Local 244 – CMSD Contract Digest

CAUTION:This is a summary of Articles and provisions of the District’s collective bargaining agreement with the City, County and Waste Paper Drivers Union, Local 244, Affiliated with the International Brotherhood of Teamsters. Details and nuances are by necessity omitted. Reference to this summary is not a substitute for review of the actual contract provisions in their entirety. Furthermore, reference to this summary and any notes herein isNOT a substitute for legal advice and shall not be construed as legal advice. If you have questions or concerns, consult with legal counsel.

Article 1 Purpose

Provides fair and reasonable means for bargaining unit members through the Union to participate in establishing terms and conditions of employment; providespeaceful procedure for resolving disputes.

Article 2 Recognition

Union recognized as exclusive representative for all 10 and 12-month CMSD truck drivers who are not currently members of a different bargaining unit.

Article 3 Non-Discrimination

Section A: Parties’ recognize their State and Federal legal responsibilities and mutually commit to refrain from any form of unlawful discrimination.

Section B: District recognizes right of all employees to join or to refrain from joining the Union. Parties mutually agree not to engage in adverse actions against any employee or applicant for employment because of Union membership status.

Article 4 Dues Deduction

Section A: provides for deduction of Union dues and payment of a “fair share service fee” equal to dues by non-union members working in bargaining unit.

Section B(1) through (4): Providedetails of dues and fee deductions. District stops deducting when authorization revoked, employment terminated, or employee leaves bargaining unit.

Article 5 Management Rights

District’s sole and exclusive retained management rights listed in nine paragraphs lettered (A) through (I).

Essentially, the District has the right to manage operations in any lawful manner not in violation of express terms of the parties’ Agreement.

Article 6 No Strike

Section A: Union commits to not engaging in any form of strike, slowdown or work stoppage. Lists eight specific actions Union agrees to refrain from.

Section B:Violations of Section A “shall be proper cause for discharge or other disciplinary action by the District.”

Section C: Union commits to actively discourage and to take actions to prevent or terminate any violation of Section A. Section limits the authority of shop stewards.

Article 7 Bulletin Boards

Union has right to use a bulletin board provided postings: (1) are for official Union business; (2) are not political, controversial, or critical in nature; and, (3) upon Supervisor request Union immediately removes any posting that violates (1) and (2).

Article 8 Union Representation

Section A: Identifies Union Representatives in grievance matters as “stewards.”

Section B: Stewards may discuss grievances with employee and supervisor during last one-half hour of the shift.

Section C: Stewards may ask for a Union representative for their own grievances.

Section D: Permits stewards upon at least forty-eight (48) hours advance written request to take up to five (5) unpaid working days off without loss of seniority to attend labor conventions or “serve in any capacity on other official Union business.” Allowed “without discrimination”“subject to the District’s ability to operate efficiently.”

Section (E): Union may use District buildings to meet if approved and available.

Article 9 Discipline

Section A:Just cause required to discipline, demote, suspend, or discharge.

Section B:Progressive discipline required;lower penalties may be bypassedfor serious offenses.

Section C:twelve (12) step disciplinary procedure:

  1. Administrator conducts and completespreliminary investigation and notifies employee of determination withintwenty (20) days of becoming aware of possible disciplinary infraction.

If determinedthere has been a disciplinary infraction that may lead to suspension without pay or termination matter proceeds to a fact finding.

  1. Fact finding hearing held by appropriate Deputy Chief or Executive Director.
  1. Employee and Union to receive notice of the allegations, right to Union representation, and copies of any written evidence related to allegations.
  1. Fact finding hearing to be held within reasonable time after employee and Union receive written notice of the allegations, but not less than forty-eight (48) hours.
  1. Employee entitled to meaningful opportunity to respond to allegations.
  1. Deputy Chief or Executive Director must notify employee and Union of recommendation on discipline not later than ten (10) days after fact finding hearing.
  1. If termination or suspension without pay recommended,CEO or designee reviews evidence to determine whether recommended discipline is warranted.
  1. CEO makes any recommendation of termination or suspension without pay at next scheduled meeting of District Board of Education.
  1. Board may adopt or modify but may not increase CEO’s recommended penalty.
  1. Board required to notify employee and Union of its decision.
  2. Termination or suspension without pay is effective immediately provided that suspensions of less than thirty (30) days are not imposed until the grievance procedure including arbitration is exhausted, except for reasons of mental or physical incapacity or suspected criminal or moral violations.
  1. Discipline may be appealed through the grievance procedure.

Employees may not be disciplined for refusing to answer questions when the answers might incriminate them (Garrity rights.)

Employees have the right to Union representation during investigatory interviews pertaining to potential discipline (Weingarten rights.)

Note: all bargaining unit members have the right to Union representation during investigatory interviews even if they themselves are not being investigated.

Article 10 Grievance Procedure

“Grievance” is any matter concerning interpretation, application, of alleged violation of the Agreement. Defines “days” as calendar days and “work days” as Monday through Friday except holidays.

Note: Care should be taken to correctlycalculate time limits based on specified numbers of “days” or “work days.”

Specified days are maximum number of days. Time may be extended by mutual agreement. Time requested is deemed agreed to unless other party objects in writing within five (5) days.

District must comply with time limits within ten (10) days or any grievance action by District will be automatically dismissed. Union must comply with time limits within ten (10) days or any grievance will be automatically dismissed.

Union gives notice to District to the hearing officer at next step of the grievance procedure. District gives notice to Union President.

Employees have right to Union representation at all stages of the grievance procedure.

Employees have right not to answer questions when answers might be incriminating (Garrity rights.) See, also Article 10 Section 12. Employee has right to legal counsel of own choosing at own cost. Union has right to be present at all stages.

Thirty (30) day time limit to file a grievance from time aggrieved party knew or should have known about event giving rise to the grievance. After that grievance considered waived unless continuing in nature.

Article 10 spells out FOUR Step Grievance Procedure.

STEP ONE: grievances initiated in writing with Executive Director of Food Services. If against Executive Director of Food Services grievance can be filed with Director of Labor Relations or grievant can start at STEP TWO. Grievances have to be filed within thirty (30) time limit. Grievances have to be answered in writing delivered to Union and grievant within six working days of hearing, must explain reasoning.

STEP TWO: grievance may be appealed to Director of Labor Relations within six (6) working days if STEP ONE answer unsatisfactory. If STEP ONE answer is late Union or employee have option to wait or proceed to STEP TWO. District can postpone a decision with written notification to Union with a mutually agreed timeline to render decision. Director of Labor Relations has to hold a STEP TWO hearing within six (6) working days. Both sides can present evidence and testimony, provided District can support termination only through witnesses, excluding students, where possible. STEP TWO response must be sent to Union and grievant within ten (10) working days,must state specific grounds, evidence, and reasoning.

STEP THREE:multiple numbered paragraphs treatmediation. Grievances not resolved at STEP TWOmust be mediated before arbitrated. Single mediator selected by agreement or through FMCS. Two Union representatives, all necessary witnesses receive regular pay, held during working hours. Suspensions or terminations have priority in scheduling. Parties request mediation from FMCS, notify FMCS where/when they have arranged to hold mediation, NOT a substitute for grievance procedure. Grievant entitled to attend. Contractual time limits waived. Informal, no record, mediator’s notes confidential. Mediator may meet together or alone with parties, no authority to compel resolution,may provide spoken advisory opinion in joint or separate session. If unsuccessful may proceed to arbitration. Nothing said during or documents prepared for mediation may be used in arbitration.

Expedited Grievance Procedure permits employees suspended for ten (10) working days or less to skip STEP ONE and file written request for a STEP TWO hearing before Director of Labor Relations, which shall be held within forty-eight hours of filing.

STEP FOUR:

(A)Union has the right to submit a grievance unresolved at Step Two to arbitration by notifying the District within thirty (30) work days of the date Step Two answer is received by grievantthat matter will be arbitrated. Arbitrator fees and expenses and cost of arbitration are borne equally by the parties. “The Union shall pay for its arbitration witnesses.”

(B)Arbitrator issues written decision and award final and binding on the parties. Arbitrator prohibited from making any decision or award adding to, subtracting from, or modifying any provision of Agreement or that is contrary to law.

(C)Held in Cuyahoga County.

(D)Arbitrator selected through the FMCS.

  1. Union may ask for expedited arbitration of any non-class action issue for which the District may immediately impose discipline. Parties contact FMCS within twenty-four (24) hours. Upon parties’ mutual request, decision to be issued within seven (7) days of hearing. Parties may mutually agree to choose another expedited procedure.
  2. Class actions may be submitted to expedited arbitration by mutual agreement.
  3. Grievance impacting five (5) or fewer bargaining unit members is non-class action.

Arbitration provision supersedes and prevails over any Civil Service procedure.

Article 11 Probationary Period

  1. One Hundred Twenty (120) working days. District retains sole discretion to discipline or discharge new employees without employee recourse.
  1. Employee discharged or quitting during probationary period and later rehired is considered a new employee subject to Section A.

Article 12 Seniority

  1. For layoffs measured by uninterrupted continuous service with CMSD as member of bargaining unit. No seniority accrues during probation but retroactive to date-of-hire once completed.
  1. District to provide Union updated seniority list every six (6) months. Seniority broken by (1) quitting or resigning; (2) discharge for just cause; (3) lay-off for more than twenty-four (24) months; or (4) failure to return when recalled from layoff within three (3) working days of proper certified mail notice.

Article 13 Route Assignment

Local 244 has right to input into development and scheduling of routes before assigned to drivers. After development, management alone controls.

Article 14 Hours of the Week

  1. Normally 7:00 a.m. to 5:00 p.m. for forty (40) hours in five (5) days of eight consecutive hours. District can modify upon 14 days written notice to employee.
  1. Half-hour lunch daily, scheduled by management.
  2. Section does guarantee hours. District reserves scheduling rights.

Article 15 Overtime-Premium Pay

Time and one-half (1-1/2) for hours in excess of eight in a day, forty in a week, and for all hours worked on Saturday or Sundays. District alone determines necessity. No pyramiding of overtime.

Illustration of pyramiding/prohibition: Employee works ten hours Monday through Thursday, thus working forty (40) hours: 32 regular and 8 overtime. Employee works ten hours Friday. Employee is paid 40 regular hours pay plus 10 overtime hours NOT 32 regular hours plus 8 overtime hours for Monday through Thursday plus 10 overtime hours for hours worked on Friday. The latter calculation is prohibited “pyramiding.”

Article 16 Ten and Twelve-Month Positions

Article 16 has twenty-two numbered paragraphs.

1-4: Twelve-month employees hired prior to July 1, 2007 are “red circled” for as long as in current position; when eligible for recall from layoff these employees are eligible for “red circled” or 12-month positions subject to 12-month conditions. Hourly pay rates specified.

Note: “red circling” refers to being at the highest rate for the position.

5-7: 8 hour days and 40 hour weeks for both 10- and 12-month employees; standard work year for 10-month employees is regular school year.

8: Ten (10) paid holidays for 12-month employees, nine (9) paid holidays for 10-month employees. Employee must work day before and day after holiday.

9: Note: this paragraph not numbered and contains a contextual error. The intended meaning of this paragraph is that 12-month positions include the regular school year unless District deems that no longer essential.

10: Twenty-six (26) payments of annual pay.

11: 10- and 12-month employees only eligible for Kaiser medical insurance coverage.

12: Sick leave accrues at 1.25 days per month.

13: Vacation prorated for 12-month employees hired after September 1987. No vacation during when students or teachers in attendance. Vacation may be used to maintain compensation during winter/spring breaks. Carryover of vacation not used during fiscal year requires prior District approval. 10-month employees: See Article 23, H.

14: All Union employees accrue three (3) special privilege days per year, prorated for 10-month employees. Shall be granted subject to approval.

15-17: District can bid 12-month positions to private sector. Union has right to compete. District alone decides means of accomplishing required work. Union has no right to the work and cannot grieve or resort to SERB.

18: Extra work goes first to most senior employees. Least senior employees laid off first.

19: District does not have to justify releasing probationary employees.

20: Progressive discipline not required but District discipline shall be reasonable.

21: All employees hired after June 30, 2007 shall be 10-month employees.

22: Employees must keep their contact information (home address and phone number) current with Human Resources. P.O. box unacceptable.

Article 17 Sick Leave

Nine lettered sections.

  1. Accrues 1.25 days per month to maximum of 15 days; 10-month employees accrue 12.5 days.
  1. Unused sick leave cumulative without limit.
  1. May be used upon approval for illness, injury, communicable disease; also death of immediate family members.
  1. One dayauthorized (if necessary more may be approved) to attend funerals of other family members.
  1. Upon return employees must submit signed written statement of justification of use. District can require physician’s certificate if abuse is suspected or to confirm wellness to return to work.
  1. Part-time employees accumulate sick leave at same rate as full-time.
  1. At managementdiscretion, up to five (5) days sick leave may be advanced within current yearto new employees or existing employees who have exhausted sick leave. Days advanced must be earned during remaining school year. Unearned sick leave charged to employee with loss of pay at end of the school year or upon termination of services.
  1. District and Union agree to follow Attendance Policy attached as Appendix B.

Article 18 Assault Leave and Transitional Work Program

Two lettered paragraphs, first consists of five paragraphs.

  1. Employees unable to work due to assault in course of employment or while performing official District duties remain on full pay status for time provided in paragraph B without loss of sick leave, provided assault reported in writing within twenty-four (24) hours and employee immediately files for workers’ compensation.

As conditions to be eligible for assault leave employeesmust:

seek medical attentionas soon as reasonably possible;

immediately report the assault to the appropriate manager; and,

complete an incident report and assault leave form.

Physician’s certification of nature of disability and anticipated duration required. Falsification of signed statement or physician’s certificate is grounds for termination.

If more than five (5) days, District appointed physician may review and examine employee at physician’s discretion.

District will equalize pay of employees whose assaults are covered by Workers Compensation forlonger of six months or duration of the school year. If that reduces workers compensation payments District will make up difference.

  1. Employee shall be granted up to three (3) calendar months assault leave; if claim from assault approved by BWC leave shall be granted for longer of six months or the duration of school year. After that workers compensation only. District and Union agree to follow Transitional Work Program, Appendix C. Transitional Work Policy is attached as Appendix D.

Article 19 Special Privilege Leave

Four lettered paragraphs.

  1. Seven numbered reasons for which up to three (3) days special privilege may be requested and consideration will be given, including family emergencies.
  1. May be used in one-half (1/2) day increments.
  1. Except for emergencies request to go to supervisor well in advance of date.
  1. Sixnumbered details under caption “Unrestricted Special Privilege Leave”:
  1. Not to be taken during or before two (2) weeks of student attendance, last ten (10) working days of school year, or days before or after paid holidays or vacation periods.
  2. Emergency requests during periods in 1 above may be approved.
  3. Other than emergencies special privilege days need not be approved, explained, or documented. Two drivers cannot take on the same day. Approved on first come basis.
  4. Applicants must give five (5) days notice; approved notice must be on file with payroll to get paid.
  5. If unused, rolls into sick leave.
  6. May be taken in full or half day increments.

Article 20 Severance

Six lettered paragraphs.

  1. Employees with ten (10) or more years’ service with CMSD at time they retire under appropriate state retirement system may elect to receive cash payment of one-fourth (1/4) the value of their accumulated unused sick leave up to a maximum of thirty (30) days pay.
  1. Employees working less than a full-time schedule receive payment of appropriate number of days based on average work day.
  1. Average daily rate used, all forms of additional or supplemental compensation excluded.
  1. Only paid to employees who submit written notice to District on such forms as prescribed by Deputy Chief of Human Resourcesprior to earlier of date of retirement or last day in earning status.
  2. Receipt extinguishes all future claims to accumulated unused sick leave.
  1. Payment made only once in January of year following year retirement becomes effective.

Note:EMPLOYEES RETIREONE TIME ONLY, from the appropriate state retirement system NOT CMSD. Severance is paid ONE TIME ONLY, at the time of retirement. If an employee retires and receives a severance payment, then is rehired and works ten or more additional years they are NOT entitled to and will NOT be paid another severance payment when they separate from post-retirement reemployment.