Secretaries Agreement 2005-2009

PREAMBLE

¶1. This Agreement is entered into by and between the Board of Education of the Town of Clinton, hereinafter referred to as the "Board," and the Municipal Employees Union Independent, Inc., hereinafter referred to as the "Union."

ARTICLE I

RECOGNITION

¶2. The Board recognizes the Municipal Employees' Union Independent as the exclusive bargaining agent for all secretaries and clerical employees of the Clinton Board of Education as per State Board of Labor Relations decision and certification dated October 27, 1989.

ARTICLE I-A

MANAGEMENT RIGHTS

¶3. The Union recognizes that the Board has the full authority of law to manage, control and direct the operations of the school system, subject to the provisions of this Agreement and state statutes.

ARTICLE II

UNION SECURITY

¶4. 1. 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) days from the date of their employment by the Board, as condition of employment, either become or remain members of the Union in good standing or, in lieu of Union membership, pay to the Union a service fee. The amount of service fee shall not exceed the minimum applicable dues payable to the Union.

¶5. 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.

¶6. 2. 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 dues or fees. In addition, the Union shall furnish the Board with a statement signed by the employee authorizing the Board to make dues deductions.

¶7. 3. The deduction of Union dues or 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 or fees to the Union will be accompanied by the list of names of employees from whose wages dues or fees deductions have been made.

¶8. 4. No dues will be deducted from an employee on sick leave who has exhausted accumulated sick leave or while collecting workers' compensation.

¶9. 5. The Union agrees to indemnify and to hold and save the Board harmless against any and all claims, demands and suits that shall or may arise out of or by reason of any action taken by the Board for the purpose of complying with the provisions of this Article.

¶10. 6. The Board shall provide each employee with a copy of the contract within thirty (30) days after the signing of the Agreement.

¶11. 7. New employees shall be provided with a copy of this Agreement when they are hired.

¶12. 8. 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 this Agreement.

¶13. 9. Union representatives shall be permitted to enter any of the schools with approval of the building principal for the purpose of discussing, processing or investigating grievances with twenty-four (24) hours notice, except for emergency situations.

¶14. 10. 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.

¶15. 11. One Union designated bargaining unit member or Steward shall be released with pay for up to two (2) days per contract year for MEUI training, conventions, etc. Advance notice shall be given to the employee's supervisor and the Superintendent.

¶15A. 12. Within thirty (30) days of hire, the Board shall provide the Union with the name and work location of any new employee covered by the collective bargaining agreement.

ARTICLE III

NON-DISCRIMINATION

¶16. 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, or present or past history of mental disorder, political or labor affiliation.

ARTICLE IV

HOURS OF WORK AND OVERTIME

1. Twelve-month Secretary.

¶17. a. The hours of work will be seven and one-half (7½) hours per day. In addition, the secretary shall have a thirty-minute unpaid lunch period.

2. Ten-month Employees.

¶18. a. During the school year, the hours of work will be at least five (5) hours per day, excluding a 30-minute lunch period. Those secretaries presently receiving a 60-minute lunch period will continue with such lunch period during the term of this Agreement.

¶19. b. During the summer recess and school vacations, the hours of work for such employees will be five (5) hours per day, excluding a sixty (60) minute lunch period.

¶20. c. The basic work year for ten-month secretaries includes the 180 student attendance days. Ten-month secretaries may be assigned additional days of work as needed by the school district. The maximum number of days to be worked during the year will be 210 days (exclusive of holidays). Employees shall be notified of the number of additional days of work for the coming school year not later than July 15 unless the budget for the district has not yet been established, in which case the date for notification may be extended accordingly. Normally, the additional days shall be worked before and after the student school year. If a secretary will be assigned to work during a school vacation period, he/she will be given at least thirty (30) days notice. If he/she is unable to work the school vacation assignment due to other commitments, she may have another secretary work in that assignment provided there is prior notification to and approval in writing by the supervising administrator and the Superintendent.

¶21. d. The schedule for ten-month employees will provide a minimum of three (3) consecutive weeks during the summer vacation when the employee is not scheduled to work.

¶22. 3. Ten-month Clerk. Works days on which school is in session and will work at least three (3) hours per day.

¶23. 4. Summer hours shall begin the day after school closes and end the day school begins.

¶24. 5. Nothing herein prohibits the Board of Education or its designee from changing the hours of work of any employee.

¶25. 6. For purposes of this Agreement, full time employment is defined as working thirty (30) or more hours per week, except for the employee grandfathered under Article XI, Section 5.

7. Overtime.

¶26. a. Time and one-half shall be paid for all work performed in excess of forty (40) hours per week.

¶27. b. Time and one-half shall be paid for all work performed in excess of eight (8) hours in one day, provided the employee has obtained approval for the additional hours from the Superintendent or his/her designee.

¶28. c. When a paid holiday, as hereinafter defined, falls during a work week, it shall be included as hours worked in determining overtime.

¶29. d. 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 hours. If the hours worked are fewer than forty (40) in a week or eight (8) in a day, the compensatory time will be at straight time. If the hours worked are overtime hours as defined in a and b above, the compensatory time will be at one and one-half (1 1/2) hours for each additional hour worked. The Superintendent or his/her designee must approve the substitution of compensatory time for cash payment and at no time may an employee have more than three (3) days' worth of compensatory time accrued. An employee who wishes to take accrued compensatory time must receive the approval of his/her supervisor at least one week in advance.

¶30. 8. The Board of Education agrees to make a good faith effort to notify employees as soon as possible of permanent schedule changes or transfer between work sites. At least two (2) weeks notice shall be given, unless there is a need which could not be anticipated by the Superintendent.

¶31. 9. Employees who are interested in the opportunity for work during the summer or during school vacations shall so notify the Superintendent's office. Such notice will be in writing. For work opportunities during school vacations the notice shall be given not later than September 1; for work opportunities during the summer, the notice shall be given not later than April 1. When opportunities for special assignments which are not part of another employee's ordinary work arise, the immediate supervisor shall offer the work first to an employee in the school where the work occurs and next to the most senior employee from another school, provided that these employees are qualified to perform the work.

¶32. 10. Employees who are required to attend staff days shall be paid for time worked on those days, provided that attendance has been approved in advance in writing by the Superintendent or his/her designee.

ARTICLE V

SENIORITY

¶33. 1. The Board shall prepare a list of all employees covered by this Agreement, showing their date of hire with the Board, and deliver the same to the Union office on October 1st of each year. Unless the Union files any objections with regard to the list with the Superintendent's office within thirty (30) days of delivery, the list shall be deemed correct in all its aspects.

¶34. 2. 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) days, during which period the Board may terminate such person without such action being subject to the grievance procedure as set forth in Article XI hereof. If, at the end of this period, the person's work is considered to be satisfactory, the person shall be deemed to be a permanent employee of the school district and seniority shall date from the first day worked. An employee who does not successfully complete his/her first ninety (90) days shall be entitled to a conference with the Superintendent or his/her designee to discuss reasons for such failure.

¶35. 3. Seniority shall be defined as an employee's total service with the Board within the bargaining unit from date of last hire, including all authorized paid leaves of absence, providing the employee returns to work immediately at the conclusion of such leave. A ten-month work year will be counted the same as a twelve-month work year for purposes of seniority.

¶36. 4. Seniority will continue to accrue while an employee is receiving workers' compensation benefits.

ARTICLE VI

VACANCY

¶37. 1. Job vacancy is defined as an opening designated as a vacancy by the Board of Education and which is created by a death, retirement, resignation, dismissal, or new position in the classifications listed in the salary schedule.

¶38. 2. All job openings covered by this Agreement shall be posted within three (3) working days of the vacancy created. Postings shall be in each school and at the office of the Board of Education for seven (7) calendar days and the Union will be notified of the vacancy. No position will be filled until the posting period has closed.

¶39. 3. Employees desiring to apply for a transfer to a vacant position shall file an application, in writing, within the posted time limits.

¶40. 4. In the event that the two top candidates for a job vacancy are equal in qualifications and one or both candidates are from within the bargaining unit, the vacancy will be awarded to the candidate with the most seniority.

ARTICLE VII

LAYOFF AND RECALL

¶41. 1. If a bargaining unit position is eliminated, the least senior employee in the affected job classification shall be laid off. If the position eliminated is not occupied by the least senior employee in the classification, the employee in the position eliminated shall displace the least senior employee in the classification. A temporary employee doing secretarial work in a school shall be dismissed prior to layoff of a bargaining unit school secretary.

¶42. 2. 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 job classification from which she was laid off. Notice of the opportunity for reemployment shall be sent by certified mail. If the employee on the recall list does not respond within ten (10) calendar days at the date of the notice, the right of recall shall be forfeited. Further, if the employee on the recall list is not available to commence reemployment within fifteen (15) calendar days of the recall notice, recall rights shall be forfeited.

¶43. An employee on the recall list shall be offered any temporary or substitute work within the classification (normally by telephone call). If the employee on the recall list is not available for the temporary or substitute work when it is needed or cannot be reached, there shall be no obligation to hold the assignment for the individual. Refusal or unavailability for temporary or substitute work shall not be the basis for forfeiture of recall rights.

ARTICLE VIII

PERSONNEL RECORDS

¶44. 1. An employee covered hereunder shall, on his/her request, be permitted to examine and copy any and all materials in his/her personnel file. The Union may have access to any employee's records upon presentation of a written authorization signed by said employee.

¶45. 2. The employee will receive a copy of material placed in his/her file concerning job performance. At any time, an employee may file a written rebuttal to said material and may request that said material be reviewed by the Superintendent or his/her designee for the purpose of considering the removal of such material.

ARTICLE IX

LEAVE PROVISIONS

1. Sick Leave.

¶46. a. Twelve-month secretaries shall receive sick leave with full pay of fifteen (15) days per year with an accumulation of 180 days of unused sick leave.

¶47. b. Ten-month secretaries shall receive sick leave with full pay of fifteen (15) days per year with an accumulation of 150 days of unused sick leave.

¶48. c. Ten-month clerks shall receive sick leave with full pay of ten (10) days per year with an accumulation of 80 days of unused sick leave.

¶49. d. Sick leave may be used for (a) personal illness or injury, or (b) necessary dental or medical treatment. 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.

2. Personal Leave.

¶50. a. An employee shall be entitled to up to three (3) days of personal leave each year. Personal leave may not be taken to extend a holiday or school vacation.

¶51. 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.

¶52. 3. Bereavement Leave. In addition to personal leave, an employee shall be entitled to up to two (2) days of bereavement leave for up to two (2) occurrences per year. 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.

¶53. 4. Leave Increments. Sick leave, personal leave and bereavement leave shall be used in increments of three (3) hours or the length of the employee’s work day, whichever is less.

¶54. 5. Workers' Compensation. Whenever an employee is absent from school as a result of injury or assault arising out of 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 for said period. Such absence will not be charged to annual or accumulated sick leave.

¶55. In exceptional cases, the Board may continue the payment, as provided in the above paragraph, beyond the ninety (90) day period, upon request of the employee and based upon an analysis of the individual case. If the Board refuses to grant such additional payments, an employee may elect to use a portion of accumulated sick leave.

¶56. 6. Jury Duty. 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 duty.

7. Payment for Sick Leave on Separation.

¶57. Upon the voluntary termination of employment, retirement or death of any employee who has completed ten (10) years with the Board, he/she or the legal representative of his/her estate shall be compensated at the employee’s applicable wage rate for twenty-five percent (25%) of the total accrued and unused sick leave.

¶58. Compensation for each day of unused sick leave shall be based on the average of the employee’s regularly scheduled daily hours for the five (5) years prior to termination, retirement or death.

ARTICLE X

GRIEVANCE PROCEDURE

1. Purpose.

¶59. The purpose of this procedure is to secure, at the lowest possible administrative level, solutions to grievances regarding misapplication and misinterpretation of the contract agreement.

2. Definitions.

¶60. 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 him/her/them, there is a misinterpretation or misapplication of the specific provisions of this Agreement.

¶61. 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.

¶62. c. "Days" shall mean week days, Monday through Friday, when the central office of the school district is open for business.

3. Time Limits.

¶63. a. If a grievance, in writing, is not filed within fifteen (15) days after the grievant first knows or should have known of the act or conditions on which the grievance is based, then the grievance shall be considered to have been waived.

¶64. b. The time limits specified within this Article, except for the initial filing, may be extended by mutual agreement of the Union and 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.

¶65. c. 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 shall proceed to the next level.

4. Level One - School Principal/Immediate Supervisor.

¶66. a. If an employee feels that he/she may have a grievance, he/she and/or his/her Union steward or Union representative may first discuss the matter with his/her principal or other appropriate administrator in an effort to resolve the problem informally.

¶67. b. If the employee is still not satisfied with the disposition of the matter, he/she shall reduce the grievance to writing and submit it to the principal or other appropriate administrator. The principal shall, within five (5) days of the filing of the grievance in writing, give a written answer, with a copy to the Union.

5. Level Two - Superintendent of Schools.

¶68.

COLLECTIVE BARGAINING AGREEMENT

CLINTON BOARD OF EDUCATION

ARTICLE VIII