ARTICLE I
PREAMBLE
This Agreement is made and entered
into by and between the Clinton Board of Education (hereinafter
referred to as the "Board") and the Municipal Employees Union
Independent (hereinafter referred to as the "Union").
ARTICLE II
RECOGNITION
Section One. The Board
recognizes the Municipal Employees Union Independent as the
exclusive bargaining agent for all full-time and part-time
Paraprofessionals employed by the Clinton Board of Education
including but not limited to Special Education Paraprofessionals,
Title I Paraprofessionals, Library and Media Assistants, and
Braille Transcriptionist/Facilitator/Interpreter; excluding
Paraprofessionals not employed by the Clinton Board of
Education (e.g., those employed by other boards or by Project
LEARN) and all other employees (e.g., supervisory) excluded
under the Act.
Section Two. Full-time employees are those who regularly work
thirty (30) or more hours per week. All others are classified as
part-time employees.
This
provision notwithstanding, the four employees who were eligible for
benefits during the 1998-1999 school year based on their working
twenty-five (25) or more hours per week shall continue to be
eligible for benefits under this Agreement.
Section Three. New
employees shall serve a probationary period as provided in Article
VI of this Agreement, and shall have no seniority rights during this
period. The Board reserves its right to discharge any employee
during the period of probation for any reason whatsoever without
recourse to the grievance and arbitration process of this contract.
ARTICLE III
UNION RIGHTS AND SECURITY
Section One. During the
term of this contract or extension thereof, all employees in the
collective bargaining unit shall, from the effective date of the
contract or within thirty (30) calendar days from the date of their
employment by the Board, as a condition of employment, either become
or remain members of the Union in good standing or, in the case of
employees who choose not to join the Union or who withdraw from
Union membership, pay service fees.
Section Two. The Board agrees to deduct from the pay of its
bargaining unit members such membership dues and initiation fees,
service fees and reinstatement of service fees as may be fixed by
the Union. Such deductions shall continue for the duration of the
agreement or any extension thereof. An employee may withdraw from
membership in the Union by giving written notice to the Union and
the Board which notice must be received or postmarked within the
period June 1 to June 15, inclusive, in any calendar year in which
the Agreement is in effect. Such employee will pay a service fee
not to exceed the amount of Union dues.
The
Board agrees to voluntary payroll deductions for the Union's
Political Action Fund. These deductions shall be kept consistent
with federal and state law on the subject.
Section Three. The Union
shall supply to the Board written notice at least thirty (30) days
prior to the effective date of any change in the rates of fees and
dues.
Section Four. The deduction
of Union dues or service fees for any month shall be made during the
applicable month and shall be remitted to the Financial Officer of
the Union not later than the third Thursday of the following month.
The monthly dues and/or service fees remittances to the Union will
be accompanied by the list of names of employees from whose wages
dues deductions have been made.
Section Five. No dues or
fees will be deducted from an employee who has insufficient earnings
in the pay period to cover the amount of such dues or fees, or from
an employee who is collecting Workers' Compensation.
Section Six. The Union
agrees to indemnify and to hold the Board harmless for any and all
claims, demands and suits that shall or may arise out of or by
reason of action taken by the Board for the purpose of complying
with the provisions of this Article.
Section Seven. The Board
shall provide each employee with a copy of the contract within
thirty (30) days after the signing of the Agreement. The Board and
the Union shall share the cost of producing these copies for
distribution.
Section Eight. The Board
shall provide each new employee with a copy of the contract when
he/she is hired.
Section Nine. The Board
shall provide the Municipal Employees Union Independent office with
one (1) signed contract after the signing of this Agreement. The
Union shall provide the Board with two (2) signed copies of the
contract.
Section Ten. Employer
representatives shall deal exclusively with the Union-designated
stewards or representatives in the processing of grievances,
provided that an individual employee may file and process a
grievance at Levels One through Four of the grievance procedure of
this Agreement. Any resolution of an individual employee's
grievance shall not be in conflict with the terms of this
Agreement. Nothing in this section shall be construed as condoning
"direct dealing" between the Board and individual employees on
matters of collective bargaining which the law requires be bargained
with the Union.
Section Eleven. Union staff
representatives shall be permitted to enter any of the schools with
approval of the building principal or other appropriate
administrator for the purpose of discussing, investigating or
processing grievances, provided that the following conditions are
met:
a. The staff representative shall contact the
administrator either in advance or immediately upon arrival at the
building. The administrator shall designate the location within the
building where the staff representative's business shall be
conducted.
b. The staff representative shall not have
access to an employee during the employee's working time. "Working
time" does not include unpaid breaks.
c. There shall be no interruption of or
interference with operations as a result of the staff
representative's visit.
Section Twelve. The Board
agrees to provide space on a bulletin board in each building under
its supervision in which a member of the bargaining unit works, for
the use of the Union.
Section Thirteen. Upon
written request through the building administrator, the Union may
hold a meeting for bargaining unit employees within a school
building, subject to the following conditions:
a. The meeting may take place only during those
times when school is not in session.
b. The request may be denied if there is not
space available at the time requested. The building administrator
shall designate the location within the building where the meeting
shall take place.
c. If the use of the building at the time
requested by the Union will result in additional cost to the school
district (e.g., for custodial services), the Union will be so
notified and given the option to pay such cost or to select another
time/location for the meeting which will not require additional
cost.
Section Fourteen. One
Union designated bargaining unit member or steward shall be released
with pay for up to two (2) days per contract year for such MEUI
activities as training and conventions. Two (2) weeks advance
notice shall be given to the employee’s supervisor and the
Superintendent.
ARTICLE IV
NON-DISCRIMINATION
Section One.
All provisions of this Agreement shall apply equally to all
employees without discrimination on the basis of race, color, creed
or religion, gender, sexual orientation, national origin, age,
physical disorder, present or past history of mental disorder,
political or labor affiliation, except in the case of a bona fide
occupational qualification.
ARTICLE V
HOURS OF WORK AND OVERTIME
Section One. Bargaining unit members shall be compensated for
all hours actually worked at the direction of the Superintendent or
an authorized administrator.
a. Straight time will be paid for
all hours worked up to and including forty (40) hours per week.
b.
All work performed in excess of
forty (40) hours per week shall be paid at time and one-half.
c. All work performed on a
holiday which is designated on the school calendar and all work
performed on Sunday shall be paid at time and one-half.
Hours of work in
addition to those which are part of the employee's regularly
scheduled hours must be approved by the Superintendent or authorized
administrator.
In lieu of payment
for overtime, an employee may request compensatory time in
accordance with Section Three below.
Section Two. Hours actually
worked shall be counted as time worked for the purpose of
calculating overtime.
Section Three.
An employee who is required to work in excess of his/her normally
scheduled hours may request compensatory time in lieu of cash
payment for such time. If an employee requests compensatory time
for such time, it may be granted or denied, within the sole
discretion of the Superintendent or the Superintendent's designee.
If the hours worked are fewer than forty (40) in a week, the
compensatory time will be at straight time. If the hours worked are
overtime hours as defined in section one above, the compensatory
time will be at one and one-half (1 1/2) hours for each additional
hour worked.
Section Four.
The administration shall endeavor to provide notice of schedule
changes or changes in work location at least two (2) weeks in
advance.
Section Five.
If an employee is required to
work in a student's home, the Board shall take reasonable steps to
ensure the safety and appropriateness of the setting in which the
services are provided, including, but not limited to: (a) a meeting
with the affected employee to discuss the IEP and (b) requiring
another adult's presence at all times the Paraprofessional is
required to be in the home.
Section Six.
Employees shall be notified of their assignments for the following
school year not later than August 1 provided that the budget has
been adopted at that time. If there is a change in assignment, the
employee shall be notified of the change as soon as possible.
A copy
of an assignment notice for an employee shall be sent to the
building administrator in the building where the employee will be
working, to the classroom teacher, and in the case of those assigned
to special services, to the Special Services Director. If a teacher
or other person with whom the employee is working instructs the
employee to work a different assignment or schedule, the employee
may bring the issue to the attention of the building administrator
or, in the case of a Special Services Paraprofessional, to the
Special Services Director.
Section Seven. Thanksgiving and Christmas Holidays. On the
last day of school prior to the Thanksgiving and Christmas holidays,
if students are released early, employees shall be released after
students are released and the employees shall be paid as if they
worked their regularly scheduled day.
Section Eight.
Employees shall be paid for all hour they are regularly scheduled to
work on unexpected delayed openings and early dismissals.
ARTICLE VI
SENIORITY
Section One. Seniority
shall be defined as an employee's total service in a permanent
position from date of last hire, including all authorized paid
leaves of absence, provided the employee returns to work immediately
at the conclusion of such leave. A part-time work year shall be
counted the same as a full-time work year for the purpose of
seniority. Seniority shall continue to accrue while an
employee is receiving workers' compensation benefits.
Section Two. The Board
shall establish a seniority list of all employees covered by this
Agreement, showing their seniority in length of service with the
Board, and shall deliver the list to the Union steward and the Union
office on or before October 1st of each year. Upon completion of
their probationary period, new employees shall be added to the list.
Section Three. Seniority
shall govern in cases of layoff, recall from layoff and vacancies to
the extent provided in Article VII and Article VIII.
Section Four. Each person
newly appointed to a bargaining unit position from outside the
bargaining unit shall be placed on probation for a period of ninety
(90) working days, during which period the Board may terminate such
person without such action being subject to the grievance
procedure. Only days actually worked shall be counted toward
completion of the employee's probation. If at the end of this
probation period the person's work is considered to be satisfactory,
seniority shall date from the first day worked. An employee who
does not successfully complete probation shall be entitled to a
conference with the Superintendent or designee to discuss reasons
for such failure.
Section Five. Any employee
covered by this Agreement who is laid off by the Board and who left
in good standing shall, upon return to service to the Board within
eighteen (18) months of the layoff of employment, be credited with
all past accumulated seniority, but the months spent on layoff will
not accrue in seniority. Upon return to service, the employee will
be placed at the applicable wage rate for the position from which
the employee was laid off, provided the employee returns to a
position in the same classification.
ARTICLE VII
LAYOFF AND RECALL
Section One. Layoff. If a layoff becomes necessary, the
following procedure shall apply:
a.
If there is a vacancy in
another bargaining unit position, the affected employee shall be
offered the opportunity to fill that vacancy provided that the
Superintendent determines that the affected employee is fully
qualified to perform the work of the vacant position.
b.
If there is no vacancy in
another bargaining unit position, the affected employee in the
position eliminated shall be offered the opportunity to fill a
position held by a probationary employee provided that the
Superintendent determines that the affected employee is fully
qualified to perform the work of the position.
c.
If there is no position
filled by a probationary employee, and the layoff occurs mid-year,
the affected employee shall be offered the opportunity to displace
the least senior employee within the bargaining unit, provided that
the Superintendent determines that the affected employee is fully
qualified to perform the work of the vacant position.
d.
If there is no position
filled by a probationary employee, and the layoff occurs at such
time as assignments for the coming school year are under
consideration, the affected employee shall be offered the
opportunity to displace the least senior employee who is in a
position/assignment for which the Superintendent determines that the
affected employee is fully qualified to perform the work of the
position.
Section Two.
Recall. An employee who is laid off shall have recall rights
for eighteen (18) months following the date of the layoff.
During the period of recall, the employee on the recall list shall
be offered reemployment if there is a vacancy in the bargaining unit
provided that the Superintendent determines that the employee on the
recall list is fully qualified to perform the work of the vacant
position. Notice of the opportunity for reemployment shall be sent
by certified mail, return receipt requested. If the employee who
receives a notice of opportunity for reemployment does not respond
within ten (10)) calendar days from the date of the
mailing of the notice, the right of recall shall be forfeited. It
is the obligation of an employee on the recall list to keep the
Superintendent's office informed of current address and telephone
number.
An employee on the recall list
shall be offered temporary or substitute bargaining unit work that
is available provided the employee is fully qualified to perform the
work as determined by the Superintendent. The employee must inform
the Superintendent if he/she wishes to be on the call list for
temporary or substitute work, in writing at the start of the school
year.
Section Three. Qualifications
In cases of vacancies, layoff and recall, the
Superintendent shall use the following criteria to decide whether a
bargaining unit employee is "qualified" to perform the duties of the
position:
·
Evaluation of
performance
·
Special skills
(e.g., signing for work with hearing impaired students, computer
skills for library work)
·
Specialized
training (e.g., in proper method of speech and language training)
·
Experience with
the particular program involved or type of student(s)
·
Physical ability
if needed for the position
ARTICLE VIII
VACANCIES
Section One. Job vacancy is
defined as an open position and which is created by a death,
retirement, resignation, dismissal or creation of a new position in
the bargaining unit, which the Board of Education intends to fill.
Section Two. All job
vacancies covered by this Agreement shall be posted. Postings shall
be in each school on the designated Union bulletin board space and
at the office of the Board of Education for five (5) working
days, with a copy to the local Union steward and the Union office.
During the summer months, vacancy notices shall be mailed to the
local Union steward and the Union office. No position will be
filled until the posting period has closed.
Section Three.
Current bargaining unit employees desiring to transfer to a vacant
position shall file an application in writing within the posted time
limits.
Section Four. When
there is vacancy in a bargaining unit position, the position shall
first be filled from the recall list as per Article VII. If there
is no employee on the recall list who is fully qualified for the
position, it shall be posted. When the vacancy is to be filled for
a new school year, bargaining unit employees who are fully qualified
to perform the duties of the position as determined by the
Superintendent shall be given first preference for appointment; and,
if two or more bargaining unit members are equally qualified,
preference shall be based on seniority.
The desire of an employee to transfer at
any other time will be given due consideration when filling a
vacancy. However, the final decision concerning selection and
appointment to a vacant position shall be in the discretion of the
Board, the Superintendent or their designee, taking into
consideration the best interests of students and the operating needs
of the school district.
Section Five.
Should involuntary transfers be necessary, the Superintendent shall
meet with the employee or employees involved and provide notice as
to the reason(s) for such transfer. The district shall provide the
Union with a report of all inter-school involuntary transfers for
the previous school year no later than August 1 of each year.
ARTICLE IX
PERSONNEL RECORDS
Section One. An employee
may be permitted to examine and copy any and all materials in
his/her personnel file. If the employee requests more than one copy
in any year, the employee shall pay the standard copying charge for
each page copied. The Union may have access to any employee's
records upon presentation of a written authorization signed by the
employee.
Section Two. An employee
shall receive a copy of any material placed in his/her file
concerning job performance. At any time, an employee may file a
written rebuttal to such material and may request that such material
be reviewed by the Superintendent or his/her designee for the
purpose of considering its removal from the personnel file.
ARTICLE X
SICK LEAVE
Section One. Employees will be granted fifteen (15) days of
sick leave annually with full pay.
Section Two.
Unused sick leave may be accumulated for future use but the total
accumulation shall not exceed ninety (90) working days. Any
employee who was employed prior to July 1, 1998 may accumulate up to
one hundred eighty (180) days of sick leave.
Section Three. Sick leave may be used for personal illness or
injury. In addition, up to two (2) sick leave days per year may be
used for illness in the immediate family (children, parents, spouse)
following exhaustion of personal leave.
Section Four. Sick leave shall be used in increments of
three (3) hours or the length of the employee’s work day,
whichever is less.
ARTICLE XI
PERSONAL LEAVE AND BEREAVEMENT LEAVE
Section One. Personal
Leave.
A.
An employee shall be entitled to up to two (2) days of
personal leave each year. Personal leave may not be taken to extend
a holiday or school vacation.
B.
A request for personal leave shall be submitted to the
Superintendent or his/her designee at least one week in advance,
except in the case of an emergency or death in the family. If more
employees request leave than can be granted leave on a given day,
requests will be approved on a first-come, first-served basis.
Section Two.
Bereavement Leave. In addition to personal leave, an
employee shall be entitled to up to two (2) days of bereavement
leave per occurrence. An employee may take bereavement leave in
connection with a death in the immediate family (spouse, domestic
partner, child, parent, sibling, grandchild or grandparent).
Personal leave may also be used for bereavement. If an employee
needs additional time for bereavement, the employee may take unpaid
leave of no longer than ten (10) working days.
Section Three.
Leave shall be used in increments of three (3) hours or the length
of the employee’s work day, whichever is less.
ARTICLE XII
HOLIDAYS
Section One. Each employee shall receive the following paid
holidays:
Christmas Day
Thanksgiving Day
New Year’s Day
President’s Day
Memorial Day
During the 2008-2009 school year and
thereafter, each employee shall receive the following additional
holidays:
Martin Luther King Day
Columbus Day
ARTICLE XIII
OTHER LEAVES OF ABSENCE
Section One. Military
Leave. Military leave shall be granted in accordance with all
applicable laws.
Section Two. Jury Duty.
Upon receipt of the notice of
jury call, an employee shall notify his/her building administrator
or the Director of Special Services, (as applicable) and provide a
copy of said notice. Employees shall be entitled to full pay at
their base rate for absence because of jury duty, less the fee paid
with respect to such jury duty.
Section Three. Workers'
Compensation. Whenever an employee is absent as a result of
injury arising from and in the course of his/her employment and for
which workers' compensation benefits for temporary disability are
due and payable, he/she shall be paid his/her full salary for the
period of such absence, not to exceed ninety (90) days, less the
amount of the workers' compensation payment for said period. Such
absence will not be charged to accumulated sick leave. In
exceptional cases, the Board may continue the above-mentioned
payment beyond the ninety (90) day period, upon request of the
employee and based upon an analysis of the individual case.
Section Four. Other
Leaves of Absence. Other leaves of absence, without salary, may
be granted at the discretion of the Board.
ARTICLE XIV
PARENTHOOD/FAMILY MEDICAL LEAVE
Section One. A leave of
absence without pay for childbirth or adoption may be granted by the
Board upon application by the employee (father or mother), in
accordance with Section Two. If the leave is due to the disability
of the employee, such leave shall be charged to accrued sick leave.
Section Two.
A. Each full-time employee employed by the Board shall be
eligible for up to twelve (12) weeks unpaid leave in a school year
in accordance with the provisions of the Family and Medical Leave
Act of 1993.
B. If the leave is required due to a serious health condition
of the employee that makes the employee unable to perform the
functions of his/her position, accumulated sick leave to which an
employee is entitled shall be substituted for any part of the twelve
(12) week period of leave. For example, an employee with thirty
(30) accumulated sick days (six [6] workweeks) shall use those
thirty (30) days and then would be eligible for six (6) weeks unpaid
leave beyond the thirty (30) days.
Section Three. During the
period of leave taken in accordance with the Family and Medical
Leave Act, the employee shall continue to receive health insurance
coverage on the same terms as if he/she had continued to work.
Section Four. A leave of
absence without pay in addition to that specified in Sections One
and Two above may be granted to an employee at the discretion of the
Board of Education.
Section Five. Application
for leave under the provisions of this Article shall be made in
writing to the Superintendent.
Section Six. An employee who is on leave under the Family and
Medical Leave Act, as provided in Section Two of this Article, shall
continue to accrue sick leave during the period of such leave. Such
leave time may not be used unless and until the employee returns to
work after the expiration of the leave.
ARTICLE XV
GRIEVANCE PROCEDURE
Section One. Purpose.
The purpose of this procedure is to secure, at the lowest possible
administrative level, solutions to grievances regarding the
misapplication or misinterpretation of the provisions of this
Agreement. Both parties agree that these proceedings shall be kept
as informal and confidential as may be appropriate to any level of
the procedure.
Section Two. Definitions.
a. A "grievance" shall mean a complaint by an employee or a
group of employees that his/her/their rights under the specific
language of this Agreement have been violated or that, as to
his/her/them, there is a misinterpretation or misapplication of a
specific provision of this Agreement.
b. "Grievant" shall mean any member of the bargaining unit
or a group of bargaining unit members similarly affected by a
grievance, seeking recourse under the terms of this Article.
c. "Days" shall mean those days designated as student
days on the school calendar when Paraprofessionals are
working, except that during summer recess "days" shall mean
weekdays, Monday through Friday, when the central office of the
school district is open for business.
Section Three. Time
Limits. Since it is important that grievances or disputes be
processed as rapidly as possible, the number of days indicated at
each level should be considered as maximum and every effort should
be made to expedite the process. The time limits specified may,
however, be extended by mutual consent, in writing.
Section Four. Procedure.
a) Level One - Special Services Administrator or Building
Administrator: A member of the unit with a grievance shall first
discuss it with the appropriate special services administrator or
building administrator, either directly or through a Union
representative, with the object of resolving the matter informally.
If the grievant is not satisfied with the disposition of the matter,
he/she shall reduce the grievance to writing and submit it to the
appropriate administrator. Such written grievance must be so
submitted within thirty (30) days from the date of the grievance.
The administrator shall meet with the grievant and, if the grievant
is represented by the Union, a representative of the Union, within
five (5) days of the filing of the grievance in writing. Within
five (5) days of the meeting, the administrator shall give a written
answer to the grievant, with a copy to the Union.
b) Level Two - Superintendent of Schools or Designee: In
the event that the grievant is not satisfied with the disposition of
her/his grievance at Level One, she/he may file a written grievance
with the Superintendent within five (5) days after the decision at
Level One. Within five (5) days after the receipt of the written
grievance by the Superintendent, the Superintendent or his/her
designee will meet with the grievant in an effort to resolve it.
The grievant may be accompanied by a representative of the Union.
The Superintendent shall answer the grievance in writing within five
(5) days after the date of the above meeting, to the grievant with a
copy to the Union.
c) Level Three - Board of Education: In the
event that the grievant is not satisfied with the disposition of the
grievance at Level Two, the grievant may file a written grievance
with the Board within five (5) days after the decision at Level
Two. The Board or a designated representative or subcommittee
thereof shall hold a meeting on the grievance. Any such meeting
shall take place within thirty (30) days after receiving the written
grievance. Within fifteen (15) days after the meeting, the Board
shall answer the grievance in writing, to the grievant with a copy
to the Union.
d) Level Four- Mediation: If the grievance is not resolved,
the Union may submit the matter to a mediator appointed by the State
Board of Mediation and Arbitration for the purpose of helping to
resolve the grievance within ten (10) days after receipt of the
Level Three answer. A copy of this request shall be sent to the
Superintendent.
e) Level Five - Arbitration: Within fifteen (15) days after
the Board's answer at Level Four, the Union (and the Union only), in
its sole discretion, may submit the grievance to arbitration. The
submission to arbitration shall be in writing, to the Connecticut
Board of Mediation and Arbitration, with a copy to the
Superintendent. Each party shall bear its own costs for the
arbitration. The arbitrator shall have no power to add to, subtract
from, alter or modify this Agreement. The arbitrator's decision
shall be final and binding on the parties, provided that either
party reserves the right to move to vacate the award in accordance
with applicable law.
Section Five. The time
limits specified within this Article, except for the initial filing,
may be extended by mutual agreement of the Union and the Board or
its designee, provided that if a grievance is not submitted to a
higher step in the above procedure, it shall be deemed settled on
the basis of the answer in the last step considered.
Section Six. Failure by any
administrator or the Board of Education to render his/her decision
within the specified time limits shall be deemed to be a denial of
the grievance, and the grievance may proceed to the next level.
Section Seven. A grievance
may be initiated at the level where the incident giving rise to the
grievance first occurred. A class action grievance shall be
submitted by the Union at the Superintendent's level.
Section Eight. Step Three
of the grievance procedure may be skipped when there is mutual
agreement between the Board and Union to proceed to mediation in an
effort the get the grievance resolved in a more timely manner.
ARTICLE XVI
INSURANCE AND PENSION
Section One. Health Insurance.
The Board shall offer
the following health insurance coverage for eligible employees and
their eligible dependents:
A. Blue Care POE.
Blue Care POE as outlined in Appendix B, with an
unlimited maximum of prescriptions and prescription co-payments as
follows:
Up to thirty (30) day supply:
Effective as soon as practicable
following the execution the Agreement: $10 for generic, $25 for
listed brand name and $40 for non-formulary brand name drugs.
Ninety (90) day supply by mail order: twice
the applicable co-payment above.
(See Appendix B attached.)
The employee shall pay the following portion
of the cost of an eligible employee and eligible dependents for
enrollment in this health insurance coverage option.
Effective as soon
as practicable upon
execution of the Agreement: 11%
2007-08: 11.5%
2008-09: 12%
B. Century Preferred Plan.
For employees hired prior to July 1, 2000
only, Century Preferred Plan as outlined in Appendix B, with a
$1,500 annual maximum for prescriptions and prescription co-payments
as follows:
Up to thirty (30) day supply:
Effective as soon as practicable following
the execution of the Agreement: $5 for generic, $15 for listed
brand name and $25 for non-formulary brand name drugs
2007-08 and thereafter: $10 for generic,
$15 for listed brand and $25 for non-formulary brand name drugs.
Ninety (90) day supply by mail order: one
times the applicable co-payments above.
(See Appendix B attached.)
The employee shall pay the following portion
of the cost for an eligible employee and eligible dependents for
enrollment in this health insurance coverage option.
Effective as soon
as practicable upon
execution of the Agreement:
13.5%
2007-08: 14%
2008-09: 14.5%
C. Dental Care Plan.
An employee who enrolls in one of the above
medical plans shall also be enrolled in the Dental Care Plan – full
service with dependent rider. The employee shall pay the following
portion of the cost of the eligible employee and eligible dependents
for enrollment in the dental plan.
Effective as soon
as practicable upon
execution of the Agreement:
13.5%
2007-08: 14%
2008-09: 14.5%
Section Two. Life Insurance. The Board shall pay ninety
percent (90%) of the cost of group life insurance coverage for
eligible employees, in the amount of forty thousand dollars
($40,000).
Section Three. Employees
shall be included in a premium conversion plan pursuant to IRC
Section 125.
Section Four.
Eligibility for Insurance. The health insurance benefits of
this Article are voluntary on the employee's part. Employees who
work less than thirty (30) hours per week are not entitled to
participate in the health and life insurance plans of this Article.
This provision notwithstanding, the four employees who were eligible
for benefits during the 1998-1999 school year based on their working
twenty-five (25) or more hours per week shall continue to be
eligible for benefits under this Agreement.
Section Five.
Pension. A bargaining unit employee shall be eligible to
participate in the Pension Plan for Non-Certified Personnel of the
Clinton Public Schools after one (1) year of employment, provided
the employee works one thousand (1,000) or more hours during the
plan year (July 1 to June 30). The method of funding the plan shall
be determined by the Board.
The benefits for bargaining unit
employees under the plan shall be the same as those under the
July 1, 1977, defined benefit pension plan and trust with the
following modifications:
·
Voluntary contributions and
provisions related to such shall be eliminated.
·
All references to life
insurance policies shall be deleted.
·
The retirement benefit
formula will be modified to change one percent (1%) to one and
two-tenths percent (1.2%).
·
The death benefit shall be
equal to the present value of the accrued benefit.
·
Effective September 1,
2007, the employee shall contribute one percent (1%) of earnings to
the pension fund, by payroll deduction.
Section Six.
Change of Carriers. Nothing herein shall be interpreted to
prevent the Board from obtaining coverage that is substantially
equivalent as a whole from alternative insurance carriers, or
through self-insurance, so long as there is no interruption in
coverage, except that the Union may reject any proposed change in
insurance carriers on the basis that coverage is not substantially
equivalent as a whole, within sixty (60) days from notice of such
proposed change. In the event that the Union rejects the proposed
change in insurance carriers, the Board may submit the questions of
whether the proposed insurance coverage is substantially equivalent
as a whole to the present coverage to the American Arbitration
Association, which shall administer the proceedings under the labor
arbitration rules of the Association. The arbitrator's decision
shall be in writing and shall be final and binding. The cost for
the services of the arbitrator shall be borne equally by the Board
and the Union.
Section Seven.
Insurance Participation Upon Retirement. A bargaining unit
member who retires from the Clinton Board of Education and who was
enrolled in the group health insurance plans prior to retirement may
continue to participate in the group health insurance plans
available to active employees at his/her own expense. Participation
in all health plans shall terminate at age sixty-five (65).
A bargaining unit member who retires from
the Clinton Board of Education and who was enrolled in the group
life insurance plan prior to retirement may continue to participate
in the group life insurance plan available to active employees at
his/her own expense. The maximum life insurance coverage available
will be an amount equal to no more than fifty percent (50%) of the
individual's pre-retirement life insurance, which shall be reduced
to a maximum of five thousand dollars ($5,000) at age sixty-five
(65). Participation in the life insurance plan shall terminate at
age 65.
ARTICLE XVII
WAGES
Section One. The salaries for employees covered by this
Agreement are set forth in Appendix A attached hereto and made a
part of this Agreement. During the term of this Agreement, salary
increases shall be as follows:
a. Retroactive to the start of
the 2006-2007 school year, employees shall receive an increase of
3.5 percent. There shall be no step movement for the 2006-2007
school year.
b. Retroactive to the start of
the 2007-2008 school year, wages shall be increased in accordance
with Appendix A of the Agreement. The overall rate of increase for
the 2007-2008 school year shall be 5.3 percent over the rates in
effect for the 2006-2007 school year.
c. Effective at the start of the
2008-2009 school year, employees shall receive an increase of 3.5
percent. There shall be no step movement for the 2008-2009 school
year
The position of Braille
Transcriptionist/Facilitator/Interpreter shall be paid a
differential of $4.50 per hour for all hours worked.
Section Two. New employees shall be hired at such step of the
pay scale as the Board or the Superintendent deems appropriate, but
shall not be hired above the third step.
Section Three.
Steps. An employee who is not at the maximum step of
the salary schedule shall be eligible for step advancement in
accordance with Section One provided:
a. The employee worked in the
school district for at least one-half of the scheduled work days in
the preceding school year.
b. The employee’s service was
satisfactory during the preceding school year.
ARTICLE XVIII
TRAINING AND DEVELOPMENT
Section One. The Board of
Education shall provide a minimum of three (3) hours of in-service
training each school year for Paraprofessionals, at times designated
by the Superintendent. Additional training may be required as
determined by the Superintendent. Employees who are required to
attend such in-service training sessions shall be paid for attending
sessions which are in addition to their regularly scheduled work
hours, at their regular hourly rate.
Section Two. Employees
shall be provided with information and training necessary to the
safe and effective handling of the children with whom they work.
Section Three. An
employee who has a special education student with an IEP providing
for physical restraint shall be provided with training in proper
techniques for physical restraint, with updated training as
necessary or required.
ARTICLE XIX
MANAGEMENT RIGHTS
Section One. Except as
otherwise limited by an express provision of this Agreement the
Board reserves and retains, whether exercised or not, all the lawful
and customary rights, powers and prerogatives of management. Such
rights include but are not limited to: establishing standards of
productivity and performance of its employees; determining the
mission of the school district and the methods and means necessary
to fulfill that mission, including the discontinuation of services,
positions or programs in whole or in part; the determination of the
content of job classifications; the appointment, promotion,
assignment, direction and transfer of personnel; the suspension,
demotion, discharge or any other appropriate action against its
employees; the relief from duty of its employees because of lack of
work or for other legitimate reasons; the establishment of
reasonable work rules; and the taking of all necessary actions to
carry out its mission in emergencies.
Those inherent
management rights not restricted by a specific provision of this
Agreement are not in any way, directly or indirectly, subject to the
grievance procedure.
ARTICLE XX
SAVINGS CLAUSE/PRESERVATION OF RIGHTS
Section One. In the event that any provision or portion of this
Agreement is ultimately ruled invalid for any reason by an authority
of established and competent jurisdiction, the balance and remainder
of the Agreement shall remain in full force and effect.
ARTICLE XXI
MILEAGE REIMBURSEMENT
Section One. If an employee is required to use his/her personal
vehicle for school business, the employee shall be reimbursed at the
rate established by the IRS.
ARTICLE XXII
DURATION
Section One.
This Agreement shall be effective as of the date of its signing, and
shall remain in force and effect until the thirtieth (30th) day of
June 2009. Only those provisions of the Agreement which specify a
retroactive date shall be retroactive.
Section Two.
Either party may notify the other, in writing, of its desire to
bargain collectively with respect to a successor agreement.
However, neither party shall be obligated to take part in any such
negotiations prior to December 1, 2008.
MUNICIPAL EMPLOYEES
UNION CLINTON BOARD OF EDUCATION
INDEPENDENT, LOCAL 506, SEIU,
AFL-CIO
By:___________________________
By:______________________________
Theo Horesko
Deborah T. Grass
Staff
Representative Board
Chairperson
Date:________________________
Date: ___________________________