Our 2007 - 2011 Contract
TABLE OF CONTENTS
ARTICLE 1 GENERAL PROVISIONS OF THE AGREEMENT
ARTICLE 2 UNION RECOGNITION
ARTICLE 3 GRIEVANCE AND ARBITRATION PROCEDURES
ARTICLE 4 UNION STEWARDS
ARTICLE 5 DISCIPLINE AND DISCHARGE
ARTICLE 6 DISCRIMINATION
ARTICLE 7 SENIORITY, PROMOTION, LAY OFF
ARTICLE 8 HOLIDAYS
ARTICLE 9 VACATION/ANNUAL LEAVE
ARTICLE 10 SICK LEAVE
ARTICLE 11 OTHER LEAVES
ARTICLE 12 HOURS OF WORK
ARTICLE 13 OVERTIME
ARTICLE 14 SAFETY AND HEALTH
ARTICLE 15 UNION BULLETIN BOARDS, DELIVERY SERVICES
ARTICLE 16 EMPLOYEE BENEFITS
ARTICLE 17 MANAGEMENT RESPONSIBILITY
ARTICLE 18 WAGES AND TRAVEL PAY
ARTICLE 19 WORK STOPPAGE
ARTICLE 20 SEVERABILITY
ARTICLE 21 PERSONNEL FILES
ARTICLE 22 EFFECTIVE PERIOD OF AGREEMENT
APPENDIX A1-A4 SALARY SCALE
APPENDIX A5 PERFECT/EXEMPLARY ATTENDANCE CHART
APPENDIX B MEDICAL COMPARISON CHART
APPENDIX C DENTAL AND VISION CHARTS
Section 1: Definition of Terms
(a) The Board of Education of Anne Arundel County is hereinafter referred to as "the Board."
(b) The American Federation of State, County, and Municipal Employees, Local 1693, is hereinafter referred to as "AFSCME" or "the Union."
(c) "Unit III" refers to a negotiating unit composed of permanent custodial, maintenance, food service, bus driver, bus attendant, warehouse, mail and print shop, and transportation employees of the Board in pay grades 1‑14 who regularly work an average of four or more hours per day.
Section 2: Renegotiations
The sections of this Agreement not requiring fiscal support shall become effective on July 1, 2007, unless otherwise indicated. The sections which require fiscal support shall become effective July 1, 2007, unless otherwise indicated if following budget enactment by the County Council the Board raises no question concerning the adequacy of funds for their implementation.
If budget categories which contain Board requests for funds to support sections in this Agreement are reduced by the County Council, and the Board feels that it cannot implement the provisions of the sections as negotiated, further negotiations on these sections shall be instituted within ten workdays after enactment of the budget by the Council. Sections on which Agreement is reached on or about June 20 shall be submitted promptly to the parties for ratification on or about June 25 after which the Board shall render the final determination on all remaining fiscal sections which have been the subject of negotiations.
Section 3: Reopening Negotiations
The Board and AFSCME agree that the terms and provisions herein contained constitute the entire Agreement between the parties and supersede all previous communications, representations or Agreements, either verbal or written, between the parties hereto with respect to the subject matter herein. The Board and AFSCME agree that all negotiable items have been discussed during the negotiations leading to this Agreement and therefore, agree that negotiations will not be reopened on any item, whether contained herein or not, during the life of this Agreement except by mutual consent.
The Board and AFSCME agree that the current following items will be reopeners for negotiations:
Section 4: Job Classifications
Grade 4 Food Services Worker I
Grade 5 Custodian I (Roving Custodian), Food Services Worker II, Galley Worker II, Parking Lot Attendant, School Bus Attendant, Telephone Repairperson I
Grade 6 Maintenance Helper, Press Operator I, Print Shop Helper, Trades Trainee I, Warehouse Helper
Grade 7 Athletic Fields Groundsperson Trainee, Bindery Machine Operator I, Custodian III (Roving Backup), Food Services Manager II, Groundsperson I, Press Operator II, Trades Trainee II, Logistics Warehouseperson I
Grade 8 Asbestos Repairperson, Automotive Serviceperson I, Bindery Machine Operator II, Custodian IV, Food Services Manager III, General Maintenance Mechanic I, Groundsperson II, Lead Custodian 2nd Shift, Mail Services Driver, Maintenance Services Dispatcher, Painter I, Pest Control Technician, Press Operator III, Production Control Technician
Grade 9 Assistant Lead Mail Services Driver, Bindery Machine Operator III, Custodian V (Roving Chief), Equipment Operator I, Food Services Manager IV, School Bus Driver, Logistics Delivery Driver
Grade 10 Athletic Fields Groundsperson, Automotive Mechanic I, Electrician I, Food Services Manager V, General Maintenance Mechanic II, HVAC Mechanic I, Lead Groundsperson, Operations Equipment Repairperson, Operations Groundsperson Riva Road, Painter II, Plumber I, Logistics Warehouseperson II
Grade 11 Equipment Operator II, Facilities Engineer, Lead Athletic Fields Groundsperson, Lead Mail Services Driver, Lead Printer
Grade 12 Asbestos Technician II, Automotive Mechanic II, Boiler Maintenance Technician, Bus Driver Trainer, Electrician II, General Maintenance Mechanic III, HVAC Mechanic II, Painter III, Pesticide Applicator, Plumber II, PM Technician, Senior Facilities Engineer, Telephone Repairperson II, Logistics Warehouseperson III
Grade 13 Automotive Mechanic III, Electrician III, General Maintenance Mechanic IV, HVAC Mechanic III, Lead Boiler Maintenance Technician, Locksmith, Plumber III, Water Treatment Plant Mechanic, Welder, Logistics Warehouseperson IV
Grade 14 Complex Engineer, Electrician IV, Environmental Evaluator, HVAC Mechanic IV, Lead PM Technician, Plumber IV, Projects Estimator
Section 1: Union Recognition
The Board recognizes the Union as the sole and exclusive agent for negotiating salaries, wages, hours, and other conditions of employment for all members of in accordance with the provisions of Education Article, Section 6‑505 of the Annotated Code of Maryland.
Section 2: Dues Deduction
The Board agrees to deduct Union membership dues from the paychecks of Unit III members who individually request in writing that such deductions be made. The amounts to be deducted shall be certified to the Board by the Treasurer of Council 67, and the aggregate deductions of all employees shall be remitted together with an itemized statement, to the Treasurer of Council 67 each month after such deductions are made.
Payroll deduction of dues is continuing and cancellation of individual dues can be affected only by written notice to the Union via certified mail postmarked between July 1, 2008, and July 15, 2008, to be completed for submission to the Board on or before July 30, 2008. Membership shall be for the duration of this agreement. The mailing address is:
Director
AFSCME Council 67
1410 Bush Street, Suite A
Baltimore, MD 21230
Memorandum of Understanding will be developed regarding cancellation of dues deduction in the event of a hardship situation.
Section 3: Union to Indemnify Board
The Union shall indemnify and save the Board harmless of all claims, grievances, actions, suits, or other forms of liability or damages that arise out of, or by reason of, any action taken by the Board for the purpose of complying with the provisions of this article. The Union assumes full responsibility for the disposition of the funds deducted under Section 2 of this Article as soon as they have been remitted by the Board to the Maryland Public Employees Council 67.
Section 4: Work Locations
The Board will provide to the President of Local 1693 a list of all Unit III members which shall include names, work locations, job classifications, and social security numbers. This information shall be sent to both Council 67 and Local 1693 by computer diskette or CD ROM Disc, with a hard copy back-up available upon request. (The Council 67 transfer is to be made on ACCESS and sent by diskette (3.5) or CD ROM.)
The Board will also allow the union time at the new employee orientation to brief new employees on union programs. Where orientation kits are supplied to new employees the Union shall be permitted to have included in the kits Union literature provided such literature is first approved for such purpose by the Division of Human Resources.
ARTICLE 3
GRIEVANCE AND ARBITRATION PROCEDURES
Section: 1 Definition
A grievance is a difference or dispute between an employee and the Board concerning the meaning, interpretation or application of the express terms of this Agreement. The grievance must clearly specify the item or issue that is under dispute.
Section 2: Grievance Meetings
Grievance meetings will normally be scheduled after working hours. When it is necessary for any Unit III employee of the Board to attend a grievance meeting or a grievance hearing called by the Superintendent or designee during working hours, the Superintendent or designee shall so notify the principal or supervisor of such Unit III employee. The Unit III employee shall be released without loss of pay for such time as the Unit III employee's attendance is required at such meeting or hearing. Employee grievances at Level III shall be scheduled at the mutual convenience of the Board and the representative of Local 1693 or the representative of Council 67 AFSCME unless the grievant elects to represent himself/herself.
Section 3: Grievance Levels
Informal Discussion
A Unit III member with a grievance shall first discuss it with his/her immediate supervisor within fifteen (15) workdays after the grievant knew or should have known of the act or condition on which the grievance is based. If, however the immediate supervisor is not the person who made the alleged misinterpretation or misapplication, he/she shall advise the employee of the proper person to contact, and the aggrieved employee shall discuss the matter with him/her.
The grievant and the immediate supervisor may mutually waive the time limits in order to informally discuss and resolve the grievance prior to reducing the grievance to writing at Level 1.
In any event, a meeting will be convened pursuant to the grievance procedure at each level.
Level 1
If the problem is not resolved to the satisfaction of the employee, or if a response is not received within five (5) workdays the employee may submit the grievance in writing to the same supervisor, using the Board's Level 1 grievance form, within ten (10) days after the hearing. He/she must state the specific contract article which he/she claims to have been violated.
Level 2
If the problem is not resolved to the satisfaction of the aggrieved employee at Level 1, or if a response is not received within five (5) workdays, he/she must present the grievance in writing to the next higher supervisor for the classification to which the employee is assigned within ten (10) workdays after the hearing, using the Board's Level 2 grievance form. This supervisor shall respond in writing within ten (10) workdays.
Level 3
If the employee is not satisfied with the supervisor's decision, or if no response is received within ten (10) workdays, he/she may request in writing a discussion of the grievance with the Director of Human Resources. Such a request must be made within five (5) workdays after the supervisor in Level 2 has responded (or within five (5) workdays of the date on which a reply should have been received). The Director of Human Resources or his/her designee shall hold a hearing with the aggrieved employee and shall respond in writing within ten (10) workdays after the postmark date of the request.
Level 4
If AFSCME finds the decision at Level 3 not acceptable, it shall within ten workdays notify the Board whether or not the grievance is to be submitted to advisory arbitration. If so, both parties shall attempt to agree mutually on an arbitrator. Failing to agree, both parties shall promptly request the Federal Mediation and Conciliation Service to submit to the parties a list of seven persons skilled in arbitration.
The parties shall strike names alternately until one name remains. That person shall be designated the arbitrator and will set a hearing date within 20 days after his/her selection.
The arbitrator will set forth his/her findings of fact, reasoning and conclusions on the issues and submit them to the Board as a recommendation. The decision shall be made within 20 days after receiving final information from the parties.
Section 4: Expenses
Any costs incurred in connection with the arbitrator's hearing shall be shared equally by the Board and the employee organization. The grievant and any Board employees who are requested by school board administrators to attend hearings shall be granted the necessary released time without salary loss. The cost of witnesses at all hearings, however, shall be born by the party requesting them to attend.
Section 5: Time Limits for Initiating Grievances
Failure to appeal at any step or level within the specified times shall be deemed an acceptance of the last decision rendered.
Section 6: Representation
Any aggrieved employee shall be represented by the person, or persons, outlined in Article 4, Section 1 or by himself/herself. No released time from work without salary loss shall be provided, however, for Board employees to serve as representatives.
Nothing contained herein will be construed as limiting the right of any Unit III employee having a grievance to discuss the matter informally with any appropriate member of the administration and having the grievance adjusted without the assistance or expense of AFSCME.
Section 7: Appeals Under Section 4-205(c)
Where an employee has a difference or dispute over an alleged violation of a Board personnel policy or where a grievance has been disallowed on the grounds that it involves a non-arbitrate issue, the employee may appeal to the Board with Union representation pursuant to Section 4-205(c) of the Education Article of the Annotated Code of Maryland.
Section 1: Designation
(a) The Board shall deal with the designated union steward at the first level of the grievance procedure unless the employee elects to represent himself/herself. At subsequent levels in the grievance procedure, the Board shall deal with the Union President, or the Council Representative, unless the grievant has elected to represent him/herself.
(b) A written list of the chief stewards and stewards along with their assigned areas shall be furnished to the Director of Human Resources immediately after their designation and AFSCME shall notify the Director of Human Resources promptly of any changes of such stewards.
Section 2: Visitation Privileges
Duly authorized representatives of AFSCME, after showing the proper credentials to the principal or to the person in charge at other work locations, shall be permitted to meet with Unit III members on school grounds. Normally, these visits are before or after required working hours or during the duty free lunch period, except in a case where responsible school officials authorize Union representatives to meet with Unit III employees during working hours. AFSCME shall provide the Board with the names of these authorized representatives prior to the effective date of the Agreement and shall advise the Board in writing of changes in these names after that date.
ARTICLE 5
DISCIPLINE AND DISCHARGE
Section 1: Disciplinary Measures
Disciplinary action shall be limited to oral reprimand, or written reprimand, suspension, and discharge and should be consistent where appropriate to the concept of progressive discipline.
If the employer has reason to reprimand an employee it shall be done in a manner that will not embarrass the employee before other employees or the public except that immediate action required by the employer in an emergency situation will not be subject to this provision.
No bargaining Unit III employee shall be formally disciplined without first being provided the right, at his/her request, to have a shop steward present. If the presence of a steward is requested, no formal discipline shall occur in the absence of such representation. The steward must address the situation no later than 24 hours after the request or by the end of his/her next shift.
Section 2: Suspension and Discharge
The Board may suspend or discharge any permanent Unit III member for immorality, misconduct, insubordination, incompetency, or willful neglect of duty. Prior to discharge, the employee will be suspended. Within three workdays the employee will be notified in writing of the cause(s) and of the fact that he/she is subject to discharge. He/she shall also be notified of his/her right to a hearing, with counsel, including a union representative, provided he/she makes a written request within three workdays after the receipt of the notification. The hearing shall be held within five workdays after the request has been received. An employee who does not accept the decision of this hearing may appeal his/her case to the Board.
Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights and conditions of employment.
Section 3: Appeals
The employee may appeal any discipline or discharge with Union representation pursuant to Section 4-205(c) of the Education Article of the Annotated Code of Maryland.
Section 1: Application to Agreement
The provisions of this Agreement shall be applied to all Unit III members without discrimination as to age, sex, marital status, race, color, creed, national origin, political affiliation, disability or union affiliation.
Section 2: Board Responsibility
The Board will not interfere with the rights of Unit III members to become members of the Union, and there shall be no discrimination, interference, restraint, or coercion by the Board or its representatives against any Unit III member because of Union membership or because of the exercise of his/her rights under the law or the provisions of this negotiated Agreement.
Section 3: Union Responsibility
The Union and its representatives will not discriminate against any Unit III member because of age, sex, marital status, race, creed, color, national origin, political affiliation, disability or union affiliation.
ARTICLE 7
SENIORITY, PROMOTION, LAY OFF
Section 1: Definition of Seniority
Unless otherwise indicated, the term seniority as used in this Agreement shall mean an employee's length of continuous service in a class series since his/her last date of hire. No employee shall acquire seniority until completion of his/her probationary period. Upon completion of this probationary period, an employee's seniority shall be computed from the last date of hire. When two or more employees have the same last date of hire and the same length of continuous service in a class series since the last date of hire, the Board will determine their relative seniority.
Section 2: Posting of Vacancies
The Board is committed to filling vacancies with the best qualified candidate. To this end, the Board is committed, whenever possible, to the principle that it is beneficial to develop employees from within the system and to provide promotional opportunities to qualified applicants who are currently Board employees.
All Unit III vacancies not filled from within the immediate administrative unit shall be advertised in writing and posted on Unit III bulletin boards throughout the school system for a minimum of ten (10) days, and sent to the Union President concurrently.
When a shift vacancy occurs, the senior most employee applying in the work location where the vacancy has occurred shall be considered for the position before an employee from some other location.
Qualified Unit III employees may submit a request for transfer to the Department of Human Resources. When a position that is not filled from within the same work location becomes available, those employees who have requested a transfer shall be given first consideration.
Permanent Unit III applicants not selected for a promotional position who wish an explanation for the reason may submit a written request to the interviewer (principal/supervisor) within five (5) workdays following the notification.
If a position that was posted and filled becomes vacant within ninety (90) days, the Board may select a candidate from the original group of applicants.
A Unit III employee who is promoted or selected for another assignment shall be considered probationary in the new position for ninety (90) days. If the employee is unable to perform the duties adequately during this probationary period, he/she shall be returned to his/her former job and pay or to a comparable job and pay.
Section 3: Reduction in Force
In the event it becomes necessary to lay off a permanent Unit III employee in a particular job classification in an administrative unit, the Board will determine the job function which can be reduced in that unit with the least disruption of services. The least senior employee in that job function in that unit will be laid off. If his/her job is not the one to be eliminated, the employee with least seniority in the job location where the staff is to be reduced will be transferred to the vacancy created by the lay‑off.
The administrative unit for employees assigned to schools and administrative offices is the appropriate office; for maintenance employees, it is the maintenance department; for transportation employees, it is the transportation department; for warehouse and mail employees, it is the logistics support office; for print shop employees, it is the design and print services department.
Any Unit III employee whose position is abolished shall be allowed to bump any employee with less seniority in the same job class, or less seniority in a series of classes within the school system as determined by the Division of Human Resources.
Section 4: Recall
When a Unit III member has been laid off his/her name shall be placed on a recall list for that job function for a maximum period of two (2) years. Recalls shall be accomplished by certified mail. If at any time during the recall period an offer of recall is declined, the employee shall forfeit all recall rights.
Persons on the recall list for an administrative unit shall be assigned to vacancies in their job functions in that unit in the order of seniority. In no case shall a new employee be hired until all laid off persons on the recall list have been assigned or have declined an offer. Recalled employees shall not be required to serve a new probationary period.
Section 5: Involuntary Transfer Procedures
The following language does not preclude the Superintendent's right to administratively transfer personnel without regard to these procedures. Should it be necessary for the Board to involuntarily transfer (excess) Unit III employees from any school or work location, the following steps shall be taken:
1. Volunteers within the class and grade who are qualified for the new assignment as determined by the Director of Human Resources shall be sought from the affected school or work location.
2. If the number of volunteers exceeds the number to be involuntarily transferred, the most senior qualified employees within the class and grade from among the volunteers shall be transferred unless the Division of Human Resources determines that services/functions would be adversely affected.
3. Should no volunteers be found, the least senior employees within class and grade in the affected school or work location shall be involuntarily transferred unless the Division of Human Resources determines that services/functions would be adversely affected.
4. The employees subject to an involuntary transfer shall have the opportunity by seniority, within class and grade, to select from all openings available at the time of transfer if qualified as determined by the Division of Human Resources.
5. If, upon the exhaustion of the above selection process, the employees do not select an available opening and one or more of such openings still exist, the Director of Human Resources shall assign such remaining unassigned employees to remaining openings. An employee who declines the final written offer of assignment shall be considered as having voluntarily resigned employment.
6. No vacancies shall be filled by temporary employees or new hires until all employees who have been excessed have been offered a position.
If an "excess" employee is involuntarily transferred from a school or work location, any vacancies at the school or work location as determined by the Division of Human Resources shall not be filled by any temporary employees or new hires until the involuntarily transferred employee that had been affected by the transfer has been offered an opportunity to return to the position or work location to which the employee had previously been assigned if such a vacancy occurs within a year of the original transfer. If an employee is returned to his/her previous position/work location, the return would void his/her involuntary transfer status. An employee who declines a final written offer to return to the previously held assignment before the involuntary transfer shall be considered as having voluntarily transferred to the presently held assignment.
Section 1: Holidays Recognized and Observed
The Board will recognize the following days as holidays for twelve-month Unit III members:
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
New Year's Day
Martin Luther King, Jr., Day
Good Friday
Easter Monday
Memorial Day
Primary and General Election Days
All other holidays as declared by the Board during the life of this Agreement
Holidays will be observed on the dates on which they fall with the following exceptions:
Whenever any of the holidays listed above fall on a Saturday, the preceding Friday shall be observed as the holiday. Whenever any of these holidays fall on a Sunday, the following Monday shall be observed as the holiday.
To be eligible to receive pay for a holiday, the employee must work on the workday immediately preceding and on the workday immediately following the holiday or be on authorized approved paid leave.
Pay for these holidays when they fall on duty days shall be included in the computation of annual salaries of eligible Unit III employees.
Section 2: Holiday Leave
Holiday leave will not be deducted from any other leave earned by an employee.
Section 3: Holiday Work
If an employee works on any of the above listed holidays, he/she shall be paid at one and one‑half times his/her hourly rate, in addition to his/her holiday pay, for all hours worked.
Section 4: Holiday Hours for Overtime Purposes
Holidays shall be counted as a day worked for the computation of overtime.
Section 5: Holidays During Leave
When a holiday falls during an employee's vacation leave, he/she shall not be charged vacation leave for said holiday.
Section 6: Failure to Report on Holiday
If a Unit III employee who is assigned duties on an observed holiday fails to report for work without an acceptable reason, he/she shall forfeit his holiday pay.
ARTICLE 9
VACATION/ANNUAL LEAVE
Section 1: Rate of Earning
Twelve‑month Unit III members shall earn annual leave as follows:
Length of Service |
No. Days Leave |
Maximum No.Days Per Year |
First 5 years |
1 /month |
12 |
6-14 years inclusive |
1-1/2 /month |
18 |
15th year and thereafter |
1 /pay period |
26 |
Section 2: Pay Rate During Vacation
Pay for all vacations shall be based on the rate of pay of the employee at the time of vacation including shift differential.
Section 3: Accumulation and Conversion
By April 1, the Board will advise those employees in danger of exceeding their accumulated annual leave carryover, which is a total of 24 days for 1‑5 years employment; 30 days for 6‑14 years employment and 38 days for 15 or more years of employment as of July 1 of any given year. Unused annual leave which would be lost because of the limitation on carry‑over shall be converted to accumulated sick leave provided that there not be more than fifteen sick leave days credit per year.
In his/her last year of employment prior to retirement, a Unit III member may carry over 18 days of unused annual leave to give him/her a maximum of 44 days at the end of his/her last year prior to retirement, provided they have worked 15 years or more.
Section 4: Work During Vacation
Any Unit III employee required to return to work while on vacation shall be compensated for the time actually worked at the rate of time and one‑half.
Section 5: Usage of Annual Leave
Unit III employees shall request annual leave in advance, using the appropriate form. An emphasis will be made with supervisors on the use of annual leave which is requested in advance and subject to approval.
Requests will be made in accordance with the following time frames:
One (1) day of leave requires 24 hours notice (excluding Saturday, Sunday, and holidays)
Up to three (3) days of leave requires 48 hours notice.
More than three (3) days requires 72 hours notice.
Emergency annual leave may be granted on occasions when it is not possible to obtain prior approval for such leave. Vacation preference for Unit III members should be determined on the basis of seniority, provided work operations would not be adversely affected.
Section 1: Accrual Rate
Unit III employees shall receive 11 days of sick leave for 10-month employees and 13 days for 12-month employees. Regular Unit III employees shall earn sick leave at the rate of one half day per pay period of active duty. Unit III employees who have been employed ten (10) years or more shall have available two (2) additional days at the start of the fiscal year for a total accrual of 13 days of sick leave for 10-month employees and 15 days for 12-month employees.
Unit III employees who use no sick leave between July 1 and June 30th of each fiscal year shall receive a one (1) day per diem bonus.
Section 2: Maximum Accumulation
Unused sick leave for Unit III members shall be cumulative without limit.
Section 3: Usage
Unit III members may use sick leave for personal illness, which includes necessary medical, dental, or optical examinations and/or treatment. The Unit III member may use up to the number of days earned in a given year for illness in the immediate family, which is interpreted as parent, child, brother, sister, husband, or wife; provided that an additional 15 days of available sick leave may be used in the case of the illness of a parent who has regularly lived in the member's household. Unit III members may request to use additional accumulated sick leave in cases of serious illness of a child or spouse. Once this leave is exhausted Family Medical Leave Act may be requested under the provisions of Article 11, The Family Medical Leave Act and related Board Policies and Procedures.
Section 4: Usage Intervals
Unit III members may take sick leave in half (1/2) day increments with the approval of their supervisors.
Section 5: Notification to Employer
When a Unit III employee is to be absent from work, he/she shall notify his/her supervisor as soon as possible. To be eligible for sick leave, he/she shall have notified the supervisor or his/her designee at least by the time he/she is required to report to work. If, however, due to an emergency as determined by the supervisor this employee was prevented from reporting the absence by this time, the supervisor shall approve the sick leave. No Unit III member will be required to call his/her substitute.
Section 6: Proof of Illness
Normally an employee's personal certification will be accepted for an absence of three days or less. If a department head has reasons to believe that sick leave privileges are being abused, he/she may require the employee to furnish a medical certificate for any period of sick leave. However, such requirement must be furnished by the employee in writing from to the Division of Human Resources in advance of the requirement after full review and concurrence.
Section 7: Maternity Leave
(a) Maternity leave shall be limited to permanent Unit III employees.
(b) Unit III employees may use accrued sick leave for any pregnancy connected disability until the leave is expended or until they return to work, whichever occurs first. An employee must submit to her supervisor and the Director of Human Resources, as soon as possible after the termination of the pregnancy, a written certification from the attending physician specifying when the employee will be physically able to return to work.
(c) Employees may continue to work for as long as they are physically able before the date of delivery, provided a written certification from the attending physician stating that continued employment would not be injurious to the health and safety of others is submitted to and approved by her supervisor and the Director of Human Resources. The employee may also return to work as soon as physically able following termination of pregnancy unless she resigns, or requests FMLA Leave, under the provisions of Article 11, The Family Medical Leave Act and related Board Policies and Procedures, or requests Leave of Absence.
All employees returning from maternity leave are required to submit to and have approved by the Director of Human Resources a doctor's certification of ability to return to work and perform the duties assigned to her.
(d) Permanent Unit III members may be granted up to a four months maternity leave without pay if they wish to be away from the job longer than the period of disability associated with childbirth.
(e) During the employee's leave her vacancy becomes an "obligated position" which shall be reserved for the employee upon her return to duty. If a replacement is required, such replacement will be hired on a temporary appointment. When an employee on leave is ready to return to duty from maternity leave, she shall notify the Director of Human Resources in writing of this fact and indicate the date of return at least fifteen days in advance of the return date. Such notice shall include a medical certificate indicating ability to return to duty and date.
(f) If the individual case required an extension of maternity leave for medical reason, the employee must request such extension in writing within fifteen days prior to the expiration of the period originally granted. Such request shall be accompanied by a medical certificate.
(g)The person occupying the position on a temporary basis shall be notified, in writing, of the termination of his/her temporary appointment when the regular employee is to return or resigns. Such notice to the temporary employee shall be issued so that employee shall have at least seven calendar days notice of separation.
Section 8: Pay for Sick Leave
A classified employee who retires from service with the public schools of Anne Arundel County in accordance with the provisions of the Maryland State Employees' Retirement System shall be paid forty dollars ($40) per day for all unused accumulated sick leave. This provision shall be applicable to an employee who vests his/her retirement contributions after having been a member of the retirement system for fifteen or more years. Designated beneficiaries of vested Unit III members who die while working for the school system, shall receive forty dollars ($40) per day for all unused accumulated sick leave.
Section 9: Advanced Sick Leave
All Unit III members with at least five (5) years service may request up to ten (10) days advance sick leave. Such requests will only be considered after the Unit III member has exhausted all sick and annual leave and has maintained a satisfactory sick leave record.
Section 10: Reinstatement of Sick Leave
Any Unit III employee who is re‑employed within five (5) years of his/her separation date shall be credited with unused sick leave he/she had accumulated and not taken during his/her previous employment with the Board.
Section 11: Sick Leave Bank
The purpose of the sick leave bank is to provide sick leave to contributors to the bank after the member's accumulative and anticipated sick leave have been exhausted.
The definition of this type of sick leave shall be that leave that is granted to an employee, who through personal catastrophic illness, injury, or quarantine, is unable to perform the duties of his or her position. Sick leave from the bank may not be granted for the period of disability when monies are paid to the employee under workers' compensation law.
A three-member approval committee, consisting of members selected by the Union, shall have the responsibility of receiving requests, verifying the validity of requests, approving or denying requests, and communicating its decision to the member and to the Director of Human Resources. The rules of procedure and general criteria will be developed by a three (3) member rules committee appointed by the President of the Union. These rules must be approved by the President of the Union and the Superintendent before said rules take effect. Once approved, the rules will be widely distributed by the approval committee.
The Director of Human Resources shall verify payment of approved bank grants.
Employees on active duty in the Anne Arundel County Public Schools, for which the Union is the exclusive agent, are eligible to contribute to the sick leave bank. Contributions can be made at any time during the year. An employee may join the sick leave bank only after having accumulated two hundred (200) hours of sick leave (25 days).
The Board agrees to restrict membership in the Sick Leave Bank to AFSCME members only, contingent upon the following conditions:
The initial contribution to the bank will be made at the time of joining the bank, and future contributions will be based on need as recommended by the sick leave bank committee and agreed upon by the Union and the Superintendent. All donations will remain in force and cannot be returned even upon cancellation of membership. The bank can be used on the fourth duty day of absence during the member's disability. The three (3) day deductible will apply to each disability but will be waived for relapses of the same disability. The maximum number of sick days that can be granted in any one (1) fiscal year will be the remaining number of duty days a member is scheduled to work, plus included holidays or vacation days that would normally accrue during this period. In no case will the granting of more leave from the bank cause a member to receive more than his or her annual salary.
All unused sick leave days in the bank at the end of the fiscal year shall be carried over to the next fiscal year.
The Board will sponsor cost of the sick leave bank but not beyond $200,000 per year. Money expended shall be calculated as days used times average daily salary for Unit III members.
AFSCME shall indemnify and hold harmless the Board regarding any legal claims, actions or suits relating to AFSCME's administration, function, and operation of the Sick Leave Bank.
Section 12: Separation Pay Distribution Option
Effective July 1, 2004, when a Unit III member’s notice of retirement is received by the Division of Human Resources, the member’s separation pay shall be issued in one of two forms:
If a Unit III member resigns with a vested retirement of fifteen or more years of creditable service with the public schools of Anne Arundel County, a counseling session with a Retirement Coordinator in Human Resources may be requested. The above options will be described in more detail during retirement counseling sessions.
Section 1: Eligibility Requirements
Unit III members shall be eligible for leaves of absence after having completed the probationary period.
Section 2: Application for Leave
Consideration will be given to a Unit III member's written request for leave of absence for personal illness, severe illness of a member of the household, maternity, adoption of a child, or military service. Except in the case of military service, an employee's request shall state the beginning date of the leave and the approximate length of time he/she expects to be on leave. In the case of personal illness or illness in the household, a physician's recommendation must accompany the request. A leave request should be given to the supervisor for forwarding, with his/her recommendation, to the Director of Human Resources, who will take action on the request and notify the employee in writing. Reasonable requests will be granted.
Section 3: Adoption Leave
Upon request to the Director of Human Resources, Unit III members may take a temporary leave of absence without pay for up to twelve (12) weeks for the adoption of a child by requesting FMLA Leave under the provisions of Article 11, The Family Medical Leave Act and related Board Policies and Procedures. As soon as it has been determined that a Unit III member wishes to use adoption leave, the Unit III member must request this leave, in writing, to the Director of Human Resources normally within 30 days in advance and provide appropriate documentation. Unit III members may elect to have continued participation in health benefits by assuming full cost of the premium. If, however, the member uses FMLA Leave, the Board will continue making its contribution to the appropriate health benefits for the duration of the FMLA Leave.
Section 4: Family Medical Leave Act (FMLA) Leave
(A) FMLA benefits are available to all Unit III members who have worked at least 12 months during the preceding 12 month period. The 12 month work period shall be from the date of the member's hire.
(B) The 12 month period for FMLA will be the fiscal year.
(C) The Unit III member must use available sick leave prior to going on unpaid FMLA leave. The Unit III member may elect whether or not to use other available paid leave while on FMLA leave.
(D)FMLA Leave may be used for serious health conditions of those persons covered by "illness in immediate family" of the contracts of the respective units as long as the current year's available sick leave (15) days has been used.
(E) If a Unit III member is on paid leave because of his or her own serious health condition, and such leave is pursuant to a sick leave bank grant or is covered by workers' compensation, such leave would be exempt from the Unit III member's FMLA entitlement.
(F) All benefits will continue as provided in the negotiated agreements of the respective units.
(G) At the Unit III member's option, the Board will pay the Unit III member's share of the insurance premium during the leave. The Unit III member, on return, will repay the Board for those premiums under a mutually convenient pay plan.
(H) Leave taken intermittently or on a reduced leave schedule is not permitted for child care.
(I) Except in unusual circumstances when FMLA Leave is taken near the end of an academic term, the Board will not mandate FMLA extensions.
(J) Except in unusual circumstances upon return from FMLA Leave, a Unit III member will return to his/her position.
(K) An oversight committee comprised of the President and chief negotiator of each unit and the Board's representatives shall be formed and will meet at least annually.
Section 5: Bereavement Leave
Each Unit III member shall be granted four (4) workdays of absence without loss of pay on the death of an immediate member of his/her family. Immediate member of the family shall include parent, spouse, child, sibling, grandparent, stepparent, step relationship, in-law, grandchild, and person who raised or reared employee (surrogate/guardian). There is no limit under this provision.
Each Unit III member shall be granted up to two (2) workdays of absence without loss of pay on the death of an aunt, uncle, niece, nephew, or person who has lived regularly in the household of the member. There shall be a six (6) day maximum per fiscal year under this provision.
Additional days may be requested for immediate family and other than immediate family.
Section 6: Jury Duty
While on Maryland jury duty a Unit III member shall not be required to endorse his/her check for jury service to the Board in order to have his/her full salary continue.
Section 7: Court Summons
A Unit III employee may be absent without loss of salary for court summons provided the summons is not issued as a consequence of an offense for which the employee is found guilty.
Section 8: Conference Attendance
Upon written request to the Director of Human Resources, administrative leave with pay may be granted for up to four (4) representatives from Unit III who may be released each fiscal year for a maximum of five (5) days to attend an official National, Regional or Statewide convention or conference of AFSCME which will improve job related skills. Administrative leave may be granted for up to two representatives from Unit III who may be released each fiscal year for a maximum of five (5) days to attend an official National, Regional or Statewide convention or conference of AFSCME. Accrued annual leave, where applicable, may be used. Employees not having annual leave shall take leave without pay. The written request for leave shall be submitted at least seven (7) working days in advance to the Director of Human Resources/Designee.
Section 9: Injury on Job
When a Unit III member sustains an accidental injury arising out of and during the course of his/her employment compensable under the Workers' Compensation Law of the State of Maryland, the employee shall, during the period he/she is being paid Workers' Compensation, receive full salary less the amount paid by Workers' Compensation up to but not exceeding 60 workdays from the date of the injury. This leave shall not be charged against the employee's sick leave.
If the employee is continued on temporary total disability payment from Workers' Compensation beyond the 60-day period, the following options shall be available to him/her:
(A) He/she may elect to use his/her earned annual leave (vacation) during which period he/she shall receive his/her regular salary plus any amount awarded as temporary total disability payments under Workers' Compensation Law.
(B) He/she may elect to use his/her earned sick leave credits, during which period he/she shall receive his/her regular salary, provided any amount awarded as temporary total disability payments under Workers' Compensation Law is endorsed by the employee over to the Board of Education of Anne Arundel County.
The Board reserves the right to assign the physician in any case in which the Board supplements the payments of Workers' Compensation to an employee.
Section 10: Personal Business
Permanent Unit III members who do not earn annual leave may be granted two days of personal business leave per year which is not cumulative. This leave is granted under the following conditions:
The leave must be used for a matter which cannot reasonably be taken care of outside work hours. It may not be used for recreation, vacation, shopping, or the like. The general reasons must be stated and the supervisor's approval obtained prior to the end of the preceding workday, except that for an unforeseen emergency which requires absence that could not have been approved in advance, the supervisor may, at his/her discretion, approve the absence as a day of emergency leave after the fact.
Personal business leave shall not be taken immediately before or immediately after a holiday or weekday when school is closed, nor on an in-service day for 10-month employees, nor at the beginning or end of the school year. The beginning of the school year shall mean the first five duty days for 10-month Unit III employees; the end of the school year shall mean the last five duty days for 10-month Unit III employees. A holiday period may not be extended by taking personal business leave at the beginning of the following week when a holiday falls on a Friday or at the end of the preceding week when the holiday falls on Monday.
Up to two (2) days of unused personal business leave may be converted to sick leave at the end of the fiscal year.
Section 11: Study
After completing one year of service, any Unit III member may request a leave of absence without pay for full-time study in a job related program.
Section 12: Benefits While on Leave
Unit III members on leave of absence without pay and without experience credit shall be eligible to continue their membership in the Board's group hospital‑medical plan by making full premium payment to the Board by the 25th of each month.
If a Unit III member who was injured on the job has exhausted his/her special leave for injury on the job and his/her accumulated sick leave and annual leave and is still receiving Workers' Compensation for temporary total disability, the Board will continue to pay its share of the premium for Blue Cross‑Blue Shield insurance if applicable, provided the employee sends his/her share of the premium monthly to the Board of Education office. The Board will pay its share of the premium for a maximum period of 24 months while the Unit III member is a Board employee.
Section 13: Religious Observance
Unit III members may be granted up to three (3) days per school year with pay for observance of religious holy days where work on such days would make observance of their religion difficult or impossible, as verified by the proper religious authorities.
Section 14: Other Leave
The President of AFSCME shall, upon request, be granted leave with pay and benefits and the continued accrual of seniority for the term of office. Upon the expiration of the leave of absence, the President will be returned to the position previously held or to a comparable position for which he/she is qualified.
Section 1: Regular Hours
With the exception of transportation employees, the regular hours of work for permanent custodial, maintenance, food service, warehouse, and mail and print shop employees in Unit III shall be consecutive except that they normally will be interrupted by a lunch period of non‑duty time except in emergencies.
Section 2: Work Schedule
Regular work schedules of Unit III members shall be posted near the timesheets in each work location. Except in emergency situations, these regular work schedules shall be changed only after prior notice and consultation with the Union president or an authorized representative of AFSCME.
Section 3: Rest Periods
A Unit III member shall be permitted to take a break of 15 minutes during each one‑half shift. No reporting times or leaving times shall be adjusted because of the failure of an employee to take a break.
Section 4: Call back Pay
Any full-time classified employee who is directed by competent authority to report back to work on an assignment which is not contiguous with his/her regular work schedule shall be paid at the applicable hourly rate for all hours of work on such employee's assignments but in no event shall the amount of pay earned for such emergency assignments in any one 24‑hour period be less than the equivalent of four (4) hours pay at such employee's regular straight time rate of pay. If the same employee is called back a second time within the same 24 hour normal day he/she shall receive no less than the equivalent of a total of six (6) hours pay at straight time.
Section 5: Paid Meals
Each Unit III member required to work in excess of twelve consecutive hours in a workday and each employee required to work in excess of four (4) consecutive hours on a callback shall receive ten dollars ($10) toward the purchase of a meal if the extra work extends through the normal meal hour.
Section 6: Hours Inclement Weather
Unit III employees who are required to report to work when Central Offices are closed due to inclement weather shall be given an additional annual leave day. Unit III employees who become stranded overnight at their work location due to inclement weather shall receive an additional annual leave day. The board shall make an effort where practical to assign second shift employees to the first shift duty for emergency clean‑up during inclement weather and during the summer.
Unit III employees who are required to report to work, but are absent from work on Saturday, shall be paid at the rate of one and one-half (1 1/2) times the employee's hourly rate for all hours worked above forty (40) hours on Sunday. A Unit III employee who reports for work on Saturday shall be eligible for premium pay on Sunday [two times the employee's hourly rate] provided the employee works at least one-half (1/2) of his/her regular number of scheduled hours per day.
A counseling letter may be issued to an employee who is absent from work on Saturday or Sunday, on a repeated basis, without an appropriate explanation.
Section 7: Redistribution of Pay 10-Month Employees
All 10-month employees pay schedules will be changed by redistributing their pay over the entire school year. As a result of this redistribution, all 10-month employees will receive a check every regular payday during the school year.
Section 8: Weekend Checks
Unit III employees who are required to perform weekend checks shall be paid overtime at the appropriate rate at a minimum of 2 1/2 hours for Saturday and an additional 2 1/2 hours for Sundays and holidays where applicable.
Section 9: Bus Field Trips, Bus Drivers and Attendants
Bus field trips and bus routes will normally be posted for ten (10) days when they become available. Full-time drivers and aides who are interested shall submit their names for consideration. The Board shall assign available bus routes and field trips mainly on the basis of seniority and safe driving records as well as other related factors.
Section 10: Innovative Work Schedules
When mutually agreeable to an employee and the Board, innovative work schedules may be implemented. The interpretation of overtime hours will be mutually agreed upon by the Board and the Union before implementation.
Section 1: When Paid
Time and one-half the employee's hourly rate of pay shall be paid for work as follows:
(A) All work in excess of eight hours per day.
(B) All work in excess of forty hours in any week.
Section 2: Sunday Pay
Time and one-half the employee’s hourly rate shall be paid for all work above forty hours performed on Sunday for Parks and Recreation and Anne Arundel County Public Schools sponsored use. Two times the employee’s hourly rate shall be paid for all work above forty hours performed on Sunday for unscheduled events and/or commercial use. Unscheduled events shall include, but not be limited to, inclement weather situations, emergencies, or other type of unscheduled situation.
Memorandum of Understanding to be developed to address AFSCME’s view toward continued use of Unit III employees and Board’s intend regarding this change.
Section 3: Voluntary
Overtime shall be voluntary except in emergencies.
Section 4: Distribution
In each work location overtime opportunities will be distributed equitably among all interested and qualified Unit III employees. First preference will be given to Operations personnel who are assigned to specific facilities to include Preventive Maintenance Teams, Boiler and Calibration Teams. A posting shall be made of all building usage contracts when Unit III employees shall be required to be on the site.
Section 5: Community Use
If the Board determines that community use activities create an additional workload overtime will be authorized.
Section 1: Board Union Cooperation
Employer and the Union shall cooperate in the enforcement of safety. The Unit III employees shall use equipment and tools solely for which they are designed. They shall exercise proper care in the handling, storage, and maintenance of equipment and tools to prevent damage to them and injury to themselves and others. No employee shall be required to operate an unsafe piece of equipment. If an employee feels that a piece of equipment he/she must operate is unsafe, he/she shall report it to the supervisor who shall make sure an inspection is made by a qualified individual as soon as possible. The appropriate safety equipment shall be provided those employees who are required by management to perform certain duties. However, the purpose shall be not to require employees to perform unsafe duties.
Section 2: Safety Committee
A joint committee shall be established with the goal of eliminating accidents and health hazards to the extent possible, which shall be comprised of three (3) members of whom shall be appointed by the Union and three (3) members of whom shall be appointed by the Board. The safety committee shall meet not less than quarterly, at a time and place mutually agreeable.
ARTICLE 15
UNION BULLETIN BOARDS, DELIVERY SERVICES
Section 1: Bulletin Boards
The Board agrees to furnish at least one bulletin board in each school or other work location in an accessible area to be used exclusively by the Union or the Board for posting official communications to Unit III employees. Union materials shall not be posted elsewhere on the premises.
Section 2: Delivery Service
AFSCME shall be permitted to utilize the school delivery system for the distribution of official Union notices, provided such distribution does not interfere with the distribution of the materials of the school system. However, the Union agrees not to use the school delivery system for the following:
(A) Opinions of Union officials concerning matters on which the Board and the Union have taken opposing positions.
(B) Advocacy of action on the part of employees which is contrary to policies, regulations, and directives of the Board or its staff.
(C) Political materials.
(D) Materials advertising brand name products or business establishments.
Section 1: Hospital Medical Insurance
The Board and AFSCME agree to the following:
The Board’s contribution toward the employee Hopsital-Medical Insurance Plan shall be as follows:
The Board will pay 88% of the Preferred Provider Network (PPN/PPO) premium toward the cost of a Board-Sponsored Traditional or Preferred Provided Network (PPN/PPO) health care plan.
The Board will pay 98% of the premium toward the cost of a Board-sponsored Health Maintenance Organization (HMO) health care plan.
The Board will pay 90% of the premium of the Preferred Provider Organization (PPO) Dental Plan toward the Traditional Dental, Preferred Provider Organization Dental (PPO), or Dental Health Maintenance Organization (DHMO).
The Board will pay 90% of the premium of Option I of the BC/BS Vision Plan toward Option I or Option II of the BC/BS Vision Care Plan.
Coverage is available on an individual, husband, wife, parent & child or family basis for Unit III members who elect to enroll during the annual open enrollment period or within 30 days after the effective date of their employment.
In FY2008, offer Unit III employees the Triple Option Plan.
In FY2008, the employee’s contribution toward the health care premium shall remain the same.
In FY2009, the employee’s contribution toward the health care premium shall be increased by 1%.
In FY2010, the employee’s contribution toward the health care premium shall be increased by 1%.
In FY2011, the employee’s contribution toward the health care premium shall be increased by 1%. However, no increase shall occur if a requisite number of Unit III employees sign-up for the Triple Option Health Care Program option that provides sufficient projected savings to off-set the agreed upon 1% increase.
Prescription Drug Mail Order Plan Design-100 day supply
Employee co-pay on the prescription plan component of Medical Health Coverage will continue to be $15.00 for the CAREMARK 100 day mail-order supply.
The health care plan will be designed in accordance with the tax provisions of Section 125 of the Internal Revenue Code, which in part allows Unit III members to pay health care premiums with pretax dollars. The Board will accept enrollment during the year from a Unit III member (outside of the annual open enrollment period) in accordance with the provisions set forth in Section 125.
The Board will provide group health care plans and group medical plans as described in Appendices B and C.
For the PPN the in-network lifetime maximum will be unlimited, the in-network mental and nervous payment schedule is $15, $25, and $35, and the out-of network mental and nervous payment schedule will be in accordance with State mandates.
Prescription benefits are as described in the attached Appendix B.
There will be a minimum of two (2) HMO offerings.
Plan Benefits are as described in the attached medical comparison chart [appendix b] and DENTAL and VISION charts [appendix c]
Indemnification of Employees
To the extenT there is a change in the vendor of the administrative services organization or the insurer (third party oR self insurer), the board of education will fully indemnify the participant for all medical costs, fee expenses, charges and the legal fees and costs, if any, to enforce this indemnity in the event a participant’s current in-network health care provider is not an in-network provider with the new vendor at the time the program is implemented. This indemnity will remain in effect so long as the participant continues to use out-of-network provider or until the out-of-network provider becomes a part of the network. It is the intent of the board of education to ensure that a participant incurs no cost, loss of service, or additional out-of-pocket expenses at the time of service, by any of his or her health care providers who may be out-of-network in the event of a change in the vendor of administrative services or the insurer. Such requirements shall be included in any future Request For Proposal (rfp) regarding change of services and/or vendor.
The Board reserves the right to bid the Board-sponsored health plan. The Union will be a party to the selection process regarding all respondents to the R.F.P. The Board will continue to pay the % stated above towards the premium cost for a period of three (3) months for an individual who, after using his own sick leave allowance, is placed on a qualified approved leave of absence for personal illness.
Section 2: Flexible Spending Account
The Board will make available flexible spending accounts, as provided under Internal Revenue Service regulations, that can be used by Unit III employees for dependent care and health care costs.
Section 3: Term Life Insurance
A term life insurance policy for $50,000 with full cost paid by the Board shall be provided for each Unit III member. An optional term life insurance policy for $5,000 units to the maximum of $100,000 with full premium paid by the Unit III member shall also be provided through payroll deduction if participation by the Board's employees meets the minimum requirements of the carrier.
Section 4: U.S. Savings Bonds
The Board shall make payroll deductions for U.S. Savings Bonds for those Unit III members who make such request in writing in September of any year or within 30 days after the effective date of employment or 30 days after an employee is reinstated following a leave of absence.
Section 5: Authorized Trip
The Board shall provide insurance coverage for accidental death or dismemberment of a Unit III member while on an authorized trip in the performance of his/her duties as an employee. Payments shall be in accordance with the following schedule:
Life $100,000
Both hands or both feet or sight of both eyes $100,000
One hand and one foot $100,000
Either hand or foot and sight of one eye $100,000
Either hand or foot or sight of one eye $50,000
Section 6: Personal Property Damage
Subject to a recommendation of the supervisor and approval of the Superintendent, the Board shall pay an amount not to exceed $200 for damage to a Unit III member's personal property which may happen as a result of personal assault while he/she is on duty. Payment by the Board shall not be an admission of responsibility or liability by the Board, its agents, servants or employees.
Section 7: Allotment for Purchase of Uniforms
Upon completion of the probationary period, uniforms will be allotted as follows:
Custodians 5 pants, 5 shirts
Chief custodians 5 pants, 5 shirts
Print shop 3 smocks
Maintenance 5 pants, 5 shirts
Painters 5 pants, 5 shirts
Cafeteria employees shall receive a uniform allotment of $115. Summer weight shirts and women's sizes will be part of the bid specification for uniforms.
The Board shall supply safety work shoes/boots to any employees when required to do so by the employer. The allotment shall be on a direct exchange basis, as approved by the supervisor, and the specifications shall be reviewed and commented upon by the Safety Advisory Committee.
The Safety Advisory Committee shall recommend to the appropriate department/division supervisor the classifications/occupations/positions which will be required to wear safety work shoes/boots at all times. Upon issuance, employees shall be required to wear work safety shoes/boots while performing those duties requiring the protection of work safety shoes/boots.
Section 8: Retirement Counseling
Upon request to the Division of Human Resources, Unit III employees eligible to retire shall be provided with literature explaining the various options available to them upon retirement. A personal conference may be held for those employees who wish such a conference.
Section 9: Union Insurance Program
The Board shall provide for one voluntary payroll deduction for each Unit III member for the AFSCME sponsored insurance programs. The total amount of the initial deduction and of an amended total resulting from changes in rates and/or the addition or termination of policies shall be indicated to the Board by written authorization from AFSCME, signed by the member.
ARTICLE 17
MANAGEMENT RESPONSIBILITY
Section 1: Effect of Agreement
Nothing in this Agreement shall be construed as delegating to others the authority conferred by law on the Board, or in any way abridging or reducing such authority.
Except as expressly provided otherwise in this Agreement, the determination and administration of school policy, the operation and management of the schools, and the direction of employees are vested exclusively in the Board.
ARTICLE 18Section 1: Hourly Rates
The wages for calculating annual salaries for Unit III employees covered by this agreement for July 1, 2007 –
June 30, 2011, are set forth in Appendix A1, A2, A3, and A4 which includes a 3% increase over the previous year. Namely,
Effective July 1, 2007, a restructured salary scale shall be implemented beginning with Step 1 through
Step 25, inclusive. Longevity steps are incorporated into the new salary scale.
A Unit III member who receives a “Needs Improvement” annual performance rating shall be eligible to receive a general wage increase (COLA), but no step-increment.
A Unit III member whose overall annual performance is rated “Unsatisfactory” shall receive no pay increase, neither a step-increment, nor general wage increase (COLA). Specifically, their pay shall remain the same.
Performance Review Process
A performance review process shall be established to respond to an employee’s disagreement to his/her overall performance rating beginning in FY2008.
A six-month follow-up re-evaluation shall occur in those cases where an employee receives an overall performance evaluation of “Needs Improvement” or “Unsatisfactory”. A plan for improvement shall be developed to address the areas of concern/non-performance.
An employee who receives a “Needs Improvement” or “Unsatisfactory” rating, is then placed on a plan for improvement, and subsequently improves his/her performance to a satisfactory or better level, shall be advanced to the step he/she would otherwise have been eligible for, effective the first pay following the follow-up re-evaluation.
Section 2: Shift Differential
A wage differential of $.69 per hour shall be paid to:
A wage differential of $.74 per hour shall be paid to:
Mid-Shift Differential
The Board agrees to compensate current employees who are involuntarily reassigned to the mid-shift. Specific terms will be included in a Memorandum of Understanding to be developed by the Chief Negotiators of the Board and AFSCME.
Beginning in FY2000 Shift Differential will increase by the same percentage increases (COLA) as applied in future year(s) to the Single Salary Schedule.
The provisions of this section shall not apply to Unit III members called in on emergency assignments nor to members on overtime work which is compensated at premium rates, unless they otherwise have been entitled to the night shift/weekend rate.
Section 3: Incentive Pay
Employee Performance Stipend
A Unit III member who achieves an exemplary job performance rating for his/her annual performance evaluation shall receive a one-time performance stipend. This stipend shall be in addition to any overall general increase in the Unit III employee salary scale. The stipend shall be as follows:
For FY2008, $200. For FY2009, $250. For FY2010, $300. For FY2011, $350.
Eligibility for an exemplary performance stipend shall be based on the standards/criteria so defined in, and as part of, the Unit III annual performance evaluation instrument and rating process.
Employee Attendance Incentive Bonus
A Unit III member who has a Perfect Attendance record during the defined attendance session (6 month period of time) shall receive a bonus of $250.00
A Unit III employee who has an Exemplary Attendance record during the defined attendance session (6 month period of time) shall receive a bonus of $75.00.
The defined attendance session dates shall be November 1 through April 30; and, May 1 through October 31, respectively.
A one-time Perfect Attendance or Exemplary Attendance bonus shall be paid to those eligible Unit III members at the end of the defined attendance session (6 month period of time) that is at, or near the pay period for the winter holiday break; and then, at or near the end of the school year.
A Unit III member must have worked greater than a majority of scheduled duty days during the defined attendance session (6 month period of time) in order to qualify for the Perfect Attendance or Exemplary Attendance bonus.
Eligibility for a Perfect Attendance or Exemplary Attendance bonus is as defined under the Incentive Pay: Perfect/Exemplary Attendance Chart – See Appendix - A5.
Group Attendance Incentive Bonus
An annual group attendance incentive bonus of $75/per year shall be paid to those eligible Unit III work groups/teams for improving attendance to the designated quota/percentage. The standards/criteria for each organizational unit may vary, depending on the particular composition of the groups/teams. Such standards/criteria shall be defined and made known to employees, in advance of the assessment/rating period. The organizational units shall be as follows:
Organizational Units
In FY2008, a joint study committee group shall be convened to establish the definitions and criteria to be used regarding the benchmarks for group incentive pay for improving group attendance.
Employee TRIPLE INCENTIVE BONUSA Unit III member who receives a Perfect Attendance bonus for the year and also receives the highest annual performance rating shall be awarded an additional one-time pay bonus of $350.
Challenged Schools
A stipend of $350 shall be paid to those full-time, 12-month Unit III school-based employees who are working in designated "challenged" schools and receive a satisfactory performance appraisal.
An additional like amount shall be paid to these employees if the school achieves Annual Yearly Progress. These amounts may be pro-rated for those employees who are 10-month, or part-time, part-year, itinerant or who incur lost time during the school year.
The designation of challenged schools shall be as defined by the MSDE AYP Report, and/or any other schools as may be selected or determined at the sole discretion of the Superintendent and Board of Education. Such schools may change from year to year, accordingly.
Section 4: Payroll Distribution
Delivery of paychecks shall be made on every second Wednesday.
Section 5: Payroll Information
Check stubs for Unit III members shall contain all pertinent information including deductions, days worked, number of annual days, number of sick days, emergency callback, meal allowance and/or other personal payroll deductions.
For ten-month Unit III members, one twenty-second of each member’s salary shall be paid to a lead bank every two weeks for the ten months of employment. For twelve-month Unit III members, one twenty-sixth of each member’s salary shall be paid to the lead bank every two weeks for the twelve months of employment. The lead bank shall be chosen by the Board. Salary payments shall be calculated two weeks subsequent to the period of earnings. The first payment will be made either the second or third week in September. The Board shall, at the biweekly pay periods, provide to each member a statement of all monies earned, deductions and reductions made and the net amount deposited in the member’s name with the lead bank.
The lead bank will deposit or transfer the Unit III member’s pay as directed by that individual. The lead bank may deposit the member’s pay in a charge-free checking account at the lead bank, forward the pay to savings or investment accounts in the lead bank as directed, or transfer the pay to a selected home bank. The member may stipulate the placement or transfer of funds by written direction.
Section 6: Temporary Assignment
A Unit III member who has completed his/her probationary period and who is temporarily assigned by the appropriate department head to a job classification in a higher pay grade than his/her regular classification shall be paid in accordance with the salary for the position in the higher pay grade effective on the 11th consecutive workday.
Section 7: Mileage Rate for Travel
Effective July 1, 2005, increase mileage to IRS rate.
Those Unit III members in maintenance or operation positions who must drive their car or truck at the specific request of their supervisor shall be reimbursed at the rate IRS rate plus an additional $.03 per mile. Food service employees who transport food to satellite schools shall receive $8.00 for less than ten (10) miles per day and $10.00 for ten (10) miles or more per day. All other food service employees who have authorized travel in excess of ten miles per day shall be reimbursed at the IRS rate.
Section 8: Lift Bus Attendants Wage Differential
Bus attendants who are required to operate lift apparatus and/or are required to lift orthopedically disabled persons on/off buses shall receive a wage differential of $.65 cents per hour.
Section 9: Cafeteria Manager's Wage Rates
Cafeteria manager's wage rates will not be decreased during the school year as a result of a change in the number of meals purchased by students within the jurisdiction for which they are responsible. Managers shall be notified of their grade and pay scale for the upcoming year on or about July 1 of each year.
Section 10: Tuition Reimbursement
The Board recognizes the need for the professional development of Unit III employees. Unit III employees may apply for tuition reimbursement grants to help defray the cost for coursework taken to improve his/her skills or to achieve a college degree.
$2,500 will be set aside for tuition reimbursement for Unit III employees. The following conditions shall apply for reimbursement:
Courses for reimbursement must be job‑related and have the approval of the Supervisor of Labor Relations and Classified Personnel prior to enrollment.
Each Unit III employee may receive a maximum of one hundred dollars per school year. In graded courses, the employee must earn a grade of "C" or better before reimbursement will be approved.
Any money left unused from the total Unit III tuition reimbursement amount shall be equally distributed to the persons participating in the program. There shall be an individual minimum reimbursement amount per year of the total cost of completed course(s) plus textbook(s) and laboratory fee(s).
Section 1: Strikes
For the duration of this Agreement, AFSCME shall not engage in or sponsor a strike.
Section 2: Lock out
The Board will not lock out any Unit III member.
Section 1: Effect of Invalid Portion of Agreement
In the event any article, section, or portion of this Agreement should be held invalid by any court of competent jurisdiction, such invalidity shall not affect the other provisions or any other application of this Agreement which can be given effect without the invalid article, section, or portion. Within ten workdays after the receipt of such a decision by the parties, the negotiating teams of the Board and AFSCME will meet to give the parties an opportunity to introduce proposals for negotiating a substitute for the invalidated article, section, or portion. The parties agree to begin negotiations immediately in an effort to reach Agreement on any proposals so introduced.
Section 1: No Unfavorable Entry
No unfavorable entry shall be placed in the file of a Unit III member unless it is signed by the person submitting the information. The employee shall be given the opportunity to acknowledge that he/she has read such materials by affixing his/her signature on the original or an actual copy with the understanding that such signature merely signifies that he/she has read the material to be filed and does not necessarily indicate agreement with its contents. The employee shall have the right to answer any material filed and his/her answer shall be attached to the file copy. An employee's refusal to sign shall be noted by an administrator and a witness.
Except for evaluation ratings, any record relating to a disciplinary action may be removed from an employee’s file if requested in writing by the employee, provided that three (3) years have elapsed since such disciplinary action was taken against such employee. Any action to expunge such materials must have the approval of the appropriate assistant superintendent. Further, no record/document may be removed from an employee file that would be in violation and/or conflict with applicable statutory and/or employment law regulations/requirements.
The final decision to expunge a record shall not be subject to the grievance procedure.
Section 2: Personnel Files Open to Employee
All items entered in a Unit III member's personnel file in the Division of Human Resources after July 1, 1984, shall be open to that employee by appointment.
Section 3: Files Inspection Limited
A Unit III member's personnel file shall normally be open to inspection only by administrative and supervisory personnel and by the clerical staff of the office where the file is located. The Union President/Vice President shall be given access to review the personnel record of an employee and obtain copies of that file upon the express written authorization of the employee on a Board authorized form.
ARTICLE 22
EFFECTIVE PERIOD OF AGREEMENT
Section 1: Dates: Provisions for Amending
This Agreement shall become effective July 1, 2007, and shall continue in full force and effect until June 30, 2011. It is further understood that this Agreement can be added to, amended, or modified only by a document in writing, which has been ratified by the parties following negotiations mutually agreed to by the Board and the Union.
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