ARTICLE V  

LABOR-MANAGEMENT COMMITTEE  

Section 51  
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 It is mutually agreed that a Labor-Management Committee be established comprised of three (3) representatives from the CSEA Unit and three (3) representatives designated by the School District to meet periodically to discuss and resolve matters of mutual interest.

ARTICLE VI  

GRIEVANCE PROCEDURE  

Section 61  
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Right of Grievance  

Every employee in the Negotiating Unit shall have the right to present his or her grievance in accordance with the procedures established in this Article free from interference, coercion, restraint, discrimination or reprisal.  

Section 62  

Definition of Grievance  

Grievance shall mean any claim by an employee or group of employees in the Negotiating Unit or the Association based upon any event or condition affecting terms and conditions of employment.  

Section 63

Representation  

Throughout all stages, an employee shall be allowed to have a representative designated by CSEA.  

Section 64

  Time Limits  

Since it is important to good relationships that grievances be processed as rapidly as possible, every effort will be made by all parties to expedite the process.  The time limits specified for either party may be extended only by mutual consent.  

Section 65

  Alternative Dispute Resolution Process

 A.        The parties recognize that the traditional grievance process, while an important tool in the administration of the collective bargaining agreement, is not always the most efficient method for the resolution of disputes between management and labor.  The parties shall establish an Alternative Dispute Resolution Process to be employed in non-contractual grievances after prosecution of a grievance through Step 1.  The Alternative Dispute Resolution Process shall not be mandatory in any specific grievance provided, however, that a minimum of twenty-five (25) percent of non-contractual grievance shall be coordinated utilizing the Alternative Dispute Resolution Process.  

B.         The parties shall establish a committee made up of five (5) members appointed by CSEA and five (5) appointed by the Superintendent of Schools.  The District and CSEA will jointly provide training to committee members in alternative dispute resolution strategies and techniques.  The committee shall establish any necessary rules and procedures for its operation.  

Section 66

  Four Step Grievance Procedure  

Grievances shall be handled in a four step procedure.  Following is a list of immediate supervisors, department heads and administrators:  

 Section 67

  Grievance Procedure  

Informal Grievance

An employee who feels that he or she has been aggrieved must first present his or her grievance, within thirty (30) calendar days after the grievance arose, to his or her immediate supervisor identified in Section 66.  The grievance may be stated verbally or in writing.  At this stage there shall be an informal, comprehensive discussion, with the employee, of his or her grievance.  Every attempt shall be made by the employee and his or her supervisor(s) to adjust the grievance at this level.  Once a complaint has been received, the supervisor(s) shall provide a complete review and decision within five (5) working days after receipt of the grievance and notify all interested parties.  

Step 1

A.        If the grievance is not adjusted at the Informal Grievance level, the complainant may take the grievance to the department head(s), as listed in Section 66, within five (5) working days after the decision under the Informal Grievance Procedure.  The complainant must set forth the grievance fully, in writing.  The statement must be signed by the grievant and filed with the department head(s).  

B.         The department head(s) shall make a complete investigation of all matters relating to the complaint.  All parties involved shall cooperate fully with the investigation and shall work for a satisfactory solution.  The decision of the department head(s) shall be given, in writing, not more than ten (10) working days from the filing of the written complaint with him or her.  Copies of the decision shall be given to all parties, including the grievant and the CSEA President.  If at any time during the process the supervisor determines that the grievance requires a decision beyond the scope and authority of his or her position, he or she shall immediately forward the grievance to the next level for action and so advise the grievant.  

Step 2

A.        If the grievance is not adjusted at Step 1, the grievant may take the grievance to the administrator, as listed in Section 66, within five (5) working days after the decision under Step 1.  

B.         The administrator shall make a complete investigation of all matters relating to the complaint.  All parties shall cooperate fully with the investigation and shall work for a satisfactory solution.  The administrator’s decision shall be given, in writing, not more than ten (10) working days from the filing of the written complaint with him/her.  Copies of the decision shall be given to all parties, including the grievant and the CSEA President.  

Step 3

A.        If the grievance is not adjusted at Step 2, the grievant may take the grievance to the Superintendent of Schools level within five (5) working days after the decision under Step 2.  The statement must be signed by the grievant and filed with the Superintendent of Schools.  

B.         If a grievance alleges a violation of a provision of this contract or a violation of law, the grievance shall be heard at Step 3 by a designee of the Superintendent of Schools.  In all other cases, the grievance shall be heard by the Superintendent of Schools, unless the parties mutually consent to the appointment of a designee.   

C.        The Superintendent of Schools, or his or her designee, as the case may be, shall make a complete investigation of all matters relating to the complaint.  All parties involved shall cooperate fully with the investigation and shall work for a satisfactory solution.  The decision at Step 3 shall be given, in writing, not more than ten (10) working days from the filing of the written complaint with him or her.  Copies of the decision shall be given to all parties including the grievant and the CSEA President.  

Step 4

A.        Non-Contract Grievance

A decision of the Superintendent of Schools may be reviewed by the Board of Education at the request of the grievant.  This action must be started within ten (10) working days of the date of the decision under Step 3 or twenty (20) working days after presentation of the grievance under Step 3, whichever is sooner.  The grievant must file a written request for an appeal with the Clerk of the Board of Education, who shall bring the matter to the attention of the Board of Education at its next meeting.  The official grievance record maintained by the Superintendent of Schools shall be available for use by the Board of Education.  At its next meeting after receipt of an appeal, the Board of Education shall hold a hearing on the grievance.  The hearing shall be conducted in Executive Session.  Within ten (10) working days after the conclusion of the hearing, the Board of Education shall render a decision, in writing, on the grievance and forward it to the grievant and his/her representative.  

B.         Contract Grievance

1.         If the aggrieved party is not satisfied with the decision at Step 3, and if the grievance involves a question concerning the interpretation or meaning of the Agreement, CSEA may file a further appeal within fifteen (15) days after receiving the decision at Step 3 by filing a written demand for arbitration in accordance with the rules of the Public Employment Relations Board (PERB).  A copy of the demand for arbitration shall simultaneously be served upon the Superintendent of Schools.  

2.         The parties agree to establish a panel of arbitrators.  This panel will be selected by mutual agreement, and the parties agree to review the panel annually.  

3.         PERB shall make an effort to make the selection based upon first availability and a need to rotate cases among the members of the panel.  This panel may be amended by mutual consent.  

4.         The arbitrator so selected will hold hearings promptly at the District or at some other mutually acceptable place and will issue a decision not later than twenty (20) days from the date of the close of the hearings, or if oral closing arguments have been waived, then from the date of the parties’ post-hearing briefs.  

5.         The decision of the arbitrator shall be in writing and will set forth his or her findings of fact, reasoning and conclusions on the issues submitted.  The arbitrator will be without power or authority to make any decision which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement.  

6.         The arbitrator’s decision shall be binding upon the parties, subject to appeal in accordance with the terms of CPLR 7510 and 7511.   

7.         The cost of the service of the arbitrator including per diem expenses, if any, and actual and necessary travel and subsistence expenses, will be borne equally by the District and CSEA.  

8.         Awards may not be retroactive beyond the date the grievance was filed or beyond the date the employee became or should have become aware of the grievance, except when the grievance involves cash pay earned but not received.

ARTICLE VII  

NEGOTIATING PROCEDURES  

Section 71
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Negotiating Teams  

The Board, or designated representatives of the Bojjj(hereinafter referred to as Board Negotiators), will meet with representatives designated by the Unit (hereinafter referred to as Unit Negotiators), for the purpose of discussion and reaching mutually satisfactory agreements.  Neither party in any negotiations shall have any control over the selection of the representatives of the other party and each party may select its representatives from within or outside the School District .  While no final agreement shall be executed without ratification by the Shenendehowa Unit, Superintendent and the Board, the parties mutually pledge that their representatives will have the necessary power and authority to make proposals, consider proposals and reach tentative compromise in the course of negotiations.  

Section 72  

Meetings  

Upon a request of either party for a meeting to open negotiations, a mutually acceptable meeting date shall be set not more than ten (10) days following such request.  All issues proposed for discussion shall be submitted, in writing, by the Unit and the Board Negotiators at the first meeting.  An additional two (2) week period will be provided within which either party may submit additional issues upon which it wishes to negotiate.  

Section 73  

Negotiation Procedures  

The Board Negotiators will meet at such mutually agreed upon places and times with the Unit Negotiators for the purpose of effecting a free exchange of facts, opinions, proposals and counterproposals in an effort to reach mutual understanding and agreement.  Both parties agree to conduct such negotiations in good faith and to deal openly and fairly with each other on all matters.  Following the initial meetings described in Section 72, such additional meetings shall be held as the parties may require to reach an understanding on the issues or until an impasse is reached.  

Section 74  

Exchange of Information  

Both parties shall furnish each other, upon reasonable request, all available information pertinent to the issue(s) under consideration.    

Section 75  

Reaching Agreement  

When a tentative agreement is reached by the negotiators for both parties, then such agreement shall be initialed by such negotiators and shall be submitted by the Unit Negotiators with their recommendation for approval to its membership for approval.  

Section 76  

Impasse  

An impasse in negotiations shall occur if the parties concur that they are at an impasse or if they have failed to reach agreement on all items under negotiation.  In the event of an impasse, both parties, or either party, may request assistance from the Public Employment Relations Board pursuant to its Rules.  

ARTICLE VIII  

GENERAL WORKING CONDITIONS  

Section 81  

Payment of Salary and Wages  

A.        The Board and the Unit agree that all requests made to the Business Office regarding payroll must be in writing.    In turn, the answer to such requests will also be made in writing.  Personal conferences with the Business Office may be arranged at mutually convenient times.  

B.         Paychecks will be available bi-weekly in accordance with published non-instructional pay dates.  Paychecks will be available the last working day prior to any scheduled vacation or holiday period when possible.  Employees may request vacation pay by notifying the Business Office, in writing, two (2) weeks prior to the next scheduled payroll date.  

C.        All ten month employees will be eligible for base pay immediately.  

D.        All ten month employees must be paid on a twenty-two (22) paycheck salary.  

E.         Any employee whose available sick leave is reduced to five (5) days will automatically be placed on an hourly rate schedule for the balance of the school year.  

F.         Physical Examination

Should a physical examination be required by the District, the expense of such examination shall be borne by the District if the examination is conducted by a District designated physician.  The employee reserves the right to be examined by a physician at his/her expense.  The results of the examination shall be submitted to the School District physician.

 G.        Loss of Electricity, Heat or Water

1.         If the electricity, heat or water is off in any building during the regular working hours for a period of time equal to a half day, all non-instructional staff in that building shall be released or assigned to another location temporarily, without loss of pay, except those working to rectify the condition.  This section shall only apply when students are not in attendance.  

2.         After students and teaching staff leave the building, all ten month staff will be allowed to leave at the discretion of the building principal.  

3.         All twelve month staff will be required to stay.  

H.        The District acknowledges its responsibility to make reasonable accommodations for physical limitations that an employee may have when making assignments within a job title.  

I.          An employee who has any physical limitation(s) will promptly notify the Assistant Superintendent for Human Resources and provide any available medical documentation.  The Assistant Superintendent for Human Resources may require additional medical evaluations prior to making a determination.  

J.         The Assistant Superintendent for Human Resources, after discussion with the employee and his/her union representative, will determine what reasonable accommodation(s) will be made, if any.  

K.         If an assignment is made which the employee believes does not comply with the accommodations previously agreed to, he/she shall inform his/her immediate supervisor.  In the event of any disagreement concerning such accommodations, the Assistant Superintendent for Human Resources shall determine whether a particular work assignment is appropriate.  

L.         The parties acknowledge that the employer is not required to assign an employee to work in another job title as a result of any employee’s illness or injury.  

Section 82  

Agency Shop  

A.        The employer shall deduct from the wages of employees and remit to the CSEA, Inc., a single amount over a period of time reflecting membership dues and payments for CSEA insurance programs for those employees who signed authorization cards permitting such payroll deductions.  Employees, on a fifteen (15) day notice, may withdraw such authorization, with the exception of membership dues.  

B.         All employees who are not members of the CSEA, Inc. shall have an amount equivalent to dues levied by said employee organization, so called “Agency Shop Fee”, deducted and transmitted to Civil Service Employees Association, Inc.  

C.        CSEA will provide, at the request of the non-member paying the agency fee, a specific accounting of that portion of the individual’s fee that is used in the collective bargaining process and that portion which promotes activities of the CSEA which only incidentally relate to terms and conditions of employment.  

Section 83

    Workweek  

A.        The normal workweek shall be Monday through Friday.  However, the School District reserves to itself the right to have a workweek that will start other than Monday and end other than on Friday.  In such event, the School District administrators will consult with the employees affected, or if they wish, a representative of the CSEA, and endeavor to work out a mutually satisfactory schedule.  Information concerning positions for a workweek other than Monday through Friday shall be posted on the bulletin boards referred to in Article IV, Section 42.  

B.                  Summer Hours

In the period between July 1^st and August 15^th, upon the unanimous agreement of the affected employees, the affected administrator, the CSEA Unit President and the Assistant Superintendent for Human Resources, arrangements may be made to establish a four (4) day, ten (10) hour per day workweek in lieu of a five (5) day, eight (8) hour per day workweek.  Such arrangements shall ensure that there be full coverage from Monday through Friday and that required work can be performed during the revised workweek.  

Section 84  

In the computation of the forty (40) hour regular workweek for overtime pay purposes, all leaves shall be counted as a day of work.  (Only bus drivers are exempt from this section, per Memo of Agreement dated June 9, 1987 ).

Section 85  

Premium Pay for Holiday Work  

All work performed on a legal holiday shall be paid at the rate of one and one-half (1 ½) times the employee’s regular rate, plus the employee’s regular compensation for working on that day.  Legal holidays are defined in Article IX, Section 91.  Required work on New Years Day, Thanksgiving and Christmas Day shall be paid at the rate of two (2) times the employee’s regular pay, plus his or her regular pay.  

Section 86

Premium Pay for Overtime Work  

All authorized work in excess of a regular workday of eight (8) hours shall be paid at the rate of one and one-half (1 ½) times the employee’s regular hourly rate.   

Section 87

Overtime Assignment – Rotation  

All overtime work shall be offered to employees in a department or building based upon the skills needed to perform the work.  The rotation system will start with the most senior person followed to the lowest senior person.  If declined, then such work may be offered to other employees in that title on a rotating basis.  The overtime record will be maintained in the employee’s department office and may be reviewed by the employee and the CSEA Grievance Chairperson, upon request.  The Director of Finance, or designee, may declare an emergency and require an employee to be recalled or to remain at work.  

Section 88

Seniority, Advancement on Salary Schedule  

A.        If an employee is employed on or before January 1^st, the individual will be advanced in the salary schedule one step the following July 1^st.  

B.         Employee seniority shall be computed from the first day the employee commences employment in any position within the Negotiating Unit.  In the event employees start on the same date, seniority shall be computed from the day the employee signs an acceptance of employment.  In the event employees sign an acceptance on the same day, seniority shall be computed based on the last four (4) digits of the employees’ social security numbers (highest is most senior).   

C.        In the event of a district-wide layoff, layoffs should be administered on a seniority basis within positions; i.e., the most recently hired employee shall be laid off first.  Bumping rights based on previous seniority in other positions shall prevail.  

D.        Salary Upon Transfer

1.         An employee who, at the time of transfer, is on Step 5 of the salary schedule or in the fifth year of service, if there is no schedule, will be placed on Step 5 of the schedule for the category to which the employee transfers unless the employee transfers to a different classification (family).  Family is defined as follows:   

a.)              Clerical

b.)              Bus Drivers

c.)               Bus Mechanics

d.)              Aides/Monitors

e.)               Cleaners/Security

f.)                 Building Maintenance/Groundskeepers

g.)              Nurses

h.)               Food Service

i.)                  Bus Port Attendants

j.)                  Motor Equipment Operator

k.)                School Technologist/Communications Technicians  

2.         It is understood that accrued benefits would be transferred at the time transfer occurs.  

Section 89

Application for Summer Work  

Any employee interested in summer employment or extra hours during the year may file with the Office of Human Resources a written statement by May 1^st of each year in order to be notified of future openings.  Employees shall be personally notified only during July and August.  

Section 90

Call-Back Pay  

A.        An employee who has left his or her regular work assignment and is recalled to work due to an emergency will be guaranteed two (2) hours of employment at a rate of time and one-half.  The continuation of an employee’s shift prior to or following the employee’s regular working hours is not considered a recall situation.  Should this occur, work in excess of a regular workday of eight (8) hours or forty (40) hours per week shall be compensated at an overtime rate.  

B.         Employees who report to work shall be paid two (2) hours inconvenience  pay if the school closing is not announced at least thirty (30) minutes prior to the time the employee is scheduled to report to work.  

ARTICLE IX

HOLIDAYS, VACATION AND LEAVE  

Section 91  
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Holidays

A.        All twelve month employees shall be entitled to the following twelve (12) paid holidays during the term of this contract provided school is not in session:  

Independence Day

Labor Day

Columbus Day

Veteran’s Day

Thanksgiving Day

Friday following Thanksgiving

Christmas Day

New Year’s Day

Martin Luther King’s Birthday

Lincoln’s or Washington’s Birthday

Good Friday

Memorial Day  

B.         All twelve month staff shall be entitled to three (3) additional holidays to be determined.  

C.        In the event that a paid holiday falls within an employee’s scheduled vacation, the employee will be allowed an additional day of vacation or the equivalent in pay at the employer’s option.  

Section 92

Vacation Days

A.        Twelve month full-time employees who are employed prior to January 1^st in any year and are employed by the School District on the July 1^st following shall receive vacation prorated for the number of full months worked for the first year only.  (Employees with an effective appointment date prior to the 15^th day of any month shall receive vacation credits for the full month.  Employees with an effective date after the 15^th of any month shall not receive vacation credits for such month.)   

B.         Vacation shall be prorated for the first and last year.  For years two (2) through six (6), vacation shall be credited in July.  The additional days after the eighth (8^th) year shall be credited on an employee’s anniversary date if the date is after September 30^th.  

C.        Employees who transfer from a ten month position to a twelve month position shall be allowed credit toward paid vacation allowance as follows:  

10/12 x # of years x # of hours/8  

D.        In the event that the vacation allowance for a given year is not entirely used within that year, it may be reserved for use in the following year.  Vacation credits may be accumulated to a maximum of thirty (30) days.  Requests for permission to “carry over” vacation must be filed with the immediate supervisor and referred to the Assistant Superintendent for Human Resources for approval.  Accrued prior year’s vacation of more than thirty (30) days must be used by September 30^th of the second year or it will be lost.  This provision applies to twelve month employees.  

E.         Weekend employees will receive one (1) weekend vacation with pay after twelve (12) months continuous service, two (2) weekends after five (5) years of continuous service and three (3) weekends after ten (10) years of continuous service.  As used in this paragraph “weekend vacation” means Saturday and Sunday for an employee working two (2) days a weekend and Saturday or Sunday for an employee working one (1) day a weekend.  

Section 93

Sick Leave, Personal Business Leave, Bereavement Leave

A.        Any new employee will receive benefits prorated per month until the next July 1^st.  The benefits will start on the effective date of Board of Education appointment.  This section does not apply to vacation.  Thereafter, the annual accrual will be earned on July 1^st.  

For example:           twelve month employee hired on February 1^st.

                                                Sick time = 5 days (one per month)  

                                                *July 1   Sick time = 5 days + 12 days = 17 days

                                                *Assumes no sick time was used  

Employees with an effective appointment date after the 15^th of any month shall not receive credit for that month.  

B.         Twelve month full-time employees, after their first full year of employment, shall be entitled to twelve (12) sick leave days per contract year, an additional four (4) days for personal business and an additional three (3) days for family illness or death of a member of the family other than immediate.  All unused leave may be accumulated as sick leave to a maximum of two hundred forty (240) days.  Leave shall be credited as of July of each year except for those individuals affected by Section 93(G).  

C.        Ten month, full-time employees, after the first full year of employment, shall be entitled to ten (10) sick leave days per contract year, an additional three (3) days for personal business and an additional three (3) days for family illness or the death of a family member other than immediate.  All unused leave may be accumulated as sick leave to a maximum of two hundred forty (240) days.  Leave shall be credited as of July of each year except for those individuals affected by Section 93(G).  

D.        Ten month, part-time drivers, after the first full year of employment, shall be entitled to ten (10) sick leave days per contract year, an additional three (3) days for personal business and an additional three (3) days for family illness or the death of a family member other than immediate.  All unused leave may be accumulated as sick leave to a maximum of two hundred forty (240) days.  Leave shall be credited as of July of each year except for those individuals affected by Section 93(G).

E.         Employees who show a pattern of absenteeism (authorized vacation days excluded) shall be put on written notice and be dealt with through the progressive discipline procedures contained in this Agreement.  A copy of the written notice shall be sent to the CSEA Grievance Chairperson and President.  

F.         Bereavement Leave and Personal Business Leave

1.         Personal Business

a.)       Personal business leave shall be used for only those important business affairs which cannot be conducted outside of regular business hours and shall not be used for such matters as social affairs, shopping, working at another job, athletic affairs, recreation or vacation.  

b.)       Employees shall give five (5) work days notice on a district-approved form prior to taking personal business leave.  Personal business leave shall be granted with less than five (5) days notice only where it was impossible for the employee to give five (5) days notice.  In such cases, the employee shall give as much advance notice as possible, including the reason for the requested personal leave.  

c.)       Personal business leave is not allowed during the first and last week of school, the day before or after a holiday, vacation or recess, nor may personal business leave be taken immediately preceding the effective day of a leave of absence, resignation, termination or retirement without the approval of the Assistant Superintendent for Human Resources.  

2.         Bereavement Leave

All employees shall have available up to four (4) days of paid leave for use in the event of the death of a member of the immediate family or a close relative.  For purposes of said leave, immediate family or close relative includes:  spouse, child, parent, sibling, grandparent, grandchild, in-law and any person who lives in the same household with the employee.  There may be unusual circumstances for which bereavement leave may apply for other relationships not listed.  Such circumstances should be presented to the department head who will discuss with the Assistant Superintendent for Human Resources.  A determination would then be made as to leave time that may be applicable.  There may be unusual circumstances for which bereavement leave may need to be extended beyond the four (4) day period.  (Refer to Section 97 for other leaves).  Any such leave shall be available to the employee for each such death that occurs and will not accumulate.  

G.        Eligibility for Fringe Benefits – Part-Time Employees

To be eligible for any fringe benefits provided for in this Agreement, any new employee hired after July 1, 1981 must be scheduled twenty (20) hours or more per week.  New employees scheduled to work less than twenty (20) hours per week will not be entitled to any benefits available in this contract unless otherwise noted.  This section would not apply to any employees hired prior to June 30, 1981.  Employees who transfer from one position to another or add additional assignments would not be affected.  Worker compensation benefits would not be affected by this section.  

H.        Weekend employees who work two (2) days a week shall receive two (2) leave days for any of the purposes set forth above per school year.  

I.          Weekend employees who work one (1) day a week shall receive one (1) leave day for any of the purposes set forth above per school year.  

J.         Jury Duty – Court Appearances

An employee will be entitled to leave for time necessary for appearance in any legal proceeding connected with the performance of jury duty, or because he/she has been subpoenaed in a legal matter in which he/she is not personally involved.  There will be no loss in pay or reduction in accrued leave.  

Section 94

Consecutive Absences – Doctor’s Statement

In the event that an employee is absent more than three (3) consecutive days during the school year, he/she may be required to provide the district with a doctor’s statement as to the nature of the illness.  The nature of illness is defined as a medical note from a State-licensed physician, who upon examining the patient/employee, indicates the date for return to duty of that patient/employee to his/her assignment within the organization.  

Section 95  

Volunteer Firefighters

There shall not be deducted from the salary of an employee who is a volunteer firefighter any pay for the period of time he/she is engaged in fighting a fire, provided he/she has been called for such duty by the officer in charge of the fire company.  Said employee may be required to return to work to accomplish or finish an assignment when, in the opinion of his/her immediate supervisor, said assignment is of an emergency nature.  The amount of time an employee spends in his/her capacity as a volunteer firefighter shall not be counted when determining those hours which are to be compensated at the overtime rate of one and one-half (1 ½) times the employee’s regular hourly rate.  

Section 96

Child-Rearing Leave  

Employees will be granted childrearing leave upon written application.  Such leave may commence before such expected birth and shall continue for a period not exceeding one (1) year after the birth of the child or other termination of the pregnancy (Re:  Civil Service Rule XIX, paragraph 1).  For probationary employees, such leave shall be an interruption of the probationary period and not in lieu of service in meeting the requirements of serving a probationary period.  An employee will not accumulate additional leave days during such leave or accrue other benefits except as covered by law.  

Section 97

Other Unpaid Leave  

A.        In extraordinary and unanticipated circumstances, leave without pay, not to exceed twenty (20) days in a calendar year, may be granted by the employee’s immediate supervisor with the approval of the Assistant Superintendent for Human Resources.  Extensions of such leaves or requests for leave beyond twenty (20) days shall be granted by the Board of Education, the employee’s supervisor, and the Assistant Superintendent for Human Resources.  

B.         In unusual circumstances, other than those described in paragraph A of this Section, the Board of Education, upon the recommendation of the Superintendent of Schools, may grant an unpaid leave of absence with a maximum duration of one (1) year.  

ARTICLE X  

PENSIONS, INSURANCES AND LONGEVITY  

Section 101  
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Health Insurance

A.        The District shall provide a program of health insurance coverage, including prescription drug coverage.  The District shall pay ninety-one (91) percent of the cost of premium.  The District shall continue to offer both the Blue Cross health insurance program and HMO’s.  

B.         Co-Pays and Deductible

1.         The co-pay amounts for all CDPHP and MVP and any other health insurance programs offered by the District, except the Blue Cross plan, shall be fifteen dollars ($15.00).  The major medical deductibles for the Blue Cross health insurance program shall be two hundred dollars ($200.00) for individuals; four hundred dollars ($400.00) for two-person or family coverage. The lifetime maximum coverage under the Blue Cross program shall be an unlimited amount.  

2.         Co-pay amounts for prescription drug plans shall be five dollars ($5.00) for generic drugs and ten dollars ($10.00) for name brands.  Arrangements will be made to enable employees to order prescription drugs by mail to provide additional savings.  

C.        Premium Cost Sharing – Premium Conversion Plan

1.         The District shall establish and offer to all unit members a voluntary premium conversion plan meeting the requirements of applicable sections of the Internal Revenue Code and related regulations in order that contributions made by members of the unit toward medical insurance premiums may be made through such a plan.  For those individuals choosing to participate in the voluntary premium conversion plan, the premium will be deducted from pre-tax earnings, and, therefore, their net contributions to the plan will be less than the nine (9) percent for health and prescription drug insurance indicated in Article X, Section 101.  In the event that Federal law is changed to no longer allow a premium conversion plan, this provision shall cease to have any force or effect.  

2.         The District will provide a flexible benefits plan, subject to Federal law, which will provide members of the Negotiating Unit with additional tax savings options.  Such benefits will include, but not be limited to, premium conversion, unreimbursed medical costs, child care and elder care.  

D.        Other

Effective July 1, 1994 , a mental health rider will be added to CDPHP.  Any changes in co-pay or deductible amounts pursuant to the Memorandum of Agreement between the parties dated April 27, 1994, shall not adversely affect the other benefits under the health insurance program.  The District shall ensure that health insurance benefits shall be maintained at levels in existence during the 1992-93 school year, except as expressly modified herein.  

E.         Dental Insurance

The District shall continue the CSEA Benefits Fund Sunrise Dental Program, at the composite rate for each employee otherwise eligible for health insurance benefits pursuant to this Agreement.  Not withstanding the provisions of Section 93(G) of this Agreement, those employees who are employed for three (3) hours a day, but less than four (4) hours a day, shall be eligible for individual coverage under the plan.  Said employee may obtain family coverage at his/her own expense, with the District contributing that portion of premium equal to the cost of individual coverage.  Effective as soon as possible after July 1, 2005 , the District shall adopt the Horizon Plan option under such dental program.  

F.         Extension of Benefits

All health and insurance benefits shall be continued by the District for a period of sixty (60) days for all employees who have exhausted accruals due to disability and/or worker’s compensation.  

G.        Health Insurance Buy-Out

1.         An employee who was enrolled in the District’s health insurance plan on June 1, 2001 , and who has proof of alternate health insurance coverage, shall have the option of withdrawing from the District’s health insurance plan or electing a different coverage option.  Such employee shall execute any and all documents necessary to effect such withdrawal or change of option.  In the event of such withdrawal or change of coverage option, the District shall pay to such employee, annually, within thirty (30) days following the next December 31^st, the following sums based upon the benefits the employee received as of such June 1^st:  

2.         In the event an employee who has elected withdrawal or selected a different coverage option leaves District employment or re-enters the plan following a qualifying event before the end of the year, the District will pay, within thirty (30) days following December 31^st, a pro rata portion of the amount specified above G(1).  

3.         In case of such withdrawal or change of option, the District shall no longer be required to contribute towards the cost of such insurance for the balance of the year or, in the case of a change in coverage option, to pay the amount required for the original option the employee had selected.  

4.         An employee, having withdrawn or declined coverage, may rejoin the plan if he or she is no longer to be covered by such alternate health insurance coverage in accordance with the rules, regulations and procedures of the District’s insurance carriers.  Such conditions now include the death of a spouse or some other qualifying event.  

Section 102  

Prescription Safety Work Glasses  

The District shall reimburse the reasonable cost of ANSI certified prescription safety glasses required for use by auto repairers, building maintenance mechanics and groundskeepers.  Reimbursement is provided for single focus or bi-focal lenses in a standard frame.  Tri-focal or other multi-focus lenses shall be reimbursed only upon a showing of medical necessity to comply with the Americans with Disabilities Act.  

Section 103  

Workers’ Compensation  

I n the case of injury on the job where the employee is eligible for compensation insurance:  

A.                The School District will pay full regular salary for the period of the injury to the extent of the accumulated sick leave of the injured employee.  

B.                  Workers’ Compensation benefits will be payable to the School District while the injured employee receives his/her regular pay.  

C.                The injured employee’s sick leave will be reinstated based upon the ratio of Workers’ Compensation payments to the employee’s total regular salary paid during the period of lost time due to injury.  

D.                Injured employees are allowed to attend Workers’ Compensation hearings pertaining to their case at no loss in pay or reduction in accumulated leave credits.  

Section 104

Disability Insurance  

A.        All eligible employees in the bargaining unit shall be covered by a short-term disability plan.  The cost of the plan will be shared on a 50-50 basis.  Employees will be eligible to collect fifty (50) percent of their average weekly wage not to exceed the maximum allowed under the New York State Disability Benefits Law for a maximum period of twenty-six (26) weeks.  Each disability would start another twenty-six (26) week period.  

B.         Employees have a choice of two (2) options.  

C.        While on disability, an employee will be continued on School District health insurance during the period of the disability.  The School District would continue to contribute its share and the employee would contribute the required share.  

D.        Eligible employees will have coverage from July 1^st through June 30^th.  Eligible ten month employees who become disabled during July or August may only choose direct disability (Option II).  

E.         Information concerning time limits, employee’s options, coordination with sick leave and continuation of health insurance is available from the office of the Assistant Superintendent for Human Resources.  

Section 105

Term Life Insurance  

The District shall pay one hundred (100) percent of the individual employee’s cost of the term insurance premium for a policy which will be equivalent to one-half (1/2) of an individual’s annual salary.  

Section 106  

Retirement Benefits  

A.        The District has agreed to provide the following benefits pursuant to the New York Retirement and Social Security Law (NYRSSL) which is administered by the New York State and Local Employees Retirement System.  (Note:  The benefits an employee is eligible to receive vary depending on which “Tier” he/she are in.  This is determined by the date that the employee last joined the Retirement System).  

B.         The retirement benefit for Tier I and Tier II members is the Improved Career Retirement Plan (Section 751 NYRSSL).  

C.        Tier III and Tier IV employees are eligible for retirement plan benefits established by law.  

D.        Accumulated sick leave up to one hundred sixty-five (165) days may be applied as additional service credit to retirement on a calendar day basis.  This section covers all four (4) Tiers in the Retirement System (Section 41j NYRSSL).  

E.         A guaranteed death benefit prior to retirement.  All four (4) Tiers are different (60b NYRSSL).  

F.         Detailed information is available from the New York State and Local Retirement System.  

G.        Health Insurance for Retirees

1.         Effective July 1, 2005 , in the event a full-time employee has worked for the District a minimum of:  

2.         An employee who meets the above service criteria will be eligible for continuation in the District health insurance program with the District’s contribution based on the above percentages.  

3.         An employee who was enrolled in the District’s health insurance plan on the date of retirement, who has health insurance coverage from another source, and who does not elect to continue participation in the District’s plan immediately upon retirement may rejoin such plan at a later date in the event he or she loses such alternate insurance coverage, under conditions acceptable to the District’s then health insurance carrier.  Such conditions now include the death of a spouse or some other qualifying event.  

H.        Payment Upon Retirement

In the event a full-time employee [defined as six (6) hours or more per day] has worked for the District a minimum of fifteen (15) years [ten (10) of which have been at full-time] on the effective date of retirement, the employee shall be eligible for thirty-five (35) days pay at the then current daily rate for that employee, provided that the employee has provided four (4) months’ written notice to the Assistant Superintendent for Human Resources of his/her retirement.  

Section 107

Longevity  

A.        Full-time employees [defined as six (6) or more hours per day], after rendering continuous and satisfactory service, shall be paid a longevity payment as follows:  

B.         Effective July 1, 2006 , July 1, 2007 and July 1, 2008 , each of the above longevity payments will be increased by twenty-five ($25.00) dollars.  

C.        Employees shall receive longevity payments after rendering continuous and satisfactory service based on the chart above, and the criteria listed below:  

D.        Longevity payments shall be made during the month of the employee’s anniversary date.  Employees who resign or retire after June 30^th, but before their anniversary date, will receive earned longevity payments with their final paycheck.  

Section 108

Mileage Reimbursement

Mileage will be paid to all staff, based upon Federal Internal Revenue Service rates, who are directed by their supervisor to use their personal vehicles for school business to off-campus locations in accordance with Board of Education policy.  

Section 109  

Salary Schedule  

All employees with classification covered by this Agreement will be paid in accordance with the salary schedule listed at the end of the contract and only be eligible for the same fringe benefits for either twelve or ten month employees.  The School District will endeavor whenever possible to place a new employee at Step 1.  

ARTICLE XI

CLERICAL  

Section 111
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Working Hours

  Twelve and ten month clerical employees only.  

A.        Regular eight (8) working hours daily, plus one-half (1/2) hour for lunch.  

B.         Summer

July 1^st through August 31^st:  Seven (7) working hours, plus one-half (1/2) hour for lunch.  

C.        Student Vacation Periods and Holidays

Six and one-half (6 ½) working hours, plus one-half (1/2) hour for lunch.  This provision does not apply to days when school is closed for inclement weather.  

D.        Coffee Break

A fifteen (15) minute coffee break will be available once in the morning and once in the afternoon.  

E.         Hourly Rates

Hourly rates for twelve month employees are established in the salary schedule.  Hourly rates for ten month employees shall be established by dividing the annual wage by 1520 hours for 190 days.  Seven (7) hour clerical employees shall be established at 1330 hours for 190 days.  All ten month clerical employees work 180 days.  

F.         Emergency Days

It is understood that all twelve month employees will report to work on emergency days.  Clerical hours shall be 8:30 a.m. to 3:30 p.m.  Any twelve month employee who works less than the specified hours on an emergency day must charge the time not worked to that employee’s personal leave or accrued vacation time.  In the event that an employee has no vacation time available, such time shall be charged against the individual’s personal leave.  

G.        Hours for Library and Faculty Typists

All individuals employed as library or faculty typists in the School District will work a seven (7) hour day, exclusive of lunch, except the middle schools’ library typists.  

Section 112  

Provisional Appointments  

A.        The School District agrees to follow Rule XVI, Number 2, of the Saratoga County Rules and Regulations for the Classified Civil Service of Saratoga County.  

B.         The above Rule pertains to the provisional appointment of a permanent employee when such permanent employee fails to qualify for a permanent appointment.  The Rule provides that the vacant position be filled on a temporary basis only pending his/her reinstatement or permanent appointment.  

Section 113

Reclassification of Position  

If an employee holds a permanent appointment and the position is reclassified downward by the Saratoga County Civil Service Commission, the employee will continue to be paid his/her previous salary rate for the duration of the contract, as long as said employee holds this position.  If a position is reclassified upward by the Saratoga County Civil Service Commission, the employee will receive the new rate of pay for the reclassified position and will not be required to serve a probationary period or to obtain the results of Civil Service tests prior to receiving such compensation.  

Section 114

Clerical Titles/Labor Management  

During the term of the Agreement, the Labor-Management forum is an appropriate resource to evaluate substantial modifications of responsibilities for bargaining unit titles.  The parties retain the right to adjust the title and rate of compensation for positions the parties mutually agree warrant consideration following justification.  This modification in salary adjustment would be executed upon the mutual consent of the duly authorized management and labor representatives.  

Section 115  

Clerical pay groups are identified in Appendix B.  

Section 116  

Clerical and Library Aide Study  

Prior to December 1, 2005 the Labor Management Committee shall select an outside consultant to undertake a study of the pay groups to which clerical employees and library aides have been assigned and the impact of changing such pay groups upon other members of the Negotiating Unit. It is contemplated that the consultant selected by the Committee will complete his or her study and report his or her conclusions within six (6) months.  Within two (2) months after receiving the report, either the District or CSEA may seek to reopen this Agreement solely for the purpose of considering the recommendations of the consultant, the costs of complying with such recommendations and the method of implementation of the recommendations and financing such costs.  

ARTICLE XII  

NURSES  

Section 121
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Work Year  

All nurses will work eight (8) hours a day [including a one-half (1/2) hour lunch] for 180 days during the school year.  

Section 122  

Annual Review of Student Records  

Each school nurse shall be required to work four (4) extra days, with pay, prior to or on orientation day for the purpose of screening, reviewing, and assessing student health records.  The decision as to when the school nurse shall work these extra days shall be made administratively by the Deputy Superintendent for Curriculum, Instruction, Support & Accountability in conjunction with the appropriate building principal.  

Section 123  

Kindergarten Registration and Physicals -

Premium Compensation  

A nurse may be requested to work after his/her normal work hours to assist with kindergarten registration and physicals (for example, cafeteria workers, bus drivers and interscholastic sports – fall, winter and spring).  The nurse will be paid one and one-half (1 ½) times his/her hourly rate for all hours worked in excess of his/her regular work day.  The hourly rates will be computed by dividing annual compensation by 1520 hours.  A nurse will be paid one and one-half (1 ½) times his or her hourly rate for all hours worked in performing sports clearances in the summer.  

Section 124

Premium Compensation  

If a nurse receives authorization from his or her building principal to return to work after his or her regular work day, he or she shall be paid one and one-half (1 ½) times the hourly rate, except for those meetings stated in Section 126.  

Section 125

I n-Service Programs

Each school nurse shall be provided five (5) days during the course of the regular school year to attend workshops and/or in-service programs without loss of pay and with prior approval of the building principal and the Deputy Superintendent for Curriculum, Instruction, Support & Accountability or his/her designee.  

Section 126  

Meetings  

The District has the authority to call a minimum of ten (10) meetings a year of registered nurses after the end of the regular work day (without additional remuneration provided).  

Section 127

Call-In Pay  

When a school nurse has returned home after the completion of his or her normal work day and is recalled to work, the nurse will be paid a minimum of two (2) hours at time and one-half (1 ½) pay.  

Section 128

Additional Stipends  

The District will provide a stipend for the following positions:  

The above compensation rates will be adjusted annually, based upon the annual percentage rate of salary increase as agreed by the parties.   

ARTICLE XIII  

CLEANERS, MAINTENANCE, AUTO REPAIRERS, GROUNDSKEEPERS, SECURITY AND

SCHOOL TECHNOLOGIST/COMMUNICATIONS TECHNICIAN  

Section 131  
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Cleaners  

A.        Cleaners will be reimbursed up to sixty dollars ($60.00) for the purchase of slip resistant work boots.  

B.         Cleaners will be reimbursed up to two hundred dollars ($200.00) for the purchase of slip resistant work boots, shirts and other clothing.  The shirt shall be worn at all times when the Cleaner is on duty except for summer cleaning.  The District shall establish the specifications for the shirts which shall contain a District logo.  

C.        Head Night Cleaners shall be paid on the appropriate step of the Cleaner salary schedule increased one dollar ($1.00) per hour.  

D.        Any employee who works as a replacement for a supervisor shall be paid the Head Night Cleaner differential above his or her regular rate at the completion of the first eight (8) consecutive hours.   

E.         A Head Night Cleaner who works as a replacement for a day Custodian shall be paid a one dollar ($1.00) per hour differential above his or her regular rate of compensation.  

F.         A fifteen (15) minute coffee break will be available once every four (4) hours.  

G.        All overtime work shall be offered to employees in a building based upon the skills needed to perform the work.  The rotation system will start with the most senior person followed, in turn, to the least senior person.  

H.        If there is not a sufficient number of Cleaners in the building to perform the overtime, the overtime shall be offered to the employees on a list of trained Cleaners who have indicated a desire to perform overtime work in the building, in order of seniority.  If all the employees on the list decline the offer, the District may make arrangements for the overtime to be performed by other District personnel.  A Cleaner on a building list who has received training and who declines overtime work three (3) times shall be removed from that list and shall not be called thereafter for the remainder of that school year.  

I.          The overtime record will be maintained in the employees’ department office and may be reviewed by the employee and the CSEA Grievance Chairperson, upon request.  The Director of Finance, or his or her designee, may declare an emergency and require an employee to be recalled or to remain at work.   

J.         A Cleaner may voluntarily remove his or her name from the list on a temporary basis by notifying management, in writing.  

Section 132

Building Maintenance  

A.        Clothing Allowance

The School District will reimburse up to three hundred dollars ($300.00) per personnel.  The employee is responsible for maintaining the clothing in a proper condition.  

B.         Second Shift

1.         The CSEA agrees that the District retains the prerogative to create a second shift.  The hours for such a second shift in the maintenance department shall be 2:00 p.m. to 10:30 p.m.  

2.         A Crew Chief position on the second shift will be established in conformity with Section 42 of this Agreement and compensated at a differential of two dollars ($2.00) per hour with no paid lunch.  

3.         The two (2) additional positions on the second shift shall receive an additional one dollar ($1.00) per hour with no paid lunch.  

4.         Maintenance department personnel shall not be reassigned from their regular work shift assignment; however, based on demonstrated need, the District may request voluntary temporary shift reassignment with reasonable prior notice to the effected employees.  Said requests shall not be for the purpose of avoiding overtime pay.  

C.        Coffee Break

A fifteen (15) minute coffee break will be available once every four (4) hours.  

D.        The District shall reimburse the cost for the expenses incurred through compliance with State Mandated Drivers Certification of authorized maintenance personnel with prior approval of the Director of Facilities.   

Section 133  

Automotive Repairers  

A.        Uniforms

The District shall implement a mandatory uniform program for automotive repairers.  The District shall provide eleven (11) shirts and eleven (11) pants and two (2) jackets (dark blue) for each covered employee.  In addition, the District shall provide each employee, on an annual basis, with a pair of OSHA-approved, safety-toe safety shoes.  The selection of the safety shoes and the vendor will be jointly decided by a representative of the administration and a representative of the Association.  Both representatives will work primarily within the Transportation Department.  In the event of unusual wear or damage due to work-related activities, the District will make arrangements to replace the safety shoes in a timely manner.  Both the uniforms and safety shoes referred to in this section will be worn on the job.  

B.         Senior Auto Mechanic Differential

1.         Senior Auto Mechanic shall be paid on the appropriate step to the Auto Repairer salary schedule increased by two dollars ($2.00) per hour.  

2.         Any employee who works as a replacement for a supervisor shall be paid the Senior Auto Mechanic differential above his/her regular hourly rate at the completion of the first eight (8) consecutive hours.  

C.        Time Clock

This provision shall apply exclusively to employees directly engaged in the repair and maintenance of vehicles at the District bus garage work location, and establishes no precedent for future application to any other bargaining unit personnel.  The District shall install and operate a time clock in the bus garage for the specific purpose of mechanically recording the time spent on repairs to individual vehicles, both District owned and others.  The District recognizes that an appropriate amount of time is necessary to orient and implement time clock procedures for impacted employees and shall not institute disciplinary action, except for intentional disregard of time clock recording guidelines, for the first six (6) months following implementation.  The time clock shall not be used by other employees, nor shall the time clock be used for any other purpose than recording the time spent on vehicle repair.  

D.        Coffee Break

A fifteen (15) minute coffee break will be available once every four (4) hours.  

E.         The District shall assume the cost for expenses incurred through compliance with State Mandated Drivers Certification of authorized auto repairer personnel with prior approval of the Director of Transportation.  

F.         The District will reimburse up to three hundred dollars ($300.00) per year to replace and upgrade tools required for the performance of the job responsibilities of auto repairers who provide their own tools.  The list of tools required for the performance of duties shall be discussed in the Labor Management Committee and may be amended from time to time, as specified in a side letter between the parties.  

Section 134

Groundskeepers  

A.        The District will reimburse up to three hundred dollars ($300.00) per year to purchase work clothing and shoes for groundskeepers.  The employee is responsible for maintaining the clothing in proper condition.  

B.         Coffee Break

A fifteen (15) minute coffee break will be available once every four (4) hours.  

C.        The District shall assume the cost for expenses incurred through compliance with State Mandated Drivers Certification of authorized grounds personnel with prior approval of the Director of Facilities.  

Section 135

Security  

A.        Crew Chief Differential

The Security Crew Chief shall be paid on the appropriate step of the Security salary schedule, increased one dollar ($1.00) per hour.  Any employee who works as a replacement for a supervisor shall be paid the Security Crew Chief differential above his or her regular rate at the completion of the first eight (8) consecutive hours.   

B.         Coffee Break

A fifteen (15) minute coffee break will be available once every four (4) hours.  

C.        Training Courses

The District will reimburse members of the security staff for participating in any training courses required by the District.  

D.        Clothing Allowance

The District will provide a complete uniform to members of the security staff appointed by the Board of Education and reimburse up to three hundred dollars ($300.00) per year for replacement.  The form of uniforms will be prescribed by the District.  The employee is responsible for maintaining the clothing in a proper condition.  

Section 136  

School Technologist/Communications Technician  

A fifteen (15) minute coffee break will be available once every four (4) hours.  

ARTICLE XIV  

BUS DRIVERS  
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(Full-Time, Regular Part-Time, Station Wagon,

 School Bus Monitors and Bus Port Attendants)  

Section 141

Base Pay  

A.        A regular part-time bus driver’s salary shall be computed on base salary.  The applicable hourly rate times the number of hours worked times 180 days shall be computed to determine an individual driver’s pay.  

 B.        Additional Pay in Lieu of Holiday Pay

Drivers will also be paid an amount equivalent to ten (10) additional days of driving.  Drivers will receive this amount in a separate check in June.  Drivers appointed for less than a full year will have these additional days prorated.  

C.        180 Day Work Year/Bus Washing

1.         Drivers will be guaranteed 180 days per school year.  

2.         However, if the number of days required does not require 180 days driving, drivers will be required to use one (1) day to wash and clean their assigned buses.  If the time required to clean and wash exceeds the blocks to be paid, the driver will be paid the extra time at Step 1 of the Cleaners schedule.  

3.         If a driver does not elect to clean and wash his or her assigned bus, the driver will not be paid for 180 days.  This time will be used by the Transportation Department to assign other drivers to clean and wash buses during July and August.  A maximum of one (1) day would be deducted (180 – 1 = 179 days).  

4.         Drivers shall be eligible for additional pay at their base hourly rate for attendance at mandatory meetings scheduled by the District.  

5.         Drivers shall be paid for participation in meetings with parents concerning student discipline, unless such meeting occurs during otherwise paid work time.  

Section 142

Dry Runs, Outline Preparation  

A.        All drivers shall make a dry run of the route to which they are assigned prior to the opening of school at their driving rate, not to exceed the maximum block of time assigned to that route.  

B.         Drivers who prepare a written outline, or substantially revise an outline, shall be paid an additional one-half (1/2) hour pay for the preparation of each route outline per run.  In the event an employee has a fifteen (15) minute or more layover between runs, he or she will only be granted an additional fifteen (15) minutes pay for the preparation of that particular bus route outline.  All drivers shall be paid for each additional route outline at any time of the year at the request of the Director of Transportation.  This language shall not be interpreted to apply to updating route outlines.  

Section 143

Sick Leave  

Sick leave for all drivers shall be based on original runs as of September of each school year.  If runs are adjusted, there will be an adjustment in sick leave.  

Section 144  

Commercial Drivers License  

All transportation personnel required to drive a school bus or station wagon shall possess a class “B” license with “P” endorsement and a Commercial Drivers License (CDL).  

Section 145

Laws and Regulations  

Drivers shall be required to comply with all provisions of the regulations issued pursuant to Article 19A and Commercial Drivers License (CDL) of the New York State Vehicle and Traffic Law, Section 3624 of the Education Law and Part 156.3 of the Regulations of the Commissioner of Education.  

Section 146

Seniority  

A.        Drivers, School Bus Monitors and Bus Port Attendants shall have their seniority commence at the time that they are given a permanent block as awarded by the Director of Transportation.  

B.         There shall be three (3) seniority lists:  

1.                  Part-time, full-time Drivers and station wagon Drivers.

2.                  School Bus Monitors

3.                  Bus Port Attendant  

C.        Any driver who changes from part-time to full-time or full-time to part-time shall take with him or her any and all seniority rights said person has accrued; that is, persons who change positions will be inserted on the list where their seniority places them.  

D.        All full-time drivers employed as of September 1, 1974 shall not be reduced until all subsequent full-time drivers, regardless of seniority, are laid off first.  

Section 147

Physical Examinations  

All drivers are required to complete an annual physical examination.  This is the minimum requirement and, if the driver has a particular physical problem (diabetic, etc.) he or she, pursuant to law, may be required to have a physical examination every six (6) months.  All transportation employees who require a physical to meet the New York State Education Law and New York Vehicle and Traffic Law will have a physical in a timely manner.  In order to accomplish this task, the following procedures will apply:  

A.                Physicals will be conducted during the last two (2) full weeks in August.

B.                  A listing of appointment days and times in August will be posted on the bulletin board for employees to sign.  This will be posted for the entire last full week of school.  

C.                If an employee does not sign the appointment posting in June, the employee will be solely responsible to call and schedule an appointment so that he or she complies with the August time-frame.  It is understood that scheduling problems will be worked out between the physician’s office and the employee.  If a serious appointment/schedule problem should arise because the physician and the employee cannot agree on a date/time, the District will intervene only to work on a compromise for both parties.  

D.                If an employee does not complete his or her appointment (no show), the employee will be disqualified from driving a school bus until he or she receives and qualifies.  

E.                  Make-up time will be scheduled toward the end of the August two (2) week period.  

F.                  All physicals must be conducted by the designated school physician.  

G.               Each driver will be paid one (1) hours pay for the annual physical and two (2) hours pay for the required road test.  

Section 148

Post Accident Physical Examination  

Drivers involved in a serious bus accident may be asked to have a physical examination.  This is to ensure that they are okay to drive, as well as to determine if they have a particular physical handicap that may have resulted in the accident occurring in the first place.  This decision is in no way meant to be punitive, but rather to ensure the health and safety of everyone involved.  

Section 149

Road Tests

School Bus Monitors  

Section 150

Reporting for Duty  

The District, with the agreement of CSEA, will establish procedures to confirm that drivers have reported for work.  

ARTICLE XV  

BIDDING AND BLOCKS  

Section 151
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Bidding  

A.        Regular part-time bus drivers and station wagon drivers may choose, by seniority, blocks of time up to a maximum of eight (8) hours per day, maximum of forty (40) hours per week within the blocks of time scheduled.  

B.         A seniority list will be established for school bus monitors, and they shall bid on runs based on seniority.  Special problems for certain students will be discussed with the Director of Student Services to determine whether such change will adversely affect the students riding said vehicle.  Should such determination be made by the Director of Student Services, then there will be no change in the school bus monitor’s assignment.  

C.        Bus Drivers and School Bus Monitors will be expected to work the assigned time on a daily basis.  Additional time for unusual delays, discipline, etc. should be expected.  The guaranteed blocks of time should result in an “averaging” out over the full school year.  Only if the pattern of extra time is constant will an adjustment be made to the block.  

Section 152  

Bidding Procedure  

A.        Commencing no sooner than August 20^th of each year the District shall establish blocks to work and post said blocks to be bid on the basis of seniority.  Bidding shall take place during scheduled day's in August.  

B.         Drivers shall be paid a maximum of one (1) hour for participation in the August bidding at a rate of fourteen dollars ($14.00) per session.  

Section 153  

Blocks  

CSEA recognizes the authority of the District to establish blocks of time providing separate blocks for morning, noon and afternoon work.  No blocks will be marked “as assigned”, except as provided in paragraph D of this section.  

A.                Regular Permanent Blocks

A minimum of twenty (20) three (3) hour blocks will be established for morning work and twenty-five (25) three (3) hour blocks will be established for afternoon work.  In addition, there shall be a minimum of eight (8) three (3) hour blocks for station wagon drivers for both morning and afternoon work.  The District may establish up to thirty (30) two (2) hour blocks for morning work and thirty (30) two (2) hour blocks for afternoon work.  All other blocks shall be minimum two and one-half (2 ½) hour blocks, except that kindergarten blocks may be minimum two (2) hour blocks.  In the event that the District finds it necessary to create new blocks during the course of the school year, such new blocks may be any time period of two (2) hours, two and one-half (2 ½) hours or three (3) hours.  Blocks in excess of three (3) hours may be established based on demonstrated need and following consultation with CSEA.  

B.         Combined Permanent Blocks

Combined Permanent Blocks are combined AM and PM runs.  The District may establish up to thirty (30) bus blocks (excluding station wagon blocks) which may be four (4), five (5) or six (6) hour blocks.  Whenever possible, the runs will be the same in the AM and PM. 

C.        Permanent Field Trip Blocks

Permanent Field Trip Blocks are blocks in either the AM or PM which guarantee two (2), two and one-half (2 ½) or three (3) hours.  Drivers bidding on these blocks will drive field trips that cannot be assigned to regular drivers on the trip list because of conflicts with regular routes.  Field trip drivers, with at least twenty-four (24) hours notice, must be available to drive trips that start either earlier or later than their normal blocks and drive the entire trip, even if it extends beyond the guaranteed block.  Drivers will be paid for all hours worked.  When not needed for field trips, drivers will be used to cover other routes or related work and be paid the guaranteed time.  

D.        Permanent Blocks Without Runs

Permanent Blocks Without Runs are blocks in either the AM or PM which guarantee either two (2), two and one-half (2 ½) or three (3) hours.  These blocks will not have runs incorporated in them.  Drivers bidding on these blocks will be used to cover other regular routes or related work.  These drivers will not be used to drive field trips.  

Section 154  

Rebidding  

A.        There shall be a complete and final rebid of blocks for station wagon drivers on or about October 15^th, no later than November 1^st.  Any additions to station wagon runs after November 1^st, which increases the block of time twenty (20) minutes or more, shall be posted for bid.  

B.         All station wagon drivers and school bus monitors will be given at least twenty-four (24) hours advance notice, in writing, with date, time and place posted on Transportation Department bulletin board with regard to rebidding on blocks of time.  

C.        The District shall have the authority to change blocks during the course of the school year up to November 1^st.  A block shall be considered changed if time is added to, or deleted from, a block, or an entire run is added or deleted within a block.  These changes shall be accomplished by inverse order of seniority, where possible.  

D.        After November 1^st, but before November 11^th of each year, a union representative will have the opportunity to review blocks of time and routes.  Five (5) working days thereafter, bidding shall be accomplished by block worksheets in the Transportation office.  All drivers who have had their blocks changed shall be eligible to bid on those blocks held by drivers with less seniority.  All drivers who are “bumped” out of their block by such bidding shall also be eligible to bid on those blocks held by drivers with less seniority.  

Section 155  

Bidding on New or Vacant Blocks  

A.        During the course of the school year if new blocks of time are established or blocks of time already assigned are vacated by the driver assigned thereto, or it is known in advance that the driver assigned will be absent for thirty (30) working days or more, such block of time shall be posted for three (3) working days and bid on the basis of seniority.  In the case of a temporary vacancy only one (1) re-bid of the runs of the assigned driver will be required.  Any vacancy resulting from that re-bid will be offered to a substitute driver by seniority for the duration of the vacancy.  

B.         Drivers shall be permitted to bid, pursuant to this section, only on those blocks which would increase their hours and any driver [except eight (8) hour drivers] already assigned a block of time, shall not be able to relinquish his or her own block of time in order to drive the blocks of time of another bus driver who may be absent.  All other routes for which a driver is necessary after the beginning of the school year shall be filled without regard to seniority, except as required by the rebid procedures of Section 154 of this Agreement.  

C.        The District will be allowed a maximum of twenty (20) working days, including time for bidding, before a new or vacant block must be awarded.  This would include noon bus routes.  

D.        Any additions which increase blocks of time twenty (20) minutes or more shall be posted and bid by seniority.  

Section 156  

Maintenance of Blocks  

Drivers awarded blocks in each of the groupings shall drive the designated block for the entire school year with the following exceptions:  

A.                The driver has bid to another assignment in November pursuant to Section 154.  

B.                  If a larger block of time becomes available on a permanent and/or temporary basis, unless the bus driver chose not to bid the same size block, a bus driver may select the additional time period.  

C.                If a driver chose not to bid on a permanent field trip block or permanent block without runs, of any size, he or she may also select the additional time period.  

D.                If the individual bus driver’s personal health is of concern or unusual circumstances occur which are beyond the bus driver’s control (e.g. change of job, family illness), the change must have the Director of Transportation’s and the CSEA President’s approval.  

E.                  Drivers are expected to stay with their block assignments and will not move laterally or downward unless for the reasons stated above, or pursuant to Section 154 during the November bid.  

F.                  Blocks of time in each group will be awarded by seniority.  A senior driver may choose to bid on a lesser block of time.  If it is the choice of the driver to bid for less time than he/she is eligible, the driver cannot later choose to bid on a larger block of time for the entire school year, except as provided in Section 154.  A driver may change the decision from year to year.  If the driver works less than four (4) hours a day, he or she will lose benefits unless grandfathered pursuant to Section 93(G).  

G.               The same rules and regulations would apply to noon bus routes, with the exception of BOCES and BOCES-Kindergarten drivers.  

Section 157  

Bidding Procedures for Substitute Drivers  

A.        Substitute bus drivers bidding on a block of time that is temporarily available will be required to complete the period of time for which the block is available before the substitute can bid another temporary block of time.  This requirement would be in effect even if a temporary block of time becomes available which is larger.  If a permanent block of time becomes available, the substitute may bid on the permanent block and, if awarded, shall be released from the temporary block.  

B.         The intent of this section would be to limit substitute bus drivers from moving from one temporary block to another which relates to continuous movement of drivers for student bus load.  Besides the inherent safety factor, this does cause instability in route timeliness and student discipline.  

C.        In August, during block bidding procedures, after all regular drivers and wagon drivers have completed the bidding process, substitute drivers will bid from the substitute seniority list, by seniority.  

D.        The substitute drivers, after Board appointment, shall be placed on a regular seniority list in the order in which they have bid from the substitute seniority list.  

Section 158

Payment of Fees  

A.        The District will pay the fee for the mandated thirty (30) hour course for newly hired drivers.  

B.         The District will pay the written test fee for all drivers.  Fingerprinting, license and road test fees will be reimbursed provided the employee drives 164 days of the year.   

Section 159  

Substitute Driver Seniority  

A.        The District shall establish a substitute driver calling list which shall be updated at least every two (2) months.  

B.         The District is responsible for maintaining records concerning the service of substitute drivers for the purpose of determining seniority.  

C.        Seniority gained as a substitute driver shall not be carried over to a regular part-time driver assignment.  

D.        If substitute drivers have the identical time in service, relative seniority will be established alphabetically.  

E.         Substitute driver seniority will commence on the first day that the substitute bus driver drives a bus on his or her own (solo).  

F.         Substitute drivers will be classified into three (3) groups:  

G.        Drivers of non-public, BOCES and special education schools or programs have calendars that may differ from Shenendehowa Schools.  Regular drivers whose school calendars differ from the District calendar shall be inserted into Group I providing that the driver:  

1.                  Submits in writing, to the bus dispatcher, an indication of his or her availability to substitute, a minimum of two (2) weeks in advance of the available dates, or no later than June 1^st.  

2.                  Is available for five (5) consecutive working days.  

3.                  Is available for a full block, morning or afternoon.  

Section 160

Summer Work

Transportation Department  

A.        Payment for summer work shall be based upon the hourly wage paid during the regular work year.  

B.         The Director of Transportation shall develop bus routes based upon the number of students identified and the location of the schools to which transportation is provided.  

C.        Summer assignments shall not be tied to the ten (10) month blocks of time which are developed annually.  

D.        Summer work shall be bid by seniority.  

E.         Bus drivers and school bus monitors shall bid for summer work within their respective families only (i.e. bus drivers shall bid for bus driver assignments and school bus monitors shall bid on school bus monitor assignments).  In the event that the school bus monitor list is exhausted, drivers shall have the ability to bid for school bus monitor assignments by seniority.  A substitute list for summer work shall be made up of those drivers who indicated an interest in summer work and for whom no work was available.  

F.         Bus drivers and school bus monitors shall be permitted to use accrued leaves during time worked during the summer.  Additional accruals will not be earned.   

ARTICLE XVI  

FIELD TRIPS, EARLY DISMISSALS  

Section 161 
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Payment for Show Up Time and

Combined Driving Waiting Rate on Field Trips  

A.        The District shall guarantee drivers who are assigned to drive field trips, a minimum of two (2) hours show up time.  

B.         Show up time will be paid when a field trip is cancelled and the bus driver is not provided with notice of cancellation prior to the beginning of the AM and PM block on that day.  In the event a field trip is cancelled on a weekend or evening and a driver is notified prior to leaving his/her home, no payment for show up time will be made.  

C.        A driver shall be paid his or her regular hourly rate for a field trip assignment which includes both traveling and waiting time.  Drivers will not receive a meal allowance.  

Section 162

Field Trip Eligibility  

A.        Only permanent drivers who have completed one (1) year of such service are eligible for field trip lists.  Drivers may drive only those field trips that do not interfere with their regular runs.  There can be no overlap of trips with regular route time.  

B.         Eight (8) hour drivers will not be eligible to drive field trips during the hours of their full-time employment.  

Section 163  

Early Dismissal Due to Early Release of Students

or Due to Emergency Situations

A.        When a Driver is not required to work in the afternoon because of early dismissal of students or when an emergency occurs, such as inclement weather, that Bus Driver will not be paid for the block of time.  

B.         Drivers who work only to bring home students and do not have to drive a regular run later in the day will be paid their block of time.  

C.        Drivers who complete an early AM dismissal and also drive later in the day will be paid either the minimum of one (1) hour or their actual driving time, whichever is greater.  In addition, if they drive in the PM the Drivers will also be paid their PM block of time provided the Driver remains available on site for the full block of time.  

D.        Drivers who are called in due to an unanticipated situation (such as bomb scares, boiler breakdown, etc.) shall be paid a minimum of two (2) hours pay or their actual time needed, whichever is greater.  

Section 164  

Assignment of Eight Hour Drivers  

The District may assign eight (8) hour full-time Drivers as follows:  

A.                Substitutes’ work – eight (8) hour full-time Drivers would have priority over all permanent bus drivers and substitutes for daily substitute work, except for noon bus routes.  

B.                  It is understood that full-time [eight (8) hour] Bus Drivers can be assigned substitute work with priority over all Bus Drivers.  

C.                Full-time Bus Drivers will not be used to substitute on noon bus routes unless an emergency exists or other Drivers are not available.  This priority will exist on all AM and PM blocks of time.  

D.                In return, the District agrees not to assign these employees a permanent block of time.  

Section 165  

Show Up Time for Snow Emergencies  

Drivers who report to work at the Transportation Department will be paid two (2) hours show up time if the school closing is not announced at least thirty (30) minutes before the start of the Driver’s block.  

Section 166  

Equipment  

All new buses may be purchased with a tachograph system to be used on a daily basis.  

ARTICLE XVII

AIDES/MONITORS  

Section 171  
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Work Year  

The computation of salaries for school monitors and teacher aides will be established on the basis of 175 days per year.   

Section 172  

Salary Schedules  

There will be four (4) salary schedules for aides/monitors defined as follows:  

Section 173  

Payment in Lieu of Holiday Pay  

The District agrees that teacher aides/monitors will receive six (6) extra days pay a year at their per diem rate without regard to service.  These extra days will be paid with the last paycheck of each school year.  

Section 174

In-Service Participation  

Each teacher aide/monitor agrees to participate in up to one (1) day per year of staff development/in-service without pay, as scheduled by the District and each building administrator (a day is defined as the number of hours a teacher aide/monitor works in the performance of his/her duties on a daily basis).  Details of the in-service program (except mandated subjects) may be discussed in the Labor Management Committee.  

Section 175

Seniority  

Aides and monitors will obtain seniority within the classification listed below in the event of district-wide layoffs:  

A.                Elementary Cafeteria Aides

B.                  Secondary School Monitors

C.                Computer Aides

D.                Library Aides

E.                  Elementary Senior School Monitors

F.                  Audio Visual Aides

G.               Secondary Alternative Education Aides

H.                 Special Education Aides

I.                    Elementary Classroom Aides

J.                  Technology Aides

K.                  Bus Port Attendant  

ARTICLE XVIII  

FOOD SERVICE WORKERS  
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Section 181

Food Service Workers - Work Shoes

Food Service Workers are authorized to purchase and be reimbursed up to sixty dollars ($60.00) on an annual basis for up to two (2) pairs of leather, slip-resistant work shoes.  

Section 182

Kitchen Seniority  

Listed below is the final agreement between the parties on the filling of positions due to absences in the Food Service Department:  

A.                Any absence [defined as absences of one (1) day or more] within the Food Service Department shall be filled by the most senior qualified food service employee in that building.  

B.                  This adjustment shall be reviewed on a weekly basis, unless the employee has returned to work prior to that date.  

C.                The determination as to the employee’s qualifications for doing a particular job shall be made by the Cook Manager, or in the case of Okte or Chango, the Group Leader.  

D.                The District reserves the right to bring in an employee with less seniority upon occasion for the purpose of training or in an emergency situation.  

Section 183

Salary  

The salary schedules attached hereto reflect a five cent ($0.05) per hour increase prior to the application of the agreed upon across-the-board increase and the continuation of a one dollar ($1.00) per hour differential for Cooks.          

Section 184  

Food Preparation  

All employees who work four (4) or more hours and who are involved in food preparation shall be paid the full time rate.  

Section 185  

Evening and Weekend Activities  

The cafeteria staff will receive an additional four dollars ($4.00) per hour for evening and weekend activities.  

ARTICLE XIX  

SALARIES AND SALARY SCHEDULES  
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Section 191

Wage Adjustments  

A.        Wages for all bargaining unit members will be increased by three (3) percent for 2005-2006, three (3) percent for 2006-2007, three and one-quarter (3.25) percent for 2007-2008, and three and one-quarter (3.25) percent for 2008-2009.  

B.         The salary schedules attached hereto will include a two dollar ($2.00) per hour differential for the driver trainer/safety coordinator.  

Section 192  

Tuition Reimbursement  

A.        The District will reimburse members of the bargaining group the cost of tuition for job related courses or training programs when approved by the immediate supervisor and the Assistant Superintendent for Human Resources.  

B.         Two thousand dollars ($2,000.00) will be budgeted each year for this purpose.  Employees will be eligible for such reimbursement on a first come, first served basis, after approval is granted by the appropriate parties noted above.  

C.        The adequacy of the allowance for training is an appropriate subject for discussion in the Labor Management Committee. Upon agreement of the District and CSEA a petition may be filed with the Board to increase the amount provided for training.  

Section 193

Non-Resident Students  - Tuition  

The District shall discontinue its practice of providing tuition free instruction to children of non-resident members of the bargaining unit, provided, however, that staff members currently participating in said practice may continue to do so until their children graduate from high school or voluntarily withdraw.  

Except as otherwise expressly provided, this Agreement shall take effect on July 1, 2005 and shall expire on June 30, 2009 .  

IT IS AGREED BY AND BETWEEN THE PARTIES THAT ANY PROVISIONS OF THIS AGREEMENT REQUIRING LEGISLATIVE ACTION TO PERMIT ITS IMPLEMENTATION BY AMENDMENT OF LAW OR BY PROVIDING ADDITIONAL FUNDS THEREFORE, SHALL NOT BECOME EFFECTIVE UNTIL THE APPROPRIATE LEGISLATIVE BODY HAS GIVEN APPROVAL.

 CSEA                                                                           The District

_____________________________________                      ____________________________________

Michael Campon                                                                     Michael J. Dutkowsky, Ed.D.        
CSEA Labor Relations Specialist                                            Assistant Superintendent  
                                                                                                 for Human Resources  

______________________________________                    ____________________________________

Gary Lanahan                                                                     Susan Martin  
CSEA Unit President                                                               Director of Finance 

_____________________________________                    ____________________________________

Judith Gardner                                                                       Joseph Mayo  
Past CSEA Unit President                                                     Director of Facilities  

______________________________________                    ____________________________________

Mary Tribley                                                                             Barbara Salecker  
Past CSEA Grievance Chairperson                                        Director of Operations                

_____________________________________                      ____________________________________

Barbara Jones, Transportation                                               Lisa Ostrowski  
                                                                                                 Director of Food Service                                                                                                           

_____________________________________                      ____________________________________

Pompeo Ferracane, Cleaners/Security                                  David Christopher  
                                                                                                 Director of Transportation                                                                             

_____________________________________                     

Karen DiPalma, Nurses                                           

_____________________________________

Dennis Latham, Maintenance

_____________________________________

Andrew Narzynski, Grounds

_____________________________________

Michael Petrillose, Mechanics

_____________________________________

Geraldine Tosti, Aides/Monitors

_____________________________________

Ann Marie Baker, Clerical

_____________________________________

Barbara Millington, Food Service