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AGREEMENT
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ARTICLE I
The Public Employees Fair Employment Act, the Civil Service Law, the Education Law, other applicable laws, the Rules of the Saratoga County Civil Service Commission, and the Resolutions
of the Shenendehowa Central School District, hereinafter known as the School District, and other law, rules and regulations of state and federal agencies, not inconsistent with any of the aforesaid laws shall govern the terms and provisions
of this Agreement.
A.
School District or District shall mean the
E.
School Year means the period commencing on the 1st day of July each year and ending on the 30th
day of the following June.
F.
Employee means an employee of the
G.
Unit Negotiators means the representatives designated by the Shenendehowa Unit for the purpose of
negotiating with the representatives of the Board of Education in relation to the preparation of a contract.
H.
Board Negotiators means the representatives designated by the Board for the purpose of negotiating with
the representatives of the Unit in relation to the preparation of a contract.
I.
Regular Part-Time Bus Driver is a driver who is paid on an hourly rate.
J.
Full-Time Bus Driver is a driver hired on a salary basis working eight (8) hours per day, forty (40) hours
per week.
K.
Ten Month Employee means an employee (including registered nurses and attendance officer) specifically
hired for the school year, September 1st through June 30th of any year.
L.
Twelve Month Employee means an employee specifically hired for the twelve (12) month period July 1st
through June 30th of any year.
M.
Fiscal Year means the period commencing on the 1st day of July each year and ending on the 30th
day of June of the next year.
ARTICLE II
Section 21
The Board of Education of the Shenendehowa Central School District at Clifton Park, New York, recognizes the Civil Service Employees Association, Inc. for the purpose of collective
negotiating pursuant to the Public Employees Fair Employment Act as the exclusive representative of a negotiating unit as defined in ARTICLE
Section 22
The Board agrees not to recognize or negotiate with any person, including any individual member of the negotiating unit, or organization other than the CSEA, with regard to the salary and
other terms and conditions of employment of employees as defined in ARTICLE
Section 23
The CSEA affirms it does not assert the right to strike against the
Section 24
If any provision of the Agreement or any application of this Agreement to any employee, or group of employees, shall be found contrary to law, such provision or application shall not be
termed valid and subsisting, except to the extent permitted by law; but, thereto the provisions or applications of the Agreement shall continue in full force and effect.
Section 25
Section 26
Section 27
ARTICLE III
and any other title for the above categories resulting from reclassification or other change in nomenclature during the duration of this Agreement.
ARTICLE IV
B.
Appearing in any grievance proceeding when requested by an aggrieved employee pursuant to the terms of this Agreement.
C.
Appearing before the Board of Education, upon request of the employees to which this Agreement pertains, in relation to the terms and conditions of this Agreement.
D.
Access to Employees
Visiting employees on school property provided that such visit does not cause an employee to work less than the time for which he or she is being paid.
So far as practicable, such a visit shall be before or after an employee’s working hours. Prior approval of the immediate supervisor is required whenever the President and/or Grievance
Chairperson visits employees during the work day. The manner of business need not be specified.
E.
Release Time for President and Grievance Chairperson
The President and his/her Grievance Chairperson who are appointed or elected for the purpose of adjusting a grievance shall be permitted a reasonable amount of time from his or her
regular duties to fulfill these obligations. Prior approval of the immediate supervisor is required whenever the President and/or Grievance Chairperson visits an employee during the work day.
The manner of business need not be specified. The
F.
Release Time for CSEA Meetings
The President and Vice President, and their representatives [maximum of four (4) people] of the Shenendehowa Unit may attend conferences or meetings of the CSEA, excluding negotiations,
up to a total of eighteen (18) working days or one hundred forty-four (144) hours in any school year. The
G.
Release Time for Negotiations
The District shall provide members of the CSEA Negotiating Team with a reasonable amount of release time for the purpose of preparing for, and conducting collective negotiations.
CSEA shall reimburse the District for the cost of substitutes. Negotiations shall be scheduled at times that are mutually agreed.
Section 42
Bulletin Boards
A. The Shenendehowa Unit shall have the right to post notices and other communications on bulletin boards at
places designated by the Superintendent or his/her designee.
B. Posting of Vacancies. Application of Seniority.
1. The District shall continue to post notices of job openings at the appropriate work sites with a copy to the CSEA President. Such notices
shall contain a summary of the duties of the position and the minimum qualifications established by the District.
2. If a vacancy should occur which is to be filled by appointment from a competitive Civil Service list, and an employee of the District is among the top three (3) individuals
(including all score ties) on the list of eligible candidates, then the District, in making such appointment, shall consider the qualifications of such employee prior to considering the qualifications of other persons on such list.
3. If a vacancy should occur for a position which is not to be filled by appointment from a competitive Civil Service list, then, if two (2) or more applicants are relatively equally
qualified for the position considering attendance, relevant work experience, prior performance, education and training, and one (1) or more are employees of the School District, the District in making such appointment shall consider
seniority among its own employees as the primary basis of filling such vacancy. The applicant must provide pertinent written information on a resume or a summary form to be developed by the Labor
Management Committee.
4. Nothing herein contained shall prevent the
Section 43
Section 44
Amendment of Agreement
Section 45
Printing of Agreement
An adequate number of copies of this Agreement shall be printed, or otherwise reproduced, at joint expense of the Board and the Unit as soon as possible after ratification of this
Agreement by both parties thereto.
Section 46
Defense of Employees – Student Discipline
Section 47
Employee Rights
A.
The parties subscribe to the concept of progressive discipline, except for the most serious offenses. Any employee subject to
disciplinary action shall have the right to union representation. An employee may not be removed from service, or otherwise disciplined, except for acts of in competency, insubordination or
misconduct.
B.
1. An employee’s supervisor may counsel an employee concerning deficiencies in
performance or misconduct which do not warrant disciplinary action. The purpose of employee counseling is to provide assistance to the employee concerning expectations of performance.
2.
Counseling shall be provided in a person-to-person oral communication. A counseling session may be followed by a confirming memorandum, at the
discretion of the supervisor. Copies of counseling memoranda will be maintained in the employee’s personnel folder. The employee may place a written
response to a counseling memorandum in his or her personnel folder. Counseling letters will be maintained for twenty-four (24) months from the date that they are issued by the supervisor.
After that period of time, such counseling letters shall be deemed removed from the personnel file.
3.
The employee or the supervisor may request that a union representative be present during a counseling session as an observer.
C.
Discipline
1.
Except as set forth in paragraph C(4), below, the first formal disciplinary step shall be a written warning from an employee’s supervisor describing the specific
deficiencies and the steps necessary to return to a satisfactory level of performance. A copy of the warning shall be placed in the employee’s personnel folder.
2.
After the employee receives two (2) written warnings during an eighteen (18) month period, the employee may be suspended, without pay, for up to a maximum of three (3) days.
3.
Additional written warnings may result in further disciplinary action, including suspension without pay or discharge.
4.
Suspension without pay or discharge may be invoked with less than two (2) written warnings where the employee’s conduct creates a danger to the health, safety or welfare
of staff, students and/or the general public or creates a danger to property. A positive result in any required drug or alcohol test is considered such a danger to health, safety or welfare of
staff and/or the general public or creates a danger to property.
5.
Suspension without pay in excess of three (3) days or discharge may be imposed only by the decision of the Assistant Superintendent for Human Resources.
6.
Due Process
a.)
Investigation into alleged employee in competency, insubordination or misconduct shall be undertaken promptly and confidentially. All
parties involved in the alleged complaint will cooperate fully with the
b.)
An employee subject to discipline pursuant to paragraphs C(1) or C(2), above, may prosecute a grievance through Step 3 of the Grievance Procedure.
c.)
A permanent competitive class employee or a permanent non-competitive or labor class employee with three (3) years or more of consecutive service subject to discipline
pursuant to C(3) or C(4) above, may commence a grievance at Step 3 and, the Unit may prosecute said grievance through Step 4 of the Grievance Procedure. A non-competitive or labor class employee
must have a minimum of three (3) years of consecutive service with the District in order to prosecute a grievance concerning discipline to Step 4. Non-permanent competitive class employees and
non-competitive and labor class employees with less than three (3) years service may be suspended without pay or discharged without recourse to arbitration or any other hearing process whatsoever, except for prosecution of a grievance
through Step 3.
d.)
An employee subject to discipline shall have no other recourse to any administrative or judicial tribunal whatsoever, and the procedures contained herein are substituted for
any other due process rights that may exist by reason of statute, regulation or otherwise.
D.
Employee Rights
1.
Employees shall have the right, upon request, to review any written statement contained in their personnel folders.
2. Pre-employment reference materials are excluded from review by the employee unless the employee obtains a written release from the originator.
3. There shall be only one (1) official personnel folder for each employee.
4. Supervisors may maintain notes regarding an employee in a separate file, however, nothing contained in said file shall be considered part of the official personnel record of the
employee unless it also appears in the personnel folder pursuant to the rights of employees contained in this section.
5.
No material shall be placed in an employee’s personnel folder unless the employee has the opportunity to review the material. The
employee will acknowledge that he/she has had the opportunity to review such material by affixing his/her signature to the copy to be filed. This is not interpreted as an agreement of the
contents.
6. The employee shall have the right to submit a written answer to any document contained in his or her personnel folder. Any such answer
shall be maintained in the personnel folder.
ARTICLE V
Section 51
ARTICLE VI
Section 61
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
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
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
Grievances shall be handled in a four step procedure. Following is a list of immediate supervisors, department heads and administrators:
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