Superintendent office.

ARTICLE
38

PROTECTION

1. The
employer shall indemnify employees in all negligence actions as allowed by G.L.
c.258, the Torts Claims Act.

2. In
the event that a parent/guardian claims that an employee has assaulted his/her
child, the Employer shall promptly investigate the claim. If the Employer determines that the employee
did not assault the child or acted appropriately to protect him/herself or
others from injury, then the Employer shall either indemnify the employee for
any legal fees or costs, or shall provide the employee with counsel in any
subsequent civil or criminal action.

ARTICLE
39

AGENCY
SERVICE FEE

The
School Committee(s) and their Agents, in accordance with the provisions of
M.G.L. Chapter 150E, Section 12, shall require as a condition of employment for
each employee who is not a member of the AFSCME Council 93, Local 1725,
AFL-CIO, the payment of an agency service fee, said payment to be effective on
or after the 30th day following the effective date of this Agreement on or
after the 30th day of initial employment, whichever is later.

The
amount of the service fee shall be equal to the pro rata cost of collective
bargaining and contract administration as certified by the AFSCME Council 93,
Local 1725, AFL-CIO. Employees may have
access to payroll deductions for the purpose of paying the agency service
fee. The AFSCME Council 93, Local 1725,
AFL-CIO shall be responsible for notifying the Business Office of the amount to
be deducted prior to the issuance of the first paycheck.

In the
event that an employee fails or refuses to pay the agency service fee, the
AFSCME Council 93, Local 1725, AFL-CIO shall take appropriate legal action to
collect the fee. Any judgment against
such an employee by a forum of competent jurisdiction as a result of such
action shall include payment of the Union=s
costs and reasonable attorneys=
fees.

The
AFSCME Council 93, Local 1725, AFL-CIO shall indemnify the School Committee(s)
and agents against any and all claims, demands, suits, damages, legal fees, or
any other form of liability that may arise by reason of the School
Committee(s)' compliance with the Agency Service Fee provisions of this
Agreement, upon the following conditions:
(1) the School Committee(s) have complied fully and properly with these
obligations under the Agency Service Fee provisions of this Agreement; (2) the
Union retains the right to select or assign counsel of its choice in defending
the School Committee(s) in such matters provided that such counsel consults
with and/or keeps the Committees' regular counsel informed of litigation
proceedings; (3) the School Committee(s) cooperate with counsel selected or
assigned by the AFSCME Council 93, Local 1725, AFL-CIO; and (4) the AFSCME
Council 93, Local 1725, AFL-CIO retains full control over the conduct of the
case. Failure to meet any of the
foregoing conditions will relieve the AFSCME Council 93, Local 1725, AFL-CIO of
its obligation under this indemnification clause. Any dispute over the Committees' compliance
with these conditions is subject to arbitration under the provisions of Article
5.

ARTICLE
40

DURATION

The
Agreement shall remain in full force and effect from July 1, 2004 to
June 30, 2007. The Parties agree that not later than May 1, 2007, to
enter into negotiations for a successor agreement to be effective on July 1, 2007. The provisions of the Agreement will remain
in full force and effect until such successor agreement is executed.

IN
WITNESS WHEREOF, the Parties hereunto set their hands and seals this day of , 2005.

FOR THE SCHOOL
COMMITTEE FOR
AFSCME, AFL-CIO

________________________________

______ ________________________________

APPENDIX A LAST YEAR OF FORMER CONTRACT JULY 1, 2003 - JUNE 30, 2004

EMPLOYEES HIRED BEFORE JUNE 30, 2004

B	24474	25210	25944	26684	27457	28225	29398	30280
C	25160	25898	26631	27339	28175	28944	30119	31023
D	25839	26574	27336	28110	28879	29454	30830	31755
E	26520	27429	28338	29250	30159	31068	32380	33351
F	27251	28161	29068	29977	30888	31799	33112	34105
J	29407	30456	31502	32554	33606	34653	36102	37185
K	30125	31178	32228	33271	34141	35373	36818	37923

NEW STEP SCHEDULE TO BE IMPLEMENTED FOR EMPLOYEES HIRED ON OR AFTER JULY 1, 2004* (ELEVEN COLUMNS)

B	24241	24786	25344	25914	26497	27093	27702	28325	28962	29614	30280
C	24836	25395	25966	26550	27147	27758	28382	29020	29673	30340	31023
D	25421	25993	26578	27176	27787	28412	29051	29705	30373	31056	31755
E	26698	27299	27913	28541	29183	29840	30511	31197	31899	32617	33351
F	27303	27917	28545	29187	29844	30515	31201	31903	32621	33355	34105
J	29769	30439	31124	31824	32540	33272	34020	34785	35567	36367	37185
K	30360	31043	31741	32455	33185	33932	34695	35475	36273	37089	37923

(*This table was generated by taking the last column of the above eight column salary schedule and working backwards by putting
approximately 2.2% spacing between the eleven columns.)

YEAR 1 CUST/MAINT CONTRACT July 1, 2004 – June 31, 2005
	STEP 1	STEP 2	STEP 3	STEP 4	STEP 5	STEP 6	STEP 7	STEP 8	STEP 9	STEP 10	STEP 11
A	$23,539	$24,068	$24,608	$25,161	$25,726	$26,304	$26,895	$27,499	$28,116	$28,747	$29,392
B	$24,841	$25,375	$25,921	$26,479	$27,049	$27,631	$28,226	$28,833	$29,453	$30,087	$30,734
C	$25,537	$26,077	$26,629	$27,193	$27,769	$28,357	$28,957	$29,570	$30,196	$30,835	$31,488
D	$26,227	$26,773	$27,331	$27,900	$28,481	$29,074	$29,680	$30,298	$30,929	$31,573	$32,231
E	$26,918	$27,542	$28,180	$28,833	$29,501	$30,185	$30,885	$31,601	$32,334	$33,084	$33,851
F	$27,660	$28,288	$28,930	$29,586	$30,257	$30,944	$31,646	$32,364	$33,098	$33,849	$34,617
G	$28,382	$29,013	$29,658	$30,318	$30,992	$31,681	$32,385	$33,105	$33,841	$34,594	$35,363
H	$29,139	$29,783	$30,441	$31,114	$31,802	$32,505	$33,223	$33,957	$34,708	$35,475	$36,259
J	$29,848	$30,557	$31,283	$32,026	$32,786	$33,565	$34,362	$35,178	$36,013	$36,868	$37,743
K	$30,577	$31,289	$32,018	$32,764	$33,527	$34,308	$35,107	$35,924	$36,760	$37,616	$38,492

	Differentials:				LONGEVITY:
	ELEM HD	GRADE D			$250	5YRS
	MS HEAD	GRADE E			$500	10YRS
	SH HEAD	GRADE F			$1,000	15YRS
	NS HEAD	GRADE D			$1,400	20YRS
	TRANS SUPV	GRADE J			$1,800	25YRS
	NS	$.40/HOUR			$2,000	30YRS

HOURLY RATE
	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8	Step 9	Step 10	Step 11
A	$11.32	$11.57	$11.83	$12.10	$12.37	$12.65	$12.93	$13.22	$13.52	$13.82	$14.13
B	$11.94	$12.20	$12.46	$12.73	$13.00	$13.28	$13.57	$13.86	$14.16	$14.46	$14.78
C	$12.28	$12.54	$12.80	$13.07	$13.35	$13.63	$13.92	$14.22	$14.52	$14.82	$15.14
D	$12.61	$12.87	$13.14	$13.41	$13.69	$13.98	$14.27	$14.57	$14.87	$15.18	$15.50
E	$12.94	$13.24	$13.55	$13.86	$14.18	$14.51	$14.85	$15.19	$15.55	$15.91	$16.27
F	$13.30	$13.60	$13.91	$14.22	$14.55	$14.88	$15.21	$15.56	$15.91	$16.27	$16.64
G	$13.65	$13.95	$14.26	$14.58	$14.90	$15.23	$15.57	$15.92	$16.27	$16.63	$17.00
H	$14.01	$14.32	$14.64	$14.96	$15.29	$15.63	$15.97	$16.33	$16.69	$17.06	$17.43
J	$14.35	$14.69	$15.04	$15.40	$15.76	$16.14	$16.52	$16.91	$17.31	$17.73	$18.15
K	$14.70	$15.04	$15.39	$15.75	$16.12	$16.49	$16.88	$17.27	$17.67	$18.08	$18.51

APPENDIX B YEAR 2 JULY 1, 2005 - JUNE 30, 2006
	STEP 1	STEP 2	STEP 3	STEP 4	STEP 5	STEP 6	STEP 7	STEP 8	STEP 9	STEP 10	STEP 11
A	$24,127	$24,670	$25,223	$25,790	$26,369	$26,962	$27,567	$28,186	$28,819	$29,466	$30,127
B	$25,462	$26,009	$26,569	$27,141	$27,725	$28,322	$28,932	$29,554	$30,189	$30,839	$31,502
C	$26,175	$26,729	$27,295	$27,873	$28,463	$29,066	$29,681	$30,309	$30,951	$31,606	$32,275
D	$26,883	$27,442	$28,014	$28,598	$29,193	$29,801	$30,422	$31,055	$31,702	$32,362	$33,037
E	$27,591	$28,231	$28,885	$29,554	$30,239	$30,940	$31,657	$32,391	$33,142	$33,911	$34,697
F	$28,352	$28,995	$29,653	$30,326	$31,013	$31,718	$32,437	$33,173	$33,925	$34,695	$35,482
G	$29,092	$29,738	$30,399	$31,076	$31,767	$32,473	$33,195	$33,933	$34,687	$35,459	$36,247
H	$29,867	$30,528	$31,202	$31,892	$32,597	$33,318	$34,054	$34,806	$35,576	$36,362	$37,165
J	$30,594	$31,321	$32,065	$32,827	$33,606	$34,404	$35,221	$36,057	$36,913	$37,790	$38,687
K	$31,341	$32,071	$32,818	$33,583	$34,365	$35,166	$35,985	$36,822	$37,679	$38,556	$39,454


	Differentials:				LONGEVITY:
	ELEM HD	GRADE D			$545	10YRS
	MS HEAD	GRADE E			$1,090	15YRS
	SH HEAD	GRADE F			$1,635	20YRS
	NS HEAD	GRADE D			$2,180	25YRS
	TRANS SUPV	GRADE J
	NS	$.40/HOUR

HOURLY RATE
	Step 1	Step 2	Step 3	Step 4	Step 5	Step 6	Step 7	Step 8	Step 9	Step 10	Step 11
A	$11.60	$11.86	$12.13	$12.40	$12.68	$12.96	$13.25	$13.55	$13.86	$14.17	$14.48
B	$12.24	$12.50	$12.77	$13.05	$13.33	$13.62	$13.91	$14.21	$14.51	$14.83	$15.15
C	$12.58	$12.85	$13.12	$13.40	$13.68	$13.97	$14.27	$14.57	$14.88	$15.20	$15.52
D	$12.92	$13.19	$13.47	$13.75	$14.04	$14.33	$14.63	$14.93	$15.24	$15.56	$15.88
E	$13.26	$13.57	$13.89	$14.21	$14.54	$14.88	$15.22	$15.57	$15.93	$16.30	$16.68
F	$13.63	$13.94	$14.26	$14.58	$14.91	$15.25	$15.59	$15.95	$16.31	$16.68	$17.06
G	$13.99	$14.30	$14.61	$14.94	$15.27	$15.61	$15.96	$16.31	$16.68	$17.05	$17.43
H	$14.36	$14.68	$15.00	$15.33	$15.67	$16.02	$16.37	$16.73	$17.10	$17.48	$17.87
J	$14.71	$15.06	$15.42	$15.78	$16.16	$16.54	$16.93	$17.34	$17.75	$18.17	$18.60
K	$15.07	$15.42	$15.78	$16.15	$16.52	$16.91	$17.30	$17.70	$18.11	$18.54	$18.97

Effective July 1, 2006, the bus driver/maintenance
position shall be reclassified from Grade D to Grade E.

APPENDIX C YEAR 3 JULY 1, 2006 - JUNE 30, 2007
	STEP 1	STEP 2	STEP 3	STEP 4	STEP 5	STEP 6	STEP 7	STEP 8	STEP 9	STEP 10	STEP 11
A	$24,971	$25,533	$26,106	$26,693	$27,292	$27,906	$28,532	$29,173	$29,828	$30,497	$31,181
B	$26,353	$26,919	$27,499	$28,091	$28,695	$29,313	$29,945	$30,588	$31,246	$31,918	$32,605
C	$27,091	$27,665	$28,250	$28,849	$29,459	$30,083	$30,720	$31,370	$32,034	$32,712	$33,405
D	$27,824	$28,402	$28,994	$29,599	$30,215	$30,844	$31,487	$32,142	$32,812	$33,495	$34,193
E	$28,557	$29,219	$29,896	$30,588	$31,297	$32,023	$32,765	$33,525	$34,302	$35,098	$35,911
F	$29,344	$30,010	$30,691	$31,387	$32,098	$32,828	$33,572	$34,334	$35,112	$35,909	$36,724
G	$30,110	$30,779	$31,463	$32,164	$32,879	$33,610	$34,357	$35,121	$35,901	$36,700	$37,516
H	$30,912	$31,596	$32,294