AGREEMENT

 

Between The

 

M.S.A.D. #4 EDUCATION ASSOCIATION/MEA/NEA

 

(ESP)

 

And The

 

M.S.A.D. #4 BOARD OF DIRECTORS

 

 


2007-2010




                                               
Table of Contents

 

Article I                          Recognition . . . . . . . . . . . . . . . . . . . . . . . . . . .     3

Article II                        Management Rights . . . . . . . . . . . . . . . . . . . . .     3

Article III                        Probationary Period . . . . . . . . . . . . . . . . . . . . .     3

Article IV                        Examinations . . . . . . . . . . . . . . . . . . . . . . . . . .     4

Article V                         Association Rights . . . . . . . . . . . . . . . . . . . . . .     4

Article VI                        Work Week & Work Schedule . . . . . . . . . . . .      5

Article VII                       Job Descriptions . . . . . . . .  . . . . . . . . . . . . . . . .   6

Article VIII                     Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   7

Article IX                        Personnel File . . . . . . . . . . . . . . . . . . . .  . . . . . .   7

Article X                         Position Vacancies . . . . . . . . . . . . . . . . . . . . . .    8

Article XI                        Professional Development . . . . . . . . . . . . . . . .      8

Article XII                     Subcontracting . . . . . . . . . . . . . . . . . . . . . . . . .    9

Article XIII                     Wages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .   10

Article XIV                     Health Insurance . . . . . . . . . . . . . . . . . . . . . . . .    11

Article XV                      Dues Deductions from Salary . . . . . . . . . . . . . .     12

Article XVI                     Leaves . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Article XVII                    Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    14

Article XVIII                   Vacation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    15

Article XIX                    Reduction in Force . . . . . . . . . . . . . . . . . . . . . .    16

Article XX                      Discipline & Discharge  . . . . . . . . . . . . . . . . . .     18

Article XXI                     Grievance Procedure . . . . . . . . . . . . . . . . . . . .     19

Article XXII                    Health & Safety . . . . . . . . . . . . . . . . . . . . . . . .     22

Article XXIII                   Employee Retirement . . . . . . . . . . . . . . . . . . . .     23

Article XXIV                   Savings or Scope & Separability  . . . . . . . . . . .     23

Article XXV                    Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .    24

Schedule A                      Wage Scale . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25

 

 

PREAMBLE

 

            This Agreement is entered between the M.S.A.D. #04 Board of Directors and the M.S.A.D. #04 Education Association/MEA/NEA.

 

            WHEREAS, the Board and the Association have reached certain understandings which they desire to confirm in this Agreement,

 

            NOW THEREFORE, the parties mutually agree as follows:

 

 

ARTICLE I

 

RECOGNITION

 

            The M.S.A.D. #04 Board of Directors hereinafter referred to as the "Board", recognizes the M.S.A.D. #04 Education Association/MEA/NEA, hereinafter referred to as the "Association", as the sole and exclusive bargaining agent, as defined in 26 M.R.S.A. 962, of a unit consisting of all Bus Drivers, Title I Ed Techs III, Custodians, Ed Techs I, II and III, Food Service Workers, School Secretaries, Library Technicians II, Groundskeeper, Mechanic and excluding probationary employees, Administrative Assistant (Superintendent's Office), Superintendent's Secretary, Transportation Supervisor, Maintenance Supervisor, and all other employees of MSAD #04.

 

 

ARTICLE II

 

Management Rights

 

A.        Except as explicitly limited by a specific written provision of this Agreement, the Board shall continue to have all rights, functions, powers, duties, or authority available to it under law.  The exercise of any right or power of the Board or the effect thereof shall not become the basis for a grievance or a prohibited practice complaint in and of itself nor because it is alleged to have been done inconsistently or in violation of past practice.  A failure to exercise any function reserved to the Board shall not be deemed a waiver of its right to exercise such function at a later time.

 

B.         The Association acknowledges the right of the Board to make such rules and regulations governing the conduct of its employees in accord with this agreement as the Board deems necessary.

 

 

ARTICLE III

 

Probationary Period

 

            All newly-hired employees shall serve a probationary period of twelve (12) months.

 

 

ARTICLE IV

 

Examinations

 

A.        Each bus driver shall have an annual physical as required by statute.  Said annual examination must be completed in August prior to the first day of each school year.

 

B.         The Superintendent shall require each employee to have a physical examination prior to being placed on probationary status.  The employee will be expected to demonstrate and to be certified by the examining physician that there is no physical disability that would prevent the employee from carrying out the requirements of his/her job description, except with reasonable accommodations as required by law.

 

C.     The Board reserves the right to select its own physician at no cost to the employee.  Should an employee wish to be examined by a physician of his/her choice in lieu of the Board's fully paid examination, the Board shall reimburse the employee for his/her cost, up to the amount of the cost of the Board's fully paid examination.  The employee shall use his/her insurance to pay for said examination when using other than the Board's physician.

 

ARTICLE V

 

ASSOCIATION RIGHTS

 

A.        Representatives of the Association may participate during working hours in negotiations or grievance proceedings providing the employee makes up the time during the same work week or other mutually acceptable time.

 

B.         The Association should report the presence of affiliates and gain approval of Superintendent of Schools or his/her designee before transaction of business on school property.  The Association shall gain approval of the principal before entering and transacting official Association business on school property.  The transaction of business shall not interfere or interrupt normal school operation.

 

C.        The Association and its representatives may use school buildings at reasonable hours for meetings upon advance notice of the time and place of such meetings so long as the meeting does not interfere with the normal operation of the school.  The principal shall permit the holding of such meetings except in cases when previously scheduled for another event.  The Association shall reimburse the Board for any extra janitorial labor costs required for the holding of such meetings.

 

D.        The Association may use school equipment on school property at reasonable times when such equipment is not otherwise in use.  The Association will be responsible for the damage of facilities and equipment used.

 

E.         The Association may purchase expendable office supplies and other materials from the Board suppliers at the time of Board purchase if supplies are to be used for legal or authorized reasons only.

 

F.         The Association shall have the right to use the interschool mail facilities and school mail boxes for legal or authorized reasons only - official Association business.

ARTICLE VI

 

WORK WEEK AND WORK SCHEDULE

 

A.        Prior to any contemplated reduction in a non-probationary Employees’ hours of work, the Board shall meet and consult with the Association concerning any contemplated reduction in hours. The purpose of the meet and consult session is to inform the Association of a potential reduction and to seek information and ideas that the Association may have for any alternative courses of action.

 

B.         Any employee who normally works a schedule in which the majority of hours fall outside the period from 8 AM to 3 PM shall receive a shift differential of twenty five (25) cents per hour as noted in the wage schedule for all hours in his/her work schedule.

 

C.        The work week starts on Monday and ends on Sunday.

 

D.        Meal Period

 

            All employees who work at least six (6) hours shall be granted an unpaid lunch period of thirty (30) minutes during each work day.  Whenever possible, the lunch period shall be scheduled near the middle of each work schedule.

 

E.         Overtime and Comp Time

 

The decision of whether overtime is to be assigned is a management decision.  Nothing in this section shall require overtime to be assigned, however if it is assigned, then the following provisions shall apply.

 

1.         The Superintendent or designee shall equitably distribute opportunities for overtime work among qualified employees in the affected classification(s).

 

2.         Employees required by the Superintendent or designee to work more than forty (40) hours in any work week shall be compensated for such time over forty (40) hours at one and one-half (1 1/2) times the base rate of pay. The employee may elect to receive such compensation in the form of paid time off, which shall be granted on the basis of one and one-half (1 1/2) hours of time off for each hour of overtime worked at a time approved by the employee’s immediate supervisor.

 

            3.         While it is preferred and customary that compensatory time be taken within sixty (60) days of the time when it was earned, compensatory time may be taken any time prior to the end of the school year upon mutual consent between the employee and supervisor followed by written notification of such from the supervisor to the central office.

 

4.        Scheduling shall be at the sole discretion of the Superintendent or his/her designee so that the interests of the district are met.  Overtime or compensatory time for hours worked in excess of forty (40) hours per week shall be at the discretion of the Superintendent or designee.  No overtime will be permitted without the prior approval of the Superintendent, or his/her designee.

 

                                   

F.         CALL BACK TIME

 

            Any employee called to work by his/her supervisor between the end of his/her work shift and the beginning of the next shift, or on a non-work day, shall be paid for a minimum of three (3) hours.

 

G.        STORM DAYS

 

            Any employee who reports to work on a storm day without       timely notice not to report shall be paid for the time involved in round trip travel and work until notified of the storm day, but in no event less than two (2) hours.  Timely notice is considered to be one (1) hour before the shift begins.

 

H.        EARLY DISMISSAL

 

            An employee, whose scope and nature of their job allows, and with prior authorization from their supervisor, may work any normally scheduled hours lost from an unexpected early dismissal of school either that day, or within five (5) working days.                                                                                                        

 

ARTICLE VII

 

JOB DESCRIPTIONS

 

A.        Each employee shall be provided upon hire with a current written job description which accurately describes his/her job responsibilities.  The Association President shall be provided with a copy of the current job description of employees in the bargaining unit. A signed copy will be retained in the office of the Superintendent.

 

B.         Administrators and employees may periodically review job descriptions and suggest revisions. Any proposed substantive revisions to job descriptions will be provided to the employee and the association, for purposes of review and feedback, for a period of no less than thirty (30) days prior to final approval by the Superintendent. 

 

C.        All newly created job descriptions and/or changes to existing job descriptions shall be approved by        the Superintendent prior to becoming final.

 

 

ARTICLE VIII

 

EVALUATION

 

A.        Employees shall be evaluated by their immediate supervisor and/or the Superintendent or designee in accordance with the Board's support staff evaluation policy. All evaluations will be conducted openly and with the knowledge of the employee.

 

B.         A copy of the evaluation criteria and form to be used will be posted electronically and available in hard copy at any time upon request.

 

C.        Employees shall have the right to a conference with their evaluator to discuss the evaluation.  An employee shall be given a copy of any evaluation report prepared by his/her evaluator.  No evaluation shall be placed in the employee's file or otherwise acted upon unless the employee has received a copy.

 

D.        Any formal written complaint made against an employee to the administration or any complaint which is used in an evaluation shall be brought to the attention of the employee.

 

E.         An employee shall within a time period of thirty (30) days after receipt of material to be placed in their file have the right to attach written response to such material, including evaluations that are being placed in his/her file.

 

F.                  Employees shall be notified by their supervisor of any perceived deficiencies in their job performance in a timely manner.

 

 

ARTICLE IX

 

PERSONNEL FILE

 

A.        The Board shall maintain, for official purposes, one (1) personnel file for each employee.  This file shall be kept under conditions required by statute and shall contain copies of personnel forms, official correspondence to and/or from the employee, written evaluations and other material relating to the individual's employment.

 

B.         Employees shall be sent a copy of all material henceforth placed in the file, at the same time the material is placed in the file.  Anonymous or un-attributed material shall not be placed in the file.  An employee shall have the right to submit a written response to any material placed in the personnel file as long as such response is provided within thirty (30) days of receipt of the material by the employee.  This written response shall then be filed with the appropriate material.

 

C.        Employees and/or their designated representative, shall have the right to examine their file in the presence of the file's custodian, or that individual's designee, during the normal business hours of the office in which the file is kept.

 

D.        The employee may obtain one copy annually of any material in the personnel file at the Board's expense during the normal business hours of the office in which the file is kept.  Additional copies may be obtained at a cost to the employee.

ARTICLE X

 

POSITION VACANCIES

 

A.        Whenever a job opening occurs for a position within the bargaining unit it shall be posted internally and, if advertised, no later than the time it is being advertised externally.  Such posting shall be done electronically using the district website and a folder on the district e-mail system.  Employees who desire to be notified of vacancies occurring during the summer months in specific classifications shall notify the Superintendent’s office in June and provide self addressed stamped envelopes for the notices to be sent to the employee. 

 

B.         A position cannot be filled by a person outside the bargaining unit until the position has been posted internally for five (5) calendar days.  Any candidate from the bargaining unit will receive written notification of their application status in writing via regular mail or e-mail at each phase of the hiring process including any round of interviews and actual hiring.

 

 

ARTICLE XI

 

PROFESSIONAL DEVELOPMENT

 

A.        1.         Should the Superintendent require an employee to enroll in a specific course, the Board shall reimburse the employee, upon successful completion of the course, for actual costs of tuition, books, fees and travel.

 

            2.         The employee shall be paid for the actual class time of any such course.

 

B.         Employees who receive written approval from the Superintendent prior to enrollment in a course that is directly related to his/her present position, shall be reimbursed for the costs of tuition, required fees, and textbooks at a rate not to exceed current University of Maine charges. Such reimbursement shall be limited to six (6) credit hours per year.  The Superintendent may withhold approval for such courses for good reason, and the employee shall be informed of the reason that approval was denied.

 

C.        The Superintendent shall make arrangements at the employee's request, with any accredited college or university for procedure for third party billings of courses taken and successfully completed under Sections A and B above.  In addition, the Superintendent shall provide a procedure for advance payment of courses under Sections A and B above.  Should the employee not complete the course successfully with a grade of C or better or a pass in a pass/fail system, the employee shall reimburse the Board and or college or university for any outstanding costs.  An employee shall as a condition of third party billing or prepayment, agree in writing to reimburse for courses not completed successfully. Employees shall provide documentation of successful completion of courses within thirty (30) days of completion.

 

D.        Employees who receive prior written approval of the Superintendent shall be reimbursed for courses, workshops, and similar educational experiences that may or may not have formal credits attached, but which relate directly to job performance.

 

E.         Employees who work less than thirty-five (35) hours per week shall receive a prorated reimbursement under sections B, C and D.

 

F.         An employee who is reimbursed for course(s) taken during the   summer under sections B, C and D agrees to return to work for the District for the following fall semester, unless involuntarily terminated.  If the employee voluntarily leaves employment during the fall semester, the employee shall reimburse the Board on a prorated basis for the cost of the course(s). 

 

G.                 Failure to comply with any of the preceding items will result in the employee having the cost expended by the district for the course withheld from that employee’s pay. The individual employee responsible for reimbursement of cost to the district shall enter into a written agreement specifying that the repayment amount will be deducted from bi-weekly payrolls not to exceed five (5) in number or to be concluded no later than issuance of the final payroll for the school year. 

 

 

ARTICLE XII

 

SUBCONTRACTING

 

A.        Providing subcontracting does not reduce the hours nor cause the layoff of current employees, the Board reserves the right to contract with outside agencies for bargaining unit work as it deems in the best interest of the school system:

            1.         to obtain additional expertise, experience, skills, services, equipment or machinery not available within the bargaining unit or not within a bargaining unit position description; or

 

            2.         to accommodate temporary increases in work load or other temporary needs; or

 

            3.         to the extent it has been the practice to do so in the past.

 

B.         The Board agrees that it will notify the Association in writing, and, upon written request, negotiate with the Association concerning any contemplated decision to subcontract bargaining unit work which may result in the layoff or reduction in hours of current employees.

 

 

ARTICLE XIII

 

WAGES

 

A.        Effective July 1, 2007, at the time of hiring, the district will consider previous work experience when placing the new employee on the scale for pay.  The Superintendent of Schools will determine initial placement.

 

B.                 Should an employee leave employment for less than one (1) year, the employee shall not be considered to have suffered a break in service for the purpose of wage scale placement only.  For purposes of this article, classification is not subdivided by grade level.  Credit for service in a higher level of a related classification shall be granted when an employee changes to a lower level of a related classification: the employee will be paid on the lower level classification wage scale.  When an employee changes to a higher level of a related classification, the employee will be placed at the pay level equal to or one step higher than their rate of pay prior to the change.

 

C.        Employees shall be paid bi-weekly with wages paid within seven (7) days after the conclusion of  the pay period

 

D.        When a pay day falls on a legal holiday and the central office is closed, checks will be available the last work day prior to the holiday.

 

E.         Employees who are required to use their personal vehicle for school business shall be reimbursed for such use at the current IRS rate per mile.  Mileage shall be computed round trip from the employee's primary work location and return.

 

F.         Bus drivers will be compensated up to two hours per month above and beyond their regular hours for the purpose of practicing and training to maintain or improve driving skills.  These sessions will generally be voluntary in nature, but, on occasion may be assigned by the transportation supervisor.

 

G.        Yearly uniform allowances shall be maintained at the current levels as follows:

 

            Custodian/Food Services:         $100.00 - 40 hours

$ 75.00 – less than 40 hours but equal to or greater than 25 hours

                                                            $ 50.00 - less than 25 hours

 

            Bus Mechanic:                         $200.00 per person

 

            Grounds Keeper:                      $200.00 per person

 

            Transportation:                         $80.00 per person

 

 

ARTICLE XIV

 

HEALTH INSURANCE

 

 

A.        The Board agrees to pay 80% full benefit of MEA Anthem Choice Plus or any other plan mutually agreed to by the Association and the Board during the term of this contract, for a single subscribers plan for all personnel employed after July 1, 2004.  The board also agrees to pay 80% of single, adult w/child(ren), two person, or family coverage as applicable, up to a maximum of full coverage per month for full-time employees employed prior to July 1, 2004.  Full-time employee shall mean an employee who is normally scheduled to work 40 hours per week, for employees who were not enrolled in the health insurance plan on February 24, 1997; and 35 hours for employees who were enrolled in the health insurance plan as of that date. In the event that both spouses are employed by the district, the above sum shall be paid towards only a single, two person, or family policy, as applicable, in order to minimize the cost to the district.  Those eligible for the coverage are the employees, spouse or children who meet the age requirement of the policy.  Insurance benefits for employees working less than full time as defined herein shall be prorated, based on full time status equal to forty (40) hours. 

 

B.                 Employees who work less than year round shall be responsible for paying the entire cost of the insurance premium in July and August, unless the employee is scheduled to work a majority of the work days for his or her classification in either July or August.  In such event, the Board shall continue its normal monthly contribution.

 

C.                 Employees simultaneously employed under both the ESP and Teacher Bargaining Agreements will receive benefits under the agreement covering the position where the larger percentage of hours is worked.  In the case of an equal split in time the employee will have their choice.

 

D.        Employees working less than year round will be given the opportunity at the beginning of the school year to authorize the deduction, in equal installments during their ensuring work year, the full cost of insurance premiums for the months of July and August.  The Board shall remit such funds in a timely manner on behalf of the employee to the insurance carrier.  The employee shall be responsible for submitting to the District prior to the 1st of the month any shortfall resulting from a premium increase for the months of July and August.  Such deductions shall be subject to any rules and regulations under the Federal Tax Code.

 

(Note:  Under Federal Tax Code, money deducted through a 125 Plan (employee pre-tax health insurance contributions) may not be returned to employee.)

 

E.      Employees who are normally scheduled to work less than twenty (20) hours per week shall not be eligible for health insurance paid by the Board.

 

 

ARTICLE XV

 

Dues Deductions from Salary

 

A.        The Superintendent shall deduct from employees' salaries membership dues as indicated below as said employees individually and voluntarily authorize the District to deduct and to transmit the moneys to such Associations.

 

B.         The Association shall certify to the Superintendent in writing each year the current rate of such membership dues.  In the event any Association changes the rate of its membership dues, the local Association shall give the Superintendent and its membership thirty (30) days written notice prior to the effective date of such change.

 

C.        The Association shall indemnify and hold the Board, District and Superintendent completely harmless against any and all claims, demands, suits or liability of any nature whatsoever that may arise out of or by reason of actions taken or not taken by the District as a result of the dues deductions provisions of Article XV.

 

 

ARTICLE XVI

 

LEAVES

 

A.        JURY DUTY

 

1.         Employees shall be granted a paid leave of absence any time they are required to report for jury duty or jury service during a normal working day.  Employees excused from jury duty during normal work hours shall report back to their places of employment promptly.

 

2.         Employees shall reimburse the Board for any pay (excluding mileage reimbursement) received for jury duty, the intent of which is to assure that the employee receives no more than his/her regular daily rate of pay.  Said reimbursement shall be deducted from the next regular payroll after the employee receives payment from the State of Maine.

 

B.         PERSONAL LEAVE

 

1.                  Up to two (2) days may be used for non-recreational business that cannot be arranged outside of working hours for employees working twenty (20) hours or more and the employee must have prior approval of the Superintendent or his/her designee.  Leave under this section shall not be used for recreational purposes, for job interviews, nor to extend a holiday or vacation period either before or after the holiday or vacation period. The Superintendent may have the sole discretion to grant exceptions to this exclusion for extenuating circumstances.  Employees working less than twenty (20) hours per week shall not be eligible for leave under this section.

 

2.         Personal leave earned shall be recorded and charged by the hour.  A day for this purpose shall be equal to the number of hours in the employee’s normal weekly schedule divided by five (5). 

 

3.                  Any unused personal leave will be accumulated as sick leave. 

 

4.         If an employee does not use any personal days and is at the maximum of ninety (90) accumulated sick leave days by the end of the year (June 30th) the employee will be paid $50.00 for each personal day not used.            

 

C.        SICK LEAVE

 

            1.         Leave for personal illness shall be earned at the rate of one (1) day per month worked up to twelve (12) days per year and are cumulative to ninety (90) days including days from previous years as well as the current year.

 

            2.         Sick days earned shall be recorded and charged by the hour.  A day for this purpose shall be equal to the number of hours in the employee’s normal weekly schedule divided by five (5). 

 

3.                  Up to five (5) of these sick leave days per year may be used in the event of serious illness or accident in the immediate family requiring the presence of an employee.  For purposes of this Article, immediate family shall be defined as spouse, child, parent, and brother or sister.  The superintendent may, at his/her discretion, grant family sick leave for other close relationships.

 

D.        BEREAVEMENT LEAVE

 

1.                  Up to four (4) days of leave shall be granted in each instance of death of father, mother, husband, wife, child, grandparent, grandchildren, brother or sister of the employee or the employee's spouse. The Superintendent may, at his/her discretion, grant bereavement leave for other close relationships.

 

            2.         Bereavement Leave earned shall be recorded and charged by the hour.  A day for this purpose shall be equal to the number of hours in the employee’s normal weekly schedule divided by five (5).

 

E.         ADDITIONAL LEAVES

 

            1.         Additional leaves of absence and/or additions to present leaves may be granted at the    discretion of the Superintendent either with or without pay.  All leave requests and any    subsequent approvals shall be in writing.

 

            2.         An employee on any unpaid leave, or leave which is unpaid, which exceeds five (5) days, shall be responsible for reimbursing the Board the total of the Board's cost of insurance benefits on a per diem basis.  It is understood that the ratio used shall be the number of leave days which are unpaid compared to the number of days in the total work year.

 

            3.         Any employee who is injured while working in employment not connected with his/her school employment, shall not be eligible for sick leave benefits under this Article.

 

F.         WORKMEN’S COMPENSATION

 

The Board shall provide Workers’ Compensation insurance as required by law.

ARTICLE XVII

 

HOLIDAYS

 

A.        The Board shall grant the listed paid holidays to all employees. In order to be eligible for holiday pay, the employee must work, or be on approved paid leave, on the last scheduled work day before the listed holiday and must work, or be on approved leave on the first scheduled day after the listed holiday.  If a holiday falls on either a Saturday or Sunday, it may be observed on either the actual day or the preceding Friday or the following Monday at the discretion of the Superintendent.

 

            1.         Year Round Employees

 

                        Labor Day                                            New Years Day

                        Columbus Day                                      Martin Luther King Day

                        Veterans Day                                       President's Day

                        Thanksgiving Day                                 Patriot's Day

                        Day after Thanksgiving                          Memorial Day

                        Christmas                                             Independence Day

 

 

            2.         Employees whose work year is more than 210 working days, but less than year round.

 

                        Labor Day                                            New Years Day

                        Columbus Day                                      Martin Luther King Day

                        Veterans Day                                       President’s Day

                        Thanksgiving Day                                 Patriot’s Day

                        Day after Thanksgiving                          Memorial Day 

                        Christmas                                            

 

 

            3.         Employees whose work year is less than or equal to 210 working days.

 

                        Labor Day                                            New Years Day

                        Columbus Day                                      Martin Luther King Day

                        Veterans Day                                       Memorial Day

                        Thanksgiving Day                                 Christmas

                        Day after Thanksgiving

 

B.         Employees who are eligible for holiday pay shall be paid based upon their daily average of hours normally worked per week (e.g. a person working 30 hours per week would receive pay for 6 hours).

 

C.        Employees who are eligible for holiday pay and are required to work shall be entitled to the holiday pay in addition to pay for any hours worked on that day.

 

ARTICLE XVIII

 

VACATION

 

A.        Vacation time shall normally be granted during the summer months or other times when school is not in session.  However, vacation time may be taken at other times with prior written approval of the employee’s immediate supervisor.

 

B.         Paid vacation time for 52 week per year employees shall be equivalent to the normal daily hours worked or the average number of hours worked per day or eight (8) hours whichever is less.  Employees who work in more than one classification shall receive a prorated hourly rate of pay determined by the percentage of time worked in each classification for the year.  Annual vacation accumulation shall be determined as of June 30 of each fiscal year.  An employee who has completed at least six (6) months of service in the first year of employment shall receive credit for one (1) year of service in that first year.

 

                                                Years of Continuous                 Vacation Time for

                                                 Service Completed                  52 week Employees

 

                                                              1 year                                       5 days

                                                              2 years                                   10 days

                                                            10 years                                   15 days

 

C.        All vacation days must be used by June 30 of the fiscal year following the year in which they are earned.  Failure by an employee to use his vacation time from the previous fiscal year by June 30, shall result in a forfeiture of any such days (use it or lose it practice).  This provides an employee with a twelve (12) month period in which to take his/her vacation time.

 

D.        Any employee who is laid off, retired, or separated from the service of the Board for any reason, prior to taking his/her vacation, shall be compensated for the unused vacation which has been accumulated at the time of separation.

 

 

ARTICLE XIX

 

REDUCTION IN FORCE

 

A.        In the event the Board determines that a reduction in the workforce is necessary for any reason, employees shall be laid off by classification based upon the following criteria:

 

1.                  documented skill(s) and ability(ies) which are relevant to job requirements

            2.         seniority

            3.         written performance evaluation

 

B.         The Board has the sole determination of which positions within a classification shall be affected by a reduction in force following consultation with the Association.

 

C.        Classifications

 

            1.         District