- .'

AGREEMENT BETWEEN

MILLBURY SCHOOL COMMITTEE

AND

SEIU, LOCAL 888 SCHOOL CUSTODIANS, CAFETERIA WORKERS AND CLERICAL STAFF

JULYl,2007TOJUNE30.2010·

._-- ._--------- ._--'._._ ...... , ....... _._ ......•..•• -_ ....•.•............... _ .. _-_ ..•

ARTICLE I PARTIES" ........ " ... "'''' , ...................................................... 1

ARTICLE 2 RECOGNITION ........ " .... " "" ... , ...... " ..... ,'" "'" .................. " .. .1

ARTICLE 3 DISCRIMINATION AND COERqON ........... "" ......................... 1

ARTICLE 4 GRIEVANCE AND ARBITRATION .......................................... .1

ARTICLE 5 SENIORITY .............................. " ....................................... .3

ARTICLE 6 HOURS OF WOR!( ...... : ..................... : .................................. .3

ARTICLE 7 OVERTI)v1E ......... "" ....................... " ........ " ...... " ...... " ......... .4

ARTICLE 8 HOLIDAyS .......................................................... , .. , ........... 4

ARTICLE 9 . VACATIONS ..... , ................................................................. 5·

ARTICLE 10 SICK LEAVE .......... " .............. : ................................. , .......... 6

ARTICLE 11 FUNERAL AND PERSONAL LEAVE .... ~ ....... "" """",,,,,,,,,,,,,, ... 7

AR rrCLE 12 MATERIALS AND EQUlPIv$NT .... "" .......................... " .......... 7

ARTICLE 13 JOB POSTING AND BIDDING ........... , ................. " ................. 7

ARTICLE 14 MISCELLANEOUS .PROVISIONS ......... ,....... ...................... ...8

ARTICLE. IS DURATION ......................................................................... 9

ARTICLE 16 CONTRACTING AND SUB-CONTRACTING .. " ......... " ............... 9

ARTICLE 17 SAVINGS CLAUSE .............................................................. 10 .------~-.. - ... --...... ... ,-.-.-------.~ ~-.---.~,---.. - ........... "-~

ARTICLE 18 WAGES AND SALARIES ......................................... " .......... .10

ARTICLE 19 RECALL .... ".""""." .. ""'''''''''''''''' .. ; .... " ................ " ........ 10

ARTICLE 20 SHIFT DIFFERENTIAL .................................... " ... " .............. 10

ARTICLE 21 AGENCY FEE ...... "." ...................... " .......................... " ...... 10

ARTICLE 22 MATERNITY LEAVE ....... " ....... "." .... " ...... " ..... " ................. 11

ARTICLE 23 HEALTH INSURANCE ........................................................ 11

ARTICLE 24 ABSENTEEISM ......................................................... ; ....... .11

ARTICLE 2S CONTINUITY: .................................................................. .12

ARTICLE 26 EDUCATIONAL COURSE REIMBURSEMENT ................. , ........ 12

ARTIC.LE 27 MANAGEMENT RIGHTS ...................................................... 12

ARTICLE 28 CHANGES ......................................................................... 13·

ARTICLE 29 SIGNATURES .................................................................... .14

........ --... - ...... ~ _ ........... -"----.-.-.. -.~ ... .

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ARTICLE 1· PARTIES

TIlis agreement by the Town of Millbury School Committee, hereinafter referred to as the· Employer, and SEIU, Local 888, hereinafter referred to as the Union, has as its purpose, the promotion of harmonious relations between the Em.ployer and the Union.

ARTICLE 2· RECOGNITION

The Employer recognizes the union as the sole and exclu.sive Bargaining Age[\t for the Purposes of est~blishi!)g salaries, wages, hours of work and other conditions of employment for a . bargaining unit oflhe following employees, as certified by the MAssachusetts Labor RelatiollS C.,mmission, MCR-455: All full-lime and regular pl!rt.time non'professio[\al employees of the Millbury School Committee employed as custodians, cafeteria wOrkers and clerical staff including secretaries, bookkeepers, and clerks excluding the Secretary to the Superintendent, the secretl!rY to the Business Manager, and all managerial, confidential and casual employees.

For the purpose of this contract, "Full-time Cafeteria Workers" shall be anyone wor!dng more than twenty (20) hours a week. "Pari-time Cafeteria Workers" afe any cafeteria workers scheduled less th.an twenty (20) hours p0r week.

For the purpose of this contract, "Clerical Workers" sball.be sehool year employees who may work extra weeks during school vacation periods. Full time clerks shall be those school year emplo)'lles working twenty (20) hO,!fS or more per week. Part fune clerks shall be anyone working less than twenty (20) hours per week. This contract exclud~s the positions of Superintendent's Secretary and the Superintendent's Bookkeeper.

ARTICLE 3 DISCRIMINATION AND COERCION

There shall be no discrimination by the Union, or foremen, superintendents, or other agents of the Employer, against any employees because ot"hlslber aotivity or membership in the Union. The Employer fuither agrees that there will be no discrimination aga.inst any member for his/her adherence to any provisions of this Agreement or hislber refusal to comply with any oreler wllich would violate this Agreem.ent.

ARTICLE 4 GRIEVANCE AND ARBITRATION

Asly grievance or dispute which may arise between the parties, including the application, meaning. or interpretation of the Agreement, shall be settled in the following manner for each classification:

Cafeteria Workers/Cook Managers/Cafeteria Bookkeeper 1 . Cafeteria Director 2. Principal 3. Superintendent 4. Arbitration

· .

--,.-.. -_.-

Custodians I. Oirector of BUild.ings and Grounds 2, Building Principal 3,' Superi.ntendent 4, Arbitration

GroundsfMaintenance Workers I, Direotor of Buildings and Grounds 2, Business ManagerlPriilcipal of School where assigned 3, Superintendent 4, Arbitration

Clerks/Secretaries i,n Buildin,g Principals' Offices 1. Principal 2, Superintenden,t 3. Arbitration

Gliidance Secretary I. Principal 2, Superintendent 3, Arbitration

Media Clerks 1. Principal 2, Superintendent 3, Arbitration

Special Ed, Office Clerk and SeCrefAry I, Director of Special Services 2, Superintendent 3, Arbitration,

Business Office Clerks 1, Business Manager 2, Superintendent 3, Arbitration ..... -.~. -.~ ... ~ .. ------. . ~ .......•. _--,.', .-.--.~----."

Superintendent's Office Clerks (none as of 711195) 1. Superintendent 2, Arbitration

The Union Steward andlor Representative, with or without the aggrieved ~mployee, must file the 'grievance jn writing with the level one (I) supervisor within five working days of the dispute, The level one (1) supervisor shall attempt to adjust the matter and shall respond to the Steward within th,ree (3) workj~i days,

If the grievance has not bC0n settled, it shall be presented in writing to tbe level two (2) supervisor within three working days after the level one (1) supervisor's response is due, The level two (2) supervisor shall respone! to the Steward in . writing within th.ree (3) ·working days, '

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ARTICLES

If the grievance is still unresolved and a level three (3) appeal is appropriate under the 'chain of appeal outlined above, t~e grievance shalt be presented in . writing to the level tl1ree (3) supervisor Within three (3) working days after. the level two (2) supervisor's response is due. The level three (3) supervisor shall respond to the Steward in writin,g within three (3) working days.

If the grievance remains unsettled the Union may request final and binding arbitration through the State' Board of Conoiliation and Arbitration ..

SENIORID'

The length' of continuous service of the employee in the Bargaining Unit shall detennine the seniority of the employee,

Seniority will be the determining factor in ail cases of transfer, lay o'ff, preference in assignment to.shift work or vFlCation schedule. S0tliority will be given consideration in all cases of promotion or increase in working hours.

Newly appointed personnel shall be subject to thirty (30) days probationary period; upon successt'.lIly completing the pr.obationary period, shall be entitled to all rights and privileges established under the existing contraet, retroactive to the first day of employm.ent. Retroacti.vily will not apply to the minimum established pay categoxy for first y~ar custodial employees as provided in Appendix A,

In the event of lay-offs and/or a reduction of o.ne-third (1/3) or more schedule weekly hours of work, seni.ority may be used to bwnp into a comparable or lesser position in order to reiain earned mcom,e, .

For'clerical workers, in the event of lay ancl/o.r the reduction oftell (10) or more scheduled weekiy hours of work, seniorily may be used to bwnp into Ii comparable Of lesser position ill order to retain earned, income.

The three (3) different departments covered by this Agreement are to be treated 8S separate entities regarding all questions of seniority,

....... ----.••. -- -_.:...---._----_ .. -...... _ .... _ ... __ .. - .. _----",---_ ......... __ ......... _, .... _-_ .. - '.'-_ ... ".'-, The probationllXY period for newly hired clerical staffwiJI be sixty (60) days and shall not fall under this Agreement until they have satisfactorily completed it.

ARTICLE 6 HOURS OF WORK

The ~egular hours of work for eustod,ians, shall :onsist of five (5) consecutive eight (8) hour days, Monday through Fri!iay, inclusive; except for interruptions for lunch periods, The starting time for these regular work hours shall be designated by the Superintendent of Schools.

For cafeteria workers, any change in the regular working hours must be approved by the Superintendent on a recommendation by the Cafeteria Director and with prior notice to the Union to allow'for impact bll,rgaining ifnecessatjl.

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These hours shall be oonsecutive except for interruptions either for lunch or coffee breaks as determined by the Cafeteria Director and shall consist ofvarying lengths of time according to the work schedule devised by the Super.inteodent of Schools as delegated to him by the Millbury School Committee.

The norm~ workday for custodians shall consist of eight (8) consecutive hours within the twenty· four hour period.

Working hours for clerks are as agreed to in Appendix C which is attached to this Agreement. The Employer may request additional days to be worked during scheduled school vacation periods. Such a request must be made to tb.e employee one week.in advance. Appendix C is general statement of hours of work which may change ~ecause of economic con.ditions or workload variations with prior notice to the Union to allow for impact bargaining if necessary. (SEE APPENDIX C ATTACHED)

ARTICLE 7 OVERTIME.

Custodial employees shall be paid overtime at the rate of one and on~ha.lf (1 ~) tJmes histher regular ral.e of pay for work in excess of forty (40) hours in one week regardless if persona~ vacation or sick days have been used during tha! week.

Cafeteria employees shall not be covered by tb.!s section of the Agreement.

Overtime shaH be equally distributed among personnel in each area except where the best interest of the Millbury School Committee, in the opinion of the Superintendent, otherwise requires. The building staff (custodians, grounds, maintenan.ce) who primarily works a.! the Higll School will share equally in the High School overtime. The buildill8 staff (custodians, grounds, maintenance) who primarily works at the Elmwood Street School and Shaw El.ementary Sc~ool will share equally in·the Elmwood and Shaw Sohools' overtime.

The Employer shall keep f000rds of all overtime work.

All Custod[ans will be paid for all building checks !It the overtime rate o.ftime and onc·half (l v,).

Clerical employees shall be pai.d overtime at the rate of one and one·half (1 Yo) time their re~" .... _ .. _._ .. ---.. -r,ate-ef,.pa)""fl3r-wl3rlNloneilrexcmrof-etg1lr(8)nours penliifor forty (40) h6in:s per week. Sick,

personal, vacation, and funeral leave will be included in the computation of overtime. All overtime wili be approved in advance by the administrator 8D,d will be submitted. on a signed time sheet.

ARTICLES HOLIDAYS

The following shall be paid holidays for custodians: NEWYEARS'SDAY . LABOR DAY MARTlN LUTHER KING DAY COLUMBUS DAY WASHINGTON'S BIRTHDAY VETERAN'S DAY PATRIOT'S DAY THANKSGlVlNGDAY MEMORT.ALDAY FRIDAY AFTER THANKSGIVING DAY 1UL Y 4th. CHRISTMAS DAY

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And any other day declared a holiday by the Governor of the Commonwealth, General Court or Town of Mi.1lbUl:Y School Committee ..

Ifa hoUday occurs within an employee's vacation period, he/she shall receive an additional days vacation, with pay. Holiday pal' shall be eight (8) nours of straight time.

The following shall. be paid holidays for full·time and part time cafeteria. workers: NEWYEAR.'S DAY VETERAN'S DAY MARTIN LUTHER KING DAY THANKSGIVING DAY MEMORIAL DAY FRIDAY AFTER THANKSGIVING DAY COLUMBUS DAY CHRISTMAS DAY

All cafeteria workers will.receive holiday pay for Labor Dill' if school is in session. prior to Labor Day.

c;Jerieal staff will be paid for the following holidays if the holiday falls within their regular workweek. When a holiday falts within a ~chedule4 school vacation week, clerical staff must work th,ee (3) day, during sai.d week in order to .receive the hol.iday pay. These paid holidays will be deducted from the scheduled workdays additional to the school year (Appendix C).

NEW YEAR'S DAY MARTIN LUTHER KING DAY WASHINGTON'S BIRTHDAY PATlUOT'S DAY MEMORIAL DAY .JULY 411>

ARTICLE 9 VACATIONS

LABOR DAY COLUMBUS DAY VETERAN'S DAY THANKSGIVING DAY FRIDAY AFTER THANKSGMNGDAY CHRISTMAS DAY'

The vacation year for Gustodial employees .shall be the period July I", to June 30 inclusive. Years of service based on initia.! date of hire, and said years shall be consecutive unless an employee is on a contractual andlor a.uthorized leave of absenee. The vacation schedule is as follows:

V'"'ARS "''''SE1nf'rl'"'1:' 11....&,'" "''I-leN ""'EK (S) . . .... _ .•.. "W " .. , •. ,. _ •.••. ~-•.• "_'_,M,. r. _UD- Q,.'''''''''' '-··_·-_·""--:!:.:"S?'!AL- ·we ~; ......... _ ..•.. After one (I) year Two (2) weeks After five (5) years Three (3) weeks After ten (10) years Four (4) weeks After eighteen (18) years Five (5) weeks The period in which vacations shall occur shall extend from the regular closing of school in June, to one week before September I M, for custodial employees. Vacation may be granted outside of the stated vacation period at the discretion of the Sup!erintendent of schools.

After seven (7) years clerical staffwill receive one (1) week of paid vacation per year. Vacation time may only be taken during the scheduled school vacations in December, February and April. Paid compensation may be substituted for vacation time taken. This compensation is t be paid at the end of the scheduled school year. Clerica.l employees will be eligible for said vacation IIpon their seventh. (7111

) anniversary date. Vaca.t!on time will not be accumulated from year to year.

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AU vacatio.o leave must be requested at least twenty (20) worl\ing days In advBn.ce, There is no guarantee ad.vanced notification will result in vacation pay in advance, . '

ARTiCT.E 10 SICK LEAVE

Eacb custodial employee hired before March 30, 1993 shall receive one and one-quar\£r (1 \14) sick days per month, fifteen (15) days per y~ar; to an accumulation of one hundred sixty-five (165) days, Any accumulation which present employees have at tllm effective date of this Agreement shall remain in effect.

EachfulJ time cafeteria employee hired before March 30, 1993 shall receive one and one-balf (1 \1) sick days per month, fifteen (IS) days per year, to an accumulation of one hundred thirty-two (132) days,

Each pan time cafeteria employee hired before March 30, 1993 shall receive six tenth (.6) sick days per month, six (6) p~r year, to an accUmulatio.n of sixty-seven (67) days.

If an employee is o.n unpaJd slc.k leave the day before a hoUday ;~ey will' aot receive holiday pay,

Sick leave shall be payable only in cases of bona fide illness, accident, quarantine in the family or a d.octor's certificate with one (1) days notice. In all cases a d,octor's certificate may be requited after· four (4) consecutive absences' ot five (5) working days within a ten (10) working day period. Failure to provide such a certificate may result in salary deductions.

Upon exhaustion of accumulated siele days, leave not to em.nd o.ne (1) year sbal.! be granted without pay at the request of th= employee,

Clerical staff hired before March 30, 1993 will recei.ve fifteen (IS) sick days per year, which wi.tl accumulate to a'maximum ofone hundred thirty-two (132) days. Each sick day taken wiil be pro- . rated based on their regular hours worked.

For all employees, sick leave may be used in order to care for an immediate family member residing in the employee's household,

For all employees hired after lv1ar~h 30, 1993 and before July I, 1998, the following si,ck leave accrual shall apply at the rate of ten (lO) days per year: All full-time employeeS..,!!1axi!!!!!!!L. ........... __ .... ,_

.. ------.. --aee~Qlulation_oftlre'"lIIWl1tmcll'ait"tliirty:tWo (I3Zraays. Anpait~time -employees, maximum accumulation of sixty-seven (67) days.

For all employees hired on and a:l\er July I., 1998, the following sick leave accrual shall apply at the rate of eight (8) clays per year: All full time employees, maximum accumulation oCone hwidred tb.lrt~"two (132) days. All pan time employees, maximum accumulation of sixty-seven (67) days.·

Each employee who retires with unused sick leave shall be paid based on the following schedule for each unu.sed day of sick I,eave, For the purpose of this article, ''retire'' shall mean the commencement of receipt of a retirement allowance pursuant to chapter 32 of the Massachusetts general laws:

EFFECTIVE 711107 S27,OO PER DAY OF UNUSED SICK LEA VB

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ART[CLE II FUNERAL AND PERSONAL LEAVE

In the event of death in an employee's imlllediate family (father., mother, sister, brathe.r; spouse or children), he/she will be gran,ted leave with pay in the amount ofth,ee (3) working days and such leave shall not be charged to sick or vacation leave.

Employees will be granted leave witb pay in the amount of one (I) working day in the event of death of grandparents, grandchildren, mother-in-law, father-in-law, sister-iii-law or brother-in­law.

Employees may be granted time off, for whieh he/she will be paid at his/her nonnal rate of pay, to conduct business. Such personal leave shall not exceed four (4) days in any o,ne (1) calendar year wi,tl! employees being eligible for 2 days from July I tbru December 3.1 and 2· days from January I thiu June 30 of each year. Except in the case of emergeney, personal leave shall be requested at least twenty·four·(24) hours in advance. Employees shall notify tb.eir Department head,' subject to the approval of the superintendent of Schools.

No personal leave may be taken on any day before or'after any holiday or personal vacation period or during tbe flIst five (5) days ofsehool or the last five (5) days of school.

ARTICLE 12 MATERIALS AND EQUIPMENT

The Employer agrees to provide all materials, equipm.0nt, tools aDd license fees required to perform tb,e duties assigned to the employee covered by this agreement. .

The Employer also agrees to provide protective equipment and clothing where the nature of the job demands· that such equipment is neeessary for the pe~orm,an,e of that job. Determination of the type of eqllipment needed shlill be made. by the SUperintendent of Scliools.

Cafeteria staffwill be given up to a $125 allowance for shoes per year. Shoe to be picked from vendor selected by the Scllool Committee. The vendor shall have at least three (3) types of shoes to pick from. Invoiee will be paid by the school department directly to the vel1dor. Tbe first allowance will be during the tlrst week of school. Cafeteria workers hired after the first week of school, but before January 151 shall be entitled to half the shoe allowance .

••••• __ ... , ........ _ •••• , ___ ._,.~. ____ • __ •• _._.' •••••• • __ •• _.:. ... __ ._ .... _ ••••.••••••••••• * ... , •• 0 •••••• , ..... -_ •••••

ARTICLE 13 JOB POSTING AND BIDDING

Wb.en a position covered by this Agreement becomes vacant, such vacancy shall be posted in a conspicuous place listing the pay, shift, duties and qualifications: This notice ofvacancy shall remain posted fOT seven (7) days. Employees interested shall apply in writing within the seven(7) day period.

The Employer agrees to the practice of internal preference involving job promotions within the clerical unit. The senior most qualified applicant has the right to fill the open vacancy. Management has the right to determine the qualifications for all open vacancies. After the seven (7) day posting period, if.there are not qualified j,ntemal applicants, management then has the right tO'fill the position fiom outside the clerical unit.

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In the case o:fvoluntary changes in classification, the Qlerical worker has the right to bump back i,nto their fonnerly held position within ten (10) working days after the .transfer. Management has the right to detennine whether the employee me~ts the qualifications of the position within the ten (10) worki.n,g day period.

ARTICLE 14 MISCFI r ANEOUS PR9VISIONS

1, Bulletin board announcement shall be posted in conspicuous places .where the employees enter or leave the promises. Parties to the Agreement, both of whom may lise the bulletin boards for notices of a routine nature, agree that it would be improper to post deminciatory Ot

inflamm.atory written material OD sLlch bulletin boards,

2, Savings Clau,se - Should. any provisions of the Agreem.ent be found to be in violation of any fed.eral or state law, or Civil Service rule by a court of competent jurisdiction ali other provisions oithe Agreement shall remaip in full force and ~:ll:'ect for the duration ofthi,q Agreement. .

. 3. The MilJbury Public Schools i!tsures'equal employment and edLlcational opportunities for its, employees and students and does not discriminate on the basis of race, co lor, creed, national origin or sex in compliance with Title VI and IX, or disability, in 'compliance with section S04/ADA or sexual odentation in compliance with G.L. chap. )'Slb and 15k

4. Access to premises - Tlle Employer agrees to permit representative of SEn;, Local 888 to enter the pram,ises during school hO~lIs on oc~asions mutually agreeable to the Union and the Superintendent of schools, for individual discussions of working conditions with employees, provided thn! care is exercised by stich representatives that they do Dot interfere with the performance of duties assigned to the employee and that t4ey .notify the Superintendent of Schools office before they make coiltact with empl.oyees.

5. When a cafeteria worker is absent, and a hot lunch is being served; part-time workers within the building in which they work, shalt be given fll'st opportunity to fin the equivalent number afhours normally worked by the absent employee.

Upon exhaustion of part-time workers filling the un~taffed hours (or upon their refusal of sucll hours), the Cafeteria Director shall fill the unstaffEld hoUl's from a "sub list". Such a list sball be c0mpiled. from applicants from advertisements in local newspapers, The Cafeteria Director shall

..... .-exhalo\ost-aJI-means to-filHhe"absentee-hours'With 1l $a1rultme~-Iiftlii! evenf tbe"Cife~ia'ffirector-" is unable to full the absentee hours with a substitute, he/she may fIll such hours from any sour~e •

. Clerical staff shall. not perform the duties of cafeteria workers except for the present practice of cashiering and bookkeeping,' .

6, Leave of Absence - Any employee may receive a leave of absence for a peri.od up to one (1) year after making written requests to the superintendent. The lea.ve may not be used to take other work. A person may extend this leave o'oly for medical reasons. Upon. return to work, the employee shall retein all seniority and benefits.

7, DiscipHn.e and Disch.arge - Disciplinary measures shall. include only the following;

1. Ora.l reprimand - in the presence of the Union Steward 2. Written reprimand - with a copy to the Union Steward

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3. Suspension - with written notice to the Union Steward 4. Discharge - in writing; witb a copy to the Union Steward

8. The Steward shaH be allowed a reasonable amount ohime to co~.duct U~.ion affairsand investigate and precess grievances, during working.hours without loss of pay. This time shall not exceed 'thirty (30) minutes per day, or two and one·balf (2 y.) bours per week. In case of a major dispute, the Steward's tirite may be extended another two (2) hours per week.

9. All employe0S will receive weekly paychecks wit.'l th.e number of hours worked and the employee's hourly rate. Each employee must submit hislher overtime slip by 10:00 .AM on the Monday following the week worked.

·10. All employees will receive copies oftbeir job descriptions.

11. All part-time custodial empLoyees wiil receive pro-rated benefits.

12. All clerks will submit weekly time sheets no late than 9:00 AM 00 the Monday of the follOwing week. .

13. The Employer agrees that Job postings wi.~hin the clerical unt.t will contain "including all relared tasks requested by the Superintem!ent or hislher designee".

ARTICLE 15 DURATION

SEIU, Local 888 and the Committee agree that future contracts shall be negotiated for a three (3) year duration. The negotiations shall consist of aJl salaty issues and any two (2) articles for custod.ians, any two (2) articles for cafeteria workers, and any two (2) articles for 91erical staff, for the Union and any two (2) articles for custodians and cafeteria worker issues and any two (2) articles tor clerical staff issues, for a total offout.(4) articles for the Committee. . . . .

However, If, in the opinion of either party, prevailing economic or other unforeseen conditions eKist.making It three (3) year contract undesirable, then, the language ad.dressing duration and the number of articles shall automatically be .null and void.

l'his e~ntract shall be effective as of July 1, 2007 and shall continue to be in effect to and .._ . __ In.cJud.ing.June.JO,20.1.0. The.el;llltraet-will·renew·itselffonln·lf(1 )yea'fiftlie paitieS'fiiinii -reach ...

agreement by June 30, 2010 or if either party fails to n.otify the other, by certified mail. of intention to ce·negotiate at least thirtY (30) days before the termination date.

ARTICLE 16 CONTRACTING AND Sl.!13·CONTRACTING

The District will have the ability to hire subcontractors if the Union and the administration agree that the needed work cannot be perfonned within the tim.e frame as specified by the Superintendent.

This Artiole shall not prevent the use of school volunteeC$ to assist in the clerical functions nor sba.ll it prevent the Superintendent of schools from hiring a temporary clerk to cover during the absence of a union clerk.

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ARTICLE 17 SAVINGS CLAUSE

If any Article o.r Section of this Agreement, or any Addendum thereto, should be held invalid by operation of law or any trif?unaI of competent jurisdiction, or if compliance with or enforcement of, any Article or Section should b~ restrained by such tribunal, the remaind01' of the Agreement and Addendums shall not be affected thereby, and the parties shall enter into collective bargaining negotiations for the purposes of arriving at a.mutually satisfactory repl!ioement for such Article or Section. .

AR nc.tE 1. 8 WAGES AND SALARIES

Salary increases will be 2.5% effective retroactively to 7/1/07, 2.8% effective 7/1/08 and 2.9% effective 7/1/09 for all groups as are reflected in Appendices A & B.

All workers shall receive longevity payment of fifteen cents ($.15) per hour for those working ten (10) to fourteen (14) yell(s, twenty five cents ($.25) per hov.r for those working fifteen (J 5) to nineteen (l9) years II!Id folty cents ($.40) per hour for those working twenty (20) or more years.

Clerical staff will receive sri additional tweniy-flve cents ($.25) per hour wben perfonnirtg duties in a higher classification'in excess off our (4) days.

After .five (5) years of service clerical staffwill receive an additiow thirty-five cents ($.35) per hour, and fWl-time cafeteria staff (20' hours or more per week) will receive an additional ($.35) cents per hour. The Media Clerk at both the Elmwood and Shaw schools will bein~ved up to the Principals' Secreta:y level.

ARTICLE 12 RECALL

In the event of recall it will be acc:omplished in the inverse order of layoff according to seniority and job classification. .

Clerical staff who have been laid off are to remain on a reoall list for a period of two (2) years . ··mm th~ date·oHllyGff .. The-£mployengrees·to· contal:t tht!~e'lis!etl, l)ymiii1;'iiii posItions'-' ..

beoome available.

ARTICLE 20 SHlFr DIFFERENTIAL

All c;ustodial.personnelperforming evening work will receive a differential. for hours worked of fifty cents ($.50) 1?er hour upon ratification.

ARTlCLE21 AGENCY FEE

Effective the thirtieth (30tl~ day following the beginning of employment or the thirtieth (30tll) day

following the formal execution of this Agreement each employee not choosing to belong to the

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Union shall be required, as a condition of employment, t.o pay an agency fee to LocalSS8, The Employer shall notilY'the Union of the names and address of any l\ew amployees within. ten (10) days ortheir hire.

The Employer agrees to dedUct from the wages oftha employee's weekly membership or an agency fee dLles in accordance with a signed authorization dues deduction card or all authorization agency fee card from the employees, Such deduction shall be forwaI'1led to Local 888 SElU witbin the first ten (10) days ofthefoUowin.g month ..

A roster will accompany dues or agency fee settiog forth the name oftbe e.mployee and the amount having been deducted from hislher earnings.

The Union agrees to indemnify and save the School committee or any other agency of the Town of Millbury, including but not limited to the Town Treasurer or allY other affected town official or town department, hannless against any and all claims, sitits, or other forms of liability, including any legal fees and costs related thereto, arising out of the deductions of any ageocy service fee froin an employee's payor out of application oflhis Article. The Union agrees to assume full

... responsi1!il.it:y fOf the disposition of moni.es 50 deducted or colleCted O\i.ce they have been turned. over to tlle treasurer of the Union, who shall then' provide such information. to the Towil Treasul'Ct as may b~ required by the Town Treasurer under M.G.L. Chapter. 180. Sect. 17G.

ARTICLE 22· MATERNITY LEAVE

Employees shall be granted maternity leave andlor family and medicalleav~ in accordance with Chapter 149, Section 105D, of The Massachusetts General Laws, and the Federal Family and Medical Leave Act of 1993.29 U.S.C. Section 260 I, et seq.

ARIICLE23 HEALTH INSURANCE

The Committee and the UlIlon agree that Hea.lth Insurance premium costs will be shared in. accordance with the foUowing schedule: .

._. _ •• ' •• • ••• OM. ,."

Effective 7/1/08 Effective 7/1/09

. . .. -·-Effective 613 Oil 0

Employer Share 77% 76%

. 75%

Employee Share 230/,

.. 24.% 25%

Pursuant to the provi.sions of Chapter 697 of the Acts of 1987 (The Public Employee Pension Refonn. Act) which was effective January 1.2 .• J 988, the Millbury School Committee agrees to make the necessary changes to its prooedures to allow employee contributions to health insuranoe, group Ufe insuranoe and any other applicable forms of ins~lrance to be paid with pr.e­tax eru:nings.

A dental plan will be offered to all eligible employees at 100% employee cost. Said premium will be paid with pre-tax earnings,

ARTICLE 24 ABSENTEEISM

Absentee records shall be checked during each month. Employees absent from work more than six percent (6%) of the time of their regular work schedule within a three (3) month period shall

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be considered "absentees" .. An absence is notcouoted toward the six percent (6%) rule if it is (1) an absence for three (3) consecutive working days or more due to the employee's sickness or injury, substantiated by a doctor's certificate, or (2) an absence for another reason which i.s excused, in advance, by the supervisor ~t the employee's request.

The absentee shall be counseled by hislher supervisor, in the presence oitlie steward, to find underlying cause IIIld to improve his/her attendance record. At the. same time the absentee sha~l be warned that failure to reduce his/her absen.tee record to six percent (6%.) or less shall result In a written warning. An absentee's record shi!.ll be checked each month until he/she reduces hislher record to sll( percent (6%) or less for a one (1) year period, at which tim.e hislher record is clear again. After a written warning is issued, the above procedure sball be repeated and jf the warned employee fails to reduce hll!.iher absentee record each m.onth for (1) year to six percent (6%) or less, he/she shall reoeive a three (3) working day suspension. and be further warned that continued absenteeism shall result in discharge. If, after !he fbregoil18 two (2) wamings, the absentee fails to reduce hislher absences to six percent (6%) or less, lle/she sball be discharged as unsatisfactolY. .

This eotire section shall be subject to Article 4 of the Agreement: the Employer shall immediately infblIn. the Union office of each action taken against an employee to allow the Union the opportunity to resolve the problem. .

ARTICLE 25 CONTINUITY OF SERVICES

It is understood and agreed that the services performed by the employees included in this Agreement are essential to the efficient operation of the Millbury School System. Therefor, the Union agrees for itself and its members, thilt it will not authonze, instigate, aid, condone or engago I,D any strike, work stoppage or other IIction, lit any time, which will interrupt or interfere with the service rendered by the Millbury School System. No employee shall cause or take part in any strike, work stoppage, slowdown Or otbr action that will interrupt or interfere with the efficient operation of the Millbury School System. In the 'event of II violation of tbls article, the Union agr.ees to take positivil Si'epS with the employee(s) conoerned to brill.g about a resumption of nOIIn.a! work. The Union, for itself and its members agrees th.at it will take no action in oontravention ofM.G.L. 150£, s9A, (a), (b). .

ARrICLE-26 ... E6eeATl0Jl1AL"COURSE REIMBURSEMENt

The Committee shall reimburse the tuition costs for oourses taken by clerical, custodial and cafeteria workers which are related to their work assignment and are taken at an aoceptabl.e institution. All such courses must have the advance approval of the Superintendent Such reimbursement shan b.e made to the staff member upon evidence of satisfactory completion of course and a copy of the tuition receipted bill.

ARTICLE 27 MANAGEMENT RIGHTS

The Millbury School Committee and Millbury Sellool District Admin.istration have the following rights and authority and may exercise such rights without bargaining with the Union: the

)'2

.management oftne Millbury School SyStem ~nd the dlreetio~ and control of the staff, including tbe right to plan, direct and control System Wide Operations; to determine the nUmber and location of operations; to determine the means, methods, schedules of operations; to alter, rearrange, change, or discontinue its operations p'articularly or completely; to determine the size and assignment of the staff; to establish standards and maintii)l quality of performance; to establish and require employees to observe the publicized rules and regulations and -r~asonable standards of conduct; to direct, supervise,. and evaluate employees; to determine the orga,nilation and tbe number of personnel of the District and its schools; to subcontract out work; to assign and transfer employees; to determine whether goods or services should be made, purchased, or leased; to hire, appoint and promote; to layoff or relieve employees due to lack ofworl<, lack offunds, or other law,ful reasons; to institute technological cbange; to maintain order and discipline and discharge employees, The foregoing enumeration of management's rights are not intended to be all-inclusive, but indioate the type of matters o.r rights which belong to, and are illherent to

. management, and shall n.o! be deemed to eltclude other rights of managemen,t not specifically set forth. The Millbury School District, therefore, reserveS all rights, unless they are limited by the language of a provision of this Agreement.

Any of the rights, powers, authority and funotions of tbe Millbury School DistTict has prior to the negotiation of thi.s Agree.ment are retained by the School District, e~ept as expressly abridged by a specific provision of this Agreement. The Millbury School District !lot exeroising rights, pOJoVers, authority and functions reserved to it or its eltercising them in any particular way, will not be deemed a waiver of said rights, POWE:\'S, authority and functions or of its rights to exercise th~m in some other. way not in conflict with a specific provision oltbe Agreement.

The exercise of the rights contained in this Article will not be a rna,tter subject to grievance or arbitration, except to the extent that such rights' are express.1y limited by il specific previsio.1I in this· Agreement.

ARTICLE 28 CHANGES

Should eitller party to this Agreement wish to inauglU'ate collective bargaining discussIon over changes they may wish to introduce into this Agreement, it is agreed that notice of substance of the changes and t.'te language with whi.ch such desired cbangesare to be eltpressed, shall be mailed to the authorized parties signatory to the Agreement, prior to thirty (30) days before

. .. .. ..Jenninauon.da.te.of.this Agreement.- 1::he parties-receiving-Bueh notice of desired'changes; shall' seek establishment of a meeting for purposes of discllssion and amicable accommodation for the desired changes,

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ARTrcrE29 SIGNATURES

TI{{S ~GREEMENT ENTERED INTO_~ ________ _

S.E.I.U. Local 888

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i ,_._

CLERICAL WAGE SCHEDULE 7/1/07·6/30/10

7/1/07·6/30108 GRADE 1 GRADE 2 GRADE 3 GRADE 4 HIGH SCHOOL SECRETARY 17.24 18.09 1B.94 19.82

DIRECTORS'SECRgTARY/BOOKKEEPEF 15.79 16.65 17045 18.35 GUIDANCE SECRETARY

ELEM. & MIDDLE SECRETARIES DIRECTORS' SECRETARIES MEDIA CLERKS

CAFETERIA BOOKKEEPER CLERK·SECRETARIES

15.06. 15.91 16.81 17.69

13.65 14.57 15.44 16.31

1~1I1~liti.,~".'I •• ~t ••• _'I.~llljril.111.lil!~~lm .- .

7/1/08·6/30/09 GRADE 1 GRADE 2 GRADE 3. GRADE 4 HIGH SCHOOL SECRETARY 17.72 1B.60 19.47 20.37

DIRECTORS' SECRETARY/BOOKKEEPEF 16.23 17.12 17.94 18.86 GUIDANCE SECRETARY

ELEM. & MIDDLE SECRETARIES 15.48 16.36 17.28 18.19 DIRECTORS' SECRETARIES MEDIA CLERKS

CAFETERIA BOOKKEEPER 14.03 14.98 15.87 16.77 CLERK·SECRETARIES

.• ~il.li.l~.~.!ljl~I;!I.l.~.r~~_JI~!illlllfl~II~III~I!IIlI.I 7{1/09· 6/30/10 . . .... . ........ GRADE 1 .GRADE 2 .GRADE·3· .GRA·DE·4 __ •. _... .~ ,._~ ........... R '_'_'R' .•••

HIGH SCHOOL SECRETARY' 18.23 19.14 20.03 20.96

DIRECTORS'SECRETARY/BOOKKEEPEF 16.70. 17.62 18.46 19.41 GUIDANCE SECRETARY

ELEM. & MIDDLE SECRETARIES DIRECTORS' SECRETARIES MEDIA CLERKA

CAFETERIA BOOKKEEPER CLERK·SECRETARIES

15.93 16.83 17.78 18.72

14.44 15.41 16.33 17.26

MILLBURV PUBLIC SCHOOLS APPENDIXC

POSITIONS AND HOURS OF WORK SCHEDULE

POSITION WORK HOUR.S YEARL V SCHEDULE"

HIGHSCHOOL Secretary to Principal 7:30·3:30 s.y. +35· Clerk.Secretary to Principal 7:30-3:30 S.Y. +20· Attenda,nce Clerk 7:00·11:00 S.Y. Media Clerk 7:30·2:00 S.Y. Guidance Secretary 7:30·2:00 S.Y. +10 Clerk-Secretary for Guidance 11 :00-1 ;00 S.Y. Clerk-Secretary for Special Needs 8:15-2:15 S.Y.+10

SHAW ELEMENrAB,Y SCI:lQOI: Secrehiry'to principal 7:30·3:00 SY+15 Clerk-Secretary to Principal 7:30-3:00 S.Y.+15 Media Clerk 8:00·2:30 S.y. Clerk·Secretary for Special Needs 7:30-11:30 S.Y.+6

ELM~OOI2 ST. §,CI:l.OOI" Secretary to Principal 8:00·3:30 S.Y.+20 Cler~·Secretary to Principal 8:30-2:00 S.Y.+15 Media Clerk 8:30·3:00 S.V. Clerk·Secretary for Special Needs 8:30·2:30 . S.V.+10

AI2&llt.!.'STfM'IJO{1. . ... Director's Secretary· Special Needs 8:00·3:00 SY.+20 Director's Sec/Bookkeeper-SPED 8:00-3:00 S.V.+20 Clerk·Secretary • Business Office 8:00·2:30 S.Y.+10

CAFETERIA Cafeteria Bookkeeper 8:00-1 :00 S.Y.+B

*INCLUDES DAYS DURING SCHOOL VACATION WEEKS AND SUMMER

10/23/2001 shp