AGREEMENT BETWEEN FALMOUTH SCHOOL COMMITTEE AND THE TEAMSTERS UNION. LOCAL NO. 59 (Custodians/Maintenance)

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1 FALMOUTH PUBLIC SCHOOLS FALMOUTH, MASSACHUSETTS AGREEMENT BETWEEN FALMOUTH SCHOOL COMMITTEE AND THE TEAMSTERS UNION LOCAL NO. 59 (Custodians/Maintenance) Effective July 1, 2015 Expires June 30, 2018

2 TABLE OF CONTENTS ARTICLE TITLE PAGE Agreement....3 I Recognition and Union Security...3 II Steward - Appointment and Duties...4 III Leave of Absence...4 IV Hours of Work...5 V Seniority...6 VI Military Clause...7 VII Grievance Procedure...7 VIII Arbitration...8 IX Discharge or Suspension...8 X Check Off...8 XI Access to Premises...9 XII Paid Holidays...9 XIII Vacations...9 XIV Miscellaneous...10 XV Wages...12 Salary Schedule...12 Retirement Bonus...12 XVI Shift Differential...13 XVII Longevity Pay...13 XVIII Management Rights...13 XIX No Strikes XX Sick Leave Buy Back...13 XXI Termination of Agreement...14 Signatures...14 Appendix A - Salary Schedules...15 BETWEEN FALMOUTH SCHOOL COMMITTEE AND THE TEAMSTERS UNION LOCAL NO. 59 FPS/Custodians Page 2

3 Effective July 1, 2015 Expires June 30, 2018 This agreement made and entered into as of the first day of July, 2015, by and between the Town of Falmouth School Committee, having its place of business at the School Administration Building, 340 Teaticket Highway, East Falmouth, Massachusetts, hereinafter referred to as the EMPLOYER and the TEAMSTERS UNION LOCAL #59, 27 South Sixth Street, New Bedford, Massachusetts, affiliated with the International Brotherhood of Teamsters, hereinafter referred to as the UNION, for and on behalf of its members now employed or who may be employed by the EMPLOYER, which members are hereinafter referred to as the EMPLOYEES, to govern forth from the lst day of July 2015 until the 30th day of June 2018 and shall be binding upon both parties, their heirs, successors and assigns. ARTICLE I RECOGNITION AND UNION SECURITY A. This Agreement relates to and covers all permanent and regular part time custodians and maintenance men who work twenty (20) hours or more per week, excluding supervisors and all others who are employed by the Town of Falmouth School Committee. B. The Employer recognizes the Union as the sole and exclusive representative for all of its present and future employees covered by this Agreement, governing hours of labor, rates of pay and other conditions of employment. C. The Employer shall not enter into any Agreement or contract with its employees, individually or collectively, or with any officer or representatives of the Union, which in any way conflicts with the terms and provisions of this Agreement. Any such Agreement or contract shall be null and void. D. In consideration for the services as their representatives, each regular employee covered by this Agreement who is not a member of the Union shall, as a condition of continued employment, pay to the Union each month a sum equal to that paid by employees in the bargaining unit who are Union members, which amount shall be limited to the amount of the void regular and monthly dues and its general and uniform assessments. Such payments shall commence thirty (30) days following the date of the execution of this Agreement. Upon written request from the Union, the Town shall terminate the employment of any employee who does not comply with the foregoing. ARTICLE II STEWARD - APPOINTMENT AND DUTIES A. The employees may elect any regular employee who is a member in good standing to represent them as Shop Steward, and the election shall be conducted by secret ballot among regular employees, with either the Secretary-Treasurer or a Business Representative present. But in instances where no employee will accept being a Shop Steward, then the Secretary-Treasurer or Business Representative of the Union shall have the exclusive right to appoint a regular full time employee as Shop Steward. The election for Shop Steward shall not be held on company time. B. The authority of the Shop Steward so elected by the employees or appointed by the Union, shall be limited to, and shall not exceed the following duties and activities: FPS/Custodians Page 3

4 l. The investigation or presentation of grievances in accordance with the provisions of the collective bargaining agreement. 2. The transmission or such messages and information which shall originate with, and are authorized by the Local Union or its officers, provided such messages, information have been reduced to writing. 3. The Shop Steward shall report all violations of this Agreement to the Union. Nothing in these provisions, however, shall authorize the Steward to act as an agent of the Union in violation of any law, or to alter or modify the working conditions of this Agreement. The Steward shall, however, have authority to settle grievances arising under this Agreement. 4. The Steward shall be placed on the Seniority list as number one (1) employee for lay off purposes only until such time as he may be replaced. If he is replaced by a new Steward, he automatically returns to his original seniority from the date of employment. ARTICLE III LEAVE OF ABSENCE Leaves of absence without pay may be granted by the Superintendent or Designee. Permission for such leave shall not be unreasonably withheld. In no event shall a Leave of Absence be granted for the purpose of seeking or trying out a new job. Leaves of absence for over three months duration, except military leave, shall be considered a break in employment and upon return to work, the employee shall have the status of a new employee, unless an extension of leave beyond three months has been granted by the Superintendent or Designee. Any request for a leave of absence or an extension shall be in writing and shall state the reason for the request. The Superintendent or Designee shall respond in writing to the request. If such request is denied, the reason for the denial shall be set forth and a copy of the Superintendent or Designee s response shall be sent to the Union. ARTICLE IV HOURS OF WORK A. Forty (40) hours constitute a normal week's work for employees. Employees shall have two (2) consecutive days off in every seven-day pay period. B. All hours worked in excess of forty (40) hours in any workweek, shall be paid at the rate of time and one-half (1-1/2) the employee's regular straight time hourly rate of pay. Employees will work overtime when required as long as reasonable notice is given when possible. Personal time and sick time do not count towards worked time in calculating the 40 hours towards overtime. Whenever possible all overtime will be assigned to volunteers. A list will be created of those interested in overtime in each building and individuals will be contacted on a rotating basis. If an employee fails to perform assigned duties, he/she will be eliminated from the voluntary overtime list in that school. C. The Employer may establish shifts as it deems necessary provided it gives three (3) working days notice. It is recognized that the Employers must retain the right to alter such scheduled working hours in its discretion where necessary. FPS/Custodians Page 4

5 D. Employees who regularly work on Saturday or Sunday as part of their regular shift shall receive for those days a five percent (5%) differential in addition to the existing late shift differentials. E. There shall be no pyramiding or duplication of overtime or any other premium payment. F. The daily unpaid lunch period will consist of one-half (1/2) hour. Two breaks of fifteen (15) minutes, one in the first four-hour period and one in the second four hour period, will be provided on a daily basis. The schedule for lunch and breaks will be determined by the shift supervisor with the approval of the School Principal. G. Employees called back for emergencies, i.e., alarm calls, will be compensated for a minimum of 2 hours pay at time and one-half (1-1/2). H. Weekend security checks will be conducted between Thanksgiving Day and April 1. This will consist of morning and evening checks on Saturday, Sunday and holidays and will be compensated at a rate of time and one-half (1-1/2) for a minimum of one hour per check for K-4 buildings and 1.5 hours per check for 5-12 buildings provided that the time is beyond forty hours. All extra duty functions must be covered by at least one custodian from the designated school and current methods of assigning those duties will continue. Custodians in individual schools will be given priority in extra-duty assignments. In the event that more than one custodian is needed to cover a function but it cannot be covered by building staff, the following will occur. A system-wide list of custodians desiring extra duty will be developed in each school. These individuals will be considered for work in schools other than their own when duty requires more one individual but cannot be covered by the staff at the designated school. Individuals desiring placement on these list must submit his/her name to the head custodian of the school or schools the employee wishes to be considered, and must be submitted by July 15 th of each year. The list will be arranged by seniority of interested custodians at each school, then will follow a rotation. At the start of each year the list will be recreated starting with the name of the custodian that follows the custodian that worked the previous shift. A refusal constitutes the employees turn on the rotation list. ARTICLE V SENIORITY A. Definition: An employee's seniority shall be defined as being equal to his length of employment with the employer unbroken by any of the reasons for termination of seniority hereinafter set forth in paragraph (H). B. Trial Period: All new employees shall be hired on a sixty calendar trial basis and shall work under the provisions of this Agreement, within which time they may be dismissed by the Employer without protest by the Union. However, the employer may not discharge nor discipline any employee for Union activity, membership, or affiliation. After the sixty calendar day trial period, they shall be placed on the seniority list as regular employees in accordance with their date of hire, provided however, that an employee must have worked a minimum of 192 hours during his sixty day trial period. C. Ability, qualification, and performance shall be the determining factor in promotions. Seniority shall be the determining factor in layoffs. D. Where ability, qualification, and performance are substantially equal, seniority shall prevail and shall govern in the case of work available and reduction of the number of FPS/Custodians Page 5

6 employees within same or lower classification and in recalling to work of regular employees within a given classification who were previously laid-off. Provided in case of reduction of work force an employee may bump an employee with less seniority in a lower classification. E. Promotions to a higher rate of classification shall, where ability, qualification, and performance are substantially equal, be in order of seniority. These higher rated jobs will be posted for at least seven (7) calendar days at all locations. Employees may bid for such jobs and bids will be accepted by the employer. Qualified present union employees shall be given preference over outside applicants when applying for a job offering advancement. F. When a vacancy occurs within any one of the classifications covered by the agreement, the Falmouth Public Schools agree to notify in writing the Shop Steward and Union immediately and to post Notice of Vacancy internally for seven (7) calendar days prior to the position being opened to candidates outside the school system. Vacancies must be filled within 30 days unless mutually agreed to by both parties. Decisions on lateral transfers will be based on ability, qualifications, and performance. Only one lateral move need to considered for each employee. G. Employees who are laid-off shall retain their seniority for a period of eighteen (18) months from the time of the layoff. H. Seniority right accrued to an employee under this Article shall be lost in the event of a break in his continuous service with the employer caused by any one of the following: l. Voluntary quit. 2. Discharge for cause. 3. Absence from work in three consecutive working days without notice to the employer. 4. Lay-off for lack of work for more than twelve months. 5. Failure to return to work after the expiration of any leave of absence. 6. Failure to return to work within three days after receipt of a registered or certified letter mailed to the employee's last known address requesting employee's return to work. Employees must notify employer of intent to work upon receipt of said notice of recall. I. A seniority list showing the status of each employee must be posted at each school of the employer in a place that is accessible to the employees. The list will be developed annually with each member's pay grade designated. The list will be posted twice each year. A copy shall be sent to the shop steward and the Union twice per year. The shop steward and the Union shall be informed of all hires, discharges, and permanent shift changes. ARTICLE VI MILITARY CLAUSE A. Employees enlisting or entering the military or naval service of the United States, pursuant to the provisions of the Selective Service Act of 1948 shall be granted all rights and privileges provided by the Act. B. When an employee is enrolled in the National Guard and is called for his annual duty, the employer agrees to pay the difference between the pay received from the National Guard for this duty and the employee's normal pay for the same period. There will be a two-week maximum placed on this provision. ARTICLE VII GRIEVANCE PROCEDURE FPS/Custodians Page 6

7 Section A. Grievance within the meaning of the grievance procedure shall consist of any complaint or dispute concerning this contract agreement. Whenever any employee has a grievance, the following procedure shall be followed: Step l The employee and/or the Union Steward shall first discuss the matter with employee's building Principal or Director of Facilities not later than five (5) working days after the grievance or complaint arises. Step 2 If a satisfactory adjustment cannot be made between the employee and/or the Union Steward and the Principal or Director of Facilities, the employee and/or the Union Steward shall within four working days of the date of the discussion in Step l, prepare a signed written statement of the grievance and submit it to the Superintendent of Schools. This statement shall also contain a signed statement that the matter has been taken up with the employee's Principal or Director of Facilities. At the same time, a copy of said statement of the grievance shall be submitted to the Union. Within five working days after receipt of the signed statement set forth above, the Union will then try to adjust the matter with the Superintendent or his designee. The Superintendent or designee will provide his answer within ten working days of the submission of the written grievance at this step. When an employee chooses to process his own grievance, the Union shall be entitled to be present and any adjustment of the grievance shall not be inconsistent with the terms of this Agreement. All time limits outlined in grievance procedures may be extended by mutual agreement of both parties. ARTICLE VIII ARBITRATION A. Grievance remaining unsettled after having been processed in accordance with the procedure set forth in Article VII of this Agreement within ten (10) working days after final decision is rendered by the Employer or its representative under Article VII, said grievance may be submitted by the Union, the Employer or its representatives, but not by the Steward, the employee or group of employees, to the American Arbitration Association for the purpose of arbitrating said matter. B. The decision of the duly selected or appointed Arbitrator shall be final and binding upon all parties, however, it being clearly understood, said Arbitrator shall not have the power to make any rule or render any decision which conflicts with the provisions of this Agreement. C. The cost of the Arbitrator and the submission fees shall be borne equally by the Employer and the Union. ARTICLE IX DISCHARGE OR SUSPENSION A. The Employer shall not discharge or suspend an employee without just cause. In all cases involving the discharge or suspension of an employee, the Employer must notify the employee in writing within two (2) days of the reasons therefore. Copies of such notice shall also be given to the Shop Steward and sent to the Local Union Office. B. A discharged or suspended employee must advise the Local Union in writing within three (3) working days after receiving notification of such action against him, of his desire to appeal the discharge or suspension. The Union must notify the Employer in FPS/Custodians Page 7

8 writing within ten (10) working days from the date of discharge or suspension of its notice to appeal. C. Any employee discharged must be paid in full for all wages owed him by the Employer, including any earned vacation pay that may be due the employee, at the next pay period following the date of discharge. ARTICLE X CHECK OFF The employer agrees to deduct from the pay of all employees covered by this Agreement, the dues and/or initiation fees of Local #59, and agrees to remit to said Local 59 all such deductions prior to the end of the month for which deductions are made. Where law requires written authorization by the employees, the same is to be furnished in the form required. No deduction shall be made which is prohibited by applicable law. When an employee who is on a check-off is not on the payroll during the week, which the deduction is to be made, the employee must make arrangements with the Union to pay such dues in advance. Check off for Umberto (Battle) Cruz and Aselino P. Freitas Teamsters Scholarship Fund -.01 of the hourly wage increase to be contributed. ARTICLE XI ACCESS TO PREMISES Authorized agents of the Union shall have reasonable access to the schools during working hours, including the right to investigate working conditions and handle grievances provided advance notice is given to the principal of the school. ARTICLE XII PAID HOLIDAYS A. Regular full-time employees shall be paid at regular straight time pay for the following State legal holidays: New Year's Day Columbus Day Martin Luther King's Birthday Veteran's Day Washington's Birthday Thanksgiving Day Patriot's Day Day after Thanksgiving Labor Day 1/2 day before Christmas Day Memorial Day Christmas Day Independence Day 1/2 day before New Year's Day B. The above holidays shall be paid regardless of the day of the week on which they fall provided the employee has worked his last scheduled work day before the holiday and his first scheduled day after the holiday, or has been excused by the appropriate authority, or has an acceptable excuse for which the appropriate superior may require proof. C. Employees who are required to work on a paid holiday will receive pay at time and one-half (1-1/2) for such work. D. For the purposes of holiday pay, a holiday shift will begin at 11:00 pm the day before the holiday and will end at 11:00 pm the day of the holiday. ARTICLE XIII FPS/Custodians Page 8

9 VACATIONS A. Employees shall be granted two weeks of vacation without loss of pay, if they have actually worked for the Employer for thirty weeks in the aggregate during the twelve months preceding the first day of June in such year, three weeks of vacation without loss of pay after they have worked for the Employer for five years, and four weeks of vacation without loss of pay after they have worked for the Employer for ten years. The thirty-week provision applies only to the employee's first year's vacation. B. Vacations shall be granted at such time as, in the opinion of the Employer, will cause the least interference with the performance of the regular work of the Employer. Vacations will not be granted the week before school resumes after the summer break. Vacations must be taken in the year in which they are due, and shall not accumulate from year to year. C. In the event of termination of employment which is caused through no fault of the employee, provided the employee has been in the continuous full-time service of the Employer for at least one year; or by reason of retirement; the employee shall be paid, or entitled to time off with pay for each full month since the employee's preceding vacation, not to exceed four week's pay. In the event of the death of an employee, any such accrued vacation pay shall be paid to his estate. D. When school is in session, employees on vacation shall be replaced whenever possible by substitute custodians. ARTICLE XIV MISCELLANEOUS A. Any employee involved in any accident shall immediately report said accident and any physical injury sustained. The employee, before starting his next shift, shall make out an accident report in writing on forms furnished by the Employer and shall turn in all available names and addresses of witnesses to any accidents. B. Jury Duty: If the employee is selected for Jury Duty either for the Commonwealth or the Federal Judiciary, such employee shall be reimbursed in money, the difference between what said employee receives either from the County, State or Federal Judiciary and his regular week's wages, based on forty (40) hours per week. C. Sick Leave, Personal Days, Bereavement Days will be administered as follows: 1. Full-time employees working shall accumulate sick leave days at the rate of one and one-quarter (1¼) days for each full month worked. Any employee hired before July 1, 2015 and have over 100 days accumulated sick time will maintain those days for the purpose of the retirement bonus, and for the normal use for which they were intended. Furthermore there will be no additional accumulation. Any employee hired before July 1, 2015 with less than 100 days accumulated sick time will continue to accumulate sick time till 100 days is reached, at which point no further accumulation will occur. Any employee hired after July 1, 2015 will accumulate no more than 100 days sick time. Any employee who falls below the 100 days will accumulate days to reach the 100 day cap. Up to Five (5) days of accumulated sick leave may be used to care for an ill member of the employee s immediate family which would include grandfather, grandmother, father, mother, spouse, mother-in-law, father-in-law, children, brother, sister, brotherin-law or sister-in-law of the employee, person residing in the same household or others at the discretion of the Superintendent or designee. Employees who will be absent from work must report to their supervisor as soon in the day as possible to provide time for FPS/Custodians Page 9

10 possible replacement and reassigning of responsibilities. Repeat absenteeism and/or tardiness may lead to disciplinary action up to and including dismissal. After sick leave of five (5) or more consecutive work days, the employee shall submit a physician s certificate that the employee is 100% prior to returning to work. Management reserves the right to request a second opinion from their physician at management s expense. 2. The Superintendent or Designee may grant time off with pay to non-probationary employees to conduct necessary and important business. Such leave shall not exceed three (3) days in any one (1) calendar year and shall not cumulate from year to year. An employee shall notify his/hers immediate supervisor at least twenty-four (24) hours in advance of requesting personal leave. (The twenty-four (24) hour notice requirement may be excused if the employee has a reasonable explanation.) 3. Up to three (3) days (with pay) may be granted in the case of a death of a member of their immediate family (wife, husband, mother, father, mother-in-law, father-in-law, child, brother, sister, grandparents, grandchildren, spouse s grandparents). This leave shall not be charged to sick leave and the Superintendent or Designee may grant additional leave at his discretion. D. Uniforms: All employees shall be supplied with five (5) sets of uniforms (shirts/pants) every two years. It is expected that employees wear uniforms at all times on duty. It is expected that employees keep uniforms in clean and neat condition. All members covered under this agreement will receive an annual foul weather gear allowance of $200.00; employees will wear footwear and foul weather gear purchased with that allowance at all appropriate times while on duty. Members will receive a check for $ no later than November 1 st of each year. E. The Employer will indemnify employees for liability resulting from the employee's action in protecting the Employer's property from vandalism and theft. F. When an employee is required to use his own vehicle for school business, he will be reimbursed at the standard current rate of reimbursement for mileage upon submitting a mileage voucher. G. Custodians/Maintenance employees are considered emergency personnel and are expected to report to work in all weather conditions. However, if an Act of God is of sufficient hazard (e.g. hurricane) that Town Emergency Management Officials declare a Town-wide emergency and shelters are to be opened in the schools, and a custodian/maintenance employee can provide sufficient reason for being unable to report to work, he or she will be paid for the day and will not be charged a Personal or Vacation day. In the event the Superintendent or Designee orders custodians/maintenance employees to not report for work, they will be paid their regular daily wage and will not be charged with a Personal or Vacation day. H. A substitute custodian will be used whenever a custodian is out when school is in session, or when approved by administration when school is not in session. In the event there are no substitutes available 2 hours overtime will be granted to the custodial staff in order to make the school ready to open the following day. This will be done on a rotation basis. I. The use of school custodians and maintenance workers in other town buildings will be permitted as long as the following apply: FPS/Custodians Page 10

11 1. The use is not during the employees regular work schedule. 2. The use is an overtime shift. 3. The schools needs are not impacted. 4. Any use is coordinated by the School Department, and when applicable will be done on a rotation basis. J. Unit 2 Maintenance workers will be reimbursed for tuition payments for any course successfully completed. Also, unit b employees will be reimbursed for the cost of the license fee for any license required to perform work within the scope of the employee s classification, other than a Class D driver s license. K. The wages of an employee promoted to a higher position will be determined by taking the wages they are presently receiving, and calculate the step in the promotion category that ensures a minimum of a.50 cent increase. The employee will then follow the step schedule to match the years of service, but at a rate of not more than 1 step per year. ARTICLE XV WAGES Effective July 1, 2015 all employees covered by this Agreement shall be paid according to the schedule in Appendix A. SALARY SCHEDULE The attached salary schedule (Appendix A) reflects the negotiated increases for the duration of this Agreement. Additionally, an employee who is assigned for three (3) or more consecutive days, when students are present and regular school sessions are held, to a position classified in a grade higher than the grade in which the employee performs regular service, shall be entitled to be compensated for such time at the rate to which employee would have been entitled had the employee been promoted to such position. In assigning an employee to such a position, qualifications, performance, and seniority will be considered. Where qualifications and performance are substantially equal, seniority will determine the replacement. RETIREMENT BONUS A Custodian/maintenance employee with 20 years of service in the Falmouth School System who notifies the School Committee in writing by September 1 st, or at least ten (10) months prior to retirement, of his/her intent to retire shall receive the sum of $ upon retirement. A Custodian/maintenance employee with 25 years of service shall receive $ as indicated above. To receive this retirement bonus, the employee must be approved to receive retirement benefits from the Town of Falmouth Retirement Board. FPS/Custodians Page 11

12 Any employee with remaining sick days at the time of retirement will be entitled to sell back said days as follows; $50.00 a day for the first 100 days, and $30.00 a day for any remaining days. Notification needs to happen by September 1 st or at least 10 months prior to retirement. ARTICLE XVI SHIFT DIFFERENTIAL A 6% differential shall be paid for a regular shift that begins between the hours of 3:00 p.m. and 11:00 p.m. ARTICLE XVII LONGEVITY PAY Full time employees will be entitled to Longevity Payment as follows: Five (5) years $ Ten (10) years $ Fifteen (15) years $ Twenty (20) years $ Twenty five (25) years $ Thirty (30) years $ ARTICLE XVIII MANAGEMENT RIGHTS The listing of the following specific rights of management in this Article is not intended to be a waiver of any of the rights of the Employer not listed herein. Such inherent management rights shall remain limited with the Employer except where specifically limited by this Agreement. Among the rights vested in the Employer are the right to schedule hours, hire, promote, transfer, suspend, demote, discharge, and to layoff and such other rights as are granted by law. ARTICLE XIX NO STRIKES The Union and employees agree that during the life of this Agreement, there shall be no strikes, slowdowns, picketing, or other interference with the operation of the Employer. Any and all employees violating this Agreement shall be subject to discipline including discharge and the matter shall not be arbitrable. ARTICLE XX SICK LEAVE BUY BACK Employees who use no sick leave during a calendar year shall be entitled to sell back five (5) days at full pay, and five (5) days at $50.00 a day. Any employee who uses one or more sick days in a calendar year will be entitled to sell back any of the remaining 10 days at $50.00 a day. There will be no buy back for any employee that uses more than 10 sick days in a calendar year. ARTICLE XXI FPS/Custodians Page 12

13 TERMINATION OF AGREEMENT This Agreement will be effective as of July 1, 2015 and shall continue in full force and effect until and including June 30, Signed this day of, FOR THE SCHOOL COMMITTEE: FOR THE UNION: Alan Jacobs, Chairman Teamsters Union Local No. 59 Nancy Taylor, Superintendent Effective July 1, 2013 Salary schedule to be adjusted to reflect the same across-the-board salary increase as the members of the Falmouth Educators Association (Unit A). In addition, there shall be a new Step 9 for those members of the bargaining unit with twenty (20) years of service, which shall be 2% higher than the then Step 8. FPS/Custodians Page 13

14 Effective July 1, 2014 Salary schedule to be adjusted to reflect the same across-the-board salary increase as the members of the Falmouth Educators Association (Unit A). FPS/Custodians Page 14