THE WINSLOW BOARD Of EDUCATION
AND
THE WINSLOW EDUCATION ASSOCIATION
FOR THE
E.S.P. CONTRACT
{EDUCATION TECHNICIANS, FOODSERVICE, SECRETARIES}
CONTRACT
September 1, 2013– August 31, 2016
TABLE OF CONTENTS
ARTICLE 1 RECOGNITION 1
ARTICLE 2 DEFINITIONS 1
ARTICLE 3 – NEGOTIATION PROCEDURE ...... 2
ARTICLE 4 – GRIEVANCE PROCEDURE 2
A. Purpose.... 2
B. Time Limits 2
C. Informal Procedure 2
D. Formal Procedure 3
E. Miscellaneous...... 5
ARTICLE 5 – EMPLOYEE RIGHTS 5
ARTICLE 6 – RIGHTS OF THE ASSOCIATION 8
ARTICLE 7 – RIGHTS OF THE BOARD 8
ARTICLE 8 – EMPLOYEE WORK YEAR 8
ARTICLE 9 – WORK SCHEDULE 9
A. Work Week 9
B. Duty-Free Lunch 9
C. Overtime 9
ARTICLE 10 – EMPLOYEE ASSIGNMENTS 9
ARTICLE 11 – WAGES & OTHER BENEFITS 12
ARTICLE 12 – TRANSFERS AND VACANCIES 12
A. Voluntary Transfer Procedure 12
B. Involuntary Transfer Request 13
C. Miscellaneous 13
ARTICLE 13 – EMPLOYEE EVALUATION 13
ARTICLE 14 – EMPLOYEE FACILITIES 14
ARTICLE 15 – SICK LEAVE 15
ARTICLE 16 – TEMPORARY LEAVES OF ABSENCE 17
ARTICLE 17 – EXTENDED LEAVES OF ABSENCE 17
ARTICLE 18 – STAFF DEVELOPMENT 18
ARTICLE 19 – INSURANCE PROTECTION 18
ARTICLE 20 – DUES DEDUCTIONS FROM SALARY 19
ARTICLE 21 – JOB DESCRIPTIONS 19
ARTICLE 22 – HOLIDAYS, VACATIONS, AND LONGEVITY 20
ARTICLE 23 DURATION OF CONTRACT 21
SCHEDULE A WAGES 22
ARTICLE I
RECOGNITION
A. The Board hereby recognizes the Winslow Education Association/MTA/NEA as the exclusive bargaining representative as defined under State of Maine Public Law for the entire group of employees employed by the Winslow School Board full-time or part-time, in the classifications listed in the salary schedule contained in this Agreement.
ARTICLE 2
DEFINITIONS
Aggrieved person or party / The employee, employees, or the Winslow Education Association making a claim.Days / Calendar days excluding weekends or recognized state or federal holidays
Discipline / Punishment or disciplinary action for the sake of training or correction.
Employee / The entire group of employees employed by the Winslow School Board full-time or part-time, in the classifications listed in the salary schedule contained in this agreement.
Grievance / An alleged violation of this Agreement or any dispute with respect to its meaning or application.
Immediate family / Spouse, significant other, child, step-child, parent, grandparent, mother-in-law, father-in-law, grandchildren, or sibling.
Involuntary transfer / An employer-initiated reassignment.
Just cause / The reason for any discipline, discharge, or non-renewal is not arbitrary or capricious and is reasonably related to the responsibilities of an employee or the School Board’s operation and management of the school system.
Seniority / Years of service for the Winslow Schools.
Party in interest / The employee, employees, or the Winslow Education Association making a claim and any persons who might be required to take action or against whom action might be taken in order to resolve a claim.
Promotion: / Any position in the bargaining unit which pays a salary differential, has a different job classification, and/or involves a different level of responsibility.
Transfer / A change in assignment by an employee from one bargaining unit position to another.
Voluntary transfer / An employee-initiated reassignment.
ARTICLE 3
NEGOTIATION PROCEDURE
A. Neither party in any negotiations will have any control over the selection of the negotiating representatives of the other party. The parties mutually pledge that their representatives be clothed with all necessary power and authority to make and consider proposals and counter proposals and reach tentative agreements in the course of negotiations.
ARTICLE 4
GRIEVANCE PROCEDURE
A. PURPOSE
The purpose of this procedure is to secure, at the lowest possible level, equitable solutions to the problems, which may arise under this contract. The grievance procedures will be kept as informal and confidential as may be appropriate at any level of the procedure. Informal settlements shall bind the immediate parties to the settlement, but shall not be precedent in a later grievance proceeding.
B. TIME LIMITS
1. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level should be considered as a maximum and every effort should be made to expedite the process. The time limits specified may, however, be extended by mutual agreement.
2. In the event a grievance is filed at such time that it cannot be processed through all the steps in this grievance procedure by the end of the school year, and if left unresolved until the beginning of the following school year, could result in irreparable harm to a party in interest, the time limits set forth shall be reduced by mutual consent so that the grievance procedure may be exhausted prior to the end of the school year or as soon thereafter as it is practical.
3. A grievance shall be deemed to have been waived unless submitted within ten (10) days after the aggrieved party knew or should have known in the exercise of reasonable diligence upon which the grievance is based.
C. INFORMAL PROCEDURE
If an employee feels that he or she may have a grievance, the employee shall first discuss the matter with their principal and/or immediate supervisor (provided that the immediate supervisor is not a member of the bargaining unit) in an effort to resolve the problem informally. If the grievance is a monetary issue the informal procedure will begin with the superintendent. If the grievant is not satisfied with the informal procedure, the grievance will proceed to level two.
D. FORMAL PROCEDURE
1. Level One - Building Principal/Immediate Supervisor
a. If the aggrieved party is not satisfied with the outcome of the informal procedure, he/she may present the claim as a formal grievance in writing to the building principal/immediate supervisor, and will identify the aggrieved party, the contract provision(s) alleged to have been violated, the date, time and place where the alleged events or conditions or acts constituting the grievance occurred and the identity, if known, of the person(s) responsible for causing the act(s), event(s), or condition(s) and a general statement of the grievance and the relief sought by the aggrieved party.
b. The building principal/immediate supervisor will, within ten (10) days after the receipt of the written grievance, render his/her decision and the reasons thereof, in writing, to the aggrieved person, with a copy to the President of the Association.
2. Level Two - Superintendent of Schools
a. If the aggrieved is not satisfied with the resolution of Level One or if no answer is received within the 10 days allotted in Level One, he/she may, within the ten (10) days submit it to the Superintendent at Level Two.
b. The Superintendent and up to five (5) representatives will, within ten (10) days of receipt of the grievance, meet with the aggrieved party for the purpose of resolving the grievance. A maximum of five (5) representatives of the Association may be present.
c. The Superintendent will, within ten (10) days after the hearing, render his/her decision and the reasons therefore in writing to the aggrieved with a copy to the President of the Association.
3. Level Three - School Board
a. If the aggrieved is not satisfied with the resolution of the grievance at Level Two, he/she may, within ten (10) days after receiving the Superintendent's response, appeal in writing a hearing on the matter before the Board.
b. The School Board and their representatives will, within ten (10) days after the receipt of the appeal, schedule a meeting with the aggrieved employee and with a maximum of five (5) representatives of the Association for the purpose of reviewing the grievance with the aggrieved person. This meeting will take place within forty-five (45) days of the receipt of the appeal.
c. The School Board will, within ten (10) days after such meeting, render its decision and the reason thereof in writing to the aggrieved employee, with a copy to the President of the Association.
4. Level Four – Grievance Mediation
a. In the event that the decision of the Board as rendered pursuant to Article 4, Section E (3), is not acceptable to the grievant, then, the Association may within ten (10) days after the decision due date or receipt of the Superintendent’s response, file a written notice with the opposite party to submit the grievance to Grievance Mediation.
b. The parties will attempt to mutually agree upon a mediator. If the parties cannot agree upon a grievance mediator within ten (10) days from when notice to mediate is filed, either party may request that the Executive Director of the Maine Labor Relations Board appoint a Grievance Mediator from the Panel of Mediators. The parties will share the expense of the grievance mediation equally. If the parties fail to agree or to accept the final recommendation by the Grievance Mediator, the grievance will go to Level Five upon written notice by the Association within ten (10) days of the last mediation session.
5. Level Five - Impartial Arbitration
a. If the aggrieved is not satisfied with the disposition of the grievance at Level Four, he/she may, within ten (10) days, submit the grievance to arbitration by so notifying the Board in writing.
b. The Chairman of the Board and the President of the Association will, within ten (10) days after such written notice, jointly select a single arbitrator who is an experienced and impartial person of recognized competence. If the parties are unable to agree upon an arbitrator within ten (10) days, the Association will request the American Arbitration Association to assist in the selection of an arbitrator in accordance with its labor arbitration rules.
c. The arbitrator selected will confer promptly with the representatives of the Board, representatives of the Association, and the aggrieved, will review the record of the prior hearings, and will hold such further hearings with the aggrieved employee and other parties in interest as he/she will deem requisite.
d. The arbitrator will, within thirty (30) days after the hearing, render his/her decision in writing to all parties in interest, setting forth his/her findings of fact, reasoning and conclusions on the issues submitted. The arbitrator will be without power or authority to make any decision, which requires the commission of an act prohibited by law or which is violative of the terms of this Agreement. The decision of the arbitrator will be submitted to the Board and the Association and will be final and binding on the parties.
e. The cost for the services of the arbitrator shall be borne equally by the Board and the Association.
F. MISCELLANEOUS
1. All meetings and hearings under this provision will not be conducted in public and will include only such parties in interest and their designated or selected representatives heretofore referred to in this grievance procedure.
2. Failure at any level of this procedure to communicate the decision on a grievance within the specified time limits will permit the aggrieved party to proceed to the next level. Failure at any level of this procedure to appeal a grievance to the next level within the specified time limits will be deemed to be acceptance of the decision rendered at the level.
3. The grievance form included in this agreement will be used for filing and processing grievances.
4. All meetings and hearings under this procedure will be after the close of the normal school day and will not be scheduled to interfere with any assigned extracurricular activities of the aggrieved party or parties in interest who may also be necessarily involved.
5. Any party in interest may be represented at any level of the grievance procedure by Association representatives of his or her own choosing, except that party in interest may not be represented by a representative or officer of any organization other than the Winslow Education Association and its affiliates. When an employee chooses not to be represented by the Association, the Association will have the right to be present.
6. All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel file of the grievant.
ARTICLE 5
EMPLOYEE RIGHTS
A. Whenever any employee is required to appear before the Superintendent or School Board in a formal disciplinary hearing concerning a matter which could adversely affect the continuation of that employee in his or her office, position, or employment, and where the purpose of the hearing is to impose disciplinary sanctions or investigate charges of misconduct, then the employee will be given prior written notice of the reasons for such meeting or interview five (5) days prior to said meeting, or sooner by joint agreement, and will be entitled to have representatives of the Association present to advise and represent him or her during such meeting or interview. Any suspension of an employee pending a hearing on the charges will be with pay.
B. The Superintendent will provide the President of the Association with any proposed changes or revisions in school policies.
C. JUST CAUSE
1. No employee covered by this agreement will be reprimanded, suspended, adversely evaluated, involuntarily transferred, demoted, or denied promotion without just cause.
2. Probationary employees with less than one (1) year experience in the Winslow School System may be terminated from employment for any reason deemed appropriate or necessary by the Board. The Board will not discharge any non-probationary employee without just cause.
3. Any employee discharged must be paid in full for all wages owed him or her by the Board, including overtime, compensatory time, and unused annual leave and holiday pay, if any, on the next regular payday following the pay period in which the discharge occurs.
4. An employee who is suspended or discharged will be given written notice either in person or by certified mail, return receipt requested, to the employee’s last known address according to Board records, within five (5) days of the suspension or discharge and the reasons thereof.
5. By way of clarification, this just cause provision does not apply to the Superintendent’s final decision of a non-renewal or dismissal of a probationary employee, nor does it apply to the termination of an employee’s position in connection with the elimination of said position, nor does it apply to the non-reappointment or dismissal of an employee under annual appointment to coaching or other extracurricular or co-curricular activity.