SEIU / 1199 –CMSD Contract Digest
ARTICLE I- RECOGNITION
Section 1. The Union is the exclusive bargaining representative in all matters concerning salaries, fringe benefits, hours of work and all other conditions of employment for:
All cleaners; all cafeteria workers, including lunchroom attendants, but not lunchroom managers; all junior and senior library aides; maintenance men; all clerical positions below and inclusive of the classification of Data Processing System Analyst I; and such additional classifications in which the majority of employees request representation of the Union.
Section 2. New Job Classifications. The District must notify the union of any new, non-certified job classifications that fall under Section 1 jobs. The Union will have an opportunity to include those employees in its Union. The Agreement will apply to the new employees, with new rates of pay to be negotiated by Union and District.
ARTICLE II - UNION SECURITY, DUES DEDUCTIONS, C.O.P.E. DEDUCTIONSAND FAIR SHARE FEES
Section 1. All employees covered by this Agreement must either Union members or pay fair share fees through payroll deduction. Employees must either become member or pay fair share fees on the 60th day of employment. Fair share fees shall be no greater than Union dues.
Section 2. For purposes of this Article, an employee shall be considered a member of the Union if the employee tenders to the Union periodic dues and initiation fees through payroll deduction.
Section 3. An employee in the bargaining unit that has failed to become or remain a member in the Union or to pay fair share fees shall be immediately discharged upon written demand by the Union to the District.
Section 4. With employee authorization, the District will deduct dues and fees from employee wages and remit the fund to the Union. Initiation fees will be deducted in two consecutive months beginning with the pay period after receipt of the authorization. Fair Share fee deductions shall equal the amount of dues and begin after sixty (60) calendar days. Deduction will continue as the employee works for the District in a job covered by the Agreement unless the authorization is revoked. Deductions will not be made where an employee has not made enough income to cover the value of the deduction.
Section 5. The District will give the Union the deducted dues and fees as well as payroll information for the previous payroll period.
Section 6. The District will provide the Union with monthly electronic updates on new hires, terminations, leaves of absences , and address changes of employees.
Upon request, the District will give the Union an electronically alphabetized list of employee information.
Section 7. The District assumes no obligations beyond administrative costs arising out of this Article. The Union will indemnify and hold the District harmless from any action by an employee relating to Union deductions made by the District.
Section 8. With written authorization, the District may deduct wages for the Unions political action fund. The District will give documentation of these deductions to the Union.
ARTICLE III - NON-DISCRIMINATION
Neither the District nor the Union may discriminate in any manner relating to employment on the basis of race, color, creed, national origin, sex, age or handicaps, or on the basis of Union membership or lawful union activity.
ARTICLE IV - EXCLUSIVE DUES CHECKOFF AND FAIR SHARE FEES
The Union has the exclusive right to dues or Fair Share Fees withheld by the District from the pay of the employees in its bargaining unit.
ARTICLE V - LABOR MANAGEMENT COMMITTEE
Section 1. A Labor Management Committee shall be established to discuss matters of mutual concern between labor and management.
Section 2. The Committee shall consist of not more than four (4) representatives of the District and not more than four (4) representatives of the Union.
Section 3. Unless the Union or District chooses not to meet, the Labor Management Committee will meet monthly, during non-working hours unless otherwise mutually agreed. The parties will submit agendas to each other at least five (5) days before the meeting. Grievance disputes will not be discussed.
Section 4. Meeting results have no effect on the terms of the Agreement.
Section 5. A third party may attend the meetings by mutual agreement of the parties.
ARTICLE VI - VACATION
Section 1. All employees will receive the vacation with pay as designated by Section 2. No ten-month employee is eligible for vacation.
Section 2. Twelve-month employees hired prior to September 1, 2000, shall accrue vacation as follows:
SERVICE VACATION PER MONTH OF SERVICE
Less than 4 years 1.25 days (12 months = 15 days)
From 4 - 12 years 1.83 days (12 months = 22 days)
From 12 – 15 years 1.92 days (12 months = 23 days)
From 15 - 16 years 2.00 days (12 months = 24 days)
Beyond 16 years 2.08 days (12 months = 25 days)
Twelve month employees hired after September 1, 2000, shall accrue vacation as follows:
SERVICE VACATION PER MONTH OF SERVICE
Less than 1 year 0 days
From 1 – 7 years .83 days (12 months = 10 days)
From 7 – 15 years 1.25 days (12 months = 15 days)
Beyond 15 years 1.67 days (12 months = 20 days)
Section 3. Twelve (12) Month Employees. Twelve-month employees accumulate vacation for each month in active pay status. Vacation time accumulates July 1 through June 30. Each July 1, employees have available vacation time that accumulated the previous year. Twelve (12) month employees are permitted to carry-over accrued but unused vacation time.
Section 4. Ten (10) Month Employees. Any employee hired on or after July 1, 2013 for a ten-month position shall not be entitled to vacation time or vacation pay while he/she holds that position. If awarded a twelve-month position, the employee will accrue vacation in accordance with that contract. In calculating vacation, the employee will be credited for his/her years of District service.
Any ten-month hourly employee as of June 30, 2013 shall have vacation eliminated and shall receive no more vacation. The value of the vacation as of June 30, 2013 shall be incorporated into the employee’s hourly rate.
If a ten-month salary employee as of June 30, 2013, shall have vacation will be eliminated and shall receive no more vacation. The value of the vacation as of June 30, 2013 will be incorporated into his/her base salary thereby becoming his/her annual salary. If the employee becomes a twelve-month employee, their base wage will be adjusted to eliminate the vacation conversion.
Section 5. General Information. Only twelve (12) month employees are eligible for vacation payment and accrual. Playground and community center employees, student employees, resident tutors, lunchroom attendants, breakfast aides, and ten-month employees do not receive vacation benefits.
Vacation-eligible employees who work less than eight hours per day will receive prorated vacation hours.
An employee must work fifteen calendar days in a month, including qualifying weekends and holidays to receive credit for that month’s service.
At the end of the annual accumulation period, days of accumulated credit will be rounded to the nearest whole number.
An employee does not earn vacation during any month that he/she is not in pay status.
All vacation allowances will be paid on regularly scheduled pay dates.
Holidays occurring within a vacation period will not be counted as vacation days.
Vacation is not earned for supplemental assignments such as night school or summer school appointments.
Earned will be paid to employees upon the termination of employment, unless the employee failed to work for six months, in which case vacation paid to the employee will be deducted or otherwise recovered.
The employee’s date of hire as a permanent employee of the District, shall be the date utilized in determining the vacation accrual rate.
Upon advance written request, approval may be given for vacation of less than three (3) days’ duration where unusual circumstances may warrant such approval.
ARTICLE VII - LEGAL AND DECLARED HOLIDAYS
Section 1. Employees in pay status who actually works the days immediately before and after the holiday shall receive holiday for:
New Year’s Day (January 1)
Martin Luther King, Jr. Day (the third Monday in January)
President’s Day (the third Monday in February)
Memorial Day (the last Monday in May)
Independence Day (July 4th)*
Labor Day (the first Monday in September)*
Discoverer’s Day (if Veterans Day lands Tues-Thurs)
Veteran’s Day (the 11th of November, if lands Fri-Mon)
Thanksgiving Day (the fourth Thursday in November)
Thanksgiving Friday (the day following Thanksgiving Day)
Christmas Day (December 25)
In years when Veteran’s Day is not officially observed, bona fide veterans may utilize a special privilege day to participate in Veteran’s Day events.
Section 2. If New Year’s Day, Independence Day, Veteran’s Day and/or Christmas Day occur on a weekend, the nearest work day will be observed as the paid holiday.
Section 3. Any Monday which may immediately precede or any Friday which may immediately follow New Year’s Day, Independence Day and/or Christmas Day will also be granted as a paid holiday.
Section 4. Regular employees working on Good Friday and/or the day before Christmas, will be given one-half (1/2) of their regularly appointed daily hours as holiday pay. When such early release occurs, regular employees not scheduled to work on those days will be given one-half (1/2) of their regularly appointed daily hours as holiday pay provided they are in pay status and actually work on the work days immediately before and after the holiday.
ARTICLE VIII - SICK LEAVE WITH PAY
Section 1. Each current regular employee shall be credited with paid sick leave at the rate of .75 days per pay period for the first twenty (20) pays during the school year up to a maximum of fifteen (15) days. Unused sick leave shall be cumulative without limitation.
Section 2. Paid sick leave is only for pregnancy-related leave, actual sickness or injury, confinement by reason of contagious disease, or visits to a doctor or dentist for medical care of the employee or his/her immediate family.
Section 3. Employee must submit a sick leave form within three work days of returning to work. Leave of greater than three (3) consecutive days of work require a written doctor’s statement.
Section 4. District may require a certificate from a licensed physician upon return to work from paid sick leave if the District suspects sick leave abuse, or to confirm the wellness of the individual to return to work.
Sick leave exceeding three (3) consecutive days of work requires written verification from a certified health care provider including contact information for the health care provider, the date the medical condition began, and the date upon which the employee can return to work. Sick leave to care for a family member requires a statement of the care needed a care duration estimate, and either the dates of planned leave or the estimated frequency.
Application for sick leave to be used where the employee anticipates that he or she will be absent more than five (5) days, shall be applied for thirty (30) days in advance, or as soon as reasonably possible.
Medical appointments should be scheduled outside of the regular school/work day whenever possible.
Section 5. Part-time employees accumulate sick leave at the same rate as full-time employees, but only while working their regularly appointed hours.
Section 6. Employees may be advanced up to five (5) days’ paid sick leave within the current year to be recovered during the remainder of the school contract year as sick leave is earned.
Section 7. Night and summer school employees represented by the Union may use sick leave at proportionate rates, as established by the Chief Financial Officer.
Section 8. An employee who is hurt on the job may choose to use either his/her paid sick leave, Workers’ Compensation benefits consistent with the Transitional Work Program attached as Appendices D and E, or their vacation.
Section 9. The District will place in each employee’s pay voucher the current amount of accumulated but unused paid sick leave.
Section 10. An employee that takes three months or less of sick leave will return to their pre-leave job classification and geographic area of assignment. An employee who takes more than three months of sick leave is not entitled to that benefit, but the District will make a reasonable to do so if the employee is able to perform the job. If the District is unable to do so, it will make reasonable efforts to return the employee to a comparable job classification within the District. The employee will be returned to their pre-leave classification and/or area geographic area of assignment when a vacancy arises if the employee is able to perform the job.
Section 11. Sick Leave Donation. See Appendix F.
Section 12. Absence Abuse. See Attendance Control MOU
ARTICLE VII. ATTENDANCE POLICY
Section 1. Application. An incident resulting in discipline under this policy cannot be used as a basis for discipline by the district under any other district means.
An employee may appeal disciplinary action arising under the attendance policy in accordance with grievance procedures.