The RSU #16 Board of Directors (hereafter called "Board") and the RSU #16 Educational Support Unit, represented by the RSU #16 Education Association, affiliated ,with the Maine Education Association and the National Education Association (hereafter called "Association") agree that they share a joint interest and dedication to operate within their respective duties and powers to provide the best possible educational system for the children of RSU #16. This Agreement is entered into by the Board and the Association with the hope that the mutual respect held by each of the parties will engender a spirit of cooperation which will result in the finest quality education.
The Board recognizes the Association as the sole and exclusive bargaining agent in accordance with the Municipal Public Employees Labor Relations Law, 26 M.R.S.A. Section 961 et seq., for a unit consisting of all public employees, as defined by 26 M.R.S.A. Section 962(6), employed by RSU #16 as Food Service Assistants; Food Service Specialists; Food Service Managers; School Administrative Assistants, Secretaries and Receptionists; Educational Technicians II and III; and Licensed Practical Nurses, custodians/maintenance and excluding all other positions in RSU #16.
ARTICLE 2 NEGOTIATION PROCEDURE
The Board and the Association have a statutory obligation pursuant to the Maine Municipal Public Employees Labor Relations Law to confer and negotiate a successor agreement in good faith with respect to wages, hours, working conditions and contract grievance arbitration.
The Board hereby retains and reserves unto itself (or to its designees, which it may from time to time designate to act on its behalf on any matter covered by this Agreement) all powers and duties vested in it by law and/or regulations; the right to act on educational policy matters; the right to sole and exclusive control, direction and supervision of operations and personnel; and the right to carry out ordinary and customary functions of management, except as such rights are specifically limited by a provision of this Agreement.
A. The Association shall be permitted to use school facilities and equipment outside of work hours, subject to the same regulations and charges as community organizations.
B. The Association shall have the right to post notices of activities and matters of Association concern
in areas designated for employee use. The Association may use the district mail service, employee mailboxes, school computer equipment, and district email for communications to employees.
C. Duly authorized representatives of the Association shall be permitted to transact official Association business on school property at all reasonable times, provided that this does not interfere with the operations of the schools, scheduled meetings or assigned duties of the employees.
D. MEA/NEA Office Leave: Employees who are elected to office in either the MEA or NEA may be granted a one (1) year leave without pay subject to Superintendent approval.
A. All newly hired employees shall serve a probationary period of one year following the date of hire.
B. No employee who has completed the probationary period shall be given a written reprimand, suspended, demoted or discharged, without just cause.
C. Complaints regarding an employee's performance made to any member of the administration and/or Board by any parent, student or other person shall be called to the attention of the employee within five school days. The employee shall be given an opportunity to respond to and/or rebut such complaint, and shall have the right to be represented by the Association at any meetings or conferences regarding such complaint(s).
D. Whenever an employee is called before the Superintendent or the Board concerning any matter which could have an adverse effect on the employee's continuation in his/her position or employment, the employee shall be entitled to twenty-four (24) hours prior written notice of the reason for the meeting and to have an Association representative present. It is understood that the twenty-four (24) hours prior written notice may be waived if there is an immediate health or safety concern that must be addressed.
E. Pay and benefits shall continue during any administrative leave pending disciplinary action.
F.An employee who is given a written reprimand, suspended, demoted, or discharged shall be given prompt written notice of the action and the reasons therefore. Notification shall be given either in person or by certified mail, return receipt requested and the employee shall be afforded an Association representative.
G. A grievance concerning the discharge or demotion of an employee may be initiated at Level Two of the grievance procedure (Article 19).
H. The Board and the Association agree not to discriminate with respect to wages, hours and working conditions based on membership or nonmembership in the Association.
A. The Board shall maintain, for official School Department purposes, one (1) personnel file for each employee in accordance with 20-A MRSA sections 610 I and 6102. This file shall be kept under conditions that ensure its integrity and safekeeping and shall contain copies of personnel forms, official correspondence to and/or from the employee, written evaluations and other appropriate material relating to the employee's employment.
B. An employee shall be given a copy of any detrimental material prior to its being placed in the file. An employee shall also have the right to submit a written answer to any materials placed in the file within thirty (30) days. Anonymous or unattributed material shall not be placed in the file unless the matter is investigated and found to have merit, in which case an investigation report shall be placed in the personnel file.
C. An employee shall have the right to examine his/her file in the presence of the Superintendent, his/her designee, or appropriate administrative personnel, during the normal business hours of the office in which the file is kept and within two (2) working days of the request. Upon request, an employee may obtain copies of any material in the personnel file without cost.
A. Each employee shall be provided with a written job description which describes his/her job responsibilities.
B. The Association shall be provided copies of all current job descriptions of employees in the bargaining unit.
C. The administration will notify affected employees and the Association of any substantive changes in job descriptions and meet and consult about such changes upon request. The administration's decision regarding the content of job descriptions is final.
A. The Board shall comply with applicable provisions of federal and state laws and regulations with respect to employee safety and health in order to provide a safe working environment.
B. It is the responsibility of the employee to notify the administration as soon as possible of any threat, assault or other situation that he/she believes to be unsafe or hazardous. The administration will investigate and remediate as appropriate.
C. Written, verbal or physical threats made against an employee by students, parents, community members or colleagues shall be immediately reported to the Superintendent and the appropriate law enforcement officials if necessary. The administration shall conduct an investigation and the employee shall be notified of the outcome of the investigation to the extent allowed by law.
A. An employee who wishes a change of assignment may make such request in writing to the Superintendent, including the specific assignment and/or building desired. An employee who applies for a vacancy in a timely manner and has the requisite qualifications for a position shall be considered by the interviewing committee.
B. An employee who is involuntarily transferred shall be notified by the Superintendent at least ten (I 0) working days in advance, except in an emergency. The Association Co-Presidents shall also be notified of all involuntary transfers. The employee may request a meeting with the Superintendent to discuss the transfer.
C. It is understood between the parties that decisions about employee assignments and transfers will be made based on the best interests of RSU #16 and such decisions by the administration are final.
D. An employee who is transferred to a higher or lower classification shall be placed on the same step in the new classification.
E. During the school year, whenever a job opening occurs within the bargaining unit, it shall be posted in the schools and the Superintendent’s Office not less than ten (10) days before the position is permanently filled. During the summer, vacancies will be posted and a copy mailed to the Association President(s) not less than ten (10) days before the position is permanently filled.
ARTICLE 10 WORK YEARS AND WORK HOURS
A. Work Years
1. It is understood between the parties that the scheduled work years of employees may be increased or decreased by the Board in order to meet the educational, operational and financial needs of RSU #16, and that wages shall be adjusted accordingly should there be a change in work year for any reason. The Board or its designee(s) shall meet and consult with the Association before making any change in employee work years.
2. Not withstanding the previous paragraph, the normal work year for each position shall be as follows:
a. School Administrative Assistants, Secretaries and Receptionists: The teacher work year, plus additional days as determined by the Superintendent.
b. Educational Technicians: The student year, plus workshop days as determined by
c. Food Service Managers: The student year, plus additional days as determined by the Superintendent.
d. Food Service Specialists: The student year , plus additional days as determined by
e. Licensed Practical Nurses: The student year, plus five (5) workshop days. If the nurse to student ratio exceeds 1:425 then an additional 2 workshop days will be granted.
f. Custodians/Maintenance: 260 days
g. A calendar will be provided at the beginning of each school year detailing which days they should attend that year. With the understanding that unforeseen circumstances may cause the Superintendent to have to modify the calendar.
B. Work Hours
1. It is understood between the parties that the scheduled work hours of employees may be increased or decreased by the Board in order to meet the educational, operational and financial needs of RSU #16, and that wages shall be adjusted accordingly should there be a change in work hours for any reason. The Board or its designee(s) shall meet and consult with the Association before making any change in employee work hours.
2. The minimum work hours per week for full-time employees shall be 30 hours and shall be used to determine eligibility for full-time insurance and leave benefits.
3. A part-time employee shall receive pro-rated insurance and leave benefits based upon his/her regularly scheduled hours compared to full-time. However, employees who work under twenty-five
(25) hours per week are not eligible for insurance benefits paid for by RSU #16.
Employees who work six (6) hours or more per day are entitled to an unpaid duty-free break each day. which shall not be considered part of the workday. The time scheduled for this break shall be determined by the building principal.
Overtime that has been approved in advance by the building principal or supervisor shall be paid at time and one-half after forty (40) hours actually worked in a workweek. Paid overtime may be in the form of compensation time with written prior approval of the employee.
E. Early Release Days
Employees will work a regular schedule on early release days unless provided with an alternate schedule. The alternate schedule will be provided at the beginning of the school year with the understanding that meeting dates and times are subject to change as deemed necessary by the Superintendent. Employees shall perform such duties after student dismissal as assigned by their supervisor.
F. Required Attendance
Employees who are required to attend staff meetings by their supervisor outside of regular work hours shall be paid for this time. This time must be recorded on employee time sheets.
ARTICLE 11 WAGES
A. Employees shall be paid wages as specified in Appendix A.
B. Initial placement on the wage scale shall be determined by the Superintendent, based on his/her assessment of the employee's prior experience. The Superintendent shall inform the Association Presidents of an employee's initial placement.
C. An employee shall be eligible for progression on the wage scale if he/she works a minimum of one hundred thirty (130) days in a work year, with the exception of custodians who must work one hundred eighty (180) days for progression on the wage scale. Employees will receive step increases at the beginning of each contract year.
D. Employees shall be paid every two (2) weeks. Time slips must be completed on a weekly basis.
E. Upon appropriate written authorization from the employee, the Board shall deduct from the payroll check of any employee and make appropriate remittance for insurance and other plans and programs approved by RSU #16.
F. The Board agrees to deduct Association dues from payroll checks, provided that individual employees provide written authorization for such deduction. The Association shall certify to the Board the current rate for dues by October 1st of each year. The Association shall indemnify and hold the Board and its representatives/designees harmless from any and all claims arising out of the deduction of Association dues.
G. Employees shall be required to utilize direct deposit. Pay stubs will be e-mailed to the employee's RSU #16 e- mail address. Upon written request to the Superintendent's Office, an employee will be provided with a paper copy of his/her pay stubs.
H. If an educational technician substitutes for a classroom teacher for an entire school day, the educational technician shall receive his/her regular hourly wage, plus a stipend of twenty dollars ($20).
I. In the event that the Food Service Manager requires a substitute, the substitute employee shall receive compensation in the amount of one dollar ($1.00) per hour in addition to his/her hourly wage. This decision will be made by the superintendent and/or designee.
J. In the event that the Maintenance Director requires a substitute, the substitute employee shall receive compensation in the amount of one dollar ($1.00) per hour in addition to his/her hourly wage. This decision will be made by the superintendent and/or designee.
K. Newly-hired educational technicians shall be informed of the Maine Department of Education certification website. Educational technicians are responsible for maintaining current authorization status with the Maine Department of Education at all times.
A. Full-time employees: RSU #16 shall pay up to 88% of the MEA Benefits Trust Choice Plus Single and Adult with child premium, 84% of the two Adult premium and 82% of the Family premium.
B. Part-time employees: RSU #16 shall pay pro-rated insurance benefits based upon the employee's
regularly scheduled hours compared to full-time. However, employees who work under twenty-five (25 hours) per week are not eligible for insurance benefits paid for by RSU # 16.
C. Employees who select a plan other than the Choice Plus plan shall pay any excess premium amount.
D. If an employee's spouse or domestic partner has access to health insurance through his/her own employer, he/she will not be eligible for insurance benefits paid by RSU 16. This provision does not apply to an employee employed prior to July 1, 2012 whose spouse or domestic partner is currently covered by RSU 16. Support staff who seek to cover a spouse/domestic partner under RSU 16’s health insurance plan are required annually, to sign a certification that he/she is not eligible for insurance through his/her own employer during open enrollment.
E. If both spouses are employed by RSU #16, they will receive ninety-five (95%) health insurance coverage, but they must agree to take the lowest cost option available (i.e., if two (2) single plans are less expensive than the two-adult plan, they will take two (2) single plans).
F. Employees are eligible to participate in the RSU # 16 dental plan at their own expense.
The Board and the Association recognize that ongoing professional development is essential to providing a quality education. Furthermore, the Board recognizes that it shares with its staff responsibility for continuing training of employees and improvement of instruction.
A. Course Approval
RSU #16 will reimburse support staff for courses up to a maximum of six (6) credit hours at the University of Maine at Orono undergraduate rate per fiscal year. The UMO rate is the maximum that will be paid for any course. If a support staff takes a course at a higher rate, he/she will be responsible for the difference in cost. There will be an overall cap of $15,000 for tuition reimbursement. A support staff must obtain prior approval from the Superintendent and meet the following conditions:
1. Courses will only be approved from institutions that appear in the U. S. Department
2. The conference/workshop/course must relate directly to the job that the employee is currently employed to perform.
3. Course approval forms must be submitted four (4) weeks prior to the registration deadline for a course.
4. The support staff must obtain a “B” or better (or Pass in a Pass/Fail course) in order to be reimbursed.
5. The support staff must still be working for with RSU #16 to receive reimbursement.
6. Support Staff may request pre-payment for courses provided that they meet the applicable requirements above and sign a written agreement that they shall reimburse
RSU#16 for the cost of the course(s) if they do not obtain a “B” in the course; withdraw from the course; or leave their employment with RSU #16 within two (2) years of completing the course(s).
7. A support staff must submit a transcript for completed courses to the Superintendent's Office within thirty (30) days of course completion. If the transcript is not submitted, RSU 16 may deduct the amount prepaid from the support staff’s bi-weekly pay.
8. If a support staff fails to reimburse RSU 16 within 60 days of receiving a grade less than a “B” or “fail”, RSU 16 may deduct the amount owed from the support staff’s pay.
9. This benefit will be available to employees working twenty-five (25) hours or more as a normal work week.
B. Support staff may request to participate in seminars, workshops and other professional development opportunities at RSU #16’s expense. The Superintendent will make decisions
on such requests based on funds available and the relevance/value of the particular activity to the support staff’s assignment in RSU #16.
All leave benefits are pro-rated for part-time employees based on hours worked compared to full-time for the particular position as specified in Article 1.
A. Sick Leave
1. School year employees shall receive ten (10) sick leave days each year. Employees who work two hundred twenty (220) days or more per year shall receive twelve (12) sick leave days each year. Unused
sick leave shall accumulate to a maximum of seventy-five (75) days.
2. Employees will receive sick day contractual allotments at the beginning of each contract year.
3. Sick leave may be used by the employee for personal illness/injury and/or for the diagnosis or treatment of illness by a healthcare professional which cannot be scheduled at a time other than the regular school day and may not be used for any other purpose, except as provided in this Agreement. Employees shall not receive sick leave for absences due to illness or injury incurred during the course
of outside employment.
4. Sick leave may be used in either half-day or full-day increments.
5. Sick leave shall not accrue while an employee is on worker's compensation, unpaid leave of absence, layoff or long-term disability.
6. Employees are expected to schedule routine medical and dental appointments for non-work times whenever possible.
7. The Superintendent may require medical documentation certifying the need for sick leave whenever an employee's use of sick leave exceeds five (5) consecutive work days or whenever there is a concern about
questionable use of sick leave or a pattern of sick leave use.
8. An employee may use up to his/her current year's allotment of sick leave each year to care for a member of his/her immediate family when the employee's presence is required. The Superintendent may require medical documentation confirming the need for such leave. For the purposes of this section, "immediate family" shall include an employee's parent, spouse/domestic partner or child.
• In the event that an immediate family member has an extended serious health condition that requires ongoing care by the employee (such as post-surgical care) and the employee has already used the ten (10) or twelve (12) days of personal sick leave allowed for family care, the employee may request that the Superintendent permit the use of up to a maximum of fifteen (15) additional personal sick leave days to care for such family member. The employee must include medical documentation of the need for such leave with his/her request.
B. Sick Leave Bank
1. The sick leave bank is designed to assist support staff who experience a serious and extended non- work-related illness or injury. It is not intended for elective surgery that could be performed outside the school year; for pregnancy and childbirth (unless medically necessary); or for illness or injury to family members. It is intended to serve those support staff who have used their accumulated sick leave and who anticipate a long-term absence.
2. Participation in the sick bank is open to all support staff.
3. Participation in the sick bank is optional. Any eligible support staff who wishes to participate in the sick bank must contribute one (1) sick day in the first payroll of every school year.
4. The sick bank shall be administered by the Superintendent, Board Chair and Co-President(s). In the event that no consensus is reached, the decision shall go before the full Board.
5. Sick bank days contributed each year shall be added to the bank, but no more than 360 hours shall be carried over from one contract year to the next.
6. In order to withdraw days from the sick bank, a support staff must have exhausted his/her personal sick leave. A support staff requesting days from the sick bank shall apply in writing to the Superintendent. The request must be accompanied with specific medical documentation from a health care provider detailing the nature of the illness or injury; the anticipated length of absence and the anticipated return to work date. The Superintendent and Co-President(s) have the discretion to request additional medical documentation if needed to act upon the request. A support staff is eligible to receive no more than fifteen (15) sick bank days each school year, except that a support staff may apply for up to fifteen (15) additional sick bank days in extraordinary circumstances. A support staff may access the bank no more than twice in any five- year period.
7. Support staff who cancel their membership in the bank will not be reimbursed for days donated.
C. Bereavement Leave
1. Leave without loss of pay shall be allowed as follows:
a. Up to five (5) consecutive workdays per occurrence for a death in the family which includes an employee's spouse, domestic partner, parents, children/stepchildren, siblings, in-laws (mother,
father, brother, sister), aunt, uncle, niece, nephew, grandparents, grandchildren, sibling, or child of a domestic partner.
b. In extenuating circumstances additional days for may be granted at the discretion of the Superintendent and shall be taken from sick leave or be unpaid.
D. Personal Leave
1. Support staff are allowed up to two (2) personal leave days per contract year.
2. Personal leave shall be used only for urgent business which cannot be taken care of outside the workday. Personal days may not be used for recreational purposes or other employment.
3. Personal days may only be taken on the day before or after a holiday or vacation period, or on a teacher workshop day for bona fide emergencies or significant events the scheduling of which are beyond the employee’s control. Requests for personal days on these days must be made to the Superintendent, who has the discretion to require appropriate documentation in support of such requests.
4. Personal days may be taken in full or half-day increments.
5. Support staff are required to request personal days at least five (5) work days in advance, except in an emergency.
6. Support staff will receive personal day contractual allotments at the beginning of each contract year.
E. Legal Proceedings Leave
1. Employees shall be granted leave for jury duty. Employees must turn over their jury duty pay (less expenses, including mileage). If an employee is released from jury duty during work hours, he/she is expected to contact the building principal and return to work if required.
2. 2. Employees shall be granted leave with pay for any legal proceedings when RSU #16 requires the employee to attend.
F. Child Care Leave
An employee may request an unpaid leave of absence for child care purposes for a period up to one (1) year following the birth of a child or an adoption. Any such request must be made in writing to the Superintendent and is subject to approval by the Board. Requests should be submitted at least sixty
(60) days prior to the requested start of the leave, except in an emergency.
G. Military Leave
The Board shall comply with all applicable federal and state laws and regulations concerning military leave.
H. Other Unpaid Leave
An employee may request an unpaid leave for a period up to one (1) year for good reason shown. Any such request must be made in writing to the Superintendent and is subject to approval by the Board, whose decision is final. Requests should be submitted at least sixty (60) working days prior to the requested start of the leave, except in an emergency.
I. Snow Days
An employee may use any available personal leave days to receive pay on snow days. This must be indicated on the employee’s time sheet. Employees dismissed early due to snowstorms or emergencies shall be paid for the full day, if it will be counted as a school day. Custodians are expected to work on snow days. If a custodian
believes that the weather conditions are so severe that he/she cannot drive to work, he/she may use an available personal day. If he/she has no personal days available, any such time taken by a custodian shall be unpaid. The association agrees that the day must count as a school day in order to be paid for the full day on a snow day.
A. Full-time employees shall be entitled to the following holidays paid at the regular rate of pay: Labor Day
Columbus Day Veterans Day Thanksgiving Day
The day after Thanksgiving Christmas
New Years Day
Martin Luther King Day Memorial Day
B. Any employee whose work year exceeds two hundred twenty (220) days per year shall also receive the following holidays:
Presidents' Day Patriots Day Independence Day
C. Part-time employees who are regularly scheduled to work on the day of the week designated as a holiday will receive holiday pay for their regularly scheduled hours. Part-time employees who are not regularly scheduled to work on the day of the week designated as a holiday are not eligible for holiday play.
D. Any employee who is required to work on a holiday shall be paid at one and one- half times his/her regular rate of pay.
E. An employee must be at work on his/her last regularly scheduled work day before and after the holiday in order to receive holiday pay. Vacation time that is pre-approved may count as an approved work day before/after a holiday.
ARTICLE 17 VACATIONS
A. Any employee who works two hundred twenty (220) days per year or more shall receive one (1) week of vacation after one (1) year of employment; two (2) weeks after two (2) years; and three (3) weeks after ten (10) years.
B. Employees may not take more than ten (10) days of vacation at one time.
C. Employees must obtain prior approval from their immediate supervisor before scheduling vacations. Employees are expected to schedule vacations during periods when school is not in session, with the exception of custodians, who can take them at any time during the year, with the approval of their supervisor. In unusual circumstances, the Superintendent may grant exceptions to this requirement.
D. Vacation days are accrued on the employee's anniversary date and cannot be carried over from year to year.
E. Employees who leave employment with RSU #16 during the year will be paid for any unused vacation time.
A. Seniority shall be based upon continuous years of service since the last date of hire in a position( s) contained in this bargaining unit within RSU #16 or the predecessor school units (Poland, Minot or Mechanic Falls). Seniority shall not accrue for part-time employees. Employees with work years of less than twelve (12) months shall not be considered to have suffered a break in service during the months that are not included in the employee's work year. Probationary employees shall have no seniority during the probationary period, but upon completion of the probationary period, shall have seniority retroactive to the date of hire. The Board shall establish a seniority list by impact areas with the name and first date of continuous service of each employee, with the employee with the greatest seniority listed first. In the case of a tie, the date when the employee signed his/her initial individual work agreement shall be used to break the tie. The seniority list shall be updated annually by the Superintendent, provided to the Association and posted in a designated area in each building by October 1st. If no objections to the seniority list are made in writing by November 1st, the list shall be signed by the Superintendent and the Association Co-Presidents and shall be binding on the parties for the balance of the contract year unless changes are mutually agreed to.
B. Impact Areas
For the purposes of this article, the following impact areas shall be used:
(1) Food Service Manager
(2) Food Service Specialist
(3) Food Service Assistant
(4) School Administrative Assistant
(5) School Secretary
(6) Attendance Clerk
(7) Educational Technician II
(8) Educational Technician III
(9) Education Technicians who are hired specifically to meet the needs of an individual student as identified by an IEP Team or a Section 504 Team. Since each student situation is unique, each one-on one position will be considered separately. Therefore, if the student leaves or no longer requires services, the ed tech hired for that student will be terminated and will not have seniority or recall rights. This provision does not apply to an educational technician who was already employed by RSU# 16 and was transferred to a one-on-one position. Such an employee shall continue to accrue seniority in his/her specific impact area and shall be subject to the RIF procedure.
(10) Licensed Practical Nurse
I. The Board has the right to eliminate bargaining unit positions when it deems such action is necessary based upon bona fide financial or program reasons.
2. The Superintendent shall notify the Association at least ten (10) working days prior to a Board meeting at which a reduction in force is to be decided. The Association may request a meeting to discuss the RIF prior to the Board meeting.
3. In the event of a reduction in force, the employee whose position is to be eliminated within an impact area shall be selected on the basis of qualifications and seniority. Qualifications shall include Maine Department of Education authorization (if applicable); any additional coursework or training specific to the employee's position; and performance evaluations. If all employees are equally qualified, then the least senior employee shall be laid off.
4. Employees shall be given at least thirty(30) working days written notice of termination due to a reduction in force. A copy of the notice shall be sent to the Association Co-Presidents. At the Board's discretion, an employee may be paid for the requisite days in lieu of notice.
5. An employee who has been notified that their position has been eliminated shall be entitled to take two
(2) days from available sick and/or personal leave to seek other employment.
1. The Superintendent shall establish a recall list of all laid-off employees and shall provide the Association with a copy whenever changes are made. It is the responsibility of the employee to keep the Superintendent's Office informed of his/her current contact information.
2. An employee who is laid off shall have the right to be recalled in order of seniority to vacancies within the employee's impact area for a period of two (2) years from his/her date of layoff, unless the employee
waives his/her recall rights in writing or resigns. The Superintendent shall provide written notice of recall to the employee's last known mailing address by certified mail, return receipt requested, and to the Association.
3. An employee offered re-employment must accept in writing to the Superintendent within ten (10) working days of the notice. An employee who refuses a position or fails to respond to a notice shall be removed from the recall list. A refusal to accept a position that is less than what the employee had prior to the layoff (full time/part time) will not remove an employee from the recall list.
4. Seniority and all benefits to which an employee was entitled at the time of layoff shall be restored upon return to active employment.
5. Should identical vacant positions occur, reemployment shall be by order of seniority with the ability and the knowledge for the classifications being equal factors.
The purpose of this procedure is to secure, at the lowest level possible, solutions to disagreements or disputes over the meaning or application of this Agreement. Both parties agree that the grievance proceedings will be kept as informal and confidential as may be appropriate at any level of the procedure.
1. A "grievance" is any alleged violation of the specific terms of this Agreement or any dispute with respect to its meaning or application.
2. A "grievant" is the employee(s) or Association making the claim.
3. A "party in interest" is any person(s) who might be required to take action or against whom action might be taken in order to resolve the claim.
4. A "day" shall mean a school day during the school year and during the summer it shall mean business days when the Superintendent's Office is open, exclusive of weekends and legal holidays.
C. Time Limits
1. Since it is important that a grievance be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual written agreement between the Superintendent and the Association Co-Presidents.
2. Failure of the grievant to timely file a grievance or to strictly adhere to all further time requirements in the grievance procedure shall constitute a waiver of such grievance and shall be a complete bar to arbitration.
3. Failure of the administration to respond within a time limit in the grievance procedure shall provide
the grievant with the right to appeal the grievance to the next level of the procedure.
4. A formal grievance to be considered under this Article must be filed within fifteen (15) days of the treatment, act or condition that forms the basis of the grievance.
D. Informal Procedure
I . If an employee feels that he/she may have a grievance, he/she must first discuss the matter with his/her building principal or immediate supervisor, in an attempt to resolve the grievance informally. If the grievance is the result of a decision or action of an administrator other than the building principal or immediate supervisor, the procedure shall be initiated at Level Two.
E. Formal Procedure
I. Level One
a. If a grievant is not satisfied with the outcome of the informal procedure, he/she may present his/her claim as a formal grievance in writing to the building principal or immediate supervisor within the time limit in Section C.4 above.
b. The building principal/immediate supervisor shall meet with the grievant and within ten (10) days after receipt of the written grievance, render his/her decision in writing to the grievant, with a copy to the Association Co-Presidents.
2. Level Two
a. If the grievant is not satisfied with the disposition of the grievance at Level One, he/she may, within ten (10) days after receipt of the decision, appeal his/her written grievance with the Superintendent.
b. The Superintendent shall, within ten (10) days after receipt of the appeal, meet with the grievant for the purpose of resolving the grievance.
c. The Superintendent shall, within ten (I 0) days after the meeting, render his/her decision in writing to the grievant, with a copy to the Association Co-Presidents.
3. Level Three
a. If the grievant is not satisfied with the disposition of the grievance at Level Two, he/she may, within ten (10) days after receipt of the decision, appeal his/her written grievance with the Superintendent and Board Chair.
b. The Board shall, at its next regularly scheduled meeting after receipt of the appeal (or, at the Board's discretion, at a meeting called to hear the grievance), meet with the grievant for the purpose of resolving the grievance.
c. The Board shall, within ten (10) days after the meeting, render its decision in writing to the grievant, with a copy to the Association Co-Presidents.
4. Level Four
a. If the Association is not satisfied with the disposition of the grievance at Level Three, it may, within ten (10) days after receipt of the decision, submit the grievance to arbitration by so
notifying the Board Chair and Superintendent in writing.
b. The Superintendent/designee and the Association Co-Presidents/designee shall within five
(5) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within five (5) days, the American Arbitration Association shall be called upon to select an arbitrator in accordance with its Labor Arbitration rules.
c. The arbitrator selected shall confer promptly with the representatives of the Board and the Association to schedule the arbitration hearing.
d. The arbitrator shall render his/her decision in writing to the parties within thirty (30) days of the hearing, setting forth his/her findings of fact, reasoning and conclusions on the issue( s) submitted. The arbitrator 's jurisdiction is limited to interpretation and application of the express terms of this Agreement. The arbitrator shall be without power or authority to make a decision that violates the law or the terms of this Agreement. The decision of the arbitrator shall be final and binding on the parties, subject to judicial review as provided by law.
e. The costs of the arbitrator and meeting space shall be shared equally by the Board and the Association.
F. Other Provisions
1. There shall be no reprisals against any participant in the grievance process.
2. A grievant may choose to be represented by the Association or by another person during the informal procedure and Levels One, Two and Three. If the Association is not representing the grievant, it shall have the right to be present and to share its views at any meeting between the grievant and the administration.
3. All documents, communications and records generated in the grievance process shall be filed separately from the personnel files of the participants.
4. All meetings conducted pursuant to this Article shall be conducted in private or executive session, except as mutually agreed otherwise by the parties.
5. Grievances must be filed in writing on a form to be provided by the Board and approved by the Association. Grievances must include the signature of at least one unit member.
In the event that any provision of this Agreement is found to be in conflict with any state, federal or other applicable laws/regulations, such law(s)/regulation(s) shall prevail and such provisions of the Agreement shall be considered invalid and void. Such invalidity shall not affect the validity of the remaining provisions of this Agreement which shall remain in full force and effect.
ARTICLE 21 CLOTHING ALLOWANCE
1. The Board shall provide five shirts for custodians each fiscal year, which they are required to wear at work. The Board will also reimburse custodians up to $100 each year for appropriate work clothes, work boots or shoes, upon presentation of an appropriate receipt.
2. The Board will reimburse LPNs up to $150 each fiscal year for appropriate work clothing and
shoes upon presentation of an appropriate receipt.
This Agreement incorporates the entire understanding of the parties on all matters which were or could have been the subject of negotiations. During the term of this Agreement, neither party shall be required to negotiate with regard to any such matter, whether or not covered by this Agreement, and whether or not within the knowledge or contemplation of either or both parties at the time they negotiated or executed this Agreement.
This Agreement shall become effective July 1, 2017, for all employees and shall continue in full force and effect until June 30, 2020.
RSU #16 Board of Directors By:
RSU #16 Education Association,
for the Teacher Unit By:
Wage Rate Scale
0 to 2
3 to 5
6 to 8
9 to 12
0 to 2
3 to 5
6 to 8
9 to 12
Educational Technician II
0 to 2
3 to 5
6 to 8
9 to 12
Educational Technician III
0 to 2
3 to 5
6 to 8
9 to 12
Food Service Assistant
0 to 2
3 to 5
6 to 8
9 to 12
Food Service Specialist
0 to 2
3 to 5
6 to 8
9 to 12
Wage Rate Scale
Food Service Manager
0 to 2
3 to 5
6 to 8
9 to 12
0 to 2
3 to 5
6 to 8
9 to 12
Licensed Practical Nurses
0 to 2
3 to 5
6 to 8
9 to 12
Side Agreement A
A. Pat Decoster, and Carolyn Ames shall continue to receive full-time insurance benefits as long as each of them continues to work at least 25 hours per week as a custodian or Head Custodian.
RSU #16 Board of Directors By:
RSU #16 Education Association,
for the Teacher Unit By:
Side Agreement B
Bonnie Whittier, David Luna, Carolyn Ames and Gerald Pray shall continue to receive three (3) weeks of vacation per year as long as each of them continues to serve as a full-time custodian or Head Custodian in this unit.