AGREEMENT BETWEEN CHITTENDEN EAST SUPERVISORY UNION, HUNTINGTON SCHOOL DISTRICT MT. MANSFIELD MODIFIED UNION SCHOOL DISTRICT

AND

GREEN MOUNTAIN NEA AN AFFILIATE OF VERMONT NEA AND THE NATIONAL EDUCATION ASSOCIATION

***

Educational Support Personnel *** 2015-2017

TABLE OF CONTENTS

ARTICLE

PAGE Agreement

I

Recognition

1

II

Negotiations

1

III

Rights of the Board

2

IV

Rights of Employees

2

V

Definitions

3

VI

Classification of Employment

3

VII

Grievance Procedure

4

VIII

Leave of Absence

6

IX

Insurance

8

X

Pay

10

XI

Retirement

10

XII

Hiring

11

XIII

Employee Evaluation

11

XIV

Worker’s Compensation

12

XV

Just Cause

12

XVI

Layoff and Recall

12

XVII

Contract Renewal

14

XVIII

Safety/Miscellaneous

14

XIX

Salary Schedule

15

XX

Duration

15

Appendix A

Salary Schedule 2015-16

16

Appendix B

Salary Schedule 2016-17

17

AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO by and among the Chittenden East Supervisory Union, Huntington School District and Mt. Mansfield Modified Union School District Boards of School Directors, (each individually), hereinafter the “Board” (each individually), and Green Mountain-NEA, an affiliate of the VermontNEA and the National Education Association, hereinafter the “Association”. The term “Superintendent” when used in this Agreement is understood to mean the Superintendent of Schools of the Chittenden East Supervisory Union #12.

ARTICLE I: RECOGNITION 1.1

The Board recognizes the Association for the purpose of collective bargaining pursuant to Title 21, Chapter 20, of the Vermont Statutes Annotated, as the exclusive representative of the three individual bargaining units of the following school districts; Huntington Town School District, Mt. Mansfield Modified Union School District and the Chittenden East Supervisory Union. The bargaining unit for Chittenden East shall consist of bus drivers, para-educators (including library assistant and computer lab monitor) and mechanics. The bargaining unit for Huntington shall consist of custodians and a secretary. The bargaining unit for Mt. Mansfield Modified Union School District shall consist of custodians, and secretaries, excluding the BRMS Secretary II and the MMUHS Office Coordinator. All supervisory and confidential employees are excluded from the bargaining units. ParaEducators

Secretary

Custodians

Huntington

X

X

MMMUSD

X*

X

District

CESU

X

Bus Drivers

Mechanic

X

X

X – represents that these positions are included in the new bargaining unit Green Mountain-NEAS (ESP Unit) * Does not include BRMS Secretary II or MMUHS Office Coordinator.

1.2

Despite references in this contract to the Board or the Association as such, each reserves the right to act hereunder by committee.

ARTICLE II: NEGOTIATIONS 2.1

2.2

2.3

2.4

The Board and Association agree to enter into negotiations over a successor agreement in a good faith effort to reach agreement concerning salaries, related economic conditions of employment, procedures for processing complaints and grievances to employment, and any other mutually agreed upon matters not in conflict with the statutes of the State of Vermont if written notification is given by either party not later than th October 15 of the school year in which this Agreement expires. Any agreement so negotiated will be reduced to writing, and signed by the Board and Association. During negotiations, the Board and the Association will present relevant data, exchange points of view and make proposals and counter-proposals. Either party may, if it so desires, utilize the services of outside consultants and may call upon professional and lay representatives to assist in negotiations. The Board agrees not to negotiate with any employee organization other than the Association identified in ARTICLE I in regard to matters of salary, related economic conditions of employment, procedures for processing complaints and grievances relating to employment any other mutually agreed upon matters to become effective during the term of this Agreement. The costs for services of a mediator and/or the Chairperson of the fact-finding committee, including per diem expenses, if any, and his/her actual and necessary travel and subsistence expenses, and the cost of a hearing room, if any, will be shared equally by the Board and the Association.

1

ARTICLE III: RIGHTS OF THE BOARD 3.1

In recognition of the fact that the laws of the State of Vermont vest responsibility in the Board for the quality of education in and the efficient and economical operation of, the Chittenden East Supervisory Union, except as specifically and directly modified by express language in a specific provision of this contract or by the laws of the State of Vermont, the Board retains all rights and powers that it has, or may hereafter be granted by law, and may exercise such powers at its discretion. These rights shall include but shall not be limited to, the sole discretion and authority to: a. Establish the curricula, methodology and standards for teaching; b. Plan, direct, schedule, assign, transfer and control work assignments and duties; c. Create, revise and eliminate positions; d. Hire; e. Discipline, suspend, discharge and non-renew for just cause; f. Establish and implement reasonable rules and regulations not in conflict with the terms of this Agreement.

ARTICLE IV: RIGHTS OF EMPLOYEES 4.1

4.2

4.3

4.4

4.5

2

The Board agrees that each employee shall have the right to freely organize, join and support the Association for the purpose of engaging in collective bargaining. It is further agreed that each employee shall have the right not to join this or any other association if he/she so desires. It is further agreed that neither the Board nor the Association shall discriminate against any employee with respect to salary, economic condition of employment or professional standing by reason of membership or non-membership in the Association or for participation in any lawful activities of the Association. The Board agrees to deduct from the wages of the employees, dues for the Association, VT-NEA and National Education Association as the employees individually and voluntarily authorize the Board to deduct and transmit monies from their payroll in equal installments, or as a lump sum or by the employees personal check. In the case of authorizations received during the school year, deductions will be in substantially equal installments for the remainder of the year. AGENCY SERVICE FEE Deductions of the agency service fees in the amount not to exceed eighty-five percent (85%) of applicable Association dues for those who individually and voluntarily authorize such deductions, shall be made in consecutive installments, each pay period, and shall continue from year to year without submission of new authorizations, except in cases where an employee notifies the Board to terminate th deduction by August 15 of the contract year. It is the Association’s responsibility to establish said fee annually in accordance with state and/or federal law and to inform both the Board and the affected employees of the amount of said fee. Agency service fees collected, together with records of any corrections, shall be transmitted to the Treasurer of the Association at regular intervals. The Association agrees to indemnify, defend and hold the Board harmless from any lawsuit, claim, or grievance filed by an employee regarding the collection of said fees. The Board shall not discriminate against any employee on the basis of race, creed, color, religion, ancestry, national origin, gender, sexual orientation, place of birth, age, marital status or disability. Alleged violations of this section may be grieved up to the Board level of the grievance procedure. Thereafter or in the alternative, the employee may pursue the issue via any available legal procedure. USE OF FACILITIES a. Facilities: The Association shall have the right to use such facilities and equipment as are normally available for employee use within the school provided such use does not interfere with employee duties, services to students or interrupt normal school operations. b. Business: Duly authorized representatives of the Association shall be permitted to transact official Association business on school property provided the conduct of said business does not interfere with employee duties, services to students or interrupt normal school operations. It is specifically understood and agreed that the Association and employees shall not discuss with students any issues related to their terms and conditions of employment or the collective bargaining relationship between the Board and the Association. c. Notices: The Association shall have the right to use an area in the school, location as designated by the Principal, for the posting of notices of its activities and matters of Association concern.

ARTICLE V: DEFINITIONS 5.1

Throughout these guidelines “Superintendent” refers to the Chittenden East Supervisory Union’s Superintendent of Schools, “Principal” refers to the building principal of the appropriate building and “Board” refers to the individual school board of each individual employee.

ARTICLE VI: CLASSIFICATION OF EMPLOYMENT Educational Support Personnel are classified into the following groups based on the number of hours per week and weeks per year that they are contracted to work: 6.1

6.2

6.3

6.4

6.5

6.6

FULL YEAR EMPLOYEES Full-time: Employees who work full-year contracts (260 days) and thirty (30) or more hours per week. Part-time: Employees who work full-year contracts (260 days) of 20 or more hours per week. EXTENDED YEAR EMPLOYEES Full-time: Employees who work part-year contracts (187-259 days) and thirty (30) or more hours per week. Part-time: Employees who work part-year contracts (187-259 days) of 20 or more hours per week. SCHOOL YEAR EMPLOYEES Full-time: Employees who work 186 days or less and thirty (30) or more hours per week. Part-time: Employees who work 186 days or less and 20 or more hours per week. SUMMER SCHOOL School year employees who work during the months of July and/or August shall receive separate contracts for total summer days worked. CLASSIFICATION MISCELLANEOUS - SECRETARIES Secretaries will be assigned a specific number of work days as permitted by the budget of each school. This number will be clearly identified on the annual contract. Up to five (5) additional paid days may be assigned by the principal with 30 days prior notice. Further additional days may be requested by the principal and scheduled with the consent of the employee. CLASSIFICATION MISCELLANEOUS - BUS DRIVERS a. Bus drivers shall be considered School Year, Full Time when their typical work week is 30 hours or more. Annual contracts will be awarded on the basis of projected routes and trips. A typical work week shall consist of a combination of assigned routes, optional and assigned trips. Drivers will be assigned field trips from the list of volunteers noted below. b. All drivers shall have the right to be placed on the list of volunteers for field and sports trips. The list of employees and assignment roster will be posted weekly in the employees’ work areas; however, it is understood that the District can verbally change the roster based on unforeseen/emergency situations and to assure a driver meets eligibility requirements for retirement coverage. c. When offering trips, the supervisor shall give priority to drivers who need additional hours to maintain their eligibility for health insurance. d. When possible, drivers will be notified five (5) calendar days in advance of the trip. e. When no driver from the volunteer group accepts a trip assignment, the supervisory shall have the right to assign the trip to either a non-bargaining unit individual or to the least senior member of the bargaining unit. f. The cost of the CDL renewal classes shall be paid by the District. * Seniority is the total number of years in the supervisory union in any capacity.

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6.7

CLASSIFICATION MISCELLANEOUS – EDUCATIONAL SUPPORT PERSONNEL a. Individual Support Personnel will be issued annual contracts that stipulate days to be worked, including inservice. b. Educational Support Personnel hired to support school activities during the summer months will be issued separate contracts for this assignment. This contract may qualify the employee for extended year benefits. Educational Support personnel hired to support summer school activities will be paid at a rate consistent with the job description for which they were hired. c. Contracts for Educational Support Personnel will include four inservice days which will be designated as follows: 1) Two inservice days will be allotted for professional development activities dedicated to supporting the Educational Support Personnel in their current position. 2) Two inservice days will be devoted to time spent in meetings assigned by the buildings administrator and/or superintendent designee. The employee will be required to maintain a log documenting inservice hours. 3) Employees who are required to attend after school meetings and have used their allotted inservice days will be paid at their hourly rate. Should the employee exceed 40 hours in any given week, the employee will be paid 1½ their hourly rate.

6.8

SUMMARY OF BENEFITS BY EMPLOYEE CLASSIFICATION Bus Drivers, Mechanics, Paraprofessionals (4 categories), Custodians, Food Service and Secretaries School Year Extended Year Full Year (to 186 days) (187-259 days) (260 days) Full time Part time Full time Part time Full time Part time Benefits Health** Y Pro rated Y Pro rated Y Pro rated Dental Y Pro rated Y Pro rated Y Pro rated Life insurance Y Y Y Y Y Y Severance Y Y Y Y Y Y The cost of one workshop or conference, not to exceed $800, at superintendent’s Professional (or designees) discretion. Prior approval required. development Leaves Vacation 1/10/20* 1/10/20* All employees shall receive an annual allotment of paid sick leave. This leave shall be Sick earned at the rate of 0.1 hours of leave for each 1.0 hour worked (“worked” includes paid leave) to a maximum accumulation of 1,500 hours.

Personal Bereavement Professional Holiday

3 Pro rated 3 Pro rated 3 5 Pro rated 5 Pro rated 5 Up to 2 days at superintendent’s (or designees) discretion N N Short list Pro rated Long list

Pro rated Pro rated Pro rated

* Vacation days accumulate at the rate of one per month up to 10, rate increases by 1 day/year up to 20. ** Co-pay chart applies a percentage share of the premium to be paid by the employee.

ARTICLE VII: GRIEVANCE PROCEDURE 7.1

4

DEFINITION a. A grievance is a written complaint by an employee or the Association alleging a violation, misinterpretation or misapplication of the Agreement. b. The “grievant” is/are person(s) making the complaint or Association. c. All time limits consist of weekdays (Monday through Friday) excluding legal holidays. d. Upon selection and certification by the Association, the Board shall recognize an Association Grievance Committee. The Association or its designee shall be the exclusive representative for each grievant. At least one Association representative shall be present for any meeting, hearing, appeal or other proceedings relating to a grievance, which has been formally presented with the

exception of discussions about the grievance between the Board and/or the administration. Nothing herein contained will be construed as limiting the right of any employee having a grievance to discuss the matter informally with his/her supervisor and having the grievance adjusted without intervention of the Association provided the Association has been notified by the grievant and the adjustment is not inconsistent with the terms of this contract. 7.2

PROCEDURES a. No grievance shall be entertained except in accordance with the procedures specified in this Agreement. b. No grievance shall be given formal consideration unless it is filed at Step 1 within twenty five (25) days of the grievant having knowledge of the occurrence that gave rise to the grievance. c. A grievance shall at all times, and throughout the Steps of the procedure, remain the exclusive property of the grievant, who shall retain the right to withdraw the grievance at any time, or at any step of the grievance procedure without establishing precedent. d. Nothing contained within this grievance procedure shall be construed as limiting any employee having a disagreement to discuss the matter informally before filing the matter as a formal grievance. e. The grievant, administration, and the Board agree to cooperate in the investigation of any grievance and to furnish one another with any information requested which is relevant to the processing of a grievance. f. The Board acknowledges the right of the Association’s grievance representative to participate in the processing of a grievance at any level and no employee shall be required to discuss any grievance if the Association’s representative is not present. g. Provided the Association and the immediate supervisor agree, Step 1 of the grievance procedure may be bypassed and the grievance brought directly to the next step. The Association following this grievance procedure may file class grievances. h. If the employee is not able to satisfactorily resolve his/her disagreement informally as provided for in ARTICLE VII, Section 7.2d above, then a formal filing of a grievance shall be made in accordance with the following procedure: formal grievances filed at all steps shall be in writing and shall specify the problem being grieved, sections of the Agreement involved, and the remedy sought. i. Grievances involving the actions of the administration about the building level, which affect all the school buildings within the district, shall be initiated by the Association at the level of the Superintendent. j. Should a building level grievance be universal in nature, impacting on all buildings, the Association shall initiate the grievance at Step II.

7.3

GRIEVANCE PROCEDURE STEP I The grievant shall forward a copy of the grievance to the building Principal or Transportation Supervisor. The building Principal or Transportation Supervisor will arrange for a meeting within five (5) days from the receipt of the grievance. The building Principal or Transportation Supervisor will render a decision in writing within ten (10) days from the conclusion of the meeting.

7.4

STEP II If the grievance is not resolved at Step I to the satisfaction of the grievant, the grievant may within ten (10) days from receipt of the building Principal or Transportation Supervisor’s decision forward a written copy of the grievance to the Superintendent of Schools. The Superintendent will arrange for a meeting within ten (10) days after receipt of the grievance. The Superintendent shall render a written decision within ten (10) work days from the date of the meeting.

5

7.5

STEP III If the grievance is not resolved at Step II to the satisfaction of the grievant, the grievant may within five (5) days from receipt of the Superintendent’s decision, forward a copy of the grievance to the Board. The Board upon receipt of the grievance will arrange for a hearing to be held within twenty (20) days from receipt of grievance. At said hearing, the grievant shall be present and he/she shall have the right to be represented by the Association. The Board shall issue a written decision within ten (10) days from the conclusion of said hearing.

7.6

STEP IV If the grievance is not resolved at Step III, the Association may submit the grievance to final and binding arbitration under the rules of the American Arbitration Association, which shall act as the administrator of the proceedings. If the demand for arbitration is not filed by the Association with the Superintendent’s office within twenty (20) days following receipt of the Board’s decision, the grievance will be deemed withdrawn. If an arbitrator is not mutually selected by the parties, or the Association has not submitted the grievance to the AAA within twenty (20) days following receipt of the Board’s decision, the grievance shall be deemed to have been withdrawn.

7.7

The arbitrator shall have no power to alter the terms of the Agreement. However, it is agreed that the arbitrator is empowered to include in any award such reimbursements or other remedies as he/she judges to be proper.

7.8

Neither the Superintendent nor the Association shall be permitted to assert any grounds before the arbitrator, which has not previously been disclosed to the other party.

7.9

Each party shall bear the full costs for its respective presentation in arbitration. The cost of the Arbitrator and the American Arbitration Association will be divided equally between the Board and the Association. Should either party order a transcript, that party shall bear the full expense of its own transcript.

7.10

All documents, communications, and records dealing with the processing of a grievance will be filed separately from the personnel files of the participants. Results where appropriate will be filed in personnel files.

ARTICLE VIII: LEAVE OF ABSENCE 8.1

PAID VACATION FOR FULL-TIME AND PART-TIME, FULL YEAR EMPLOYEES a. First year – Accumulate one (1) work day per month, beginning on the third month of employment (10 days maximum). b. One (1) additional vacation day for each year of employment up to a maximum of twenty (20) workdays paid vacation. c. Vacation days for the ensuing year will be credited on July 1st commencing after three years of employment. d. In the event of termination of employment, vacation days earned will be prorated. Unused vacation days will be paid at the daily rate of pay when an employee's service is terminated. e. A maximum of twenty (20) accumulated vacation days from previous years may be carried over on September 1 of each year in addition to the days earned for the current year. A year is defined to be July 1 through June 30. VACATION SCHEDULES TO BE APPROVED BY THE SUPERINTENDENT OR HIS DESIGNEE. f. A workday is defined as one-fifth of an employee’s normal total weekly hours.

8.2

SICK LEAVE a. All employees shall receive an annual allotment of paid sick leave. This leave shall be earned at the rate of 0.1 hours of leave for each 1.0 hour worked (“worked” includes paid leave) to a maximum accumulation of 1,500 hours. b. The sick leave allotment may be used for personal or immediate family illness. Immediate family is defined to include spouse, children and parents of employee or spouse, or other family members living in the same household (unique and unusual family circumstances may be considered and/or

6

c. d. e.

f.

approved by the Superintendent). The normal procedure is for the employee to notify the Principal or Supervisor, as soon as possible, of accident or illness to enable the Principal or Supervisor to contact a substitute. A doctor's certificate may be required after three (3) consecutive days of illness. Pregnancy Disability: All or any portion of a leave taken by an employee because of a medical disability connected with, or resulting from her pregnancy may, at the employee's option, be charged to her cumulative sick leave. Any leave will be granted only upon certification by a physician. In the event of a prolonged illness, the Superintendent has sole discretion to allocate additional sick leave with pay to a maximum of twenty (20) days annually for each eligible individual. Any individual with one (1) or more years of service in the District, after using available sick leave, may apply for this additional sick leave. The application will be on an approved form and include a Doctor's certification of prolonged illness. Part-time employees will be granted days on a pro-rata basis.

8.3

PERSONAL LEAVE a. All employees shall be entitled to personal leave. Personal leave shall be allowed to conduct legal, business, or personal matters, which cannot be reasonably conducted outside working hours. Personal leave days may not be used as vacation days. b. Each year three (3) personal leave days are available to all employees. c. Requests for personal leave with pay must be submitted to the Principal or Superintendent in writing forty-eight (48) hours prior to the days requested, except in emergency situations. Requests will be reviewed by the Principal and approved by the Superintendent. d. Paid personal leave days may not be used at the beginning or end of school vacations to extend the vacation period. Personal leave may not be used during summer school by extended year employees. e. Any unused personal leave days shall be converted to additional sick leave days and added to the cumulative total of available sick leave days for the following year, not to exceed the maximum.

8.4

BEREAVEMENT LEAVE Five (5) workdays will be granted by the Superintendent for each death in the immediate family. Immediate family is defined to include children, spouse, civil union partner, parents, siblings, grandparents, grandchildren, mothers and fathers-in-law, son-in-law and daughter-in-law, brother-in-law and sister-in-law, and the same “in-law” relationships for civil union partners. (Unique or unusual family circumstances may be approved by the Superintendent.) The Superintendent upon request of the employee may grant additional leave under this section.

8.5

STATUTORY LEAVE To the extent that the following statutory provisions are applicable to the Board, the Board shall comply with the requirements of the federal Family and Medical Leave Act (“FMLA”) and the Vermont Parental and Family Leave Act (“PFLA”). Leave pursuant to each of these acts shall be provided according to the Board’s policies and practices. Pursuant to these policies and practices, whenever an employee is entitled to and/or granted paid or unpaid sick (disability) leave or family leave pursuant to the terms of this Agreement and the employee is also entitled to leave pursuant to the FMLA and/or PFLA for the same occurrence, both the leave provided pursuant to the Agreement and that which is provided pursuant to the FMLA/PFLA will be provided concurrently. The employee may elect to take unpaid leave to a maximum of twelve (12) weeks. At the discretion of the employee, six (6) weeks of this twelve week period may be paid leave from the employee’s accrued sick leave and/or personal leave. Also, FMAL/PFLA leave will be provided concurrently with Workers’ Compensation benefits where concurrent entitlement exists. All other matters regarding the administration of leave provided pursuant to the FMLA and the PFLA shall be as provided by the District’s policies and practices.

7

8.6

PROFESSIONAL LEAVE a. Support staff employees may request professional leave for the purpose of improvement activities that are related to his/her present job assignment. A maximum of two (2) days per year may be approved for these purposes when the building administrator recommends the activity. b. One of the two professional development days may be approved, with additional pay, when the building administrator recommends the activity and the activity is scheduled on a non-work day. c. When a professional development activity is required by the supervising administrator, to meet employment expectations, the cost of the activity will be at the district’s expense. d. The request for leave shall, whenever possible, be submitted to the Superintendent at least thirty (30) workdays prior to the effective date of such leave. e. Funds for approved workshops, coursework or additional training, when recommended by the administrative supervisor, shall be available, as budget allows, up to $800 for each employee.

8.7

UNPAID LEAVE Employees are expected to work every day school is in session unless leave is approved. Under exceptional circumstances, requests for unpaid leave may be approved, in advance, by the superintendent.

8.8

HOLIDAYS The following days shall be recognized and observed as paid holidays as indicated below: Full-Year Employees Independence Day Labor Day Veteran’s Day* Thanksgiving Day and Friday following December 24 (1/2 day) Christmas Day December 31 (1/2 day) New Year’s Day President’s Day* Town Meeting Day Memorial Day

Extended-Year Employees Independence Day Labor Day Thanksgiving Day New Year’s Day Memorial Day Christmas Day

*Floating Holiday

If a holiday falls on a Saturday or Sunday or a day school is scheduled to be in session, that holiday will be considered a floating holiday and may be taken at a later date with prior approval from the Superintendent.

ARTICLE IX: INSURANCE 9.1

HEALTH INSURANCE a. The Board will provide partial payment for health insurance premiums for either the VEHI "Dual Option" or Comprehensive Plus 1200 single, two-person or family health insurance plan for fulltime employees during their period of employment. 1) Individual employees are required to pay a share of the premium of the health insurance program. The exact percent of the health insurance premium is based upon the salary level of the employee as indicated below. Less than $15,000 8.0% b.

8

$15,000-$20,000 9.0%

$20,000-$25,000 10.0%

$25,000 + 11.0%

Employees who qualify for the health insurance program and choose to decline the health insurance coverage, qualify for an annual stipend of $1,500 per year. The stipend shall be paid st as a lump sum on the 1 pay period in October. 1) If a full-time employee chooses not to participate, a written, signed notification (e-mail is not acceptable) plus a CESU Health Insurance Decline Form (a printable reproduction

2)

may be found at the CESU website: www.cesu.k12.vt.us) must be received by the Superintendent by June 1st of each year preceding the declined year. The payment shall be made on the first pay period in October. Changes in family status will be honored until September 1st. Changes that occur after September 1st will not change the amount of the stipend. An employee who receives this stipend and then terminates his/her employment with the district or takes an extended leave with no benefits, will be liable for the prorated amount based upon the amount of time employed by the district for that given year.

c.

Part-time employees who do not qualify for health insurance may purchase it through the district. This part-time qualification applies to employees who work more than 20 hours per week. The employee must pay the percentage share outlined in Section (a) plus an additional pro-rated share. For example, an employee who works 20 hours per week and earns less than $15,000 per year may choose to pay 33% (10 hours/30 hours) plus 6% for a total of 37% of the premium and the district will pay the remaining premium.

d.

School-Year employees who receive health insurance benefits will be provided coverage on a 12-month basis.

e.

For the Comprehensive Plus 1200 Plan the Board shall reimburse employees 100% of the annual first dollar deductible and co-insurance costs, up to $1,800 for single coverage and $3,600 for two-person and family coverage.

9.2

DENTAL INSURANCE a. The Board shall provide at no cost to employees who work at least 20 hours per week a dental insurance plan substantially equal to the Delta Dental Plan of basic coverage and to include the following: Coverage A: 100% (Diagnostic, preventative) Coverage B: 85% (Restorative, oral surgery, endontics, periodontics, denture repair, palliative) Coverage C: Maximum amount per calendar year - $750. Major services (crowns, bridge work, dentures, etc.). st b. Dental insurance for new employees will commence the first (1 ) day of the month following the st thirty-first (31 ) day waiting period. The group enrollment form must be received by the twentyth fifth (25 ) day of the prior month.

9.3

LIFE INSURANCE The Board shall provide at no cost to the employee a thirty thousand ($30,000) term life insurance plan for persons who are contracted to work at least 20 hours per week.

9.4

SECTION 125 PLAN The Board will provide a Section 125 Plan/Flexible Spending Plan through which employees can convert employee-paid health and dental insurance premiums, deductibles, co-payments and qualified uninsured medical and dental expenses to pre-tax expenses. The Flexible Spending Plan shall include a Health Care Reimbursement Account and a Dependent Care Reimbursement Account. The set-up and maintenance costs for said plan will be borne by the Board.

9.5

HEALTH INSURANCE RE-OPENER In the event that during the life of this Agreement, the District is no longer able to obtain health insurance through VEHI and/or the District is required to obtain employee health insurance benefits through the Vermont Health Connect Insurance Exchange (or a corresponding federal exchange), or there is a significant change in benefits due to health reform mandates at the state (Vermont) or federal level the parties agree to reopen Article 9 of this Agreement and negotiate a new employee health insurance program. These negotiations, unless otherwise agreed, shall be limited to health insurance benefits and cost sharing and its effect on wages.

9

ARTICLE X: PAY 10.1

REGULAR PAY a. Pay Periods: The number of pay periods will be between nineteen (19) and twenty-four (24) depending on each person’s position. There will be a delay in the first payment for hourly paid employees for as much as three (3) weeks. b. Overtime: All hourly school district employees be paid time and one half (1½) for all hours worked beyond forty (40) hours in their standard work week or the employee may receive compensatory time for all hours worked beyond forty (40) hours in their standard work week (i.e. one and one half (1½) compensatory hours equals one overtime hour). Compensatory time must be taken within thirty (30) calendar days. The employee may choose either additional pay or compensatory time for extra hours. Overtime hours MUST BE APPROVED IN ADVANCE by school principals and/or supervisors.

10.2

a.

b.

All employees (excluding bus drivers) who work eight (8) hours per day will receive a paid duty-free lunch period equal to the student lunch period in the building in which they work, as well as two (2) paid ten minute breaks during the day. Employees (excluding bus drivers) who work less than eight hours (8) per day will receive a paid duty-free lunch period equal to the student lunch period in the building in which they work, as well as, one (1) paid ten minute break during the day. If required by his/her employment contract, an employee who works in multiple buildings during the same workday shall be paid for travel time and shall be reimbursed for mileage between the buildings.

10.3

SNOW DAYS a. Employees who work less than Full-Year are not expected to work on snow days. These employees are required to work on the make-up days for these snow days. b. Full-Year employees are expected to report to work when the driving conditions are safe in preparation for the next school day. The routine procedure for full-year employees on these snow days is to complete a half-day work schedule.

10.4

SEVERANCE PAY FOR FULL TIME EMPLOYEES a. Severance pay shall be awarded to full time employees with consecutive years of service as follows: 25 consecutive years = $7,000 20 consecutive years = $6,000 15 consecutive years = $5,000 10 consecutive years = $3,000 b. If an employee is terminated for just cause, no severance will be paid. c. For employees newly hired after January 1, 2007, severance will be paid only to those Full Year, Extended Year and School Year employees who have worked on average of 20 hours per week for the last five years of their employment with the District.

ARTICLE XI: RETIREMENT 11.1

10

Employees covered by this Agreement who are regularly employed for 30 or more hours per week and 1040 hours a year are required to participate in the Vermont Municipal Employees’ Retirement System (VMERS). The district will provide employees with informational materials on VMERS at hiring and on an annual basis thereafter.

ARTICLE XII: HIRING 12.1 12.2 12.3

All expenses for the processing of the actual cost of finger printing for background checks shall be reimbursed to the employee by the district. All employees will be given a job description and an annual contract that includes hours to be worked and wage rate. Probation a. The probationary period of all new employees is to permit the employee to become accustomed to the CESU district and the assigned school and demonstrate his/her capabilities. The probationary period also provides the employer the opportunity to determine the employee’s suitability for permanent employment and the employee the opportunity to determine whether he/she wishes to remain as a permanent staff member. b. A new employee shall serve a probationary period of seventy-five (75) working days (suspended from June 30 to September 1). By mutual agreement the probationary period shall be extended for an additional seventy-five (75) working days. The decision of the superintendent not to renew or terminate a probationary employee’s contract shall not be grievable.

ARTICLE XIII: EMPLOYEE EVALUATION 13.1

13.2

13.3

13.4

13.5

13.6

13.7

All monitoring or formal observation of the work performance of an employee will be conducted openly. Principals or supervisors shall complete written annual reviews of employees each school year. Employees will receive a copy of the job description and evaluation instrument at hiring or within two weeks of revision. It is the goal of the School District that Employees shall be evaluated once a year no later than May 1. Employees will be given a copy of any evaluation report prepared by their principal or supervisor and will, at their option, be entitled to a conference to discuss said report within five (5) working days from receipt of the report. No such report will be submitted to the Central Office, placed in the employee's personnel file, or otherwise acted upon without a prior conference, if requested. No employee will be required to sign a blank or incomplete evaluation form. In the event an employee and his/her primary evaluator mutually agree to request an observation/evaluation by a person other than the primary evaluator following a minimum of two observations/evaluation, the superintendent may consider such request and if in his/her opinion it is appropriate, designate a second evaluator. Any complaint regarding an employee made to any member of the administration by any parent, student, colleague or teacher, or other person, which results in suspension, non-renewal or dismissal of an employee, must be in writing and signed by the complainant or the administrator identifying the source of the complaint. The complaint will be promptly investigated and called to the attention of the employee. The employee will be given the opportunity to respond and/or rebut such complaint. No material other than routine financial information may be placed in the employee’s personnel file unless he/she has an opportunity to review the material. The employee will acknowledge, within five (5) days, that he/she has had a chance to review such material by affixing his/her signature to the copy to be filed with the expressed understanding that such signature in no way indicates agreement with the contents thereof. Refusal of the employee to affix his/her signature to the file copy shall not preclude its placement in the employee’s personnel file. The employee will also have the right to submit a written answer to such material and his/her answer will be reviewed by the Superintendent or his/her designee, and attached to the file copy. Personnel files are the property of the Chittenden East Supervisory Union. Access to an individual's personnel file shall be restricted to the employee, his/her immediate supervisor(s) and personnel in the Office of the Superintendent. Employees will have the right, upon request, to review the contents of their personnel file, excluding references, and they may receive a copy of any documents reviewed by the employee. Any final evaluation report prepared by a member of the administration and any conference to discuss said report shall be conducted by a member of the administration. However, it is expressly understood that teachers may be asked to provide information for an evaluation report including completion of required forms and to participate in a conference with an employee to discuss said report if deemed appropriate by the administration. 11

13.8

During any job performance or job related conferences with supervisory and/or administrative staff, an employee may choose to invite a third party to the conference. Scheduling adjustments for the conference shall be made in a timely manner to allow all parties to be in attendance.

ARTICLE XIV: WORKER'S COMPENSATION 14.1

Workers’ Compensation issues will be administered in accord with the provisions of the Vermont Workers’ Compensation statute [21 VSA Chapter 9]. This shall include, by way of example and not limitation, employment reinstatement rights. Whenever an employee is injured while on duty, the employee must notify the principal or his/her supervisor and file an injury report. During any period of disability between the date of the injury and the date workers’ compensation benefits begin, the employee will be allowed to utilize sick leave as provided by Section 8.2 of this Agreement. In the event that an employee receives paid sick leave for a period of time during which workers’ compensation benefits are paid, the employee shall reimburse the District for said overlapping sick leave payments. Once workers’ compensation benefits are provided to the employee, he/she shall not be eligible for any other paid sick leave/disability benefits provided by this Agreement. If workers’ compensation benefits are awarded, the District will continue to pay its share of the health insurance premiums provided by this Agreement for up to six (6) months from the date the employee becomes disabled, or for the amount of time equal to the number of accumulated sick leave days, whichever is greater.

ARTICLE XV: JUST CAUSE 15.1

Except for probationary employees as defined in article 12.3b, no employee will be reprimanded, disciplined, dismissed, or fail to have his/her contract renewed without just cause and sufficient cause.

ARTICLE XVI: LAYOFF AND RECALL 16.1

12

a.

Layoffs shall be based on seniority within the job categories listed below. The application of seniority within these categories shall occur within the employing district with the exception of categories # 1 and #2. Seniority in categories # 1 and #2 shall be within the Chittenden East Supervisory Union (the “SU”). 1) Para-Professional ((“Para’s”)[composed of the following job titles -General Assistant, Individual Assistant and Individual Assistant-Intensive]) 2) Specialized Assistant 3) Custodian 4) Bus Driver 5) Mechanic 6) Food Service 7) Secretary I

b.

Any employee who is to be laid off shall receive thirty (30) days notice or pay for said time in lieu of notice.

c.

Individual Assistants (IA) or Individual Assistants Intensive (IAI) who have been laid off during a school year AND have not been offered an employment contract by June 1 shall be able to exercise displacement rights within all Paraeducator job categories based on seniority for the following contract year provided such IA or IAI has the necessary skills, training and experience appropriate for such position in the sole judgment of the Superintendent. Any employee displaced by this provision shall be placed on the Recall list as provided in 16.2 a.

16.2

RECALL a. Except for categories #1 and #2, employees who are laid off shall be recalled in reverse seniority order, within their employing district, to open positions within the job category from which the employee was laid off for a period of one (1) year beginning with the effective date of layoff. Employees laid off in categories #1 and #2 shall be recalled to open positions within his/her layoff category within the SU; this shall include the issuance of contracts for the school year immediately following the employee’s layoff. The employee is responsible for informing CESU whenever his/her address and/or phone number changes. b. Employees filling positions in the previously mentioned categories shall have recall rights if the employee has the appropriate skills, experience and training for the positions available. c. An employee who refuses recall shall not have waived further rights within the one-year recall period.

16.3

SENIORITY a. Seniority shall begin to accrue at the beginning of the most recent date of continuous employment within the employing district. Seniority for individual employees during and prior to the 2008-09 school year shall not be changed due to this definition. Seniority will continue to accrue during any approved leave of absence. Seniority will not accrue while an employee is on layoff status; however, seniority earned prior to layoff will be retained for one (1) year from the effective date of layoff. Seniority FTE is calculated as the number of contracted hours worked per year divided by 2,088 hours. b. Employees in Categories #1 and #2 shall earn seniority on an SU-wide basis regardless of the district in which they are employed provided their period of employment has been continuous in one or more of the districts within the SU. c. Bus Drivers, who fulfill his/her contracted year, will accumulate one year of seniority for each consecutive year of contracted service. d. The Seniority List will be updated annually and distributed by January 15 for employee review. 1) An employee wishing to challenge his/her position on the seniority list shall submit the challenge in writing to include the basis of the challenge to the Superintendent no later than February 15. The Superintendent will review the challenge and a meeting will occur within ten days (10) work days. The Superintendent shall render a decision within ten (10) days from the date of the meeting. 2) If the challenge is not resolved at the Superintendent level to the satisfaction of the challenger, the employee shall submit in writing a request for panel review within ten (10) days from receiving the Superintendent’s decision. A panel composed of a person appointed by the Association, a person appointed by the Board and a third person selected by the two (2) appointed people shall meet to decide the validity of the challenge within ten (10) days from receipt of the challenge. The panel shall render a decision within ten (10) days of the meeting. The employee and/or Superintendent shall have the opportunity to clarify positions at the panel meeting. The decision of the majority of the panel shall be final and binding on the employee, Association and Board. The cost, if any, of the neutral member of the panel shall be borne equally by the Board and Association. 3) Support staff will be notified electronically when revisions to the seniority list have been posted.

16.4

Seniority shall begin to accrue at the beginning of the most recent date of continuous employment.

16.5

TRANSITION PROVISION The Board proposes that the determination of Seniority in the Mt. Mansfield Modified Union School District (MMMUSD) for the 2015-2016 school year will be based upon the following: a. Continuous employment in the Bolton School District, Jericho School District, Richmond School District, Underhill ID School District, Underhill Town School District, and MMMUSD #17. b. Category as outlined in 16.1

13

16.6

TRANSFERS The Board and/or Superintendent may transfer employees at any time. Except in cases of emergency or extenuating circumstances, an employee will be provided a minimum or two weeks’ notice prior to the actual transfer. When transfers are necessary, an employee’s education, skills and qualifications, current job category, performance and other relevant factors shall be considered in determining which employee is to be transferred. Any transfer will be made only after proper notification. The final decision is within the sole discretion of the Board and/or Superintendent. An employee designated for transfer may request, and upon request shall be granted a meeting with the Superintendent or designee to discuss the reasons for the transfer. The employee may have an Association representative present at such meeting.

ARTICLE XVII: CONTRACT RENEWAL 17.1

17.2

17.3

17.4

Annually, on or before May 15 the district(s) shall offer a contract of employment to each employee covered by this agreement. The contract will be consistent with the Master Agreement and shall state the employee’s wage rate, school to which the employee will be assigned, number of work days and, in the case of school year employees, the date that work will begin. Work schedules will be provided by the building principal prior to the start of the school year. The annual contract may be modified as student and program needs change. Employees will be given two (2) weeks’ notice of changes to the scheduled hours and/or days of work. If the employee and supervisor agree, the two week prior notice may be waived. Contracts for bus drivers will individually list each regularly assigned route including the hours assigned for the contracted period. Regular routes include a.m. pick-up, p.m. drop-off, kindergarten, and preschool. After school activities and vocational routes will be included whenever possible. Changes to the contracted assignment will be allowed, on a limited basis, as adjustments are made throughout the year. Temporary adjustments will not alter the employee’s wages. Drivers will receive their contracted hourly rate of pay, and overtime if required, for all routes, trips and wait time, except when assigned to drive a double run, in which instance the driver will receive an additional $20.00.

ARTICLE XVIII: SAFETY/MISCELLANEOUS 18.1

18.2

18.3 18.4 18.5 18.6

18.7

14

The Board will work to create a work environment which fosters respect, positive interaction, and personal wellness. The Board and the Association recognize that the health, safety and well-being of the students are their primary responsibility. As defined by state and federal health and safety laws (e.g., VOSHA, OSHA, etc.) employees shall not be required to work under unsafe or hazardous conditions. Any grievance alleging a violation of this provision shall not be subject to the arbitration provisions in this Agreement. No paraprofessional shall be required to transport students in his/her own vehicle, unless transportation requirements have been agreed to by the employee at hiring or transfer to the new position. New employees will be informed of the insurance practice of the District and will be advised to contact their insurance company. CPR & basic first aid training will be provided for all employees. Some employees may be directed to attend. All other employees will have the option to attend. Employees will be trained in regard to job position requirements, IEP requirements, etc. concerning students said employee will be working with. Employees supervising recess and/or lunch will be informed of any medical conditions or special needs of students they supervise. For students with extraordinary health and/or behavioral issues, the Director of Special Services will determine whether additional support is necessary when transporting students. If additional support is required, the employee will receive appropriate training. Custodians and mechanics will be provided protective outerwear relating to their position, gloves, safety glasses, ear protection and other safety related equipment. Bus drivers will be provided gloves and jackets.

18.8

18.9

Except in the case of emergencies, employees providing personal care services for students (e.g. toileting) will be accompanied by a second adult. If it is determined by the administration that two (2) employees are required to provide the services, both employees will be paid for such services. Mechanics shall be provided work uniforms and uniform laundry service.

ARTICLE XIX: SALARY SCHEDULE 19.1

19.2 19.3 19.4 19.5 19.6

After review of employee work history, the Superintendent shall place the individual on the appropriate salary step. The appropriate initial placement will be based upon prior experience and the work history of a similar nature. After initial placement, each year of successful employment performance shall result in one step advancement on the schedule. Steps do not necessarily equate to years of experience. No newly hired employee, however, shall be placed at a step higher than a current employee with the same experience. No employee shall exceed the top step of the salary schedule. Employees with experience exceeding Step 26 shall be placed on the top step of the salary schedule. An additional hourly stipend of 50¢ shall be paid to employees who are assigned to a night shift. Paraeducators who serve as substitutes for teachers shall receive additional compensation of $15.00 for a half day and $30.00 for a full day.

ARTICLE XX: DURATION 20.1

20.2

The provisions of this Agreement will be effective as of July 1, 2015 and will continue and remain in full force and effect until June 30, 2017. Said Agreement will automatically be renewed and will continue in full force and effect for additional periods of one (1) year unless a successor Agreement is negotiated as provided by Article II of this Agreement. In the event that the parties have not agreed upon the terms of a successor to this Agreement on or before the expiration date of this Agreement, there shall be no wage schedule movement provided to employees after said expiration date unless and until such movement is expressly agreed upon in writing.

15

Appendix A 2015-16 SALARY SCHEDULE

Step

General Asst.

Individual Asst.

Individual Asst., Intensive

Specialized Asst.

Custodian

Bus Driver

Mechanic

Food Service

Sec. I

Sec. II

1

11.23

11.23

13.06

13.30

10.97

14.37

14.37

10.81

13.48

0.00

2

11.44

11.44

13.39

13.63

11.20

14.75

14.75

10.99

13.82

0.00

3

11.68

11.68

13.72

13.96

11.42

15.16

15.16

11.23

14.18

0.00

4

11.89

11.89

14.04

14.32

11.64

15.56

15.56

11.44

14.52

0.00

5

12.26

12.26

14.41

14.67

11.99

15.92

15.92

11.77

14.86

0.00

6

12.61

12.61

14.73

15.02

12.32

16.25

16.25

12.13

15.23

15.32

7

12.98

12.98

15.08

15.35

12.68

16.58

16.58

12.46

15.56

15.75

8

13.32

13.32

15.40

15.70

13.02

16.93

16.93

12.80

15.92

16.20

9

13.70

13.70

15.77

16.04

13.35

17.28

17.28

13.15

16.25

16.67

10

14.03

14.03

16.10

16.38

13.71

17.63

17.63

13.50

16.58

17.01

11

14.41

14.41

16.46

16.74

14.04

17.94

17.94

13.85

16.93

17.37

12

14.77

14.77

16.81

17.08

14.41

18.31

18.31

14.19

17.28

17.68

13

15.13

15.13

17.13

17.42

14.73

18.64

18.64

14.54

17.63

18.05

14

15.47

15.47

17.50

17.78

15.08

19.00

19.00

14.86

17.94

18.36

15

15.83

15.83

17.83

18.12

15.40

19.35

19.35

15.23

18.31

18.70

16

16.18

16.18

18.19

18.43

15.77

19.69

19.69

15.56

18.64

19.06

17

16.53

16.53

18.52

18.78

16.10

20.03

20.03

15.92

19.00

19.40

18

16.90

16.90

18.88

19.12

16.46

20.39

20.39

16.25

19.35

19.75

19

17.25

17.25

19.21

19.47

16.81

20.73

20.73

16.58

19.69

20.09

20

17.62

17.62

19.55

19.82

17.13

21.03

21.03

16.93

20.03

20.45

21

17.96

17.96

19.89

20.16

17.50

21.39

21.39

17.28

20.39

20.78

22

18.33

18.33

20.23

20.50

17.83

21.73

21.73

17.63

20.73

21.15

23

18.67

18.67

20.58

20.86

18.19

22.08

22.08

17.94

21.03

21.47

24

19.03

19.03

20.94

21.22

18.53

22.43

22.43

18.29

21.37

21.78

25

19.37

19.37

21.30

21.58

18.88

22.77

22.77

18.62

21.71

22.12

26

19.80

19.80

21.77

22.07

19.28

23.29

23.29

19.04

22.20

22.63



Effective July 1 of 2015 and 2016 the schedule will be increased by 1.32% except step 26 which will be increased by 2.5%.



Step increases will be granted to each eligible employee effective July 1 of 2015 and 2016.

16

Appendix B 2016-17 SALARY SCHEDULE

Step

General Asst

Individual Asst

Individual Asst, Intensive

Specialized Asst

Custodian

Bus Driver

Mechanic

Food Service

Sec. I

Sec. II

1

11.37

11.37

13.23

13.48

11.12

14.56

14.56

10.95

13.65

0.00

2

11.59

11.59

13.57

13.81

11.34

14.95

14.95

11.14

14.00

0.00

3

11.84

11.84

13.90

14.15

11.57

15.36

15.36

11.37

14.37

0.00

4

12.05

12.05

14.23

14.51

11.80

15.77

15.77

11.59

14.71

0.00

5

12.42

12.42

14.60

14.86

12.14

16.13

16.13

11.93

15.06

0.00

6

12.78

12.78

14.93

15.21

12.48

16.47

16.47

12.29

15.43

15.52

7

13.15

13.15

15.28

15.55

12.84

16.79

16.79

12.63

15.77

15.95

8

13.50

13.50

15.60

15.91

13.19

17.15

17.15

12.97

16.13

16.41

9

13.88

13.88

15.97

16.25

13.53

17.50

17.50

13.32

16.47

16.89

10

14.22

14.22

16.31

16.60

13.89

17.86

17.86

13.67

16.79

17.24

11

14.60

14.60

16.68

16.96

14.23

18.18

18.18

14.03

17.15

17.60

12

14.97

14.97

17.03

17.31

14.60

18.55

18.55

14.38

17.50

17.91

13

15.33

15.33

17.36

17.65

14.93

18.89

18.89

14.73

17.86

18.28

14

15.68

15.68

17.73

18.02

15.28

19.25

19.25

15.06

18.18

18.60

15

16.04

16.04

18.07

18.36

15.60

19.61

19.61

15.43

18.55

18.95

16

16.39

16.39

18.43

18.67

15.97

19.95

19.95

15.77

18.89

19.31

17

16.74

16.74

18.77

19.03

16.31

20.30

20.30

16.13

19.25

19.66

18

17.12

17.12

19.13

19.37

16.68

20.65

20.65

16.47

19.61

20.01

19

17.48

17.48

19.46

19.73

17.03

21.00

21.00

16.79

19.95

20.36

20

17.85

17.85

19.81

20.08

17.36

21.31

21.31

17.15

20.30

20.72

21

18.20

18.20

20.15

20.43

17.73

21.67

21.67

17.50

20.65

21.06

22

18.57

18.57

20.50

20.77

18.07

22.02

22.02

17.86

21.00

21.42

23

18.92

18.92

20.85

21.14

18.43

22.37

22.37

18.18

21.31

21.75

24

19.28

19.28

21.22

21.50

18.78

22.73

22.73

18.53

21.65

22.07

25

19.63

19.63

21.58

21.87

19.13

23.07

23.07

18.87

22.00

22.41

26

20.06

20.06

22.06

22.36

19.54

23.60

23.60

19.29

22.49

22.93



Effective July 1 of 2015 and 2016 the schedule will be increased by 1.32% except step 26 which will be increased by 2.5%.



Step increases will be granted to each eligible employee effective July 1 of 2015 and 2016.